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HomeMy WebLinkAbout07.08.13 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, July 8, 2013 Administration & Public Works (A&PW) Committee meets at 5:45 p.m. Planning & Development (P&D) Committee meets at 7:15 pm City Council meeting convenes immediately after the conclusion of the P&D Committee meeting ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Holmes (II) Mayor Public Announcements July is National Park and Recreation Month (III) City Manager Public Announcements Recycling Fair July 13, 2013 at Evanston Township High School (IV) Communications: City Clerk (V) Citizen Comment Members of the public are welcome to speak at City Council meetings. As part of the Council agenda, a period for citizen comments shall be offered at the commencement of each regular Council meeting. Those wishing to speak should sign their name, address and the agenda item or topic to be addressed on a designated participation sheet. If there are five or fewer speakers, fifteen minutes shall be provided for Citizen Comment. If there are more than five speakers, a period of forty-five minutes shall be provided for all comment, and no individual shall speak longer than three minutes. The Mayor will allocate time among the speakers to ensure that Citizen Comment does not exceed forty-five minutes. The business of the City Council shall commence forty-five minutes after the beginning of Citizen Comment. Aldermen do not respond during Citizen Comment. Citizen Comment is intended to foster dialogue in a respectful and civil manner. Citizen comments are requested to be made with these guidelines in mind. (VI) Special Order of Business (VII) Consent Agenda: Alderman Rainey 1 of 994 City Council Agenda July 8, 2013 Page 2 of 10 7/3/2013 6:05 PM (VIII) Report of the Standing Committees Administration & Public Works - Alderman Rainey Planning & Development - Alderman Wynne Human Services - Alderman Holmes (IX) Call of the Wards (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (X) Executive Session (XI) Adjournment SPECIAL ORDER OF BUSINESS (SP1) Ordinance 76-O-13, An Ordinance to Ban Assault Weapons in the City of Evanston Ordinance 76-O-13 amends Title 9, Chapter 8 of the Evanston City Code of 2012 to specifically ban the possession, transfer, sale or display of assault weapons in the City of Evanston. This ordinance was introduced at the June 24, 2013 City Council meeting. For Action CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council meeting June 10, 2013 (M2) Approval of Minutes of the Regular City Council meeting June 17, 2013 (M3) Approval of Minutes of the Regular City Council meeting June 24, 2013 For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through 6/16/13 $2,759,255.18 (A2) City of Evanston Bills FY2013 7/9/13 $3,894,114.74 Credit Card Activity – Period End May 31, 2013 $ 125,260.65 For Action 2 of 994 City Council Agenda July 8, 2013 Page 3 of 10 7/3/2013 6:05 PM (A3.1) Approval of Contract with Kenny Construction Company for Large Diameter Sewer Rehabilitation (Bid 13-42) Staff recommends that City Council authorize the City Manager to award a contract in the amount of $1,388,290 to Kenny Construction Company (2215 Sanders Road Suite 400, Northbrook, IL) for the Large Diameter Sewer Rehabilitation – Central Park Ave and Main St (Bid 13-42), contingent upon receiving the appropriate loan funding from the Illinois Environmental Protection Agency (IEPA). It is anticipated that the IEPA will provide loan funding from the State Revolving Fund in an amount up to $1,429,940 for this project. For Action (A3.2) Approval of Contract with SAK Construction, LLC for 2013 Cured In Place Pipe Lining Contract B (CIPP) (Bid 13-43) Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 Cured-In-Place Pipe Lining Contract B (Bid 13-43) with SAK Construction, LLC (864 Hoff Road, O’Fallon, MO) in the amount of $179,887.70. Funding is provided by the Sewer Fund, Account 7420.62461, which has $206,277 in available funding remaining. For Action (A3.3) Approval of Single Source Purchase of Rate of Flow Transmitters and Manifolds from Rosemount, Inc. for the Water Treatment Plant Staff recommends approval of a single-source purchase of Rate of Flow Transmitter equipment from Rosemount, Inc. (8200 Market Boulevard, Chanhassen, MN) in the amount of $57,386.07 . Staff is recommending the single source purchase from Rosemount in order that all transmitters would then be made by the same company and be the same model. Funding is provided by the Water Capital Improvement Program Fund, Account 733123. For Action (A3.4) Approval of Agreement with Connelly’s Academy for Martial Arts Instruction Staff recommends that City Council authorize the City Manager to execute a single source agreement with Connelly’s Academy (9750 Karlov Avenue, Skokie, IL) through December 2014 for martial arts program services at the Levy Senior Center, which is projected to reach a dollar value of over $20,000 in payments to the vendor. Revenue from program registrations are deposited into the General Fund Account, Levy Senior Center 3055.53565 and expenses for instruction paid from 3055.62505. For Action 3 of 994 City Council Agenda July 8, 2013 Page 4 of 10 7/3/2013 6:05 PM (A3.5) Approval of Contract with A. Lamp Concrete Contractors Inc. for the 2013 CIP III Street Resurfacing Project (Bid 13-49) Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 CIP III Street Resurfacing Project (Bid 13-49) to A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL 60193) in the amount of $968,396. Funding is provided by the Capital Improvements Fund for $818,396 (Acct. 415857.65515 – 2013 Budget of $2.7 million and $1,082,000 being allocated in Phase I and II) and Howard- Hartrey TIF Fund $150,000 (Acct. 553104.65515 – 2013 Budget of $250,000). For Action (A3.6) Approval of Contract with Chicagoland Paving for Davis Street Improvement Project (Bid 13-50) Staff recommends that City Council authorize the City Manager to execute a contract for the Davis Street Improvement Project (Bid 13-50) with Chicagoland Paving (225 Telser Road, Lake Zurich, IL) in the amount of $2,299,905.65. Funding is provided by the Washington National TIF Fund in the amount of $879,853.87 (Acct. 547616.65515 – 2013 Budget of $1,300,000), the Sewer Fund $250,000 (Acct 7420.65515 – 2013 Budget of $250,000) and Capital Improvements Fund $1,170,051.78 (Acct. 415857.65515 – 2013 Budget of $1,197,000). For Action (A4) Approval of Bridge Street Bridge Project Construction Funding Increase (RFQ 10-25) Staff recommends that City Council authorize the City Manager to increase the local share of the construction cost by $86,000 (20%) for the Bridge Street Bridge reconstruction project. The additional construction cost for the bridge project is funded from the remaining funds in the Street Resurfacing Program in the Capital Improvements Fund Account 415857.65515 (Total allocated expenses $1,900,873.43 and total budget of $2.7 million leaving $799,126.43 available). For Action (A5) City of Evanston FY2012 Audited Annual Financial Report Staff recommends that the FY2012 Audited Annual Financial Report be accepted and placed on file. Accept and Place on File (A6) Resolution 41-R-13, Northwestern University Utility Easement on Emerson Street Staff recommends that the City Council adopt Resolution 41-R-13 authorizing the City Manager to execute a chilled water service utility easement with Northwestern University in order to cross Emerson Street. The easement will be for a 50-year period for a $220 annual fee. For Action 4 of 994 City Council Agenda July 8, 2013 Page 5 of 10 7/3/2013 6:05 PM (A7) Ordinance 77-O-13, Authorizing Sale of Surplus Vehicles and Equipment Staff recommends that City Council authorize the City Manager to publicly offer the sale of various vehicles and equipment owned by the city through public auction based on Ordinance 77-O-13. The vehicles are presently out of service. For Introduction (A8) Ordinance 84-O-13 Authorizing 2013 General Obligation Bond Issue Staff recommends approval of the attached draft ordinance number 84-O-13 for the FY 2013 bond issuance in the not-to-exceed amount totaling $12,700,000. The ordinance will be completed and signed after the bond sale date, which is tentatively scheduled for July 31, 2013. For Introduction (A9) Ordinance 58-O-13, Decreasing the Number of Active Class D Liquor Licenses, Wingstop[ Staff recommends City Council adoption of Ordinance 58-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses to twenty-one (21), because Wingstop, 2434 Main Street, stopped selling alcohol in January 2013 and does not intend to renew its liquor license. This ordinance was introduced at the June 24, 2013 City Council meeting. For Action (A10) Ordinance 64-O-13, Decreasing the Number of Active Class D Liquor Licenses, Siam Splendor Staff recommends City Council adoption of Ordinance 64-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses to twenty (20), because Vichida Corporation, d/b/a Siam Splendour, 1125 Emerson Street, is not renewing its Class D liquor license. This ordinance was introduced at the June 24, 2013 City Council meeting. For Action (A11) Ordinance 65-O-13, Increasing the Number of Class P-1 Liquor Licenses, Temperance Beer Company Staff recommends City Council adoption of Ordinance 65-O-13, 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 to one (1), to permit liquor license issuance to Temperance Beer Company, LLC, d/b/a Temperance Beer Company, 2000 Dempster Street. This ordinance was introduced at the June 24, 2013 City Council meeting. For Action 5 of 994 City Council Agenda July 8, 2013 Page 6 of 10 7/3/2013 6:05 PM (A12) Ordinance 68-O-13, Amending Class P-1 Liquor License Capacity Staff recommends City Council adoption of Ordinance 68-O-13, which amends Class P-1 by increasing the maximum quantity of craft beer permitted for on-site production and storage from 465,000 gallons to 930,000 gallons annually. This amendment mirrors measures recently adopted by the state legislature in HB 1573. This ordinance was introduced at the June 24, 2013 City Council meeting. For Action (A13) Ordinance 66-O-13, Authorizing Class N Liquor Licensees to Offer Tastings Staff recommends City Council adoption of Ordinance 66-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(N), as amended, to authorize Class N liquor licensees to offer tastings of alcoholic liquor. Class N liquor licenses are held by grocery stores including Jewel Osco, Dominick’s, Food 4 Less, Whole Foods, and Sam’s Club. This ordinance was introduced at the June 24, 2013 City Council meeting. For Action (A14) Ordinance 67-O-13, Authorizing Class T Liquor Licensees to Offer Samples Staff recommends City Council adoption of Ordinance 67-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(T), as amended, to authorize Class T liquor licensees to offer samples of beer brewed by the licensee. Class T is the City’s brewpub liquor license, and Smylie Bros. Restaurant and Brewery is the City’s only Class T licensee. This ordinance was introduced at the June 24, 2013 City Council meeting. For Action (A15) Ordinance 56-O-13, Text Amendment to City Code Subsection 11-2-11-(B) to Correct Code Reference Staff recommends City Council adoption of Ordinance 56-O-13, which amends the text of Evanston City Code of 2012 Subsection 11-2-11-(B), as amended, to correct the Code reference regarding mailing notices of impending vehicle immobilization. This ordinance was introduced at the June 24, 2013 City Council meeting. For Action (A16) Ordinance 74-O-13 Amending the City Code to Establish a Three-Way Stop at Dewey Avenue and Washington Street The Alderman of the Ninth Ward recommends the adoption of proposed ordinance 74-O-13 by which the City Council would amend Section 10-11-5 (C), Schedule V (C) of the City Code to establish a Three-Way Stop at Dewey Avenue and Washington Street. Funding is provided by the Traffic Control Supplies Account 2670.65115, which has $40,000 budgeted for FY 2013. This ordinance was introduced at the June 24, 2013 City Council meeting. For Action 6 of 994 City Council Agenda July 8, 2013 Page 7 of 10 7/3/2013 6:05 PM PLANNING AND DEVELOPMENT (P1) Resolution 39-R-13 Designating the Portion of Poplar Avenue between Central Street and Harrison Street with the Honorary Street Name Sign, “Mary Lou Smith Way”. The Citizens’ Advisory Committee on Public Place Names recommends approval of Resolution 39-R-13. For Action (P2) Approval of a Sidewalk Café for Farmhouse Evanston Staff requests consideration of a first-time application for a sidewalk café (SWC) permit for Farmhouse Evanston a Type 1 Restaurant located at 703 Church St. For Action (P3) Approval of a Sidewalk Café for La Macchina Cafe Staff requests consideration of a first-time application for a sidewalk café (SWC) permit for La Macchina Cafe a Type 1 Restaurant located at 1620 Orrington Ave. For Action (P4) Approval of a Application for HOME Funds for a Tenant Based Rental Assistance Program by Connections for the Homeless The Housing and Homelessness Commission and staff recommend approval of a $500,000 HOME grant to Connections for the Homeless for a 36-month Tenant Based Rental Assistance program (TBRA) that will run from September 2013 to August 2016; expenditures are projected as follows: $30,000 in 2013, $250,000 in 2014, $190,000 in 2015 and $25,000 in 2016. TBRA was also recommended by the Mayor’s Task Force on Homelessness in 2012. For Action (P5) Ordinance 71-O-13 Granting a Special Use for a Wholesale Goods Establishment at 2310 Main Street The Zoning Board of Appeals, the Site Plan and Appearance Review Committee, and staff recommend the adoption of Ordinance 71-O-13 granting a special use permit for the establishment of a Wholesale Goods Establishment by Few Spirits, LLC at 2310 Main Street. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. This ordinance was introduced at the June 24, 2013 City Council meeting. For Action 7 of 994 City Council Agenda July 8, 2013 Page 8 of 10 7/3/2013 6:05 PM (P6) Ordinance 70-O-13 Granting a Special Use for a Type 2 Restaurant at 1907 Central Street The Zoning Board of Appeals, the Site Plan and Appearance Review Committee, and staff recommend the adoption of Ordinance 70-O-13 granting a special use permit the establishment of a Type 2 Restaurant, Leonidas Chocolate Café at 1907 Central Street. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this district. This ordinance was introduced at the June 24, 2013 City Council meeting. For Action (P7) Ordinance 72-O-13 Amending the Special Use Permit for a Type 2 Restaurant at 519 Main Street (Starbucks) Staff recommends the adoption of Ordinance 72-O-13 that deletes the condition of an adopted special use from 1992 (Section 3-C of Ordinance 121-O-01) requiring that the Starbucks at 519 Main Street hire off duty police officers to issue parking citations to customers who illegally park in the vicinity of Starbucks. The staff recommendation to release this condition is based on the experience during the past ten months when Starbucks was permitted by their request to not hire off duty officers on an experimental basis. There have not been reports of any problems during this period. No other Type II restaurant currently has such a condition imposed. This ordinance was introduced at the June 24, 2013 City Council meeting. For Action (P8) Ordinance 73-O-13 Granting a Special Use for a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 73-O-13 granting a special use permit for the operation of a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street. The applicant has complied with all zoning requirements and meets all of the Standards of a special use for this District. The Zoning Board of Appeals found this as well in its findings for a positive recommendation. This ordinance was introduced at the June 24, 2013 City Council meeting. For Action (P9) Ordinance 60-O-13, Granting a Special Use for a Bed & Breakfast Establishment at 1622 Forest Avenue Staff recommends consideration of Ordinance 60-O-13, granting a special use permit for the operation of a Bed and Breakfast Establishment at 1622 Forest Avenue. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. The Zoning Board of Appeals recommends denial of this request. The Evanston Preservation Commission recommends approval of the Special Use and has also approved the issuance of a Certificate of Appropriateness for the restoration of the principal house, the demolition of the existing coach house and construction of the new coach house. This ordinance was introduced at the June 10, 2013 City Council meeting, and held on June 24, 2013 for the July 8, 2013 meeting. For Action 8 of 994 City Council Agenda July 8, 2013 Page 9 of 10 7/3/2013 6:05 PM HUMAN SERVICES (H1) Approval of Township of Evanston June 2013 Bills Township of Evanston Supervisor recommends that City Council approve the Township of Evanston bills, payroll, and medical payments for the month of June 2013 in the amount of $137,826.04. For Action (H2) Ordinance 43-O-13, Lease and Construction Agreement for City-Owned Property at 927 Noyes Street with Piven Theater Workshop Staff recommends consideration of Ordinance 43-O-13, “Authorizing the City Manager to Negotiate and Execute a Lease and Construction Agreement with Piven Theater Workshop”. This ordinance was discussed at the June 3, 2013 Human Services Committee meeting and forwarded to City Council without recommendation. For Introduction (H3) Resolution 8-R-13, Amendment of 2011 Piven Theatre Workshop Lease Agreement Staff recommends that City Council consider Resolution 8-R-13 “Authorizing the City Manager to Enter into an Amendment of a Lease Agreement with Piven Theatre Workshop, Inc.”. This resolution was discussed at the June 3, 2013 Human Services Committee meeting and forwarded to City Council without recommendation. For Action ECONOMIC DEVELOPMENT (O1) Approval of Chicago's North Shore Convention and Visitors Bureau (CNSCVB) 2013 Request for Funding The Economic Development Committee and staff support a recommendation to City Council for approval of $65,564 in funding for a twelve month period, commencing July 1, 2013 through June 30, 2014, to Chicago’s North Shore Convention and Visitors Bureau (CNSCVB). Funding is provided by the Economic Development Fund’s Economic Development Partnership Account (Account 5300.62659). For Action 9 of 994 City Council Agenda July 8, 2013 Page 10 of 10 7/3/2013 6:05 PM (O2) Approval of the Chicago-Dempster Merchants Association’s Application for the Evanston Great Merchants Grant Program Staff and the Economic Development Committee recommend City Council approval of a Great Merchant Grant in the amount of $7,500 to the Chicago- Dempster Merchants Association for Fiscal Year 2013 projects. Funding is provided by the Economic Development Fund’s Business District Improvement Fund (Account 5300.65522). For Action (O3) Approval of the Howard Street Business Association’s Application for the Evanston Great Merchants Grant Program Staff and the Economic Development Committee recommend City Council approval of a Great Merchant Grant in the amount of $9,000 to the Howard Street Business Association (HSBA) for Fiscal Year 2013 projects. Funding is provided by the Economic Development Fund’s Business District Improvement Fund (Account 5300.65522). For Action APPOINTMENTS (APP1)For Appointment to: Chicago/Main TIF Advisory Committee Shaun Chinsky Chicago/Main TIF Advisory Committee Andrea Ford MEETINGS SCHEDULED THROUGH JULY 2013 Upcoming Aldermanic Committee Meetings Mon, July 15 7 pm City Council meeting Tues, July16 7:30 pm Housing & Community Dev Act Committee Wed, July 17 6 pm M/W/EBE Advisory Committee Mon, July 22 5:45 pm A&PW, P&D, City Council meetings Tues, July 23 6 pm Special City Council Meeting: Exec Session Wed, July 24 6 pm Transportation/Parking Committee Wed, July 24 7:30 pm Economic Development Committee Thurs, July 25 5:30 pm Emergency Telephone Board Friday, July 26 7 am Housing & Homelessness Commission Mon, July 29 6:30 pm Special Council meeting: Strategic Planning Order and agenda items are subject to change. 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. 10 of 994 For City Council meeting of July 8, 2013 Item SP1 Ordinance 76-O-13: Banning Assault Weapons in the City of Evanston For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 76-O-13, an Ordinance to Ban Assault Weapons in the City of Evanston Date: June 24, 2013 Recommended Action: Staff submits for consideration Ordinance 76-O-13. This ordinance was introduced at the June 24, 2013 City Council meeting. Funding Source: n/a Summary: Ordinance 76-O-13 amends Title 9, Chapter 8 of the Evanston City Code of 2012 to specifically ban the possession, transfer, sale or display of assault weapons in the City of Evanston. The ordinance provides the new definition of what an “assault weapon” is by listing certain features/equipment which make a firearm an “assault weapon”. The definitional language follows language found in the City of Chicago and Cook County assault weapons ban ordinances. The ordinance definition also comports with the language of House Bill 183, adopted by the General Assembly as amended, which provided that a municipality could define an assault weapon by utilizing “…a list of cosmetic features that cumulatively would place the firearm into a definition of assault weapon….”. The new Section 9-8-14 sets forth the parameters of the ban. Exceptions to the ban exist for law enforcement, military and organized state militia. Transportation of assault weapons in the City may only be done if they are first broken down, nonfunctioning, and not immediately accessible. Violators are subject to a misdemeanor fine and/or incarceration. Section 9-8-15 prescribes regulations for the confiscation and disposal of assault weapons by the Evanston Police Department. Based upon prior Council direction and the language contained within HB 183, the proposed effective date of this ordinance is June 25, 2013. Memorandum 11 of 994 Legislative History: On June 10, 2013, the City Council directed the Law Department to draft an ordinance to ban the possession or transport of assault weapons in the City of Evanston. House Bill 183 was adopted by the General Assembly on May 31, 2013. As of this writing, Governor Quinn has not signed the legislation into law. However, the bill set forth a strict 10 day limit for home rule municipalities to enact assault weapons ban legislation. This ordinance was drafted with this time limit in mind. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 76-O-13 International Association of Chiefs of Police Position Paper on Firearm Violence 12 of 994 7/02/2013 6/18/2013 6/13/2013 76-O-13 AN ORDINANCE Amending Title 9, Chapter 8 of the City Code to Ban Assault Weapons WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt ordinances and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970 states that, generally, “a home rule unit may exercise any power and perform any function pertaining to its government and affairs;” and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164); and WHEREAS, the Local Government Committee to the delegates of the Sixth Illinois Constitutional Convention found that, home-rule powers are most urgently needed by larger municipalities in the more highly urbanized areas of the state. Although the problems of urban society affect many small localities, they are felt most intensely in larger cities and villages. Dense concentrations of population and industry call for the creative use of flexible governmental powers to achieve and 13 of 994 76-O-13 ~2~ maintain order, social justice and a satisfactory quality of life. (7 Record of Proceedings, Sixth Illinois Constitutional Convention, 1628-29); and WHEREAS, the Supreme Court of Illinois held that, [t]he City of Evanston is a densely populated and highly urbanized municipality… In accordance with the goals attempted to be achieved by the creation of home rule, the local governing body can create an ordinance specifically suited for the unique needs of its residents and is keenly and uniquely aware of the needs of the community it serves… (City of Evanston v. Create, Inc., 85 Ill.2d 101, 113-15); and WHEREAS, pursuant to House Bill 183, as amended and passed on May 31, 2013, the Illinois General Assembly provided that home rule units of government could enact an ordinance regulating possession or ownership of assault weapons, within certain parameters; and WHEREAS, this amendatory ordinance is considered and adopted in accordance with the 10-day limit prescribed in House Bill 183, is adopted within the expedited time frame set forth in House Bill 183, and is therefore not subject to State preemption of the City’s home rule powers; and WHEREAS, the Village of Skokie, the City of Chicago, Cook County, and many nearby municipalities have adopted or are considering assault weapon ordinances which define assault weapons and ban possession and ownership of assault weapons as a result of House Bill 183; and WHEREAS, House Bill 183 did not define what an “assault weapon” is, however, this ordinance provides a list of cosmetic features that cumulatively place a firearm into the definition of an “assault weapon”; and WHEREAS, the International Association of Chiefs of Police recommends enactment of effective bans on military-style assault weapons in order to prevent criminals from “outgunning” law enforcement officers; and 14 of 994 76-O-13 ~3~ WHEREAS, the United States Supreme Court in District of Columbia v. Heller found that the right secured by the Second Amendment of the United States Constitution is not unlimited; and WHEREAS, assault weapons have certain characteristics that make these weapons more dangerous than ordinary weapons typically possessed by law-abiding citizens for lawful purposes, and that these combat-designed characteristics enhance lethality and make assault weapons conducive to criminal applications; and WHEREAS, an assault weapons ban furthers the City’s interest in crime prevention in the City’s densely populated environs, and prevents dangers to innocent people and law enforcement officers; and WHEREAS, this ordinance is reasonably tailored to provide people of ordinary intelligence a reasonable opportunity to understand what conduct it prohibits so that one may act accordingly; and WHEREAS, assault weapons are not among the “Arms” protected by the Second Amendment because they are both “dangerous and unusual,” District of Columbia v. Heller, 554 U.S. at 627, and because prohibiting them minimally burdens a prospective plaintiff; hence the ban is constitutional; and WHEREAS, in the second Heller case, Heller v. District of Columbia (“Heller II”), 670 F.3d 1244 (U.S. App DC 2011), the District Court of Appeals for the District of Columbia determined that the intermediate scrutiny standard applied to consideration of the constitutionality of an assault weapons ban; and 15 of 994 76-O-13 ~4~ WHEREAS, the Heller II Court held that an assault weapons ban does not prohibit the possession of “the quintessential self-defense weapon”, to wit, the handgun citing Heller I, 554 U.S. at 629; and WHEREAS, a ban on certain semi-automatic rifles does not prevent a person from keeping a suitable and commonly used weapon for protection in the home or for hunting, whether a handgun or a non-automatic long gun. Heller II, citing Gary Kleck and Marc Gertz, Armed Resistance to Crime: The Prevalence and Nature of Self- Defense with Gun, 86 J. Crim. L. & Criminology 150, 185 (1995); and WHEREAS, there is no published study which statistically indicates or demonstrates that assault weapons are well-suited to or preferred for the purpose of self-defense or sport, Id.; and WHEREAS, in fact, the United States Department of the Treasury in its Study on the Sporting Suitability of Modified Semi-automatic Assault Rifles 38 (1998) stated that semi-automatic assault rifles are not generally recognized as particularly suitable for or readily adaptable to sporting purposes; and WHEREAS, the modest burden of the assault weapons ban enacted in this ordinance, as an exercise of home rule authority expressly sanctioned by the Illinois General Assembly in House Bill 183, does not effectively disarm individuals or substantially affect their ability to defend themselves, and thus it is lawful under the intermediate scrutiny standard, Heller II supra; and WHEREAS, it is difficult to draw meaningful distinctions between the AR- 15 (the “civilian” version of the military’s M-16 rifle), which would be an “assault weapon” 16 of 994 76-O-13 ~5~ as defined in this ordinance, and the M-16, Heller II, citing Staples v. United States, 511 U.S. 600, 603 (1994); and WHEREAS, in Wilson v. The County of Cook, 2012 IL 112026, the Illinois Supreme Court held that certain enumerated characteristics such as “barrel shroud” or “protruding grip” were appropriate features that could define what an “assault weapon” was; and WHEREAS, in accordance with the holdings in the Heller II and Wilson cases, this ordinance provides standards and a reasoned basis to determine what is defined as an assault weapon and is therefore banned in the City of Evanston, and WHEREAS, on June 10, June 24, and July 8, 2013, the City Council held meetings in compliance with the provisions of the Illinois Open Meetings Act, considered the, statements, points and authorities made in the legislative Record, and received additional input from the public, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Title 9, Chapter 8 of the Evanston City Code of 2012, as amended, is hereby further amended and revised, to read as follows: 9-8-1: DEFINITIONS: “Assault weapon” means: (A) A semiautomatic rifle that has the capacity to accept a detachable magazine and has one or more of the following: (1) A handgun grip without a stock attached; (2) Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand; 17 of 994 76-O-13 ~6~ (3) A folding, telescoping or thumbhole stock; (4) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel; or (5) A muzzle brake or muzzle compensator; or a flash suppressor or grenade launcher. (B) A semiautomatic handgun that has the capacity to accept a detachable magazine and has one or more of the following: (1) Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand; (2) A folding, telescoping or thumbhole stock; (3) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel; or (4) The capacity to accept a detachable magazine at some location outside of the pistol grip. A semiautomatic shotgun that has one or more of the following: (1) Only a pistol grip without a stock attached; (2) Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand; (3) A folding, telescoping or thumbhole stock; or (4) An ability to accept a detachable magazine. (D) Any shotgun with a revolving cylinder. "Assault weapon" does not include any firearm that has been made permanently inoperable, or satisfies the definition of "antique firearm”, as defined in this Section 9-8-1. “Detachable magazine” means any ammunition feeding device, the function of which is to deliver one or more ammunition cartridges into the firing chamber, which can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge. “Muzzle brake” means a device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil. “Muzzle compensator” means a device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement. SECTION 3: Title 9, Chapter 8 of the Evanston City Code of 2012, as amended, is hereby further amended and revised, to read as follows: 18 of 994 76-O-13 ~7~ 9-8-14: ASSAULT WEAPONS; SALE AND POSSESSION PROHIBITED; EXCEPTIONS (A) No person, in the City of Evanston, shall sell, offer or display for sale, give, lend, transfer ownership of, possess or carry any assault weapon. This subsection shall not apply to: (1) The sale or transfer to, or possession by any peace officer, corrections officer, members of the armed forces of the United States; or the organized militia of this or any other state; to the extent that any such person is otherwise authorized to acquire or possess an assault weapon, and is acting within the scope of his/her duties; (2) Transportation of assault weapons if such weapons are broken down and in a nonfunctioning state and are not immediately accessible to any person. (B) Any person violating this Section shall be guilty of a misdemeanor and shall be fined not less than one thousand five hundred dollars ($1,500.00) and/or incarcerated for up to six (6) months for each offense. 9-8-15: CONFISCATION AND DISPOSITION OF ASSAULT WEAPONS (A) Any assault weapon possessed, sold or transferred in violation of Section 9-8-14 is hereby declared to be contraband and shall be seized and disposed of. Whenever any assault weapon is surrendered or confiscated pursuant to this Section, the Evanston Police Department shall determine whether such assault weapon is needed as evidence or warrants further investigation and if the same is not needed as evidence, it shall be destroyed. (B) A record of the date and method of destruction the assault weapon so destroyed shall be maintained. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: This ordinance shall be in full force and effect simultaneous with the enactment of House Bill 183 into law for the State of Illinois. SECTION 6: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 19 of 994 76-O-13 ~8~ SECTION 7: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance is severable. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 20 of 994 International Association of Chiefs of Police Position Paper on Firearm Violence The International Association of Chiefs of Police (IACP), an organization of law enforcement executives from around the globe, has long held positions intended to reduce and prevent firearms violence. As police chiefs, it is our duty to protect and serve our communities and display the leadership needed to ensure public safety. The persistent and pernicious problem of gun violence impacts communities across the United States on a daily basis. Ranging from random shootings and suicides to retaliatory assaults and targeted mass killings, violence committed with firearms universally challenges law enforcement and taxes resources. This insidious problem requires law enforcement to lead a new, coordinated, and dedicated response involving citizens, elected leaders, lawmakers, and the entire criminal justice system In the years since the terrorist attacks of 2001, over 300,000 American lives have been lost to gun violence. We are clearly facing a crisis. In response, the IACP has long advocated for the adoption of common sense policies that will assist in reducing gun violence. These proposals are drawn from the policy positions adopted by the 21,000 members of the IACP over the past several years. Armor Piercing Ammunition The IACP supports legislation and policies that will prohibit the sale or transfer of armor piercing ammunition. In addition, the IACP believes that the process utilized to determine whether a round of ammunition is armor piercing should include performance based testing conducted by the Bureau of Alcohol, Tobacco and Firearms. Assault Weapons Ban First passed in 1994, the assault weapons ban required domestic gun manufacturers to stop production of semiautomatic assault weapons and ammunition magazines holding more than ten rounds except for military or police use. While the ban was in place, it was remarkably effective in 21 of 994 2 | Page reducing the number of crimes involving assault weapons. In the period of the ban, (1994-2004) the proportion of assault weapons traced to crimes fell by a dramatic 66 percent. Assault weapons are routinely the weapons of choice for gang members and drug dealers. They are regularly encountered in drug busts and are all too often used against police officers.. The IACP has been a strong supporter of the assault weapons ban since 1992, and our membership has approved several reauthorizations of support in the years since. The membership took this action because we, as law enforcement executives, understand that semiautomatic assault weapons pose a grave risk to our officers and the communities they are sworn to protect. Body Armor The IACP supports legislation to prohibit the mail order sale of bulletproof vests and body armor to all individuals except sworn or certified law enforcement officers. In recent years, the safety of law enforcement officers has often been compromised due to the possession of body armor and bulletproof vests by the criminals they were attempting to apprehend. The IACP believes that the sale, transfer, or acquisition of these items should be conducted in person in order to make it more difficult for criminals to acquire and use these items while committing crimes of violence. Concealed Weapons The IACP continues to oppose any federal legislative proposals that would either pre-empt and/or mandate the liberalization of individual states’ CCW laws pertaining to the carrying of concealed weapons in other states without meeting that state’s requirements. This applies to private citizens as well as active, former, and/or federal, tribal, state and local law enforcement personnel. IACP believes it is essential that state governments maintain the ability to legislate concealed carry laws that best fit the needs of their communities. Firearms Enforcement The IACP urges Congress to increase resources to better allow state, local and tribal law enforcement agencies and the Department of Justice to enable greater prosecution of individuals for Brady Act violations. In addition, the IACP supports firearms enforcement programs that involve local, state and federal agencies, such as Project Safe Neighborhoods and Project Exile, which have shown significant reductions in firearms-related violent crime. 22 of 994 3 | Page Firearms Offender Registry The reduction of firearms-related violent crime has been and continues to be a major goal of IACP. Studies have shown that firearm offenders have a higher recidivist rate for committing other firearms-related violent crime with firearms than the rate for sexual offenders. Therefore, the IACP supports creating a federal registry, similar to the sexual offender registry, for offenders who have been previously convicted of a felony firearm violation or a misdemeanor that involved violent or threatening acts with firearms. At little cost, this registry would have great benefit toward preventing and investigating a myriad of violent crimes, as well as establishing a computerized list of dangerous offenders that could be utilized as a notification system to alert officers of potential danger. Firearm Purchase Waiting Period The IACP has gone on record supporting a waiting period for the purchase of a handgun. In the past, waiting periods have not only served as time for a thorough background investigation, but also as an informal cooling off period for handgun purchasers. However, the time needed to perform most background checks has become obsolete due to transition to the National Instant Check Background System (NICS). Nevertheless, the IACP believes there must still be a cooling off period in place before an individual can purchase a handgun. Therefore, the IACP supports legislation to create a mandatory five-day waiting period prior to the completion of a handgun purchase. Gun Show Loophole The federal Gun Control Act of 1968 stipulates that individuals “engaged in the business” of selling firearms must possess a Federal Firearms License (FFL). Holders of FFLs are required to conduct background checks and maintain a record of all their firearm sales. Certain gun sales and transfers between private individuals, however, are exempt from this requirement. Those who would fail a background check can access firearms through these sources. Unlike an FFL, the seller is not required to conduct a background check to determine whether the purchaser is prohibited from purchasing and possessing a gun. Federal, state, local and tribal laws should be enacted to close these loopholes. If all gun sales proceed through an FFL, a single, consistent system for conducting gun sales, including background checks, will be established. The laws we have in place to ensure gun purchasers go through FFLs are undermined by oversights in the law that allow individuals prohibited from owning firearms to obtain weapons at events such as gun shows without undergoing a background check. The IACP calls on Congress to act swiftly to close these loopholes and preserve the effectiveness of the laws in place. 23 of 994 4 | Page Illegal Firearms Trafficking/Firearms Tracing The IACP opposes any legislation that would limit or reduce the ability of our nation’s law enforcement agencies to combat the sale of illegal guns. The IACP believes that the ability to trace illegal firearms effectively plays a critical role in law enforcement’s ability to protect communities from the scourge of firearms violence. The IACP is opposed to the “Tiahrt Amendment” restricts the ATF’s ability to share vital gun trace information with its state and local counterparts, which severely limits the ability of those agencies to conduct critical investigations designed to identify and apprehend corrupt firearms dealers and the traffickers they supply. The IACP strongly believes that these provisions, and others like them, put our citizens and our officers at risk. Therefore, the IACP strongly supports efforts to repeal the Tiahrt amendment and any piece of legislation containing provisions that would weaken law enforcement’s ability to trace illegal firearms. Juvenile Crime Firearms Disability The IACP believes that juveniles must be held accountable for their acts of violence. Therefore, the IACP supports the passage of legislation, sometimes referred to as Juvenile Brady, which would permanently prohibit gun ownership by an individual, if that individual, while a juvenile, commits a crime that would have triggered a gun disability if their crime had been committed as an adult. 24 of 994 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, June 10, 2013 Roll Call: Alderman Braithwaite Alderman Grover Alderman Wynne Alderman Rainey Alderman Wilson Alderman Burrus Alderman Holmes Alderman Fiske Alderman Tendam Presiding: Mayor Elizabeth Tisdahl Mayor Tisdahl called the Regular Meeting of the City Council to order at 8:59 pm after a Roll Call provided a quorum. Mayor Public Announcements and Proclamations Mayor Tisdahl had no announcements or proclamations. City Manager Public Announcements City Manager Bobkiewicz had no announcements. Communications: City Clerk Clerk Greene had no communications. Citizen Comment: Speaking on item SB183 Concealed Gun. Jerry Specht, 9342 Lincolnwood Drive requested that Governor Quinn veto HB 183 concerning concealed guns which has defects concerning gun regulations. He suggested that Evanston should proactively create an ordinance prohibiting the ownership of assault weapons except for Police and law enforcement officials. Jacquie Axe, 3030 Isabella St. is representing the Peace and Justice Committee of St. Luke’s Parish who are working to prevent gun violence and they are opposed to the bill waiting for Governor Quinn’s signature, she also gave the clerk a document prepared for as model for the City Council to consider in preparing an ordinance preventing assault weapons in Evanston. Marjorie Fujara, 343 Dewey is representing Moms Demand Action on Guns in America came to voice her opposition to house bill 183. She demanded that the Council formulate an ordinance to ban assault weapons in Evanston. 25 of 994 City Council Agenda June 10, 2013 Page 2 of 11 2 Eileen Heineman, 1215 Church St (YWCA) she too spoke against the concealed gun bill. She encourages the Council to give clear direction and information of the signs that will be needed to place on buildings of businesses and residential homes forbidding concealed guns on their premises. Non-Agenda speakers: Howard Handler, 450 Skokie Blvd, Northbrook, spoke on the ordinance dealing with the rental ordinance and commended the committee on their efforts to include everyone fairly. Junad Rizki, 2234 Sheidan was very distressed with Wally bringing forward items that do not make any sense, especially the selling of zoning. He finally questioned the faulty water meters that have not been addressed as of yet. Tiffany Rice, 1729 Chancellar came to dissimulate information concerning the “1st Annual Dae Dae World Weekend” to commemorate the life of Dajae Coleman. The event will take place this Saturday, June 15, 2013 1 pm at the Mason Park. She also informed the Council and audience the fund raiser events that will be announced all summer. Jeanne Lindwall, 625 Library Place came to speak of the Evanston Arts Center. She encourages the Council to have a conversation with the community before they continue to proceed with their deal with a prospective client for the building. SPECIAL ORDER OF BUSINESS (SP1)Update on Status of State Gun Legislation, #B 183 At the request of Mayor Tisdahl, Corporation Counsel Farrar will provide an update on the status of Illinois House bill 183, as amended, and 7 th Circuit Order entered June 5, 2013. The Council gave instructions to the law department to pursue the formation of an attack weapons ordinance. Items not approved on Consent Agenda: (A3.5)Approval of Contract Award to Construction Consulting & Disbursement Services, Inc. for the 2013 Ecology Center Greenhouse Addition Project, (Bid 13-16) Staff recommends that the City Council authorize the City Manager to execute a contract for the base bid for the 2013 Ecology Center Greenhouse Addition Project with Construction Consulting & Disbursement Services, Inc. (900 Skokie Boulevard, Suite 100, Northbrook, IL) in the amount of $175,000. Funding is provided by FY2013 Capital Improvement Program (CIP) (Account No. 415688) in the amount of $115,000 and the FY2013 CIP Amendment of $71,988 for a total allocation of $186,988. This agenda item was held at the May 28, 2013 Administration & Public Works Committee meeting. For Action (A4)Resolution 36-R-13, Amendment of Grandmother Park Agreement Staff recommends adoption of Resolution 36-R-13 authorizing the City Manager to 26 of 994 City Council Agenda June 10, 2013 Page 3 of 11 3 amend the agreement with the Grandmother Park Initiative and CorLands to allow for the construction of the new Park at 1125 Dewey through the use of local vendors in a no-bid process. Grandmother Park Initiative (GPI) has raised the required revenue needed to complete. A total of $256,971 has been raised for this project including: $50,000 from the Economic Development Fund per the 2010 resolution ; $12,000 from CDBG funds as approved by the Housing and Community Development Act Committee; and $194,971 from GPI fund raising efforts. For Action (A9)Ordinance 63-O-13, Increasing the Number of Class B Liquor Licenses, Dow Escondido, LLC, d/b/a Hilton Orrington Staff recommends adoption of Ordinance 63-O-13, which amends Evanston City Code Section 3-4-6-(B), to increase the number of authorized Class B liquor licenses to eighteen (18), to permit issuance to Dow Escondido, LLC, d/b/a Hilton Orrington (1710 Orrington Ave). For Introduction (P7)Ordinance 60-O-13, Granting a Special Use for a Bed & Breakfast Establishment at 1622 Forest Avenue Staff recommends adoption of Ordinance 60-O-13, granting a special use permit for the operation of a Bed and Breakfast Establishment at 1622 Forest Avenue. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. The Zoning Board of Appeals recommends denial of this request. The Evanston Preservation Commission recommends approval of the Special Use and has also approved the issuance of a Certificate of Appropriateness for the restoration of the principal house, the demolition of the existing coach house and construction of the new coach house. For Introduction (A8)Ordinance 62-O-13, Reducing the Number of Class B Liquor Licenses After Management Change at The Orrington Hotel Staff recommends adoption of Ordinance 62-O-13, which amends Evanston City Code Section 3-4-6-(B), to decrease the number of authorized Class B liquor licenses to seventeen (17), because of a management change at The Orrington Hotel (1710 Orrington Ave). For Introduction (P8)Ordinance 47-O-13, Amending the Zoning Ordinance to Allow Commercial Indoor Recreation as a Special Use in the I2 District Staff recommends adoption of Ordinance 47-O-13, as amended and introduced by City Council on April 22, 2013. The ordinance as amended retains the term “Commercial” in the zoning use and definition for “Commercial Indoor Recreation,” as currently defined in Section 6-18-3 of the Zoning Ordinance. At the May 13, 2013 City Council meeting this agenda item was held for the May 20, 2013 meeting. On May 20, 2013 this ordinance was continued to the May 28, 2013 meeting. This ordinance was held again for the June 10, 2013 City Council meeting. For Action 27 of 994 City Council Agenda June 10, 2013 Page 4 of 11 4 (P9)Ordinance 50-O-13, Enacting a New Title 5, Chapter 9 of the City Code to Require the Licensing of Vacation Rentals Staff recommends adoption of Ordinance 50-O-13, as amended, which would enact a new Chapter 9 of City Code Title 5, “Housing Regulations.” The new Chapter 9 would require all vacation rental operators to obtain licenses from the City Council after recommendation from the P&D Committee. The P&D Committee introduced Ordinance 50-O-13 on May 13, 2013 and City Council returned it to committee for additional deliberation. For Action CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council meeting May 13, 2013 (M2) Approval of Minutes of the Regular City Council meeting May 20, 2013 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through 5/19/13 $2,658,927.09 (A2) City of Evanston Bills FY2013 6/11/13 $2,735,378.71 Credit Card Activity for period ending April 30, 2013 $126,522.47 (A3.1)Approval of Contract with Alpha Paintworks, Inc. for Fire Hydrant Painting (Bid 12-127) Staff recommends that the City Council authorize the City Manager to execute the one- year contract extension for the Fire Hydrant Painting contract to Alpha Paintworks, Inc. (6316 N. Cicero Avenue, Chicago, IL) in the amount of $27,625. Funding is provided by the Water Fund (Account No. 7115.62230). For Action (A3.2)Approval of Contract with Schroeder & Schroeder, Inc. for the 2013 50/50 Sidewalk Replacement Project (Bid 13-41) Staff recommends that the City Council authorize the City Manager to execute a contract for the 2013 50/50 Sidewalk Replacement Project with Schroeder & Schroeder Inc. (7306 Central Park Avenue, Skokie, IL 60076) in the amount of $157,206. The City share of project costs is provided by the Capital Improvement Program (Account No. 415864), in the amount of $100,000, with $57,206 provided by private funds. For Action (A3.3)Approval of Contract with R.N.O.W. Inc. for the Purchase of a Recycle Truck (Bid 13-38) Staff recommends that the City Council approve the purchase of one (1) 20-yard recycle truck to R.N.O.W. Inc. (8636R W. National Avenue, West Allis Wisconsin 53327) in the amount of $233,319. Funding is provided by the Equipment Replacement Fund (Account No. 7780.65550), with a total budget allocation of $2,036,733 in FY2013. For Action 28 of 994 City Council Agenda June 10, 2013 Page 5 of 11 5 (A3.4)Approval of Single Source Contract Award Recommendation to the Larson Equipment and Furniture Company for the Noyes Theater Seating Replacement Project Staff recommends that the City Council authorize the City Manager to execute a contract for the Noyes Theater Seating Replacement Project with the Larson Equipment and Furniture Company (403 South Vermont, Palatine, Illinois 60067) in the amount of $46,609. Funding is provided by the FY 2013 CIP (Account No. 415668), with a total budget allocation of $160,000. For Action (A5 )Resolution 37-R-13, Relating to Prevailing Wages for Public Works Projects Staff recommends adoption of Resolution 37-R-13, in order to comply with the provisions of the Illinois Prevailing Wage Act, 820 ILCS 130/0.01, et seq. (the “Act”). The Act requires that public entities establish prevailing wages in June of every year for certain laborers, workers, and mechanics. The Act also requires that contractors and subcontractors pay workers covered under the Act, who are employed on public works construction projects, a wage no less than the general prevailing rate of wages in the county where the work is performed. For Action (A6)Ordinance 52-O-13, Amending the City Code to Establish a Three-Way Stop at Lake Shore Blvd and Hamilton Street The Alderman of the Third Ward recommends the adoption of the proposed Ordinance 52-O-13 by which the City Council would amend Section 10-11-5 (C), Schedule V (C) of the City Code to establish a Three-Way Stop at Lake Shore Boulevard and Hamilton Street. Funding is provided by the General Fund budget Account No. 2670.65115, Traffic Control Supplies, which has $40,000 budgeted for FY 2013. For Introduction (A7)Ordinance 55-O-13, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Staff recommends adoption of Ordinance 55-O-13 authorizing the City to borrow funds from the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program for the construction of the Large Diameter Sewer Rehabilitation on Central Park Avenue and Main Street / Sheridan Road. This ordinance authorizes the City to borrow up to $1,894,000. The debt service will be paid from the Sewer Fund. For Introduction PLANNING AND DEVELOPMENT (P1)Approval of Sidewalk Café for Carmen’s Staff recommends approval of a first-time application for a sidewalk café permit for Carmen’s of Evanston, a Type #1 Restaurant (1241 Chicago Ave). For Action 29 of 994 City Council Agenda June 10, 2013 Page 6 of 11 6 (P2)Approval of Sidewalk Café for Forever Yogurt Staff recommends approval of a first-time application for a sidewalk café permit for Forever Yogurt, a Type #2 Restaurant (1739 Sherman Ave). For Action (P3)Approval of Sidewalk Café for Starbucks Staff recommends approval of a first-time application for a sidewalk café permit for Starbucks Coffee, a Type #2 Restaurant (1734 Sherman Ave). For Action (P4)Approval of One Year Extension of Approved Planned Development for 1915 1919 Grey Avenue Staff recommends approval a one year extension of the adopted Planned Development for the construction of a four unit building by Brinshore Development at 1915-1919 Grey Avenue. The Planned Development was adopted on June 12, 2011 and was previously extended for a one year period expiring on June 13, 2013. The applicant now requests an additional one year extension until June 13, 2014 to secure additional financing for the four unit development. Brinshore is seeking to leverage additional financing from non-City sources for the development. For Action (P5)Approval of Request for a Two Year Time Extension for the Planned Development Approved for 318-20 Dempster Street Staff recommends approval of the two year time extension request by the owner of 318- 20 Dempster for the planned development approved in 2008. The project and planned development are consistent with the goals of the Comprehensive Plan and the Historic Preservation Ordinance, each having special emphasis on adaptive reuse. For Action (P6)Ordinance 59-O-13, Granting a Special Use for a Type 2 Restaurant at 749 Chicago Avenue Staff recommends adoption of Ordinance 59-O-13, granting a special use permit for a Type 2 Restaurant (749 Chicago Avenue) called Dollop Coffee Co. & Hoosier Mama Pie Co. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. The Zoning Board of Appeals also recommends adoption of Ordinance 59-O-13 with conditions related to litter control, hours of operation and employee parking. For Introduction (P10)Ordinance 36-O-13, Amending the Zoning Ordinance to Rezone 1715 Church Street, 1703 Darrow Avenue and 1711 Darrow Avenue from I2 to MXE The Plan Commission and City staff recommend approval of Ordinance 36-O-13, a map amendment to rezone the property commonly known as 1715 Church Street & 1703 Darrow Avenue (PIN 10-13-221-019) and 1711 Darrow Avenue (PIN 10-13-221-018) from the I2 General Industrial District to the MXE Mixed Use Employment District. This ordinance was introduced at the May 28, 2013 City Council meeting. For Action 30 of 994 City Council Agenda June 10, 2013 Page 7 of 11 7 (P11)Ordinance 37-O-13, Amending the Zoning Ordinance to Rezone 2153, 2143 & 2145 Ashland Avenue, 1515 & 1523 Payne Street, and 2150 & 2156 Green Bay Road from C2 to MXE The Plan Commission and City staff recommend approval of Ordinance 37-O-13, a map amendment to rezone the properties commonly known as 2153 Ashland Avenue (PIN 10-12-416-006); 2143 & 2145 Ashland Avenue (PIN 10-12-416-008); 1523 Payne Street (PIN 10-12-416-009); 1515 Payne Street (PIN 10-12-416-010); 2150 Green Bay Road, (PIN 10-12-416-016 & 10-12-416-017); and 2156 Green Bay Road (PIN 10-12-416-011, 10-12-416-012, 10-12-416-018, 10-12-416-015) from the C2 Commercial District to the MXE Mixed Use Employment District. This ordinance was introduced at the May 28, 2013 City Council meeting. For Action (P12)Ordinance 53-O-13, Granting a Special Use for a Resale Establishment at 1104 Davis Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 53- O-13 granting a special use permit for a Resale Establishment for office furniture at 1104 Davis Street called Not Fade Away. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. This ordinance was introduced at the May 28, 2013 City Council meeting. For Action HUMAN SERVICES (H1)Approval of Township of Evanston Bills for May 2013 Township of Evanston Supervisor recommends the City Council to approve the Township of Evanston bills, payroll, and medical payments for the month of May 2013 in the amount of $198,910.52 For Action ECONOMIC DEVELOPMENT COMMITTEE Note: Staff has received five applications for a total $45,024 in requested grant funding through the Great Merchant Grants Program. Two additional business associations are expected to submit applications to be reviewed next month. The approved 2013 Fiscal Year Budget allocates $147,000 to business district improvements, of which $72,000 is for the Great Merchant Grants program. A brief cover memo is attached, which summarizes the program as a reference for the following agenda items O1 – O5. (O1)Approval of a Great Merchants Grant to the Central Street Business Association (CSBA) The Economic Development Committee and staff recommend approval of a Great Merchants Grant of $9,000.00 to the Central Street Business Association (CSBA). This 31 of 994 City Council Agenda June 10, 2013 Page 8 of 11 8 recommendation is contingent upon the CSBA providing Staff the required additional estimates for approved work. For Action (O2)Approval of a Great Merchants Grant to the Chicago-Dempster Merchants Association The Economic Development Committee and staff recommend approval of a Great Merchant Grant of $1,500.00 to the Chicago-Dempster Merchants Association (CDMA). This recommendation is contingent upon the CDMA providing Staff the required additional estimates for approved work. For Action (O3)Approval of a Great Merchants Grant to Dr. Hill Business Association The Economic Development Committee and staff recommend approval of a Great Merchants Grant of $9,000.00 to the Dr. Hill Business Association. For Action (O4)Approval of a Great Merchants Grant to Main Street Merchants Association The Economic Development Committee and staff recommend approval of a Great Merchant Grant of $9,000.00 to the Main Street Merchants Association. For Action (O5)Approval of a Great Merchants Grant to Evanston West End Business Association The Economic Development Committee and staff recommend approval of a Great Merchant Grant of $8,685 to the Evanston West End Business Association. For Action TRANSPORTATION AND PARKING COMMITTEE (O6)Ordinance 51-O-13, Amending Title 10, Chapter 8, Section 3, Relating to Wheel Tax for Disabled Veterans and Active Military The Transportation/Parking Committee recommends approval of 51-O-13, amending Title 10, Motor Vehicles and Traffic, Chapter 8, Section 3: Schedule of License Fees of the Evanston City Code. This Ordinance amends (B) Disabled Veterans by deleting the requirement to have a vehicle awarded in order to be qualified for a discounted rate, and to add (E) Active Duty Military Personnel: Any active duty service member and who makes application for a wheel tax license for one motor vehicle owned by the member shall not be required to pay the usual fee for such wheel tax license. For Action 32 of 994 City Council Agenda June 10, 2013 Page 9 of 11 9 RULES COMMITTEE (O7)Approval of Request for Funding for First Night Evanston The Rules Committee and staff recommend that the City Council authorize a grant of $10,000 for the 2013 First Night Evanston as part of the City’s celebration of the 150 th anniversary of its incorporation. Funding is provided by an allocation made in the FY 2013 City budget to support celebrations associated with the 150th anniversary celebration. For Action (O8)Approval of Closure of City Offices – Friday July 5, 2013 The Rules Committee and staff recommend that the City Council authorize the City Manager to close city offices on Friday July 5, 2013 in recognition of the 150th anniversary of the City’s incorporation and provide one floating holiday to employees who must work that day. For Action Alderman Rainey motioned for approval of the Consent Agenda and it was seconded . With A Roll Call vote of 9-0 the Consent Agenda was approved. Items for discussion: (A3.5)Approval of Contract Award to Construction Consulting & Disbursement Services, Inc. for the 2013 Ecology Center Greenhouse Addition Project, (Bid 13-16) Staff recommends that the City Council authorize the City Manager to execute a contract for the base bid for the 2013 Ecology Center Greenhouse Addition Project with Construction Consulting & Disbursement Services, Inc. (900 Skokie Boulevard, Suite 100, Northbrook, IL) in the amount of $175,000. Funding is provided by FY2013 Capital Improvement Program (CIP) (Account No. 415688) in the amount of $115,000 and the FY2013 CIP Amendment of $71,988 for a total allocation of $186,988. This agenda item was held at the May 28, 2013 Administration & Public Works Committee meeting. For Action Alderman Rainey stated this item was held in committee. (A4)Resolution 36-R-13, Amendment of Grandmother Park Agreement Staff recommends adoption of Resolution 36-R-13 authorizing the City Manager to amend the agreement with the Grandmother Park Initiative and CorLands to allow for the construction of the new Park at 1125 Dewey through the use of local vendors in a no-bid process. Grandmother Park Initiative (GPI) has raised the required revenue needed to complete. A total of $256,971 has been raised for this project including: $50,000 from the Economic Development Fund per the 2010 resolution ; $12,000 from CDBG funds as approved by the Housing and Community Development Act Committee; and $194,971 from GPI fund raising efforts. For Action Alderman Rainey stated this item was held in committee until the next meeting. 33 of 994 City Council Agenda June 10, 2013 Page 10 of 11 10 (A8)Ordinance 62-O-13, Reducing the Number of Class B Liquor Licenses After Management Change at The Orrington Hotel Staff recommends adoption of Ordinance 62-O-13, which amends Evanston City Code Section 3-4-6-(B), to decrease the number of authorized Class B liquor licenses to seventeen (17), because of a management change at The Orrington Hotel (1710 Orrington Ave). For Introduction Alderman Rainey motioned for suspension of the rules during the Consent Agenda reading. The Ordinance was moved and seconded for action and the Roll Call vote was 9-0. (A9)Ordinance 63-O-13, Increasing the Number of Class B Liquor Licenses, Dow Escondido, LLC, d/b/a Hilton Orrington Staff recommends adoption of Ordinance 63-O-13, which amends Evanston City Code Section 3-4-6-(B), to increase the number of authorized Class B liquor licenses to eighteen (18), to permit issuance to Dow Escondido, LLC, d/b/a Hilton Orrington (1710 Orrington Ave). For Introduction Alderman Rainey motioned for suspension of the rules during the Consent Agenda reading. The Ordinance was moved and seconded for action and the Roll Call vote was 9-0. (P7)Ordinance 60-O-13, Granting a Special Use for a Bed & Breakfast Establishment at 1622 Forest Avenue Staff recommends adoption of Ordinance 60-O-13, granting a special use permit for the operation of a Bed and Breakfast Establishment at 1622 Forest Avenue. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. The Zoning Board of Appeals recommends denial of this request. The Evanston Preservation Commission recommends approval of the Special Use and has also approved the issuance of a Certificate of Appropriateness for the restoration of the principal house, the demolition of the existing coach house and construction of the new coach house. For Introduction Alderman Wynne motioned for introduction and it was seconded, and with a Roll Call vote of 7-2 it was approved (Aldermen Wynne and Fiske voted nay). (P8)Ordinance 47-O-13, Amending the Zoning Ordinance to Allow Commercial Indoor Recreation as a Special Use in the I2 District Staff recommends adoption of Ordinance 47-O-13, as amended and introduced by City Council on April 22, 2013. The ordinance as amended retains the term “Commercial” in the zoning use and definition for “Commercial Indoor Recreation,” as currently defined in Section 6-18-3 of the Zoning Ordinance. At the May 13, 2013 City Council meeting this agenda item was held for the May 20, 2013 meeting. On May 20, 2013 this ordinance was continued to the May 28, 2013 meeting. This ordinance was held again for the June 10, 2013 City Council meeting. For Action Alderman Wynne motioned for approval with amendments and it was seconded and 34 of 994 City Council Agenda June 10, 2013 Page 11 of 11 11 passed with a 9-0 Roll Call vote. (P9)Ordinance 50-O-13, Enacting a New Title 5, Chapter 9 of the City Code to Require the Licensing of Vacation Rentals Staff recommends adoption of Ordinance 50-O-13, as amended, which would enact a new Chapter 9 of City Code Title 5, “Housing Regulations.” The new Chapter 9 would require all vacation rental operators to obtain licenses from the City Council after recommendation from the P&D Committee. The P&D Committee introduced Ordinance 50-O-13 on May 13, 2013 and City Council returned it to committee for additional deliberation. For Action Alderman Wynne motioned for approval with amendments and it was seconded and passed with a 7-2 Roll Call vote. Then with a motion to approve the original a Roll Call vote was 5-4 and the motion passed. Aldermen Wilson, Holmes, Tendam, and Burrus voted nay. Call of the Wards: Ward 2, Alderman Braithwaite had no report. Ward 3, Alderman Wynne had no report. Ward 4, Alderman Wilson had no report. Ward 5, Alderman Holmes had no report. Ward 6, Tendam had no report. Ward 7, Alderman Grover announced the Northwestern Associated Student Government passed a resolution calling for meaningful regulation of unmanned aerial assistance which goes along with the City’s goal. Ward 8 Alderman Rainey had no report. Ward 9, Alderman Burrus announced on June 25th the Original Park District will begin a five week basketball league for ages 11-14. The Ridgeville Farmers Market is on Wednesday 3:30 – 7:00 pm, the 9th ward meeting will be on July 10th at the Levy Center. Ward 1, Alderman Fiske read a letter from a first ward resident to Dr. Shappiro complaining about various issues from Northwestern Students, and it also stated selling their home and moving out of Evanston, as well as resigning from a position of an Adjunct Professor. When asked for the letter Alderman Fiske refused to give it to the Clerk sense it was now public record due to her reading it during Council Session. She gave the reason of her refusal as to promising the resident that she would not give it to anyone, and that she only read excerpts and not the entire letter. Alderman Wilson motioned to convene into Executive Session to discuss Personnel and Litigation the Regular Meeting of the City Council ended at 10:10 pm. Submitted by, Hon. Rodney Greene, CMC/City Clerk 35 of 994 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, June 17, 2013 Roll Call: Alderman Wynne Alderman Rainey Alderman Wilson Alderman Burrus Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Alderman Grover Presiding: Mayor Elizabeth Tisdahl The Mayor called the Regular Meeting of the City Council to order at 7:10 pm after a Roll Call demonstrated a quorum was met. Mayor Public Announcements and Proclamations Mayor Tisdahl announced the “Recognition of Leapfrog Online’s 2013 CityLIGHTS Trailblazer Award from the Illinois Technology Association. Leapfrog was among 5 finalists for this award and is one of the largest digital marketing companies in the United States. She presented the certificate of excellence to Scott Epscam and Randy Wake. The Mayor also congratulated the League of Women Voters for the 100 year celebration of Women’s voting, and Tiffany Hill for the Dae Dae memorial event over the weekend. City Manager Public Announcements Certificate of Achievement for Excellence in Financial Reporting for the 2011 Comprehensive Annual Financial Report (CAFR) was presented to the Mayor by Mr. Marty Lyons, Assistant City Manager who stated Evanston has won this prestigious award for the 30th year in a row. City Manager Bobkiewicz introduced Mr. Jonathan Williams-Kinsel, one of two ICMA Local government interns for one year. Communications: City Clerk City Clerk stated he had no report, but he just wanted to welcome the new staffer Mr. Kinsel, a graduate of Bowie State University Bulldog alum. 36 of 994 City Council Agenda June 17, 2013 Page 2 of 4 7/3/2013 5:29 PM Citizen Comment: Junad Rizki, 2784 Sheridan stated his concerns for the hiring of a Cultural Arts Coordinator which he feels is another wasted venue of taxpayer’s money. He also believes there is a great deal of mismanagement of fiscal funds that need explanation. Anne Berkeley, 1204 Crain who is co-chair of the Arts Council, she gave thanks to the Evanston City Council and Mr. Bobkiewicz for the support they have given the Arts community. Ms. Berkely was wondering if the $50,000.00 would be commensurate for the for the job position, would work closely with the Office of Economic Development. She asked the Council to approve the recommendations. Judy Kemp, 1026 Forest strongly supports the recommendations concerning the Arts proposal, and with this new position the City will be able to advance growth of the Arts in Evanston. Also with this position it will provide the formation of a bridge between the Arts and the Public. Sharon Eckersall, 2519 Ashland addressed the Township budget as not being presented in a timely manner, since the budget is expected to end the 30 th of June. She felt that it was inappropriate for the Township to be working without a budget once again. Carolyn Murray, 1930 Gray spoke on the planning for a prayer march and rally on June 22nd. This event will be starting at 11:00 a.m. at Faith Temple Church. There will be many nonprofit agencies participating and she invited the complete Council to be in attendance. SPECIAL ORDERS OF BUSINESS (SP1)Evanston Police Department Deployment Report Evanston Police Chief Richard Eddington will provide an update. For Action Chief Eddington gave a verbal update of the Police Departments report of the efforts being deployed to answer the violence that has been plaguing the community. He also introduced the Police staff who were reassigned to strategic positions within the Police Department one in particular Michelle Smith his newly appointed secretary. At the conclusion of his presentation Chief Eddington invited questions from the Council which none were offered. City Manager Bobkiewicz wished the Chief a happy birthday, and after hearing that announcement the Dias as well as the audience clapped. The Chief’s report can be obtained from the City’s website. (SP2)State of Downtown Evanston Executive Director Carolyn Dellutri will give a presentation about the State of Downtown Evanston upon the occasion of their 5 Year Anniversary. For Action Ms. Dellutri, Executive Director and Mr. Russ Abel, Chairman of the Downtown Evanston EVMARK gave an oral and slide presentation of their 5 year Anniversary successes. (SP3)Update from Plan Commission on Revision to the Comprehensive Plan Chair of the Plan Commission Scott Peters will discuss the Commission’s proposed process for revising the City’s Comprehensive Plan. For Action 37 of 994 City Council Agenda June 17, 2013 Page 3 of 4 7/3/2013 5:29 PM (SP4)Approval of Initial Implementation of evanstARTs Report Recommendations Staff recommends that the City Council authorize the City Manager to begin implementation of evanstARTs report recommendations by: 1) recruiting and hiring a Cultural Arts Coordinator reporting to the City Manager; 2) working with the Evanston Arts Council and evanstARTs steering committee to recommend to the City Council a task force to drive research, planning and implementation of the cultural vision; 3) work with the Evanston Arts Council to develop a new workplan for 2013-14 in keeping with the evanstARTs recommendations. For Action Alderman Grover motioned for approval and it was seconded. With a Roll Call vote of 8- 1 the motion was approved. Alderman Holmes voted nay. The Mayor mentioned a letter she wrote attempting to clear up the Harley Clark Mansion issue and the Artist. The City Manager located the letter and read it to the Council and the Public. The Clerk was not given a copy of what was read. (SP5)Approval of Evanston Township High School Booster Club Event Special Use and One Day Liquor License Mayor Tisdahl recommends authorizing the City Manager to negotiate and finalize terms and conditions for use of the top floor of the Sherman Avenue parking garage for the Evanston Township High School Booster Club event on September 7, 2013. For Action Alderman Burrus motioned for approval and it was seconded. With a unanimous voice vote the motion was approved. Alderman Wynne spoke in favor of the use of the garage for a fund raiser event for ETHS. (SP6)Approval of Contract Settlement with Evanston Police Sergeants Association Staff recommends approval to authorize the City Manager to execute a collective bargaining agreement with the Evanston Police Sergeants Association (the “Sergeants Union”) affiliated with Illinois Fraternal Order of Police Labor Council effective January 1, 2013 through December 31, 2014. For Action Alderman Rainey motioned for approval and it was seconded. With a Roll Call vote of 9- 0 the motion was approved. (SP7)Approval of Emergency Replacement Purchase of Two (2) Vehicles for the Evanston Police Department from Currie Motors Staff recommends City Council approval for the purchase two (2) replacement vehicles for the Evanston Police Department from Currie Motors (9423 W. Lincoln Highway, Frankfort, IL) in the amount of $53,369. Funding for this purchase will be from the Insurance Fund (7800.65550). For Action Alderman Rainey motioned for approval and it was seconded. With a Roll Call vote of 9- 0 the motion was approved. 38 of 994 City Council Agenda June 17, 2013 Page 4 of 4 7/3/2013 5:29 PM (SP8)Approval of Street Furniture and Amenities for Davis Street Staff recommends City Council approval of a street furniture package and amenities for Davis Street’s right of way. Funding will be provided by the Washington National TIF ($120,000) and the Capital Improvement Fund ($100,000) for a total of $220,000 budgeted for these items. For Action Alderman Rainey motioned for approval with the deletion of the proposed lights and it was seconded. With a 6-3 Roll Call vote of 6-3 the motion was approved. A Roll Call vote for the original recommendation was taken and the result was 7-2 (Aldermen Tendam and Burrus voted nay), and the motion passed. (SP9)Discussion of Bike Corral Policy Staff is requesting direction from City Council in developing a policy for establishing bike corrals within the public right of way. For Discussion Ms. Suzette Robinson gave an explanation of what a bike coral is according to Portland, Oregon, and Chicago and for the purposes of Evanston is: on or off street bike parking facilities where bike parking is in high demand to a particular destination, such as the facilities of “EAC”, “Whole Foods” and the “Lorraine H. Morton Civic Center” she then showed various images of bike corrals for the Council’s discussion. After discussion and concerns voiced by the Council as well as the City Manager was concluded a unanimous voice vote was achieved and the direction to proceed was given to Ms. Suzette Robinson, Director of Public Works. APPOINTMENTS (APP1)For Appointment to: Chicago/Main TIF Advisory Committee Douglas Geyer Chicago/Main TIF Advisory Committee Adam Minick Chicago/Main TIF Advisory Committee Regina Wootton Alderman Rainey motioned for approval and it was seconded. With a unanimous voice vote the motion to approve the appointments was passed. Mayor Tisdahl asked for a motion to adjourn it was moved and seconded and the meeting ended at 10:10 pm. Submitted by, Hon. Rodney Greene, CMC City Clerk For a complete description of the presentations please go to the City’s website or get a copy of the meeting from the Clerk’s Office. 39 of 994 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, June 24, 2013 Roll Call: Alderman Wilson Alderman Burrus Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Alderman Rainey Absent: Aldermen Wynne and Grover Presiding: Mayor Elizabeth B. Tisdahl Mayor Tisdahl called the Regular Meeting of the City Council to order at 7:41 pm after a quorum was established. Mayor Public Announcements Mayor stated she had no Public Announcements. City Manager Public Announcements City Manager Bobkiewicz announced the departure and Recognition of Dennis Marino, Planning and Zoning Manager. He stated that Mr. Marino had definitely left Evanston better than when he arrived. Mr. Marino then stated he felt honored and it had been a rewarding experience for him. He thanked all the various entities that he had worked with over the years and that he would miss this, but will still be an Evanston resident and will help Evanston any way he can. Mayor Tisdahl also thanked Mr. Marino and stated she could not imagine doing this job without him and she will miss his council. Evanston Fourth of July Association (Tracy Alden, President and his collogues), and they gave an Update on Celebration Plans and Holiday Schedule. He stated the City contributed an additional $10,000.00 to the parade. He mentioned all of the activities that will be ongoing including 2300 shelves of fireworks, and additional play sites for the children and parents as well. City Manager Bobkiewicz then read the Municipal Code section dealing with the parade route as requested by Alderman Grover. He also stated the City Office will be closed on the 5th of July, but all other facilities will be open. All of the trash collections will begin on 40 of 994 City Council Agenda June 24, 2013 Page 2 of 11 7/3/2013 5:28 PM the 5th. Announcement of Fire Fighter Exam was made by Fire Chief Holt stated that Chief Klaiber is giving extra points for Evanston residents. The test will be on August 24 th at the High School and results will be held for a 2 year period. There will be a written exam (60%) and an oral exam (40%). He also stated even if you are a firefighter being recruited from outside of Evanston will also have to take the exam to be qualified. Communications: City Clerk Clerk Greene stated the public has the availability of reviewing the Township budget in the Clerk‟s Office for the next 30 days (which began last Friday) until July 21 st. He also stated the budget would be online after being questioned by Alderman Rainey, if it would be electronically available as well. Citizen Comments These citizens spoke on item SP1: Jordon Zoot 617 Grove # A stated Evanston already has an assault weapons ban, and gave a brief history of the gun issues in Evanston as well as a 1934 Act that banned them in Illinois. Stefan Backhus 531 Chicago Ave. asked how much funds are being directed to defend this Ordinance and where will the money come from? What programs or services will you cut to defend this Ordinance? He urged the Council to reject the Ordinance. John Curysciel 716 Brummel stated he enjoys competition shooting, stated he is against the Ordinance because now he will be considered a criminal, and the document is poorly written. He also stated he would be willing to help write a document that would be satisfactorily accepted and to please reject this Ordinance. Bruce Merchant 2024 Sherman Ave stated he is a combat wounded veteran and this is his first time speaking publicly. He stated the law obeying citizens are being punished, and asked if those who own these weapons will they have time to get rid of them before being tagged as criminals. Herb Langston 2410 Thayer handed out a flyer to the Dias members. He is a NRA target shooting competitor. These competitor rifles will be banned and will label the owners as criminals and so he asked that the vote be against the Ordinance. Dr. Michael James 326 Callen Ave. stated he was insulted to hear a person say it hasn‟t happened here yet. He repeatedly asked when can the children play again, and we as a Society need to come together to form policies that will prevent guns getting in the wrong hands. Alderman Rainey spoke out and wanted the Mayor to make a comment about the process and to give some clarification to this issue. Mayor Tisdahl responded by saying this was an introduction item that will be voted on in two weeks on July 8th. Todd Kennedy 830 Reba Place stated he is in opposition to the Ordinance, because no assault weapons have been used in crimes. This Ordinance will not do anything to prevent crime in Evanston. He stated they will fight for their rights even if it means legal actions. Ellen Chiocca 736 Central Street she thanked the Mayor and Alderman Holmes for supporting this issue and she stated she changed her statements after listening to Dr. James and she does not believe we need assault weapons when children are killing 41 of 994 City Council Agenda June 24, 2013 Page 3 of 11 7/3/2013 5:28 PM themselves. She stated we need less guns and not more because it is a health problem. Pat Gordon 817 Hinman Ave. stated she strongly support banning assault weapons. She pleaded to not let the opportunity pass to ban these assault weapons. Marjorie Fujara 343 Dewey Ave stated she was here to show her support for banning assault weapons. She stated that “Moms Demands Action” is watching and a mother never forgets. Mallard Casteel 8417 Kimball, Skokie stated he is in support of guns, but it is the gangs we need to start looking into and he is in support of the friends here tonight. Joey Rodger 1730 Hinman, said the Council want Evanston to be the most livable and desirable city in America, the world or America, but how we can if we allow assault weapons in our community. It is the history of people living together to place limits on some for the safety of all. She also stated we will be proud if you pass this Ordinance in a few weeks as she supports the Ordinance. Blair Garber 1200 Lee Street said there have been murders in Evanston, but none with the firearms you are intending to ban. He said you are taking law obeying citizens and gun owners turning them into criminals and turning their property into contraband. He also offered to train anyone how to shoot because he is a trainer and would wave his training fee. Denyse Wayne-Stoneback a resident of Skokie came to urge the Council to enact an assault weapons ban in Evanston as soon as possible. She stated over 4800 Americans have lost their lives to gun violence in the past six months. Wanda Reed 1825 Lamar Ave. said unless this happens to you, you do not know how these people feel. She hope the community will come together to reach our destiny in preventing the gun violence to save the kids. Carolyn Murphy 1930 Gray said she came with some members of “The Morbid Moms Club” all who are surviving mothers of victims who were gunned down. She also displayed the shirt with blood stains from the friend who was holding her son as he bled and died, along with a picture of her son. She then asked the Council to help her make a decision on a marker for her son Jennifer Frances no address stated it has to stop, because when her son was killed if she had an assault weapon she would have killed somebody. Cathy Keys no address posed the question to the ones against the ban, would you trade your target practice for the life of a child. Madelyn DuCre stated because of who we are we are all sinners and have made bad decisions in our lives. She asked why do we need guns in our houses, in society or this world. She believes the 2nd amendment rights, but if you have a gun you should obey the regulations and all guns should be registered. Non-Agenda items speakers: Kristen White 1801Hartrey asked the Council to suspend the rules and grant her request for a special use permit to allow her to open a children‟s resale store in Evanston. Gary Gaspard 415 Howard Township Supervisor came and presented a newly fashioned Township Flag to the Council and asked for their forgiveness for not asking them for their blessings before-hand. He also stated his intension to move the Township Office to the Lorraine H. Morton Civic Center, and the elimination of the Director‟s position as he promised to Alderman/Trustee Burrus. Junad Rizki 2764 Sheridan spoke of the Council‟s poor and unethical behavior with their illegal meetings with the sale of the Harley Clark Mansion. He accused the Mayor 42 of 994 City Council Agenda June 24, 2013 Page 4 of 11 7/3/2013 5:28 PM of making false statements about the proposal. He also mentioned the destruction of a the data records of the proposed sale. He also stated the diminished usage of the lake front with the proposed sale of the Harley Clark Mansion. He also accused his 7th ward Alderman of having private meetings with citizens. SPECIAL ORDER OF BUSINESS Mayor Tisdahl called upon Alderman Rainey to present a special order of business concerning an honorary street naming sign application presented by Nancy Lyons and Bridgette Brown and supported by Alderman Rainey. They presented the application to the Citizen Advisory Committee recommending the street sign for the former Alderman of the 8th ward Dr. Richard E. Lyons. She read the Resolution to the Council for approval and the Council gave a unanimous voice vote and the Resolution was approved. Items not approved on Consent Agenda (M3)Approval of Minutes of the Regular City Council meeting June 10, 2013 (P4)Ordinance 69-O-13 Granting a Special Use for a Resale Establishment at 1940 Dempster Street The Zoning Board of Appeals, the Site Plan and Appearance Review Committee, and staff recommend the adoption of Ordinance 69-O-13 granting a special use permit for a Resale Establishment for children‟s clothing and other items, Kazoom. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this district. Alderman Braithwaite requests suspension of the rules to allow introduction and action at the same meeting. For Introduction and Action (P9)Ordinance 60-O-13, Granting a Special Use for a Bed & Breakfast Establishment at 1622 Forest Avenue Staff recommends consideration of Ordinance 60-O-13, granting a special use permit for the operation of a Bed and Breakfast Establishment at 1622 Forest Avenue. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. The Zoning Board of Appeals recommends denial of this request. The Evanston Preservation Commission recommends approval of the Special Use and has also approved the issuance of a Certificate of Appropriateness for the restoration of the principal house, the demolition of the existing coach house and construction of the new coach house. This ordinance was introduced at the June 10, 2013 City Council meeting. For Action CONSENT AGENDA (SP1)Ordinance 76-O-13, An Ordinance to Ban Assault Weapons in the City of Evanston Ordinance 76-O-13 amends Title 9, Chapter 8 of the Evanston City Code of 2012 to specifically ban the possession, transfer, sale or display of assault weapons in the City 43 of 994 City Council Agenda June 24, 2013 Page 5 of 11 7/3/2013 5:28 PM of Evanston. For Introduction (M1)Approval of Minutes of the Regular City Council meeting April 16, 2013 (M2)Approval of Minutes of the Regular City Council meeting May 28, 2013 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1)City of Evanston Payroll through 6/2/13 $2,620,447.59 (A2)City of Evanston Bills FY2013 6/25/13 $2,245,896.49 (A3.1)Approval of Agreement with Infosend Inc. for Utility Bill Printing and Mailing Services (RFP 13-27) Staff recommends City Council authorize the City Manager to execute an agreement for Utility Bill Printing and Mailing Services for a two-year term with Infosend, Inc. (1406 Centre Circle Drive, Downers Grove, IL) in the not-to-exceed amount of $27,507.90. Funding for the first year of the contract will be in the not-to-exceed amount of $13,753.95, of which $7,000 will be provided by the Water Fund (7125.62455) and $6,753.95 will be provided by the Sewer Fund (7400.62455). For Action (A3.2)Approval of Maintenance Plan Agreement for Sherman Plaza The Parking/Transportation Committee and staff recommend approval to continue a maintenance agreement for Sherman Plaza that was established in 2006. The agreement covers the period of August 23, 2013 through August 22, 2014 for a maximum not-to-exceed amount of $115,000. Funding is provided by the Parking Fund, Account 7036.62660. For Action (A3.3)Approval of Contract with Elanar Construction Company for the Firemen‟s Park Renovation Project (Bid 13-39) Staff recommends that City Council authorize the City Manager to execute a contract for the base bid plus alternate bids 1, 2 and 3 for the Firemen‟s Park Renovation Project with Elanar Construction Company (1739 Chestnut Avenue, #500, Glenview) in the amount of $ 255,400. Total funding of $315,000 is provided by FY2012 and FY2013 CDBG funds, FY2013 Capital Improvement Program (CIP) Account 415385, and Account 100.41333 (Nicor Park Easement). For Action (A3.4)Approval of Contract with Construction Consulting and Disbursement Services, Inc. for the 2013 Municipal Service Center „D‟ Building Roof and Masonry Repair Project (Bid 13-29) Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 Municipal Service Center „D‟ Building Roof and Masonry Repair Project with Construction Consulting and Disbursement Services, Inc. (CCDS) (900 Skokie 44 of 994 City Council Agenda June 24, 2013 Page 6 of 11 7/3/2013 5:28 PM Boulevard, Suite 100, Northbrook, IL) in the amount of $39,300. Funding is provided by the FY 2013 CIP Account Number 415224 with a budget of $75,000. For Action (A3.5)Approval of Contract Award to A. Lamp Concrete Contractors Inc. for 2013 Water Main Replacement & Street Resurfacing Project II (Bid 13-45) Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 Water Main Replacement & Street Resurfacing CIP 2 Project to A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $1,568,320.50. Funding is provided by the Water Fund (733086.65515) in the amount of $982,262.50; Sewer Fund (7420.65515) in the amount of $81,980; and CIP Street Resurfacing Fund (415857.65515) in the amount $504,078. For Action (A4) Approval of Change Order No. 4 for Evanston Water Utility SCADA Phase III Engineering Services (RFP 08-74) Staff recommends that the City Council authorize the City Manager to execute Change Order No. 4 to grant a time extension of 153 calendar days, to the agreement with CDM Smith, Inc. (125 South Wacker Drive, Suite 600, Chicago, IL), for the Evanston Water Utility SCADA Phase III Engineering Services (RFP 08-74). There is no cost associated with this change order. For Action (A5)Ordinance 58-O-13, Decreasing the Number of Active Class D Liquor Licenses, Wingstop[ Staff recommends City Council adoption of Ordinance 58-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses to twenty-one (21), because Wingstop, 2434 Main Street, stopped selling alcohol in January 2013 and does not intend to renew its liquor license. For Introduction (A6)Ordinance 64-O-13, Decreasing the Number of Active Class D Liquor Licenses, Siam Splendor Staff recommends City Council adoption of Ordinance 64-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses to twenty (20), because Vichida Corporation, d/b/a Siam Splendour, 1125 Emerson Street, is not renewing its Class D liquor license. For Introduction (A7)Ordinance 65-O-13, Increasing the Number of Class P-1 Liquor Licenses, Temperance Beer Company Staff recommends City Council adoption of Ordinance 65-O-13, 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 to one (1), to permit liquor license issuance to Temperance Beer Company, LLC, d/b/a Temperance Beer Company, 2000 45 of 994 City Council Agenda June 24, 2013 Page 7 of 11 7/3/2013 5:28 PM Dempster Street. For Introduction (A8)Ordinance 68-O-13, Amending Class P-1 Liquor License Capacity Staff recommends City Council adoption of Ordinance 68-O-13, which amends Class P- 1 by increasing the maximum quantity of craft beer permitted for on-site production and storage from 465,000 gallons to 930,000 gallons annually. This amendment mirrors measures recently adopted by the state legislature in HB 1573. For Introduction (A9)Ordinance 66-O-13, Authorizing Class N Liquor Licensees to Offer Tastings Staff recommends City Council adoption of Ordinance 66-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(N), as amended, to authorize Class N liquor licensees to offer tastings of alcoholic liquor. Class N liquor licenses are held by grocery stores including Jewel Osco, Dominick‟s, Food 4 Less, Whole Foods, and Sam‟s Club. For Introduction (A10)Ordinance 67-O-13, Authorizing Class T Liquor Licensees to Offer Samples Staff recommends City Council adoption of Ordinance 67-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(T), as amended, to authorize Class T liquor licensees to offer samples of beer brewed by the licensee. Class T is the City‟s brewpub liquor license, and Smylie Bros. Restaurant and Brewery is the City‟s only Class T licensee. For Introduction (A11)Ordinance 75-O-13, Increasing the Number of Active Class D Liquor Licenses, Kingston Grill Staff recommends City Council adoption of Ordinance 75-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses to twenty-one (21), to permit liquor license issuance to Kingston Grill Restaurant, Inc., d/b/a Kingston Grill, 1164 Dodge Ave. For Introduction Alderman Rainey asked for suspension of the rules. (A12)Ordinance 56-O-13, Text Amendment to City Code Subsection 11-2-11-(B) to Correct Code Reference Staff recommends City Council adoption of Ordinance 56-O-13, which amends the text of Evanston City Code of 2012 Subsection 11-2-11-(B), as amended, to correct the Code reference regarding mailing notices of impending vehicle immobilization. For Introduction (A13)Ordinance 74-O-13 Amending the City Code to Establish a Three-Way Stop at Dewey Avenue and Washington Street The Alderman of the Ninth Ward recommends the adoption of proposed ordinance 74- O-13 by which the City Council would amend Section 10-11-5 (C), Schedule V (C) of the City Code to establish a Three-Way Stop at Dewey Avenue and Washington Street. 46 of 994 City Council Agenda June 24, 2013 Page 8 of 11 7/3/2013 5:28 PM Funding is provided by the Traffic Control Supplies Account 2670.65115, which has $40,000 budgeted for FY 2013. For Introduction (A14)Ordinance 52-O-13, Amending the City Code to Establish a Three-Way Stop at Lake Shore Blvd and Hamilton Street The Alderman of the Third Ward recommends the adoption of the proposed Ordinance 52-O-13 by which the City Council would amend Section 10-11-5 (C), Schedule V (C) of the City Code to establish a Three-Way Stop at Lake Shore Boulevard and Hamilton Street. Funding is provided by the Traffic Control Supplies Account 2670.65115, which has $40,000 budgeted for FY 2013. This ordinance was introduced at the June 10, 2013 City Council meeting. For Action (A15)Ordinance 55-O-13, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Staff recommends adoption of Ordinance 55-O-13 authorizing the City to borrow funds from the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program for the construction of the Large Diameter Sewer Rehabilitation on Central Park Avenue and Main Street / Sheridan Road. This ordinance authorizes the City to borrow up to $1,894,000. The debt service will be paid from the Sewer Fund. This ordinance was introduced at the June 10, 2013 City Council meeting. For Action (A16)Ordinance 51-O-13, Amending Title 10, Chapter 8, Section 3, Relating to Wheel Tax for Disabled Veterans and Active Military The Transportation/Parking Committee recommends approval of 51-O-13, amending Title 10, Motor Vehicles and Traffic, Chapter 8, Section 3: Schedule of License Fees of the Evanston City Code. This amendment permits that all Disabled Veterans and Active Duty Military Personnel who make application for a wheel tax license for one motor vehicle owned by the member shall not be required to pay the usual fee for such wheel tax license. This ordinance was introduced at the June 10, 2013 City Council meeting. For Action PLANNING AND DEVELOPMENT (P1)Resolution 40-R-13 Designating the Portion of Austin Street between Asbury Avenue and Barton Avenue with the Honorary Street Name Sign, “Dr. Richard E. Lyons Way”. The Citizens‟ Advisory Committee on Public Place Names recommends approval of Resolution 40-R-13. For Action (P2)Ordinance 71-O-13 Granting a Special Use for a Wholesale Goods Establishment at 2310 Main Street The Zoning Board of Appeals, the Site Plan and Appearance Review Committee, and staff recommend the adoption of Ordinance 71-O-13 granting a special use permit for 47 of 994 City Council Agenda June 24, 2013 Page 9 of 11 7/3/2013 5:28 PM the establishment of a Wholesale Goods Establishment by Few Spirits, LLC at 2310 Main Street. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. For Introduction (P3)Ordinance 70-O-13 Granting a Special Use for a Type 2 Restaurant at 1907 Central Street The Zoning Board of Appeals, the Site Plan and Appearance Review Committee, and staff recommend the adoption of Ordinance 70-O-13 granting a special use permit the establishment of a Type 2 Restaurant, Leonidas Chocolate Café at 1907 Central Street. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this district. For Introduction (P5)Ordinance 72-O-13 Amending the Special Use Permit for a Type 2 Restaurant at 519 Main Street (Starbucks) Staff recommends the adoption of Ordinance 72-O-13 that deletes the condition of an adopted special use from 1992 (Section 3-C of Ordinance 121-O-01) requiring that the Starbucks at 519 Main Street hire off duty police officers to issue parking citations to customers who illegally park in the vicinity of Starbucks. The staff recommendation to release this condition is based on the experience during the past ten months when Starbucks was permitted by their request to not hire off duty officers on an experimental basis. There have not been reports of any problems during this period. No other Type II restaurant currently has such a condition imposed. For Introduction (P6)Approval of Request for a Three Year Extension of a Special Use for the Establishment of a Dormitory at 1620 Central Street (National Louis University PACE Program) Staff recommends approval of the requested three year extension of the adopted special use for a dormitory for the National Louis University PACE program. The project and special use are consistent with the Comprehensive Plan and the Central Street Zoning Overlay. The property owner cites challenges encountered by National Louis in implementing its plan for 1620 Central Street and its actions and plan to overcome these obstacles. For Action (P7)Ordinance 73-O-13 Granting a Special Use for a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 73- O-13 granting a special use permit for the operation of a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street. The applicant has complied with all zoning requirements and meets all of the Standards of a special use for this District. The Zoning Board of Appeals found this as well in its findings for a positive recommendation. For Introduction (P8)Ordinance 59-O-13, Granting a Special Use for a Type 2 Restaurant at 749 Chicago Avenue 48 of 994 City Council Agenda June 24, 2013 Page 10 of 11 7/3/2013 5:28 PM Staff recommends adoption of Ordinance 59-O-13, granting a special use permit for a Type 2 Restaurant (749 Chicago Avenue) called Dollop Coffee Co. & Hoosier Mama Pie Co. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. The Zoning Board of Appeals recommends adoption of Ordinance 59-O-13 with conditions related to litter control, hours of operation and employee parking. This ordinance was introduced at the June 10, 2013 City Council meeting. For Action Alderman Rainey motioned for approval of the Consent Agenda and it was seconded, and with Roll Call vote of 7-0 the motion passed. Items for discussion: (M3)Approval of Minutes of the Regular City Council meeting June 10, 2013 Mr. Bobkiewicz stated that Alderman Fiske asked him to work with the City Clerk on his minutes of June 10th and that he would do that and get back to the Council. (A11)Ordinance 75-O-13, Increasing the Number of Active Class D Liquor Licenses, Kingston Grill Staff recommends City Council adoption of Ordinance 75-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses to twenty-one (21), to permit liquor license issuance to Kingston Grill Restaurant, Inc., d/b/a Kingston Grill, 1164 Dodge Ave. For Introduction Alderman Rainey motioned for action approval and it was seconded and approved with a Roll Call vote of 7-0. The rules had been previously suspended. (P4)Ordinance 69-O-13 Granting a Special Use for a Resale Establishment at 1940 Dempster Street The Zoning Board of Appeals, the Site Plan and Appearance Review Committee, and staff recommend the adoption of Ordinance 69-O-13 granting a special use permit for a Resale Establishment for children‟s clothing and other items, Kazoom. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this district. Alderman Braithwaite requests suspension of the rules to allow introduction and action at the same meeting. For Introduction and Action Alderman Fiske motioned for approval and it was seconded and it passed with a 7-0 Roll Call vote. (P9)Ordinance 60-O-13, Granting a Special Use for a Bed & Breakfast Establishment at 1622 Forest Avenue Staff recommends consideration of Ordinance 60-O-13, granting a special use permit for the operation of a Bed and Breakfast Establishment at 1622 Forest Avenue. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. The Zoning Board of Appeals recommends denial of this request. The Evanston Preservation Commission recommends approval of the Special Use and has also approved the issuance of a Certificate of Appropriateness for the restoration of the principal house, the demolition of the existing coach house and 49 of 994 City Council Agenda June 24, 2013 Page 11 of 11 7/3/2013 5:28 PM construction of the new coach house. This ordinance was introduced at the June 10, 2013 City Council meeting. For Action Alderman Fiske stated this item would be held until the next Council meeting, respecting the request of Alderman Wynne to place on hold in her absence. Call of the Wards Ward 4 Alderman Wilson had no report. Ward 5 Alderman Holmes had no report. Ward 6 Alderman Tendam announced the first starlight concert starting at 7:30-9:00 for the 6th ward and the City. Also the photo shoot will be July 4th and August 10th. Ward 8 Alderman Rainey announced on July 4th at Elks Park there will be a fantastic water event. Ward 9 Alderman Burrus announced her 9th ward meeting on July 10th Ward 1 Alderman Fiske commented on her association with Mr. Dennis Marino and that he will be missed. Ward 2 Alderman Braithwaite echoed the comments of Alderman Fiske concerning Mr. Marino, and he congratulated the honorees of the 2013 Scholars at Ebenezer Church on last Sunday. He also mentioned the peaceful march that occurred on Saturday against gun violence. Alderman Wilson motioned to convene into Executive Session to discuss Litigation and Minutes and it was seconded. With a unanimous voice vote the meeting ended at 9:27 pm. Submitted by, Hon. Rodney Greene, CMC City Clerk 50 of 994 Rev. 7/3/2013 5:44:43 PM ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, July 8, 2013 5:45 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers AGENDA I. DECLARATION OF A QUORUM: ALDERMAN RAINEY, CHAIR II. APPROVAL OF MINUTES OF REGULAR MEETING OF JUNE 24, 2013 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 6/16/13 $2,759,255.18 (A2) City of Evanston Bills FY2013 7/9/13 $3,894,114.74 Credit Card Activity – Period End May 31, 2013 $ 125,260.65 For Action (A3.1) Approval of Contract with Kenny Construction Company for Large Diameter Sewer Rehabilitation (Bid 13-42) Staff recommends that City Council authorize the City Manager to award a contract in the amount of $1,388,290 to Kenny Construction Company (2215 Sanders Road Suite 400, Northbrook, IL) for the Large Diameter Sewer Rehabilitation – Central Park Ave and Main St (Bid 13-42), contingent upon receiving the appropriate loan funding from the Illinois Environmental Protection Agency (IEPA). It is anticipated that the IEPA will provide loan funding from the State Revolving Fund in an amount up to $1,429,940 for this project. For Action 51 of 994 Rev. 7/3/2013 5:44:43 PM (A3.2) Approval of Contract with SAK Construction, LLC for 2013 Cured In Place Pipe Lining Contract B (CIPP) (Bid 13-43) Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 Cured-In-Place Pipe Lining Contract B (Bid 13-43) with SAK Construction, LLC (864 Hoff Road, O’Fallon, MO) in the amount of $179,887.70. Funding is provided by the Sewer Fund, Account 7420.62461, which has $206,277 in available funding remaining. For Action (A3.3) Approval of Single Source Purchase of Rate of Flow Transmitters and Manifolds from Rosemount, Inc. for the Water Treatment Plant Staff recommends approval of a single-source purchase of Rate of Flow Transmitter equipment from Rosemount, Inc. (8200 Market Boulevard, Chanhassen, MN) in the amount of $57,386.07 . Staff is recommending the single source purchase from Rosemount in order that all transmitters would then be made by the same company and be the same model. Funding is provided by the Water Capital Improvement Program Fund, Account 733123. For Action (A3.4) Approval of Agreement with Connelly’s Academy for Martial Arts Instruction Staff recommends that City Council authorize the City Manager to execute a single source agreement with Connelly’s Academy (9750 Karlov Avenue, Skokie, IL) through December 2014 for martial arts program services at the Levy Senior Center, which is projected to reach a dollar value of over $20,000 in payments to the vendor. Revenue from program registrations are deposited into the General Fund Account, Levy Senior Center 3055.53565 and expenses for instruction paid from 3055.62505. For Action (A3.5) Approval of Contract with A. Lamp Concrete Contractors Inc. for the 2013 CIP III Street Resurfacing Project (Bid 13-49) Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 CIP III Street Resurfacing Project (Bid 13-49) to A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL 60193) in the amount of $968,396. Funding is provided by the Capital Improvements Fund for $818,396 (Acct. 415857.65515 – 2013 Budget of $2.7 million and $1,082,000 being allocated in Phase I and II) and Howard- Hartrey TIF Fund $150,000 (Acct. 553104.65515 – 2013 Budget of $250,000). For Action 52 of 994 Rev. 7/3/2013 5:44:43 PM (A3.6) Approval of Contract with Chicagoland Paving for Davis Street Improvement Project (Bid 13-50) Staff recommends that City Council authorize the City Manager to execute a contract for the Davis Street Improvement Project (Bid 13-50) with Chicagoland Paving (225 Telser Road, Lake Zurich, IL) in the amount of $2,299,905.65. Funding is provided by the Washington National TIF Fund in the amount of $879,853.87 (Acct. 547616.65515 – 2013 Budget of $1,300,000), the Sewer Fund $250,000 (Acct 7420.65515 – 2013 Budget of $250,000) and Capital Improvements Fund $1,170,051.78 (Acct. 415857.65515 – 2013 Budget of $1,197,000). (A4) Approval of Bridge Street Bridge Project Construction Funding Increase (RFQ 10-25) Staff recommends that City Council authorize the City Manager to increase the local share of the construction cost by $86,000 (20%) for the Bridge Street Bridge reconstruction project. The additional construction cost for the bridge project is funded from the remaining funds in the Street Resurfacing Program in the Capital Improvements Fund Account 415857.65515 (Total allocated expenses $1,900,873.43 and total budget of $2.7 million leaving $799,126.43 available). For Action (A5) City of Evanston FY2012 Audited Annual Financial Report Staff recommends that the FY2012 Audited Annual Financial Report be accepted and placed on file. Accept and Place on File (A6) Resolution 41-R-13, Northwestern University Utility Easement on Emerson Street Staff recommends that the City Council adopt Resolution 41-R-13 authorizing the City Manager to execute a chilled water service utility easement with Northwestern University in order to cross Emerson Street. The easement will be for a 50-year period for a $220 annual fee. For Action (A7) Ordinance 77-O-13, Authorizing Sale of Surplus Vehicles and Equipment Staff recommends that City Council authorize the City Manager to publicly offer the sale of various vehicles and equipment owned by the city through public auction based on Ordinance 77-O-13. The vehicles are presently out of service. For Introduction (A8) Ordinance 84-O-13 Authorizing 2013 General Obligation Bond Issue Staff recommends approval of the attached draft ordinance number 84-O-13 for the FY 2013 bond issuance in the not-to-exceed amount totaling $12,700,000. The ordinance will be completed and signed after the bond sale date, which is tentatively scheduled for July 31, 2013. For Introduction 53 of 994 Rev. 7/3/2013 5:44:43 PM IV. ITEMS FOR DISCUSSION (APW1)Bus Service Transit Routes V. COMMUNICATIONS VI. ADJOURNMENT 54 of 994 Administration and Public Works Committee Meeting Minutes of June 24, 2013 City Council Chambers – 5:45 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: P. Braithwaite, C. Burrus, D. Holmes, A. Rainey MEMBERS ABSENT: J. Grover STAFF PRESENT: L. Biggs, W. Bobkiewicz, G. Farrar, S. Flax, D. Gaynor, L. Gergitz, H. Pirooz, L. Jeschke, S. Levine, M. Lyons, J. McRae, S. Nagar, A. Porta, D. Stoneback, R. Voss PRESIDING OFFICIAL: Ald. Rainey I. DECLARATION OF QUORUM A quorum being present, Chair Rainey called the meeting to order at 5:50 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF June 10, 2013. Ald. Rainey moved approval of the minutes of the June 10, 2013 A&PW meeting, seconded by Ald. Braithwaite. The minutes of the June 10, 2013 A&PW meeting were approved unanimously 4-0. III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 6/2/13 $2,620,447.59 Ald. Burrus moved to approve the payroll, seconded by Ald. Braithwaite. The Committee voted 4-0 unanimously to approve the payroll. (A2) City of Evanston Bills FY2013 through 6/25/13 $2,245,896.49 Ald. Burrus moved to approve the bills list, seconded by Ald. Braithwaite. The Committee voted 4-0 unanimously to approve the bills list. (A3.1) Approval of Agreement with Infosend Inc. for Utility Bill Printing and Mailing Services (RFP 13-27) Staff recommends City Council authorize the City Manager to execute an agreement for Utility Bill Printing and Mailing Services for a two-year term with Infosend, Inc. DRAFT - NOT APPROVED 55 of 994 Administration and Public Works Committee Meeting Minutes of 6-24-13 Page 2 of 8 (1406 Centre Circle Drive, Downers Grove, IL) in the not-to-exceed amount of $27,507.90. Funding for the first year of the contract will be in the not-to-exceed amount of $13,753.95, of which $7,000 will be provided by the Water Fund (7125.62455) and $6,753.95 will be provided by the Sewer Fund (7400.62455). For Action Ald. Rainey inquired on which Evanston businesses received the bids. Marty Lyons, Assistant City Manager, read through a chart of the businesses, and further stated the City of Evanston invited 18 firms in total. 11 of the 18 firms were local. 7 firms submitted a response; none of the local firms submitted a response. Ald. Rainey mentioned that she talked to Allegra, a local business, about a previous job they had not bid on, and Allegra said sometimes their mail piles up and is not opened. Mr. Lyons said they have been gathering comments, and if that is the reason that other local businesses have not been responding, the City will look at how they can adjust the process. The City will try, if it can within the statute, to get more local vendors involved. Ald. Rainey said if the reason for the lack of response is only because a business leaves its mail unopened, then the City shouldn‟t have to alter what it is doing. Ald. Holmes said what Mr. Lyons is doing is important, because it allows the Council the ability to answer why there aren‟t more Evanston businesses. The Committee voted unanimously 4-0 to recommend approval of the agreement. (A3.2) Approval of Maintenance Plan Agreement for Sherman Plaza The Parking/Transportation Committee and staff recommend approval to continue a maintenance agreement for Sherman Plaza that was established in 2006. The agreement covers the period of August 23, 2013 through August 22, 2014 for a maximum not-to-exceed amount of $115,000. Funding is provided by the Parking Fund, Account 7036.62660. For Action Ald. Rainey inquired about why there is a low rate (less than $1000 a month) for the residential portion of the fund. Mr. Lyons asked Mr. Rick Voss, Parking/Revenue Manager, to answer. Mr. Voss stated that the agreement is based on a percentage of what has to physically be done. The condominium association has a very small percentage of the work that is kept within the realm of the City‟s responsibility. The rate does not have anything to do with the number of spaces, only on responsibility. The Committee voted unanimously 4-0 to recommend approval of the agreement 56 of 994 Administration and Public Works Committee Meeting Minutes of 6-24-13 Page 3 of 8 (A3.3) Approval of Contract with Elanar Construction Company for the Firemen’s Park Renovation Project (Bid 13-39) Staff recommends that City Council authorize the City Manager to execute a contract for the base bid plus alternate bids 1, 2 and 3 for the Firemen‟s Park Renovation Project with Elanar Construction Company (1739 Chestnut Avenue, #500, Glenview) in the amount of $ 255,400. Total funding of $315,000 is provided by FY2012 and FY2013 CDBG funds, FY2013 Capital Improvement Program (CIP) Account 415385, and Account 100.41333 (Nicor Park Easement). For Action Ald. Burrus requested further information on what specific areas the funding would be used for. Stefanie Levine, Assistant Superintendent of Parks and Recreation, stated that a new playground will be built, which includes: equipment, surfacing, curbing, lighting, drinking fountain, fence, electrical service, furnishings, fencing, park sign, and landscaping. Ald. Burrus requested that in the future it would be helpful to have a breakdown included in the packets that would list the cost for each item, rather than a lump sum cost. This would help to figure out cost savings. Ald. Rainey stated that this is almost a third of a million dollar project, and will help keep the neighborhood and students in the area safer. Northwestern is contributing $25,000 for lighting, and she believes Northwestern should contribute all of the costs for lighting, as it will help keep their students safer and will enhance the parents‟ comfort level. The Committee voted unanimously 4-0 to recommend approval of the contract. (A3.4) Approval of Contract with Construction Consulting and Disbursement Services, Inc. for the 2013 Municipal Service Center ‘D’ Building Roof and Masonry Repair Project (Bid 13-29) Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 Municipal Service Center „D‟ Building Roof and Masonry Repair Project with Construction Consulting and Disbursement Services, Inc. (CCDS) (900 Skokie Boulevard, Suite 100, Northbrook, IL) in the amount of $39,300. Funding is provided by the FY 2013 CIP Account Number 415224 with a budget of $75,000. For Action Ald. Rainey noted it is a lot of territory for a small amount of money. The Committee voted unanimously 4-0 to recommend approval of the contract. 57 of 994 Administration and Public Works Committee Meeting Minutes of 6-24-13 Page 4 of 8 (A3.5) Approval of Contract Award to A. Lamp Concrete Contractors Inc. for 2013 Water Main Replacement & Street Resurfacing Project II (Bid 13-45) Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 Water Main Replacement & Street Resurfacing CIP 2 Project to A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $1,568,320.50. Funding is provided by the Water Fund (733086.65515) in the amount of $982,262.50; Sewer Fund (7420.65515) in the amount of $81,980; and CIP Street Resurfacing Fund (415857.65515) in the amount $504,078. For Action Ald. Rainey requested the specific areas for the construction project. Ald. Holmes states the areas include: Clark Street – Orrington to Chicago, Austin Street – Ridge to Custer, and Keeney Street – Hartrey to Dodge. The Committee voted unanimously 4-0 to recommend approval of the contract. (A4) Approval of Change Order No. 4 for Evanston Water Utility SCADA Phase III Engineering Services (RFP 08-74) Staff recommends that the City Council authorize the City Manager to execute Change Order No. 4 to grant a time extension of 153 calendar days, to the agreement with CDM Smith, Inc. (125 South Wacker Drive, Suite 600, Chicago, IL), for the Evanston Water Utility SCADA Phase III Engineering Services (RFP 08-74). There is no cost associated with this change order. For Action Ald. Rainey asked if this project is taking an extra-long time, and if there are any current problems. Lara Biggs, Superintendent for Construction in Utilities Department, stated the contractor is Alan Integrated Control Systems (“Alan ICS”), and they are taking longer than was first contemplated. The City has helped them get organized, and Alan ICS is finishing up the project. The SCADA system is usable, and the City‟s water department is operating off of the system. Ald. Rainey requested the bid amount for the project. Ms. Biggs stated it was 1.7 million dollars. Ms. Biggs stated there have only been time extensions for this project, and that the scheduling has been frustrating, but the quality of work is good. Mr. Lyons asked how often a project like this is done. Ms. Biggs stated that a complete change over is only done once every 30 years. The Committee voted unanimously 4-0 to recommend approval of the change order. 58 of 994 Administration and Public Works Committee Meeting Minutes of 6-24-13 Page 5 of 8 (A5) Ordinance 58-O-13, Decreasing the Number of Active Class D Liquor Licenses, Wingstop Staff recommends City Council adoption of Ordinance 58-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses to twenty-one (21), because Wingstop, 2434 Main Street, stopped selling alcohol in January 2013 and does not intend to renew its liquor license. For Introduction The Committee voted unanimously 4-0 to recommend approval of Ordinance 58-O-13. (A6) Ordinance 64-O-13, Decreasing the Number of Active Class D Liquor Licenses, Siam Splendor Staff recommends City Council adoption of Ordinance 64-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses to twenty (20), because Vichida Corporation, d/b/a Siam Splendour, 1125 Emerson Street, is not renewing its Class D liquor license. For Introduction The Committee voted unanimously 4-0 to recommend approval of Ordinance 64-O-13. Ald. Rainey noted that it has started to thunderstorm. (A7) Ordinance 65-O-13, Increasing the Number of Class P-1 Liquor Licenses, Temperance Beer Company Staff recommends City Council adoption of Ordinance 65-O-13, 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 to one (1), to permit liquor license issuance to Temperance Beer Company, LLC, d/b/a Temperance Beer Company, 2000 Dempster Street. For Introduction Ald. Rainey stated that this will be the first brewery in Evanston. The Committee voted unanimously 4-0 to recommend approval of Ordinance 65-O-13. (Power flickered in Council Chambers, and microphones lost their connection. Connection was restored quickly, and recess was not needed.) 59 of 994 Administration and Public Works Committee Meeting Minutes of 6-24-13 Page 6 of 8 (A8) Ordinance 68-O-13, Amending Class P-1 Liquor License Capacity Staff recommends City Council adoption of Ordinance 68-O-13, which amends Class P-1 by increasing the maximum quantity of craft beer permitted for on-site production and storage from 465,000 gallons to 930,000 gallons annually. This amendment mirrors measures recently adopted by the state legislature in HB 1573. For Introduction The Committee voted unanimously 4-0 to recommend approval of Ordinance 68-O-13. (A9) Ordinance 66-O-13, Authorizing Class N Liquor Licensees to Offer Tastings Staff recommends City Council adoption of Ordinance 66-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(N), as amended, to authorize Class N liquor licensees to offer tastings of alcoholic liquor. Class N liquor licenses are held by grocery stores including Jewel Osco, Dominick‟s, Food 4 Less, Whole Foods, and Sam‟s Club. For Introduction Ald. Rainey asked Grant Farrar, Corporation Counsel, to discuss if this Ordinance is different from allowing wine tastings at grocery stores. Mr. Farrar stated that this Ordinance allows for tastings of all alcoholic liquor, rather than just wine. This Ordinance is following a trend with the state law and retail establishments. Ald. Rainey also asked about the Bassett certifications, and whether or not that applies to the actual individual serving the liquor. Mr. Farrar stated that Bassett requirement is encouraged for new applicants, and that the manager of the store would be overseeing the tastings. The Committee voted unanimously 4-0 to recommend approval of Ordinance 66-O-13. (A10) Ordinance 67-O-13, Authorizing Class T Liquor Licensees to Offer Samples Staff recommends City Council adoption of Ordinance 67-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(T), as amended, to authorize Class T liquor licensees to offer samples of beer brewed by the licensee. Class T is the City‟s brewpub liquor license, and Smylie Bros. Restaurant and Brewery is the City‟s only Class T licensee. For Introduction The Committee voted unanimously 4-0 to recommend approval of Ordinance 67-O-13. 60 of 994 Administration and Public Works Committee Meeting Minutes of 6-24-13 Page 7 of 8 (A11) Ordinance 75-O-13, Increasing the Number of Active Class D Liquor Licenses, Kingston Grill Staff recommends City Council adoption of Ordinance 75-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses to twenty-one (21), to permit liquor license issuance to Kingston Grill Restaurant, Inc., d/b/a Kingston Grill, 1164 Dodge Ave. For Introduction Alderman Braithwaite stated it is a great restaurant, and he wishes them good luck. The Committee voted unanimously 4-0 to recommend approval of Ordinance 75-O-13. (A12) Ordinance 56-O-13, Text Amendment to City Code Subsection 11-2-11- (B) to Correct Code Reference Staff recommends City Council adoption of Ordinance 56-O-13, which amends the text of Evanston City Code of 2012 Subsection 11-2-11-(B), as amended, to correct the Code reference regarding mailing notices of impending vehicle immobilization. For Introduction Ald. Rainey stated that it is great that the City is carefully reviewing the Code and making the necessary corrections. The Committee voted unanimously 4-0 to recommend approval of Ordinance 56-O-13. (A13) Ordinance 74-O-13 Amending the City Code to Establish a Three-Way Stop at Dewey Avenue and Washington Street The Alderman of the Ninth Ward recommends the adoption of proposed ordinance 74-O-13 by which the City Council would amend Section 10-11-5 (C), Schedule V (C) of the City Code to establish a Three-Way Stop at Dewey Avenue and Washington Street. Funding is provided by the Traffic Control Supplies Account 2670.65115, which has $40,000 budgeted for FY 2013. For Introduction The Committee voted unanimously 4-0 to recommend approval of Ordinance 74-O-13. V. ITEMS FOR DISCUSSION There were no items for discussion. VI. COMMUNICATIONS There were no communications. 61 of 994 Administration and Public Works Committee Meeting Minutes of 6-24-13 Page 8 of 8 VII. ADJOURNMENT The Committee voted unanimously 4-0 to adjourn. The meeting was adjourned at 6:19 p.m. Respectfully submitted, Susie Hall 62 of 994 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Richard Perry, Accounts Payable Coordinator Subject: City of Evanston Payroll and Bills Date: July 3, 2013 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. Effective in 2013 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 – June 03, 2013 through June 16, 2013 $2,759,255.18 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – July 9, 2013 $3,894,114.74 General Fund Amount – Bills list $372,164.19 General Fund Amount – Advanced * $130,421.26 General Fund Amount – Supplemental list $ 0.00 General Fund Total: $502,585.45 *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 End May 31, 2013 $ 125,260.65 Attachments: Bills Lists, May Credit Card Transactions For City Council meeting of July 8, 2013 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 63 of 994 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/09/13PERIOD ENDING 00100 GENERAL ACCOUNT 100 GENERAL FUND ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 100.41233 ALL HANDS FIRE EQUIPMENT LLC PARATECH FIRE EQUIPMENT 500.00 100.21639 EYE MED VISION CARE MONTHLY INVOICE 2,911.34 100.22730 BANK OF AMERICA COMMERCIAL CARD *PURCHASING CARD-MAY 2013 125,260.65 100.21640 GUARDIAN MONTHLY INVOICE 12,870.44 100.21650 NATIONAL GUARDIAN LIFE INSURANCE MONTHLY INVOICE 339.39 100.21640 METLIFE SMALL BUSINESS CENTER MONTHLY INVOICE 19,130.97 161,012.79 1300 CITY COUNCIL 1300.62360 METROPOLITAN MAYORS CAUCUS *2013-2013 ANNUAL DUES 2,607.01 1300.62285 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 99.14 2,706.15 1400 CITY CLERK 1400.62457 MUNICODE SUPPLEMENT PAGES 1,983.47 1,983.47 1505 CITY MANAGER 1505.64540 AT & T MOBILITY WIRELESS SERVICE 154.87 1505.62295 BOBKIEWICZ, WALTER REIMB. TRAVEL & SUPPLIES 115.63 1505.65095 BOBKIEWICZ, WALTER REIMB. TRAVEL & SUPPLIES 99.99 370.49 1510 PUBLIC INFORMATION 1510.62210 ON TRACK FULFILLMENT INC.POST CARDS 145.00 1510.62205 EVANSTON PHOTOGRAPHIC STUDIOS PHOTOGRAPHY-SWEARING IN 125.00 270.00 1535 SUSTAINABILTY GRANT 1535.65125 QUARTET COPIES GREEN BALL POSTS 129.00 129.00 1705 LEGAL ADMINISTRATION 1705.65010 WEST GROUP PAYMENT CTR INFORMATION CHARGES 376.00 1705.65010 WEST GROUP PAYMENT CTR INFORMATION CHARGES 775.45 1705.65010 WEST GROUP PAYMENT CTR INFORMATION CHARGES 253.00 1705.65010 WEST GROUP PAYMENT CTR INFORMATION CHARGES 256.02 1705.62509 BRUNNER, SUSAN D HEARING OFFICER 2,520.00 1705.62509 HANSEN, ANJANA HEARING OFFICER 1,290.00 1705.62509 GREENSPAN, JEFFREY D HEARING OFFICER 1,770.00 1705.62509 EX, MITCHELL C.HEARING OFFICER 1,530.00 8,770.47 1905 ADM.SERVICES- GENERAL SUPPORT 1905.62185 ACCOUNTEMPS COLLECTION COORDINATOR 1,200.00 1905.62185 OFFICE TEAM ADMINISTRATIVE ASSISTANT 1,278.75 1905.62185 ACCOUNTEMPS COLLECTION COORDINATOR 1,200.00 1905.62185 OFFICE TEAM ADMINISTRATIVE ASSISTANT 1,245.75 4,924.50 1910 FINANCE DIVISION - REVENUE 1910.62449 DUNCAN PARKING TECHNOLOGIES 2012 CITATIONS 30,891.92 *Advanced Payment 164 of 994 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/09/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 1910.51620 COOK COUNTY RECORDER OF DEEDS RECORDINGS 5.00 1910.62431 GARDA CL GREAT LAKES, INC.MONTHLY INVOICE 4.47 1910.64541 AZAVAR TECHNOLOGIES UTILITY TAX AUDIT 51.92 1910.62449 DUNCAN PARKING TECHNOLOGIES 2012 CITATIONS 30,459.47 61,412.78 1920 FINANCE DIVISION - ACCOUNTING 1920.62205 PIONEER PRESS *TREASURER'S REPORT 2,553.60 1920.62110 ACCOUNTEMPS ACCOUNTING SERVICES 725.00 1920.62110 ACCOUNTEMPS ACCOUNTING SERVICES 877.25 1920.62110 ACCOUNTEMPS ACCOUNTING SERVICES 833.75 4,989.60 1925 FINANCE DIVISION - PURCHASING 1925.65095 OFFICE DEPOT OFFICE SUPPLIES PURCHASING 22.90 22.90 1929 HUMAN RESOURCE DIVISION 1929.62310 WE COMPLY, INC ANNUAL SUBSCRIPTION 6,881.60 1929.62509 EAP CONSULTANTS, INC.MONTHLY INVOICE 1,013.82 1929.62512 VOORHEES ASSOCIATES RECRUITMENT 5,010.19 1929.62512 VOORHEES ASSOCIATES RECRUITMENT ASST. DIRECTOR 3,334.00 1929.62512 LAW BULLETIN PUBLISHING COMPANY RECRUITMENT-ATTORNEY 192.00 1929.62274 I/O SOLUTIONS, INC 2013 SERGEANT ASSESSMENT 7,270.00 1929.62512 QUARTET COPIES FIREFIGHTER RECRUITMENT BROCH.270.00 23,971.61 1932 INFORMATION TECHNOLOGY DIVI. 1932.65615 COMCAST CABLE COMMUNICATION CHARGES 217.12 1932.65615 COMCAST CABLE COMMUNICATION CHARGES-MAY 121.22 1932.65555 DLT SOLUTIONS RENEWAL-LINUX SERVER 2,192.00 1932.65615 ILLINOIS DEPARTMENT OF CENTRAL COMMUNICATION CHARGES 1,925.00 1932.65615 ILLINOIS DEPARTMENT OF CENTRAL COMMUNICATION CHARGES-APRIL 1,925.00 1932.65095 OFFICE DEPOT OFFICE SUPPLIES (TONER) IT 1,398.72 1932.65615 COMCAST CABLE COMMUNICATION CHARGES-MAY 330.98 1932.62340 SOURCE DIRECT IRIS HARDWARE OS SUPPORT 1,081.20 1932.62380 CHICAGO OFFICE TECHNOLOGY GROUP COPIER MAINT. AGREEMENT 2,373.65 1932.62380 CHICAGO OFFICE TECHNOLOGY GROUP COPIER MAINT. AGREEMENT-MAY 2,459.54 1932.65555 CDW GOVERNMENT INC.RICOH AFICIO 3,700.77 1932.65615 COMCAST COMMUNICATION CHARGES-CABLE 198.85 1932.62340 SOURCE DIRECT IRIS HARDWARE OS SUPPORT 4,324.80 22,248.85 1941 PARKING ENFORCEMENT & TICKETS 1941.62451 KOHN, CHERYL TOW REFUND 40.00 1941.52505 LANER, JANE REFUND TICKET 700492268 20.00 1941.52505 ARCENEAUX, MICHAEL REFUND TICKET 6946786 15.00 1941.52505 SIMON, ROGER REFUND TICKET 700488664 15.00 90.00 1999 FINANCIAL & HR SYSTEM 1999.65570 NEW WORLD SYSTEMS CONFIGURATION TRIP 2,730.57 2,730.57 *Advanced Payment 265 of 994 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/09/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2105 PLANNING & ZONING 2105.65625 CENTRAL RUG & CARPET CO.PROVIDE FLOOR FINISHING PER 975.00 2105.62185 PARSONS BRINCKERHOFF (FKA PB A MAIN ST TRANS-ORIENT STUDY/RTA 19,266.42 2105.62285 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 40.82 2105.65095 OFFICE DEPOT 2013 OFFICE SUPPLIES BU 2105 6.75 2105.62285 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 104.98 20,393.97 2126 BUILDING INSPECTION SERVICES 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTIONS 50.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTIONS 525.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTIONS 80.00 2126.62295 BOOKER, CHRISTOPHER MILEAGE TO TESTING 238.54 2126.62464 LAMBERG, BRIAN K INSPECTION SERVICES 500.00 1,393.54 2205 POLICE ADMINISTRATION 2205.62360 NORTHERN ILLINOIS POLICE ALARM LANGUAGE LINE SERVICE 25.10 2205.65085 EVANSTON IMPRINTABLES,INC.CLOTHING 666.70 2205.62225 BEST TECHNOLOGY SYSTEMS, INC SUPPLY & INSTALL HEPA FILTERS 6,890.00 2205.62185 ALEXANDER WEISS CONSULTING, LL DEPLOYMENT STUDY 10,000.00 2205.68205 NATIONAL AWARD SERVICES INC ENGRAVING PLAQUE 20.00 17,601.80 2210 PATROL OPERATIONS 2210.65020 J. G. UNIFORMS, INC BODY ARMOR 862.00 2210.65020 J. G. UNIFORMS, INC BODY ARMOR 830.00 2210.65020 J. G. UNIFORMS, INC BODY ARMOR 886.00 2210.65020 ALL HANDS FIRE EQUIPMENT LLC PARATECH FIRE EQUIPMENT 2,899.85 5,477.85 2240 POLICE RECORDS 2240.65095 MSF GRAPHICS, INC.LOCK UP CARDS 274.00 274.00 2245 COMMUNICATIONS 2245.64540 NEXTEL EQUIPMENT 139.98 139.98 2250 SERVICE DESK 2250.65125 LAPORT INC JANITORIAL SUPPLIES 1,499.60 1,499.60 2251 311 CENTER 2251.64505 ALLEGRA PRINT & IMAGING FLYERS 345.00 2251.64505 ALLEGRA PRINT & IMAGING BUCK SLIP 398.00 2251.64505 AT & T MOBILITY WIRELESS BILL 53.95 2251.64505 AT & T 8100 311 SERVICE 399.62 1,196.57 2255 OFFICE-PROFESSIONAL STANDARDS 2255.61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 50.40 2255.61055 NET TRANSCRIPTS, INC. TRANSCRIPTS 23.10 73.50 *Advanced Payment 366 of 994 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/09/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2260 OFFICE OF ADMINISTRATION 2260.62295 NORTH EAST MULTI-REGIONAL 40 HOUR LAW REVIEW 100.00 2260.62295 MOORE, THOMAS J MEALS MOTORCYLE CERT.200.00 2260.62295 NORTHWESTERN UNIVERSITY TRAFFIC CRASH RECONSTRUCTION 1,900.00 2260.62295 NORTHEASTERN ILLINOIS PUBLIC DRIVER SIMULATION TRAINING 100.00 2260.62295 NORTH EAST MULTI-REGIONAL INTERVIEW & INTERROGATION 250.00 2260.62295 NORTH EAST MULTI-REGIONAL INTERVIEW & INTERROGATION 800.00 2260.62295 SAMSON, STANLEY G MEALS MOTORCYLE CERT.200.00 3,550.00 2270 TRAFFIC BUREAU 2270.65085 MUNICIPAL ELECTRONICS INC REPAIR STALKER DUAL AMP 59.83 2270.65085 L3 COMMUNICATIONS CABLE AND TRANSFORMER 283.50 2270.65125 J. G. UNIFORMS, INC RAIN COATS & PANTS 355.35 2270.65085 CDS OFFICE TECHNOLOGIES PANASONIC WHIP ANTENNA 224.50 2270.65085 UNIFORMITY, INC.NIGHTSTICK 324.16 2270.65085 SQUAD FITTERS HELMETS FOR VEHICLES 544.79 2270.65125 NORTH SHORE TOWING TOWING 110.00 1,902.13 2280 ANIMAL CONTROL 2280.62225 ANDERSON PEST CONTROL PEST CONTROL 52.76 2280.65125 PETSMART PET SUPPLIES 55.93 2280.64015 NICOR 0632 COMMERCIAL HEAT 585.07 693.76 2285 PROBLEM SOLVING TEAM 2285.61055 RING, MARIANNE CONSULTING SERVICES 986.00 2285.61055 RING, MARIANNE CONSULTING SERVICES 1,054.00 2285.61055 RING, MARIANNE CONSULTING SERVICES 1,020.00 3,060.00 2305 FIRE MGT & SUPPORT 2305.65020 UNIFORMITY, INC.UNIFORMS 675.80 2305.65020 AIR ONE EQUIPMENT HELMETS 454.00 2305.65020 AIR ONE EQUIPMENT HELMETS 454.00 2305.65020 ILLINOIS FIRE STORE PPE GLOVES 1,155.00 2305.65125 GALLS INCORPORATED TRAINING TOOL 117.49 2305.65070 FOX VALLEY FIRE & SAFETY ANSUL SERVICE 114.20 2305.65070 FOX VALLEY FIRE & SAFETY ANSUL SERVICE 110.75 2305.65020 EVANSTON IMPRINTABLES,INC.UNIFORMS 1,460.59 2305.65020 UNIFORMITY, INC.UNIFORMS 56.95 2305.65020 UNIFORMITY, INC.UNIFORMS 81.85 2305.65020 UNIFORMITY, INC.UNIFORMS 185.75 2305.65020 UNIFORMITY, INC.UNIFORMS 43.95 2305.65020 UNIFORMITY, INC.UNIFORMS 9.95 2305.65020 UNIFORMITY, INC.UNIFORMS 69.95 2305.65020 UNIFORMITY, INC.UNIFORMS 127.80 2305.65020 UNIFORMITY, INC.UNIFORMS 45.90 2305.65020 UNIFORMITY, INC.UNIFORMS 153.80 2305.65020 UNIFORMITY, INC.UNIFORMS 244.60 2305.65020 UNIFORMITY, INC.UNIFORMS 61.95 *Advanced Payment 467 of 994 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/09/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2305.65020 UNIFORMITY, INC.UNIFORMS 61.95 5,686.23 2310 FIRE PREVENTION 2310.62360 FIRE INVESTIGATORS STRIKE FORC DUES 75.00 2310.62250 ZOLL DATA SYSTEMS EMS SOFTWARE SUPPORT 550.00 625.00 2315 FIRE SUPPRESSION 2315.62295 CASEY, PETER J CERTIFICATION 129.00 2315.65625 W S DARLEY & CO RESCUE TOOLS 567.30 2315.65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 470.73 2315.65040 LAPORT INC JANITORIAL SUPPLIES 411.95 2315.62295 NORTHEASTERN ILLINOIS PUBLIC OFFICER TRAINING 50.00 2315.62295 NORTHEASTERN ILLINOIS PUBLIC FIREFIGHTER TRAINING 600.00 2315.65040 SAM'S CLUB DIRECT FOOD 57.00 2315.65075 EMERGENCY MEDICAL PRODUCTS MEDICAL SUPPLIES 1,291.87 3,577.85 2435 FOOD AND ENVIRONMENTAL HEALTH 2435.65075 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 54.00 2435.62476 OFFICE DEPOT TONER RETURN 74.94- 2435.62476 SPECIALTY PREMIUM GROUP ALUMINUM BIKE BOTTLES 908.64 2435.62476 SPECIALTY PREMIUM GROUP FIRST AID WHEELS 569.98 2435.62477 VERIZON WIRELESS (25505)WIRELESS SERVICE 231.32 2435.62472 IDEXX DISTRIBUTION, INC.TESTING 1,457.21 2435.62471 ADAPCO, INC.ALTOSID WSP PELLETS 657.00 2435.62471 ADAPCO, INC.RAMP WNV TEST KIT (100/KIT)5,416.41 2435.62471 ADAPCO, INC.SHIPPING & HANDLING 25.00 2435.62477 OFFICE DEPOT CARTRIDGE RETURN 18.57- 9,226.05 2440 VITAL RECORDS 2440.65095 MSF GRAPHICS, INC.BIRTH CERTIFICATES 988.00 988.00 2455 COMM.HEALTH PROG.ADMINSTRATION 2455.65095 OFFICE DEPOT OFFICE SUPPLIES 62.14 2455.65110 SAM'S CLUB DIRECT SUPPLIES 40.74 2455.65025 SAM'S CLUB DIRECT FOOD 49.70 152.58 2610 MUNICIPAL SERVICE CENTER 2610.65020 SILK SCREEN EXPRESS, INC.FY2013 AFSCME UNIFORM PURCHASE 294.75 2610.65020 SILK SCREEN EXPRESS, INC.FY2013 AFSCME UNIFORM PURCHASE 45.00 2610.65020 SILK SCREEN EXPRESS, INC.FY2013 AFSCME UNIFORM PURCHASE 62.00 401.75 2640 TRAF. SIG. & ST. LIGHT. MAINT 2640.64006 COMED MONTHLY CHARGES 25.34 25.34 2670 STREET AND ALLEY MAINTENANCE 2670.65055 HEALY ASPHALT FY2013 ASPHALT PURCHASE 529.48 2670.62415 KLF TRUCKING DEBRIS HAULING 1,650.00 *Advanced Payment 568 of 994 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/09/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2670.65055 OZINGA CHICAGO RMC, INC.FY2013 CONCRETE PURCHASE 485.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2013 CONCRETE PURCHASE 603.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2013 CONCRETE PURCHASE 544.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2013 CONCRETE PURCHASE 603.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2013 CONCRETE PURCHASE 565.00 2670.65055 HEALY ASPHALT FY2013 ASPHALT PURCHASE 187.72 2670.65055 HEALY ASPHALT FY2013 ASPHALT PURCHASE 328.12 2670.62509 ZIMMERMAN, RYAN WEATHER FORECASTING 625.00 2670.65055 HEALY ASPHALT FY2013 ASPHALT PURCHASE 104.00 2670.65055 HEALY ASPHALT FY2013 ASPHALT PURCHASE 718.16 6,942.48 3005 REC. MGMT. & GENERAL SUPPORT 3005.62295 SIEMENS BLDG TECHNOLOGIES BAS TRAINING / NEW HIRE 1,995.00 3005.65125 COMCAST CABLE COMMUNICATION SERVICES 19.01 2,014.01 3010 REC. BUS. & FISCAL MGMT 3010.65095 OFFICE DEPOT OFFICE SUPPLIES 185.31 3010.65095 OFFICE DEPOT OFFICE SUPPLIES 228.00 3010.65095 ILLINOIS PAPER COMPANY OFFICE PAPER PRCS 2013 1,355.00 1,768.31 3020 RECREATION GENERAL SUPPORT 3020.62490 BENNISONS BAKERIES REIMBURSE LINK 6/1-22 41.00 3020.62490 BRUNKOW CHEESE REIMBURSE LINK 5/4-6/22 30.00 3020.62490 CRUST & CRUMB REIMBURSE LINK 6/1-22 58.00 3020.62490 GREEN ACRES REIMBURSE LINK 5/4-6/22 41.00 3020.62490 HENRY'S FARM REIMBURSE LINK 6/15-22 239.00 3020.62490 FIRST, JON REIMBURSE LINK 5/4-6/22 30.00 3020.62490 NICHOLS FARM & ORCHARD REIMBURSE LINK 6/15-22 35.00 3020.62490 SWEETY PIES BAKERY CAKERY CAFE REIMBURSE LINK 6/1-22 54.00 3020.62490 TERESA'S FRUIT AND HERBS REIMBURSE LINK 6/15-22 52.00 3020.62490 D & H FARMS REIMBURSE LINK 5/4-6/22 24.00 3020.62490 LAKE BREEZE ORGANICS REIMBURSE LINK 6/15-22 90.00 694.00 3025 PARK UTILITIES 3025.64005 COMED MONTHLY CHARGES 88.88 3025.64005 COMED MONTHLY CHARGES 86.24 3025.64005 COMED MONTHLY CHARGES 66.56 3025.64005 COMED MONTHLY CHARGES 51.97 3025.64005 COMED MONTHLY CHARGES 210.08 3025.64005 COMED MONTHLY CHARGES 27.55 3025.64005 COMED MONTHLY CHARGES 134.02 3025.64005 COMED MONTHLY CHARGES 32.54 3025.64015 NICOR 0632 MONTHLY CHARGES 37.81 3025.64015 NICOR 0632 MONTHLY CHARGES 59.75 3025.64005 COMED MONTHLY CHARGES 146.88 3025.64005 COMED MONTHLY CHARGES 178.27 3025.64005 COMED MONTHLY CHARGES 256.46 3025.64005 COMED MONTHLY CHARGES 302.37 *Advanced Payment 669 of 994 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/09/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3025.64005 COMED MONTHLY CHARGES 33.64 3025.64005 COMED MONTHLY CHARGES 1,177.66 3025.64005 COMED MONTHLY CHARGES 37.52 3025.64005 COMED MONTHLY CHARGES 63.42 3025.64005 COMED MONTHLY CHARGES 42.54 3025.64005 COMED MONTHLY CHARGES 27.32 3025.64005 COMED MONTHLY CHARGES 25.89 3025.64005 COMED MONTHLY CHARGES 31.77 3,119.14 3030 CROWN COMMUNITY CENTER 3030.65025 SAM'S CLUB DIRECT SNACK 50.74 3030.65025 SAM'S CLUB DIRECT SNACK 10.62 3030.62375 JEAN'S GREENS, INC.PLANT MAINTENANCE 50.00 3030.65025 SAM'S CLUB DIRECT RETURNS 6.47- 3030.65025 SAM'S CLUB DIRECT SNACK 102.08 3030.65025 SAM'S CLUB DIRECT RETURNS 64.06- 3030.65025 SAM'S CLUB DIRECT MILK 11.88 3030.65025 SAM'S CLUB DIRECT PIZZA 35.96 3030.65025 SAM'S CLUB DIRECT MILK 11.88 3030.65025 SAM'S CLUB DIRECT RETURNS 12.15- 190.48 3035 CHANDLER COMMUNITY CENTER 3035.62505 3 POINT ATHLETICS YOUTH BASKETBALL INSTRUCTION 2,452.50 3035.62507 PAR-KING NORTH SPORTS CAMP DEPOSIT FIELD TRIP 400.00 3035.62507 CLASSIC BOWL SPORT CAMP FIELD TRIP 204.00 3035.62507 CLASSIC BOWL PEEWEE SPORT CAMP FIELD TRIP 112.00 3035.62507 XTREME TRAMPOLINES SPORTS CAMP FIELD TRIP 358.00 3035.62507 CLASSIC BOWL SPORT CAMP FIELD TRIP 212.00 3035.62507 CLASSIC BOWL SPORT CAMP FIELD TRIP 208.00 3035.62507 CLASSIC BOWL SPORT CAMP FIELD TRIP 192.00 3035.62507 NOVELTY GOLF & GAMES SPORT CAMP FIELD TRIP 208.00 3035.62507 PAR-KING NORTH SPORTS CAMP DEPOSIT FIELD TRIP 400.00 3035.62507 PAR-KING NORTH SPORT CAMP FIELD TRIP 180.00 3035.65110 SAM'S CLUB DIRECT CAMP SUPPLIES 389.84 3035.62507 CLASSIC BOWL SPORT CAMP FIELD TRIP 104.00 5,420.34 3040 FLEETWOOD JOURDAIN COM CT 3040.65110 SAM'S CLUB DIRECT SUMMER FOOD PROGRAM 103.20 3040.65110 SAM'S CLUB DIRECT CAMP SUPPLIES 130.74 3040.65095 OFFICE DEPOT OFFICE SUPPLIES 119.40 3040.65025 CATHOLIC CHARITIES OF CHICAGO SENIOR CONGREGATE MEAL 789.95 3040.65040 LAPORT INC JANITORIAL SUPPLIES 647.97 3040.65110 CINTAS #769 MAT SERVICE 153.64 3040.65110 COMCAST CABLE COMMUNICATION CHARGES 101.12 2,046.02 3045 FLEETWOOD/JOURDAIN THEATR 3045.62511 EXTREME REACH, INC.SPOKEN WORD WORKSHOP 967.68 3045.62505 SECOND CITY, INC.IMPROV WORKSHOP 16 TEENS 485.00 *Advanced Payment 770 of 994 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/09/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3045.62511 MORGAN, PHILLIP KARAOKE OPERATOR LOVEBOAT 5/25 150.00 3045.62511 RUSSELL, JOI-ANISSA PERFORMER STIPEND FOR COLORED 365.00 3045.62511 CLUNIE, BASIL PHOTOGRAPHER FJT SUMMER 2013 250.00 3045.62511 GOODING, JARED LIGHT DESIGN FJT SUMMER 13 320.00 3045.62511 JOY, NATALIE STAGE MNGR DRAMATIC READING 100.00 3045.62511 FORELLA, JESSICA STG MGR WOZA ALBERT 800.00 3045.62511 LAMONA, ELISABETH COSTUME DESIGN WOZA ALBERT 320.00 3045.62511 RODMAN, KELLY OWENS PERFORMER STIPEND FOR COLORED 365.00 3045.62511 HUMPHREY, AAYISHA PERFORMER STIPEND FOR COLORED 365.00 3045.62511 DAVIDSON, CATHERINE PERFORMER STIPEND FOR COLORED 365.00 3045.62511 ROSENBERG, MARLENE MUSICAL COMPOSER FJT FOR COLOR 645.00 3045.62511 JOY, EBONY PERFORMER STIPEND FOR COLORED 560.00 3045.62511 NICOLE, MICHAELE PERFORMER STIPEND FOR COLORED 365.00 3045.62511 SULLIVAN, ELANA ELYCE PERFORMER STIPEND FOR COLORED 365.00 3045.62511 MONTENEGRO, MICHAEL SCENIC DESIGN WOZA ALBERT 350.00 3045.62511 GOODING, JARED LIGHTING DESIGN WOZA ALBERT 640.00 3045.62511 FIELDS, ARMAND PERFORMER STIPEND WOZA ALBERT 195.00 3045.62511 CHILDRESS, JOYCE PERFORMER STIPEND DRAMATIC READING 100.00 8,072.68 3050 RECREATION OUTREACH PROGRAM 3050.62205 GENERATION COPY INC SUMMER FOOD FLYERS/MENU PRINT 362.00 3050.62505 DYKES, ALEX AFTERSCHOOL/CAMP INSTRUCTION 240.00 3050.62490 PAYNE, CHUBBY GARDENING PLAN/SUPERVISE/COORD 450.00 1,052.00 3055 LEVY CENTER SENIOR SERVICES 3055.62511 COMCAST CABLE COMMUNICATION CHARGES 132.81 3055.65110 CITY OF EVANSTON - PETTY CASH PETTY CASH REIMBURSEMENT 397.92 3055.62505 KOPPEL, SOL D.SENIOR BRIDGE CLASS INSTRUCTION 300.00 3055.62505 HESTER, JANICE M TAKE CHARGE HEALTH CO-FACILITATE-APRIL 200.00 3055.62695 303 TAXI REIMBURSE TAXI COUPONS 2149 12,894.00 3055.62695 AMERICAN CHARGE SERVICE REIMBURSE TAXI COUPONS 103 618.00 3055.62695 BEST TAXI REIMBURSE TAXI COUPONS 507 3,042.00 3055.65020 WILL ENTERPRISES LEVY STAFF TSHIRTS 255.68 3055.65040 LAPORT INC JANITORIAL SUPPLIES BLANKET 803.42 3055.62505 JANKIEWICZ, MALGORZATA 8 WEEK BEADING CLASS INSTRUCT 602.00 3055.62210 ALLEGRA PRINT & IMAGING JUNE/JULY LEVY NEWS PRINTING 556.00 3055.62505 HESTER, JANICE M TAKE CHARGE HEALTH CO-FACILITATE-JUNE 200.00 3055.65025 CATHOLIC CHARITIES OF CHICAGO SENIOR CONGREGATE MEAL 3,010.35 3055.65050 CHEMCRAFT INDUSTRIES, INC.CLEANING CHEMICALS ADDTL FUNDS 385.16 3055.62245 KRANZ, INC.BATTERIES 843.80 24,241.14 3080 BEACHES 3080.64015 NICOR 0632 MONTHLY CHARGES 39.95 3080.64015 NICOR 0632 MONTHLY CHARGES 32.97 3080.64015 NICOR 0632 MONTHLY CHARGES 65.39 3080.64015 NICOR 0632 MONTHLY CHARGES 68.21 206.52 3085 RECREATION FACILITY MAINT *Advanced Payment 871 of 994 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/09/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3085.65040 LAPORT INC JANITORIAL SUPPLIES 544.28 3085.65040 LAPORT INC JANITORIAL SUPPLIES 958.20 3085.65040 LAPORT INC JANITORIAL SUPPLIES 115.65 3085.65040 LAPORT INC JANITORIAL SUPPLIES 432.40 2,050.53 3095 CROWN ICE RINK 3095.62245 MCCAULEY MECHANICAL SERVICE REPAIR AIR UNIT MAIN LOBBY 561.00 3095.62375 JEAN'S GREENS, INC.PLANT MAINTENANCE 50.00 3095.65110 SAM'S CLUB DIRECT SUPPLIES 260.93 3095.65110 SAM'S CLUB DIRECT SPRING ICE SHOW 53.07 3095.65110 SAM'S CLUB DIRECT SUPPLIES 149.98 3095.65025 SAM'S CLUB DIRECT FOOD 75.44 3095.62245 JORSON & CARLSON BLADE SHARPENING 35.49 1,185.91 3105 AQUATIC CAMP 3105.65110 WINDWARD BOATWORKS, INC.REPLACE SAILBOAT PARTS 319.50 3105.65110 FOX DUFFLES REPAIR OF BARNETT SAILS 55.00 374.50 3110 TENNIS 3110.62505 EVANSTON TOWNSHIP HIGH SCHOOL INDOOR TENNIS COURT RENTAL 4,415.00 3110.62505 EVANSTON TOWNSHIP HIGH SCHOOL INDOOR TENNIS COURT RENTAL 1,500.00 3110.65110 BSN SPORTS SPORTS EQUIPMENT 235.97 3110.62505 E-TOWN TENNIS INSTRUCTION TENNIS PROGRAMS 14,299.30 20,450.27 3130 SPECIAL RECREATION 3130.65025 SAM'S CLUB DIRECT STAFF TRAINING 9.78 3130.65110 SAM'S CLUB DIRECT STAFF TRAINING 9.78 3130.65110 SAM'S CLUB DIRECT SUMMER GAMES 126.49 146.05 3155 GOLF 3155.62505 3 POINT ATHLETICS YOUTH GOLF INSTRUCTION 4,853.55 4,853.55 3205 COMMUNITY RELATIONS 3205.64005 COMED MONTHLY CHARGES 116.67 116.67 3505 PARKS & FORESTRY GENERAL SUP 3505.65010 EVANSTON SIGNS & GRAPHICS, INC "LOVE EVANSTON TREES" BANNER 168.00 3505.64540 NEXTEL EQUIPMENT 69.99 237.99 3510 HORTICULTURAL MAINTENANCE 3510.65015 CLEAN CITY INNOVATIONS, LLC PARKS CLEANING SUPPLIES 324.00 3510.62199 MELLOW BROTHERS PAINTING CO., ROSE GARDEN FOUNTAIN PAINTING 1,032.20 3510.62195 NATURE'S PERSPECTIVE CALLAN AVENUE EMBANKMENT 232.00 3510.62199 LURVEY LANDSCAPE SUPPLY PLANTINGS 120.00 3510.62199 NUTOYS LEISURE PRODUCTS SPRING PIN 19.70 3510.62199 LURVEY LANDSCAPE SUPPLY PLANTINGS 57.50 1,785.40 *Advanced Payment 972 of 994 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/09/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3515 PARKWAY TREE MAINTENANCE 3515.65085 CINTAS FIRST AID & SUPPLY 16 UNIT METAL KIT 42.53 42.53 3605 ECOLOGY CENTER 3605.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 60.72 3605.65095 OFFICE DEPOT CARTRIDGE RETURN 31.49- 3605.64005 COMED MONTHLY CHARGES 160.48 3605.65095 OFFICE DEPOT OFFICE SUPPLIES 241.64 431.35 3610 ECO-QUEST DAY CAMP 3610.62507 NORTHWEST PASSAGE OVER NIGHT CAMP TRIP 7,072.50 7,072.50 3720 CULTURAL ARTS PROGRAMS 3720.62509 PERRY, BARBARA ANN POETRY WKSHP ETHNIC ARTS FEST 375.00 3720.62507 TALL SHIP ADVENTURES OF CHICAGO PIRATE CAMP FIELD TRIP 7/11 170.00 3720.62511 PRAVDA RECORDS, INC.STARLIGHT CONCERT EXPO 76 7/9 1,000.00 3720.62511 BAREFOOT HAWAIIAN, INC. THE ETHNIC ARTS FEST PERFORMANCE 800.00 3720.62511 BOLLYWOOD GROOVE ETHNIC ARTS FEST PERFORMANCE 600.00 3720.62511 SICULAR, EVE DBA METROPOLITAN ETHNIC ARTS FEST PERFORMANCE 1,000.00 3720.62511 WANAFRIKA PRODUCTION ETHNIC ARTS FEST PERFORMANCE 1,000.00 3720.62509 MARY CHRISTINA STASNY ETHNIC ARTS STAGE MANAGER 300.00 3720.62511 OLD TOWN SCHOOL OF FOLK MUSIC ETHNIC ARTS FEST PERFORMANCE 350.00 3720.62509 KEEVA, ANNA ETHNIC ARTS FAMILY ARTS LEADER 375.00 3720.62509 GAURI RENDALKAR MEHNDI INSTR ETHNIC ARTS FEST 375.00 3720.62509 SLAJUVIENE, INGRIDA LITHUANIAN FLK ETHNIC ARTS FST 190.00 3720.62511 OCCIDENTAL BROTHERS MUSIC LTD ENTERTAINER ETHNIC FESTIVAL 2,500.00 3720.62500 HEWITT, PAUL SOUND SYSTEM & ENGINEER 2,250.00 3720.62509 CALDERON, DAYNA EHTNIC FESTIVAL COORDINATOR 2,200.00 3720.62509 SMITH, ROBERT ORIGAMI INST FAMILY ARTS ETHNI 375.00 3720.62511 CHIRIBOGA, DAVID ETHNIC ARTS FEST PERFORMANCE 800.00 3720.62511 EICHEL, JILLIAN ETHNIC ARTS FEST PERFORMANCE 300.00 3720.62511 KALAPRIYA ETHNIC ARTS FEST PERFORMANCE 500.00 3720.62511 MAGIC CARPET MUSIC, LLC ETHNIC ARTS FEST PERFORMANCE 1,200.00 3720.62511 PHILIPPINE AMERICAN CULTURAL ETHNIC ARTS FEST PERFORMANCE 650.00 3720.62509 BROWN, JANICE FACE PAINTING ETHNIC ARTS FEST 400.00 3720.62509 RIVERA, GUILLERMO FAMILY ARTS ETHNIC ARTS FEST 400.00 3720.62509 LADEN, BLAIR FACE PAINTING ETHNIC ARTS FEST 400.00 3720.62511 SOUL CREATIONS ETHNIC ARTS FEST PERFORMANCE 450.00 3720.62509 RIVERA, RACHEL WEAVER FAMILY ARTS ETHNIC ARTS FEST 190.00 3720.62511 VIETS-VANLEAR, NATHANIEL P.CHINESE ARTS WORKSHOPS 7/22 300.00 3720.62511 KABABIK, MARY QUEEN ELIZABETH CMP APPEARANCE 250.00 3720.62509 GLOBAL EXPLORERS KIDS FAMILY ARTS ETHNIC ARTS FEST 400.00 3720.62511 INDONESIAN PERFORMING ARTS ETHNIC ARTS FEST PERFORMANCE 400.00 3720.62210 NICKOCORP ETHNIC ARTS FEST POSTERS 146.25 3720.62509 HAMLIN, REBECCA FAMILY ARTS ETHNIC ARTS FEST 375.00 3720.62511 ELLENSTEIN, JAN COORDINATOR FAMILY ARTS EAFEST 900.00 3720.62511 THE SHAKESPEARE PROJECT ARTS CAMP ACTIVITY 7/3 425.00 3720.62511 MORRIS, THEA CAMP STAFF FIRST AID TRAINING 700.00 3720.62511 KUUMBA LYNX ETHNIC ARTS FEST PERFORMANCE 1,200.00 *Advanced Payment 1073 of 994 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/09/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3720.62511 PROJECT DANZTHEATRE COMPANY ETHNIC ARTS FEST PERFORMANCE 500.00 3720.62210 NICKOCORP STARLIGHT CONCERT POSTERS 82.50 3720.62511 MEXICAN FOLKLORIC DANCE CO. ETHNIC ARTS FEST PERFORMANCE 500.00 3720.62511 MATUTO ETHNIC ARTS FEST PERFORMANCE 2,500.00 3720.62210 ALLEGRA PRINT & IMAGING SUMMER EVENT CALENDARS 1,500.00 3720.65110 SAM'S CLUB DIRECT ARTS CAMP SUPPLIES 279.51 3720.65110 SAM'S CLUB DIRECT ARTS CAMP SUPPLIES 251.58 29,859.84 3805 FACILITIES ADMINISTRATION 3805.62376 NICOR 0632 MONTHLY CHARGES 1,000.53 3805.64540 NEXTEL EQUIPMENT 99.99 1,100.52 3807 CONSTRUCTION AND REPAIRS 3807.65050 BRANIFF COMMUNICTIONS INC REPAIR CITY WARNING SIREN # 4 3,538.04 3,538.04 502,585.45 00195 NEIGHBOR.STABILIZATION PROGRAM 5006 PROGRAM DELIVERY 5006.62205 EVANSTON ROUND TABLE LLC AD LIVEEVANSTON 492.00 5006.62205 EVANSTON ROUND TABLE LLC AD LIVEEVANSTON-COLOR 620.00 1,112.00 1,112.00 00205 EMERGENCY TELEPHONE SYSTEM 5150 EMERGENCY TELEPHONE SYSTM 5150.65625 NETMOTION WIRELESS NETMOTION WIRELESS SUPPORT 15,937.50 5150.62509 SUNGARD PUBLIC SECTOR, INC. SW LIC & SERV AGREEMENT RENEW 71,467.92 5150.62509 IRON MOUNTAIN OSDP OFF-SITE DATA PROTECTION 380.73 87,786.15 87,786.15 00215 CDBG FUND 5205 TARGETED CODE ENFORCEMENT 5205.62770 TEPIC LANDSCAPING, INC.YARD CLEANING 1319 MCDANIEL 900.00 5205.62770 TEPIC LANDSCAPING, INC.SHOVEL PUBLIC WALKWAYS 220.00 1,120.00 1,120.00 00220 CD LOAN FUND 5280 CD LOAN 5280.62190 EQUIFAX CREDIT DUAL REPORT 5.74 5.74 5.74 00225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 5300.62605 NOMAD DREAM LLC CONST. LOAN 1818 DEMPSTER 30,000.00 5300.62995 NYDEN, JOHANNA REIMB. ECONOMIC DEV. COUNCIL 212.09 5300.62490 LOOPNET, INC.LOOPNET SETUP FEE 550.00 *Advanced Payment 1174 of 994 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/09/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 5300.62136 PARSONS BRINCKERHOFF (FKA PB A MAIN ST TRANS-ORIENT STUDY/RTA 4,816.61 35,578.70 35,578.70 00320 DEBT SERVICE FUND 5700 2008D (1999 REFINAN.) GO BONDS 5700.62350 WELLS FARGO BANK GO SERIES 2008D 250.00 250.00 250.00 00415 CAPITAL IMPROVEMENTS FUND 415175 CIVIC CTR RENOVATIONS 415175.65510 CENTRAL RUG & CARPET CO.INSTALL NEW OAK FLOORING 1,860.00 1,860.00 415176 CIVIC CTR PRK LOT LIGHTING IMP 415176.65653 JASCO ELECTRIC CORPORATION CIVIC CENTER PARKING LOT 21,817.82 21,817.82 415602 LEVY HVAC REPLACEMENT 415602.62145 NESTBUILDERS, INC 2013 HVAC IMPROVEMENTS 9,172.01 9,172.01 415663 NOYES ROOF PROJECT 415663.65511 CHICAGO SCAFFOLDING, INC.PROTECTIVE SCAFFOLDING SERVICE 680.00 680.00 415854 ALLEY PAVING - CITY SHARE 415854.65515 COOK COUNTY RECORDER OF DEEDS RECORDINGS 120.00 120.00 416144 POLICE & FIRE ROOF REPLACEMENT 416144.62145 NESTBUILDERS, INC 2013 HVAC IMPROVEMENTS 9,172.01 9,172.01 42,821.84 00505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 7005.62431 GARDA CL GREAT LAKES, INC.MONTHLY INVOICE 2,693.99 2,693.99 7015 PARKING LOTS & METERS 7015.62375 CHICAGO TRANSIT AUTHORITY MONTHLY INVOICE-LOT 19 990.00 990.00 7025 CHURCH STREET GARAGE 7025.53515 SCHWARZ, MARVIN ACCESS CARD REFUND 25.00 7025.53515 MARTIN, DEIRDRE ACCESS CARD REFUND 25.00 7025.53515 MOSS, GAIL ACCESS CARD REFUND 25.00 7025.53515 OBUCHI, FUMINARI ACCESS CARD REFUND 25.00 7025.68205 SIMPLEX GRINNELL REPAIR ALARM PULL SWITCH 154.09 7025.62509 LIONHEART ENGINEERING P.C.ANNUAL SERVICE-CHURCH 1,448.39 7025.53515 STRAUSS, DEVON ACCESS CARD REFUND 25.00 7025.53515 MATHER LIFEWAYS ACCESS CARD REFUND 50.00 7025.53515 THARWANI, SHAZIA ACCESS CARD REFUND 25.00 *Advanced Payment 1275 of 994 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/09/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7025.53515 KOREN, DAVID ACCESS CARD REFUND 25.00 7025.53515 GRAY, GABRIELLE ACCESS CARD REFUND 25.00 7025.53515 LEE, EDWIN ACCESS CARD REFUND 25.00 7025.53515 LYNCH, DAVID ACCESS CARD REFUND 25.00 7025.53515 DOYLE, JENNIFER A.ACCESS CARD REFUND 25.00 7025.53515 PIETRZTROWSKI, MORT A.ACCESS CARD REFUND 25.00 1,952.48 7036 SHERMAN GARAGE 7036.53515 GALINA, JOHN & BARBARA ACCESS CARD REFUND 25.00 7036.53515 HILTON, DUANE ACCESS CARD REFUND 25.00 7036.53515 COHN, BETH ACCESS CARD REFUND 25.00 7036.53515 MIKALAUSKIS, SUSAN ACCESS CARD REFUND 25.00 7036.53515 HUFF, MICHAEL ACCESS CARD REFUND 25.00 7036.53515 STENANDER, SUSAN ACCESS CARD REFUND 25.00 7036.53515 OLIVER, ZACK ACCESS CARD REFUND 25.00 7036.53515 BROWN, BRIAN ACCESS CARD REFUND 25.00 7036.53515 LIPPMAN, RITA ACCESS CARD REFUND 50.00 7036.53515 RIVERA, ADRIANNA ACCESS CARD REFUND 25.00 7036.53515 FAY, NESSICA ACCESS CARD REFUND 25.00 7036.53515 GODHRAWALA, ZARINA ACCESS CARD REFUND 25.00 7036.62509 SIMPLEX GRINNELL EMERGENCY CALL 1,078.00 7036.62509 LIONHEART ENGINEERING P.C.ANNUAL SERVICE-SHERMAN 3,608.67 7036.62509 LIONHEART ENGINEERING P.C.BATTERIES REPLACEMENT 309.80 7036.53515 LESS, LOLA ACCESS CARD REFUND 25.00 7036.62509 SIMPLEX GRINNELL FIRE ALRAM & SPRINKLER SERVICE 9,525.00 7036.53515 FLANIGAN, CAROLINE ACCESS CARD REFUND 25.00 7036.53515 HOLTZBLATT, MARK ACCESS CARD REFUND 25.00 7036.53515 KHAN, SHARMEEN ACCESS CARD REFUND 25.00 7036.53515 HARTMAN, ELIZABETH ACCESS CARD REFUND 25.00 7036.53515 GALLEGOS, CARLOS M.ACCESS CARD REFUND 25.00 7036.53515 SCHLITT, JEFF ACCESS CARD REFUND 25.00 7036.53515 STOKOLS, BRUCE B.ACCESS CARD REFUND 25.00 7036.53515 ARCE, RACHEL ACCESS CARD REFUND 25.00 7036.53515 BISHOP, WILLIAM ACCESS CARD REFUND 25.00 7036.53515 SHAPIRO, JOSHUA ACCESS CARD REFUND 25.00 7036.53515 POTT, MARTY ACCESS CARD REFUND 25.00 7036.53515 GILLER, MICHAEL ACCESS CARD REFUND 25.00 7036.53515 GASKELL, DANIEL ACCESS CARD REFUND 25.00 7036.53515 SHAKIR, WALI ACCESS CARD REFUND 25.00 7036.53515 SIMMONS, GABRIELLE ACCESS CARD REFUND 25.00 7036.53515 MARTIN, JAMIE ACCESS CARD REFUND 25.00 7036.53515 OTTUM, KARA ACCESS CARD REFUND 25.00 7036.53515 ROSENBERG, ERIC ACCESS CARD REFUND 25.00 7036.53515 POSNER, RISA ACCESS CARD REFUND 25.00 7036.53515 VALCARCEL, JASON ACCESS CARD REFUND 125.00 7036.53515 KELLIE POOLOS / ASINAMALI ACCESS CARD REFUND 25.00 7036.53515 CURRY, ELLEN ACCESS CARD REFUND 25.00 7036.53515 SENNETT, MEGAN ACCESS CARD REFUND 25.00 7036.53515 GREEN ,TERRY ACCESS CARD REFUND 25.00 *Advanced Payment 1376 of 994 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/09/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7036.53515 O'HAGAN, KATIE ACCESS CARD REFUND 25.00 7036.53515 WAY, JACOB ACCESS CARD REFUND 25.00 7036.53515 RAUP, ADINA ACCESS CARD REFUND 25.00 7036.53515 MEDINA, MAGDALENE ACCESS CARD REFUND 25.00 7036.53515 DONOHOE, JENNY ACCESS CARD REFUND 25.00 7036.53515 RAMOS, DANIEL ACCESS CARD REFUND 25.00 7036.53515 MATAKOVIC, FILIP ACCESS CARD REFUND 25.00 7036.53515 GLASER, EMILY ACCESS CARD REFUND 25.00 15,771.47 7037 MAPLE GARAGE 7037.64015 NICOR GAS 632 MONTHLY INVOICE 85.35 7037.62509 LIONHEART ENGINEERING P.C.ANNUAL SERVICE-MAPLE 770.00 7037.53515 MILLER, STEVE ACCESS CARD REFUND 25.00 7037.53515 MCKINLAY, KAREN ACCESS CARD REFUND 25.00 7037.53515 AUSTIN, ZACHARY ACCESS CARD REFUND 25.00 7037.53515 ANDERSON, MARY ACCESS CARD REFUND 25.00 7037.53515 NISSBAUM, WILLIAM ACCESS CARD REFUND 25.00 7037.53515 FITZPATRICK, MADISON ACCESS CARD REFUND 25.00 7037.53515 PRICE, J.ACCESS CARD REFUND 50.00 7037.53515 WHITE, GLENN ACCESS CARD REFUND 25.00 7037.53515 CURRAN, LISA ACCESS CARD REFUND 25.00 7037.53515 FOSTER, DANYELLE ACCESS CARD REFUND 25.00 7037.53515 CHEN, SHERRY ACCESS CARD REFUND 25.00 7037.53515 SELVA, SANDRA ACCESS CARD REFUND 25.00 1,180.35 700509 CHURCH STREET GARAGE REPAIRS 700509.65515 BEHLES & BEHLES 2012 PARKING GARAGE ROOF 3,560.00 3,560.00 26,148.29 00510 WATER FUND 7100 WATER GENERAL SUPPORT 7100.62295 BINER, VICKI J REIMB. TRAVEL 92.60 7100.65105 EVANSTON BLUE PRINT CO., INC.ROOF REPLACEMENT SCAN 9.00 7100.64540 NEXTEL EQUIPMENT 99.99 7100.62210 ON TRACK FULFILLMENT INC.PERFORM MAIL 60.00 7100.64505 BYTRONICS, INC. DIG TRACK 124.60 7100.62295 NORTHEASTERN ILLINOIS PUBLIC TRAINING 315.00 7100.62295 LOOKIS, KEVIN G REIMB. WATER WORKS CONF.150.00 7100.53575 FEDERAL EXPRESS CORP.SHIPPING 47.69 898.88 7105 PUMPING 7105.64005 COMED MONTHLY CHARGES 41.34 7105.64005 COMED MONTHLY CHARGES 16.12 7105.64015 NICOR 0632 MONTHLY CHARGES 33.06 90.52 7110 FILTRATION 7110.65015 ALEXANDER CHEMICAL CORPORATION HYDROFLUORSILIC ACID 12,073.60 *Advanced Payment 1477 of 994 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/09/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7110.62245 CARLSEN'S ELEVATOR SERVICES CAT 1 NO LOAD PRESSURE TEST 450.00 7110.62465 UNDERWRITERS LABORATORIES INC. FY 2013 LABORATORY TESTING 50.00 7110.62465 UNDERWRITERS LABORATORIES INC. FY 2013 LABORATORY TESTING 58.00 12,631.60 7115 DISTRIBUTION 7115.65055 G & M TRUCKING, INC.2013 GRANULAR MATERIALS 2,859.71 7115.65055 MID AMERICAN WATER OF WAUCONDA 24"X8" TAPPING SLEEVE & VALVE 1,985.00 4,844.71 7120 WATER METER MAINTENANCE 7120.64540 VERIZON WIRELESS (25505)WIRELESS SERVICE 207.21 207.21 7125 OTHER OPERATIONS 7125.62315 ON TRACK FULFILLMENT INC.PERFORM MAIL 20.46 20.46 18,693.38 00513 WATER-DEPR, IMPROV & EXTENSION 733074 REPAIR ZEBRA MUSSELCONTROL SYS 733074.62140 CAROLLO ENGINEERS, INC WATER PLANT INTAKE IMPR ENG 19,927.00 19,927.00 19,927.00 00515 SEWER FUND 7400 SEWER MAINTENANCE 7400.62415 KLF TRUCKING DEBRIS HAULING 6,964.50 7400.64540 NEXTEL EQUIPMENT 269.99 7,234.49 742515 LARGE DIAMETER SEWER REHAB PH1 742515.65515 INSITUFORM TECHNOLOGIES USA INC LARGE DIAMETER SEWER REHAB 1,185,012.00 1,185,012.00 1,192,246.49 00600 FLEET SERVICES 7705 GENERAL SUPPORT 7705.65095 OFFICE DEPOT OFFICE SUPPLIES FLEET SERVICES 36.59 7705.65095 OFFICE DEPOT OFFICE SUPPLIES FLEET SERVICES 265.67 7705.65095 OFFICE DEPOT OFFICE SUPPLIES FLEET SERVICES 2.55 7705.62235 MIDWEST TIME RECORDER TIME CLOCK MAINTENANCE 110.00 7705.62295 MUNICIPAL FLEET MGRS ASSC MFMA MEETING REGISTRATION 100.00 7705.65095 OFFICE DEPOT OFFICE SUPPLIES FLEET SERVICES 2.71 517.52 7710 MAJOR MAINTENANCE 7710.65060 CUMBERLAND SERVICENTER LOW AIR SWITCH 56.80 7710.65060 DUXLER TIRE & CAR CENTER ALIGNMENT UNIT #60 69.00 7710.65060 GROVER WELDING COMPANY WELD REPAIR GARBAGE TRUCK #736 60.00 7710.65060 HIGH PSI LTD. SHOP REELS 319.90 7710.65060 KUSSMAUL ELECTRONICS CO. SHORE CHOSSER #311 791.12 7710.65060 LAKE/COOK C.V. JOINTS INC SHAFT BALANCE #704 95.00 7710.65060 SIGLER'S AUTOMOTIVE & BODY SHOP BODY REPAIR #262 2,293.40 *Advanced Payment 1578 of 994 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/09/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 SPRING ALIGN OUTSIDE SPRING REPAIR #736 1,350.23 7710.65060 SUBURBAN ACCENTS, INC.POLICE LOGOS - 8 VEHICLES 224.70 7710.65060 SUBURBAN ACCENTS, INC.LOGO AND NUMBER - BOAT #435 75.00 7710.65060 WEST SIDE TRACTOR EMERGENCY BRAKE ASSG # 681 3,164.05 7710.65060 INTERSTATE BATTERY OF NORTHERN BATTERIES - 3 261.96 7710.65045 ILLINOIS SECRETARY OF STATE *POLICE VEHICLE PLATES 60.00 7710.65050 ADVANCED PROCLEAN, INC.MOBILE POWER WASHING SERVICE 1,008.00 7710.65060 CARQUEST EVANSTON HI POP OIL FILTERS 40.12 7710.65060 CARQUEST EVANSTON OIL FILTERS 14.28 7710.65060 CARQUEST EVANSTON FUEL FILTER - HD 159.51 7710.65060 CARQUEST EVANSTON HI POP OIL FILTERS 16.32 7710.65060 CARQUEST EVANSTON AIR FILTER - HD 21.08 7710.65060 CARQUEST EVANSTON CABIN AIR FILTER 44.88 7710.65060 CARQUEST EVANSTON FUEL FILTER - HD 9.86 7710.65060 CARQUEST EVANSTON BLOWER MOTOR RESISTOR 57.64 7710.65060 CARQUEST EVANSTON BRAKE JOB # 528 399.39 7710.65060 CARQUEST EVANSTON BRAKE DUST SHIELD # 528 127.27 7710.65060 CARQUEST EVANSTON SWITCH - STOPLIGHT 9.25 7710.65060 CARQUEST EVANSTON SWAY BAR FRAME 117.06 7710.65060 CARQUEST EVANSTON TENSIONER # 342 40.88 7710.65060 CARQUEST EVANSTON TRAILER CONNECTORS 31.96 7710.65060 CARQUEST EVANSTON MOUNTING BRACKET 9.98 7710.65060 CARQUEST EVANSTON SEALED BACK UP LAMP 30.54 7710.65060 CARQUEST EVANSTON BRAKE BRUSHING 11.15 7710.65060 CARQUEST EVANSTON OIL SEAL # 342 5.45 7710.65060 CARQUEST EVANSTON AIR FILTER - HD 73.83 7710.65060 CARQUEST EVANSTON FRONT BRAKES # 342 140.94 7710.65060 CARQUEST EVANSTON REAR BRAKE # 342 116.70 7710.65060 CARQUEST EVANSTON MICRO-V BELT 72.44 7710.65060 CARQUEST EVANSTON SPARKPLUG COILS # 806 410.56 7710.65060 CARQUEST EVANSTON AIR FILTER # 811 7.53 7710.65060 CARQUEST EVANSTON RELAY - ACCESSORY # 722 11.03 7710.65060 CARQUEST EVANSTON BRAKE JOB # 811 123.34 7710.65060 FULL THROTTLE MARINE, INC.WATERCRAFT MAINTENANCE & REPAI 1,858.08 7710.65060 GOLF MILL FORD ACCUMULATOR # 57 232.79 7710.65060 GOLF MILL FORD DOOR LOCK SWITCH # 64 28.31 7710.65060 GOLF MILL FORD HUB SEAL # 528 33.02 7710.65060 GOLF MILL FORD BACKING PLATES # 528 35.31 7710.65060 GOLF MILL FORD HANDLE # 166 76.09 7710.65060 GOLF MILL FORD BUCKLE ASY # 762 62.98 7710.65060 GOLF MILL FORD WINDOW SWITCH 55.15 7710.65060 GOLF MILL FORD OUTSIDE REPAIR #69 732.06 7710.65060 GOLF MILL FORD OUTSIDE REPAIR #43 386.28 7710.65060 GOLF MILL FORD MANIFOLD 296.67 7710.65035 PALATINE OIL COMPANY, INC BULK OIL & ANTIFREEZE PURCHASE 5,597.50 7710.65035 PALATINE OIL COMPANY, INC FUEL PURCHASES FOR 2013 27,469.01 7710.65035 PALATINE OIL COMPANY, INC FUEL PURCHASES FOR 2013 23,886.53 7710.65065 WENTWORTH TIRE SERVICE TIRE SERVICE AND RECAPPING 48.00 7710.65065 WENTWORTH TIRE SERVICE NEW TIRE PURCHASE FOR 2013 1,694.87 7710.65065 WENTWORTH TIRE SERVICE TIRE SERVICE AND RECAPPING 151.00 *Advanced Payment 1679 of 994 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/09/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65065 WENTWORTH TIRE SERVICE NEW TIRE PURCHASE FOR 2013 599.63 7710.65065 WENTWORTH TIRE SERVICE NEW TIRE PURCHASE FOR 2013 1,096.70 7710.65065 WENTWORTH TIRE SERVICE TIRE SERVICE AND RECAPPING 48.00 7710.65065 WENTWORTH TIRE SERVICE TIRE SERVICE AND RECAPPING 48.00 7710.65065 WENTWORTH TIRE SERVICE NEW TIRE PURCHASE FOR 2013 2,875.12 7710.65065 WENTWORTH TIRE SERVICE TIRE SERVICE AND RECAPPING 223.00 7710.65015 1ST AYD CORP.SHOP SUPPLIES 1,261.00 7710.65060 A & A TRANSMISSION CORP. TRANSMISSION REPAIR 428.86 7710.65060 A & A TRANSMISSION CORP. TRANSMISSION REPAIR # 69 2,475.83 7710.65060 A & A TRANSMISSION CORP. TRANSMISSION REPAIR # 25 2,375.83 7710.65060 ALLTECH AUTO INC.OUTSIDE REPAIR # 21 365.60 7710.65060 WHOLESALE DIRECT INC TUBE, STROBE RETURN 67.19- 7710.65060 WHOLESALE DIRECT INC LED LIGHTING 758.10 7710.65060 WHOLESALE DIRECT INC AMBER STROBE 227.51 7710.65060 CHICAGO INTERNATIONAL TRUCKS OUTSIDE REPAIR # 451 1,896.21 7710.65060 CHICAGO INTERNATIONAL TRUCKS, BRAKE JOB 725.63 7710.65060 CHICAGO INTERNATIONAL TRUCKS OIL FILTERS 113.67 7710.65060 CHICAGO INTERNATIONAL TRUCKS FUEL BOLT 4.60 7710.65060 CHICAGO INTERNATIONAL TRUCKS FUEL BOLT 17.30 7710.65060 CHICAGO INTERNATIONAL TRUCKS HUB LOCKS 22.96 7710.65060 CHICAGO INTERNATIONAL TRUCKS HOSE 139.73 7710.65060 CHICAGO INTERNATIONAL TRUCKS, FUEL KIT 917.41 7710.65060 CUMBERLAND SERVICENTER FILTERS 116.00 7710.65060 CUMBERLAND SERVICENTER COOLANT TEMPERATURE GAUGE 63.24 7710.65060 CURRIE MOTORS KEYS & KEY FOBS 212.50 7710.65060 GROVER WELDING COMPANY BOAT REPAIRS # 434 597.80 7710.65060 INTERSTATE BATTERY OF NORTHERN 2 BATTERIES 290.56 7710.65060 LAWSON PRODUCTS, INC.AEROSOL ANTI-RUST 192.68 7710.62240 METRO TANK AND PUMP COMPANY LOCK ASSEMBLIES - 9100 PUMP 62.58 7710.65060 NORTH SHORE TOWING TOW & HOOK #43 75.00 7710.65060 P & G KEENE ELECTRICAL STARTER 326.80 7710.65060 RG SMITH EQUIPMENT COMPANY BACK UP ALARM 119.88 7710.65060 STANDARD EQUIPMENT COMPANY WHEEL CYLINDER KIT 586.58- 7710.65060 STANDARD EQUIPMENT COMPANY 2 IDLER ARMS 136.44 7710.65060 STANDARD EQUIPMENT COMPANY DIRT SHOE ASSYM.1,574.39 7710.65060 STANDARD EQUIPMENT COMPANY WEATHERSTRIP 9.52 7710.65060 STANDARD EQUIPMENT COMPANY SPRING KIT 158.35 7710.65060 STANDARD EQUIPMENT COMPANY ENGINE LATCH #661 400.66 7710.65060 STANDARD EQUIPMENT COMPANY BEARINGS 103.22 7710.65060 STANDARD EQUIPMENT COMPANY CABLE WINCH 110.59 7710.65060 STANDARD EQUIPMENT COMPANY CAMERA KIT 945.00 7710.65060 CHICAGO INTERNATIONAL TRUCKS, AIR LINE & TANK REPAIRS 1,702.77 7710.65060 CHICAGO INTERNATIONAL TRUCKS, REPAIRS # 717 3,074.05 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 123.09 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 166.26 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 123.09 7710.65060 GOLF MILL FORD CORE RETURN 35.00- 7710.65060 GOLF MILL FORD MOULDING RETURN 76.09- 7710.65060 STANDARD EQUIPMENT COMPANY MANDREL 66 INCH 331.52 7710.65060 INTERSTATE BATTERY OF NORTHERN VEHICLE EQUIPMENT BATTERY 152.80 *Advanced Payment 1780 of 994 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/09/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65085 BEST BET AUTOMOTIVE, INC.UV PHAZER BLACK 83.00 7710.65060 ALLTECH AUTO INC.OUTSIDE REPAIR BUMPER #60 702.00 7710.65060 CHICAGO INTERNATIONAL TRUCKS, ABSORBER CONTAINER 374.78 7710.65060 CHICAGO INTERNATIONAL TRUCKS, SEAT CUSHION #736 258.13 7710.65060 CHICAGO PARTS & SOUND, LLC BRAKE PADS 256.62 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 130.88 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 166.26 7710.65060 CUMBERLAND SERVICE CENTER CHECK VALVE 149.40 103,721.49 104,239.01 00601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 7780.62375 UNITED RENTALS ROLLER RENTAL 2,557.67 2,557.67 2,557.67 00605 INSURANCE FUND 7801 EMPLOYEE BENEFITS 7801.66054 SENIORS CHOICE MONTHLY INVOICE 1,671.46 7801.66050 HSA BANK MONTHLY INVOICE 21.00 1,692.46 1,692.46 00700 FIREFIGHTERS PENSION FUND 8000 FIREFIGHTERS' PENSION 8000.61755 GRAYSTONE CONSULTING INVESTMENT FEES 9,012.50 9,012.50 9,012.50 2,045,766.68 TOTAL *Advanced Payment 1881 of 994 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT DEBT SERVICE VARIOUS WELLS FARGO DEBT SERVICE 301363.13 301363.13 INSURANCE VARIOUS VARIOUS WORKERS COMP 3,110.43 VARIOUS VARIOUS CASUALTY LOSS 17,524.16 VARIOUS VARIOUS WORKERS COMP 30,105.59 VARIOUS VARIOUS CASUALTY LOSS 19,024.16 VARIOUS VARIOUS CASUALTY LOSS 3,177.00 VARIOUS IPBC HEALTH INSURANCE PREMIUM 1,109,534.70 1,182,476.04 SEWER 7540.68305 IEPA LOAN DISBURSEMENT SEWER FUND 150,776.12 7550.68305 IEPA LOAN DISBURSEMENT SEWER FUND 129,962.47 7535.68305 IEPA LOAN DISBURSEMENT SEWER FUND 50,007.81 330,746.40 VARIOUS VARIOUS TWIN EAGLE NATURAL GAS - MAY, 2013 27,080.61 27,080.61 WATER VARIOUS BANK OF NEW YORK DEBT SERVICE 6671.88 6671.88 1,848,338.06 Grand Total 3,894,114.74 PREPARED BY DATE APPROVED BY DATE CITY OF EVANSTON BILLS LIST CURRENT YEAR PERIOD ENDING 07/09/2013 *Advanced Payment 1982 of 994 Bank of America Credit Card Statement for the Period ending May 31, 2013REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTION311 CENTER - 60966SNAPENGAGE - TIMZON $ 49.00 05/15/201364505 TELECOMMUNICATIONS CARRIER LINE CHLIVE CHAT 311 CENTER/MONTHLY CHARGE311 CENTER - 60966EMBASSY SUITES DWNTWN $ 399.31 05/20/201364505 TELECOMMUNICATIONS CARRIER LINE CHHOTEL FOR CONVERENCE ASSOCIATION FOR GOVERNMENT CALL CENTERS 5/13-16 AND 1 MEAL $13.90ADMN SVCS / ADMIN - 50785CITY OF EVANSTON-SH $ 2.00 05/10/2013 62295 TRAINING & TRAVELPARKINGADMN SVCS / ADMIN - 50785WATER TOWER #2195 $ 23.00 05/20/2013 62295 TRAINING & TRAVELPARKING ECONOMIC DEVELOPMENTADMN SVCS / ADMIN - 50785CITY OF EVANSTON $ 3.00 05/20/2013 62295 TRAINING & TRAVELPARKING SHERMAN DECKADMN SVCS / ADMIN - 50785GOVERNMENT FINANCE OFF $ 15.00 05/31/2013 62295 TRAINING & TRAVELPENSION CHANGES PUBLICATIONADMN SVCS / FINANCE - 49928TRIBUNE MEDIA GROUP $ 803.00 05/08/2013 62205 ADVERTISINGBID 13-29 MUNICIPAL SERVICE CENTER BUILDING "D" AD NOTICE ADVERTISEMENTADMN SVCS / FINANCE - 49928TRIBUNE MEDIA GROUP $ 979.00 05/08/2013 62205 ADVERTISINGBID 13-39 FIREMAN'S PARK RENOVATIONS AD NOITCE ADVERTISEMENTADMN SVCS / FINANCE - 49928TRIBUNE MEDIA GROUP $ 946.00 05/08/201362461 SEWER MAINTENANCE CONTRACTSBID 13-42 LARGE DIAMETER SEWER REHAB CENTRAL PARK & MAIN ST AD NOTICE ADVERTISEMENTADMN SVCS / FINANCE - 49928TRIBUNE MEDIA GROUP $ 814.00 05/08/2013 65515 OTHER IMPROVEMENTSBID 13-41 50/50 SIDEWALK REPLACEMENT PROGRAM AD NOTICE ADVERTISEMENTADMN SVCS / FINANCE - 49928TRIBUNE MEDIA GROUP $ 715.00 05/08/2013 65515 OTHER IMPROVEMENTS RFP 13-18 EVANSTON BIKE STUDY AD NOTICE ADVERTISEMENTADMN SVCS / FINANCE - 49928TRIBUNE MEDIA GROUP $ 847.00 05/15/2013 65515 OTHER IMPROVEMENTSBID 13-45 WATER MAIN REPLACEMENT & ST. RESURFACING PROJECT III AD NOTICE ADVERTISEMENTADMN SVCS / FINANCE - 49928TRIBUNE MEDIA GROUP $ 682.00 05/27/2013 62225 BLDG MAINT SVCSRFP 13-46 EVANSTON PUBLIC LIBRARY BUILDING RESERVE ANALYSISADMN SVCS /HUMAN RES - 49925DOWNTOWN EVANSTON $ 100.00 05/06/2013 65125 OTHER COMMODITIESGIFT CARDS FOR PUBLIC SERVICE RECOGNITION WEEK - VENDOR FAIRADMN SVCS /HUMAN RES - 49925INTERNATIONAL PUBLIC M $ 379.00 05/22/2013 62360 MEMBERSHIP DUESANNUAL MEMBERSHIP DUESADMN SVCS/INFO SYS - 49926AMAZON MKTPLACE PMTS $ 31.46 05/01/2013 65555 PERSONAL COMPUTER EQ CAT 5 CABLESADMN SVCS/INFO SYS - 49926RIMUHOSTING.COM $ 19.95 05/02/201362341 INTERNET SOLUTION PROVIDERSMONTHLY FEE FOR OFFSITE PAYROLL DISASTER RECOVERY DATA STORAGE.ADMN SVCS/INFO SYS - 49926WUFOO.COM/CHARGE $ 356.32 05/02/201362341 INTERNET SOLUTION PROVIDERSUPGRADE TO ACCOMMODATE ADDITIONAL USER LICENSES FOR ONLINE FORMS DESIGN SOFTWARE.ADMN SVCS/INFO SYS - 49926INTERNATIONAL TRANSACTION $ 0.16 05/02/201362341 INTERNET SOLUTION PROVIDERSMONTHLY FEE FOR OFFSITE PAYROLL DISASTER RECOVERY DATA STORAGE.ADMN SVCS/INFO SYS - 49926SPEEDWAY 07350 549 $ 12.47 05/06/2013 65555 PERSONAL COMPUTER EQ GAS PURCHASE - MADISON COLLEGE SITE VISITADMN SVCS/INFO SYS - 49926SHELL OIL 57445014103 $ 30.02 05/06/2013 65555 PERSONAL COMPUTER EQ GAS PURCHASE - MADISON COLLEGE SITE VISITADMN SVCS/INFO SYS - 49926AMAZON MKTPLACE PMTS $ 211.50 05/07/2013 65555 PERSONAL COMPUTER EQ HARD DRIVE REPLACEMENTS FOR SERVERSADMN SVCS/INFO SYS - 49926DMI DELL K-12/GOVT $ 808.43 05/08/201364505 TELECOMMUNICATIONS CARRIER LINE CHMONITORS OR 311ADMN SVCS/INFO SYS - 49926AMAZON.COM $ 26.63 05/09/2013 65010 BOOKS, PUBLICATIONS, MAPS JAVASCRIPT BOOK FOR VARNER TO AID WITH GIS UPGRADE OF WEB APPS.ADMN SVCS/INFO SYS - 49926DMI DELL K-12/GOVT $ 175.77 05/10/201364505 TELECOMMUNICATIONS CARRIER LINE CHMONITOR STAND FOR 311ADMN SVCS/INFO SYS - 49926AMAZON MKTPLACE PMTS $ 683.70 05/13/2013 65555 PERSONAL COMPUTER EQLIBRARY CAMS ROUTER - ALLOWS CONNECTION FROM CAMS TO COE NETWORKADMN SVCS/INFO SYS - 49926AMAZON.COM $ 449.98 05/13/2013 65555 PERSONAL COMPUTER EQ UPS CIVIC CENTER MANAGEMENT CARDADMN SVCS/INFO SYS - 49926AMAZON MKTPLACE PMTS $ 50.87 05/15/2013 65555 PERSONAL COMPUTER EQ CMO IPAD KEYBOARDADMN SVCS/INFO SYS - 49926AMAZON.COM $ 989.99 05/15/2013 65555 PERSONAL COMPUTER EQ CIVIC CENTER APC UPSADMN SVCS/INFO SYS - 49926AMAZON.COM $ 626.99 05/15/2013 65555 PERSONAL COMPUTER EQ CIVIC CENTER APC UPSADMN SVCS/INFO SYS - 49926AMAZON MKTPLACE PMTS $ 1.56 05/15/2013 65555 PERSONAL COMPUTER EQ IPAD STYLUSADMN SVCS/INFO SYS - 49926AMAZON MKTPLACE PMTS $ 574.99 05/16/2013 65095 OFFICE SUPPLIESPRINTER FOR LIBRARYADMN SVCS/INFO SYS - 49926AMAZON MKTPLACE PMTS $ 296.47 05/17/2013 65095 OFFICE SUPPLIESNEW PHONE FOR LIBRARYADMN SVCS/INFO SYS - 49926CRUCIAL.COM $ 35.99 05/20/2013 65555 PERSONAL COMPUTER EQ RAM FOR ALD LAPTOPADMN SVCS/INFO SYS - 49926ADOBE SYSTEMS, INC. $ 53.11 05/20/2013 65555 PERSONAL COMPUTER EQ MONTHLY ADOBE CREATIVE CLOUD MEMBERSHIPADMN SVCS/INFO SYS - 49926AMAZON.COM $ 170.93 05/22/2013 65555 PERSONAL COMPUTER EQ VIDEO CARDSADMN SVCS/INFO SYS - 49926AMAZON.COM $ 74.94 05/22/2013 65555 PERSONAL COMPUTER EQ 3 NETGEAR SWITCHESADMN SVCS/INFO SYS - 49926AMAZON.COM $ 196.68 05/23/2013 65555 PERSONAL COMPUTER EQ PATA HDSADMN SVCS/INFO SYS - 49926AMAZON MKTPLACE PMTS $ 212.70 05/23/2013 65555 PERSONAL COMPUTER EQ SATA HDSADMN SVCS/INFO SYS - 49926GOOGLE SITE SEARCH $ 750.00 05/24/2013 65555 PERSONAL COMPUTER EQ GOOGLE SITE SEARCH ACCOUNTADMN SVCS/INFO SYS - 49926BLUEDOG INK.COM $ 517.96 05/27/2013 65555 PERSONAL COMPUTER EQ TONER FOR CMO COLOR PRINTERADMN SVCS/INFO SYS - 49926AMAZON MKTPLACE PMTS $ 9.99 05/28/2013 65555 PERSONAL COMPUTER EQ 3.5 MM STEREO CABLE FOR COUNCIL CHAMBERSADMN SVCS/INFO SYS - 49926DMI DELL K-12/GOVT $ 283.22 05/29/201364505 TELECOMMUNICATIONS CARRIER LINE CH23 IN MONITOR FOR 311ADMN SVCS/INFO SYS - 49926AMAZON MKTPLACE PMTS $ 164.49 05/31/2013 65555 PERSONAL COMPUTER EQ XEROX TONERJuly 8, 2013Page 1 of 1983 of 994 Bank of America Credit Card Statement for the Period ending May 31, 2013REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTIONADMN SVCS/PARKIING SVCS - 49930DUNCAN PARKING TECH IN $ 11.15 05/08/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALBALANCE DUE FOR UNDERPAYMENT OF COIN COLLECTION CANISTERSADMN SVCS/PARKIING SVCS - 49930CHICAGO BATTERY $ 290.56 05/10/201365050 BUILDING MAINTENANCE MATERIALBATTERIES FOR BACKUP POWER GENERATOR - SHERMAN GARAGEADMN SVCS/PARKIING SVCS - 49930CHICAGO BATTERY $ 139.36 05/10/201365050 BUILDING MAINTENANCE MATERIALBATTERIES FOR BACKUP POWER GENERATOR - CHURCH GARAGEADMN SVCS/PARKIING SVCS - 49930CHICAGO BATTERY $ 251.92 05/10/201365050 BUILDING MAINTENANCE MATERIALBATTERIES FOR BACKUP POWER GENERATOR- MAPLE GARAGEADMN SVCS/PARKIING SVCS - 49930SAMSCLUB #6444 $ 14.07 05/29/2013 68205 PUBLIC WKS CONTINGENCIESBOTTLED WATER FOR DAY LONG COMPREHENSIVE SIGN STAKEHOLDER INTERVIEWS (5/29/2013)ADMN SVCS/PARKIING SVCS - 49930WW GRAINGER $ 476.46 05/30/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALPARKING METER BATTERIES, ELEVATOR AND EXIT LIGHT LAMPS (GARAGES)ADMN SVCS/PARKIING SVCS - 49930OFFICE DEPOT #510 $ 27.98 05/31/2013 65095 OFFICE SUPPLIESSTOCK PAPER FOR POSTCARD SURVEY AND TEMPORARY PERMITSADMN SVCS/PARKIING SVCS - 49930USPS 16262202033308925 $ 322.00 05/31/2013 68205 PUBLIC WKS CONTINGENCIES STAMPS FOR POSTCARD RETURN (PARKING SURVEY)CITY COUNCIL ADMIN - 49935POTBELLY 005 $ 122.50 05/07/2013 65025 FOODDINNER FOR MAY 6, 2013 RULES COMMITTEE MEETINGCITY COUNCIL ADMIN - 49935THE GREAT FRAME UP $ 56.00 05/29/2013 65095 OFFICE SUPPLIESFRAMES FOR PROCLAMATIONSCITY MGR'S OFF - 49932LEMOI ACE HARDWARE $ 14.38 05/03/2013 65095 OFFICE SUPPLIESPAINT-CITIZEN ENGAGEMENTCITY MGR'S OFF - 49932GOOGLE GOOGLE STORAGE $ 2.49 05/06/201364545 (IS ONLY) PERSONAL COMP SOFTWAREWEB SOFTWARECITY MGR'S OFF - 49932HOOTSUITE MEDIA INC. $ 5.99 05/07/201364545 (IS ONLY) PERSONAL COMP SOFTWAREWEB SOFTWARECITY MGR'S OFF - 49932ADOBE SYSTEMS, INC. $ 31.86 05/07/201364545 (IS ONLY) PERSONAL COMP SOFTWAREWEB SOFTWARECITY MGR'S OFF - 49932ICMA INTERNET $ 149.00 05/10/201362509 SERVICE AGREEMENTS/CONTRACTSCITY MGR'S OFF - 49932DOMINICKS STOR00011379 $ 55.81 05/13/2013 65025 FOODCOUNCIL FOOD-INAUGURATIONCITY MGR'S OFF - 49932DUNKIN #306178 Q35 $ 36.01 05/14/2013 62295 TRAINING & TRAVELSTRATEGIC PLANNING MEETINGCITY MGR'S OFF - 49932BENNISONS BAKERY INC $ 123.72 05/14/2013 65025 FOODCOUNCIL FOOD-INAUGURATIONCITY MGR'S OFF - 49932DOMINICKS STOR00017004 $ 12.26 05/14/2013 62295 TRAINING & TRAVELSENIOR MANAGEMENT MEETINGCITY MGR'S OFF - 49932LOU MALNATI'S PIZZERIA $ 130.80 05/14/2013 65025 FOODCITY COUNCIL FOODCITY MGR'S OFF - 49932DOMINICKS STOR00017004 $ 5.00 05/14/2013 65025 FOODCITY COUNCIL FOODCITY MGR'S OFF - 49932INTERNAT`L DOWNTOWN AS $ 150.00 05/17/2013 62295 TRAINING & TRAVELCONFERENCE -JOE MCRAECITY MGR'S OFF - 49932INTERNAT`L DOWNTOWN AS $ 150.00 05/17/2013 62295 TRAINING & TRAVELCONFERENCE - DENNIS MARINOCITY MGR'S OFF - 49932INTERNAT`L DOWNTOWN AS $ 150.00 05/17/2013 62295 TRAINING & TRAVELCONFERENCE - MARK TENDAMCITY MGR'S OFF - 49932INTERNAT`L DOWNTOWN AS $ 150.00 05/17/2013 62295 TRAINING & TRAVELCONFERENCE - PAUL ZALMEZAKCITY MGR'S OFF - 49932INTERNAT`L DOWNTOWN AS $ 150.00 05/17/2013 62295 TRAINING & TRAVELCONFERENCE - MEAGAN JONESCITY MGR'S OFF - 49932INTERNAT`L DOWNTOWN AS $ 150.00 05/17/2013 62295 TRAINING & TRAVELCONFERENCE - JANE GROVERCITY MGR'S OFF - 49932ROLLIN TO GO $ 166.25 05/21/2013 65025 FOODCITY COUNCIL FOODCITY MGR'S OFF - 49932NATIONAL AWARDS $ 85.00 05/22/2013 62490 OTHER PROGRAM COSTS KEY TO THE CITY FOR ROTARY PRESIDENTCITY MGR'S OFF - 49932DM LUXURY LLC $ 995.00 05/23/2013 62210 PRINTINGPRINT ADCITY MGR'S OFF - 49932ISSUU PUBLISHING $ 19.00 05/27/201364545 (IS ONLY) PERSONAL COMP SOFTWAREWEB SOFTWARECITY MGR'S OFF - 49932HECKY'S BARBECUE $ 128.25 05/27/2013 65025 FOODCITY COUNCIL FOODCITY MGR'S OFF - 49932HECKYS.COM $ 24.00 05/30/2013 65025 FOODCITY COUNCIL FOODCITY MGR'S OFF - 49932BENNISONS BAKERY INC $ 73.50 05/31/2013 62295 TRAINING & TRAVELSHARED SERVICES MEETING-TRAININGCITY MGR'S OFF - 49932DOMINICKS STOR00017004 $ 9.99 05/31/2013 62295 TRAINING & TRAVELSHARED SERVICES MEETING-TRAININGCITY OF EVANSTON - 49957SPIRIT AI 48700885604010 $ 55.00 05/13/2013 62295 TRAINING & TRAVELFEE FOR AIRLINE ASSISTANCECITY OF EVANSTON - 49957WHITE HOUSE SUB SHOP $ 8.03 05/22/2013 65025 FOODBREAKFAST SANDWICH WHILE IN ATLANTIC CITYCITY OF EVANSTON - 49957ATLANTIC CITY BAR AND $ 16.24 05/22/2013 65025 FOODDINNER WHILE ATTENDING ANNUAL IIMC CONFERENCE IN ATLANTIC CITYCITY OF EVANSTON - 49957RITE AID STORE #104Q05 $ 2.99 05/24/2013 65025 FOODSNACKSCITY OF EVANSTON - 49957RITE AID STORE #104Q05 $ 44.98 05/24/2013 65075 MEDICAL & LAB SUPPLIESPURCHASED EQUIPMENT TO ASSIST WITH SEVER BACK PAIN WHILE ATTENDING ANNUAL CONFERENCECITY OF EVANSTON - 49957TAJ MAHAL - FRONT DESK $ 645.28 05/27/2013 62295 TRAINING & TRAVELHOTEL COST FOR STAY IN ATLANTIC CITY ATTENDING THE ANNUAL IIMC EDUCATIONAL CONFERENCECITY OF EVANSTON - 49957SBARRO 698 Q01 $ 7.68 05/27/2013 65025 FOODLATE NIGHT SNACKCITY OF EVANSTON - 49957HUDSON NEWS AC168JV $ 10.13 05/27/2013 65025 FOODPURCHASED SNACKS IN THE ATLANTIC AIRPORT FOR TRIP BACK HOMECOMM ECON DEV/ADMIN - 50405IEDC ONLINE $ 525.00 05/01/2013 62360 MEMBERSHIP DUESECONOMIC DEVELOPMENT TRAINING JOHANNA NYDENCOMM ECON DEV/ADMIN - 50405IEDC ONLINE $ 95.00 05/10/2013 62295 TRAINING & TRAVELONLINE WEBINAR - BUILDING A SMART INCENTIVES PACKAGE (TRAINING/WEBINAR FOR ALL ED STAFF)July 8, 2013Page 2 of 1984 of 994 Bank of America Credit Card Statement for the Period ending May 31, 2013REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTIONCOMM ECON DEV/ADMIN - 50405SOUTHWES 5262129295387 $ 373.80 05/15/2013 62295 TRAINING & TRAVELAIRPLANE TICKET FOR TRAVEL (NYDEN) TO IEDC CONFERENCE IN BALTIMORE, MDCOMM ECON DEV/ADMIN - 50405SOUTHWES 5262129300604 $ (14.00) 05/15/2013 62295 TRAINING & TRAVELREFUND FOR CHANGING FLIGHT TO REDUCE COST FOR TRAVEL TO BALTIMORE, MDCOMM ECON DEV/ADMIN - 50405CITY OF MADISON PARKIN $ 24.00 05/20/2013 62295 TRAINING & TRAVELPARKING IN PUBLIC PARKING GARAGE MAY 16-17 IN MADISON DURING IEDC CONFERENCE/TRAININGCOMM ECON DEV/ADMIN - 50405MADISON CONCOURSE HOTE $ 171.79 05/21/2013 62295 TRAINING & TRAVELHOTEL (ONE NIGHT) IN MADISON FOR TRAININGCOMM ECON DEV/ADMIN - 50405MADISON CONCOURSE HOTE $ (10.00) 05/21/2013 62295 TRAINING & TRAVELHOTEL CHARGED FOR PARKING AND THEN REIMBURSED ME.COMM ECON DEV/ADMIN - 50405COOK COUNTY RECORDER O $ 19.00 05/23/2013 62605 OTHER CHARGESINFORMATION ON DOWNTOWN EVANSTON PROPERTY HISTORYCOMM ECON DEV/ADMIN - 50405PANINO'S PIZZERIA OR $ 26.17 05/27/2013 65025 FOODFOOD FOR HOWARD STREET BUSINESS ASSOCIATION MEETINGCOMM ECON DEV/BLDG PS - 49933BMI ONLINE TRAINING $ 69.00 05/01/2013 62295 TRAINING & TRAVELFEE FOR BUILDING INSPECTOR CERTIFICATION TRAINING FOR HENRY SONNCOMM ECON DEV/BLDG PS - 49933BMI ONLINE TRAINING $ 69.00 05/02/2013 62295 TRAINING & TRAVELFEE FOR BUILDING INSPECTOR CERTIFICATION TRAINING FOR DEAN MOSCACOMM ECON DEV/BLDG PS - 49933BMI ONLINE TRAINING $ 69.00 05/02/2013 62295 TRAINING & TRAVELFEE FOR BUILDING INSPECTOR CERTIFICATION TRAINING FOR JEFF MURPHYCOMM ECON DEV/BLDG PS - 49933INT'L CODE COUNCIL INC $ 110.00 05/09/2013 62295 TRAINING & TRAVELMANAGEMENT EXAM FOR JEFF MURPHYCOMM ECON DEV/BLDG PS - 49933BENNISONS BAKERY INC $ 72.75 05/09/2013 65025 FOODJEFF MURPHY PAID FOR CAKE FOR SYLVIE MARRA; CREDIT TO CITYCOMM ECON DEV/BLDG PS - 49933BENNISONS BAKERY INC $ (72.75) 05/10/2013 65025 FOODJEFF MURPHY PAID FOR CAKE FOR SYLVIE MARRA; CREDIT TO CITYCOMM ECON DEV/BLDG PS - 49933PANINO'S PIZZERIA OR $ 141.65 05/13/2013 65125 OTHER COMMODITIESEMPLOYEE APPRECIATION EVENT SYLVIE MARRACOMM ECON DEV/BLDG PS - 49933ILFLS COM $ 59.95 05/27/2013 62345 COURT COSTS/LITIGATION MONTHLY WEB BASED FORECLOSURE WEBSITE SUBSCRIPTIONCOMM ECON DEV/PLNNING - 49934SUN TIMES MEDIA ADVERT $ 634.00 05/14/2013 62205 ADVERTISINGAD FOR MAIN STREET STATION STUDY MEETINGCOMM ECON DEV/PLNNING - 49934EVANSTON ROUNDTABLE $ 1,482.00 05/16/2013 62205 ADVERTISING2013 ADS FOR NSP2 LIVEEVANSTON 1/4PAGE $367 4/11; 3/8PAGE 4/25 $495; WEB4/15-5/15 $125; 3/8PAGE 5/19 $495COMM ECON DEV/PLNNING - 49934SUN TIMES MEDIA ADVERT $ 27.20 05/24/2013 62205 ADVERTISINGAD FOR MAIN ST. TRANSIT STUDY MEETINGFIRE/ADMINANSTON - 49929LEMOI ACE HARDWARE $ 31.77 05/02/2013 65040 JANITORIAL SUPPLIESLIGHT BULBS HQFIRE/ADMINANSTON - 49929OFFICE DEPOT #510 $ 98.99 05/02/2013 65095 OFFICE SUPPLIESPRINTER CARTRIDGE HQFIRE/ADMINANSTON - 49929INTL ASSOC OF FIRE CHI $ 565.00 05/02/2013 62295 TRAINING & TRAVELFIRE RESCUE INTERNATIONLAL CONVENTIONFIRE/ADMINANSTON - 49929PPL BIZ SERVICE FEE $ 15.95 05/06/2013 65125 OTHER COMMODITIESSERVICE FEE FOR P90X VIDEOS; WILL GET WAIVED AND CREDITEDFIRE/ADMINANSTON - 49929AMAZON MKTPLACE PMTS $ 37.58 05/06/2013 65095 OFFICE SUPPLIESPRINTER TONER CARTRIGEFIRE/ADMINANSTON - 49929AGT BATTERY LLC $ 53.63 05/06/2013 65125 OTHER COMMODITIESALAKALINE BATTERIESFIRE/ADMINANSTON - 49929AUTOMATIC APPLIANCE PA $ 41.36 05/08/2013 65085 MINOR EQUIPMENT AND TOOLS REPLACEMENT PARTFIRE/ADMINANSTON - 49929TASK FORCE 1 INC $ 190.00 05/09/2013 62295 TRAINING & TRAVELTRUCK ACADEMY CLASS FF. PETERS 3-12,3-13 2013 ELMHURSTFIRE/ADMINANSTON - 49929AQUA JET CAR WASH $ 2.15 05/09/2013 65125 OTHER COMMODITIESCAR WASHFIRE/ADMINANSTON - 49929AQUA JET CAR WASH $ 1.75 05/15/2013 65125 OTHER COMMODITIESCAR WASHFIRE/ADMINANSTON - 49929JET DOCK SYSTEMS INC $ 30.92 05/17/2013 65125 OTHER COMMODITIESDOCKING PINS FOR DOCKFIRE/ADMINANSTON - 49929OVERTONS, INC. $ 350.59 05/20/2013 65125 OTHER COMMODITIES2 BOX ANCHORS FOR PERSONAL WATERCRAFTSFIRE/ADMINANSTON - 49929THE HOME DEPOT 1902 $ 14.98 05/20/2013 65085 MINOR EQUIP & TOOLSHARDWAREFIRE/ADMINANSTON - 49929POWERPHONE, INC. $ 229.00 05/20/2013 62295 TRAINING & TRAVELACTIVE SHOOTER SCHOOL RESPONSE TRAININGFIRE/ADMINANSTON - 49929JET DOCK SYSTEMS INC $ 16.00 05/23/2013 65125 OTHER COMMODITIESDOCKING FASTNERS FOR DOCKFIRE/ADMINANSTON - 49929BENNISONS BAKERY INC $ 14.75 05/24/2013 62295 TRAINING & TRAVELTRAINING REFRESHMENTS CITY SAFETY MEETINGFIRE/ADMINANSTON - 49929MYR MYRON MANUFACTURIN $ 414.13 05/24/2013 65125 OTHER COMMODITIESPENS FOR EMPLOYEE APPRECIATION WEEK.FIRE/ADMINANSTON - 49929SULLYS $ 22.20 05/24/2013 62295 TRAINING & TRAVELDINNER AT IFCA SEMINARFIRE/ADMINANSTON - 49929AQUA JET CAR WASH $ 1.75 05/24/2013 65125 OTHER COMMODITIESCAR WASHFIRE/ADMINANSTON - 49929THEPELICANSTORE COM $ 91.58 05/27/2013 65125 OTHER COMMODITIESPELICAN CASE FOR PERSONAL WATERCRAFTSFIRE/ADMINANSTON - 49929DUNKIN #306178 Q35 $ 8.15 05/27/2013 62295 TRAINING & TRAVELFIRE DEPARTMENT TRAINING MEETING REFRESHMENTSFIRE/ADMINANSTON - 49929SHELL OIL 574236364QPS $ 40.43 05/27/2013 62295 TRAINING & TRAVELFUEL IFCA CONVENTIONFIRE/ADMINANSTON - 49929PRESTONS FLOWERS $ 79.57 05/27/2013 65125 OTHER COMMODITIESBLOCK FAMILY FUNERALFIRE/ADMINANSTON - 49929ILLINOIS FIRE CHIEFS A $ 42.00 05/30/2013 62280 OVERNIGHT MAIL CHARGES UNIFORM SWEATERHEALTH - 49924AMAZON MKTPLACE PMTS $ 21.98 05/01/201365045 LICENSING/REGULATORY SUPPLIESCABLE FOR IPAD - FOR DOING PRESENTATIONSHEALTH - 49924PROPAC $ 836.04 05/01/2013 62477 PHEP GRANT EXPENSE (HHS) COTS FOR PUBLIC WORKS FROM ERCHEALTH - 49924PROPAC $ 427.05 05/01/2013 62477 PHEP GRANT EXPENSE (HHS) LINENS FOR PUBLIC WORKS FROM ERCHEALTH - 49924EDIBLE ARRANGEMENTS - $ 78.80 05/01/2013 65125 OTHER COMMODITIESERRONEOUS CHARGE - CREDIT APPLIED TO BUSINESS UNITHEALTH - 49924BB ERIE FAMILY HEALTH $ (150.00) 05/02/2013 62295 TRAINING & TRAVELERIE FAMILY HEALTH CENTER 2013 ANNUAL LUNCHEON REFUND...COMPLIMENTARY TICKET SENT TO MRS. THOMAS SMITHHEALTH - 49924PROPAC $ (25.50) 05/02/2013 62477 PHEP GRANT EXPENSE (HHS)REFUND FOR LINENS ORDERED OUT OF STOCK. REORDER DIFFERENT KIND CHEAPER FOR PUBLIC WORKSHEALTH - 49924PAYPAL EVANSTONFOU $ 75.00 05/03/201362468 IL TOBACCO FREE COMMUNITIES GRANTEVANSTON 4TH OF JULY PARADE ENTRY FEE-JESSYCA DUDLEYJuly 8, 2013Page 3 of 1985 of 994 Bank of America Credit Card Statement for the Period ending May 31, 2013REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTIONHEALTH - 49924ILLINOIS PUBLIC HEALTH $ 90.00 05/09/2013 62477 PHEP GRANT EXPENSE (HHS)INTEGRATED PUBLIC HEALTH & MEDICAL PREPAREDNESS SUMMIT & IPHA 72 ANNUAL MEETING-JOSIE HORAKHEALTH - 49924DOMINICKS STOR00017004 $ 58.31 05/10/2013 65125 OTHER COMMODITIESPUBLIC SERVICE RECOGNITION WEEK FUNDINGHEALTH - 49924KAUFMAN BAGEL & DELICA $ 81.10 05/13/2013 65125 OTHER COMMODITIESPUBLIC SERVICE RECOGNITION WEEK FUNDINGHEALTH - 49924WWW.YOUR-TAXICAB-RECEI $ 11.45 05/17/2013 62295 TRAINING & TRAVELTRAVEL TO ERIE LUNCHEON-MAYOR HONOREDHEALTH - 49924TAXICAB TRANSPORTATION $ 10.00 05/17/2013 62295 TRAINING & TRAVELTRAVEL FROM ERIE LUNCHEON BACK TO YMCA USA TRAINING WORKSHOPHEALTH - 49924AMAZON MKTPLACE PMTS $ 59.09 05/20/201365045 LICENSING/REGULATORY SUPPLIESPRO-MEASUREMENT RULER TAPE - FOR LEAD TESTINGHEALTH - 49924WASHINGTON/FRANKLIN SE $ 33.00 05/20/2013 62295 TRAINING & TRAVELYMCA USA TRAINING WORKSHOP-THOMAS-SMITHHEALTH - 49924WASHINGTON/FRANKLIN SE $ 33.00 05/20/2013 62295 TRAINING & TRAVELYMCA USA TRAINING 2-DAY TRAINING WORKSHOPHEALTH - 49924NOTARY PUBLIC ASSOCIAT $ 49.00 05/21/2013 62474 HEALTH PROTECTION GRANT NEW NOTARY COMMISSION FOR : MAYDA FIGUEROAHEALTH - 49924NOTARY PUBLIC ASSOCIAT $ 49.00 05/21/2013 62474 HEALTH PROTECTION GRANT NEW NOTARY COMMISSION FRO: NICOLA WHYTEHEALTH - 49924NOTARY PUBLIC ASSOCIAT $ 49.00 05/21/2013 62474 HEALTH PROTECTION GRANT NEW NOTARY COMMISSION FOR: MILCAH BARAONAHEALTH - 49924NOTARY PUBLIC ASSOCIAT $ 49.00 05/21/2013 62474 HEALTH PROTECTION GRANT NEW NOTARY COMMISSION FOR: ELLYN GOLDENHEALTH - 49924MEDLINE $ 466.46 05/22/201362471 COOK CO-VECTOR SURVEILLANCE GRANTBATTERIES FOR MOSQUITO TRAPS FOR WNV TESTINGHEALTH - 49924CLARKE MOSQUITO CONTRO $ 359.08 05/27/201362471 COOK CO-VECTOR SURVEILLANCE GRANT(2) CDC GRAVID MOSQITO TRAPS FOR WNV TESTINGHEALTH - 49924PROPAC $ 357.70 05/30/2013 65125 OTHER COMMODITIESMRC SUPPLIESPOLICE DEPT/ADMIN - 49966CYRAJ OIL Q39 $ 50.00 05/01/201341420 RESERVE NARCOTIC ENFORCEMENTNET OPERATIONPOLICE DEPT/ADMIN - 49966WW GRAINGER $ 127.85 05/01/2013 65040 JANITORIAL SUPPLIESFLUORESCENT LIGHTSPOLICE DEPT/ADMIN - 49966SHELL OIL 57444176606 $ 93.00 05/02/201341420 RESERVE NARCOTIC ENFORCEMENTNET OPERATIONPOLICE DEPT/ADMIN - 49966SAMSCLUB #6444 $ 325.74 05/02/2013 65025 FOODPRISONER FOODPOLICE DEPT/ADMIN - 49966ULINE SHIP SUPPLIES $ 284.73 05/02/2013 65040 JANITORIAL SUPPLIESGARBAGE BAGSPOLICE DEPT/ADMIN - 49966CLARK-DEVON HARDWA $ 127.78 05/02/2013 65040 JANITORIAL SUPPLIESBLINDS FOR TRAFFIC OFFICEPOLICE DEPT/ADMIN - 49966CLARK-DEVON HARDWA $ 117.98 05/02/2013 65040 JANITORIAL SUPPLIESBLINDS FOR TRAFFIC OFFICEPOLICE DEPT/ADMIN - 49966CLARK-DEVON HARDWA $ (125.58) 05/02/2013 65040 JANITORIAL SUPPLIESBLINDS FOR TRAFFIC OFFICEPOLICE DEPT/ADMIN - 49966MEDLINE $ 174.11 05/03/2013 65040 JANITORIAL SUPPLIESGLOVESPOLICE DEPT/ADMIN - 49966LOVES COUNTRY 00003616 $ 56.70 05/06/2013 62370 EXPENSE ALLOWANCEHOMICIDE INVESTIGATIONPOLICE DEPT/ADMIN - 49966PILOT 00002360 $ 70.75 05/06/2013 62370 EXPENSE ALLOWANCEHOMICIDE INVESTIGATIONPOLICE DEPT/ADMIN - 49966THE PFISTER $ 439.04 05/06/2013 65085 MINOR EQUIPMENT AND TOOLS PERF MEETINGPOLICE DEPT/ADMIN - 49966NU TRAFFIC SCHOOL 024 $ 70.00 05/08/2013 62295 TRAINING & TRAVELDRIVING SCHOOL J. HENDERSONPOLICE DEPT/ADMIN - 49966NU TRAFFIC SCHOOL 024 $ 70.00 05/08/2013 62295 TRAINING & TRAVELDRIVING SCHOOL - S. JONESPOLICE DEPT/ADMIN - 49966NU TRAFFIC SCHOOL 024 $ 70.00 05/08/2013 62295 TRAINING & TRAVELDRIVING SCHOOL J. HENDERSON (CHARGED TWICE - WILL BE CREDITED ON NEXT STATEMENT)POLICE DEPT/ADMIN - 49966NU TRAFFIC SCHOOL 024 $ 70.00 05/08/2013 62295 TRAINING & TRAVELDRIVING SCHOOL - S. JONES (CHARGED TWICE - WILL BE CREDITED ON NEXT STATEMENT)POLICE DEPT/ADMIN - 49966NU TRAFFIC SCHOOL 024 $ 70.00 05/08/2013 62295 TRAINING & TRAVELDRIVING SCHOOL - C. DELAROSAPOLICE DEPT/ADMIN - 49966NU TRAFFIC SCHOOL 024 $ 70.00 05/08/2013 62295 TRAINING & TRAVELDRIVING SCHOOL - M. RIVERAPOLICE DEPT/ADMIN - 49966NU TRAFFIC SCHOOL 024 $ 70.00 05/08/2013 62295 TRAINING & TRAVELDRIVING SCHOOL - D. BLANDPOLICE DEPT/ADMIN - 49966NU TRAFFIC SCHOOL 024 $ 70.00 05/09/2013 62295 TRAINING & TRAVELDRIVING SCHOOL - J. FRAZIERPOLICE DEPT/ADMIN - 49966NU TRAFFIC SCHOOL 024 $ 70.00 05/09/2013 62295 TRAINING & TRAVELDRIVING SCHOOL - D. HAKIMIANPOLICE DEPT/ADMIN - 49966A&A TRANSMISSION $ 303.02 05/10/201341420 RESERVE NARCOTIC ENFORCEMENTNET INVESTIGATIONPOLICE DEPT/ADMIN - 49966SHELL OIL 57444176606 $ 85.49 05/10/201341420 RESERVE NARCOTIC ENFORCEMENTNET INVESTIGATIONPOLICE DEPT/ADMIN - 49966BUDGET RENT-A-CAR $ 220.64 05/10/2013 62370 EXPENSE ALLOWANCENORTAF BURGLARYPOLICE DEPT/ADMIN - 49966ADORAMA INC $ 311.24 05/10/2013 65105 PHOTO/DRAFTING SUPPLIES ET SUPPLIESPOLICE DEPT/ADMIN - 49966B & H PHOTO-VIDEO-MO/T $ (119.95) 05/10/2013 65105 PHOTO/DRAFTING SUPPLIES RETURN ET SUPPLIESPOLICE DEPT/ADMIN - 499663GSTORE.COM/MDG COM $ 90.97 05/13/201341420 RESERVE NARCOTIC ENFORCEMENTANTENNA FOR UC TRUCKPOLICE DEPT/ADMIN - 49966THOMSON WEST TCD $ 266.77 05/13/2013 65010 BOOKS, PUBLICATIONS, MAPS 2012 INFORMATION CHARGESPOLICE DEPT/ADMIN - 49966PANERA BREAD #645 $ 82.39 05/16/2013 62370 EXPENSE ALLOWANCEJCEC MEETINGPOLICE DEPT/ADMIN - 49966SHILOG LTD $ 355.52 05/17/2013 65040 JANITORIAL SUPPLIESJANITORIAL SUPPLIESPOLICE DEPT/ADMIN - 49966SAMSCLUB #6444 $ 72.82 05/23/2013 62210 PRINTINGCPA GRADUATIONPOLICE DEPT/ADMIN - 49966QUARTET DIGITAL PRINTI $ 110.40 05/23/2013 62210 PRINTINGCPA GRADUATIONJuly 8, 2013Page 4 of 1986 of 994 Bank of America Credit Card Statement for the Period ending May 31, 2013REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTIONPOLICE DEPT/ADMIN - 49966VILLAGE OF BENSENVILLE $ 277.00 05/29/201341420 RESERVE NARCOTIC ENFORCEMENTK9 KENNEL HOME PERMITPOLICE DEPT/ADMIN - 49966THE HOME DEPOT 1902 $ 309.88 05/30/201341420 RESERVE NARCOTIC ENFORCEMENTBLDG MATERIALS FOR K9 HOME KENNELPOLICE DEPT/ADMIN - 49966SAMSCLUB #6444 $ 20.98 05/30/2013 65085 MINOR EQUIPMENT AND TOOLS POLICE AWARDS CEREMONYPOLICE DEPT/ADMIN - 49966THE UPS STORE 1037 $ 18.07 05/30/2013 65085 MINOR EQUIPMENT AND TOOLS MAIL PLAQUEPRCS/CHAND NEWB CNTR - 49945PAPER DIRECT $ 56.98 05/01/2013 65095 OFFICE SUPPLIESCERTIFICATE PAPER FOR GYMNASTICSPRCS/CHAND NEWB CNTR - 49945THE PUTTING EDGE $ 100.00 05/06/2013 62507 FIELD TRIPSAQUA GOLF CAMP DEPOSITPRCS/CHAND NEWB CNTR - 49945ELK GROVE PARK DISTRIC $ 90.00 05/06/2013 62507 FIELD TRIPSAQUA GOLF CAMP DEPOSITPRCS/CHAND NEWB CNTR - 49945ELK GROVE PARK DISTRIC $ 90.00 05/06/2013 62507 FIELD TRIPSAQUA GOLF CAMP DEPOSITPRCS/CHAND NEWB CNTR - 49945TARGET 00009274 $ 61.47 05/07/2013 65110 REC PROGRAM SUPPLIES ITEMS FOR NATIONAL DRINKING WATER WEEK EVENTSPRCS/CHAND NEWB CNTR - 49945MICHAELS #3849 $ 39.82 05/09/2013 65110 REC PROGRAM SUPPLIES MOTHER'S DAY CRAFT SUPPLIESPRCS/CHAND NEWB CNTR - 49945ARC SERVICES/TRAINING $ 80.00 05/14/2013 62360 MEMBERSHIP DUESCERTIFICATION FEES FOR AMERICAN RED CROSS BABYSITTER TRAININGPRCS/CHAND NEWB CNTR - 49945MYSTIC WATERS FAMILY A $ 100.00 05/17/2013 62507 FIELD TRIPSAQUA GOLF CAMP DEPOSITPRCS/CHAND NEWB CNTR - 49945SCHAUMBURG PARK DIS $ 50.00 05/22/2013 62507 FIELD TRIPSAQUA GOLF CAMP DEPOSITPRCS/CHAND NEWB CNTR - 49945ARC SERVICES/TRAINING $ 189.00 05/22/2013 62360 MEMBERSHIP DUESCERTIFICATION FEES FOR STAFF FIRST AID / CPR / AED TRAININGPRCS/CHAND NEWB CNTR - 49945ARC SERVICES/TRAINING $ 38.00 05/22/2013 62360 MEMBERSHIP DUESCERTIFICATION FEES FOR AMERICAN RED CROSS CPR REVIEW TRAININGPRCS/CHAND NEWB CNTR - 49945TARGET 00009274 $ 54.36 05/24/2013 65025 FOODSNACKS FOR PRESCHOOL PROGRAMS, PAPER CUPS-PLATESPRCS/CHAND NEWB CNTR - 49945BSN SPORT SUPPLY GROUP $ 307.35 05/24/2013 65110 REC PROGRAM SUPPLIES SPORTS CAMP EQUIPMENTPRCS/CHAND NEWB CNTR - 49945AMERICAN CAMPING ASSOC $ 90.00 05/30/2013 62295 TRAINING & TRAVELCAMP ONLINE VIDEO TRAINING PACKAGEPRCS/COMMUNITY SERVICES - 50406 JEWEL #3487 $ 25.99 05/01/2013 62295 TRAINING & TRAVELREFRESHMENTS FOR TAKE CHARGE OF YOUR HEALTH - REIMBURSED BY GRANTPRCS/COMMUNITY SERVICES - 50406 JEWEL #3487 $ 13.97 05/03/2013 62295 TRAINING & TRAVELREFRESHMENTS FOR COA MEETINGPRCS/COMMUNITY SERVICES - 50406 JEWEL #3487 $ 16.97 05/06/2013 62295 TRAINING & TRAVELREFRESHEMENTS FOR COMMUITY EDUCATION PRESENTATION - LEVY CENTER - REIMBURSED BY GRANTPRCS/COMMUNITY SERVICES - 50406 JEWEL #3487 $ 25.99 05/08/2013 62295 TRAINING & TRAVELREFRESHMENTS FOR TAKE CHARGE OF YOUR HEALTH - REIMBURSED BY GRANTPRCS/COMMUNITY SERVICES - 50406 JEWEL #3487 $ 47.41 05/15/2013 62295 TRAINING & TRAVELREFRESHMENTS FOR TAKE CHARGE OF YOUR HEALTH - REIMBURSED BY GRANTPRCS/COMMUNITY SERVICES - 50406 JEWEL #3487 $ 87.46 05/22/2013 62295 TRAINING & TRAVELREFRESHMENTS FOR TAKE CHARGE OF YOUR HEALTH - REIMBURSED BY GRANTPRCS/COMMUNITY SERVICES - 50406 JEWEL #3487 $ 49.52 05/27/2013 62295 TRAINING & TRAVELREFRESHMENTS FOR LEVEL II OMBUDSMAN TRAINING - REIMBURSED BY GRANTPRCS/ECOLOGY CNTR - 49956PETSMART INC 427 $ 48.76 05/01/2013 62490 OTHER PROGRAM COSTS ANIMAL MAINTENANCE SUPPLIESPRCS/ECOLOGY CNTR - 49956DOMINICKS STOR00017004 $ 27.83 05/06/2013 65110 REC PROGRAM SUPPLIES PROGRAM SUPPLIES FOR TINY TREKKERSPRCS/ECOLOGY CNTR - 49956USI ED GOV $ 148.79 05/08/2013 65095 OFFICE SUPPLIESLAMINATION FILMPRCS/ECOLOGY CNTR - 49956DOMINICKS STOR00011379 $ 63.88 05/13/2013 65110 REC PROGRAM SUPPLIES PROGRAM SUPPLIES FOR TINY TREKKERSPRCS/ECOLOGY CNTR - 49956TOM THUMB HOBBY & CRAF $ 29.36 05/13/2013 65110 REC PROGRAM SUPPLIES WILLOW BASKET SUPPLIESPRCS/ECOLOGY CNTR - 49956PETSMART INC 427 $ 15.20 05/13/2013 62490 OTHER PROGRAM COSTS ANIMAL CAREPRCS/ECOLOGY CNTR - 49956FISHTECH $ 29.92 05/13/2013 65110 REC PROGRAM SUPPLIES ACCESS TO FISHING SUPPLIESPRCS/ECOLOGY CNTR - 49956TOM THUMB HOBBY & CRAF $ 20.97 05/16/2013 65110 REC PROGRAM SUPPLIES PAINT FOR GREEN BALLPRCS/ECOLOGY CNTR - 49956DOMINICKS STOR00011379 $ 38.27 05/20/2013 62490 OTHER PROGRAM COSTS FRESH FOOD FOR ANIMALSPRCS/ECOLOGY CNTR - 49956PETSMART INC 427 $ 119.90 05/20/2013 62490 OTHER PROGRAM COSTS ANIMAL MAINTENANCE SUPPLIESPRCS/ECOLOGY CNTR - 49956DOMINICKS STOR00011379 $ 95.36 05/20/2013 65025 FOODBREAKFAST FOR FAMILY CAMPOUTPRCS/ECOLOGY CNTR - 49956THE HOME DEPOT 1902 $ 21.56 05/20/2013 65110 REC PROGRAM SUPPLIES ROPE FOR BANNERSPRCS/ECOLOGY CNTR - 49956TOM THUMB HOBBY & CRAF $ 23.29 05/20/2013 65110 REC PROGRAM SUPPLIES LEAVE NO CHILD INSIDE PROGRAMPRCS/ECOLOGY CNTR - 49956LURVEY LANDSCAPE S $ 198.45 05/20/2013 65110 REC PROGRAM SUPPLIES PLANTS FOR CONTAINER GARDENING CLASSPRCS/ECOLOGY CNTR - 49956FISHTECH $ 31.90 05/20/2013 65110 REC PROGRAM SUPPLIES ACCESS TO FISHING SUPPLIESPRCS/ECOLOGY CNTR - 49956THE HOME DEPOT 1902 $ 28.83 05/21/2013 65005 LANDSCAPE MATERIALS COMMUNITY GARDEN SUPPLIESPRCS/ECOLOGY CNTR - 49956OFFICE DEPOT #510 $ 68.96 05/23/2013 65110 REC PROGRAM SUPPLIES FOAM BOARD FOR EARTH DAY ARTPRCS/ECOLOGY CNTR - 49956OFFICE DEPOT #510 $ 36.98 05/23/2013 65110 REC PROGRAM SUPPLIES FOAM BOARD FOR EARTH DAY ARTPRCS/ECOLOGY CNTR - 49956PETSMART INC 427 $ 38.98 05/23/2013 62490 OTHER PROGRAM COSTS ANIMAL CAREPRCS/ECOLOGY CNTR - 49956ANTON'S GREENHOUSE $ 95.25 05/27/2013 65110 REC PROGRAM SUPPLIES PLANTS FOR HERB CONTAINER GARDENING CLASSPRCS/ECOLOGY CNTR - 49956FISHTECH $ 11.80 05/27/2013 65110 REC PROGRAM SUPPLIES ACCESS TO FISHING SUPPLIESPRCS/ECOLOGY CNTR - 49956JOHN G SHEDD AQUARIUM $ 200.00 05/29/2013 62507 FIELD TRIPSECOTRAVELERS FIELD TRIPPRCS/ECOLOGY CNTR - 49956OFFICE DEPOT #510 $ 21.99 05/30/2013 62490 OTHER PROGRAM COSTS EARTH DAY ARTJuly 8, 2013Page 5 of 1987 of 994 Bank of America Credit Card Statement for the Period ending May 31, 2013REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTIONPRCS/FAC - 49954LEMOI ACE HARDWARE $ 39.47 05/01/201365050 BUILDING MAINTENANCE MATERIALMISC. SHOP SUPPLIES LMCCPRCS/FAC - 49954THE HOME DEPOT 1902 $ 24.65 05/01/201365050 BUILDING MAINTENANCE MATERIALNOYES THEATRE AISLE LIGHTINGPRCS/FAC - 49954HAROLD'S TRUE VALUE HD $ 8.57 05/01/201365050 BUILDING MAINTENANCE MATERIALJAMES PARK RPZ REPAIRPRCS/FAC - 49954THE HOME DEPOT 1902 $ 11.49 05/01/201365050 BUILDING MAINTENANCE MATERIALJAMES PARK RPZ REPAIRPRCS/FAC - 49954LEMOI ACE HARDWARE $ 8.97 05/01/201365050 BUILDING MAINTENANCE MATERIALEGGELSTON PARK DRINKING FOUNTAIN REPAIRPRCS/FAC - 49954THE HOME DEPOT 1902 $ 61.66 05/01/2013 65085 MINOR EQUIP & TOOLSEQUIPMENT FOR SEASONAL COIL CLEANINGPRCS/FAC - 49954THE HOME DEPOT 1902 $ 29.96 05/02/201365050 BUILDING MAINTENANCE MATERIALBATTERIES LMCCPRCS/FAC - 49954MARSHALL ELECTRONI $ (91.18) 05/02/201365050 BUILDING MAINTENANCE MATERIALCREDITPRCS/FAC - 49954ABLE DISTRIBUTORS $ 82.41 05/02/201365050 BUILDING MAINTENANCE MATERIALSERVICE CENTER RADIATOR HEATER CONTROLPRCS/FAC - 49954LEMOI ACE HARDWARE $ 17.24 05/02/201365050 BUILDING MAINTENANCE MATERIALNOYES CENTER FAN BELTSPRCS/FAC - 49954LEMOI ACE HARDWARE $ 15.88 05/02/201365050 BUILDING MAINTENANCE MATERIALLEE ST. BEACH HOUSE SINK REPAIRPRCS/FAC - 49954THE HOME DEPOT 1902 $ 13.44 05/03/201365050 BUILDING MAINTENANCE MATERIALNOYES THEATRE AISLE LIGHTINGPRCS/FAC - 49954WW GRAINGER $ 822.20 05/03/201365050 BUILDING MAINTENANCE MATERIALREPLACEMENT BALLAST FOR LEVY BALL FIELDSPRCS/FAC - 49954WW GRAINGER $ 9.96 05/03/201365050 BUILDING MAINTENANCE MATERIALFAN BELT FOR ANIMAL SHELTER EXHAUSTPRCS/FAC - 49954WW GRAINGER $ 65.34 05/03/2013 65090 SAFETY EQUIPMENTOVER BOOTS, MARTY, MARKPRCS/FAC - 49954THE HOME DEPOT 1902 $ 54.98 05/03/201365050 BUILDING MAINTENANCE MATERIALMATERIALS TO PREP BOAT RAMP FOR INSTALLATIONPRCS/FAC - 49954WW GRAINGER $ 402.12 05/06/201365050 BUILDING MAINTENANCE MATERIALREPLACEMENT BALLAST AND LAMPS FOR SHOPPRCS/FAC - 49954THE HOME DEPOT 1902 $ 28.26 05/06/201365050 BUILDING MAINTENANCE MATERIALNOYES THEATRE AISLE LIGHTINGPRCS/FAC - 49954THE HOME DEPOT 1902 $ 985.05 05/06/201365050 BUILDING MAINTENANCE MATERIALREPLACEMENT CARPET FIRE #2 DUE TO FLOODPRCS/FAC - 49954SAMSCLUB #8184 $ 70.56 05/06/201365050 BUILDING MAINTENANCE MATERIALSAM'S CLUB PURCHASE FOR MEETING WITH CMPRCS/FAC - 49954LEMOI ACE HARDWARE $ 6.69 05/07/201365050 BUILDING MAINTENANCE MATERIALCLARK ST. BEACH HOUSE DRINKING FOUNTAIN REPAIRPRCS/FAC - 49954LEMOI ACE HARDWARE $ 1.91 05/07/2013 65085 MINOR EQUIP & TOOLSTOOL BIT FOR SHOPPRCS/FAC - 49954EVANSTON LUMBER $ 100.48 05/07/201365050 BUILDING MAINTENANCE MATERIALMATERIALS FOR NEW PARK SIGN ABORETUMPRCS/FAC - 49954ANDERSON LOCK CO $ 224.90 05/08/201365050 BUILDING MAINTENANCE MATERIALLIBRARY EAST ENTRANCE DOOR REPLACEMENT PARTSPRCS/FAC - 49954ANDERSON LOCK CO $ 724.98 05/08/201365050 BUILDING MAINTENANCE MATERIALLOCK BATTERIES, KEYPADS AND HARNESSESPRCS/FAC - 49954THE HOME DEPOT 1902 $ 9.97 05/08/201365050 BUILDING MAINTENANCE MATERIALNOYES THEATRE AISLE LIGHTINGPRCS/FAC - 49954HANDYCO LLC $ 144.23 05/08/201365050 BUILDING MAINTENANCE MATERIALWATER CLOSET SENSOR FOR DEMPSTER BEACH HOUSEPRCS/FAC - 49954WW GRAINGER $ 208.59 05/08/201365050 BUILDING MAINTENANCE MATERIALFAN BELTS FOR EPD PENTHOUSE AHUPRCS/FAC - 49954LEMOI ACE HARDWARE $ 3.82 05/08/2013 65085 MINOR EQUIP & TOOLSTOOL BIT FOR SHOPPRCS/FAC - 49954STANDARD PIPE $ 340.23 05/08/201365050 BUILDING MAINTENANCE MATERIALREPLACEMENT EJECTORPRCS/FAC - 49954ANDERSON LOCK CO $ 96.84 05/09/201365050 BUILDING MAINTENANCE MATERIALMORTISE CYLINDERS FOR SHOP STOCKPRCS/FAC - 49954JOHNSTONE SUPPLY OF NI $ 28.00 05/09/201365050 BUILDING MAINTENANCE MATERIALTRANSFORMER FOR FIRE #3 WATER HEATERJuly 8, 2013Page 6 of 1988 of 994 Bank of America Credit Card Statement for the Period ending May 31, 2013REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTIONPRCS/FAC - 49954WW GRAINGER $ 291.72 05/09/201365050 BUILDING MAINTENANCE MATERIALTENNIS COURT LAMPS AND BALLAST FLEETWOODPRCS/FAC - 49954WW GRAINGER $ 391.05 05/09/201365050 BUILDING MAINTENANCE MATERIALTENNIS COURT BALLAST KITPRCS/FAC - 49954STANDARD PIPE $ 124.22 05/09/201365050 BUILDING MAINTENANCE MATERIALECOLOGY CENTER MAIN WATER LINE RELOCATIONPRCS/FAC - 49954THE NORROS CORPORATION $ 225.47 05/09/201365050 BUILDING MAINTENANCE MATERIALBOILER TEST KIT FOR LMCCPRCS/FAC - 49954LEMOI ACE HARDWARE $ 9.57 05/09/201365050 BUILDING MAINTENANCE MATERIALFASTENERS FOR GARDEN FAIRPRCS/FAC - 49954THE HOME DEPOT 1902 $ 60.74 05/09/201365050 BUILDING MAINTENANCE MATERIALMASON PARK SHELVING AND BRACKETSPRCS/FAC - 49954EVANSTON LUMBER $ 228.32 05/09/201365050 BUILDING MAINTENANCE MATERIALLIFE GUARD STAND/CHAIRPRCS/FAC - 49954JOHNSTONE SUPPLY OF NI $ 436.23 05/10/201365050 BUILDING MAINTENANCE MATERIALHVAC SUPPLIES FOR SUITE 1700 LMCCPRCS/FAC - 49954WW GRAINGER $ 269.40 05/10/201365050 BUILDING MAINTENANCE MATERIALLIGHT LAMPS LMCCPRCS/FAC - 49954WW GRAINGER $ 134.10 05/10/201365050 BUILDING MAINTENANCE MATERIALBALLASTS AND LIGHT LAMPS LMCCPRCS/FAC - 49954WW GRAINGER $ 303.12 05/10/201365050 BUILDING MAINTENANCE MATERIALU-SHAPED LIGHT LAMPSPRCS/FAC - 49954WW GRAINGER $ 88.56 05/10/201365050 BUILDING MAINTENANCE MATERIALDUST SPRAY LMCCPRCS/FAC - 49954WW GRAINGER $ 416.52 05/10/201365050 BUILDING MAINTENANCE MATERIALBALLASTS AND LIGHT LAMPS LMCCPRCS/FAC - 49954STANDARD PIPE $ 65.28 05/10/201365050 BUILDING MAINTENANCE MATERIALECOLOGY CENTER MAIN WATER LINE RELOCATIONPRCS/FAC - 49954WW GRAINGER $ 791.04 05/10/201365050 BUILDING MAINTENANCE MATERIALREPLACEMENT BALLAST AND LAMPS FOR CROWN, LEVYPRCS/FAC - 49954EPCO PAINT STORE 1252 $ 148.02 05/10/201365050 BUILDING MAINTENANCE MATERIALFOUNTAIN SQ. BASIN COATINGPRCS/FAC - 49954THE HOME DEPOT 1902 $ 46.17 05/13/201365050 BUILDING MAINTENANCE MATERIALHVAC SUPPLIES FOR SUITE 1700 LMCCPRCS/FAC - 49954THE HOME DEPOT 1902 $ 12.74 05/13/201365050 BUILDING MAINTENANCE MATERIALBLANK COVERS FOR FLEETWOODPRCS/FAC - 49954THE HOME DEPOT 1902 $ 43.20 05/13/201365050 BUILDING MAINTENANCE MATERIALNOYES THEATRE AISLE LIGHTINGPRCS/FAC - 49954THE HOME DEPOT 1902 $ 5.96 05/13/201365050 BUILDING MAINTENANCE MATERIALCIVIC CENTER SINK REPAIRPRCS/FAC - 49954THE HOME DEPOT 1902 $ 25.28 05/13/201365050 BUILDING MAINTENANCE MATERIALFUSES FOR LEVY ROOF TOP UNITPRCS/FAC - 49954JOHNSTONE SUPPLY OF NI $ 84.50 05/14/201365050 BUILDING MAINTENANCE MATERIALREPLACEMENT VALVE FOR BOILER AT MAIN LIBRARYPRCS/FAC - 49954STANDARD PIPE $ 18.17 05/14/201365050 BUILDING MAINTENANCE MATERIALPLUMBING SUPPLIES FOR PARK OPENINGSPRCS/FAC - 49954LEMOI ACE HARDWARE $ 4.98 05/14/201365050 BUILDING MAINTENANCE MATERIALCIVIC CENTER SINK REPAIRPRCS/FAC - 49954LEMOI ACE HARDWARE $ 12.46 05/14/201365050 BUILDING MAINTENANCE MATERIALCIVIC CENTER IRRIGATIONPRCS/FAC - 49954WW GRAINGER $ 138.06 05/14/201365050 BUILDING MAINTENANCE MATERIALREPLACEMENT LAMPS FOR CROWN, LEVY AND FLEETWOODPRCS/FAC - 49954WW GRAINGER $ 751.66 05/14/201365050 BUILDING MAINTENANCE MATERIALREPLACEMENT LAMPS FOR CROWN, LEVY AND FLEETWOODPRCS/FAC - 49954DREISILKER ELEC MOT $ 246.21 05/14/201365050 BUILDING MAINTENANCE MATERIALLEVY RTU CAPACITOR AND FAN MOTORPRCS/FAC - 49954EVANSTON LUMBER $ (44.66) 05/14/201365050 BUILDING MAINTENANCE MATERIALCREDIT FOR LUMBER NOT USED IN LIFE GURAD STANDPRCS/FAC - 49954THE HOME DEPOT 1902 $ 10.74 05/15/201365050 BUILDING MAINTENANCE MATERIALEPD LOCK FOR ARMORED CARJuly 8, 2013Page 7 of 1989 of 994 Bank of America Credit Card Statement for the Period ending May 31, 2013REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTIONPRCS/FAC - 49954THE HOME DEPOT 1902 $ 54.32 05/15/201365050 BUILDING MAINTENANCE MATERIALFITTINGS FOR BOILER AT MIAN LIBRARYPRCS/FAC - 49954THE HOME DEPOT 1902 $ 87.75 05/15/201365050 BUILDING MAINTENANCE MATERIALEPD RELOCATION OF ELECTRICAL SERVICES (RECORDS)PRCS/FAC - 49954ABLE DISTRIBUTORS $ 89.08 05/15/201365050 BUILDING MAINTENANCE MATERIALMATERIALS FOR TRUCK STOCKPRCS/FAC - 49954THE HOME DEPOT 1902 $ 89.88 05/15/2013 65085 MINOR EQUIP & TOOLSREPLACEMENT HAND TOOLSPRCS/FAC - 49954THE HOME DEPOT 1902 $ 149.52 05/15/201365050 BUILDING MAINTENANCE MATERIALSOUND ATTENUATION MATERILA FOR SUITE 1700PRCS/FAC - 49954STANDARD PIPE $ 458.51 05/16/201365050 BUILDING MAINTENANCE MATERIALRPZ REPAIR LEE ST. AND BUTLER PARKPRCS/FAC - 49954LEMOI ACE HARDWARE $ 29.84 05/16/201365050 BUILDING MAINTENANCE MATERIALPARK OPENING, LEE ST. AND BUTLER PARKPRCS/FAC - 49954WW GRAINGER $ 375.89 05/16/201365050 BUILDING MAINTENANCE MATERIALREPLACEMENT LAMPS FOR CROWN, LEVY AND FLEETWOODPRCS/FAC - 49954ABLE DISTRIBUTORS $ 173.88 05/16/201365050 BUILDING MAINTENANCE MATERIALCOIL CLEANING CHEMICALSPRCS/FAC - 49954LEMOI ACE HARDWARE $ 18.66 05/16/201365050 BUILDING MAINTENANCE MATERIALPIPE FITTING FOR FOUNTAIN SQUAREPRCS/FAC - 49954EPCO PAINT STORE 1252 $ 445.25 05/16/201365050 BUILDING MAINTENANCE MATERIALPAINTING MATERIAL FOR SUITE 1700PRCS/FAC - 49954THE HOME DEPOT 1902 $ (45.00) 05/16/201365050 BUILDING MAINTENANCE MATERIALCREDIT ON RETURNPRCS/FAC - 49954THE HOME DEPOT 1902 $ (4.09) 05/16/201365050 BUILDING MAINTENANCE MATERIALCREDIT FOR RETURNPRCS/FAC - 49954THE HOME DEPOT 1902 $ 62.72 05/17/201365050 BUILDING MAINTENANCE MATERIALCLEANING SUPPLIES LMCCPRCS/FAC - 49954THE HOME DEPOT 1902 $ 510.34 05/17/201365050 BUILDING MAINTENANCE MATERIALCEILING TILE FOR SUITE 1700 LMCCPRCS/FAC - 49954HOOVER FENCE CO. $ 453.00 05/17/201365050 BUILDING MAINTENANCE MATERIALDOG BEACH GATEPRCS/FAC - 49954JOHNSTONE SUPPLY OF NI $ 379.97 05/17/201365050 BUILDING MAINTENANCE MATERIALLEVY/SERVICE CENTER LINE VOLT PHASE PROTECTORPRCS/FAC - 49954WW GRAINGER $ 121.58 05/17/201365050 BUILDING MAINTENANCE MATERIALMISC. FAN BELTS FOR VARIOUS LOCATIONS/STORE PUPRCS/FAC - 49954LEMOI ACE HARDWARE $ 12.46 05/17/201365050 BUILDING MAINTENANCE MATERIALFASTENER FOR FOUNTIAN SQUAREPRCS/FAC - 49954LEMOI ACE HARDWARE $ (18.66) 05/17/201365050 BUILDING MAINTENANCE MATERIALRETURN - PIPE FITTINGPRCS/FAC - 49954THE HOME DEPOT 1902 $ 12.97 05/20/201365050 BUILDING MAINTENANCE MATERIALCOLLECTORS OFFICE SURGE PROTECTOR LMCCPRCS/FAC - 49954LEMOI ACE HARDWARE $ 14.37 05/20/201365050 BUILDING MAINTENANCE MATERIALFAN BELT FOR MAIN LIBRARYPRCS/FAC - 49954WW GRAINGER $ 85.10 05/20/201365050 BUILDING MAINTENANCE MATERIALFLEETWOOD BASKETPRCS/FAC - 49954THE HOME DEPOT 1902 $ 61.65 05/20/201365050 BUILDING MAINTENANCE MATERIALFIRE #2 HAND DRYER INSTALLATIONPRCS/FAC - 49954THE HOME DEPOT 1902 $ 15.51 05/20/201365050 BUILDING MAINTENANCE MATERIALFIRE #2 HAND DRYER INSTALLATIONPRCS/FAC - 49954LEMOI ACE HARDWARE $ 2.83 05/20/201365050 BUILDING MAINTENANCE MATERIALPARK OPENINGPRCS/FAC - 49954HALOGEN SUPPLY COMPANY $ 313.00 05/20/201365050 BUILDING MAINTENANCE MATERIALFILTER SAND AND BROMIDE FOR FOUNTAIN SQ.PRCS/FAC - 49954THE HOME DEPOT 1902 $ 195.97 05/20/201365050 BUILDING MAINTENANCE MATERIALNEW SHOP VACUUMPRCS/FAC - 49954LEMOI ACE HARDWARE $ 44.78 05/20/201365050 BUILDING MAINTENANCE MATERIALWATER TIMER FOR BIRF SANCTUARYPRCS/FAC - 49954WW GRAINGER $ 31.21 05/20/201365050 BUILDING MAINTENANCE MATERIALFILTER MEDIA FOR VARIOUS LOCATIONSJuly 8, 2013Page 8 of 1990 of 994 Bank of America Credit Card Statement for the Period ending May 31, 2013REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTIONPRCS/FAC - 49954WW GRAINGER $ 31.21 05/20/201365050 BUILDING MAINTENANCE MATERIALFILTER MEDIA FOR VARIOUS LOCATIONSPRCS/FAC - 49954LEMOI ACE HARDWARE $ 12.22 05/20/201365050 BUILDING MAINTENANCE MATERIALFASTENERS FOR FOUNTAIN SQ.PRCS/FAC - 49954LEMOI ACE HARDWARE $ 19.16 05/20/201365050 BUILDING MAINTENANCE MATERIALMISC. REPLACEMENT PARTS FOR FOUNTIAN SQ.PRCS/FAC - 49954STANDARD PIPE $ 35.71 05/21/201365050 BUILDING MAINTENANCE MATERIALWALL HYDRANT AT LIGHT HOUSEPRCS/FAC - 49954THE HOME DEPOT 1902 $ 29.88 05/22/201365050 BUILDING MAINTENANCE MATERIALLIGHT LAMPS FOR BEACH HOUSEPRCS/FAC - 49954WW GRAINGER $ 468.54 05/22/201365050 BUILDING MAINTENANCE MATERIALCHANDLER CENTER BALL FIELD BALLASTS AND LAMPSPRCS/FAC - 49954TEC #114 $ 250.82 05/22/201365050 BUILDING MAINTENANCE MATERIALEPD PHONE ROOM AIR/CON EM REPAIRPRCS/FAC - 49954LEMOI ACE HARDWARE $ 7.16 05/22/201365050 BUILDING MAINTENANCE MATERIALCHURCH ST. GARAGE HOSE CAPSPRCS/FAC - 49954WW GRAINGER $ 335.10 05/22/201365050 BUILDING MAINTENANCE MATERIALFOUNTAIN LIGHTS REPLACEMENT LAMPSPRCS/FAC - 49954ACTIVE ELECTRIC SUPPLY $ 31.48 05/23/201365050 BUILDING MAINTENANCE MATERIALLAKE FRONT CFL RETRO FITPRCS/FAC - 49954ACTIVE ELECTRIC SUPPLY $ 119.27 05/23/201365050 BUILDING MAINTENANCE MATERIALEPD NEW EXTERIOR RECEPTACLEPRCS/FAC - 49954THE HOME DEPOT 1902 $ 7.47 05/23/201365050 BUILDING MAINTENANCE MATERIALLAKE FRONT CFL RETRO FITPRCS/FAC - 49954THE HOME DEPOT 1902 $ 5.76 05/23/201365050 BUILDING MAINTENANCE MATERIALLEVY CENTER FOUNTAIN START UPPRCS/FAC - 49954STANDARD PIPE $ 170.80 05/23/201365050 BUILDING MAINTENANCE MATERIALFIRE #2 CHECK VALVEPRCS/FAC - 49954DREISILKER ELEC MOT $ 238.14 05/23/201365050 BUILDING MAINTENANCE MATERIALEXHAUST FANS FOR LAGOON BUILDINGPRCS/FAC - 49954STANDARD PIPE $ 62.46 05/24/201365050 BUILDING MAINTENANCE MATERIALFIRE #3 C120444PRCS/FAC - 49954ABLE DISTRIBUTORS $ 11.08 05/24/201365050 BUILDING MAINTENANCE MATERIALSHEET METAL FOR SHOP STOCKPRCS/FAC - 49954THE HOME DEPOT 1902 $ 19.39 05/27/201365050 BUILDING MAINTENANCE MATERIALFIRE #2 CONCRETE PATCH FOR RODENT CONTROLPRCS/FAC - 49954THE HOME DEPOT 1902 $ 14.82 05/27/201365050 BUILDING MAINTENANCE MATERIALFIRE #2 HAND DRYER INSTALLATIONPRCS/FAC - 49954ELIGHTBULBS 800-948-1 $ 487.93 05/27/201365050 BUILDING MAINTENANCE MATERIALLIGHT LAMPS FOR FLEETWOOD BALLFIELDPRCS/FAC - 49954LEMOI ACE HARDWARE $ 18.80 05/27/201365050 BUILDING MAINTENANCE MATERIALWASHERS FOR FOUNTAIN SQPRCS/FAC - 49954THE HOME DEPOT 1902 $ 85.88 05/27/2013 65085 MINOR EQUIP & TOOLSTOOLS FOR NEW EMPLOYEE M. WEGENERPRCS/FAC - 49954JOHNSTONE SUPPLY OF NI $ 169.00 05/29/201365050 BUILDING MAINTENANCE MATERIALFIRE #2 WATER HEATER SENSORPRCS/FAC - 49954STANDARD PIPE $ 39.84 05/29/201365050 BUILDING MAINTENANCE MATERIALLEE ST. BEACH FAUCET STEMS C120490PRCS/FAC - 49954JOHNSTONE SUPPLY OF NI $ 31.68 05/30/201365050 BUILDING MAINTENANCE MATERIALFIRE #2 CLOTHES DRYER EXHAUSTPRCS/FAC - 49954THE HOME DEPOT 1902 $ 25.96 05/30/201365050 BUILDING MAINTENANCE MATERIALEPD RELOCATION OF ELECTRICAL SERVICES (RECORDS)PRCS/FAC - 49954THE HOME DEPOT 1902 $ 11.13 05/30/201365050 BUILDING MAINTENANCE MATERIALEPD RELOCATION OF ELECTRICAL SERVICES (RECORDS)PRCS/FAC - 49954WW GRAINGER $ 468.90 05/30/201365050 BUILDING MAINTENANCE MATERIALCATV DATA CABLE FOR SHOP STOCKPRCS/FAC - 49954THE HOME DEPOT 1902 $ 445.68 05/31/201365050 BUILDING MAINTENANCE MATERIALNEW LOCK FOR DOG BEACH GATEPRCS/FAC - 49954WW GRAINGER $ 64.33 05/31/201365050 BUILDING MAINTENANCE MATERIALREPLACEMENT MIRROR FOR GREENLEAF BEACH HOUSEPRCS/FLEETWOOD JOUR CNTR - 49960 GORDON FOOD SERVICE IN $ 71.47 05/01/2013 65025 FOODSUPPLIES FOR AFTER SCHOOL PROGRAMJuly 8, 2013Page 9 of 1991 of 994 Bank of America Credit Card Statement for the Period ending May 31, 2013REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTIONPRCS/FLEETWOOD JOUR CNTR - 49960 GORDON FOOD SERVICE IN $ 51.38 05/01/2013 65025 FOODMILK FOR AFTER SCHOOL PROGRAMPRCS/FLEETWOOD JOUR CNTR - 49960 TARGET 00009274 $ 13.98 05/01/2013 65110 REC PROGRAM SUPPLIES BOX OFFICE TICKET FILE BOXESPRCS/FLEETWOOD JOUR CNTR - 49960 GORDON FOOD SERVICE IN $ 364.18 05/02/2013 65025 FOODSUPPLIES FOR AFTER SCHOOL PROGRAMPRCS/FLEETWOOD JOUR CNTR - 49960 GORDON FOOD SERVICE IN $ 946.02 05/02/2013 65025 FOODSUPPLIES FOR AFTER SCHOOL PROGRAMPRCS/FLEETWOOD JOUR CNTR - 49960 S&S WORLDWIDE $ 582.78 05/02/2013 65110 REC PROGRAM SUPPLIES SUPPLIES FOR SUMMER CAMP PROGRAMPRCS/FLEETWOOD JOUR CNTR - 49960 E FAMILY FUN $ 407.73 05/02/2013 65110 REC PROGRAM SUPPLIES SUFFLE BOARD GAMEPRCS/FLEETWOOD JOUR CNTR - 49960 E FAMILY FUN $ 407.73 05/02/2013 65110 REC PROGRAM SUPPLIES SUFFLE BOARD GAMEPRCS/FLEETWOOD JOUR CNTR - 49960 E FAMILY FUN $ 349.49 05/02/2013 65110 REC PROGRAM SUPPLIES SUFFLE BOARD GAMEPRCS/FLEETWOOD JOUR CNTR - 49960 BLICK ART 800 447 1892 $ 15.56 05/03/2013 65110 REC PROGRAM SUPPLIES SUPPLIES FOR POSTER DISPLAYS THEATREPRCS/FLEETWOOD JOUR CNTR - 49960 S&S WORLDWIDE $ 679.96 05/03/2013 65110 REC PROGRAM SUPPLIES SUPPLIES FOR SUMMER CAMP PROGRAMPRCS/FLEETWOOD JOUR CNTR - 49960 S&S WORLDWIDE $ 236.12 05/03/2013 65110 REC PROGRAM SUPPLIES SUPPLIES FOR SUMMER CAMP PROGRAMPRCS/FLEETWOOD JOUR CNTR - 49960 US CASINO RENTALS $ 42.50 05/06/2013 62375 RENTALSSERVICES FOR SENIOR CRUISEPRCS/FLEETWOOD JOUR CNTR - 49960 GORDON FOOD SERVICE IN $ 124.62 05/06/2013 65025 FOODSUPPLIES PURCHASEDPRCS/FLEETWOOD JOUR CNTR - 49960 THE UPS STORE 1037 $ 16.07 05/06/2013 65110 REC PROGRAM SUPPLIES RETURN SCOREBOARD TO MANUFACTURERPRCS/FLEETWOOD JOUR CNTR - 49960 GORDON FOOD SERVICE IN $ 51.32 05/08/2013 65025 FOODSUPPLIES FOR AFTER SCHOOL PROGRAMPRCS/FLEETWOOD JOUR CNTR - 49960 GORDON FOOD SERVICE IN $ 22.96 05/08/2013 65025 FOODSUPPLIES FOR AFTER SCHOOL PROGRAMPRCS/FLEETWOOD JOUR CNTR - 49960 GORDON FOOD SERVICE IN $ (124.62) 05/08/2013 65025 FOODCREDIT FOR INCORRECT CHARGEPRCS/FLEETWOOD JOUR CNTR - 49960 SSI CLASSROOM DIRECT $ 317.68 05/08/2013 65110 REC PROGRAM SUPPLIES SUPPLIES FOR SUMMER CAMP PROGRAMPRCS/FLEETWOOD JOUR CNTR - 49960 CONSTRUCT PLAYTHNGS.CO $ 540.31 05/10/2013 65025 FOODSUPPLIES FOR SUMMER CAMPPRCS/FLEETWOOD JOUR CNTR - 49960 US TOY CO INC 2 $ 281.19 05/10/2013 65110 REC PROGRAM SUPPLIES SUPPLIES FOR CHILDRENS DAYPRCS/FLEETWOOD JOUR CNTR - 49960 S&S WORLDWIDE $ 229.49 05/13/2013 65110 REC PROGRAM SUPPLIES SUPPLIES FOR SUMMER CAMP PROGRAMPRCS/FLEETWOOD JOUR CNTR - 49960 SOMETHING OLD & NEW $ 4.00 05/13/2013 65110 REC PROGRAM SUPPLIES COSTUMES FOR FJT SEASONPRCS/FLEETWOOD JOUR CNTR - 49960 RAGSTOCK #70 $ 12.00 05/13/2013 65110 REC PROGRAM SUPPLIES COSTUME FOR FJT SEASONPRCS/FLEETWOOD JOUR CNTR - 49960 BELMONT ARMY VINTAGE $ 23.00 05/13/2013 65110 REC PROGRAM SUPPLIES COSTUMES FOR FJT SEASONPRCS/FLEETWOOD JOUR CNTR - 49960 GFS MKTPLC #1915 $ 15.98 05/13/2013 65025 FOODSUPPLIES FOR CHILDRENS DAYPRCS/FLEETWOOD JOUR CNTR - 49960 BLICK ART 800 447 1892 $ 36.84 05/13/2013 65110 REC PROGRAM SUPPLIES SUPPLIES FOR CHILDRENS DAYPRCS/FLEETWOOD JOUR CNTR - 49960 PETSMART INC 427 $ 53.41 05/13/2013 65110 REC PROGRAM SUPPLIES SUPPLIES FOR CHILDRESN DAYPRCS/FLEETWOOD JOUR CNTR - 49960 GORDON FOOD SERVICE IN $ 242.91 05/14/2013 65025 FOODSUPPLIES FOR CHILDRENS DAY PROGRAMPRCS/FLEETWOOD JOUR CNTR - 49960 GORDON FOOD SERVICE IN $ 23.88 05/14/2013 65025 FOODSUPPLIES FOR AFTER SCHOOL PROGRAMPRCS/FLEETWOOD JOUR CNTR - 49960 HOLLYWOOD PARK $ 25.00 05/15/2013 62507 FIELD TRIPSDEPOSIT FOR CAMP FIELD TRIPPRCS/FLEETWOOD JOUR CNTR - 49960 GORDON FOOD SERVICE IN $ 51.32 05/15/2013 65025 FOODSUPPLIES FOR AFTER SCHOOL PROGRAMPRCS/FLEETWOOD JOUR CNTR - 49960 GORDON FOOD SERVICE IN $ 49.40 05/15/2013 65025 FOODSUPPLIES FOR AFTER SCHOOL PROGRAMPRCS/FLEETWOOD JOUR CNTR - 49960 KENNY THE KLEENER-SKOK $ 288.00 05/15/2013 65110 REC PROGRAM SUPPLIES CLEANING OF TABLE CLOTHSPRCS/FLEETWOOD JOUR CNTR - 49960 HAUNTED TRAILS - BURBA $ 547.50 05/17/2013 62507 FIELD TRIPSDEPOSIT FOR FIELD TRIPPRCS/FLEETWOOD JOUR CNTR - 49960 QUARTET DIGITAL PRINTI $ 61.68 05/17/2013 65110 REC PROGRAM SUPPLIES FJT COSTUMESPRCS/FLEETWOOD JOUR CNTR - 49960 ENCHANTED CASTLE $ 300.00 05/20/2013 62507 FIELD TRIPSDEPOSIT FOR FIELD TRIPPRCS/FLEETWOOD JOUR CNTR - 49960 THE HOME DEPOT 1902 $ 194.04 05/20/2013 65110 REC PROGRAM SUPPLIES MATERIALS FOR SET FJTPRCS/FLEETWOOD JOUR CNTR - 49960 THE HOME DEPOT 1902 $ 181.79 05/20/2013 65110 REC PROGRAM SUPPLIES MATERIALS FOR SET FJTPRCS/FLEETWOOD JOUR CNTR - 49960 THE HOME DEPOT 1902 $ 122.57 05/20/2013 65110 REC PROGRAM SUPPLIES SET BUILDING MATERIALS FOR FJTPRCS/FLEETWOOD JOUR CNTR - 49960 TOM THUMB HOBBY & CRAF $ 34.60 05/20/2013 65110 REC PROGRAM SUPPLIES MATERIALS FOR FJT DISPLAY CASEPRCS/FLEETWOOD JOUR CNTR - 49960 FACTORY CARD OUTLET #3 $ 88.17 05/20/2013 65110 REC PROGRAM SUPPLIES DECORATING MATERIALS FOR FJCCPRCS/FLEETWOOD JOUR CNTR - 49960 WALGREENS #2619 $ 5.98 05/20/2013 65025 FOODWATER FOR PARTICIPANTS IN SPORTS PROGRAMPRCS/FLEETWOOD JOUR CNTR - 49960 MICHAELS #3849 $ 51.00 05/21/2013 65110 REC PROGRAM SUPPLIES SUPPLIES FOR SENIOR CRUISEPRCS/FLEETWOOD JOUR CNTR - 49960 GORDON FOOD SERVICE IN $ 26.52 05/22/2013 65025 FOODSUPPLIES FOR AFTER SCHOOL PROGRAMPRCS/FLEETWOOD JOUR CNTR - 49960 GORDON FOOD SERVICE IN $ 51.32 05/22/2013 65025 FOODSUPPLIES FOR AFTER SCHOOL PROGRAMPRCS/FLEETWOOD JOUR CNTR - 49960 AMERICAN HOTEL REG $ 542.46 05/22/2013 65040 JANITORIAL SUPPLIESSUPPLIES FOR BUILDINGPRCS/FLEETWOOD JOUR CNTR - 49960 THE HOME DEPOT 1902 $ 109.85 05/22/2013 65110 REC PROGRAM SUPPLIES SET BUILDING MATERIALS FOR FJTPRCS/FLEETWOOD JOUR CNTR - 49960 THE LIMITED - WATE $ 22.49 05/22/2013 65110 REC PROGRAM SUPPLIES COSTUMES FOR FJTJuly 8, 2013Page 10 of 1992 of 994 Bank of America Credit Card Statement for the Period ending May 31, 2013REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTIONPRCS/FLEETWOOD JOUR CNTR - 49960 FOREVER21 #3004 $ 30.37 05/22/2013 65110 REC PROGRAM SUPPLIES COSTUMES FOR FJTPRCS/FLEETWOOD JOUR CNTR - 49960 US TOY CO INC 2 $ 81.57 05/23/2013 65110 REC PROGRAM SUPPLIES SUPPLIES FOR SENIOR PROGRAMPRCS/FLEETWOOD JOUR CNTR - 49960 S&S WORLDWIDE $ 50.98 05/24/2013 65110 REC PROGRAM SUPPLIES SUMMER CAMP PORGRAMPRCS/FLEETWOOD JOUR CNTR - 49960 WING STOP # 376 $ 63.29 05/27/2013 65025 FOODSUPPLIES FOR SENIOR CRUISEPRCS/FLEETWOOD JOUR CNTR - 49960 GORDON FOOD SERVICE IN $ 267.00 05/27/2013 65025 FOODSUPPLIES FOR SENIOR CRUISEPRCS/FLEETWOOD JOUR CNTR - 49960 GORDON FOOD SERVICE IN $ 268.42 05/27/2013 65025 FOODSUPPLIES FOR SENIOR CRUISEPRCS/FLEETWOOD JOUR CNTR - 49960 GORDON FOOD SERVICE IN $ 36.33 05/27/2013 65025 FOODSUPPLIES FOR SENIOR CRUISEPRCS/FLEETWOOD JOUR CNTR - 49960 WALGREENS #2619 $ 31.98 05/27/2013 65110 REC PROGRAM SUPPLIES BATTERIES FOR SOUND SYSTEMPRCS/FLEETWOOD JOUR CNTR - 49960 VOGUE FABRICS $ 7.96 05/27/2013 65110 REC PROGRAM SUPPLIES FABRIC FOR FJT DISPLAY CASEPRCS/FLEETWOOD JOUR CNTR - 49960 GUITAR WORKS $ 62.00 05/27/2013 65110 REC PROGRAM SUPPLIES MICROPHONE STANDSPRCS/FLEETWOOD JOUR CNTR - 49960 CHICAGO COSTUME $ 79.90 05/27/2013 65110 REC PROGRAM SUPPLIES SUPPLIES FOR SENIOR CRUISEPRCS/FLEETWOOD JOUR CNTR - 49960 OFFICE DEPOT #510 $ 10.78 05/27/2013 65110 REC PROGRAM SUPPLIES SUPPLIES FOR SENIOR CRUISEPRCS/FLEETWOOD JOUR CNTR - 49960 TARGET 00009274 $ 139.99 05/27/2013 65025 FOODBLENDERS AND GIFT CARDS FOR SENIOR CRUISEPRCS/FLEETWOOD JOUR CNTR - 49960 MACY S EAST #215 $ 8.00 05/28/201365050 BUILDING MAINTENANCE MATERIALSUPPLIES FOR FJTPRCS/FLEETWOOD JOUR CNTR - 49960 MACY S EAST #215 $ 64.99 05/28/2013 65110 REC PROGRAM SUPPLIES SUPPLIES FOR FJT SEASONPRCS/FLEETWOOD JOUR CNTR - 49960 RAGSTOCK #70 $ 7.00 05/28/2013 65110 REC PROGRAM SUPPLIES COSTUMES FOR SUMMER PRODUCTIONSPRCS/FLEETWOOD JOUR CNTR - 49960 JO-ANN STORES #2117 $ 33.77 05/28/2013 65110 REC PROGRAM SUPPLIES SUPPLIES FOR SUMMER PRODUCTIONSPRCS/FLEETWOOD JOUR CNTR - 49960 BURLINGTON COA00008383 $ 19.99 05/28/2013 65110 REC PROGRAM SUPPLIES SUPPLIES FOR FJTPRCS/FLEETWOOD JOUR CNTR - 49960 US CASINO RENTALS $ 382.50 05/29/2013 62375 RENTALSSUPPLY RENTAL FOR SENIOR CRUISEPRCS/FLEETWOOD JOUR CNTR - 49960 GORDON FOOD SERVICE IN $ 51.32 05/30/2013 65025 FOODSUPPLIES FOR AFTER SCHOOL PROGRAMPRCS/FLEETWOOD JOUR CNTR - 49960 GORDON FOOD SERVICE IN $ 27.43 05/30/2013 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/LEVY SEN CNTR - 49949THE HOME DEPOT 1902 $ 35.22 05/03/201365050 BUILDING MAINTENANCE MATERIALSUPPLIES TO FIX DOOR STOPSPRCS/LEVY SEN CNTR - 49949DRAMATIC PUBLISHING CO $ 21.78 05/06/2013 65110 REC PROGRAM SUPPLIES PERUSAL SCRIPTS FOR ECTPRCS/LEVY SEN CNTR - 49949MARIAN HEATH GREETING $ 229.94 05/06/2013 65110 REC PROGRAM SUPPLIES CARDS FOR LEVY GIFT SHOPPRCS/LEVY SEN CNTR - 49949DAVIS TRANSPORTATION L $ 288.00 05/09/2013 62507 FIELD TRIPSBUS FOR SENIOR TRIPPRCS/LEVY SEN CNTR - 49949SCRUBBER CITY INC $ 63.54 05/10/201365050 BUILDING MAINTENANCE MATERIALPARTS FOR FLOOR SCRUBBERPRCS/LEVY SEN CNTR - 49949CLASSICAL GLASS $ 520.52 05/15/2013 65110 REC PROGRAM SUPPLIESCERAMICS EQUIPMENT. COST REIMBURSED BY LEVY SENIOR CENTER FOUNDATION.PRCS/LEVY SEN CNTR - 49949CLASSICAL GLASS $ 304.54 05/15/2013 65110 REC PROGRAM SUPPLIES CERAMICS AND BEADING CLASS SUPPLIESPRCS/LEVY SEN CNTR - 49949DAVIS TRANSPORTATION L $ 128.00 05/16/2013 62507 FIELD TRIPSBUS FOR SENIOR TRIPPRCS/LEVY SEN CNTR - 49949CHD DALLASMIDWEST.COM $ 133.95 05/17/2013 65110 REC PROGRAM SUPPLIES MAIL BOXES FRO LEVY OFFICE - REIMBURSE FROM SHIP GRANT MONEYPRCS/LEVY SEN CNTR - 49949AMAZON MKTPLACE PMTS $ 24.36 05/23/2013 65095 OFFICE SUPPLIESWIRELESS MOUSE FOR FRONT DESKPRCS/LEVY SEN CNTR - 49949AMAZON MKTPLACE PMTS $ 34.64 05/23/2013 65095 OFFICE SUPPLIESWIRELESS KEYBOARD FOR FRONT DESKPRCS/LEVY SEN CNTR - 49949MICHIGAN COMPANY $ 106.00 05/23/201365050 BUILDING MAINTENANCE MATERIALPARTS FOR FLOOR SCRUBBERPRCS/LEVY SEN CNTR - 49949FIELD'S FABRICS ONLINE $ 295.75 05/27/2013 65110 REC PROGRAM SUPPLIES MATERIAL FOR CRAFT CLASSPRCS/LEVY SEN CNTR - 49949ALLIED BINGO SUPPLIES $ 16.11 05/29/2013 65110 REC PROGRAM SUPPLIES PART TO FIX BINGO MACHINEPRCS/LEVY SEN CNTR - 49949SERV-U $ 70.75 05/30/2013 65025 FOODGLASSES FOR SENIOR LUNCH PROGRAMPRCS/LEVY SEN CNTR - 49949GFS MKTPLC #1915 $ 50.30 05/30/2013 65025 FOODKITCHEN SUPPLIESPRCS/LEVY SEN CNTR - 49949MICHIGAN COMPANY $ 38.50 05/31/201365050 BUILDING MAINTENANCE MATERIALPARTS FOR FLOOR SCRUBBERPRCS/LEVY SEN CNTR - 49949THE HOME DEPOT 1902 $ 27.88 05/31/2013 65110 REC PROGRAM SUPPLIES CASTORS FOR STORAGE CARTSPRCS/NOYES CNTR - 49961OCS SOLUTIONS $ 6.95 05/02/2013 62490 OTHER PROGRAM COSTS MONTHLY WEB HOSTING FEE FOR EVANSTONARTSBUZZ.COMPRCS/NOYES CNTR - 49961USPS 16262202033309188 $ 165.00 05/06/2013 62315 POSTAGEPOSTAGE FOR GALLERY EXHIBIT POSTCARDSPRCS/NOYES CNTR - 49961LEMOI ACE HARDWARE $ 12.99 05/06/2013 65040 JANITORIAL SUPPLIESMAINTENANCE/CLEANING SUPPLIES FOR CENTERPRCS/NOYES CNTR - 49961OFFICE DEPOT #510 $ 11.98 05/07/2013 65110 REC PROGRAM SUPPLIES POCKET FOLDERS FOR BACKSTAGE EVANSTON MATERIALPRCS/NOYES CNTR - 49961INTERNAT`L DOWNTOWN AS $ 150.00 05/13/2013 62295 TRAINING & TRAVELREGISTRATION FEE FOR ARTS & ECONOMIC INNOVATION CONFERENCEPRCS/NOYES CNTR - 49961DOMINICKS STOR00011379 $ 12.47 05/15/2013 65110 REC PROGRAM SUPPLIES EARLY CHILDHOOD SUPPLIESJuly 8, 2013Page 11 of 1993 of 994 Bank of America Credit Card Statement for the Period ending May 31, 2013REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTIONPRCS/NOYES CNTR - 49961DOMAINDISCOVER $ 83.88 05/16/2013 62490 OTHER PROGRAM COSTS DOMAIN REGISTRATION FEE FOR EVANSTONARTSBUZZPRCS/NOYES CNTR - 49961PRINT PLACE $ 185.57 05/17/2013 62210 PRINTINGPROMOTIONAL POSTCARDS FOR SUMMER FESTIVALSPRCS/NOYES CNTR - 49961THE HOME DEPOT 1902 $ 126.36 05/20/2013 65110 REC PROGRAM SUPPLIES GALLERY SUPPLIESPRCS/NOYES CNTR - 49961DOMINICKS STOR00011379 $ 39.68 05/20/2013 65025 FOODREFRESHMENTS FOR STUDENT ART EXHIBITION AT NOYES GALLERYPRCS/NOYES CNTR - 49961JEWEL #3428 $ 52.51 05/20/2013 65110 REC PROGRAM SUPPLIES FOOD FOR CHILDRENS ART EXHIBIT AT THE CENTERPRCS/NOYES CNTR - 49961DHARMA TRADING CO. $ 108.52 05/27/2013 65110 REC PROGRAM SUPPLIES YAP SUPPLIESPRCS/NOYES CNTR - 49961MY PAPERSHOP.COM $ 50.90 05/27/2013 65110 REC PROGRAM SUPPLIES FULL DAY CAMP SUPPLIESPRCS/NOYES CNTR - 49961AMAZON MKTPLACE PMTS $ 13.95 05/27/2013 65110 REC PROGRAM SUPPLIES YAP SUPPLIESPRCS/NOYES CNTR - 49961KLEVER SALES LLC $ 47.38 05/27/2013 65110 REC PROGRAM SUPPLIES YAP SUPPLIESPRCS/NOYES CNTR - 49961NAIMIE S FLM & TV BTY $ 22.60 05/27/2013 65110 REC PROGRAM SUPPLIES YAP SUPLIESPRCS/NOYES CNTR - 49961AMAZON MKTPLACE PMTS $ 22.53 05/27/2013 65110 REC PROGRAM SUPPLIES YAP SUPPLIESPRCS/NOYES CNTR - 49961AMAZON MKTPLACE PMTS $ 24.71 05/29/2013 65110 REC PROGRAM SUPPLIES YAP SUPPLIESPRCS/NOYES CNTR - 49961PAYPAL BANDNBOWDEP $ 116.90 05/30/2013 65110 REC PROGRAM SUPPLIES RENAISSANCE, STEAMPUNK, PRINCESS SUPPLIESPRCS/NOYES CNTR - 49961INTERNATIONAL TRANSACTION $ 0.94 05/30/2013 65110 REC PROGRAM SUPPLIESBAND AND BOW IS A CANADIAN COMPANY THIS IS A BANK CHARGE FOR INTERNATIONAL TRANSACTIONPRCS/NOYES CNTR - 49961AMAZON MKTPLACE PMTS $ 30.16 05/31/2013 65110 REC PROGRAM SUPPLIES EARLY CHILDHOOD SUPPLIESPRCS/PARKS FORESTRY - 49965SAFETY SUPPLY ILLINOIS $ 305.48 05/01/2013 65090 SAFETY EQUIPMENTSAFETY GLOVESPRCS/PARKS FORESTRY - 49965LEMOI ACE HARDWARE $ 47.29 05/01/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSNUTS BOLTS ETC.PRCS/PARKS FORESTRY - 49965BSN SPORT SUPPLY GROUP $ 409.98 05/02/2013 65110 REC PROGRAM SUPPLIES HOME RUN FENCEPRCS/PARKS FORESTRY - 49965PAYPAL TOOLLINESCO $ 775.10 05/02/2013 65625 FURNITURES AND FIXTURES MORTAR MIXERPRCS/PARKS FORESTRY - 49965EVANSTON LUMBER $ 118.40 05/02/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSLUMBERPRCS/PARKS FORESTRY - 49965LEMOI ACE HARDWARE $ 111.84 05/02/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSNUTS BOLTSPRCS/PARKS FORESTRY - 49965WWW.ULTRAEVERDRYSTORE. $ 169.00 05/03/201365050 BUILDING MAINTENANCE MATERIALEVERDRYPRCS/PARKS FORESTRY - 49965EVANSTON LUMBER $ 65.40 05/03/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSLUMBER SCREWSPRCS/PARKS FORESTRY - 49965LEMOI ACE HARDWARE $ 36.87 05/03/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSNUTS, BOLTS, SCREWSPRCS/PARKS FORESTRY - 49965DUNKIN #306178 Q35 $ 66.95 05/06/2013 62295 TRAINING & TRAVELFOOD FOR BROWN BAG LUNCH WITH CMPRCS/PARKS FORESTRY - 49965ARLINGTON POWER EQUIPM $ 77.06 05/06/2013 65090 SAFETY EQUIPMENTHEARING PROTECTIONPRCS/PARKS FORESTRY - 49965THE HOME DEPOT 1902 $ 37.24 05/06/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSSPIKES, SCREWSPRCS/PARKS FORESTRY - 49965LEMOI ACE HARDWARE $ 72.86 05/07/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSDRILL BITSPRCS/PARKS FORESTRY - 49965REINDERS T&I - KEYED $ 25.03 05/07/2013 65085 MINOR EQUIP & TOOLSMOWER PARTSPRCS/PARKS FORESTRY - 49965EVANSTON LUMBER $ 40.80 05/08/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSLUMBERPRCS/PARKS FORESTRY - 49965IUBL CONFERENCE WEB $ (575.00) 05/09/201365050 BUILDING MAINTENANCE MATERIALCREDITPRCS/PARKS FORESTRY - 49965LEMOI ACE HARDWARE $ 59.46 05/09/2013 65085 MINOR EQUIP & TOOLSTOOLS, SCREWSPRCS/PARKS FORESTRY - 49965LEMOI ACE HARDWARE $ 13.41 05/10/2013 65085 MINOR EQUIP & TOOLSWATER KEYPRCS/PARKS FORESTRY - 49965CARQUEST 01027598 $ 47.83 05/10/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALHYDRAULIC FLUIDPRCS/PARKS FORESTRY - 49965THE HOME DEPOT 1902 $ 74.89 05/13/2013 65040 JANITORIAL SUPPLIESHAND TOOLSPRCS/PARKS FORESTRY - 49965KENNEY MACHINERY CORP $ 793.02 05/13/201365050 BUILDING MAINTENANCE MATERIALPLAYGROUND SURFACINGPRCS/PARKS FORESTRY - 49965THE HOME DEPOT 1902 $ 36.51 05/13/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSLUMBERPRCS/PARKS FORESTRY - 49965CARQUEST 01027598 $ 14.70 05/15/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALSEA FOAM MOTOR TREATMENTPRCS/PARKS FORESTRY - 49965THE HOME DEPOT 1902 $ 169.46 05/16/201365050 BUILDING MAINTENANCE MATERIALPIPE, PAINTING SUPLIESPRCS/PARKS FORESTRY - 49965INTRINSIC PERENNIAL GA $ 568.00 05/16/2013 65005 LANDSCAPE MATERIALS FLOWERSPRCS/PARKS FORESTRY - 49965AMAZON.COM $ 99.00 05/16/2013 65085 MINOR EQUIP & TOOLSDRILLPRCS/PARKS FORESTRY - 49965BUCK BROS INC $ 44.52 05/16/2013 65110 REC PROGRAM SUPPLIES PARTS FOR BALL DIAMOND GROOMERPRCS/PARKS FORESTRY - 49965PATTEN $ 60.12 05/17/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALPARTS FOR AUGERJuly 8, 2013Page 12 of 1994 of 994 Bank of America Credit Card Statement for the Period ending May 31, 2013REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTIONPRCS/PARKS FORESTRY - 49965REINDERS T&I - KEYED $ 162.93 05/17/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALPARTSPRCS/PARKS FORESTRY - 49965THE HOME DEPOT 1902 $ 32.78 05/20/2013 65040 JANITORIAL SUPPLIESPARTSPRCS/PARKS FORESTRY - 49965LEMOI ACE HARDWARE $ 8.60 05/20/2013 65040 JANITORIAL SUPPLIESCLEANING SUPPLIESPRCS/PARKS FORESTRY - 49965THE HOME DEPOT 1902 $ 206.94 05/20/2013 65040 JANITORIAL SUPPLIESPAINTING SUPPLIES BOUY SUPPLIESPRCS/PARKS FORESTRY - 49965THE HOME DEPOT 1902 $ 221.82 05/20/2013 65085 MINOR EQUIP & TOOLSPLYWOODPRCS/PARKS FORESTRY - 49965REINDERS T&I - KEYED $ 32.25 05/20/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALMOWER PRTSPRCS/PARKS FORESTRY - 49965REINDERS T&I - KEYED $ 500.00 05/20/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALMOWER PARTSPRCS/PARKS FORESTRY - 49965LEMOI ACE HARDWARE $ 2.99 05/21/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSHOSE MENDERPRCS/PARKS FORESTRY - 49965THE HOME DEPOT 1902 $ 50.12 05/22/2013 65040 JANITORIAL SUPPLIESBROOMS, CLEANING SUPPLIESPRCS/PARKS FORESTRY - 49965LEMOI ACE HARDWARE $ 71.84 05/22/2013 65040 JANITORIAL SUPPLIESCLEANING SUPPLIESPRCS/PARKS FORESTRY - 49965THE HOME DEPOT 1902 $ 16.75 05/22/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSPARTSPRCS/PARKS FORESTRY - 49965THE HOME DEPOT 1902 $ 34.15 05/22/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSPARTSPRCS/PARKS FORESTRY - 49965ANTON'S GREENHOUSE $ 15.40 05/23/2013 65005 LANDSCAPE MATERIALS FLOWERSPRCS/PARKS FORESTRY - 49965THE HOME DEPOT 1902 $ 69.14 05/23/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSPAINT AND PAINTING SUPPLIESPRCS/PARKS FORESTRY - 49965LEMOI ACE HARDWARE $ 43.15 05/23/2013 65090 SAFETY EQUIPMENTRESPIRATORPRCS/PARKS FORESTRY - 49965KROMER CO. LLC $ 749.34 05/24/2013 65110 REC PROGRAM SUPPLIES PARTS FOR KOMERPRCS/PARKS FORESTRY - 49965THE HOME DEPOT 1902 $ 70.56 05/24/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSLUMBER PAINTING SUPPLIESPRCS/PARKS FORESTRY - 49965CITY WELDING SALES AND $ 87.00 05/24/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALWELDING SUPPLIESPRCS/PARKS FORESTRY - 49965THE HOME DEPOT 1902 $ 27.85 05/27/2013 65040 JANITORIAL SUPPLIESCONCRETE, PAINTING SUPLLIESPRCS/PARKS FORESTRY - 49965ANTON'S GREENHOUSE $ 22.00 05/27/2013 65005 LANDSCAPE MATERIALS FLOWERSPRCS/PARKS FORESTRY - 49965LEMOI ACE HARDWARE $ 26.99 05/27/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALSCREWS, BOLTSPRCS/PARKS FORESTRY - 49965REINDERS T&I - KEYED $ 337.27 05/27/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALMOWER PARTSPRCS/PARKS FORESTRY - 49965BUCK BROS INC $ 313.08 05/27/2013 65110 REC PROGRAM SUPPLIES JOHN DEERE GROOMER PARTSPRCS/PARKS FORESTRY - 49965LEMOI ACE HARDWARE $ 1.10 05/31/2013 65085 MINOR EQUIPMENT AND TOOLS MISC PARTSPRCS/RBT CROWN CNTR - 49952HILTON HOTEL F/D $ 8.00 05/01/2013 62295 TRAINING & TRAVELPARKING COST FOR WORK SHOP.PRCS/RBT CROWN CNTR - 49952PARTY TIME PALACE $ 50.00 05/01/2013 62507 FIELD TRIPSSPRING BREAK CAMP FIELD TRIP.PRCS/RBT CROWN CNTR - 49952GO BANANAS $ 35.00 05/01/2013 62507 FIELD TRIPSSPRING BREAK CAMP FIELD TRIP.PRCS/RBT CROWN CNTR - 49952WW GRAINGER $ 88.50 05/01/201365050 BUILDING MAINTENANCE MATERIALELECTRICAL PARTS CORDS, BULBS.PRCS/RBT CROWN CNTR - 49952ECC DSS-DISC SCH SUPPL $ 264.44 05/02/2013 65110 REC PROGRAM SUPPLIES CREATIVE PLAY SUPPLIESPRCS/RBT CROWN CNTR - 49952PARTY TIME PALACE $ 79.87 05/03/2013 62507 FIELD TRIPSSPRING BREAK CAMP FIELD TRIP.PRCS/RBT CROWN CNTR - 49952PARTY TIME PALACE $ 79.92 05/03/2013 62507 FIELD TRIPSSPRING BREAK CAMP FIELD TRIP.PRCS/RBT CROWN CNTR - 49952GFS MKTPLC #1915 $ 20.96 05/03/2013 65025 FOODSNACKSPRCS/RBT CROWN CNTR - 49952DOMINICKS STOR00017004 $ 61.67 05/03/2013 65025 FOODPRESCHOOL LUNCH SUPPLIES.PRCS/RBT CROWN CNTR - 49952DOMINICKS STOR00017004 $ 7.56 05/03/2013 65025 FOODMILK FOR PRESCHOOL PROGRAM.PRCS/RBT CROWN CNTR - 49952WALGREENS #4218 $ 60.43 05/03/2013 65110 REC PROGRAM SUPPLIES SUPPLIES FOR PRESCHOOL CLASS.PRCS/RBT CROWN CNTR - 49952DOMINICKS STOR00017004 $ 7.96 05/06/2013 65095 OFFICE SUPPLIESBAGGIES FOR ICE PACKSPRCS/RBT CROWN CNTR - 49952CROWN TROPHY 54 $ 105.30 05/06/2013 65115 TRAFFIC CONTROL SUPPLIES BROOMBALL TROPHIESPRCS/RBT CROWN CNTR - 49952THE HOME DEPOT 1902 $ 138.91 05/06/201365050 BUILDING MAINTENANCE MATERIALVARIOUS TOOLS DRILL BITS, MASONRY SET, 60 PC MECHANICS TOOL SET, DRILL SET.PRCS/RBT CROWN CNTR - 49952CERAMIC SUPPLY CHICAGO $ 186.00 05/07/2013 65110 REC PROGRAM SUPPLIES CLAY FOR CERAMICS PROGRAMSPRCS/RBT CROWN CNTR - 49952HOH WATER TECHNOLOGY $ 393.75 05/07/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALWATER TOWER TREATMENT.PRCS/RBT CROWN CNTR - 49952DOMINICKS STOR00017004 $ 40.17 05/08/2013 65025 FOODAFTER SCHOOL PROGRAM SNACK.PRCS/RBT CROWN CNTR - 49952CINTAS 769 $ 132.30 05/08/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALCARPETED FLOOR MATS FOR LOBBY AREA.PRCS/RBT CROWN CNTR - 49952ALLBRANDS.COM $ 160.52 05/09/201365050 BUILDING MAINTENANCE MATERIALSANITAIRE 8' HOSEJuly 8, 2013Page 13 of 1995 of 994 Bank of America Credit Card Statement for the Period ending May 31, 2013REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTIONPRCS/RBT CROWN CNTR - 49952THE HOME DEPOT 1902 $ 170.16 05/09/2013 65110 REC PROGRAM SUPPLIES PLY WOOD PROPS FOR ICE SHOW.PRCS/RBT CROWN CNTR - 49952THE HOME DEPOT 1902 $ 158.11 05/09/2013 65110 REC PROGRAM SUPPLIES PLY WOOD, NAILS, DRY WALL FOR PROPS FOR ICE SHOW.PRCS/RBT CROWN CNTR - 49952ICE SKATING INSTITUTE $ 375.00 05/09/2013 62360 MEMBERSHIP DUESANNUAL MEMBERSHIP FEE.PRCS/RBT CROWN CNTR - 49952ICE SKATING INSTITUTE $ 50.00 05/10/2013 62360 MEMBERSHIP DUESJULY OPEN ENDORSEMENT FEE.PRCS/RBT CROWN CNTR - 49952CLASSIC BOWL $ 197.20 05/10/2013 62507 FIELD TRIPSAFTER SCHOOL PROGRAM FIELD TRIP.PRCS/RBT CROWN CNTR - 49952PAYPAL GOT SWAGGER $ 73.98 05/13/2013 65110 REC PROGRAM SUPPLIES BOYS COSTUMES FOR INTERMEDIATE GROUP OF SPRING ICE SHOWPRCS/RBT CROWN CNTR - 49952PAYPAL DAGACCI2006 $ 13.98 05/13/2013 65110 REC PROGRAM SUPPLIES BOYS COSTUMES FOR INTERMEDIATE GROUP IN SPRING ICE SHOWPRCS/RBT CROWN CNTR - 49952THE HOME DEPOT 1902 $ 91.56 05/13/2013 65110 REC PROGRAM SUPPLIES PROP SUPPLIES FOR SPRING ICE SHOWPRCS/RBT CROWN CNTR - 49952CURTAIN CALL COSTUMES $ 199.85 05/13/2013 65110 REC PROGRAM SUPPLIES COSTUME ACCESSORIES FOR SPRING ICE SHOWPRCS/RBT CROWN CNTR - 49952RITE LOCK & SAFE $ 15.00 05/13/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALREPAIR KIT FOR LOCKER ROOM 1.PRCS/RBT CROWN CNTR - 49952PETSMART INC 427 $ 75.95 05/14/2013 65110 REC PROGRAM SUPPLIES PET SUPPLIES FOR CLASSROOM PETS.PRCS/RBT CROWN CNTR - 49952THE HOME DEPOT 1902 $ (18.51) 05/15/2013 65110 REC PROGRAM SUPPLIES REFUND OF TAXPRCS/RBT CROWN CNTR - 49952THE HOME DEPOT 1902 $ (6.03) 05/15/2013 65110 REC PROGRAM SUPPLIES REFUND OF TAXPRCS/RBT CROWN CNTR - 49952REVOLUTION DANCEWEAR $ 800.80 05/15/2013 65110 REC PROGRAM SUPPLIES COSTUMES FOR SPRING ICE SHOW.PRCS/RBT CROWN CNTR - 49952DOMINICKS STOR00017004 $ 80.41 05/16/2013 65025 FOODREFRESHMENTS FOR ICE SHOW VOLUNTEERS.PRCS/RBT CROWN CNTR - 49952TARGET 00009274 $ 45.00 05/16/2013 65110 REC PROGRAM SUPPLIES COSTUMES FOR SPRING ICE SHOW.PRCS/RBT CROWN CNTR - 49952MICHAELS #3849 $ 47.88 05/16/2013 65110 REC PROGRAM SUPPLIES MATERIAL FOR COSTUMES FOR SPRING ICE SHOW.PRCS/RBT CROWN CNTR - 49952THE HOME DEPOT 1902 $ 105.71 05/17/2013 65110 REC PROGRAM SUPPLIESVARIOUS NAILS, SCREWS AND ROPES AND OTHER THINGS USED FOR ICE SHOW PROPS.PRCS/RBT CROWN CNTR - 49952THE HOME DEPOT 1902 $ 72.72 05/20/201365050 BUILDING MAINTENANCE MATERIALTOOLS, NUTS, BOLTS, MAINTENANCE SUPPLIES.PRCS/RBT CROWN CNTR - 49952TARGET 00009274 $ 97.96 05/20/2013 65110 REC PROGRAM SUPPLIES VOLUNTEER SUPPLIES FOR SPRING ICE SHOWPRCS/RBT CROWN CNTR - 49952WALGREENS #4218 $ 8.37 05/20/2013 65040 JANITORIAL SUPPLIESTOILET BOWL CLEANER.PRCS/RBT CROWN CNTR - 49952THE HOME DEPOT 1902 $ 50.81 05/20/201365050 BUILDING MAINTENANCE MATERIALBATTERIES AND FLASHLIGHTS.PRCS/RBT CROWN CNTR - 49952HOH WATER TECHNOLOGY $ 854.00 05/20/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALCHEMICAL WATER TREATMENT FOR WATER TOWER.PRCS/RBT CROWN CNTR - 49952TARGET 00009274 $ 273.89 05/20/2013 65110 REC PROGRAM SUPPLIES PROP FURNITURE FOR SPRING ICE SHOW.PRCS/RBT CROWN CNTR - 49952DOMINICKS STOR00017004 $ 24.21 05/22/2013 65025 FOODAFTER SCHOOL PROGRAM SNACK.PRCS/RBT CROWN CNTR - 49952EVANSTON ROUNDTABLE $ 302.00 05/22/2013 62205 ADVERTISING1/4 PAGE ADVERTISEMENT FOR SPRING ICE SHOW.PRCS/RBT CROWN CNTR - 49952LEMOI ACE HARDWARE $ 21.53 05/23/201365050 BUILDING MAINTENANCE MATERIALPAINT HARDNERPRCS/RBT CROWN CNTR - 49952GREAT LAKES CLAY & SUP $ 33.13 05/24/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALKILN MASTER THERMOCOUPLERPRCS/RBT CROWN CNTR - 49952AMERIZON WIRELESS-2 $ 54.46 05/27/2013 65095 OFFICE SUPPLIES2-WAY RADIO PARTPRCS/RBT CROWN CNTR - 49952LEMOI ACE HARDWARE $ 23.40 05/30/201365050 BUILDING MAINTENANCE MATERIALPAINT HARDNERPRCS/RBT CROWN CNTR - 49952LEMOI ACE HARDWARE $ 3.97 05/30/2013 65110 REC PROGRAM SUPPLIES TAX REFUNDPRCS/RBT CROWN CNTR - 49952SAFARI LAND $ 150.00 05/30/2013 62507 FIELD TRIPSAFTER SCHOOL PROGRAM FIELD TRIP.PRCS/RBT CROWN CNTR - 49952PARTY TIME PALACE $ 50.00 05/31/2013 62507 FIELD TRIPSFIELD TRIP DEPOSIT.PRCS/RECREATION - 49946LEMOI ACE HARDWARE $ 19.64 05/01/2013 65110 REC PROGRAM SUPPLIES GARBAGE BAGS FOR THE DOG BEACH AND A TAPE MEASURE FOR SOFTBALLPRCS/RECREATION - 49946OFFICE DEPOT #510 $ 4.99 05/01/2013 65110 REC PROGRAM SUPPLIES CLIPBOARDS TO HOLD THE SCORECARDS FOR SOFTBALL GAMESPRCS/RECREATION - 49946MEMORIES $ 114.00 05/02/2013 62507 FIELD TRIPSLEVY SENIOR PROGRAM TRIP DEPOSIT FOR 6/19/13PRCS/RECREATION - 49946THE HOME DEPOT 1902 $ 116.27 05/02/201365050 BUILDING MAINTENANCE MATERIALFARMERS MARKET SUPPLIES-CLEANING SUPPLIES, STEP LADDER, FOLDING CHAIRSPRCS/RECREATION - 49946LEMOI ACE HARDWARE $ 76.86 05/06/2013 62235 OFFICE EQUIPMENT MAINT. WINDEX, HAND SANITIZER, FLOOR CLEANER, GARBAGE BAGSPRCS/RECREATION - 49946BRUNSWICK ZONE DEERF $ 167.72 05/06/2013 62507 FIELD TRIPSFEE FOR LANE AND SHOE RENTAL FOR BOWLING PROGRAMPRCS/RECREATION - 49946MICHAELS #3849 $ 42.47 05/06/2013 65110 REC PROGRAM SUPPLIES TOTE BAGS FOR THE CHILDRENS PROGRAM AT THE FARMERS' MARKETPRCS/RECREATION - 49946WEST MARINE #71 $ 91.54 05/08/2013 65110 REC PROGRAM SUPPLIES DECKPLATES, TAPE, PAINT BUCKET, BRUSHPRCS/RECREATION - 49946DOMINICKS STOR00017004 $ 64.04 05/08/2013 65110 REC PROGRAM SUPPLIESVEGETABLES, CHEESE, MEAT, CHEESE, AND TACO SHELLS FOR AFTER-SCHOOL COOKING PROGRAMPRCS/RECREATION - 49946OFFICE DEPOT #510 $ 66.61 05/10/2013 65110 REC PROGRAM SUPPLIES CLIPBOARDS AND SIGN HOLDERS FOR THE FARMERS MARKETPRCS/RECREATION - 49946EVANSTON IMPRINTABLES $ 495.83 05/10/2013 65020 CLOTHINGT-SHIRTS FOR THE INCLUSION STAFFPRCS/RECREATION - 49946TAPCO $ 314.18 05/13/201365045 LICENSING/REGULATORY SUPPLIESNEW PASS CARDS FOR THE CHURCH STREET ELECTRONIC GATEPRCS/RECREATION - 49946THE HOME DEPOT 1902 $ 139.79 05/13/2013 65110 REC PROGRAM SUPPLIES CARPET MATS FOR THE BEACH OFFICEPRCS/RECREATION - 49946BRUNSWICK ZONE DEERF $ 161.73 05/13/2013 62507 FIELD TRIPSSHOE & LANE RENTAL FOR BOWLING PROGRAMJuly 8, 2013Page 14 of 1996 of 994 Bank of America Credit Card Statement for the Period ending May 31, 2013REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTIONPRCS/RECREATION - 49946DOMINICKS STOR00017004 $ 22.29 05/14/2013 65110 REC PROGRAM SUPPLIES SEASONING, CHICKEN EGGS, PASTA FOR AFTER-SCHOOL COOKING PROGRAMPRCS/RECREATION - 49946OFFICE DEPOT #510 $ 52.74 05/15/2013 65110 REC PROGRAM SUPPLIES SIGN HOLDERS FOR PICNIC RESERVATION CARDSPRCS/RECREATION - 49946EVANSTON ROUNDTABLE $ 302.00 05/16/2013 62205 ADVERTISINGTOKEN ADSPRCS/RECREATION - 49946LEMOI ACE HARDWARE $ 81.57 05/16/2013 62235 OFFICE EQUIPMENT MAINT. GLOVES, PADLOCKS, HANGAERSPRCS/RECREATION - 49946THEATRE AT THE CENTER $ 406.00 05/16/2013 62507 FIELD TRIPSLEVY SENIOR PROGRAM TRIP THEATRE AT THE CENTERPRCS/RECREATION - 49946CITY OF EVANSTON - PAR $ 1.00 05/17/2013 62235 OFFICE EQUIPMENT MAINT. TESTING NEW CREDIT MACHINES - REFUNDED IN NEXT TRANSACTIONPRCS/RECREATION - 49946NAVY PIER SKYLINESTAGE $ 468.00 05/20/2013 62507 FIELD TRIPSLEVY SENIOR PROGRAM TRIP IN JUNEPRCS/RECREATION - 49946EMERGENCY MEDICAL PROD $ 125.00 05/20/2013 65075 MEDICAL & LAB SUPPLIES FIRST AID SUPPLIES FOR PROGRAMS CROWNPRCS/RECREATION - 49946BEST BUY 00003137 $ 679.98 05/20/2013 65110 REC PROGRAM SUPPLIESDVD AND TV FOR AQUATICS PROGRAM AT DEMPSTER, INCLUDING WALL MOUNTING BRACKET.PRCS/RECREATION - 49946EMERGENCY MEDICAL PROD $ 39.00 05/20/2013 65110 REC PROGRAM SUPPLIES FIRST AID SUPPLIES FOR PROGRAMS ECOLOGYPRCS/RECREATION - 49946EMERGENCY MEDICAL PROD $ 120.00 05/20/2013 65110 REC PROGRAM SUPPLIES FIRST AID SUPPLIES FOR PROGRAMS LEVYPRCS/RECREATION - 49946EMERGENCY MEDICAL PROD $ 470.00 05/20/2013 65110 REC PROGRAM SUPPLIES FIRST AID SUPPLIES FOR PROGRAMS CHANDLERPRCS/RECREATION - 49946EMERGENCY MEDICAL PROD $ 529.71 05/20/2013 65110 REC PROGRAM SUPPLIES FIRST AID SUPPLIES FOR PROGRAMS LAKEFRONTPRCS/RECREATION - 49946BRUNSWICK ZONE DEERF $ 155.74 05/20/2013 62507 FIELD TRIPSFEE FOR LANE AND SHOE RENTAL FOR BOWLING PROGRAMPRCS/RECREATION - 49946LOU MALNATI'S PIZZERIA $ 185.00 05/20/2013 65025 FOODPASTA, SALAD AND BREAD FOR ATHLETE PARTY PROGRAMPRCS/RECREATION - 49946CITY OF EVANSTON - PAR $ (1.00) 05/20/2013 62235 OFFICE EQUIPMENT MAINT. REFUND FROM CREDIT MACHINE TESTING - SEE ABOVE CHARGEPRCS/RECREATION - 49946WM PORT SUPPLY #400 $ 494.82 05/21/2013 65110 REC PROGRAM SUPPLIES TUBES, ANCHORS, TOW ROPE, SKI FLAG, PADDLESPRCS/RECREATION - 49946KWIK TEK $ 189.53 05/21/2013 65110 REC PROGRAM SUPPLIES REPLACEMENT TUBEPRCS/RECREATION - 49946DOMINICKS STOR00017004 $ 37.38 05/21/2013 65110 REC PROGRAM SUPPLIESCHICKEN, PEANUT BUTTER, NOODLES, VEGETABLES FOR AFTER-SCHOOL COOKING PROGRAMPRCS/RECREATION - 49946LEMOI ACE HARDWARE $ 18.15 05/22/2013 65110 REC PROGRAM SUPPLIES A BROOM AND PAPER TOWELS FOR THE BEACH OFFICEPRCS/RECREATION - 49946PATCH MEDIA GROUP $ 335.32 05/23/2013 62205 ADVERTISINGPROGRAM ADPRCS/RECREATION - 49946EMERGENCY MEDICAL PROD $ 23.92 05/23/2013 65110 REC PROGRAM SUPPLIES MEDICAL SUPPLIES FOR SUMMER CAMP PROGRAMSPRCS/RECREATION - 49946EVANSTON SIGNS AND GRA $ 475.00 05/23/201362199 PRK MAINTENANCE & FURNITUR REPLACE3 JAMES PARK FIELD SIGNS FOR JAMES PARKPRCS/RECREATION - 49946FOOD4LESS #0558 $ 32.86 05/24/2013 65025 FOODREFRESHMENTS FOR BENITA MERIDETH'S FAREWELL GATHERINGPRCS/RECREATION - 49946PHYSIO CONTROL INC $ 208.00 05/27/2013 65110 REC PROGRAM SUPPLIES NEW BATTERY AND ADULT PADS FOR AED UNITPRCS/RECREATION - 49946CLKBANK COM_26L86GEX $ 49.95 05/27/2013 65010 BOOKS, PUBLICATIONS, MAPS BASKETBALL DRILLS AND PRACTICE PLANS FOR BASKETBALL PROGRAMPRCS/RECREATION - 49946CLKBANK COM_26L867EX $ 47.00 05/27/2013 65010 BOOKS, PUBLICATIONS, MAPS SIMPLIFIED YOUTH BASKETBALL SYSTEMS FOR BASKETBALL PROGRAMPRCS/RECREATION - 49946SERVICE SANITATION $ 156.25 05/27/2013 62515 RENTAL SERVICESPORT A POTTY RENTAL FOR THE FARMERS' MARKETPRCS/RECREATION - 49946FITNESSWEARINC $ 297.50 05/29/2013 65020 CLOTHINGMESSENGER BAGSPRCS/RECREATION - 49946OFFICE DEPOT #1105 $ 78.22 05/30/2013 62235 OFFICE EQUIPMENT MAINT. CLICKERS, TAX WASN'T SUPPOSED TO BE CHARGED WILL GET REFUNDPRCS/RECREATION - 49946GLOBE TICKET $ 1,074.11 05/31/201365045 LICENSING/REGULATORY SUPPLIESTICKET CASH BOXES FOR THE BEACHESPUBLIC WORKS/ADMIN - 50485JIMMY JOHNS - 44 - MOT $ 71.34 05/09/2013 62295 TRAINING & TRAVELDIRECTOR'S MEETINGPUBLIC WORKS/ADMIN - 50485ALLEGRA PRINT & IMAGIN $ 205.00 05/13/2013 65115 TRAFFIC CONTROL SUPPLIES FARMERS MARKET SIGNSPUBLIC WORKS/ADMIN - 50485AMERICAN PUBLIC WORKS $ 110.00 05/15/2013 62295 TRAINING & TRAVELAPWA CONFERENCEPUBLIC WORKS/ADMIN - 50485DOMINICKS STOR00011379 $ 56.51 05/16/201322772 EVANSTON BIKE PROGRAM MONEYBFF RECEPTION SUPPLIESPUBLIC WORKS/ADMIN - 50485POTBELLY 005 $ 87.20 05/16/2013 62295 TRAINING & TRAVELMEETINGPUBLIC WORKS/ADMIN - 50485TARGET 00009274 $ 199.98 05/20/201322772 EVANSTON BIKE PROGRAM MONEYBFF BIKE PROGRAMPUBLIC WORKS/ADMIN - 50485TARGET 00011767 $ 99.99 05/20/201322772 EVANSTON BIKE PROGRAM MONEYBFF BIKE PROGRAMPUBLIC WORKS/ADMIN - 50485HELMETS R US $ 219.80 05/20/201322772 EVANSTON BIKE PROGRAM MONEYBFF BIKE PROGRAMPUBLIC WORKS/ADMIN - 50485TARGET 00009274 $ 14.99 05/20/201322772 EVANSTON BIKE PROGRAM MONEYBFF BIKE PROGRAMPUBLIC WORKS/ADMIN - 50485TARGET 00009274 $ (11.99) 05/20/201322772 EVANSTON BIKE PROGRAM MONEYBFF BIKE PROGRAMPUBLIC WORKS/ADMIN - 50485TARGET 00009274 $ (23.98) 05/20/201322772 EVANSTON BIKE PROGRAM MONEYBFF BIKE PROGRAMPUBLIC WORKS/ADMIN - 50485OFFICE DEPOT #510 $ 39.96 05/23/2013 65095 OFFICE SUPPLIESOFFICE SUPPLIESPUBLIC WORKS/ADMIN - 50485LAPORT INC $ 561.75 05/27/2013 65040 JANITORIAL SUPPLIESCLEANING SUPPLIES FOR SERVICE CENTERPUBLIC WORKS/ADMIN - 50485EVANSTON IMPRINTABLES $ 1,077.60 05/27/201322772 EVANSTON BIKE PROGRAM MONEYBFF BIKE PROGRAM T-SHIRTSPUBLIC WORKS/ADMIN - 50485PRINTABLE PROMOTION $ 429.62 05/27/2013 62210 PRINTINGARM BANDS/CARRIERSPUBLIC WORKS/ADMIN - 50485OFFICE DEPOT #510 $ 40.98 05/30/2013 65095 OFFICE SUPPLIESOFFICE SUPPLIESJuly 8, 2013Page 15 of 1997 of 994 Bank of America Credit Card Statement for the Period ending May 31, 2013REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTIONPUBLIC WORKS/ADMIN - 50485WALGREENS #1033 $ 19.42 05/30/2013 62295 TRAINING & TRAVELSTAFF MEETINGPUBLIC WORKS/ADMIN - 50485MURRAY AND TRETTEL, IN $ 750.00 05/31/2013 65625 FURNITURES AND FIXTURES CERTIFIED SNOW REPORTSPUBLIC WORKS/ADMIN - 50485ASSOC OF PEDESTRIAN $ 170.00 05/31/2013 62295 TRAINING & TRAVELENGINEERING NATCO WEBINAR GUIDE SERIESPUBLIC WORKS/ADMIN - 50485FORESTRY SUPPLIERS $ 238.96 05/31/2013 65095 OFFICE SUPPLIESENGINEERING FIELD BOOKSPUBLIC WORKS/ADMIN - 50485TAGS BAKERY $ 16.11 05/31/2013 62295 TRAINING & TRAVELSTAFF MEETINGPUBLIC WORKS/FLEET - 49947HOLIDAY INN EXPRESS - $ 439.56 05/03/2013 62295 TRAINING & TRAVELVACTOR TRAINING CLASS LODGING - ROMEO LIMPUBLIC WORKS/FLEET - 49947WW GRAINGER $ 17.16 05/03/2013 65060 MATERIALS TO MAINTAIN AUTOS RUBBER FEET FOR STEP LADDERSPUBLIC WORKS/FLEET - 49947GLOVEAMERICA.COM $ 799.00 05/07/2013 65090 SAFETY EQUIPMENTLATEX GLOVESPUBLIC WORKS/FLEET - 49947AMERICAN PUBLIC WORKS $ 500.00 05/08/2013 62295 TRAINING & TRAVELTRAININGPUBLIC WORKS/FLEET - 49947LEMOI ACE HARDWARE $ 19.29 05/08/201365050 BUILDING MAINTENANCE MATERIALHARDWAREPUBLIC WORKS/FLEET - 49947IL WEB PLATE RENEWAL $ 56.25 05/09/201365045 LICENSING/REGULATORY SUPPLIESLICENSE PLATE RENEWAL #606PUBLIC WORKS/FLEET - 49947IL WEB PLATE RENEWAL $ 56.25 05/09/201365045 LICENSING/REGULATORY SUPPLIESLICENSE PLATE RENEWAL #605PUBLIC WORKS/FLEET - 49947AMAZON.COM $ 24.75 05/10/2013 65060 MATERIALS TO MAINTAIN AUTOS O-RING KITPUBLIC WORKS/FLEET - 49947WW GRAINGER $ 313.80 05/14/2013 65090 SAFETY EQUIPMENTDISPOSABLE FIRE EXTINGUISHERSPUBLIC WORKS/FLEET - 49947ACDELCO $ 1,395.00 05/15/2013 62240 AUTOMOTIVE EQ MAINTSOFTWARE FOR CHEVYPUBLIC WORKS/FLEET - 49947IL SECRETARY OF STATE $ 10.65 05/15/201365045 LICENSING/REGULATORY SUPPLIESLICENSE PLATE RENEWAL #215PUBLIC WORKS/FLEET - 49947TRI-COUNTY TRUCK-ALGON $ 500.00 05/16/2013 65060 MATERIALS TO MAINTAIN AUTOS 300 TOPPER FOR TRUCKPUBLIC WORKS/FLEET - 49947UPS 1Z07F72F0397856962 $ 25.26 05/16/2013 65060 MATERIALS TO MAINTAIN AUTOS FREIGHT TO SEND COMPRESSOR FOR REPAIRPUBLIC WORKS/FLEET - 49947ALLIED ELECTRONICS INC $ 20.04 05/16/2013 65060 MATERIALS TO MAINTAIN AUTOS ROCKER SWITCHES - RED- (CREDIT COMING FOR TAX)PUBLIC WORKS/FLEET - 49947IPASS AUTOREPLENISH #5 $ 40.00 05/17/2013 62295 TRAINING & TRAVELIPASS REPLENISHPUBLIC WORKS/FLEET - 49947LEMOI ACE HARDWARE $ 6.62 05/17/2013 65060 MATERIALS TO MAINTAIN AUTOS MISC NUTS & BOLTSPUBLIC WORKS/FLEET - 49947AUTOZONE #5247 $ 75.37 05/20/2013 65060 MATERIALS TO MAINTAIN AUTOS 509 AUTO PART BALANCERPUBLIC WORKS/FLEET - 49947WW GRAINGER $ 31.43 05/20/2013 65060 MATERIALS TO MAINTAIN AUTOS CABLEPUBLIC WORKS/FLEET - 49947MENARDS MORTON GROVE $ 51.00 05/20/2013 65085 MINOR EQUIP & TOOLSMISC WIRE CRIMPING TOOLPUBLIC WORKS/FLEET - 49947MENARDS 3523 $ (39.38) 05/20/2013 65085 MINOR EQUIP & TOOLSRETURN TOOL NOT NEEDEDPUBLIC WORKS/FLEET - 49947GLOVEAMERICA.COM $ (364.70) 05/20/2013 65090 SAFETY EQUIPMENTRETURN WRONG AMOUNT OF GLOVESPUBLIC WORKS/FLEET - 49947WW GRAINGER $ 193.45 05/22/2013 65060 MATERIALS TO MAINTAIN AUTOS CABLES & SLEEVESPUBLIC WORKS/FLEET - 49947IMPERIAL SUPPLIES $ 704.82 05/22/2013 65085 MINOR EQUIPMENT AND TOOLS RACKS FOR MISC HYD & BRAKE CONNECTORSPUBLIC WORKS/FLEET - 49947WW GRAINGER $ 67.70 05/23/2013 65060 MATERIALS TO MAINTAIN AUTOS ELECTRICAL TAPEPUBLIC WORKS/FLEET - 49947U-HAUL MORTON GROVE $ (199.95) 05/24/2013 65060 MATERIALS TO MAINTAIN AUTOS CREDITPUBLIC WORKS/FLEET - 49947IMPERIAL SUPPLIES $ 83.46 05/27/2013 65060 MATERIALS TO MAINTAIN AUTOS O-RINGS, NUTS & BOLTS, ***(TAX WILL BE CREDITED)PUBLIC WORKS/FLEET - 49947WW GRAINGER $ 78.66 05/27/2013 65060 MATERIALS TO MAINTAIN AUTOS PINTLE HOOK MOUNTPUBLIC WORKS/FLEET - 49947WW GRAINGER $ 235.98 05/27/2013 65060 MATERIALS TO MAINTAIN AUTOS 3 PINTLE HOOK MOUNTS FOR #637,638, & 618PUBLIC WORKS/FLEET - 49947WW GRAINGER $ 78.66 05/27/2013 65060 MATERIALS TO MAINTAIN AUTOS PINTLE HOOK MOUNTPUBLIC WORKS/FLEET - 49947IMPERIAL SUPPLIES $ (41.46) 05/30/2013 65060 MATERIALS TO MAINTAIN AUTOS AUTO REPAIR PARTPUBLIC WORKS/FLEET - 49947IMPERIAL SUPPLIES $ (4.91) 05/30/2013 65060 MATERIALS TO MAINTAIN AUTOS AUTO REPAIR PARTPUBLIC WORKS/FLEET - 49947WW GRAINGER $ 4.64 05/31/2013 65060 MATERIALS TO MAINTAIN AUTOS ORINGSJuly 8, 2013Page 16 of 1998 of 994 Bank of America Credit Card Statement for the Period ending May 31, 2013REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTIONPUBLIC WORKS/FLEET - 49947WW GRAINGER $ 2.32 05/31/2013 65060 MATERIALS TO MAINTAIN AUTOS ORINGSPUBLIC WORKS/ST&SANITATION - 49962 GULLIVERS $ 25.19 05/01/2013 62295 TRAINING & TRAVELTESTING MEETING FOR EO II (LUNCH)PUBLIC WORKS/ST&SANITATION - 49962 STANDARD PIPE $ 616.38 05/01/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSBACK FLOW PREVENTER, SALT BRINEPUBLIC WORKS/ST&SANITATION - 49962 LEMOI ACE HARDWARE $ 15.92 05/02/2013 65085 MINOR EQUIP & TOOLSBOLTS/SCREWSPUBLIC WORKS/ST&SANITATION - 49962 LEMOI ACE HARDWARE $ 41.08 05/02/2013 65115 TRAFFIC CONTROL SUPPLIES BIKE CORRAL - BOLTSPUBLIC WORKS/ST&SANITATION - 49962 LEMOI ACE HARDWARE $ 8.62 05/02/2013 65115 TRAFFIC CONTROL SUPPLIES BIKE CORRAL - SOCKETPUBLIC WORKS/ST&SANITATION - 49962 LEMOI ACE HARDWARE $ 11.92 05/02/2013 65115 TRAFFIC CONTROL SUPPLIES BIKE CORRAL - BOLTSPUBLIC WORKS/ST&SANITATION - 49962 EPCO PAINT STORE 1252 $ 50.10 05/03/2013 65085 MINOR EQUIP & TOOLSPAINTPUBLIC WORKS/ST&SANITATION - 49962 THE HOME DEPOT 1902 $ 77.88 05/03/2013 65115 TRAFFIC CONTROL SUPPLIES SPEED BUMPS - BIT/BOLTPUBLIC WORKS/ST&SANITATION - 49962 CITY WELDING SALES AND $ 133.10 05/10/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSPROPANE (HOT BOXES)PUBLIC WORKS/ST&SANITATION - 49962 SAF-T-GARD INTERNATION $ 639.00 05/14/2013 65090 SAFETY EQUIPMENTSAFETY VEST (ALL SIZES)PUBLIC WORKS/ST&SANITATION - 49962 TARGET 00009274 $ 149.00 05/17/201322772 EVANSTON BIKE PROGRAM MONEYBFF BIKE PROBRAMPUBLIC WORKS/ST&SANITATION - 49962 THE HOME DEPOT 1902 $ 65.53 05/17/2013 65085 MINOR EQUIP & TOOLSBAGSPUBLIC WORKS/ST&SANITATION - 49962 TARGET 00023739 $ 855.85 05/21/201322772 EVANSTON BIKE PROGRAM MONEYBFF BIKE PROGRAMPUBLIC WORKS/ST&SANITATION - 49962 TARGET 00011684 $ 199.99 05/21/201322772 EVANSTON BIKE PROGRAM MONEYBFF BIKE PROGRAMPUBLIC WORKS/ST&SANITATION - 49962 OFFICE DEPOT #510 $ 229.96 05/22/2013 65085 MINOR EQUIP & TOOLSCAMERAPUBLIC WORKS/ST&SANITATION - 49962 SAFETY SUPPLY ILLINOIS $ 62.25 05/22/2013 65090 SAFETY EQUIPMENTARM SLEEVEPUBLIC WORKS/ST&SANITATION - 49962 THE HOME DEPOT 1902 $ 15.47 05/23/2013 65625 FURNITURES AND FIXTURES CAN LINERPUBLIC WORKS/ST&SANITATION - 49962 SPRINT STORE #900 $ 49.41 05/27/2013 65085 MINOR EQUIP & TOOLSCLIPS FOR NEW CELL PHONES (3)PUBLIC WORKS/ST&SANITATION - 49962 THE HOME DEPOT 1902 $ 51.98 05/27/2013 65115 TRAFFIC CONTROL SUPPLIES CLAMPS FOR BRIDGE TARP REPAIRPUBLIC WORKS/ST&SANITATION - 49962 DOMINICKS STOR00011379 $ 16.47 05/30/2013 62295 TRAINING & TRAVELDRINKS FOR MANAGEMENT MEETINGPUBLIC WORKS/ST&SANITATION - 49962 DOMINICKS STOR00011379 $ 4.99 05/30/2013 62295 TRAINING & TRAVELICE FOR MEETINGPUBLIC WORKS/ST&SANITATION - 49962 TRAFFIC CONTROL AND PR $ 371.10 05/30/2013 65115 TRAFFIC CONTROL SUPPLIES SIGNSPUBLIC WORKS/ST&SANITATION - 49962 CHILI'S-EVANSTON $ 197.25 05/30/2013 65125 OTHER COMMODITIESPW LEADERSHIP RETREATPUBLIC WORKS/ST&SANITATION - 49962 DUNKIN #306178 Q35 $ 79.73 05/30/2013 65125 OTHER COMMODITIESPW LEADERSHIP RETREATPUBLIC WORKS/TRANS - 49959FISHER EQUIPMENT $ 1,028.30 05/13/2013 65115 TRAFFIC CONTROL SUPPLIES SIGN MOUNTING BRACKETSPUBLIC WORKS/TRANS - 49959FISHER EQUIPMENT $ 1,463.56 05/13/2013 65115 TRAFFIC CONTROL SUPPLIES STRAPPING TO MOUNT SIGNSPUBLIC WORKS/TRANS - 49959TAPCO $ 1,264.50 05/13/2013 65515 OTHER IMPROVEMENTS IN STREET "STOP FOR PEDESTRIANS" SIGNSPUBLIC WORKS/TRANS - 49959THE HOME DEPOT 1902 $ 125.51 05/24/2013 65085 MINOR EQUIP & TOOLSBATTERIES, GLOVES, CONTRACTOR BAGSPUBLIC WORKS/TRANS - 49959SPRINT STORE #671 $ 71.97 05/27/2013 65085 MINOR EQUIP & TOOLSBATTERY CHARGERUTILITIES/ADMIN - 49958SAMSCLUB #6444 $ 14.58 05/06/2013 68205 PUBLIC WKS CONTINGENCIES PLASTIC TABLE COVERS FOR THE PUBLIC EMPLOYEE VENDOR FAIR ON 5/7/13.UTILITIES/ADMIN - 49958FACTORY CARD OUTLET #3 $ 9.99 05/06/2013 68205 PUBLIC WKS CONTINGENCIES RAFFLE TICKETS FOR THE PUBLIC EMPLOYEE VENDOR FAIR ON 5/7/13.UTILITIES/ADMIN - 49958NIU OUTREACH $ 69.00 05/06/2013 62295 TRAINING & TRAVELREGISTRATION FOR THE SUPERINTENDENT FOR THE NIU WOMEN'S LEGACY CONFERENCE.UTILITIES/ADMIN - 49958NIU OUTREACH $ 69.00 05/06/2013 62295 TRAINING & TRAVELREGISTRATION FOR THE MANAGEMENT ANALYST FOR THE NIU WOMEN'S LEGACY CONFERENCE.UTILITIES/ADMIN - 49958SAMSCLUB #6444 $ 12.59 05/07/2013 65125 OTHER COMMODITIESUTILITIES DEPARTMENT PUBLIC SERVICE WEEK BREAKFAST ON 5/9/13.UTILITIES/ADMIN - 49958SAMSCLUB #6444 $ 187.16 05/07/2013 68205 PUBLIC WKS CONTINGENCIES FOOD AND BEVERAGES FOR THE PUBLIC EMPLOYEE VENDOR FAIR ON 5/7/13.UTILITIES/ADMIN - 49958JEWEL #3465 $ 29.78 05/10/2013 65125 OTHER COMMODITIESFOOD FOR THE UTILITIES DEPARTMENT PUBLIC SERVICE WEEK BREAKFAST ON 5/9/13.UTILITIES/ADMIN - 49958SOUTH LOOP $ 34.00 05/17/2013 62295 TRAINING & TRAVELPARKING FOR METRPOLITAN PLANNING COUNCIL ROUNDTABLE - TOUGH STUFF: RESILIENT INFRASTRUCTURE IN A CHANGING WORLD.UTILITIES/ADMIN - 49958ILLINOIS SECTION AWWA $ 30.00 05/20/2013 62295 TRAINING & TRAVELISAWWA WEBCAST ON TRENCHLESS WATER MAIN REHABILITATION.UTILITIES/ADMIN - 49958IKEA $ 28.67 05/20/2013 65702 WATER GENERAL PLANT TWO STOOLS FOR THE WATER TRAILER.UTILITIES/ADMIN - 49958SPRINT STORE #671 $ 347.90 05/27/2013 64540 TELECOMMUNICATIONS - WIRCELL PHONE ACCESSORIES FOR THE UTILITIES DEPARTMENT DIRECTOR AND TWO SUPERINTENDENTS.UTILITIES/DIST - 49955IDPH-PLUMBING PROGRAM $ 102.50 05/02/2013 62295 TRAINING & TRAVELILLINOIS PLUMBER LICENSE RENEWAL FOR THE PLUMBING INSPECTOR.UTILITIES/DIST - 49955BUY THE YARD INC $ 232.00 05/03/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSBLACK DIRT.UTILITIES/DIST - 49955HD SUPPLY WATERWORKS 4 $ 26.20 05/06/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSCUT IN SLEEVE GASKETS.UTILITIES/DIST - 49955MID AMERCIAN WATER $ 468.30 05/06/2013 65080 MERCHANDISE FOR RESALE LARGE TAPPING SLEEVES.July 8, 2013Page 17 of 1999 of 994 Bank of America Credit Card Statement for the Period ending May 31, 2013REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTIONUTILITIES/DIST - 49955HD SUPPLY WATERWORKS 4 $ 594.00 05/10/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSMARKING PAINT.UTILITIES/DIST - 49955MCMASTER-CARR $ 852.64 05/15/2013 65085 MINOR EQUIP & TOOLSLADDERS.UTILITIES/DIST - 49955THE HOME DEPOT 1902 $ 46.82 05/16/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALDEPTHFINDER 125' STEEL FISH TAPE.UTILITIES/DIST - 49955ZIEBELL WATER SERVI $ 1,016.57 05/20/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSBRASS FITTINGS.UTILITIES/DIST - 49955MID AMERCIAN WATER $ 685.40 05/20/2013 65080 MERCHANDISE FOR RESALE 6" VALVE (NOT OVERSIZED).UTILITIES/DIST - 49955AMERICAN WATERWORKS $ 187.00 05/20/2013 62360 MEMBERSHIP DUESAWWA MEMBERSHIP DUES.UTILITIES/DIST - 49955ZIEBELL WATER SERVI $ 360.00 05/21/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSVALVE BOX SEPERATORS.UTILITIES/DIST - 49955BESTBUY.COM 00009944 $ 116.86 05/21/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALDIGITAL CAMERA FOR METER FIELD WORKERS PROPERTY INSPECTIONS.UTILITIES/DIST - 49955FULLIFE SAFETY $ 358.47 05/27/2013 65020 CLOTHINGRUBBER BOOTS.UTILITIES/DIST - 49955FULLIFE SAFETY $ 452.00 05/27/2013 65090 SAFETY EQUIPMENTSAFETY VESTS.UTILITIES/DIST - 49955RUSSO HARDWARE, INC $ 320.00 05/29/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSGRASS SEED.UTILITIES/DIST - 49955NSC NORTHERN SAFETY CO $ 268.63 05/29/2013 65090 SAFETY EQUIPMENTSAFETY GLASSES.UTILITIES/DIST - 49955MID AMERCIAN WATER $ 700.00 05/30/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSVALVE BOX STABILIZERS.UTILITIES/DIST - 49955MID AMERCIAN WATER $ 685.40 05/30/201365055 MATERIALS TO MAINTAIN IMPROVEMENTS6" VALVE (NOT OVERSIZED).UTILITIES/DIST - 49955THE HOME DEPOT 1902 $ 399.84 05/30/2013 65085 MINOR EQUIP & TOOLSSMALL TOOLS.UTILITIES/FILTRATION - 49951FISHER SCI ATL $ 1,191.33 05/06/2013 65075 MEDICAL & LAB SUPPLIES MEMBRANE FILTERS FOR MEMBRANE FILTRATION - MILLIPORE.UTILITIES/FILTRATION - 49951USA BLUE BOOK $ 109.03 05/13/2013 65075 MEDICAL & LAB SUPPLIES PH BUFFER 4, 7, 10, NITRILE GLOVES.UTILITIES/FILTRATION - 49951FASTENAL COMPANY01 $ 263.40 05/14/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALFLOOR DRYER (ELECTRIC BLOWER).UTILITIES/FILTRATION - 49951FULLIFE SAFETY $ 523.15 05/15/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALDISPOSABLE GLOVES, RAIN JACKETS, AND FALL LANYARD 1.5 FT. EXTENSIONS.UTILITIES/FILTRATION - 49951FISHER SCI CHI $ 72.65 05/16/2013 65075 MEDICAL & LAB SUPPLIES FILTER PAPER FOR TSS, NITRILE GLOVESUTILITIES/FILTRATION - 49951VWR INTERNATIONAL INC $ 122.81 05/20/2013 65075 MEDICAL & LAB SUPPLIES PETRI DISHES - HETEROTROPHIC PLATE COUNT.UTILITIES/FILTRATION - 49951CROSSBOW INDUSTRIAL WA $ 240.21 05/23/2013 65075 MEDICAL & LAB SUPPLIES DI TANKS AND FILTERS.UTILITIES/FILTRATION - 49951FISHER SCI CHI $ 69.70 05/27/2013 65075 MEDICAL & LAB SUPPLIESQUART JARS FOR TASTE TESTING, UNGRADUATED CYLINDER FOR ALUM ANALYSIS.UTILITIES/PUMPING - 49964AUTOMATIONDIRECT COM I $ 81.00 05/01/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALENCLOSURES FOR THE SKOKIE CITY HALL PRESSURE.UTILITIES/PUMPING - 49964GALCO INDUSTRIAL ELECT $ 127.44 05/02/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALCABLE CONNECTORS.UTILITIES/PUMPING - 49964WW GRAINGER $ 112.01 05/03/2013 65702 WATER GENERAL PLANT WATER SYSTEM PUMP FOR THE WATER TRAILER.UTILITIES/PUMPING - 49964DKC DIGI KEY CORP $ 86.35 05/03/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALLED INDICATOR LIGHTS.UTILITIES/PUMPING - 49964ILLINOIS SECTION AWWA $ 45.00 05/06/2013 62295 TRAINING & TRAVELISAWWA SEMINAR FOR THE WATER PLANT OPERATOR.UTILITIES/PUMPING - 49964THE HOME DEPOT 1902 $ 105.62 05/08/2013 65702 WATER GENERAL PLANT PIPE INSULATION AND VALVES FOR THE WATER TRAILER.UTILITIES/PUMPING - 49964INVERTERSRUS $ 106.95 05/08/2013 65702 WATER GENERAL PLANT AIMS 300 WATT PURE SINE WAVE POWER INVERTER FOR THE WATER TRAILER.UTILITIES/PUMPING - 49964LOWES #01748 $ 36.75 05/09/2013 65060 MATERIALS TO MAINTAIN AUTOS HACKSAW AND PIPE FITTINGS.UTILITIES/PUMPING - 49964BEST BUY 00003137 $ 179.98 05/09/2013 65702 WATER GENERAL PLANT 20" LED BACKLIT FOR THE WATER TRAILER.UTILITIES/PUMPING - 49964DKC DIGI KEY CORP $ 80.53 05/10/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALLEDS, RESISTORS.UTILITIES/PUMPING - 49964MCMASTER-CARR $ 231.29 05/13/2013 65702 WATER GENERAL PLANTARCHITECTURAL ALUMINUM 90 DEGREE ANGLES AND STAINLESS STEEL SCREWS FOR THE WATER TRAILER.UTILITIES/PUMPING - 49964GFS MKTPLC #1915 $ 149.40 05/15/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALVINEGAR FOR THE CHLORINE ANALYZERS.UTILITIES/PUMPING - 49964WW GRAINGER $ 212.54 05/17/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALCABLE AND FITTING FOR GARAGE #2 DOOR.UTILITIES/PUMPING - 49964WW GRAINGER $ 61.96 05/20/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALPULLEY AND BUSHING FOR THE SERVICE BUILDING AIR CONDITIONING UNIT.UTILITIES/PUMPING - 49964CAROLINA TOOL SALES AN $ 35.87 05/20/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALSWITCH FOR THE GRINDER.July 8, 2013Page 18 of 19100 of 994 Bank of America Credit Card Statement for the Period ending May 31, 2013REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTIONUTILITIES/PUMPING - 49964GFS MKTPLC #1915 $ 272.52 05/21/2013 65125 OTHER COMMODITIESFOOD FOR THE PUBLIC SERVICE WEEK BARBECUE.UTILITIES/PUMPING - 49964DOMINICKS STOR00011379 $ 22.42 05/22/2013 65125 OTHER COMMODITIESSODA POP FOR THE PUBLIC SERVICE WEEK BARBECUE.UTILITIES/PUMPING - 49964V BELT GLOBAL SUPPLY L $ 19.15 05/22/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALBELT FOR THE SERVICE BUILDING AIR CONDITIONING UNIT.UTILITIES/PUMPING - 49964WW GRAINGER $ 36.60 05/23/201365070 OFFICE/OTHER EQ TO MAINTN MATERIALBELTS FOR GARAGE #2 DOOR OPENERS.UTILITIES/PUMPING - 49964INTL SOCIETY AUTOMATIO $ 110.00 05/24/2013 62360 MEMBERSHIP DUESMEMBERSHIP DUES FOR THE INTERNATIONAL SOCIETY OF AUTOMATION.UTILITIES/SEWER - 49944OLEARYS CONTRACTOR $ 456.00 05/02/2013 65085 MINOR EQUIP & TOOLSDISCHARGE HOSE.UTILITIES/SEWER - 49944LEE JENSEN SALES $ 836.45 05/06/2013 62245 OTHER EQ MAINTWINCH REPAIR AND SHORING PUMP PARTS.UTILITIES/SEWER - 49944NSC NORTHERN SAFETY CO $ 4.92 05/10/2013 65090 SAFETY EQUIPMENTSHIPPING CHARGE FOR WORK DRIVERS GLOVES.UTILITIES/SEWER - 49944NSC NORTHERN SAFETY CO $ 23.90 05/10/2013 65090 SAFETY EQUIPMENTWORK GLOVERS.UTILITIES/SEWER - 49944ELMERS WATER SPORTS $ 433.85 05/13/2013 62230 SVC TO MAINTAIN MAINS UNDERWATER CAMERA LIGHT.UTILITIES/SEWER - 49944NSC NORTHERN SAFETY CO $ 36.25 05/16/2013 65090 SAFETY EQUIPMENTTEST GLOVES.UTILITIES/SEWER - 49944NSC NORTHERN SAFETY CO $ 17.92 05/16/2013 65090 SAFETY EQUIPMENTTEST GLOVES.UTILITIES/SEWER - 49944VOLLMAR CLAY PRODUCTS $ 606.00 05/22/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSBLOCKS.UTILITIES/SEWER - 49944AMAZON.COM $ 127.93 05/29/2013 65085 MINOR EQUIPMENT AND TOOLS BATTERY JUMP PACK.UTILITIES/SEWER - 49944VOLLMAR CLAY PRODUCTS $ 303.00 05/30/201365055 MATERIALS TO MAINTAIN IMPROVEMENTSBRICKS.UTILITIES/SEWER - 49944AMAZON MKTPLACE PMTS $ 44.98 05/31/2013 65090 SAFETY EQUIPMENTSIGNAL FLARES.MAY STATEMENT TOTAL: $ 125,260.65 July 8, 2013Page 19 of 19101 of 994 For City Council meeting of July 8, 2013 Item A3.1 Business of the City by Motion: Large Diameter Sewer Rehabilitation For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Utilities Director Kristin Rehg, Management Analyst Subject: Large Diameter Sewer Rehabilitation – Central Park Avenue and Main St. (Bid No. 13-42) Date: June 25, 2013 Recommended Action: Staff recommends that City Council authorize the City Manager to award a contract in the amount of $1,388,290.00 to Kenny Construction Company (2215 Sanders Road Suite 400, Northbrook, IL 60062) for the Large Diameter Sewer Rehabilitation – Central Park Ave and Main St (Bid No. 13-42), contingent upon receiving the appropriate loan funding from the Illinois Environmental Protection Agency (IEPA). Funding Source: It is anticipated that the IEPA will provide loan funding from the State Revolving Fund in an amount up to $1,429,940 for the construction of this project. This amount includes a contingency of up to 3% above the bid price of the project. With this funding, all eligible construction costs would be funded by a loan repaid over 20 years at approximately 1.93% interest. IEPA loan funding for this work will be routed through the Sewer Fund, Capital Improvement Account 7420.65515, which has a FY 2013 budget allocation of $4,422,500. If all projects as budgeted in the 2013 Capital Improvements Plan are completed and this project receives grant funding, Staff will need to request a Sewer Fund Budget Amendment prior to the close of 2013. This amendment will not require any additional revenue approvals. Project Summary: This contract includes the rehabilitation of approximately 5,365 feet of large diameter combined sewer main ranging in size from 36-inch diameter to 48-inch diameter at two different sites. A location map indicating where the work will take place is attached. These are critical large diameter interceptor sewers that are over 100 years old and Memorandum 102 of 994 have become severely deteriorated. The work will be completed in several phases based on the following allowable construction windows on each street: * Lining of the portion of the sewer running past Lincoln Elementary School will be allowed only between June 15 and July 11, 2014, to avoid conflicts with student drop-off and pick-up. This project will potentially be receiving loan funding from the IEPA State Revolving Fund. IEPA has approved a Project Plan and is reviewing the City’s preliminary loan application for this project. In order to comply with the IEPA loan program rules, this project was bid with three modifications from the standard City contracts: 1. The Contractor must demonstrate good faith efforts to meet State of Illinois established Disadvantaged Business Enterprise (DBE) utilization goals (5% for MBEs and 12% for WBEs). 2. The Contractor must pay wages not less than those prevailing under the Federal Davis-Bacon Wage Act. 3. Compliance with the Local Employment Program Ordinance was not required, as the IEPA loan program does not allow a local hiring preference. An additional departure from Evanston’s standard procedure is a two-step contract award process. At this juncture, the City Manager can issue a Notice of Intent to Award to the lowest responsive and responsible bidder. IEPA will then review the bid package and provide a formal loan offer to Evanston if all criteria have been met and sufficient funding is still available. Upon receipt of the formal loan offer from IEPA, the City Manager may then execute a contract with the low bidder. Bid Analysis: This contract was advertised on Demandstar and in the Chicago Tribune. Bids were opened and publicly read on Tuesday, June 18, 2013. A total of three bids were received as summarized below. A detailed bid tabulation is also attached for reference. The submitted bids cannot be withdrawn or canceled for a period of 120 calendar days following the bid opening, or until October 16, 2013. Contractor Information Contractor: Address: Kenny Construction Company 2215 Sanders Rd. Ste. 400, Northbrook, IL Insituform Technologies USA, LLC 17988 Edison Avenue, Chesterfield, MO Michels Corporation 817 West Main Street, Brownsville, WI Pricing Summary Contractor: Base Bid Price: Kenny Construction Company $1,388,290.00 Insituform Technologies USA, LLC $1,465,998.00 Street Location Allowable Start Date Final Completion Date Central Park Ave. October 14, 2013 July 11, 2014 Main Street* January 2, 2014 July 11, 2014 103 of 994 Michels Corporation $1,658,805.00 The bids were reviewed by David Stoneback, Utilities Director. Based on anticipated funding and the bids received, staff is recommending issuance of a Notice of Intent to Award a contract in the amount of $1,388,290.00 to Kenny Construction Company. Kenny Construction has successfully completed similar projects for the City of Evanston. IEPA Loan Program Documentation: Due to high demand for funding through the State Revolving Fund, IEPA cannot guarantee the loan until the City completes the loan application. In order to complete the loan application, the City must submit: A copy of Council Meeting minutes authorizing the City Manager to award the contract contingent upon receipt of IEPA funding. A copy of Kenny Construction’s bid package including all required certification forms and demonstrating compliance with IEPA’s DBE requirements . Kenny Construction included all forms and certifications required by IEPA as part of their bid package. They also complied with the City of Evanston’s requirements including submittal of a 5% bid bond. Kenny Construction’s bid includes 0.1% DBE utilization. This does not meet the State of Illinois established goals (5% MBE and 12% WBE utilization), though Kenny Construction’s efforts to solicit DBE subcontractors demonstrate compliance with IEPA’s requirements. Kenny provided proof of publication of an advertisement for DBE participation more than 16 days prior to the bid, and provided the required DBE certification forms with their bid. This generally meets the requirements of the IEPA DBE program, although the IEPA will complete a final review prior to their formal loan offer. Attachments: Project Location Map Bid Tabulation for Bid 13-42 Large Diameter Sewer Rehabilitation – Central Park Ave and Main St 104 of 994 Large Diameter Sewer Rehabilitation Central Park Avenue and Main Street Project Location Map 105 of 994 106 of 994 107 of 994 For City Council meeting of July 8, 2013 Item A3.2 Business of the City by Motion: CIPP Contract B For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Utilities Director Lara Biggs, Superintendent – Construction & Field Services Subject: 2013 CIPP Sewer Rehabilitation Contract B (Bid No. 13-43) Date: June 21, 2013 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 Cured-In-Place Pipe Lining Contract B (Bid No. 13-43) with SAK Construction, LLC (864 Hoff Road, O’Fallon, MO) in the amount of $179,887.70. Funding Source: Funding for this work will be from the Sewer Fund, Account 7420.62461. This account has a total budget allocation of $500,000 for this type of sewer rehabilitation work, with $206,277 in available funding remaining. Summary: This contract includes the rehabilitation of approximately 2,620 feet of combined sewer main ranging in size from 9-inch diameter to 21-inch diameter at 12 different sites, with an alternate bid to add four more sites. A location map showing the 16 work sites is attached. The sewer mains were identified as needing rehabilitation during the closed circuit TV inspection of sewer mains over the past several years. The sewer rehabilitation work is to be completed by October 31, 2013. The contract documents for this project were sent only to the seven contractors pre- qualified to perform this type of work as a result of RFQ 11-40. These contractors submitted information demonstrating that the product they intend to use meets specific minimum requirements; that they are trained and approved to install the product; and that they have a minimum amount of experience installing the product. Council approved the pre-qualification of these contractors on February 14, 2011. A list of the prequalified contractors is attached. Memorandum 108 of 994 Bids for the subject project were opened and publicly read on Tuesday, June 18, 2012. Three of the seven pre-qualified contractors submitted bids for this project. Contractor Information: Contractor Address SAK Construction, LLC 864 Hoff Road, O’Fallon, MO Insituform Technologies, USA, Inc 17988 Edison Avenue, Chesterfield, MO Michels Pipe Services 817 West Main Street, Brownsville, WI Pricing Summary: The submitted bids can not be withdrawn or canceled for a period of sixty (60) calendar days following the bid opening, or until August 18, 2013. The bids were reviewed by Lara Biggs, Superintendent – Construction & Field Services. Attached is a bid tabulation summary showing the bid results from the three contractors that submitted. Contractor Base Bid Alternate 1 Total Bid SAK Construction, LLC $179,887.70 $95,487.50 $275,375.20 Insituform Technologies, USA, Inc $183,288.80 $86,244.00 $269,532.80 Michels Pipe Services $193,129.00 $86,105.00 $279,234.00 The total bid from all three bidders exceeds the remaining available funding for CIPP sewer rehabilitation. Therefore, bidders were evaluated on their base bid only. SAK Construction is the low bidder in this case. SAK Construction has not previously completed any projects for the City of Evanston, though SAK was awarded the 2013 CIPP Sewer Rehabilitation Contract A earlier this year (project is still in progress). SAK’s references were checked as part of the award process for the CIPP Contract A project and found to be favorable. Based on previous projects for CIPP sewer rehabilitation that have been bid by the City, it has been determined that this type of project has insufficient subcontracting opportunities, and the M/W/EBE goal has been waived. A memo from the Deputy City Manager is attached. Attachments: 2013 CIPP Sewer Rehabilitation Contract B Location Map List of Prequalified Contractors Approved by City Council on February 1, 2011 Bid Tabulation for Bid 13-43 2013 CIPP Sewer Rehabilitation Contract B M/W/EBE Compliance Review Memo 109 of 994 HARRISON STMEADOW-LARK LNGLENVIEW R D THAYER ST ARBOR LN KNOX CIR HIGHLAND AVELAWNDALE AVEPARK PL EWING AVECOLFAX ST BENNETT AVEBRADLEY PLFOSTER ST ST E W A R T A V E HARRISON STWALNUT AVEGREY AVEDODGE AVEDARROW AVEDEWEY AVEASHLAND AVEEMERSON ST LYONS ST MADISON ST OAK AVEOAKCLARK STASBURY AVECASE ST FOSTER ST CLINTON PL LINDEN PL UNIVERSITY PLCLAR K S T CLYDE AVEHINMAN AVEINGLESIDE PK GREELEYHILLSIDE LN NOYES CULVER ISABELLA ST PAYNE ST CALVIN CIR LAWNDALE AVETHAYER ST PARK PL PITNER AVELAKE STLEMAR AVEDEMPSTER STHARTREY AVEP R A I R I E A V E BROWNLIVINGSTON ST THELIN CTASHLAND AVEJACKSON AVEWESLEY AVECRAINASBURY AVESHERMAN AVECHICAGO AVEGARRETT PL MILBURN PK DEMPSTER STGROSS POINT RDPAYNE DARTMOUTH PLPROSPECT AVECOWPER AVECENTRAL ST LINCOLNWOOD DREL G I N R D WOODLAND RD PITNER AVENATHANIEL PL CHURCH ST NOYES ST RICHMOND AVEWARREN STGREY AVEGREYHOVLAND CTBROWN AVEGR E EN BA Y RD DARROW AVESOUTH BLVDDARROW AVELYONS STWOODBINE AVEJENKS ST WASHINGTON STASHLAND AVECROFT LNWESLEY AVEROSALIE ST BARTON AVELEE STRIDGE AVEOAK AVEMAPLE AVELINCOLN ST CASE PL LAKE ST CHUR C H S TORRINGTON AVEINGLESIDE PL FOREST AVETECH DR SHERIDAN RD HILLSIDE RD SIMPSON ST HASTINGS AVEOTTO LN RIDGEWAY AVEMARCY AVEFORESTVIEW RDREESE AVEBENNETT AVEHOWARD STHARTREY AVECLEVELAND STFOWLER AVECRAIN STPITNER AVEBROWN AVEWASHINGTON STHARTREY AVEBROWN AVEGREY AVEFLORENCE AVEASBURY AVEMONROE STST. MARK'S CTRIDGE AVEELMWOOD AVESHERMAN AVESHERMAN AVEHAMLIN ST GAFFIELD PL SHERMAN PLGREENWOOD STHINMAN AVESHERMAN AVEHAVEN ST EUCLID PARK PL JUDSON AVESOUTH BLVD LEE STJUDSON AVEMICHIGAN AVESHERIDAN SQLAKE SHORE BLVDSHERIDAN RD THAYER ST THA Y E R C T CRAWFORD AVECOLFAX PL TRINITY CT HARTZELL ST NORMANDY PLHURD AVEMcDANIEL AVEWADE CTMARTHA LNHARTZELL ST PITNER ALYGREENWOOD ST McCOR MI CK BL V D GREY AVEKEENEY ST GREENLEAF ST B R I D G E ST PAYNE ST ISABELLA ST FLORENCE AVECLEVELAND STDEWEY AVECOLFAX TER CENTRAL ST CHANCELLOR WASHINGTON STRIDGE AVEGARNETT PL LEONARD PL BRUMMEL ST MULFORD STMAPLE AVEEL G I N R D COLFAX STRIDGE AVERIDGE TER DAVIS S T LIBRARY PL DARTMOUTH PL CHICAGO AVEKEDZIE ST MAIN ST FOREST AVEARTSCIRCLE D R ARNOLD PL SHERIDAN RDPRINCETON AVEMARCY AVEISABELLA ST LINCOLN ST THAYER ST HAWTHORNE LN LINCOLN ST COLFAX STLIVINGST O N DODGE AVEGROVE ST HARRISONBROADWAY AVECHANCELLOR ST FOSTER STJACKSONLIVINGSTON DOBSON ST HARVARD TER SOUTH BLVDRIDGE CTRIDGE AVESIMPSON STBRYANT AVEOAKTON ST EMERSON ST MONTICELLO PL HINMAN AVEKEENEY ST GREENLEAF ST MICHIGAN AVEBURNHAM PLPRINCETONWELLINGTON CTCR AW FO R D LINCOLNWOOD DRBRUMMEL PLMcCORMICK BLVDMcDANIEL AVEMcDANIEL AVESIMPSON ST OAKTON ST MADISON PLLAUREL AVEPIONEER RDPAYNE STELM AVESEWARD STBROWN AVELEE STGREY AVEGREY AVEDOBSON STDODGE AVESEWARD STDEWEY AVEWESLEY AVEWESLEY AVEELINOR PL DAVIS STWESLEY EA S T RA I L ROAD A V E LEON PL NOYES ST GRANTGIRARD AVESEWARD STELMWOOD AVEREBA PL NOYES CTGARRISON AVESHERIDAN RD CALLAN AVEGRO V E S T CALLANJUDSON AVELAKESIDE CT HAMILTON ST HAYES CLIFFORD STBERNARD PLTHAYER PARK PL CENTRAL PARK AVEGRANT STEWING AVEMcDANIEL AVECENTRAL ST HARTREY AVEFOWLER AVELELAND AVELYONS ST BRUMMEL STDEWEY AVEKEENEY STDODGE AVEMAIN STDARROW AVEGRANT ST P RA I R I E A V E PO P LA R AV EGR E EN BA Y RD MULFORD STASHLAND AVEKIRK ST WILDER STEASTWOOD AVEASHLAND AVEASBURY AVEWESLEY AVEASBURY AVEHAMPTON PKYHULL TER AUSTIN STPRATT CTRIDGE AVEBENSON AVECENTRAL ST SHERIDAN PL ROSLYN P L HOWARD ST CUSTER AVEMILBURN ST SHERIDAN RDFOREST PLCAMPUS DREDGEMERE CTNORT H S H O R E C H A N N E L NORTH SHORE CHANNELL A K E M I C H I G A N37002300 2700 50034002400 300 2000300 2900 100 4001600700 13003000 1100 20008002700 1200 2600 110050060010001200180026002002500 2500150050013002100900 600 1500 500 800200014002001500 800 170019003800 1001100 2800 23002800 2500 26001400 14002900110022001600 700 18003600 2200200 400 600 300900 1001300 12001900 1700 19002100 100 3200900 18002400 26001000 22002200 1400 2500300100060035001700700 1200 400 2700230024002100170070016001800 31002300400 2000 2400 200 9001600 1900800 15002100 100033002800 13001 2 11 3 12 8 A4A3 7 5 6 4 9 A1 A2 10 Project Area Main Road Local Street Railroad Water City Boundary 0 0.5 10.25 Mile 1:31,680 1 inch = 0.5 mile City of Evanston 2013 CIPP Sewer Rehabilitation - Contract B 5/13/2013 This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. 2013B_CIPPSewerRehab_BWltr.mxd 110 of 994 111 of 994 112 of 994 Bid No. 13-09, 2013 CIPP Sewer Rehabilitation Contract A, M/W/EBE Waiver, SAK Construction, LLC, 3-27-13 To: David Stoneback, Director of Utilities From: Joseph McRae, Deputy City Manager Subject: Bid No. 13-43 2013 CIPP Sewer Rehabilitation Contract B Date: July 1, 2013 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 13-43 2013 CIPP Sewer Rehabilitation Contract B precludes subcontracting opportunities. Therefore, a waiver is granted. Cc: Martin Lyons, Assistant City Manager/CFO Louis Gergits, Finance Manager Memorandum 113 of 994 For City Council meeting of July 8, 2013 Item A3.3 Business of the City by Motion: Rate of Flow Transmitters and Manifolds For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Utilities Director Kevin Lookis, Water Production Superintendent Subject: Single Source Purchase of Rate of Flow Transmitters and Manifolds for the Water Treatment Plant Date: June 25, 2013 Recommended Action: Staff recommends approval of a single-source purchase of Rate of Flow Transmitter equipment from Rosemount, Inc. (8200 Market Boulevard, Chanhassen, MN 55317) in the amount of $57,386.07. Funding is provided from the Water Fund. Funding Source: Funding for this work will be from the Water Capital Improvement Program Fund, Account 733123. This account has a total budget allocation of $85,000 for the purchase of the transmitters and manifolds. Summary: Staff is recommending the single source purchase of 29 differential pressure transmitters manufactured by Rosemount. All transmitters in the treatment plant would then be made by the same company and be the same model. Staff did obtain quotes on two other types of transmitters and manifolds for due diligence purposes to be sure that the Rosemount models were in line with industry pricing. The cost breakdown for all can be found in the table below. Manufacturer Unit Cost, Transmitter Unit Cost, Manifold Total Rosemount Inc. $1,678.76 $300.07 $1,978.83 Honeywell $1,879.38 $360.00 $2,239.38 Yokagawa $1,655.00 $360.00 $2,015.00 Memorandum 114 of 994 In 2004 the Utilities Department began replacing differential pressure transmitters in the treatment plant. The transmitters replaced so far have been with the Rosemount 3051C model. They have worked well since installation and are easier to calibrate than the old transmitters they replaced. The original transmitters have been in service for more than 30 years. The transmitters have reached the end of their expected lifespan. The purchase of 29 additional transmitters and manifolds would complete the replacement of all differential transmitters. Twenty-four of the new transmitters would control Rate of Flow (12) and indicate Loss of Head (12) on the 12 East Plant filters. Three transmitters would indicate backwash and surface wash water usage during filter washes. Two additional level transmitters control the effluent valve position on all 24 filters. The differential pressure transmitters are important for records required by the Illinois Environmental Protection Agency. They also control the treatment process in the Filter Plant. When the first replacement Rosemount transmitters were purchased, a calibration/communication device was also purchased from Rosemount. This device allows maintenance staff to calibrate and configure Rosemount transmitters. The device saved the City of Evanston money on the unit cost of each transmitter purchased. The configuration of the transmitters otherwise would have been performed by the manufacturer for an additional cost. The device cannot be used on transmitters by other manufacturers. The cost to purchase calibration equipment for any other model is approximately $4,000. 115 of 994 For City Council meeting of July 8, 2013 Item A3.4 Business of the City by Motion: Agreement for Martial Arts Instruction For Action To: Honorable Mayor, Members of the City Council and Members of the Administration and Public Works Committee From: Douglas J. Gaynor, Director of Parks, Recreation & Community Services Bob Dorneker, Assistant Director, Parks, Recreation & Community Services Subject: Connelly’s Academy Agreement for Martial Arts Instruction Date: July 8, 2013 Recommended Action Staff recommends that City Council authorize the City Manager to execute a single source agreement with Connelly’s Academy (9750 Karlov Avenue, Skokie, Il) through December 2014 for martial arts program services at the Levy Senior Center, which is projected to reach a dollar value of over $20,000 in payments to the vendor. Funding Source: Revenue from program registrations are deposited into the General Fund Account, Levy Senior Center 3055.53565 and expenses for instruction paid from 3055.62505. Compensation for the vendor is based on the following percentages of revenue collected: Program Vendor Revenue City Revenue Martial Arts Instruction 60% 40% Summary The current 2013 agreement with Connelly’s Academy is projected to reach a dollar value of over $20,000 in payments. Connelly Academy has been the vendor providing martial arts instruction at the Levy Senior Center for over twenty five years. The program had its highest level of participation in 2012 and is projected to have an even higher level of participation for 2013. Mr. Connelly has worked very hard to provide excellent instruction and grow the program to today’s level of participation. Since the curriculum and instruction taught by Mr. Connelly’s is very specific to techniques he developed and instructs, (similar to a personal fitness trainer), department staff consulted with the Law Department regarding continuing the contract with Mr. Connelly for his services. It was reviewed and determined that based on his specific type of instruction and personal investment that the services could not be Memorandum 116 of 994 duplicated and the award could be classified as a single source award contract with the vendor. Staff also did a comparison with other recent city and neighboring communities that contracted with vendors for recreational services and found Mr. Connelly’s percentage of revenue being paid to him is definitely in line and a good value for the City of Evanston. The vendor, Connelly’s Academy, receives 60% of participant fees for the program. In 2011, staff worked with the vendor and changed from a 9-lesson punch pass to 8 week sessions. The change has been very successful and registration has increased significantly. Registration fees for 45 minute and one hour classes are $88.00 for residents and $98.00 for non-residents. Registration fees for ninety minute classes are $120.00 for residents and $130.00for non-residents. One may also attend a “drop in” if they choose: $15.00 per class for one hour classes or $20.00 for ninety minute classes. Each class must have a minimum of 8 participants in order to run with a maximum of 35 participants. Since January 2013, three hundred five participants have registered for the program. Staff projects total 2013 expenditure payments to Connelly’s Academy at $32,000.00 and revenues of $54,000.00, based on anticipated participation. In 2012, Connelly’s Academy was paid $29,403.00 for instructional services and revenues reached $48,803.00 for a net of $19,400.00. All expenses for the program are covered by participation fees. As mentioned above, Mr. Connelly has done an excellent job in providing instruction for the martial arts program and staff recommends continuation of this agreement. Connelly’s Academy provides Tae Kwon Do classes at the Levy Center for individuals from 4 years-old through adult in the evening, throughout the year. The vendor provides instructors and equipment. The current contract with “Connelly Academy” will expire August 31, 2013. Attachment: Martial Arts Agreement 117 of 994 1 CITY OF EVANSTON PROFESSIONAL SERVICES AGREEMENT The parties referenced herein desire to enter into an agreement for professional services for Tae Kwon Do for the City of Evanston THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this 1st day of September, 2014 between the City of Evanston, an Illinois municipal corporation with offices located at 2100 Ridge Avenue, Evanston Illinois 60201 (hereinafter referred to as the “City”), and Connelly’s Academy with offices located at 9750 Karlov Ave, Skokie, IL 60076, (hereinafter referred to as the “Consultant”). Compensation for all basic Services (“the Services”) provided by the Consultant pursuant to the terms of this agreement. I. COMMENCEMENT DATE Consultant shall commence the Services on September 1, 2013. II. COMPLETION DATE Consultant shall complete the Services by December 31, 2014. If this Agreement provides for renewals after an initial term, no renewal shall begin until agreed to in writing by both parties prior to the completion date of this Agreement. III. PAYMENTS City shall pay Consultant 60% of collected revenue (resident’s rate) for instruction of Tae Kwon Do programs. Any expenses in addition to those set forth here must be specifically approved by the City in writing in advance. 118 of 994 2 IV. DESCRIPTION OF SERVICES Consultant shall perform the services (the “Services”) set forth here: Services are those as defined in Exhibit A, the City’s Request for Proposal/Qualifications (Exhibit B) and Consultant’s Response to the Proposal (Exhibit C). Services may include, if any, other documented discussions and agreements regarding scope of work and cost (Exhibit D). EXHIBIT A, B, C, D ----ATTACHED. V. GENERAL PROVISIONS A. Services. Consultant shall perform the Services in a professional and workmanlike manner. All Services performed and documentation (regardless of format) provided by Consultant shall be in accordance with the standards of reasonable care and skill of the profession, free from errors or omissions, ambiguities, coordination problems, and other defects. Consultant shall take into account any and all applicable plans and/or specifications furnished by City, or by others at City’s direction or request, to Consultant during the term of this Agreement. All materials, buildings, structures, or equipment designed or selected by Consultant shall be workable and fit for the intended use thereof, and will comply with all applicable governmental requirements. Consultant shall require its employees to observe the working hours, rules, security regulations and holiday schedules of City while working and to perform its Services in a manner which does not unreasonably interfere with the City’s business and operations, or the business and operations of other tenants and occupants in the City which may be affected by the work relative to this Agreement. Consultant shall take all necessary precautions to assure the safety of its employees who are engaged in the performance of the Services, all equipment and supplies used in connection therewith, and all property of City or other parties that may be affected in connection therewith. If requested by City, Consultant shall promptly replace any employee or agent performing the Services if, in the opinion of the City, the performance of the employee or agent is unsatisfactory. Consultant is responsible for conforming its final work product to generally accepted professional standards for all work performed pursuant to this Agreement. Consultant is an independent Consultant and is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including but not limited to, Worker’s Compensation Insurance. Nothing in this Agreement accords any third-party beneficiary rights whatsoever to any non-party to this Agreement that any non-party may seek to enforce. Consultant acknowledges and agrees that should Consultant or its subconsultants provide false information, or fail to be or remain in compliance with this Agreement, the City may void this Agreement. The Consultant warrants and states that it has read the Contract Documents, and agrees to be bound thereby, including all performance guarantees as respects Consultant’s work and all indemnity and insurance requirements. The Consultant shall obtain prior approval from the City prior to subcontracting with any entity or person to perform any of the work required under this Agreement. If the Consultant subcontracts any of the services to be performed under this Agreement, the subconsultant agreement shall provide that the services to be performed under any such agreement shall not be sublet, sold, transferred, assigned or otherwise disposed of to another entity or person without the City’s prior written 119 of 994 3 consent. The Consultant shall be responsible for the accuracy and quality of any subconsultant’s work. All subconsultant agreements shall include verbatim or by reference the provisions in this Agreement binding upon Consultant as to all Services provided by this Agreement, such that it is binding upon each and every subconsultant that does work or provides Services under this Agreement. The Consultant shall cooperate fully with the City, other City contractors, other municipalities and local government officials, public utility companies, and others, as may be directed by the City. This shall include attendance at meetings, discussions and hearings as requested by the City. This cooperation shall extend to any investigation, hearings or meetings convened or instituted by OSHA relative to this Project, as necessary. Consultant shall cooperate with the City in scheduling and performing its Work to avoid conflict, delay in or interference with the work of others, if any, at the Project. Except as otherwise provided herein, the nature and scope of Services specified in this Agreement may only be modified by a writing approved by both parties. This Agreement may be modified or amended from time to time provided, however, that no such amendment or modification shall be effective unless reduced to writing and duly authorized and signed by the authorized representatives of the parties. B. Representation and Warranties. Consultant represents and warrants that: (1) Consultant possesses and will keep in force all required licenses to perform the Services, (2) the employees of Consultant performing the Services are fully qualified, licensed as required, and skilled to perform the Services. C. Termination. City may, at any time, with or without cause, terminate this Agreement upon seven (7) days written notice to Consultant. If the City terminates this agreement, the City will make payment to Consultant for Services performed prior to termination. Payments made by the City pursuant to this Agreement are subject to sufficient appropriations made by the City of Evanston City Council. In the event of termination resulting from non-appropriation or insufficient appropriation by the City Council, the City’s obligations hereunder shall cease and there shall be no penalty or further payment required. In the event of an emergency or threat to the life, safety or welfare of the citizens of the City, the City shall have the right terminate this Agreement without prior written notice. Within thirty (30) days of termination of this Agreement, the Consultant shall turn over to the City any documents, drafts, and materials, including but not limited to, outstanding work product, data, studies, test results, source documents, AutoCad Version 2007, PDF, ArtView, Word, Excel spreadsheets, technical specifications and calculations, and any other such items specifically identified by the City related to the Services herein. D. Independent Consultant. Consultant’s status shall be that of an independent Consultant and not that of a servant, agent, or employee of City. Consultant shall not hold Consultant out, nor claim to be acting, as a servant, agent or employee of City. Consultant is not authorized to, and shall not, make or undertake any agreement, understanding, waiver or representation on behalf of City. Consultant shall at its own 120 of 994 4 expense comply with all applicable workers compensation, unemployment insurance, employer’s liability, tax withholding, minimum wage and hour, and other federal, state, county and municipal laws, ordinances, rules, regulations and orders. Consultant agrees to abide by the Occupational Safety & Health Act of 1970 (OSHA), and as the same may be amended from time to time, applicable state and municipal safety and health laws and all regulations pursuant thereto. E. Conflict of Interest. Consultant represents and warrants that no prior or present services provided by Consultant to third parties conflict with the interests of City in respect to the Services being provided hereunder except as shall have been expressly disclosed in writing by Consultant to City and consented to in writing to City. F. Ownership of Documents and Other Materials. All originals, duplicates and negatives of all plans, drawings, reports, photographs, charts, programs, models, specimens, specifications, AutoCad Version 2007, Excel spreadsheets, PDF, and other documents or materials required to be furnished by Consultant hereunder, including drafts and reproduction copies thereof, shall be and remain the exclusive property of City, and City shall have the unlimited right to publish and use all or any part of the same without payment of any additional royalty, charge, or other compensation to Consultant. Upon the termination of this Agreement, or upon request of City, during any stage of the Services, Consultant shall promptly deliver all such materials to City. Consultant shall not publish, transfer, license or, except in connection with carrying out obligations under this Agreement, use or reuse all or any part of such reports and other documents, including working pages, without the prior written approval of City, provided, however, that Consultant may retain copies of the same for Consultant’s own general reference. G. Payment. Invoices for payment shall be submitted by Consultant to City at the address set forth above, together with reasonable supporting documentation, City may require such additional supporting documentation as City reasonably deems necessary or desirable. Payment shall be made in accordance with the Illinois Local Government Prompt Payment Act, after City’s receipt of an invoice and all such supporting documentation. H. Right to Audit. Consultant shall for a period of three years following performance of the Services, 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 Consultant, 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 Consultant is found to have been overstated, Consultant 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. I. Indemnity. Consultant shall defend, indemnify and hold harmless the 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 121 of 994 5 proceedings of any kind or nature, including but not limited to 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 Consultant or Consultant’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 the 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. The Consultant 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 the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. At the City Corporation Counsel’s option, Consultant 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 Consultant of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Agreement by Consultant 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. To the extent permissible by law, Consultant waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claim by any employee of Consultant that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute. Consultant shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of its Work or its subConsultants’ work. Acceptance of the work by the City will not relieve the Consultant of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. All provisions of this Section shall survive completion, expiration, or termination of this Agreement. J. Insurance. Consultant shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by Consultant, and insuring Consultant against claims which may arise out of or result from Consultant’s performance or failure to perform the Services hereunder: (1) worker’s compensation in statutory limits and employer’s liability insurance in the amount of at least 122 of 994 6 $500,000, (2) comprehensive general liability coverage, and designating City as additional insured for not less than $3,000,000 combined single limit for bodily injury, death and property damage, per occurrence, (3) comprehensive automobile liability insurance covering owned, non-owned and leased vehicles for not less than $1,000,000 combined single limit for bodily injury, death or property damage, per occurrence, and (4) errors and omissions or professional liability insurance respecting any insurable professional services hereunder in the amount of at least $1,000,000. Consultant shall give to the City certificates of insurance for all Services done pursuant to this Agreement before Consultant performs any Services, and, if requested by City, certified copies of the policies of insurance evidencing the coverage and amounts set forth in this Section. The City may also require Consultant to provide copies of the Additional Insured Endorsement to said policy(ies) which name the City as an Additional Insured for all of Consultant’s Services and work under this Agreement. Any limitations or modification on the certificate of insurance issued to the City in compliance with this Section that conflict with the provisions of this Section shall have no force and effect. Consultant’s certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to City. Consultant understands that the acceptance of certificates, policies and any other documents by the City in no way releases the Consultant and its subcontractors from the requirements set forth herein. Consultant expressly agrees to waive its rights, benefits and entitlements under the “Other Insurance” clause of its commercial general liability insurance policy as respects the City. In the event Consultant fails to purchase or procure insurance as required above, the parties expressly agree that Consultant 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 Consultant. Consultant acknowledges and agrees that if it fails to comply with all requirements of this Section, that the City may void this Agreement. K. Confidentiality. In connection with this Agreement, City may provide Consultant with information to enable Consultant to render the Services hereunder, or Consultant may develop confidential information for City. Consultant agrees (i) to treat, and to obligate Consultant’s employees to treat, as secret and confidential all such information whether or not identified by City as confidential, (ii) not to disclose any such information or make available any reports, recommendations and /or conclusions which Consultant may make for City to any person, firm or corporation or use the same in any manner whatsoever without first obtaining City’s written approval, and (iii) not to disclose to City any information obtained by Consultant on a confidential basis from any third party unless Consultant shall have first received written permission from such third party to disclose such information. Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory timeframes (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Consultant’s control, the 123 of 994 7 Consultant 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 Consultant 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, is 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. Use of City’s Name or Picture of Property. Consultant shall not in the course of performance of this Agreement or thereafter use or permit the use of City’s name nor the name of any affiliate of City, nor any picture of or reference to its Services in any advertising, promotional or other materials prepared by or on behalf of Consultant, nor disclose or transmit the same to any other party. M. No Assignments or Subcontracts. Consultant shall not assign or subcontract all or any part or its rights or obligations hereunder without City’s express prior written approval. Any attempt to do so without the City’s prior consent shall, at City’s option, be null and void and of no force or effect whatsoever. Consultant shall not employ, contract with, or use the services of any other architect, interior designer, engineer, consultant, special contractor, or other third party in connection with the performance of the Services without the prior written consent of City. N. Compliance with Applicable Statues, Ordinances and Regulations. In performing the Services, Consultant shall comply with all applicable federal, state, county, and municipal statues, ordinances and regulations, at Consultant’s sole cost and expense, except to the extent expressly provided to the contrary herein. Whenever the City deems it reasonably necessary for security reasons, the City may conduct at its own expense, criminal and driver history background checks of Consultant’s officers, employees, subcontractors, or agents. Consultant shall immediately reassign any such individual who in the opinion of the City does not pass the background check. O. Liens and Encumbrances. Consultant, for itself, and on behalf of all subcontractors, suppliers, materialmen and others claiming by, through or under Consultant, hereby waives and releases any and all statutory or common law mechanics’ materialmens’ or other such lien claims, or rights to place a lien upon City property or any improvements thereon in connection with any Services performed under or in connection with this Agreement. Consultant further agrees, as and to the extent of payment made hereunder, to execute a sworn affidavit respecting the payment and lien releases of all subcontractors, suppliers and materialmen, and a release of lien respecting the Services at such time or times and in such form as may be reasonably requested by City. Consultant shall protect City from all liens for labor performed, material supplied or used by Consultant and/or any other person in connection with the Services undertaken by consultant hereunder, and shall not at any time suffer or permit any lien or attachment or encumbrance to be imposed by any subConsultant, supplier or materialmen, or other person, firm or corporation, 124 of 994 8 upon City property or any improvements thereon, by reason or any claim or demand against Consultant or otherwise in connection with the Services. P. Notices. Every notice or other communication to be given by either party to the other with respect to this Agreement, shall be in writing and shall not be effective for any purpose unless the same shall be served personally or by United States certified or registered mail, postage prepaid, addressed if to City as follows: City of Evanston, 2100 Ridge Avenue, Evanston, Illinois 60201, Attention: Purchasing Division and to Consultant at the address first above set forth, or at such other address or addresses as City or Consultant may from time to time designate by notice given as above provided. Q. 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 Consultant, or arising out of a breach of this Agreement by Consultant, the City shall recover from the Consultant as part of the judgment against Consultant, its attorneys’ fees and costs incurred in each and every such action, suit, or other proceeding. R. Waiver. Any failure or delay by City to enforce the provisions of this Agreement shall in no way constitute a waiver by City of any contractual right hereunder, unless such waiver is in writing and signed by City. S. Severability. In the event that any provision of this Agreement should be held void, or unenforceable, the remaining portions hereof shall remain in full force and effect. T. Choice of Law. The rights and duties arising under this Agreement shall be governed by the laws of the State of Illinois. Venue for any action arising out or due to this Agreement shall be in Cook County, Illinois. The City shall not enter into binding arbitration to resolve any dispute under this Agreement. The City does not waive tort immunity by entering into this Agreement. U. Time. Consultant agrees all time limits provided in this Agreement and any Addenda or Exhibits hereto are of essence to this Agreement. Consultant shall continue to perform its obligations while any dispute concerning the Agreement is being resolved, unless otherwise directed by the City. V. Survival. Except as expressly provided to the contrary herein, all provisions of this Agreement shall survive all performances hereunder including the termination of the Consultant. VI. EQUAL EMPLOYMENT OPPORTUNITY In the event of the Consultant’s noncompliance with any provision of Section 1-12-5 of the Evanston City Code, the Illinois Human Rights Act or any other applicable law, the Consultant may be declared nonresponsible and therefore ineligible for future contracts or subcontracts with the City, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. 125 of 994 9 During the performance of the contract, the Consultant agrees as follows: A. 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. Consultant shall comply with all requirements of City of Evanston Code Section 1-12-5. B. That, in all solicitations or advertisements for employees placed by it on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, or disability. VII. SEXUAL HARASSMENT POLICY The Consultant certifies pursuant to the Illinois Human Rights Act (775 ILCS 5/2105 et. seq.), that it has a written sexual harassment policy that includes, at a minimum, the following information: A. The illegality of sexual harassment; B. The definition of sexual harassment under State law; C. A description of sexual harassment utilizing examples; D. The Consultant’s internal complaint process including penalties; E. Legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission, and directions on how to contact both; and F. Protection against retaliation as provided to the Department of Human Rights. VIII. CONSULTANT CERTIFICATIONS A. Consultant acknowledges and agrees that should Consultant or its subconsultant provide false information, or fail to be or remain in compliance with the Agreement, the City may void this Agreement. B. Consultant certifies that it and its employees will comply with applicable provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, 126 of 994 10 the Americans with Disabilities Act (42 U.S.C. Section 1201 et seq.) and applicable rules in performance under this Agreement. C. If Consultant, or any officer, director, partner, or other managerial agent of Consultant, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Consultant certifies at least five years have passed since the date of the conviction. D. Consultant certifies that it has not been convicted of the offense of bid rigging or bid rotating or any similar offense of any State in the U.S., nor made any admission of guilt of such conduct that is a matter of record. (720 ILCS 5/33 E-3, E- 4). E. In accordance with the Steel Products Procurement Act, Consultant certifies steel products used or supplied in the performance of a contract for public works shall be manufactured or produced in the U.S. unless the City grants an exemption. F. Consultant certifies that it is properly formed and existing legal entity, and as applicable, has obtained an assumed name certificate from the appropriate authority, or has registered to conduct business in Illinois and is in good standing with the Illinois Secretary of State. G. If more favorable terms are granted by Consultant to any similar governmental entity in any state in a contemporaneous agreement let under the same or similar financial terms and circumstances for comparable supplies or services, the more favorable terms shall be applicable under this Agreement. H. Consultant certifies that it is not delinquent in the payment of any fees, fines, damages, or debts to the City of Evanston. IX. INTEGRATION This Agreement, together with Exhibits A, B, C, and D sets forth all the covenants, conditions and promises between the parties with regard to the subject matter set forth herein. There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. This Agreement has been negotiated and entered into by each party with the opportunity to consult with its counsel regarding the terms therein. No portion of the Agreement shall be construed against a party due to the fact that one party drafted that particular portion as the rule of contra proferentem shall not apply. In the event of any inconsistency between this Agreement, and any Exhibits, this Agreement shall control over the Exhibits. In no event shall any proposal or contract form submitted by Consultant be part of this Agreement unless agreed to in a writing signed by both parties and attached and referred to herein as an Addendum, and in such event, only the portions of such proposal or contract form consistent with this Agreement and Exhibits hereto shall be part hereof. 127 of 994 11 IN WITNESS WHEREOF, the parties hereto have each approved and executed this Agreement on the day, month and year first above written. CONSULTANT: CITY OF EVANSTON 2100 RIDGE AVENUE EVANSTON, IL 60201 By ________________________ By:________________________ Its: ________________________ Its: _______________________ FEIN Number: _______________ Date: _____________________ Date: _______________________ 128 of 994 12 129 of 994 For City Council meeting of July 8, 2013 Item A3.5 Business of the City by Motion: Street Resurfacing Project CIP III Contract Award 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 Homayoon Pirooz, P.E., Assistant Director for Infrastructure & Engineering Sat Nagar, P.E., Senior Project Manager Subject: Contract Award for the 2013 Capital Improvements Street Resurfacing Project Phase III Date: June 28, 2013 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 Capital Improvements Fund Street Resurfacing Project Phase III (Bid 13-49) to A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL 60193) in the amount of $968,396. Funding Source: Funding for this work will be from the Capital Improvements Fund for $818,396 (415857.65515 – 2013 Budget of $2.7 million and $1,082,000 being allocated in Phase I and II) and Howard- Hartrey TIF Fund $150,000 (553104.65515 – 2013 Budget of $250,000). Summary: The following street segments are included in the Street Resurfacing Project Phase III project. STREET FROM TO Dewey Avenue Mulford Street Kirk Street Foster Street Maple Ave Sherman Avenue Hartrey Avenue Howard Street Dead End North Memorandum 130 of 994 McDaniel Avenue Lee Street Dead End North Prairie Avenue Grant Street Central Street Prospect Avenue Grant Street Colfax Street Wesley Avenue Foster Street Dead End North The above streets have been included as a separate contract since the project scope included street resurfacing only. The Water Main & Street Resurfacing Project Phases I & II Projects were let as separate contracts. The Phase II project included Clark Street to accommodate Northwestern University students and Austin Street to accommodate faster construction adjacent to Saint Francis Hospital. The Phase I included most of streets around the schools to accommodate completion of construction before the school starts in late August. A location map showing the streets included as part of the Phase III street resurfacing is attached. The bid documents were prepared by in-house Engineering staff and sent to several potential bidders. The project was bid in June and advertised in the Chicago Tribune. The project was also published in the State Contractors Bulletin and on Demand Star. The bids were opened on June 25, 2013. The only bid was submitted by A. Lamp Concrete Contractors, Schaumburg. The bid result is correct and in order. A copy of the bid tabulation is enclosed for your review. CONTRACTOR BID PRICE A. Lamp Concrete Contractors $968,396 The engineer’s estimate for this project is $989,099.90. The City’s estimate is based on previous year’s prices considering price increases to account for inflation. The low bid contractor, A. Lamp Concrete Contractors Inc., is in compliance with the M/W/EBE goal of the City. They are satisfying their M/W/EBE goal by having Ozinga Chicago RMC, Inc. (Evanston Business), Precision Pavement Marking Inc. and Alas Trucking Inc., (both certified MBE Firms) as subcontractors. The total value of the estimated M/W/EBE subcontracted work is 25% of the total contract amount. The M/W/EBE schedule and supporting documentation has been reviewed and approved by the City Manager’s office, as indicated in the attached memo. A. Lamp Concrete Contractors Inc. has worked with the City before on similar projects and completed work on time and within budget. 131 of 994 Attachments: Bid Tab Location Map M/W/EBE Memo 132 of 994 CITY OF EVANSTON TABULATION OF BIDS FOR 2013 STREET RESURFACING PROJECT III PW - RS - 1309 DATE: 06 / 25 / 13 TIME: 2:00 P.M. ATTENDED BY: SN TOTAL UNIT UNIT QUANTITY PRICE PRICE 1 Temporary Fence Foot 8,390 $1.00 $8,390.00 $0.50 $4,195.00 2 Tree Trunk Protection Each 79 $50.00 $3,950.00 $25.00 $1,975.00 3 Earth Saw Cuts of Tree Roots (Root Prunning)Foot 2,301 $3.50 $8,053.50 $1.00 $2,301.00 4 Thermoplastic Pavement Marking Line-4”Foot 1,422 $1.00 $1,422.00 $1.50 $2,133.00 5 Thermoplastic Pavement Marking Line-6”Foot 1,397 $1.50 $2,095.50 $2.00 $2,794.00 6 Thermoplastic Pavement Marking Line-8"Foot 674 $2.00 $1,348.00 $3.00 $2,022.00 7 Thermoplastic Pavement Marking Line-12"Foot 780 $3.00 $2,340.00 $5.00 $3,900.00 8 Thermoplastic Pavement Marking Line-24”Foot 474 $5.00 $2,370.00 $6.00 $2,844.00 9 Earth Excavation Cu.Yd. 513 $30.00 $15,390.00 $38.00 $19,494.00 10 Furnishing and Placing Topsoil, 3”Sq.Yd. 2,462 $4.00 $9,848.00 $3.00 $7,386.00 11 Sodding, Salt Tolerant Sq.Yd. 2,462 $7.00 $17,234.00 $6.00 $14,772.00 12 Sub-Base Granular Material, Type B (Temporary Use) Cu.Yd. 140 $20.00 $2,800.00 $1.00 $140.00 13 Aggregate Base Course, Type B, 4”Sq.Yd. 1,541 $5.00 $7,705.00 $5.00 $7,705.00 14 Aggregate Base Course, Type B, 6”Sq.Yd. 145 $7.00 $1,015.00 $7.00 $1,015.00 15 HES PCC Base Course Widening, 9”Sq.Yd. 209 $55.00 $11,495.00 $50.00 $10,450.00 16 Bituminous Material (Prime Coat)Gal. 2,828 $2.00 $5,656.00 $1.00 $2,828.00 17 Aggregate (Prime Coat)Ton 73 $25.00 $1,825.00 $1.00 $73.00 18 Mixture for Cracks, Joints and Flangeways Ton 12 $200.00 $2,400.00 $100.00 $1,200.00 19 Hot-Mix Asphalt Base Course-7" (HMA Binder IL19mm) Sq.Yd. 386 $50.00 $19,300.00 $45.00 $17,370.00 20 Leveling Binder, (Mach Meth) N50 (IL 9.5mm)Ton 1,336 $85.00 $113,560.00 $83.00 $110,888.00 21 Hot-Mix Asphalt Surface Course, Mix"D", N50(IL 9.5mm) Ton 2,038 $85.00 $173,230.00 $85.00 $173,230.00 22 Incidental Hot-mix Asphalt Surfacing Ton 215 $110.00 $23,650.00 $100.00 $21,500.00 23 PCC Driveway Pavement, 6”Sq.Yd. 165 $50.00 $8,250.00 $50.00 $8,250.00 24 PCC Driveway Pavement, 8”Sq.Yd. 171 $55.00 $9,405.00 $60.00 $10,260.00 25 PCC Sidewalk, 5”Sq.Ft. 11,626 $4.25 $49,410.50 $5.00 $58,130.00 26 Hot-Mix Asphalt Surface Removal (Variable Depth)Sq.Yd. 22,986 $3.50 $80,451.00 $3.00 $68,958.00 27 Pavement Removal Sq.Yd. 534 $15.00 $8,010.00 $13.00 $6,942.00 28 Driveway Pavement Removal Sq.Yd. 379 $14.00 $5,306.00 $12.00 $4,548.00 29 Curb Removal Foot 2,938 $4.00 $11,752.00 $3.50 $10,283.00 30 Combination Curb and Gutter Removal Foot 2,365 $4.00 $9,460.00 $3.50 $8,277.50 31 Sidewalk Removal Sq.Ft. 11,442 $1.20 $13,730.40 $1.50 $17,163.00 32 Class B Patches, Special, 9” (HES)Sq.Yd. 691 $55.00 $38,005.00 $50.00 $34,550.00 33 Class D Patches, Special, 9”Sq.Yd. 80 $60.00 $4,800.00 $60.00 $4,800.00 34 Cold Mix Ton 8 $175.00 $1,400.00 $150.00 $1,200.00 35 Fiberglass Fabric Repair System Sq.Yd. 901 $40.00 $36,040.00 $35.00 $31,535.00 36 Catch Basins To Be Adjusted Each 8 $400.00 $3,200.00 $325.00 $2,600.00 37 Fire Hydrant To Be Relocated, Complete Each 2 $1,000.00 $2,000.00 $3,250.00 $6,500.00 38 Manholes To Be Adjusted Each 23 $425.00 $9,775.00 $350.00 $8,050.00 39 Manholes To Be Reconstructed Each 7 $1,250.00 $8,750.00 $1,250.00 $8,750.00 40 Manholes To Be Lined Each 5 $1,500.00 $7,500.00 $2,000.00 $10,000.00 41 Inlets To Be Adjusted Each 3 $425.00 $1,275.00 $325.00 $975.00 42 Valve Vaults To Be Adjusted Each 9 $425.00 $3,825.00 $325.00 $2,925.00 43 Valve Vaults To Be Reconstructed Each 5 $1,250.00 $6,250.00 $350.00 $1,750.00 44 Valve Boxes To Be Adjusted Each 16 $325.00 $5,200.00 $150.00 $2,400.00 45 Frames and Lids, Type-1, Closed Lid Each 19 $350.00 $6,650.00 $350.00 $6,650.00 46 Concrete Curb, Type B (AEP-Modified)Foot 1,669 $18.00 $30,042.00 $17.50 $29,207.50 47 Comb. Conc. C&G Type B6.12 (AEP-Modified)Foot 2,922 $18.00 $52,596.00 $17.50 $51,135.00 48 Detectable Warnings Sq.Ft. 615 $35.00 $21,525.00 $30.00 $18,450.00 49 Street Sweeping Each 24 $500.00 $12,000.00 $50.00 $1,200.00 50 Short Term Pavement Marking Foot 625 $1.00 $625.00 $0.10 $62.50 51 Temporary Pavement Marking Line-4" (Tape, Type 1) Foot 945 $2.00 $1,890.00 $0.10 $94.50 52 Relocate Existing Tree, Complete Each 1 $1,000.00 $1,000.00 $650.00 $650.00 53 Remove and Reset Existing Street Signs, Complete Each 1 $250.00 $250.00 $150.00 $150.00 54 Street Light To Be Adjusted, Complete Each 1 $3,500.00 $3,500.00 $3,500.00 $3,500.00 55 Special/Non Special Waste Disposal Cu.Yd. 406 $25.00 $10,150.00 $5.00 $2,030.00 56 Soil Disposal Analysis Lump Sum 1 $5,000.00 $5,000.00 $3,500.00 $3,500.00 57 Construction Layout Lump Sum 1 $15,000.00 $15,000.00 $12,705.00 $12,705.00 58 Traffic Control and Protection Lump Sum 1 $70,000.00 $70,000.00 $120,000.00 $120,000.00 $989,099.90 $968,396.00$968,396.00TOTAL BID AS READ AS CORRECTED ITEM NUMBER ITEM UNIT NAME AND ADDRESS OF BIDDERS TOTAL APPROVED ENGINEER'S ESTIMATE A. LAMP CONCRETE CONTRACTORS, INC. TOTAL SCHAUMBURG, IL 60193 1900 WRIGHT BLVD. 133 of 994 HARRISON STMEADOW-LARK LNGLENVIEW RD THAYER ST ARBORLN KNOX CIRHIGHLAND AVELAWNDALE AVEPARK PL EWING AVECOLFAX ST BENNETT AVEBRADLEY PLFOSTER STSTE W A R T A V E HARRISON STWALNUT AVEGREY AVEDODGE AVEDARROW AVEDEWEY AVEASHLAND AVEEMERSON ST LYONS ST MADISON STOAK AVEOAKCLARK STASBURY AVECASE ST FOSTER ST CLINTON PL LINDEN PL UNIVERSITY PL CLARK S T CLYDE AVEHINMAN AVE INGLESIDE PK GREELEYHILLSIDE LN NOYES CULVER ISABELLA ST PAYNE ST CALVIN CIR LAWNDALE AVETHAYER ST PARK PL PITNER AVELAKE STLEMAR AVEDEMPSTER STHARTREY AVEPR A I R I E A V E BROWNLIVINGSTON ST THELIN CTASHLAND AVEJACKSON AVEWESLEY AVECRAINASBURY AVESHERMAN AVECHICAGO AVE GARRETT PL MILBURN PK DEMPSTER STGROSS POINT RDPAYNE DARTMOUTH PL PROSPECT AVECOWPER AVECENTRAL ST LINCOLNWOOD DRELGI N R D WOODLAND RD PITNER AVENATHANIEL PL CHURCH ST NOYES ST RICHMOND AVEWARREN STGREY AVEGREYHOVLAND CTBROWN AVEG R E E N B A Y R D DARROW AVESOUTH BLVDDARROW AVELYONS STWOODBINE AVEJENKS ST WASHINGTON STASHLAND AVECROFT LNWESLEY AVEROSALIE ST BARTON AVELEE STRIDGE AVEOAK AVEMAPLE AVELINCO LN ST CASE PL LAKE ST CHURCH S TORRINGTON AVEINGLESIDE PL FOREST AVETECH DR SHERIDAN RD HILLSIDE RD SIMPSON STHASTINGS AVEOTTO LN RIDGEWAY AVEMARCY AVEFORESTVIEW RDREESE AVEBENNETT AVEHOWARD STHARTREY AVECLEVELAND STFOWLER AVECRAIN STPITNER AVEBROWN AVEWASHINGTON STHARTREY AVEBROWN AVEGREY AVEFLORENCE AVEASBURY AVEMONROE STST. MARK'S CTRIDGE AVEELMWOOD AVESHERMAN AVESHERMAN AVEHAMLIN ST GAFFIELD PL SHERMAN PL GREENWOOD STHINMAN AVESHERMAN AVEHAVEN ST EUCLIDPARK PL JUDSON AVE SOUTH BLVD LEE STJUDSON AVEMICHIGAN AVESHERIDAN SQLAKE SHORE BLVDSH E R IDAN RD THAYERST T H A Y E R C T CRAWFORD AVECOLFAX PL TRINITY CT HARTZELL ST NORMANDY PL HURD AVEMcDANIEL AVEWADE CTMARTHA LNHARTZELL ST PITNER ALYGREENWOOD STMcCORMICK BLVDGREY AVEKEENEY ST GREENLEAF ST BRI D G E ST PAYNE ST ISABELLA ST FLORENCE AVECLEVELAND STDEWEY AVECOLFAX TER CENTRAL ST CHANCELLOR WASHINGTON STRIDGE AVEGARNETT PL LEONARD PL BRUMMEL ST MULFORD STMAPLE AVEELG I N R D COLFAX STRIDGE AVERIDGE TE R DAVIS S T LIBRARY PL DARTMOUTH PL CHICAGO AVE KEDZIE ST MAIN ST FOREST AVEARTSCIRCLE DR ARNOLD PLSHERIDAN RDPRINCETON AVEMARCY AVEISABELLA ST LINCOLN ST THAYER ST HAWTHORNE LN LINCOLN ST COLFAX STLIVINGSTON DODGE AVEGROVE ST HARRISONBROADWAY AVECHANCELLOR ST FOSTER STJACKSON LIVINGSTON DOBSON ST HARVARD TER SOUTH BLVDRIDGE CTRIDGE AVESIMPSON STBRYANT AVEOAKTON ST EMERSON ST MONTICELLO PL HINMAN AVEKEENEY ST GREENLEAF ST MICHIGAN AVEBURNHAM PLPRINCETONWELLINGTON CTCRAWFORD LINCOLNWOOD DRBRUMMEL PLMcCORMICK BLVDMcDANIEL AVEMcDANIEL AVESIMPSON ST OAKTON ST MADISON PLLAUREL AVEPIONEER RDPAYNE STELM AVESEWARD STBROWN AVELEE ST GREY AVEGREY AVEDOBSON STDODGE AVESEWARD STDEWEY AVEWESLEY AVEWESLEY AVEELINOR PL DAVIS STWESLEY E A S T R A I L R O A D A V E LEON PL NOYES ST GRANTGIRARD AVESEWARD STELMWOOD AVEREBA PL NOYES CTGARRISON AVESHERIDAN RD CALLAN AVEGROVE S T CALLANJUDSON AVELAKESIDE CT HAMILTON ST HAYES CLIFFORD STBERNARD PLTHAYER PARK PL CENTRAL PARK AVEGRANT STEWING AVEMcDANIEL AVECENTRAL ST HARTREY AVEFOWLER AVELELAND AVELYONS ST BRUMMEL STDEWEY AVEKEENEY STDODGE AVEMAIN STDARROW AVEGRANT ST PR A I R I E A V E P O P L A R A V E G R E E N B A Y R D MULFORD ST ASHLAND AVEKIRK ST WILDER STEASTWOOD AVEASHLAND AVEASBURY AVEWESLEY AVEASBURY AVEHAMPTON PKYHULL TER AUSTIN STPRATT CTRIDGE AVEBENSON AVECENTRAL ST SHERIDAN PL R O S LY N P L HOWARD STCUSTER AVEMILBURN ST SHERIDAN RDFOREST PLCAMPUS DREDGEMERE CTNORTH SHORE CHANNELNORTH SHORE CHANNELL A K E M I C H I G A N1200 1800 29002300200019001600400100 200 800 900 1000 1700 2100 2700 2800 500 2100 2700 340030002200160015001000500300300 1100 1200 1300 1800 1900 2300 2900 900 28002500270025007006005002400 1400 1500 1900 2200 2300 2600 350026002400180017001500120011001000800600 2500 2600 300 400 600 800 700 2800 3600230020002200130012001100700200400 1600 200 1000 380033001700900900200500 2000 1300 1600 2500 2400 370026002400210019001400100300100700 1400 1500 2200 100 1100 1700 2000 3200310021001800130014008006004002013 ST RES_CIP3 12/10/2010 0 0.5 10.25 Mile ´ This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. 2013 STREET RESURFACING PROJECT, CIP IIIVARIOUS LOCATIONS, PROJECT NO: PW-RS-1309, BID NO.: 13-49 City of Evanston Department of Public Works CIP III STREET RESURFACING LOCATIONS 134 of 994 BID # 13-49, Contract for 2013 Street Resurfacing Project with Alamp Concrete Contractors, Inc., M/W/EBE Compliance Approval, 2013 Street Resurfacing Project CIP III Various Locations To: Suzette Robinson, Director of Public Works From: Joseph McRae, Deputy City Manager Cc: Martin Lyons, Assistant City Manager/CFO Subject: Recommendation for the 2013 Street Resurfacing Project CIP III Various Locations BID # 13-49 Date: June 1, 2013 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to BID 13-49, Contract to A. Lamp Concrete Contractors, Inc. for the 2013 Street Resurfacing Project CIP III for various locations, is found to be in initial compliance with the goal because they have met the City of Evanston M/W/EBE subcontracting goal. A. Lamp Concrete Contractors, Inc., Bid # 13-49, for a total base bid is $968,396.00, and will receive 25% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Alas Trucking, Inc. Trucking & Hauling $192,000.00 20% X Precision Pavement Marking, Inc. Pavement Markings $9,044.55 1% X Ozinga Ready Mix Ready Mix Supplier $42,000.00 4% X Total M/W/EBE $243,044.55 25% Memorandum 135 of 994 Program For City Council meeting of July 8, 2013 Item A3.6 Business of the City by Motion: Davis Street Improvement Project Contract Award 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 Homayoon Pirooz, P.E., Assistant Director for Infrastructure & Engineering Sat Nagar, P.E., Senior Project Manager Subject: Contract award for Davis Street Improvement Project (Bid 13-50) Date: June 28, 2013 Recommended Action: Staff recommends the City Council authorize the City Manager to execute a contract in response to Bid 13-50 to award the Davis Street Improvement Project Contract to Chicagoland Paving (225 Telser Road, Lake Zurich, IL 60047) in the amount of $2,299,905.65 Funding Source: Funding for this work will be from the Washington National TIF Fund in the amount of $879,853.87 (547616.65515 – 2013 Budget of $1,300,000), the Sewer Fund $250,000 (7420.65515 – 2013 Budget of $250,000) and Capital Improvements Fund $1,170,051.78 (415857.65515 – 2013 Budget of $1,197,000). Total 2013 Budget - $2,747,000) Summary: The existing sidewalks along Davis Street from Oak Avenue to Hinman Avenue have uneven brick pavers. The original pavers were installed on crushed limestone and sand. These pavers have heaved, sunk and cracked during the extreme weather conditions causing numerous trip hazards for pedestrians. The City has been replacing defective brick sidewalk with concrete at various locations downtown. This has been well-received by the public. Streetscape work will be coordinated with the upcoming replacement of Parking Meters and installation of Pay and Display devices based on a public discussion to be held in late July/August. New meters will not need new meter poles. Pay and Display devices can be installed after streetscape work is completed with no disruption to the new streetscape. Memorandum 136 of 994 The section on Davis Street from Ridge Avenue to Hinman Avenue has deteriorated and needs to be improved. Also the water main and sewer main are being replaced on Davis Street under a different contract. After the underground utilities are replaced the street needs to be resurfaced. As part of the street resurfacing project, the existing curb will be replaced as needed, the pavement base will be stabilized (as needed) and the street will be paved with a new asphalt surface, including any incidental construction. ADA accessible ramps will also be built at street intersections. As part of this project, a protected bike lane will be constructed on the north side of Davis Street. The street improvements are completed each year throughout the City with construction drawings prepared by the Public Works Engineering staff in accordance with Illinois Department of Transportation (IDOT) standards. The bid documents were prepared by the in-house Engineering staff and sent to several potential bidders. The project was bid in June and advertised in the Chicago Tribune. The project was also published in the State Contractors Bulletin and on Demand Star. The bids were opened on June 25, 2013. Bids were submitted by Chicagoland Paving Contractors Inc. (Lake Zurich), Landmark Contractors, Inc. (Huntley) and A. Lamp Concrete Contractors Inc. The bid results are correct and in order. A copy of the bid tabulation is enclosed for your review. Chicagoland Paving Contractors $2,299,905.65 Landmark Contractors $2,652,420.35 A. Lamp Concrete Contractors $3,157,621.70 The engineer’s estimate for this project was $2,735,778.25. The first low bid contractor, Chicagoland Paving is in compliance with the M/W/EBE goal of the City. They are satisfying their M/W/EBE goal by having RAI Concrete, Inc. (Certified WBE Firm) as the subcontractor. The total value of the estimated M/W/EBE subcontracted work is 25.28% of the total contract amount. The M/W/EBE schedule and supporting documentation has been reviewed and approved by the City Manager’s office, as indicated in the attached memo. Chicagoland Paving has worked with the City before on similar projects and completed work on time and within budget. Legislative History: Davis Street Improvement Project was approved by the City Council at the April 16, 2013 City Council meeting. Attachments: Bid Tab Location Map 137 of 994 M/W/EBE Memo 138 of 994 DATE: June 25, 2013 TIME: 2:00 P.M. ATTENDED BY: SN UNIT UNIT UNIT UNIT PRICE PRICE PRICE PRICE 1 Temporary Fence Foot 5,800 $1.00 $5,800.00 $1.85 $10,730.00 $3.10 $17,980.00 $1.00 $5,800.00 2 Tree Trunk Protection Each 74 $50.00 $3,700.00 $75.00 $5,550.00 $175.00 $12,950.00 $10.00 $740.00 3 Earth Saw Cuts of Tree Roots (Root Prunning)Foot 300 $3.00 $900.00 $5.00 $1,500.00 $3.00 $900.00 $4.00 $1,200.00 4 Temporary Sidewalk Ramp Each 80 $800.00 $64,000.00 $75.00 $6,000.00 $275.00 $22,000.00 $200.00 $16,000.00 5 Earth Excavation Cu. Yd. 1,500 $30.00 $45,000.00 $32.50 $48,750.00 $36.00 $54,000.00 $45.00 $67,500.00 6 Sub-Base Granular Material, Type B (Temporary Use)Cu. Yd. 1,500 $30.00 $45,000.00 $25.00 $37,500.00 $11.50 $17,250.00 $1.00 $1,500.00 7 Granular Backfill Ton 2 $30.00 $60.00 $50.00 $100.00 $25.00 $50.00 $50.00 $100.00 8 Trench Backfill Cu. Yd. 8 $40.00 $320.00 $42.00 $336.00 $40.00 $320.00 $50.00 $400.00 9 Thermoplastic Pavement Marking Line-Letters and Symbols Sq.Ft. 98 $6.00 $588.00 $4.05 $396.90 $3.90 $382.20 $4.50 $441.00 10 Thermoplastic Pavement Marking Line-4”Foot 5,779 $1.00 $5,779.00 $0.70 $4,045.30 $0.76 $4,392.04 $1.10 $6,356.90 11 Thermoplastic Pavement Marking Line-4” - BIKE PATH Foot 3,000 $1.00 $3,000.00 $0.70 $2,100.00 $0.76 $2,280.00 $1.10 $3,300.00 12 Thermoplastic Pavement Marking Line-6”Foot 4,137 $1.25 $5,171.25 $1.00 $4,137.00 $1.10 $4,550.70 $2.20 $9,101.40 13 Thermoplastic Pavement Marking Line-6” - BIKE PATH Foot 3,465 $1.25 $4,331.25 $1.00 $3,465.00 $1.10 $3,811.50 $2.20 $7,623.00 14 Thermoplastic Pavement Marking Line-8”Foot 80 $1.50 $120.00 $1.25 $100.00 $1.28 $102.40 $3.00 $240.00 15 Thermoplastic Pavement Marking Line-12”Foot 254 $2.00 $508.00 $2.10 $533.40 $2.10 $533.40 $4.40 $1,117.60 16 Thermoplastic Pavement Marking Line-12” - BIKE PATH Foot 652 $2.00 $1,304.00 $2.10 $1,369.20 $2.10 $1,369.20 $4.40 $2,868.80 17 Thermoplastic Pavement Marking Line-24"Foot 560 $3.00 $1,680.00 $3.65 $2,044.00 $3.90 $2,184.00 $8.50 $4,760.00 18 Preformed International Symbol of Accessibility Each 9 $600.00 $5,400.00 $365.00 $3,285.00 $275.00 $2,475.00 $330.00 $2,970.00 19 Preformed Bike Lane Symbols with Green Background (Bike and Arrow Combined)Each 12 $600.00 $7,200.00 $1,570.00 $18,840.00 $1,200.00 $14,400.00 $1,100.00 $13,200.00 20 Preformed Bike Lane Symbols with Green Background (Bike and Chevron Combined)Each 19 $600.00 $11,400.00 $710.00 $13,490.00 $615.00 $11,685.00 $1,320.00 $25,080.00 21 Preformed Bike Lane Letters and Symbols with Green Background (Bus Stop and Chevron Combined)Each 9 $350.00 $3,150.00 $1,770.00 $15,930.00 $1,540.00 $13,860.00 $1,650.00 $14,850.00 22 Bike Path Pavement Surface Treatment, 4 Coats Sq. Yd. 1,717 $40.00 $68,680.00 $28.00 $48,076.00 $25.00 $42,925.00 $29.50 $50,651.50 23 Warning Signs - Motorists, Installed, Complete Each 7 $200.00 $1,400.00 $325.00 $2,275.00 $125.00 $875.00 $350.00 $2,450.00 24 Warning Signs - Motorists, Installed by Mast Arm, Complete Each 12 $200.00 $2,400.00 $375.00 $4,500.00 $150.00 $1,800.00 $450.00 $5,400.00 25 Warning Signs - Cyclists, Installed, Complete Each 7 $200.00 $1,400.00 $300.00 $2,100.00 $150.00 $1,050.00 $350.00 $2,450.00 26 Bike Path Delineators Each 75 $200.00 $15,000.00 $100.00 $7,500.00 $120.00 $9,000.00 $150.00 $11,250.00 27 Furnishing and Placing Topsoil, 3”Sq.Yd. 500 $5.00 $2,500.00 $2.00 $1,000.00 $4.50 $2,250.00 $5.00 $2,500.00 28 Sodding, Salt Tolerant Sq.Yd. 500 $15.00 $7,500.00 $12.00 $6,000.00 $5.50 $2,750.00 $8.00 $4,000.00 29 Landscape Planting (By Others)Lump Sum 1 $60,000.00 $60,000.00 $60,000.00 $60,000.00 $60,000.00 $60,000.00 $60,000.00 $60,000.00 30 Aggregate Base Course, Type B, 4”Sq.Yd. 825 $4.00 $3,300.00 $4.25 $3,506.25 $14.00 $11,550.00 $6.00 $4,950.00 31 HES PCC Base Course , 9”Sq.Yd. 456 $75.00 $34,200.00 $89.00 $40,584.00 $42.00 $19,152.00 $45.00 $20,520.00 32 Class B Patches, Special, 9” (HES)Sq.Yd. 400 $75.00 $30,000.00 $99.00 $39,600.00 $125.00 $50,000.00 $85.00 $34,000.00 33 Bituminous Material (Prime Coat)Gal. 1,951 $2.00 $3,902.00 $2.50 $4,877.50 $0.01 $19.51 $1.00 $1,951.00 34 Aggregate (Prime Coat)Ton 40 $25.00 $1,000.00 $0.01 $0.40 $26.00 $1,040.00 $1.00 $40.00 35 Mixture for Cracks, Joints and Flangeways Ton 2 $250.00 $500.00 $500.00 $1,000.00 $900.00 $1,800.00 $200.00 $400.00 36 Leveling Binder, (Machine Method) N70 (IL 9.5mm)Ton 1,122 $80.00 $89,760.00 $85.00 $95,370.00 $81.00 $90,882.00 $85.00 $95,370.00 37 Hot-Mix Asphalt Surface Course, Mix"D", N50 (IL 9.5mm)Ton 1,688 $90.00 $151,920.00 $81.00 $136,728.00 $91.00 $153,608.00 $90.00 $151,920.00 38 Incidental Hot-mix Asphalt Surfacing Ton 40 $200.00 $8,000.00 $99.00 $3,960.00 $150.00 $6,000.00 $250.00 $10,000.00 39 PCC Driveway Pavement, 8”Sq.Yd. 84 $75.00 $6,300.00 $95.00 $7,980.00 $55.00 $4,620.00 $75.00 $6,300.00 40 PCC Sidewalk, 5”Sq.Ft. 49,381 $5.50 $271,595.50 $5.25 $259,250.25 $5.80 $286,409.80 $6.00 $296,286.00 41 Porous Aggregate Sub-Base, 12"Cu. Yd. 778 $40.00 $31,120.00 $34.00 $26,452.00 $70.00 $54,460.00 $50.00 $38,900.00 42 Porous and High Albedo Portland Cement Concrete Parking Lane, 8"Sq. Ft. 20,389 $9.00 $183,501.00 $9.50 $193,695.50 $8.00 $163,112.00 $14.00 $285,446.00 43 Brick Paver Sidewalk, Rigid Base Sq.Ft. 12,360 $12.00 $148,320.00 $11.00 $135,960.00 $11.50 $142,140.00 $18.00 $222,480.00 44 Hot-Mix Asphalt Surface Removal (Variable Depth)Sq.Yd. 19,509 $3.00 $58,527.00 $1.80 $35,116.20 $3.25 $63,404.25 $3.00 $58,527.00 45 Pavement Removal Sq.Yd. 456 $20.00 $9,120.00 $10.00 $4,560.00 $65.00 $29,640.00 $12.00 $5,472.00 46 Driveway Pavement Removal Sq.Yd. 84 $5.00 $420.00 $15.00 $1,260.00 $30.10 $2,528.40 $15.00 $1,260.00 47 Curb and Gutter Removal Foot 4,720 $5.00 $23,600.00 $3.50 $16,520.00 $12.40 $58,528.00 $3.50 $16,520.00 48 Sidewalk Removal Sq.Ft. 58,119 $1.50 $87,178.50 $0.75 $43,589.25 $0.55 $31,965.45 $1.50 $87,178.50 49 Pavement Removal and Replacement Special, Full Depth (HES)Sq.Yd. 171 $100.00 $17,100.00 $95.00 $16,245.00 $80.00 $13,680.00 $85.00 $14,535.00 50 Fiberglass Fabric Repair System Sq.Yd. 720 $40.00 $28,800.00 $47.00 $33,840.00 $105.30 $75,816.00 $30.00 $21,600.00 51 Tree Pit Electrical Installation for Holiday Lighting, Complete Each 81 $400.00 $32,400.00 $480.00 $38,880.00 $550.00 $44,550.00 $660.00 $53,460.00 52 Electrical Conduit, 2", Under Sidewalk, 15' Length Each 81 $150.00 $12,150.00 $230.00 $18,630.00 $140.00 $11,340.00 $660.00 $53,460.00 53 Electrical Condiut, 2", Under Sidewalk, Directional Boring, 2.50' from face of curb Foot 5,000 $30.00 $150,000.00 $13.80 $69,000.00 $11.00 $55,000.00 $15.00 $75,000.00 54 Storm Sewers, 10", Special (DIP, Cl. 52)Foot 8 $150.00 $1,200.00 $95.50 $764.00 $210.00 $1,680.00 $85.00 $680.00 55 Inlet, Type A, Type 1 Frame, Open Lid (36" Depth)Each 2 $1,200.00 $2,400.00 $1,910.00 $3,820.00 $2,000.00 $4,000.00 $1,500.00 $3,000.00 56 Inlet to be Adjusted Each 4 $300.00 $1,200.00 $375.00 $1,500.00 $295.00 $1,180.00 $350.00 $1,400.00 57 Catch Basins To Be Adjusted Each 19 $300.00 $5,700.00 $375.00 $7,125.00 $295.00 $5,605.00 $350.00 $6,650.00 58 Manholes To Be Adjusted Each 11 $300.00 $3,300.00 $515.00 $5,665.00 $565.00 $6,215.00 $350.00 $3,850.00 59 Manholes To Be Reconstructed Each 9 $1,500.00 $13,500.00 $1,700.00 $15,300.00 $2,285.00 $20,565.00 $1,250.00 $11,250.00 60 Manholes To Be Lined Each 8 $2,000.00 $16,000.00 $3,900.00 $31,200.00 $3,200.00 $25,600.00 $2,500.00 $20,000.00 61 Valve Vaults To Be Adjusted Each 6 $300.00 $1,800.00 $515.00 $3,090.00 $625.00 $3,750.00 $350.00 $2,100.00 62 Valve Vaults To Be Reconstructed Each 11 $1,500.00 $16,500.00 $1,700.00 $18,700.00 $2,280.00 $25,080.00 $850.00 $9,350.00 63 Valve Boxes To Be Adjusted Each 28 $350.00 $9,800.00 $320.00 $8,960.00 $245.00 $6,860.00 $150.00 $4,200.00 64 Reinforced Concrete and Limestone Wall and Foundation Removal, 2'-6" Height, Complete Foot 50 $75.00 $3,750.00 $35.00 $1,750.00 $40.00 $2,000.00 $1,150.00 $57,500.00 65 Reinforced Concrete and Limestone Wall and Foundation Removal, 3'-0" Height, Complete Foot 60 $100.00 $6,000.00 $49.00 $2,940.00 $56.00 $3,360.00 $1,350.00 $81,000.00 66 Brick Wall,,Poured in Place Concrete Foundation, Precast Concrete Capstone, Installed, Complete Foot 120 $350.00 $42,000.00 $750.00 $90,000.00 $390.00 $46,800.00 $1,450.00 $174,000.00 67 Frames and Lids, Type-1, Closed Lid Each 20 $350.00 $7,000.00 $400.00 $8,000.00 $360.00 $7,200.00 $400.00 $8,000.00 68 Comb. Conc. C&G Type B6.12 (AEP-Modified)Foot 4,740 $22.00 $104,280.00 $16.75 $79,395.00 $25.00 $118,500.00 $18.00 $85,320.00 69 Detectable Warnings Sq.Ft. 730 $35.00 $25,550.00 $31.50 $22,995.00 $14.80 $10,804.00 $30.00 $21,900.00 70 Unit Paver Removal and Disposal Sq.Ft. 29,060 $1.50 $43,589.25 $1.00 $29,060.00 $1.90 $55,214.00 $0.20 $5,812.00 71 Brick Paver Removal and SalvageSq.Ft. 29,060 $3.00 $87,178.50 $1.95 $56,667.00 $1.60 $46,496.00 $0.40 $11,624.00 72 Bushes and Shrubs Removal, Complete Each 40 $30.00 $1,200.00 $25.00 $1,000.00 $100.00 $4,000.00 $50.00 $2,000.00 73 Tree Removal and Relocation, Complete Each 7 $1,500.00 $10,500.00 $750.00 $5,250.00 $400.00 $2,800.00 $500.00 $3,500.00 74 New Tree Frame and Tree Grate, Poly-Grate II, 5'x5' Square, Installed, Complete Each 76 $1,500.00 $114,000.00 $590.00 $44,840.00 $1,100.00 $83,600.00 $1,250.00 $95,000.00 75 Tree Frame and Tree Grate Removal, Complete Each 72 $400.00 $28,800.00 $50.00 $3,600.00 $315.00 $22,680.00 $200.00 $14,400.00 76 Domestic Water Service Boxes to be Adjusted Each 20 $250.00 $5,000.00 $190.00 $3,800.00 $131.17 $2,623.40 $150.00 $3,000.00 77 Parking Meter Post Removal and Replacement Each 60 $350.00 $21,000.00 $79.00 $4,740.00 $171.56 $10,293.60 $300.00 $18,000.00 78 Parking Meter Post Removal Each 5 $175.00 $875.00 $50.00 $250.00 $55.00 $275.00 $250.00 $1,250.00 79 Remove and Reset Existing Street Signs Each 80 $250.00 $20,000.00 $325.00 $26,000.00 $125.00 $10,000.00 $150.00 $12,000.00 80 Remove and Reset Existing Traffic Signal, Complete Each 3 $5,000.00 $15,000.00 $1,800.00 $5,400.00 $2,950.00 $8,850.00 $5,000.00 $15,000.00 81 Remove and Reset Existing Streetlight, Complete Each 8 $5,000.00 $40,000.00 $900.00 $7,200.00 $1,550.00 $12,400.00 $4,300.00 $34,400.00 82 Streetlight Foundation Removal, Complete Each 11 $2,000.00 $22,000.00 $480.00 $5,280.00 $251.00 $2,761.00 $500.00 $5,500.00 83 Concrete Foundation, 6' Deep Each 11 $1,500.00 $16,500.00 $1,020.00 $11,220.00 $1,200.00 $13,200.00 $1,500.00 $16,500.00 84 Changeable Message Sign Cal Mo 12 $1,200.00 $14,400.00 $1,350.00 $16,200.00 $1,200.00 $14,400.00 $1,100.00 $13,200.00 85 Street Sweeping Each 40 $750.00 $30,000.00 $390.00 $15,600.00 $100.00 $4,000.00 $1.00 $40.00 86 Supplemental Watering Unit 20 $50.00 $1,000.00 $75.00 $1,500.00 $1.00 $20.00 $1.00 $20.00 87 Pavement Marking Tape, Type 1 Foot 8,750 $1.00 $8,750.00 $1.25 $10,937.50 $0.45 $3,937.50 $0.20 $1,750.00 88 Special/Non-Special Waste Disposal Cu.Yd. 1,500 $30.00 $45,000.00 $65.00 $97,500.00 $11.00 $16,500.00 $5.00 $7,500.00 89 Soil Disposal Analysis Lump Sum 1 $15,000.00 $15,000.00 $2,900.00 $2,900.00 $600.00 $600.00 $3,500.00 $3,500.00 90 Construction Layout Lump Sum 1 $20,000.00 $20,000.00 $19,000.00 $19,000.00 $7,200.00 $7,200.00 $100,000.00 $100,000.00 91 Pedestrian Traffic Control and Protection Lump Sum 1 $40,000.00 $40,000.00 $17,500.00 $17,500.00 $78,000.00 $78,000.00 $100,000.00 $100,000.00 92 Traffic Control, Protection and Construction Staging Lump Sum 1 $120,000.00 $120,000.00 $75,000.00 $75,000.00 $284,000.00 $284,000.00 $324,000.00 $324,000.00 $2,735,778.25 $2,299,905.65 $2,652,420.35 $3,157,621.70 $2,299,905.65 $2,652,420.35 $3,157,621.70TOTAL BID AS READ AS CORRECTED QUANTITY TOTAL TOTAL TOTAL TOTALITEM NUMBER ITEM UNIT TOTAL Lake Zurich, IL 60047 Huntley, IL 60142 Schaumburg, IL 60193 225 Telser Road,11916 W. Main Street, 800 W. Irving Park Road, CITY OF EVANSTON TABULATION OF BIDS FOR DAVIS STREET IMPROVEMENT PROJECT (RIDGE AVENUE TO HINMAN AVENUE) APPROVED ENGINEER'S ESTIMATE NAME AND ADDRESS OF BIDDERS Chicagoland Paving Contractors Landmark Contractors, Inc.A.Lamp Concrete Contractors,Inc PROJECT NO.: PW-RS/STSC-1303, BID NO.:13-50 139 of 994 HARRISON STMEADOW-LARK LNGLENVIEW RD THAYER ST ARBORLN KNOX CIRHIGHLAND AVELAWNDALE AVEPARK PL EWING AVECOLFAX ST BENNETT AVEBRADLEY PLFOSTER STSTE W A R T A V E HARRISON STWALNUT AVEGREY AVEDODGE AVEDARROW AVEDEWEY AVEASHLAND AVEEMERSON ST LYONS ST MADISON STOAK AVEOAKCLARK STASBURY AVECASE ST FOSTER ST CLINTON PL LINDEN PL UNIVERSITY PL CLARK S T CLYDE AVEHINMAN AVE INGLESIDE PK GREELEYHILLSIDE LN NOYES CULVER ISABELLA ST PAYNE ST CALVIN CIR LAWNDALE AVETHAYER ST PARK PL PITNER AVELAKE STLEMAR AVEDEMPSTER STHARTREY AVEPR A I R I E A V E BROWNLIVINGSTON ST THELIN CTASHLAND AVEJACKSON AVEWESLEY AVECRAINASBURY AVESHERMAN AVECHICAGO AVE GARRETT PL MILBURN PK DEMPSTER STGROSS POINT RDPAYNE DARTMOUTH PL PROSPECT AVECOWPER AVECENTRAL ST LINCOLNWOOD DRELGI N R D WOODLAND RD PITNER AVENATHANIEL PL CHURCH ST NOYES ST RICHMOND AVEWARREN STGREY AVEGREYHOVLAND CTBROWN AVEG R E E N B A Y R D DARROW AVESOUTH BLVDDARROW AVELYONS STWOODBINE AVEJENKS ST WASHINGTON STASHLAND AVECROFT LNWESLEY AVEROSALIE ST BARTON AVELEE STRIDGE AVEOAK AVEMAPLE AVELINC OLN ST CASE PL LAKE ST CHURCH S TORRINGTON AVEINGLESIDE PL FOREST AVETECH DR SHERIDAN RD HILLSIDE RD SIMPSON STHASTINGS AVEOTTO LN RIDGEWAY AVEMARCY AVEFORESTVIEW RDREESE AVEBENNETT AVEHOWARD STHARTREY AVECLEVELAND STFOWLER AVECRAIN STPITNER AVEBROWN AVEWASHINGTON STHARTREY AVEBROWN AVEGREY AVEFLORENCE AVEASBURY AVEMONROE STST. MARK'S CTRIDGE AVEELMWOOD AVESHERMAN AVESHERMAN AVEHAMLIN ST GAFFIELD PL SHERMAN PL GREENWOOD STHINMAN AVESHERMAN AVEHAVEN ST EUCLIDPARK PL JUDSON AVE SOUTH BLVD LEE STJUDSON AVEMICHIGAN AVESHERIDAN SQLAKE SHORE BLVDSH E R IDAN RD THAYERST T H A Y E R C T CRAWFORD AVECOLFAX PL TRINITY CT HARTZELL ST NORMANDY PL HURD AVEMcDANIEL AVEWADE CTMARTHA LNHARTZELL ST PITNER ALYGREENWOOD STMcCORMICK BLVDGREY AVEKEENEY ST GREENLEAF ST BRI D G E ST PAYNE ST ISABELLA ST FLORENCE AVECLEVELAND STDEWEY AVECOLFAX TER CENTRAL ST CHANCELLOR WASHINGTON STRIDGE AVEGARNETT PL LEONARD PL BRUMMEL ST MULFORD STMAPLE AVEELG I N R D COLFAX STRIDGE AVERIDGE TER DAVIS S T LIBRARY PL DARTMOUTH PL CHICAGO AVE KEDZIE ST MAIN ST FOREST AVEARTSCIRCLE DR ARNOLD PLSHERIDAN RDPRINCETON AVEMARCY AVEISABELLA ST LINCOLN ST THAYER ST HAWTHORNE LN LINCOLN ST COLFAX STLIVINGSTON DODGE AVEGROVE ST HARRISONBROADWAY AVECHANCELLOR ST FOSTER STJACKSON LIVINGSTON DOBSON ST HARVARD TER SOUTH BLVDRIDGE CTRIDGE AVESIMPSON STBRYANT AVEOAKTON ST EMERSON ST MONTICELLO PL HINMAN AVEKEENEY ST GREENLEAF ST MICHIGAN AVEBURNHAM PLPRINCETONWELLINGTON CTCRAWFORD LINCOLNWOOD DRBRUMMEL PLMcCORMICK BLVDMcDANIEL AVEMcDANIEL AVESIMPSON ST OAKTON ST MADISON PLLAUREL AVEPIONEER RDPAYNE STELM AVESEWARD STBROWN AVELEE ST GREY AVEGREY AVEDOBSON STDODGE AVESEWARD STDEWEY AVEWESLEY AVEWESLEY AVEELINOR PL DAVIS STWESLEY E A S T R A I L R O A D A V E LEON PL NOYES ST GRANTGIRARD AVESEWARD STELMWOOD AVEREBA PL NOYES CTGARRISON AVESHERIDAN RD CALLAN AVEGROVE S T CALLANJUDSON AVELAKESIDE CT HAMILTON ST HAYES CLIFFORD STBERNARD PLTHAYER PARK PL CENTRAL PARK AVEGRANT STEWING AVEMcDANIEL AVECENTRAL ST HARTREY AVEFOWLER AVELELAND AVELYONS ST BRUMMEL STDEWEY AVEKEENEY STDODGE AVEMAIN STDARROW AVEGRANT ST PR A I R I E A V E P O P L A R A V E G R E E N B A Y R D MULFORD ST ASHLAND AVEKIRK ST WILDER STEASTWOOD AVEASHLAND AVEASBURY AVEWESLEY AVEASBURY AVEHAMPTON PKYHULL TER AUSTIN STPRATT CTRIDGE AVEBENSON AVECENTRAL ST SHERIDAN PL R O SL Y N PL HOWARD STCUSTER AVEMILBURN ST SHERIDAN RDFOREST PLCAMPUS DREDGEMERE CTNORTH SHORE CHANNELNORTH SHORE CHANNELL A K E M I C H I G A N1200 1800 29002300200019001600400100 200 800 900 1000 1700 2100 2700 2800 500 2100 2700 340030002200160015001000500300300 1100 1200 1300 1800 1900 2300 2900 900 28002500270025007006005002400 1400 1500 1900 2200 2300 2600 350026002400180017001500120011001000800600 2500 2600 300 400 600 800 700 2800 3600230020002200130012001100700200400 1600 200 1000 380033001700900900200500 2000 1300 1600 2500 2400 370026002400210019001400100300100700 1400 1500 2200 100 1100 1700 2000 320031002100180013001400800600400davis streetscape, rs and bike lane 12/10/2010 0 0.5 10.25 Mile ´ This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. Davis Street Streetscape, Street Resurfacing and Protected Bike Lane Project DAVIS STREET IMPROVEMENT PROJECT (RIDGE AV-HINMAN AV) PROJECT NO.: PW-RS/STSC-1303, BID NO.: 13-50 City of Evanston Department of Public Works 140 of 994 BID # 13-50, Contract for 2013 Davis Street Improvement Project Ridge Avenue to Hinman Avenue with Chicagoland Paving, Inc., M/W/EBE Compliance Approval, 2013 To: Suzette Robinson, Director of Public Works From: Joseph McRae, Deputy City Manager Cc: Martin Lyons, Assistant City Manager/CFO Subject: Recommendation for the 2013 Davis Street Improvement Project Ridge Avenue to Hinman Avenue, BID # 13-50 Date: June 1, 2013 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to BID 13-50, Contract to Chicagoland Paving, Inc. for the 2013 Davis Street Improvement Project Ridge Avenue to Hinman Avenue, is found to be in initial compliance with the goal because they have met the City of Evanston M/W/EBE subcontracting goal. Chicagoland Paving, Inc., Bid # 13-50, for a total base bid is $2,299,905.65, and will receive 29.5% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Rai Concrete, Inc. Concrete $675,312.65 29.3% X Utility Dynamics Corp Electrical Supply $3,250.00 .13% X Total M/W/EBE $678,562.65 29.5% Memorandum 141 of 994 For City Council meeting of July 8, 2013 Item A4 Business of the City by Motion: Bridge Street Bridge Reconstruction Project For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Homayoon Pirooz, P.E., Assistant Director for Infrastructure & Engineering Sat Nagar, P.E., Senior Project Manager Subject: Bridge Street Bridge Project – RFQ 10-25 Construction Funding Increase Date: June 28, 2013 Recommended Action: Staff recommends that City Council authorize the City Manager to increase the local share of the construction cost by $86,000 (20%) for the Bridge Street Bridge reconstruction project. Illinois Department of Transportation (IDOT) will pay additional $342,000 of the construction cost. Funding Source: The low bid construction cost for the Bridge Street Bridge reconstruction is $2,367,142.75. The construction funding for this work will be from Highway Bridge Program Funds through IDOT in the amount of $1,893,714.42 (80%) and $473,428.55 (20%) in local funding from the Bridge Street Bridge Project capital improvement account (415885.65515). The additional construction cost for the bridge project is funded from the remaining funds in the Street Resurfacing Program in the Capital Improvements Fund Account 415857.65515 (Total allocated expenses $1,900,873.43 and total budget of $2.7 million leaving $799,126.43 available). Summary The City of Council approved the construction funding for the Bridge Street Bridge project on April 22 Council meeting for a local share of $387,940. The Illinois Department of transportation (IDOT) opened the bids for Bridge Street Bridge Project on June 14, 2013. The apparent low bid was submitted by Illinois Constructors Corporation and is 22% above the engineers estimate. The Engineers estimate is $1,939,700 and the low bid cost is $2,367,142.75. Since the bids came in higher, the City and IDOT share of the construction cost has to be increased. We will submit a formal letter to IDOT agreeing for the construction cost increase after the Council Memorandum 142 of 994 approval. IDOT will award the contract and the construction is expected to start in late July this year. IDOT will send a revised construction funding agreement for City Council approval within next few weeks. Legislative History: The City Council approved award of the Phase I Engineering contract to Alfred Benesch & Company at the July 26, 2010 Council meeting and Phase II Engineering contract at the April 22, 2012 Council meeting. The City Council approved Construction Funding and Construction Engineering resolution at the April 22, 2013 meeting. Attachment: Location Map 143 of 994 HARRISON STMEADOW-LARK LNGLENVIEW RD THAYER ST ARBORLN KNOX CIRHIGHLAND AVELAWNDALE AVEPARK PL EWING AVECOLFAX ST BENNETT AVEBRADLEY PLFOSTER STST E W A R T A V E HARRISON STWALNUT AVEGREY AVEDODGE AVEDARROW AVEDEWEY AVEASHLAND AVEEMERSON ST LYONS ST MADISON STOAK AVEOAKCLARK STASBURY AVECASE ST FOSTER ST CLINTON PL LINDEN PL UNIVERSITY PL CLARK S T CLYDE AVEHINMAN AVE INGLESIDE PK GREELEYHILLSIDE LN NOYES CULVER ISABELLA ST PAYNE ST CALVIN CIR LAWNDALE AVETHAYER ST PARK PL PITNER AVELAKE STLEMAR AVEDEMPSTER STHARTREY AVEPR A I R I E A V E BROWNLIVINGSTON ST THELIN CTASHLAND AVEJACKSON AVEWESLEY AVECRAINASBURY AVESHERMAN AVECHICAGO AVE GARRETT PL MILBURN PK DEMPSTER STGROSS POINT RDPAYNE DARTMOUTH PL PROSPECT AVECOWPER AVECENTRAL ST LINCOLNWOOD DRELGI N R D WOODLAND RD PITNER AVENATHANIEL PL CHURCH ST NOYES ST RICHMOND AVEWARREN STGREY AVEGREYHOVLAND CTBROWN AVEG R E E N B A Y R D DARROW AVESOUTH BLVDDARROW AVELYONS STWOODBINE AVEJENKS ST WASHINGTON STASHLAND AVECROFT LNWESLEY AVEROSALIE ST BARTON AVELEE STRIDGE AVEOAK AVEMAPLE AVELINC OLN ST CASE PL LAKE ST CHURCH S TORRINGTON AVEINGLESIDE PL FOREST AVETECH DR SHERIDAN RD HILLSIDE RD SIMPSON STHASTINGS AVEOTTO LN RIDGEWAY AVEMARCY AVEFORESTVIEW RDREESE AVEBENNETT AVEHOWARD STHARTREY AVECLEVELAND STFOWLER AVECRAIN STPITNER AVEBROWN AVEWASHINGTON STHARTREY AVEBROWN AVEGREY AVEFLORENCE AVEASBURY AVEMONROE STST. MARK'S CTRIDGE AVEELMWOOD AVESHERMAN AVESHERMAN AVEHAMLIN ST GAFFIELD PL SHERMAN PL GREENWOOD STHINMAN AVESHERMAN AVEHAVEN ST EUCLIDPARK PL JUDSON AVE SOUTH BLVD LEE STJUDSON AVEMICHIGAN AVESHERIDAN SQLAKE SHORE BLVDSH E R IDAN RD THAYERST T H A Y E R C T CRAWFORD AVECOLFAX PL TRINITY CT HARTZELL ST NORMANDY PL HURD AVEMcDANIEL AVEWADE CTMARTHA LNHARTZELL ST PITNER ALYGREENWOOD STMcCORMICK BLVDGREY AVEKEENEY ST GREENLEAF ST BRI D G E ST PAYNE ST ISABELLA ST FLORENCE AVECLEVELAND STDEWEY AVECOLFAX TER CENTRAL ST CHANCELLOR WASHINGTON STRIDGE AVEGARNETT PL LEONARD PL BRUMMEL ST MULFORD STMAPLE AVEELG I N R D COLFAX STRIDGE AVERIDGE TER DAVIS S T LIBRARY PL DARTMOUTH PL CHICAGO AVE KEDZIE ST MAIN ST FOREST AVEARTSCIRCLE DR ARNOLD PLSHERIDAN RDPRINCETON AVEMARCY AVEISABELLA ST LINCOLN ST THAYER ST HAWTHORNE LN LINCOLN ST COLFAX STLIVINGSTON DODGE AVEGROVE ST HARRISONBROADWAY AVECHANCELLOR ST FOSTER STJACKSON LIVINGSTON DOBSON ST HARVARD TER SOUTH BLVDRIDGE CTRIDGE AVESIMPSON STBRYANT AVEOAKTON ST EMERSON ST MONTICELLO PL HINMAN AVEKEENEY ST GREENLEAF ST MICHIGAN AVEBURNHAM PLPRINCETONWELLINGTON CTCRAW FORD LINCOLNWOOD DRBRUMMEL PLMcCORMICK BLVDMcDANIEL AVEMcDANIEL AVESIMPSON ST OAKTON ST MADISON PLLAUREL AVEPIONEER RDPAYNE STELM AVESEWARD STBROWN AVELEE ST GREY AVEGREY AVEDOBSON STDODGE AVESEWARD STDEWEY AVEWESLEY AVEWESLEY AVEELINOR PL DAVIS STWESLEY E A S T R A I L R O A D A V E LEON PL NOYES ST GRANTGIRARD AVESEWARD STELMWOOD AVEREBA PL NOYES CTGARRISON AVESHERIDAN RD CALLAN AVEGROVE S T CALLANJUDSON AVELAKESIDE CT HAMILTON ST HAYES CLIFFORD STBERNARD PLTHAYER PARK PL CENTRAL PARK AVEGRANT STEWING AVEMcDANIEL AVECENTRAL ST HARTREY AVEFOWLER AVELELAND AVELYONS ST BRUMMEL STDEWEY AVEKEENEY STDODGE AVEMAIN STDARROW AVEGRANT ST P R A I R I E A V E P O P L A R A V E G R E E N B A Y R D MULFORD ST ASHLAND AVEKIRK ST WILDER STEASTWOOD AVEASHLAND AVEASBURY AVEWESLEY AVEASBURY AVEHAMPTON PKYHULL TER AUSTIN STPRATT CTRIDGE AVEBENSON AVECENTRAL ST SHERIDAN PL R O S L Y N P L HOWARD STCUSTER AVEMILBURN ST SHERIDAN RDFOREST PLCAMPUS DREDGEMERE CTNORTH SHORE CHANNELNORTH SHORE CHANNELL A K E M I C H I G A N1200 1800 29002300200019001600400100 200 800 900 1000 1700 2100 2700 2800 500 2100 2700 340030002200160015001000500300300 1100 1200 1300 1800 1900 2300 2900 900 28002500270025007006005002400 1400 1500 1900 2200 2300 2600 350026002400180017001500120011001000800600 2500 2600 300 400 600 800 700 2800 3600230020002200130012001100700200400 1600 200 1000 380033001700900900200500 2000 1300 1600 2500 2400 370026002400210019001400100300100700 1400 1500 2200 100 1100 1700 2000 320031002100180013001400800600400bridge street loc map.mxd 04/11/2013 0 0.5 10.25 Mile Railroad Street City Boundary ´ This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. Bridge Reconstruction Project Bridge Street Bridge Reconstruction Project(Brown Ave - McCormick Blvd) City of Evanston Department of Public Works 144 of 994 For City Council meeting of July 8, 2013 Item A5 Business of the City by Motion: FY2012 Audited Annual Financial Report Accept and Place on File To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Treasurer Hitesh Desai, Accounting Manager Subject: FY2012 Audited Annual Financial Report Date: July 1, 2013 Recommended Action: Staff recommends that the FY2012 Audited Annual Financial Report be accepted and placed on file. Funding Source: Not Applicable Summary: Each year the City completes an independent audit of our financial performance for the prior year. Under separate cover you have received the following documents: FY2012 Audited Annual Financial Report- This report provides a complete listing of all financial activities of the City of Evanston for the 2012 fiscal year. This report presents the governmental fund balance in revised categories required under GASB (Governmental Accounting Standards Board) Statement 54. This report can be accessed at: http://www.cityofevanston.org/transparency/budget-financial-reports/ The Communications from Auditor to Management and the City Council- This communication includes all comments from our independent Auditor, Baker Tilly Virchow Krause, LLP. The Communication also covers upcoming changes mandated by GASB statements. Once again the City is receiving an unqualified opinion, meaning our Financial Report fairly states the city’s financial position in the opinion of the Auditor. Memorandum 145 of 994 The Communication from Auditors includes many suggestions for improvement in accounting and finance operations based on these requirements and include staff responses to these comments and findings. No new comments have been provided to the City for the Fiscal Year 2012 report. All comments are repeat notations for which the City has responded in previous reports. Attachments: Communication to Those Charged With Governance and Management 146 of 994 147 of 994 148 of 994 149 of 994 150 of 994 151 of 994 152 of 994 153 of 994 154 of 994 155 of 994 156 of 994 157 of 994 158 of 994 159 of 994 160 of 994 161 of 994 162 of 994 163 of 994 164 of 994 165 of 994 166 of 994 167 of 994 168 of 994 169 of 994 170 of 994 171 of 994 172 of 994 173 of 994 174 of 994 For City Council meeting of July 8, 2013 Item A6 Resolution 41-R-13: Easement Agreement with Northwestern University For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Public Works Director Homayoon Pirooz, P.E., Assistant Director for Infrastructure & Engineering Sat Nagar, P.E., Senior Project Manager Subject: Resolution 41-R-13; Northwestern University Utility Easement on Emerson Street Date: June 28, 2013 Recommended Action: Staff recommends that the City Council adopt Resolution 41-R-13 authorizing the City Manager to execute a chilled water service utility easement to Northwestern University in order to cross Emerson Street. The easement will be granted for a 50-year period. Funding Source: No City funding is required for this utility crossing. Northwestern University will fund the project and will be assessed a utility easement fee of $11,000 which equals $220 annually. Summary: Northwestern University needs to install chilled water loop expansion utility crossing under Emerson Street between Orrington Avenue and Sheridan Road. There are existing utilities underneath Emerson Street, including Com ED, City water mains and sewer services. The proposed utility crossing is shown on the plat of easement exhibit. The purpose of this easement is to expand the chilled water loop to the Hobart Hall. Exhibit 1 is the proposed easement agreement between the City and Northwestern University. As depicted on Exhibit A, the size of the easement area of the City Property is: 400 square feet. The cost of easement on the City property is proposed to be set using the standard easement fee of $0.50/square feet. The total easement fee will be $11,000 including 10% administration fee for the duration of easement. Attachments: Resolution 41-R-13 Easement Agreement (Exhibit 1) Plat of Easement (Exhibit A) Memorandum 175 of 994 6/28/2013 41-R-13 A RESOLUTION Authorizing the City Manager to Execute a Chilled Water Service Utility Easement Agreement with Northwestern University WHEREAS, Northwestern University (“Northwestern”) will be installing chilled water pipes at the location of 619 Emerson Street (hereinafter, “Project”); WHEREAS, a portion of the chilled water pipes will be located below the City’s right-of-way on Emerson Street; and WHEREAS, Northwestern requests a non-exclusive easement for a 40’x10’ wide strip easement for the subject water pipes to be located below the City’s right-of-way, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized and directed to sign, and the City Clerk hereby authorized and directed to attest, on behalf of the City, the Easement Agreement attached hereto as Exhibit 1, by and between the City of Evanston and Northwestern for a term of fifty (50) years and for a one-time easement fee of Eleven Thousand and no/100 Dollars ($11,000.00) for the entire term. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions or terms of the Agreement as may be determined to be in the best interest of the City. SECTION 3: This resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. 176 of 994 41-R-13 ~ 2 ~ _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2013 177 of 994 41-R-13 ~ 3 ~ EXHIBIT 1 Chilled Water Utility Easement Agreement between the City and Northwestern University 178 of 994 2724058v2/25344‐0022   GRANT OF NON-EXCLUSIVE PUBLIC UTILITY EASEMENT In consideration of the payment of the easement fee in the amount of Eleven Thousand and no/100 Dollars ($11,000,00.00) and other good and valuable consideration (“Easement Fee”), the receipt of which hereby is acknowledged, THE CITY OF EVANSTON, of the State of Illinois, County of Cook and its successors, assignees and transferees (all hereinafter referred to as "Grantor"), hereby grants to NORTHWESTERN UNIVERSITY, of the State of Illinois, County of Cook and its successors, assignees and transferees (all hereinafter referred to as "Grantee") a non-exclusive permanent easement for a period of fifty (50) years (“Easement Term”) for the purpose of the installation of a chilled water service pipes and appurtenances in, over, upon, through, along, across and under the following described real estate, approximately 40’x10’ wide strip of land as described below: A Public Utility Easement, A 10.00 foot Utility Easement below ground level not to exceed a maximum depth of 7.00 feet (as measured from the existing centerline grade of Emerson Street) of that part of Emerson Street described as follows: Beginning at the Southwest corner of Lot 12 in the Resubdivision North of Emerson Street of Lots 1 to 12 in Block 2 in the Village of Evanston according to the plat thereof recorded August 17, 1882 as Document No. 41444; thence South 89º54’42” East on an assumed bearing along the South line of said Lot 12, also being the North line of Emerson Street, 7.52 feet; thence South 00º00’00” East, 40.00 feet to the South line of Emerson Street; thence North 89º54’42” West along the South line of Emerson Street, 10.00 feet; thence North 00º00’00” West, 40.00 feet to the North line of Emerson Street as extended Westerly; thence South 89º54’42” East along said last described line, 2.48 feet to the point of beginning, in Cook County, Illinois. situated in the County of Cook, State of Illinois and at the intersection of 619 Emerson Street and hereby releases and waives all right under and by virtue of the Homestead Exemption Laws of the State of Illinois. The above-described real estate and improvements located thereon are herein referred to as the “Premises.” Attached as Exhibit A is the Plat of Easement depicting said Easement on the Premises and contains the legal description for said Easement. Grantor hereby grants, conveys, warrants and dedicates to the Grantee, its agents, servants, employees, its successors and assigns, a non-exclusive public utilities easement to survey, construct, reconstruct, use, operate, maintain, test, inspect, repair, or alter the chilled water services pipe(s) and related appurtenances and to inspect and make alterations to the above describe systems, both only in consultation with the City of Evanston’s Utilities Department and the Public Works Department and any and all of parameters and restrictions on said use described, in, over, upon, thru, along, across and under the Premises together with related attachments, equipment and appurtenances thereto (collectively “Public Utilities”) in upon, under, along and across the Premises, with the right of access thereto, including all reasonable rights of ingress and egress across any adjoining lands of Grantor necessary for the exercise of the rights herein granted. 179 of 994 Utility Easement – Chilled Water Pipes – 619 Emerson   Grantor shall have and retain all rights to use and occupy the premises and access to Grantor’s remaining property, except as herein expressly granted; provided, however, Grantor’s use and occupation of the premises may not interfere with Grantee’s use of the premises for the purposes herein described. Grantor, without limiting the interest above granted and conveyed, acknowledges that upon payment of the agreed consideration, all claims arising out of the above acquisition have been settled, including without limitation, any diminution in value to any remaining property of the Grantor caused by opening, improving, and using the premises for highway purposes. This acknowledgment does not waive any claim for trespass or negligence against the Grantee or Grantee’s agents which may cause damage to Grantor’s remaining property. This grant shall constitute a covenant, which runs with the land, and shall be binding upon the legal representatives, successors and assigns of Grantor. Dated this day of ,2013. GRANTOR: City Manager, Wally Bobkiewicz By: Signature ATTEST: By: Signature City Clerk, Rodney Greene STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) I, , a Notary Public in and for said County and State aforesaid, DO HEREBY CERTIFY that Wally Bobkiewicz, City Manager of the City of Evanston who is personally know to me to be the same person whose name is subscribed to the foregoing instrument as such, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act for the uses and purposes therein set forth. Given under by hand and notarial seal this day of , 2013 Notary Public 180 of 994 Utility Easement – Chilled Water Pipes – 619 Emerson   GRANTEE: Facilities Management Operations, Charles Davidson By: Signature STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) I, , a Notary Public in and for said County and State aforesaid, DO HEREBY CERTIFY that Charles Davidson, Facilities Management Operations who is personally know to me to be the same person whose name is subscribed to the foregoing instrument as such, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act for the uses and purposes therein set forth. Given under by hand and notarial seal this day of , 2013 Notary Public    181 of 994 Utility Easement – Chilled Water Pipes – 619 Emerson   EXHIBIT A PLAT OF EASEMENT 182 of 994 183 of 994 For City Council Meeting of July 8, 2013 Item A7 Ordinance 77-O-13: Authorizing the Sale of Surplus Fleet Vehicle For Introduction To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Lonnie Jeschke, CPFP, Manager Fleet Services Subject: Ordinance 77-O-13, Authorizing Sale of Surplus Vehicles Date: June 17, 2013 Recommended Action: Staff recommends that City Council authorize the City Manager to publicly offer the sale of various vehicles and equipment owned by the city through public auction based on Ordinance 77-O-13. The vehicles are presently out of service. Funding Source: N/A Summary: The Fleet Services Division typically participates in two to three vehicle and equipment auctions per year in the Northern Illinois area. The auctions are provided on behalf of Manheim Auction Service, 550 S. Bolingbrook Drive, Bolingbrook, Illinois 60440. This request authorizes the Fleet Division of Public Works to sell the vehicles and equipment listed in the table below through Manheim Auction Services Live Auction at Manheim Arena located at 550 S. Bolingbrook Drive, Bolingbrook, Illinois 60440, or any subsequent online internet auction to the highest bidder. All proceeds from the auction will be credited to account number 7780.56065, “Sale of Surplus Property.” Memorandum 184 of 994 Page 2 of 2 SURPLUS FLEET VEHICLES/EQUIPMENT Cost Center Department Vehicle # Vehicle Make Vehicle Model Year V.I.N. # Overall Condition Status NET E.P.D. 23 Ford C.V. 2004 2FAHP71W64X176252 Poor Replacement on order Problem Solving E.P.D. 37 Ford C.V. 2004 2FAHP71W84X176253 Poor Replacement on order Problem Solving E.P.D. 38 Ford E- 450 1999 1FDXE40S3XHB66139 Poor Replacement on order Patrol E.P.D. 44 Chevy Tahoe 2011 1GNLC2EO9BR254398 Totaled Out Replacement on order Patrol E.P.D. 48 Ford C.V. 2009 2FAHP71V79X105043 Totaled Out Replacement on order Criminal Investigations E.P.D. 64 Ford C.V. 2003 2FAHP71W33X130268 Poor Replacement on order Tactical Bureau E.P.D. 72 Ford C.V. 2004 2FAHP71W44X176248 Poor Replacement on order Criminal Investigations E.P.D. 74 Ford C.V. 2004 2FAHP71W34X180131 Poor Replacement on order Criminal Investigations E.P.D. 78 Ford C.V. 2004 2FAHP71W24X176247 Poor Replacement on order Juvenile E.P.D. 86 Ford C.V. 2003 2FAHP71W33X211098 Poor Replacement on order Community Strategy E.P.D. 97 Ford C.V. 2004 2FAHP71W55X177913 Poor Replacement on order Legislative History: N/A Attachments: Ordinance 77-O-13: Authorizing the Sale of Surplus Fleet Vehicles Owned by the City of Evanston (Manheim Auction Service Municipal Equipment Auction) 185 of 994 06/19/2013 77-O-13 AN ORDINANCE Authorizing the Sale of Surplus Fleet Vehicles & Equipment Owned by the City of Evanston (Manheim Auction Service Municipal Equipment Auction) WHEREAS, the City Council of the City of Evanston has determined that it is no longer necessary, practical, or economical for the best interest of the City to retain ownership of certain surplus fleet vehicles that have an aggregate value in excess of one thousand, five hundred dollars ($1,500.00) and are described in Exhibit A, which is attached hereto and incorporated herein by reference; and WHEREAS, the City Council has determined that it is in the best interest of the City of Evanston to sell said surplus fleet vehicles to the highest bidder, 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: Pursuant to Subsection 1-17-3-(B) of the Evanston City Code of 1979, as amended, the City Council hereby authorizes and directs the City Manager to sell the aforementioned surplus fleet vehicles, upon terms and conditions he deems reasonable, necessary, and in the best interests of the City, to the highest bidder at the Manheim Auction Service, Northwest Municipal Conference Auction to be held on Tuesday June 18th, 2013 at the Manheim Arena located at 550 S. Bolingbrook Drive in Bolingbrook Illinois, 60440, or at any subsequent Manheim live or online auction. 186 of 994 77-O-13 ~2~ SECTION 3: Upon payment of the price indicated by the Manheim Auction Service, the City Manager is hereby authorized to convey evidence of ownership of aforesaid surplus personal fleet vehicles to the Manheim Auction Service. 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: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 187 of 994 77-O-13 ~3~ EXHIBIT A SALE OF SURPLUS PROPERTY/VEHICLES Cost Center Department Vehicle # Vehicle Make Vehicle Model Year V.I.N. # Overall Condition Status NET E.P.D. 23 Ford C.V. 2004 2FAHP71W64X176252 Poor Replacement on order Problem Solving E.P.D. 37 Ford C.V. 2004 2FAHP71W84X176253 Poor Replacement on order Problem Solving E.P.D. 38 Ford E- 450 1999 1FDXE40S3XHB66139 Poor Replacement on order Patrol E.P.D. 44 Chevy Tahoe 2011 1GNLC2EO9BR254398 Totaled Out Replacement on order Patrol E.P.D. 48 Ford C.V. 2009 2FAHP71V79X105043 Totaled Out Replacement on order Criminal Investigations E.P.D. 64 Ford C.V. 2003 2FAHP71W33X130268 Poor Replacement on order Tactical Bureau E.P.D. 72 Ford C.V. 2004 2FAHP71W44X176248 Poor Replacement on order Criminal Investigations E.P.D. 74 Ford C.V. 2004 2FAHP71W34X180131 Poor Replacement on order Criminal Investigations E.P.D. 78 Ford C.V. 2004 2FAHP71W24X176247 Poor Replacement on order Juvenile E.P.D. 86 Ford C.V. 2003 2FAHP71W33X211098 Poor Replacement on order Community Strategy E.P.D. 97 Ford C.V. 2004 2FAHP71W55X177913 Poor Replacement on order 188 of 994 For City Council meeting of July 8, 2013 Item A8 Ordinance 84-O-13: General Obligation Bond Issue for FY 2013 For Introduction To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager/Chief Financial Officer Subject: Ordinance 84-O-13 Authorizing 2013 General Obligation Bond Issue Date: July 8, 2013 Recommended Action: Staff recommends approval of the attached draft ordinance number 84-O-13 for the FY 2013 bond issuance in the not-to-exceed amount totaling $12,700,000. The ordinance will be completed and signed after the bond sale date, which is tentatively scheduled for July 31, 2013. Funding Source: The proposed $12,700,000 debt issuance is comprised of $10,400,000 of unabated general obligation (G.O) bonds, $2,236,000 of abated G.O. bonds, and estimated debt issuance costs totaling approximately $64,000. The proposed 2013 G.O. bond issuance will include $8,400,000 for the Capital Improvements Fund, $236,000 for the Special Assessment Fund, $2,000,000 for the Water Fund, $2,000,000 for the Sewer Fund, and $64,000 for bond issuance costs. Funding sources for the proposed 2013 debt issuance are summarized in the table below: Funding Source Debt Type Amount 2013 Tax Levy Unabated 10,400,000$ Special Assessment Fund Abated 236,000$ Water Fund Abated 2,000,000$ Estimated Issuance Costs N/A 64,000$ TOTAL 12,700,000$ Summary: Staff recommends approval of the attached draft ordinance number 84-O-13 for the FY 2013 bond issuance totaling $12,700,000. As noted above, the proposed debt issuance is comprised of $10,400,000 of unabated general obligation (G.O) bonds, $2,236,000 of Memorandum 189 of 994 abated G.O. bonds, and estimated debt issuance costs totaling approximately $64,000. The breakdown of the proposed 2013 bond issuance by fund and type of debt is provided in the table below: Fund Unabated GO Bonds Abated GO Bonds Issuance Costs TOTAL Capital Improvements Fund 8,400,000 - 40,000 8,440,000 Special Assessment Fund - 236,000 4,000 240,000 Water Fund - 2,000,000 10,000 2,010,000 Sewer Fund 2,000,000 - 10,000 2,010,000 TOTAL 10,400,000 2,236,000 64,000 12,700,000 As has been done previously, the City uses a parameters ordinance that provides a not to exceed limit for the bonds set at $12,700,000. This allows for any favorable issuance structure that is slightly above the par amount desired. Staff proposes combining these bond issuances in an effort to minimize bond issuance costs for the City. The bond sale is planned for July 31, 2013 with a closing date of August 2, 2013. A summary of the City’s current unabated debt and the impact of the proposed G.O. bond issuance are provided in the table below: Unabated Debt Summary Amount Beginning Unabated Debt (as of 1/1/13)109,260,822$ Proposed FY13 Unabated Debt Issuance 10,400,000 FY13 Unabated Debt Payment (8,175,536) Projected Year End Unabated Debt (through 12/31/13)111,485,286$ The City’s unabated debt limit per page 40 of the 2013 Adopted budget is $113,000,000. Capital Improvement Program The FY 2013 Capital Improvement Program (CIP) was approved on November 26, 2012 and amended on May 20, 2013. The Amended 2013 CIP includes capital projects totaling approximately $8,400,000 to be funded by the 2013 G.O. debt issuance. A summary of the projects budgeted in the Capital Improvement Fund to be funded by the 2013 G.O. debt issuance has been provided as an attachment to this report. Special Assessment Fund The City’s Special Assessment Fund serves as a collection center for special assessments by residential homeowners for their share of the cost for alley paving. As part of the 2013 G.O. debt issuance, staff proposes issuing bonds totaling $236,000 for the Special Assessment Fund. The proposed bond proceeds will be used to partially offset 2013 City alley paving costs. 190 of 994 Water Fund The FY 2013 CIP includes $2,630,700 of Water Fund capital projects to be funded by general obligation debt. Of this amount, $2,000,000 was included for the G.O. debt- funded portion of the 2013 Water Main Replacement project, and the remaining $630,700 was budgeted for the Davis Street Water Main Replacement project. City staff has reviewed the proposed G.O. debt issuance for the Water Fund and determined the $630,700 for the Davis Street Water Main project can be deferred. As a result, staff proposes issuing a total of $2,000,000 of abated G.O. debt for the Water Fund in 2013. Sewer Fund In 2008, a cost of service study completed by Malcolm Pirnie indicated that revenue increases were needed in the Sewer Fund in order to cover operating, capital improvement and debt service costs. At a special City Council meeting on April 12, 2010, staff presented potential rate and property tax adjustments in an effort to increase revenue generation for the Sewer Fund. On October 11, 2010, the City Council elected to pursue the issuance of $17,000,000 in new Sewer Fund general obligation debt over a four year period. This scenario would allow the City to cover a portion of the existing annual debt service while avoiding an increase to the existing sewer rate. The selling of the $17,000,000 in bonds over a four year period was scheduled to take place according to the table below: Fiscal Year FY09-10 Estimated Bond Issue Actual Bond Issue (Par + Premium) 2010-11 4,000,000$ $ - 2011 4,000,000 8,099,352 2012 5,000,000 4,045,823 2013 Proposed 4,000,000 2,000,000 TOTAL 17,000,000$ $ 14,145,175 As the table above indicates, the original Sewer Fund debt issuance of $4,000,000 was scheduled for FY 2013. However, staff projects the 2013 debt issuance to fund the refinancing of the IEPA debt $2,000,000. As a result, staff proposes issuing a total of $2,000,000 of unabated G.O. debt for the Sewer Fund in 2013. Based on 2013 Sewer revenues and revenue coverage for future IEPA loan payments, a final refinancing amount may be needed in 2014, but such an amount will be below the originally approved total $17,000,000 listed above. City Credit Rating Change As the City Council is aware, Moody’s Investors Service, Inc. recently downgraded the City’s credit rating from Aaa to Aa1. This rating downgrade was primarily due to a change in analysis methodology used by Moody’s when reviewing the City’s unfunded 191 of 994 pension liability. According to representatives from Public Financial Management (PFM), the difference in interest rates for an Aaa rated agency compared to an Aa1 rated agency is approximately 0.15%, or 15 basis points. This estimate by PFM is based on municipal bonds issued through the first half of fiscal year 2013. Debt Refinancing In October of 2013, the City will have the opportunity to refinance approximately $30,000,000 in bonds from 2004 and 2005 issuances: a. These bonds become “callable” on December 1, 2013. b. Staff proposes the City issue new bonds up to the current outstanding bond amount. The replacement bonds will be issued in a combination of lower interest and actual lower bonds issued to create an estimated principle and interest savings over the remaining life of the bonds of over $5.0 million. c. First year savings is estimated to be just under $700,000 and remaining savings will occur through 2025. Legislative History: N/A Attachments List of 2012 Debt Funded CIP Projects 2013 Bond Ordinance 84-O-12 Preliminary Official Statement 192 of 994 1 2 3 4 9 10 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 61 62 63 A C D F T City of Evanston Capital Improvement Plan General Obligation Debt Project List Fiscal Year 2013 Funding Fund Total Description Department Source Responsible FY13 Engineering Services Admin Serv GO Unabated Capital Improvement 475,000 Street Lights - Chicago Avenue / Kedzie / AMLI CED GO Unabated Capital Improvement 50,000 Crown Center Renovations PRCS GO Unabated Capital Improvement 50,000 Lakefront - Boat Ramp Renovations PRCS GO Unabated Capital Improvement 350,000 Levy Center Renovations PRCS GO Unabated Capital Improvement 270,000 Fleetwood-Jourdain Center Renovations PRCS GO Unabated Capital Improvement 85,000 Noyes Center Seat Replacements PRCS GO Unabated Capital Improvement 160,000 Civic Center Renovations PRCS GO Unabated Capital Improvement 145,000 Lakefront - Lagoon Area Improvements PRCS GO Unabated Capital Improvement 250,000 Police - Fire Headquarters Renovations PRCS GO Unabated Capital Improvement 175,000 Firemen's Park Renovations PRCS GO Unabated Capital Improvement 235,000 Grey Park PRCS GO Unabated Capital Improvement 60,000 Ecology Center Greenhouse Reconstruction (Additional)PRCS GO Unabated Capital Improvement 71,988 Penny Park Renovations PRCS GO Unabated Capital Improvement 100,000 Police 1st Floor Conference Room Renovation PRCS GO Unabated Capital Improvement 62,000 Ladd Arboretum Bike Path Renovations PRCS GO Unabated Capital Improvement 22,000 Noyes Center Roof PRCS GO Unabated Capital Improvement 434,000 Fire Station #2 Renovations - Design Only PRCS GO Unabated Capital Improvement 53,000 50 / 50 Sidewalk Replacement Program Public Works GO Unabated Capital Improvement 125,000 Church Street Streetlights - Darrow to Pitner Public Works GO Unabated Capital Improvement 85,000 McDaniel Diagonal Parking (Crain St. to Cul-De-Sac)Public Works GO Unabated Capital Improvement 75,000 Street Resurfacing - CIP Public Works GO Unabated Capital Improvement 2,760,012 Davis Streetscape / Resurfacing / Bike Lane - Benson to Dewey Public Works GO Unabated Capital Improvement 1,197,000 Pedestrian Safety Improvements Public Works GO Unabated Capital Improvement 275,000 Central Street Sidewalk - Eastwood to Hartrey Design Public Works GO Unabated Capital Improvement 175,000 Bridge Rehab Isabella Phase II - Design Public Works GO Unabated Capital Improvement 50,000 Bridge Street Bridge Phase III - Construction Engineering Public Works GO Unabated Capital Improvement 200,000 Bridge Street Bridge Phase III - Construction Public Works GO Unabated Capital Improvement 100,000 Dempster Signal Phase I Engineering Public Works GO Unabated Capital Improvement 60,000 Ridge/Emerson/Green Bay Intersection Phase I Engineering Public Works GO Unabated Capital Improvement 250,000 SUBTOTAL 8,400,000 Alley Paving Public Works GO Abated Special Assessment 236,000 SUBTOTAL 236,000 Water Main Replacement (GO Debt Portion)Utilities GO Abated Water 2,000,000 SUBTOTAL 2,000,000 Sewer Fund IEPA Loan Utilities GO Unabated Sewer 2,000,000 SUBTOTAL 2,000,000 TOTAL - ALL FUNDS 12,636,000 193 of 994 3399598.01.04.doc 2208411/SL ORDINANCE NUMBER 84-O-13 AN ORDINANCE providing for the issuance of one or more series of not to exceed $12,700,000 General Obligation Corporate Purpose Bonds, Series 2013, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. Introduced on the 8th day of July, 2013. Adopted by the City Council on the 22nd day of July, 2013. Published in Pamphlet Form by Authority of the Corporate Authorities on the ____ day of July, 2013. 194 of 994 -i- TABLE OF CONTENTS SECTION HEADING PAGE PREAMBLES ......................................................................................................................................1 SECTION 1. DEFINITIONS ......................................................................................................3 SECTION 2. INCORPORATION OF PREAMBLES ......................................................................6 SECTION 3. DETERMINATION TO ISSUE BONDS ...................................................................6 SECTION 4. BOND DETAILS...................................................................................................6 SECTION 5. REGISTRATION OF BONDS; PERSONS TREATED AS OWNERS ...........................8 SECTION 6. BOOK ENTRY PROVISIONS.................................................................................9 SECTION 7. EXECUTION; AUTHENTICATION ......................................................................11 SECTION 8. REDEMPTION....................................................................................................12 SECTION 9. FORM OF BONDS ..............................................................................................18 SECTION 10. SECURITY FOR THE BONDS ..............................................................................24 SECTION 11. TAX LEVY; ABATEMENTS ...............................................................................24 SECTION 12. FILING WITH COUNTY CLERK .........................................................................25 SECTION 13. SALE OF BONDS; BOND ORDER(S); OFFICIAL STATEMENT ............................25 SECTION 14. CONTINUING DISCLOSURE UNDERTAKING .....................................................27 SECTION 15. CREATION OF FUNDS AND APPROPRIATIONS ..................................................28 SECTION 16. GENERAL TAX COVENANTS ............................................................................30 SECTION 17. CERTAIN SPECIFIC TAX COVENANTS ..............................................................30 195 of 994 -ii- SECTION 18. MUNICIPAL BOND INSURANCE ........................................................................33 SECTION 19. RIGHTS AND DUTIES OF BOND REGISTRAR ....................................................34 SECTION 20. DEFEASANCE....................................................................................................35 SECTION 21. PUBLICATION OF ORDINANCE .........................................................................36 SECTION 22. SEVERABILITY .................................................................................................36 SECTION 23. SUPERSEDER AND EFFECTIVE DATE ...............................................................37 LIST OF EXHIBITS A—FORM OF BOND ORDER B—CONTINUING DISCLOSURE UNDERTAKING 196 of 994 ORDINANCE NUMBER 84-O-13 AN ORDINANCE providing for the issuance of one or more series of not to exceed $12,700,000 General Obligation Corporate Purpose Bonds, Series 2013, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. PREAMBLES WHEREAS A. The City of Evanston, Cook County, Illinois (the “City”), has a population in excess of 25,000, and pursuant to the provisions of the 1970 Constitution of the State of Illinois and particularly Article VII, Section 6(a) thereof, is a home rule unit and as such may exercise any power or perform any function pertaining to its government and affairs, including, but not limited to, the power to tax and to incur debt. B. Pursuant to the home rule provisions of Section 6 of Article VII, the City has the power to incur debt payable from ad valorem property tax receipts or from any other lawful source and maturing within 40 years from the time it is incurred without prior referendum approval. C. The City Council of the City (the “Corporate Authorities”) has determined it is necessary and convenient for the public health, safety, and welfare to provide for capital improvements at various locations throughout the City, including certain capital expenditures as detailed for the year 2013 in the City’s Capital Improvement Plan, as adopted by the Corporate Authorities, and to pay expenses incidental to such improvements and costs of issuance of bonds for such purpose (such improvements and related expenses and costs being the “Capital Improvement Project”) at an estimated cost of approximately $10,690,000; and, there being no funds on hand and allocable to the purpose, the Corporate Authorities have determined it is 197 of 994 -2- necessary and convenient to borrow not to exceed said sum of $10,690,000 at this time pursuant to the Act (as hereinafter defined) and, in evidence of such borrowing, to issue general obligation bonds of the City for such purpose in not to exceed such principal amount. D. The Corporate Authorities have further determined that it is advisable and in the best interests of the City to provide for the current payment of approximately $2,010,000 of the amounts due to the State of Illinois, in particular amounts due to the “Water Pollution Control Revolving Loan Fund” administered by the Illinois Environmental Protection Agency (the “IEPA”) under certain “Loan Agreements” (the “IEPA Loans”) entered into from time to time by the City with the IEPA to obtain funds for eligible sewer system projects of the City (such funding and related expenses and costs being the “IEPA Loan Funding”); and the Corporate Authorities have determined it is necessary and convenient to borrow not to exceed said sum of $2,010,000 at this time and, in evidence of such borrowing, to issue general obligation bonds of the City for such purpose in not to exceed such principal amount. E. The sewer system projects funded with the IEPA Loans have remaining useful lives beyond the term during which the borrowing represented by the Bonds (as hereinafter defined) will remain outstanding. F. The Corporate Authorities have heretofore and it herby expressly is determined that it is desirable and in the best interests of the City that there be authorized at this time the borrowing of money for all of the purposes enumerated above (the Capital Improvement Project and the IEPA Loan Funding) and, evidence of such borrowing, the issuance of the Bonds of the City, and that certain officers of the City be authorized to sell one or more series of such Bonds from time to time and, accordingly, it is necessary that said officers be so authorized with certain parameters as hereinafter set forth. 198 of 994 -3- NOW THEREFORE Be It Ordained by the City Council of the City of Evanston, Cook County, Illinois, in the exercise of its home rule powers, as follows: Section 1. Definitions. Words and terms used in this Ordinance shall have the meanings given them, unless the context or use clearly indicates another or different meaning is intended. Words and terms defined in the singular may be used in the plural and vice-versa. Reference to any gender shall be deemed to include the other and also inanimate persons such as corporations, where applicable. A. The following words and terms are as defined in the preambles. Capital Improvement Project City Corporate Authorities IEPA IEPA Loans IEPA Loan Funding B. The following words and terms are defined as set forth. “Act” means the Illinois Municipal Code, as supplemented and amended, and also the home rule powers of the City under Section 6 of Article VII of the Illinois Constitution of 1970; and in the event of conflict between the provisions of the code and home rule powers, the home rule powers shall be deemed to supersede the provisions of the code; and, further, includes the Local Government Debt Reform Act, as amended. “Ad Valorem Property Taxes” means the real property taxes levied to pay the Bonds as described and levied in (Section 11 of) this Ordinance. “Bond Counsel” means Chapman and Cutler LLP, Chicago, Illinois. 199 of 994 -4- “Bond Funds” means the Bond Funds established and defined in (Section 15 of) this Ordinance. “Bond Moneys” means the Ad Valorem Property Taxes and any other moneys deposited into the Bond Funds and investment income held in the Bond Funds. “Bond Order” means a Bond Order as authorized to be executed by Designated Officers of the City as provided in (Section 13 of) this Ordinance, substantially in the form (with related certificates) as attached hereto as Exhibit A, and by which the final terms of the Bonds will be established. “Bond Purchase Agreement” means the contract for the sale of each Series of the Bonds by and between the City and the Purchaser, which shall be in each instance the Official Bid Form, as executed, in response to an Official Notice of Sale given by the City in connection with the public competitive sale of each Series of the Bonds. “Bond Register” means the books of the City kept by the Bond Registrar to evidence the registration and transfer of the Bonds. “Bond Registrar” means Wells Fargo Bank, N.A., a national banking association, having trust offices located in the City of Chicago, Illinois, or its successors, in its capacity as bond registrar and paying agent under this Ordinance, or a substituted bond registrar and paying agent as hereinafter provided. “Bonds” means any of the one or more series of general obligation bonds of various names authorized to be issued by this Ordinance. “Book Entry Form” means the form of the Bonds as fully registered and available in physical form only to the Depository. “Code” means the Internal Revenue Code of 1986, as amended. 200 of 994 -5- “Continuing Disclosure Undertaking” means the undertaking by the City for the benefit of the Purchaser as authorized in (Section 14 of) this Ordinance and substantially in the form as attached hereto as Exhibit B. “County” means The County of Cook, Illinois. “County Clerk” means the County Clerk of the County. “Depository” means The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York, its successors, or a successor depository qualified to clear securities under applicable state and federal laws. “Designated Officers” means the City Manager and the Mayor, acting in concert. “Financial Advisors” means Public Financial Management, Inc. “Ordinance” means this Ordinance, numbered as set forth on the title page, and passed by the Corporate Authorities on the 22nd day of July, 2013. “Purchase Price” means the price to be paid for the Bonds as set forth in a Bond Order, provided that no Purchase Price for any Series of Bonds shall be less than 99% of the par value, plus accrued interest from the date of issue to the date of delivery. “Purchaser” means, for any Series of Bonds, the winning bidder at competitive sale. “Record Date” means the 15th day of the month preceding any regular or other interest payment date occurring on the first day of any month and 15 days preceding any interest payment date occasioned by the redemption of Bonds on other than the first day of a month. “Series” means any of the one or more separate series of the Bonds authorized to be issued pursuant to this Ordinance. 201 of 994 -6- “Tax-exempt” means, with respect to a Series of Bonds, the status of interest paid and received thereon as excludable from gross income of the owners thereof for federal income tax purposes and as not included as an item of tax preference in computing the alternative minimum tax for individuals and corporations under the Code, but as taken into account in computing an adjustment used in determining the federal alternative minimum tax for certain corporations. “Term Bonds” means Bonds subject to mandatory redemption by operation of the Bond Fund and designated as term bonds herein. C. Definitions also appear in the above preambles or in specific sections, as appearing below. The table of contents preceding and the headings in this Ordinance are for the convenience of the reader and are not a part of this Ordinance. Section 2. Incorporation of Preambles. The Corporate Authorities hereby find that all of the recitals contained in the preambles to this Ordinance are true, correct, and complete and do incorporate them into this Ordinance by this reference. Section 3. Determination To Issue Bonds. It is necessary and in the best interests of the City to provide for the Capital Improvement Project and the IEPA Loan Funding, to pay all necessary or advisable related costs, and to borrow money and issue the Bonds for the purpose of paying a part of such costs. It is hereby found and determined that such borrowing of money is for a proper public purpose or purposes, is in the public interest, and is authorized pursuant to the Act; and these findings and determinations shall be deemed conclusive. Section 4. Bond Details. There shall be issued and sold the Bonds in one or more Series in the aggregate principal amount of not to exceed $12,700,000. The Bonds shall each be designated “General Obligation Corporate Purpose Bond, Series 2013” or such other name or names or series designations as may be appropriate and as stated in the Bond Order; be dated the 202 of 994 -7- date of issuance thereof or such other date or dates on or prior to the initial date of issuance as may be set forth in the Bond Order, if it is determined therein to be a date better suited to the advantageous marketing of the Bonds (the “Dated Date”); and shall also bear the date of authentication thereof. The Bonds shall be fully registered and in Book Entry Form, shall be in denominations of $5,000 or integral multiples thereof (but no single Bond shall represent principal maturing on more than one date), and shall be numbered consecutively within a Series in such fashion as shall be determined by the Bond Registrar. The Bonds shall become due and payable serially or as Term Bonds (subject to right of prior redemption if so provided in the Bond Order) on December 1 of the years in which the Bonds are to mature. The Bonds shall mature in the amounts and in the years as shall be set forth in the relevant Bond Order, provided, however, that (a) the final date of maturity of the Bonds shall not extend past December 1, 2033 and (b) the sum of the principal of and interest on the Bonds, and due (or subject to mandatory redemption) in any given annual period from December 2 to the following December 1 (a “Bond Year”) shall not exceed $1,000,000. Each Bond shall bear interest at a rate not to exceed five percent (5.00%) from the later of its Dated Date as herein provided or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of such Bond is paid or duly provided for, such interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on June 1 and December 1 of each year, commencing on December 1, 2013, or such other June 1 or December 1 not later than one year beyond the Dated Date as shall be provided in a relevant Bond Order. Interest on each Bond shall be paid by check or draft of the Bond Registrar, payable upon presentation thereof in lawful money of the United States of America, to the person in whose name such Bond is registered at the close of business on the applicable Record Date and mailed to the registered owner of the Bond as shown in the Bond Registrar or at such other address furnished in writing by such 203 of 994 -8- Registered Owner, or as otherwise may be agreed with the Depository for so long as the Depository or its nominee is the registered owner as of a given Record Date. The principal of the Bonds shall be payable in lawful money of the United States of America upon presentation thereof at the office of the Bond Registrar maintained for the purpose or at successor Bond Register or locality. Section 5. Registration of Bonds; Persons Treated as Owners. The City shall cause books (the “Bond Register” as defined) for the registration and for the transfer of the Bonds as provided in this Ordinance to be kept at the office of the Bond Registrar maintained for such purpose, which is hereby constituted and appointed the registrar of the City for the Bonds. The City shall prepare, and the Bond Registrar or such other agent as the City may designate shall keep custody of, multiple Bond blanks executed by the City for use in the transfer and exchange of Bonds. Subject to the provisions of this Ordinance relating to the Bonds in Book Entry Form, any Bond may be transferred or exchanged, but only in the manner, subject to the limitations, and upon payment of the charges as set forth in this Ordinance. Upon surrender for transfer or exchange of any Bond at the office of the Bond Registrar maintained for the purpose, duly endorsed by or accompanied by a written instrument or instruments of transfer or exchange in form satisfactory to the Bond Registrar and duly executed by the registered owner or an attorney for such owner duly authorized in writing, the City shall execute and the Bond Registrar shall authenticate, date, and deliver in the name of the transferee or transferees or, in the case of an exchange, the registered owner, a new fully registered Bond or Bonds of like Series and tenor, of the same maturity, bearing the same interest rate, of authorized denominations, for a like aggregate principal amount. The Bond Registrar shall not be required to transfer or exchange any Bond during the period from the close of business on the Record Date for an interest payment to the opening of business on such interest payment date or during the period of 15 days preceding 204 of 994 -9- the giving of notice of redemption of Bonds or to transfer or exchange any Bond all or any portion of which has been called for redemption. The execution by the City of any fully registered Bond shall constitute full and due authorization of such Bond, and the Bond Registrar shall thereby be authorized to authenticate, date and deliver such Bond; provided, however, the principal amount of Bonds of each Series and maturity authenticated by the Bond Registrar shall not at any one time exceed the authorized principal amount of Bonds for such Series and maturity less the amount of such Bonds which have been paid. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of the principal of or interest on any Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. No service charge shall be made to any registered owner of Bonds for any transfer or exchange of Bonds, but the City or the Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of Bonds. Section 6. Book Entry Provisions. The Bonds shall be initially issued in the form of a separate single fully registered Bond for each Series and maturity bearing the same interest rate. Upon initial issuance, the ownership of each such Bond shall be registered in the Bond Register in the name of the Depository or a designee or nominee of the Depository (such depository or nominee being the “Book Entry Owner”). Except as otherwise expressly provided, all of the outstanding Bonds from time to time shall be registered in the Bond Register in the name of the Book Entry Owner (and accordingly in Book Entry Form as such term is used in this Ordinance). Any City officer, as representative of the City, is hereby authorized, empowered, and directed to execute and deliver or utilize a previously executed and delivered Letter of Representations or 205 of 994 -10- Blanket Letter of Representations (either being the “Letter of Representations”) substantially in the form common in the industry, or with such changes therein as the officer executing the Letter of Representations on behalf of the City shall approve, his or her execution thereof to constitute conclusive evidence of approval of such changes, as shall be necessary to effectuate Book Entry Form. Without limiting the generality of the authority given with respect to entering into such Letter of Representations, it may contain provisions relating to (a) payment procedures, (b) transfers of the Bonds or of beneficial interests therein, (c) redemption notices and procedures unique to the Depository, (d) additional notices or communications, and (e) amendment from time to time to conform with changing customs and practices with respect to securities industry transfer and payment practices. With respect to Bonds registered in the Bond Register in the name of the Book Entry Owner, none of the City, any City officer, or the Bond Registrar shall have any responsibility or obligation to any broker-dealer, bank, or other financial institution for which the Depository holds Bonds from time to time as securities depository (each such broker-dealer, bank, or other financial institution being referred to herein as a “Depository Participant”) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds. Without limiting the meaning of the immediately preceding sentence, the City, any City officer, and the Bond Registrar shall have no responsibility or obligation with respect to (a) the accuracy of the records of the Depository, the Book Entry Owner, or any Depository Participant with respect to any ownership interest in the Bonds, (b) the delivery to any Depository Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register or as otherwise expressly provided in the Letter of Representations, of any notice with respect to the Bonds, including any notice of redemption, or (c) the payment to any Depository Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register, of any amount with respect to principal of or interest on the Bonds. No person other 206 of 994 -11- than a registered owner of a Bond as shown in the Bond Register shall receive a Bond certificate with respect to any Bond. In the event that (a) the City determines that the Depository is incapable of discharging its responsibilities described herein and in the Letter of Representations, (b) the agreement among the City, the Bond Registrar, and the Depository evidenced by the Letter of Representations shall be terminated for any reason, or (c) the City determines that it is in the best interests of the City or of the beneficial owners of a Series of the Bonds either that they be able to obtain certificated Bonds or that another depository is preferable, the City shall notify the Depository and the Depository shall notify the Depository Participants of the availability of Bond certificates, and the Bonds (of a given Series if applicable) shall no longer be restricted to being registered in the Bond Register in the name of the Book Entry Owner. Alternatively, at such time, the City may determine that the Bonds of such Series shall be regis- tered in the name of and deposited with a successor depository operating a system accommodating Book Entry Form, as may be acceptable to the City, or such depository’s agent or designee, but if the City does not select such alternate book entry system, then the Bonds of such Series shall be registered in whatever name or names registered owners of Bonds transferring or exchanging Bonds shall designate, in accordance with the provisions of this Ordinance. Section 7. Execution; Authentication. The Bonds shall be executed on behalf of the City by the manual or duly authorized facsimile signature of its Mayor and attested by the manual or duly authorized facsimile signature of its City Clerk, as they may determine, and shall be impressed or imprinted with the corporate seal or facsimile seal of the City. In case any such officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. All Bonds shall have thereon a 207 of 994 -12- certificate of authentication, substantially in the form provided, duly executed by the Bond Registrar as authenticating agent of the City and showing the date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until such certificate of authentication shall have been duly executed by the Bond Registrar by manual signature, and such certificate of authentication upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. Section 8. Redemption. The Bonds may be subject to redemption on the terms set forth below. A. Optional Redemption. If so provided in the relevant Bond Order, any Bonds may be subject to redemption prior to maturity at the option of the City, in whole or in part on any date, at such times and at such optional redemption prices as shall be determined by the Designated Officers in the relevant Bond Order. Such optional redemption prices shall be expressed as a percentage of the principal amount of Bonds to be redeemed, provided that such percentage shall not exceed one hundred percent (100%) plus accrued interest to the date of redemption. If less than all of the outstanding Bonds of a Series are to be optionally redeemed, the Bonds to be called shall be called from such Series, in such principal amounts, and from such maturities as may be determined by the City and within any maturity in the manner hereinafter provided. As provided in the Bond Order, some portion or all of the Bonds may be made not subject to optional redemption. B. Term Bonds; Mandatory Redemption and Covenants; Effect of Purchase or Optional Redemption of Term Bonds. The Bonds of any Series may be subject to mandatory redemption (as Term Bonds) as provided in a Bond Order; provided, however, that in such event the amounts due pursuant to mandatory redemption shall be the amounts used to satisfy the test 208 of 994 -13- set forth in (Section 4 of) this Ordinance for the maximum amounts of principal and interest due on the Bonds in any given Bond Year. Bonds designated as Term Bonds shall be made subject to mandatory redemption by operation of the Bond Fund at a price of not to exceed par and accrued interest, without premium, on December 1 of the years and in the amounts as shall be determined in a Bond Order. The City covenants that it will redeem Term Bonds pursuant to the mandatory redemption requirement for such Term Bonds. Proper provision for mandatory redemption having been made, the City covenants that the Term Bonds so selected for redemption shall be payable as at maturity, and taxes shall be levied and collected as provided herein accordingly. If the City redeems pursuant to optional redemption as may be provided or purchases Term Bonds of any maturity and cancels the same from Bond Moneys as hereinafter described, then an amount equal to the principal amount of Term Bonds so redeemed or purchased shall be deducted from the mandatory redemption requirements provided for Term Bonds of such maturity, first, in the current year of such requirement, until the requirement for the current year has been fully met, and then in any order of such Term Bonds as due at maturity or subject to mandatory redemption in any year, as the City shall determine. If the City redeems pursuant to optional redemption as may be provided or purchases Term Bonds of any maturity and cancels the same from moneys other than Bond Moneys, then an amount equal to the principal amount of Term Bonds so redeemed or purchased shall be deducted from the amount of such Term Bonds as due at maturity or subject to mandatory redemption requirement in any year, as the City shall determine. C. Redemption Procedures. Any Bonds subject to redemption shall be identified, notice given, and paid and redeemed pursuant to the procedures as follows. (1) Redemption Notice. For a mandatory redemption, unless otherwise notified by the City, the Bond Registrar will proceed on behalf of the City as its agent to 209 of 994 -14- provide for the mandatory redemption of such Term Bonds without further order or direction hereunder or otherwise. For an optional redemption, the City, shall, at least 45 days prior to any optional redemption date (unless a shorter time period shall be satisfactory to the Bond Registrar), notify the Bond Registrar of such redemption date and of the Series, principal amounts, and maturities of Bonds to be redeemed and, if applicable, the effect on any schedule of mandatory redemption of Term Bonds. (2) Selection of Bonds within a Maturity. For purposes of any redemption of less than all of the Bonds of a Series of a single maturity, the particular Bonds or portions of Bonds of that Series to be redeemed shall be selected by lot by the Bond Registrar for the Bonds of that Series of such maturity by such method of lottery as the Bond Registrar shall deem fair and appropriate; provided, that such lottery shall provide for the selection for redemption of Bonds or portions thereof so that any $5,000 Bond or $5,000 portion of a Bond shall be as likely to be called for redemption as any other such $5,000 Bond or $5,000 portion. The Bond Registrar shall make such selection (a) upon or prior to the time of the giving of official notice of redemption, or (b) in the event of a refunding or defeasance, upon advice from the City that certain Bonds have been refunded or defeased and are no longer Outstanding as defined. (3) Official Notice of Redemption. The Bond Registrar shall promptly notify the City in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. Unless waived by the registered owner of Bonds to be redeemed, official notice of any such redemption shall be given by the Bond Registrar on behalf of the City by mailing the redemption notice by first class U.S. mail not less than 30 days and not more than 60 days prior to the date fixed for redemption to each registered owner of the 210 of 994 -15- Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such registered owner to the Bond Registrar. All official notices of redemption shall include the name of the Bonds and at least the information as follows: (a) the redemption date; (b) the redemption price; (c) if less than all of the outstanding Bonds of a Series of a particular maturity are to be redeemed, the identification (and, in the case of partial redemption of Bonds of that Series within such maturity, the respective principal amounts) of the Bonds to be redeemed; (d) a statement that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption and that interest thereon shall cease to accrue from and after said date; and (e) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the office designated for that purpose of the Bond Registrar. (4) Conditional Redemption. Unless moneys sufficient to pay the redemption price of the Bonds to be redeemed shall have been received by the Bond Registrar prior to the giving of such notice of redemption, such notice may, at the option of the City, state that said redemption shall be conditional upon the receipt of such moneys by the Bond Registrar on or prior to the date fixed for redemption. If such moneys are not received, such notice shall be of no force and effect, the City shall not redeem such Bonds, and the Bond Registrar shall give notice, in the same manner in which the notice of redemption 211 of 994 -16- was given, that such moneys were not so received and that such Bonds will not be redeemed. (5) Bonds Shall Become Due. Official notice of redemption having been given as described, the Bonds or portions of Bonds so to be redeemed shall, subject to the stated condition in the paragraph (4) immediately preceding, on the redemption date, become due and payable at the redemption price therein specified; and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. The procedure for the payment of interest due as part of the redemption price shall be as herein provided for payment of interest otherwise due. (6) Insufficiency in Notice Not Affecting Other Bonds; Failure to Receive Notice; Waiver. Neither the failure to mail such redemption notice, nor any defect in any notice so mailed, to any particular registered owner of a Bond, shall affect the sufficiency of such notice with respect to other registered owners. Notice having been properly given, failure of a registered owner of a Bond to receive such notice shall not be deemed to invalidate, limit, or delay the effect of the notice or redemption action described in the notice. Such notice may be waived in writing by a registered owner of a Bond entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by registered owners shall be filed with the Bond Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In lieu of the foregoing official notice, so long as the Bonds are held in Book Entry Form, notice may be given as provided in the Letter of Representations; and the giving of such notice shall constitute a waiver by the 212 of 994 -17- Depository and the Book Entry Owner, as registered owner, of the foregoing notice. After giving proper notification of redemption to the Bond Registrar, as applicable, the City shall not be liable for any failure to give or defect in notice. (7) New Bond in Amount Not Redeemed. Upon surrender for any partial redemption of any Bond, there shall be prepared for the registered owner a new Bond or Bonds of like tenor, of authorized denominations, of the Series and the same maturity, and bearing the same rate of interest in the amount of the unpaid principal. (8) Effect of Nonpayment upon Redemption. If any Bond or portion of Bond called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall become due and payable on demand, as aforesaid, but, until paid or duly provided for, shall continue to bear interest from the redemption date at the rate borne by the Bond or portion of Bond so called for redemption. (9) Bonds to Be Cancelled; Payment to Identify Bonds. All Bonds which have been redeemed shall be cancelled and destroyed by the Bond Registrar and shall not be reissued. Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. (10) Additional Notice. The City agrees to provide such additional notice of redemption as it may deem advisable at such time as it determines to redeem Bonds, taking into account any requirements or guidance of the Securities and Exchange Commission, the Municipal Securities Rulemaking Board, the Governmental Accounting Standards Board, or any other federal or state agency having jurisdiction or authority in such matters; provided, however, that such additional notice shall be (a) advisory in 213 of 994 -18- nature, (b) solely in the discretion of the City (unless a separate agreement shall be made), (c) not be a condition precedent of a valid redemption or a part of the Bond contract, and (d) any failure or defect in such notice shall not delay or invalidate the redemption of Bonds for which proper official notice shall have been given. Reference is also made to the provisions of the Continuing Disclosure Undertaking of the City with respect to the Bonds, which may contain other provisions relating to notice of redemption of Bonds. (11) Bond Registrar to Advise City. As part of its duties hereunder, the Bond Registrar shall prepare and forward to the City a statement as to notices given with respect to each redemption together with copies of the notices as mailed. Section 9. Form of Bonds. The Bonds shall be in substantially the form hereinafter set forth; provided, however, that if the text of the Bonds is to be printed in its entirety on the front side of the Bonds, then the second paragraph on the front side and the legend “See Reverse Side for Additional Provisions” shall be omitted and the text of paragraphs set forth for the reverse side shall be inserted immediately after the first paragraph. 214 of 994 -19- [FORM OF BONDS - FRONT SIDE] REGISTERED REGISTERED NO. _____ $_________ UNITED STATES OF AMERICA STATE OF ILLINOIS THE COUNTY OF COOK CITY OF EVANSTON GENERAL OBLIGATION CORPORATE PURPOSE BOND, SERIES 2013[SERIES DESIGNATION] See Reverse Side for Additional Provisions. Interest Maturity Dated Rate: Date: December 1, ____ Date: __________ __, 2013 CUSIP: ________ Registered Owner: CEDE & CO. Principal Amount: KNOW ALL PERSONS BY THESE PRESENTS that the City of Evanston, Cook County, Illinois, a municipality, home rule unit, and political subdivision of the State of Illinois (the “City”), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above (but subject to right of prior redemption), the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount from the later of the Dated Date of this Bond identified above or from the most recent interest payment date to which interest has been paid or duly provided for, at the Interest Rate per annum identified above, such interest to be payable on June l and December 1 of each year, commencing ____________ 1, 2013, until said Principal Amount is paid or duly provided for. The principal of this Bond is payable in lawful money of the United States of America upon presentation hereof at the office maintained for that purpose at Wells Fargo Bank, N.A., located in the City of Chicago, Illinois, as paying agent and bond registrar (the “Bond 215 of 994 -20- Registrar”). Payment of interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by the Bond Registrar at the close of business on the applicable Record Date. The Record Date shall be the 15th day of the month preceding any regular interest payment date or a redemption on the first day of any month and the 15th day preceding any other interest payment date which may be occasioned by a redemption of Bonds on a day other than the first day of any month. Interest shall be paid by check or draft of the Bond Registrar, payable upon presentation in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books, or at such other address furnished in writing by such Registered Owner to the Bond Registrar, or as otherwise agreed by the City and the Bond Registrar for so long as this Bond is held by a qualified securities clearing corporation as depository, or nominee, in Book Entry Form as provided for same. Reference is hereby made to the further provisions of this Bond set forth on the reverse hereof, and such further provisions shall for all purposes have the same effect as if set forth at this place. It is hereby certified and recited that all conditions, acts, and things required by the constitution and laws of the State of Illinois to exist or to be done precedent to and in the issuance of this Bond, including the Act, have existed and have been properly done, happened, and been performed in regular and due form and time as required by law; that the indebtedness of the City, represented by the Bonds, and including all other indebtedness of the City, howsoever evidenced or incurred, does not exceed any constitutional or statutory or other lawful limitation; and that provision has been made for the collection of a direct annual tax, in addition to all other taxes, on all of the taxable property in the City sufficient to pay the interest hereon as the same falls due and also to pay and discharge the principal hereof at maturity. 216 of 994 -21- This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF the City of Evanston, Cook County, Illinois, by its City Council, has caused this Bond to be executed by the manual or duly authorized facsimile signature of its Mayor and attested by the manual or duly authorized facsimile signature of its City Clerk and its corporate seal or a facsimile thereof to be impressed or reproduced hereon, all as appearing hereon and as of the Dated Date identified above. _______________________________ Mayor, City of Evanston Cook County, Illinois ATTEST: ____________________________________ City Clerk, City of Evanston Cook County, Illinois [SEAL] 217 of 994 -22- [FORM OF AUTHENTICATION] CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within-mentioned Ordinance and is one of the General Obligation Corporate Purpose Bonds, Series 2013[Series Designation], having a Dated Date of ____ __, 2013, of the City of Evanston, Cook County, Illinois. WELLS FARGO BANK, N.A. Chicago, Illinois as Bond Registrar Date of Authentication: ____________, 20__ By _______________________________ Authorized Officer [FORM OF BONDS - REVERSE SIDE] This bond is one of a series of bonds (the “Bonds”) in the aggregate principal amount of $_____________ issued by the City for the purpose of paying a part of the costs of [the Capital Improvement Project and the funding of certain IEPA Loan payments due], and of paying expenses incidental thereto, all as described and defined in Ordinance Number 84-O-13 of the City, passed by the City Council on the 22nd day of July, 2013, authorizing the Bonds (the “Ordinance”), pursuant to and in all respects in compliance with the applicable provisions of the Illinois Municipal Code, as supplemented and amended, and as further supplemented and, where necessary, superseded, by the powers of the City as a home rule unit under the provisions of Section 6 of Article VII of the Illinois Constitution of 1970, and pursuant to the provisions of the Local Government Debt Reform Act, as amended (such code and powers, as supplemented, being the “Act”), and with the Ordinance, which has been duly executed by the Mayor, and published in pamphlet form, in all respects as by law required. This Bond is subject to provisions relating to redemption and notice thereof and other terms of redemption; provisions relating to registration, transfer, and exchange; and such other 218 of 994 -23- terms and provisions relating to security and payment as are set forth in the Ordinance; to which reference is hereby expressly made, and to all the terms of which the registered owner hereof is hereby notified and shall be subject. The City and the Bond Registrar may deem and treat the Registered Owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. [FORM OF ASSIGNMENT] ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto Here insert Social Security Number, Employer Identification Number or other Identifying Number. ______________________________________________________________________________ ______________________________________________________________________________ (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint ______________________________________________________________________________ as attorney to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: ______________________________ ______________________________ Signature guaranteed: ______________________________ NOTICE: The signature to this transfer and assignment must correspond with the name of the Registered Owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. 219 of 994 -24- Section 10. Security for the Bonds. The Bonds are a general obligation of the City, for which the full faith and credit of the City are irrevocably pledged, and are payable from the levy of the Ad Valorem Property Taxes on all of the taxable property in the City, without limitation as to rate or amount. Section 11. Tax Levy; Abatements. For the purpose of providing funds required to pay the interest on the Bonds promptly when and as the same falls due, and to pay and discharge the principal thereof at maturity or as subject to mandatory redemption, there is hereby levied upon all of the taxable property within the City, in the years for which any of the Bonds are outstanding, a direct annual tax sufficient for that purpose for each Series of Bonds; and there is hereby levied upon all of the taxable property within the City, in the years for which any of the Bonds are outstanding, a direct annual tax (the “AD VALOREM PROPERTY TAXES” as defined) as shall be fully set forth in the Bond Order for each Series of the Bonds. Ad Valorem Property Taxes and other moneys on deposit in the Bond Fund from time to time (“Bond Moneys” as herein defined) shall be applied to pay principal of and interest on the Bonds. Interest on or principal of the Bonds coming due at any time when there are insufficient Bond Moneys to pay the same shall be paid promptly when due from current funds on hand in advance of the deposit of the Ad Valorem Property Taxes; and when the Ad Valorem Property Taxes shall have been collected, reimbursement shall be made to said funds in the amount so advanced. The City covenants and agrees with the purchasers and registered owners of the Bonds that so long as any of the Bonds remain outstanding the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to levy and collect the Ad Valorem Property Taxes. The City and its officers will comply with all present and future applicable laws in order to assure that the Ad Valorem Property Taxes may lawfully be levied, extended, and collected as provided herein. In the event that funds from any other lawful source are made 220 of 994 -25- available for the purpose of paying any principal of or interest on the Bonds so as to enable the abatement of the taxes levied herein for the payment of same, the Corporate Authorities shall, by proper proceedings, direct the transfer of such funds to the Bond Fund, and shall then direct the abatement of the taxes by the amount so deposited. The City covenants and agrees that it will not direct the abatement of taxes until money has been deposited into the Bond Fund in the amount of such abatement. A certified copy or other notification of any such proceedings abating taxes may then be filed with the County Clerk in a timely manner to effect such abatement. Section 12. Filing with County Clerk. Promptly, after this Ordinance becomes effective and upon execution of the first Bond Order, a copy hereof, certified by the City Clerk, shall be filed with the County Clerk. Under authority of this Ordinance, the County Clerk shall in and for each of the years as set forth in each and every Bond Order ascertain the rate percent required to produce the aggregate Ad Valorem Property Taxes levied in each of such years; and the County Clerk shall extend the same for collection on the tax books in connection with other taxes levied in such years in and by the City for general corporate purposes of the City; and in each of those years such annual tax shall be levied and collected by and for and on behalf of the City in like manner as taxes for general corporate purposes for such years are levied and collected, without limit as to rate or amount, and in addition to and in excess of all other taxes. Section 13. Sale of Bonds; Bond Order(s); Official Statement. A. The Designated Officers are hereby authorized to proceed, without any further official authorization or direction whatsoever from the Corporate Authorities, to sell and deliver Bonds as herein provided. The Designated Officers shall be and are hereby authorized and directed to sell the Bonds to the Purchaser at not less than the Purchase Price, provided, however, that the following conditions shall also be met: 221 of 994 -26- (1) The Purchaser shall be the winning bidder at public competitive sale of the Bonds. (2) The Financial Advisors shall provide advice (in the form of written certificate or report) that the terms of the Bonds are fair and reasonable in light of current conditions in the market for obligations such as the Bonds. Nothing in this Section shall require the Designated Officers to sell the Bonds if in their judgment the conditions in the bond markets shall have markedly deteriorated from the time of adoption hereof, but the Designated Officers shall have the authority to sell the Bonds in any event so long as the limitations set forth in this Ordinance shall have been met. Incidental to any sale of the Bonds, the Designated Officers shall find and determine that no person responsible for sale of the Bonds and holding any office of the City either by election or appointment, is in any manner financially interested, either directly, in his or her own name, or indirectly, in the name of any other person, association, trust or corporation, in the agreement with the Purchaser for the purchase of the Bonds. B. Upon the sale of the Bonds of any Series, the Designated Officers and any other officers of the City as shall be appropriate shall be and are hereby authorized and directed to approve or execute, or both, such documents of sale of the Bonds of such Series as may be necessary, including, without limitation, a Bond Order, Preliminary Official Statement, Official Statement, Bond Purchase Agreement, and closing documents; such certifications, tax returns, and documentation as may be required by Bond Counsel, including, specifically, a tax agreement for the Bonds, to render their opinion(s) as to the Tax-exempt status of the interest on the Bonds. The Preliminary Official Statement relating to the Bonds, such document to be in substantially the form now on file with the City Clerk and available to the Mayor and Aldermen and to members of the interested public, is hereby in all respects authorized and approved; and the 222 of 994 -27- proposed use by the Purchaser of an Official Statement (in substantially the form of the Preliminary Official Statement but with appropriate variations to reflect the final terms of the Bonds) is also hereby authorized and approved. The Designated Officers are (or either of them is) hereby authorized to execute each Bond Purchase Agreement, their (his or her) execution to constitute full and complete approval of all necessary or appropriate completions and revisions as shall appear therein. Upon the sale of a Series of the Bonds, the Designated Officers so acting shall prepare the Bond Order for same, such document to be in substantially the form as set forth as Exhibit A attached hereto, which shall include the pertinent details of sale as provided herein, and which shall enumerate the levy of taxes to pay the Bonds, and such shall in due course be entered into the records of the City and made available to the Corporate Authorities. The authority to sell the Bonds pursuant to any Bond Order as herein provided shall expire on December 31, 2013. Section 14. Continuing Disclosure Undertaking. The Mayor or either of the Designated Officers of the City is hereby authorized, empowered, and directed to execute and deliver the Continuing Disclosure Undertaking in substantially the same form as now before the City as Exhibit B to this Ordinance, or with such changes therein as the officer executing the Continuing Disclosure Undertaking on behalf of the City shall approve, his or her execution thereof to constitute conclusive evidence of his or her approval of such changes. When the Continuing Disclosure Undertaking is executed and delivered on behalf of the City as herein provided, the Continuing Disclosure Undertaking will be binding on the City and the officers, employees, and agents of the City, and the officers, employees, and agents of the City are hereby authorized, empowered, and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Continuing Disclosure Undertaking as executed. Notwithstanding any other provision of this Ordinance, the sole 223 of 994 -28- remedies for failure to comply with the Continuing Disclosure Undertaking shall be the ability of the beneficial owner of any Bond to seek mandamus or specific performance by court order, to cause the City to comply with its obligations under the Continuing Disclosure Undertaking. Section 15. Creation of Funds and Appropriations. A. There is hereby created the “Series 2013 Bonds Debt Service Account” (the “Bond Fund”), which shall be the fund for the payment of principal of and interest on all Series of the Bonds. Accrued interest, if any, received upon delivery of the Bonds shall be deposited into the Bond Fund and be applied to pay first interest coming due on the corresponding Series of Bonds. B. The Ad Valorem Property Taxes for each respective Series of Bonds shall either be deposited into the Bond Fund and used solely and only for paying the principal of and interest on the respective Series of Bonds or be used to reimburse a fund or account from which advances to the Bond Fund may have been made to pay principal of or interest on the Bonds prior to receipt of Ad Valorem Property Taxes. Interest income or investment profit earned in the Bond Fund shall be retained in said Bond Fund for payment of the principal of or interest on the respective Series of Bonds on the interest payment date next after such interest or profit is received or, to the extent lawful and as determined by the Corporate Authorities, transferred to such other fund as may be determined. The City hereby pledges, as equal and ratable security for the respective Series of Bonds, all present and future proceeds of the Ad Valorem Property Taxes for the sole benefit of the registered owners of the respective Series of Bonds, subject to the reserved right of the Corporate Authorities to transfer certain interest income or investment profit earned in the Bond Funds to other funds of the City, as described in the preceding sentence. C. The amount necessary from the proceeds of the each Series of Bonds shall be used to pay costs of issuance of the respective Series of Bonds and shall be deposited into a separate fund, hereby created, designated the “2013[Series Designation] Expense Fund.” Any 224 of 994 -29- disbursements from such fund shall be made from time to time as necessary. Any excess in said fund established for the Bonds shall be deposited into the Capital Improvement Project Fund hereinafter created after six months from the date of issuance of the Bonds. D. The proceeds of the Bonds issued for the IEPA Loan Funding shall promptly be applied by the City Manager, acting in conjunction with the officers of the City charged with administration of the City’s finances, to pay or prepay currently due or next payments due on the IEPA Loans in not to exceed the amount of $2,010,000. E. The remaining proceeds of the Bonds shall be set aside in a separate fund, hereby created, and designated as the “Series 2013 Capital Improvement Project Fund” (the “Capital Improvement Project Fund”), hereby created, and be used to pay costs of the Capital Improvement Project, including costs of issuance of the Bonds which for any reason are not paid from the respective Expense Fund. F. Alternatively, the Finance Director may allocate proceeds of the Bonds otherwise designated for the Bond Fund, the Expense Fund, or the Capital Improvement Project Fund to one or more related funds of the City already in existence; provided, however, that this shall not relieve the City officers of the duty to account for the proceeds as herein provided. G. The Corporate Authorities reserve the right, as it becomes necessary from time to time, to revise the list of projects hereinabove set forth, to change priorities, to revise cost allocations between projects and to substitute projects, in order to meet current needs of the City; subject, however, to the various covenants set forth in this Ordinance and in related certificates given in connection with delivery of the Bonds and also subject to the obtaining of the opinion of Bond Counsel or of some other attorney or firm of attorneys whose opinions are generally acceptable to the purchasers in the national marketplace of governmental Tax-exempt obligations 225 of 994 -30- (“Other Bond Counsel”) that such changes or substitutions are proper under the Act and do not adversely affect the Tax-exempt status of the Tax-exempt Bonds. Section 16. General Tax Covenants. The City hereby covenants that it will not take any action, omit to take any action or permit the taking or omission of any action within its control (including, without limitation, making or permitting any use of the proceeds of the Bonds) if taking, permitting, or omitting to take such action would cause any of the Bonds to be an arbitrage bond or a private activity bond within the meaning of the Code, or would otherwise cause the interest on the Bonds to be included in the gross income of the recipients thereof for federal income tax purposes. The City acknowledges that, in the event of an examination by the Internal Revenue Service of the exemption from Federal income taxation for interest paid on the Bonds, under present rules, the City may be treated as a “taxpayer” in such examination and agrees that it will respond in a commercially reasonable manner to any inquiries from the Internal Revenue Service in connection with such an examination. In furtherance of the foregoing provisions, but without limiting their generality, the City agrees: (a) through its officers, to make such further specific covenants, representations as shall be truthful, and assurances as may be necessary or advisable; (b) to comply with all representations, covenants, and assurances contained in certificates or agreements as may be prepared by Bond Counsel; (c) to consult with such Bond Counsel and to comply with such advice as may be given; (d) to file such forms, statements, and supporting documents as may be required and in a timely manner; and (e) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys, and other persons to assist the City in such compliance. Section 17. Certain Specific Tax Covenants. A. None of the Bonds shall be a “private activity bond” as defined in Section 141(a) of the Code; and the City certifies, represents, and covenants as follows: 226 of 994 -31- (1) Not more than 5% of the net proceeds and investment earnings of the Bonds of any Series is to be used, or of any of the IEPA Loans were used, directly or indirectly, in any activity carried on by any person other than a state or local governmental unit. (2) Not more than 5% of the amounts necessary to pay the principal of and interest on the Bonds of any Series will be derived, directly or indirectly, from payments with respect to any private business use by any person other than a state or local governmental unit. (3) None of the proceeds of the Bonds of any Series is to be used and none of the proceeds of any of the IEPA Loans were used, directly or indirectly, to make or finance loans to persons other than a state or local governmental unit. (4) Except as may be permitted by reference to the text above (at paragraph A (1) of this Section), no user of the real or personal property of the City acquired, constructed, or improved with the proceeds of the Bonds of any Series, any of the IEPA Loans, other than the City or another governmental unit, will use the same on any basis other than the same basis as the general public; and except as noted, no person, other than the City or another governmental unit, will be a user of such property as a result of (i) ownership or (ii) actual or beneficial use pursuant to a lease, a management or incentive payment contract other than as expressly permitted by the Code, or (iii) any other arrangement. B. The Bonds shall not be “arbitrage bonds” under Section 148 of the Code; and the City certifies, represents, and covenants as follows: (1) With respect to the Capital Improvement Project, the City has heretofore incurred or within six months after delivery of the portion of the Bonds allocable to the Capital Improvement Project expects to incur substantial binding obligations to be paid 227 of 994 -32- for with money received from the sale of the portion of the Bonds allocable to the Capital Improvement Project, said binding obligations comprising binding contracts for the Capital Improvement Project in not less than the amount of 5% of the proceeds of the portion of the Bonds allocable to the Capital Improvement Project. (2) The City expects that more than 85% of the proceeds of the portion of the Bonds allocable to the Capital Improvement Project will be expended on or before three years for the purpose of paying the costs of the Capital Improvement Project. (3) The City expects that all of the principal proceeds of the portion of the Bonds allocable to the Capital Improvement Project and investment earnings thereon will be used, needed, and expended for the purpose of paying the costs of the Capital Improvement Project including expenses incidental thereto. (4) Work on the Capital Improvement Project is expected to proceed with due diligence to completion. (5) Except for the Bond Fund, the City has not created or established and will not create or establish any sinking fund reserve fund or any other similar fund to provide for the payment of the Bonds. The Bond Fund has been established and will be funded in a manner primarily to achieve a proper matching of revenues and debt service and will be depleted at least annually to an amount not in excess of 1/12th the particular annual debt service on the Bonds. Money deposited into the Bond Fund will be spent within a 13-month period beginning on the date of deposit, and investment earnings in the Bond Fund will be spent or withdrawn from the Bond Fund within a one-year period beginning on the date of receipt. (6) Amounts of money related to the Bonds of any Series required to be invested at a yield not materially higher than the yield on the Bonds of such Series, as 228 of 994 -33- determined pursuant to such tax certifications or agreements as the City officers may make in connection with the issuance of such Bonds, shall be so invested; and appropriate City officers are hereby authorized to make such investments. (7) Unless an applicable exception to Section 148(f) of the Code, relating to the rebate of “excess arbitrage profits” to the United States Treasury (the “Rebate Requirement”) is available to the City, the City will meet the Rebate Requirement. (8) Relating to applicable exceptions, any City officer charged with issuing the Bonds is hereby authorized to make such elections under the Code as such officer shall deem reasonable and in the best interests of the City. C. None of the proceeds of the Bonds of any Series will be used to pay, directly or indirectly, in whole or in part, for an expenditure that has been paid by the City prior to the date hereof except architectural or engineering costs incurred prior to commencement of any of the Capital Improvement Project or expenditures for which an intent to reimburse it as properly declared under Treasury Regulations Section 1.150-2. This Ordinance is in itself a declaration of official intent under Treasury Regulations Section 1.150-2 as to all costs of the Capital Improvement Project paid after the date hereof and prior to issuance of the Bonds. Section 18. Municipal Bond Insurance. In the event the payment of principal of and interest on a Series of the Bonds is insured pursuant to a municipal bond insurance policy (a “Municipal Bond Insurance Policy”) issued by a bond insurer (a “Bond Insurer”), and as long as such Municipal Bond Insurance Policy shall be in full force and effect, the City and the Bond Registrar agree to comply with such usual and reasonable provisions regarding presentment and payment of such Bonds, subrogation of the rights of the Bondholders to the Bond Insurer when holding such Bonds, amendment hereof, or other terms, as approved by any of the City officers 229 of 994 -34- on advice of counsel, his or her approval to constitute full and complete acceptance by the City of such terms and provisions under authority of this Section. Section 19. Rights and Duties of Bond Registrar. If requested by the Bond Registrar, any officer of the City is authorized to execute a mutually agreeable form of agreement between the City and the Bond Registrar with respect to the obligations and duties of the Bond Registrar under this Ordinance. In addition to the terms of such agreement and subject to modification thereby, the Bond Registrar by acceptance of duties under this Ordinance agrees (a) to act as bond registrar, paying agent, authenticating agent, and transfer agent as provided herein; (b) to maintain a list of Bondholders as set forth herein and to furnish such list to the City upon request, but otherwise to keep such list confidential to the extent permitted by law; (c) to cancel and/or destroy Bonds which have been paid at maturity or submitted for exchange or transfer; (d) to furnish the City at least annually a certificate with respect to Bonds cancelled and/or destroyed; and (e) to furnish the City at least annually an audit confirmation of Bonds paid, Bonds outstanding, and payments made with respect to interest on the Bonds. The City covenants with respect to the Bond Registrar, and the Bond Registrar further covenants and agrees as follows: (A) The City shall at all times retain a Bond Registrar with respect to the Bonds; it will maintain at the designated office(s) of such Bond Registrar a place or places where Bonds may be presented for payment, registration, transfer, or exchange; and it will require that the Bond Registrar properly maintain the Bond Register and perform the other duties and obligations imposed upon it by this Ordinance in a manner consistent with the standards, customs and practices of the municipal securities industry. (B) The Bond Registrar shall signify its acceptance of the duties and obligations imposed upon it by this Ordinance by executing the certificate of authentication on any Bond, and by such execution the Bond Registrar shall be deemed to have certified to the 230 of 994 -35- City that it has all requisite power to accept and has accepted such duties and obligations not only with respect to the Bond so authenticated but with respect to all the Bonds. Any Bond Registrar shall be the agent of the City and shall not be liable in connection with the performance of its duties except for its own negligence or willful wrongdoing. Any Bond Registrar shall, however, be responsible for any representation in its certificate of authentication on Bonds. (C) The City may remove the Bond Registrar at any time. In case at any time the Bond Registrar shall resign, shall be removed, shall become incapable of acting, or shall be adjudicated a bankrupt or insolvent, or if a receiver, liquidator, or conservator of the Bond Registrar or of the property thereof shall be appointed, or if any public officer shall take charge or control of the Bond Registrar or of the property or affairs thereof, the City covenants and agrees that it will thereupon appoint a successor Bond Registrar. The City shall give notice of any such appointment made by it to each registered owner of any Bond within twenty days after such appointment in any reasonable manner as the City shall select. Any Bond Registrar appointed under the provisions of this Section shall be a bank, trust company, or national banking association maintaining a corporate trust office in Illinois or New York, and having capital and surplus and undivided profits in excess of $100,000,000. The City Clerk of the City is hereby directed to file a certified copy of this Ordinance with the Bond Registrar. Section 20. Defeasance. Any Bond or Bonds (a) which are paid and cancelled; (b) which have matured and for which sufficient sums been deposited with the Bond Registrar to pay all principal and interest due thereon; or (c) (i) for which sufficient funds and Defeasance Obligations have been deposited with the Bond Registrar or similar institution to pay, taking into account investment earnings on such obligations, all principal of and interest on such Bond or 231 of 994 -36- Bonds when due at maturity, pursuant to an irrevocable escrow or trust agreement, (ii) accompanied by an opinion of Bond Counsel or Other Bond Counsel as to compliance with the covenants with respect to such Bonds, and (iii) accompanied by an express declaration of defeasance by the Corporate Authorities; shall cease to have any lien on or right to receive or be paid from Bond Moneys or the Bond Fund hereunder and shall no longer have the benefits of any covenant for the registered owners of outstanding Bonds as set forth herein as such relates to lien and security of the outstanding Bonds. All covenants relative to the Tax-exempt status of Tax- exempt Bonds; and payment, registration, transfer, and exchange; are expressly continued for all affected Bonds whether outstanding Bonds or not. For purposes of this section, “Defeasance Obligations” means (a) noncallable, non-redeemable, direct and general full faith and credit obligations of the United States Treasury (“Directs”), (b) certificates of participation or trust receipts in trusts comprised wholly of Directs or (c) other noncallable, non-redeemable, obligations unconditionally guaranteed as to timely payment to maturity by the United States Treasury. Section 21. Publication of Ordinance. A full, true, and complete copy of this Ordinance shall be published within ten days after passage in pamphlet form by authority of the Corporate Authorities. Section 22. Severability. If any section, paragraph, clause, or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause, or provision shall not affect any of the other provisions of this Ordinance. 232 of 994 -37- Section 23. Superseder and Effective Date. All ordinances, resolutions, and orders, or parts thereof, in conflict with this Ordinance, are to the extent of such conflict hereby superseded; and this Ordinance shall be in full force and effect immediately upon its passage, approval and publication. ADOPTED: This 22nd day of July, 2013. AYES: _______________________________________________________________ NAYS: _______________________________________________________________ ABSENT: _______________________________________________________________ WITNESS: July 22, 2013 _______________________________ Mayor, City of Evanston Cook County, Illinois Published in pamphlet form by authority of the Corporate Authorities on July __, 2013. ATTEST: ____________________________________ City Clerk, City of Evanston Cook County, Illinois 233 of 994 EXTRACT OF MINUTES of the regular public meeting of the City Council of the City of Evanston, Cook County, Illinois, held at the City Hall, located at 2100 Ridge Avenue, in said City, at ____ p.m., on Monday, the 8th day of July, 2013. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called, the Mayor, Elizabeth B. Tisdahl, being physically present at such place and time, and the following Aldermen, being physically present at such place and time, answered present: __________________________________________________________ _____________________________________________________________________________ . The following Aldermen were allowed by a majority of the Aldermen in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: _____________________________________________________________ . No Alderman was denied permission to attend the meeting by video or audio conference. The following Aldermen were absent and did not participate in the meeting in any manner or to any extent whatsoever: _____________________________________________________ . * * * * * * * * * * * * There being a quorum present, various business of the City was conducted. * * * * * * * * * * * * The City Council then discussed a proposed capital improvement program for the City and considered the introduction of an ordinance providing for the issuance of one or more series of General Obligation Corporate Purpose Bonds, Series 2013 of the City, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. Thereupon, Alderman _______________ presented an ordinance entitled: 234 of 994 -2- AN ORDINANCE providing for the issuance of one or more series of not to exceed $12,700,000 General Obligation Corporate Purpose Bonds, Series 2013, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. (the “Bond Ordinance”). A discussion of the matter followed. During the discussion, Alderman __________ gave a public recital of the nature of the matter, which included a reading of the title of the Bond Ordinance and review of the certain provisions of the ordinance, and the following further information. [Here insert further statements, if any] 235 of 994 -3- Alderman _______________ moved and Alderman _______________ seconded the motion that the Bond Ordinance as presented be introduced. The Mayor directed that the roll be called for a vote upon the motion to introduce the ordinance. Upon the roll being called, the following Aldermen voted AYE: ____________________ _____________________________________________________________________________ . and the following Aldermen voted NAY: ____________________________________________ WHEREUPON, the Mayor declared the motion carried and the ordinance introduced, and henceforth did approve and sign the same in open meeting, and did direct the City Clerk to record the same in full in the records of the City of Evanston, Cook County, Illinois. * * * * * * * * * * * * Other business was duly transacted at said meeting. * * * * * * * * * * * * Upon motion duly made and carried, the meeting adjourned. City Clerk 236 of 994 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION OF AGENDA AND INTRODUCTION MINUTES I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and as such official I am the keeper of the official journal of proceedings, books, records, minutes, and files of the City and of the City Council (the “Corporate Authorities”) of the City. I do further certify that the foregoing extract of minutes is a full, true, and complete transcript of that portion of the minutes of the meeting (the “Meeting”) of the Corporate Authorities held on the 8th day of July, 2013 insofar as the same relates to the introduction of an ordinance, numbered 84-O-13, entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $12,700,000 General Obligation Corporate Purpose Bonds, Series 2013, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. (the “Ordinance”) a true, correct, and complete copy of which Ordinance as introduced at the Meeting appears in the foregoing transcript of the minutes of the Meeting. I do further certify that the deliberations of the Corporate Authorities on the introduction of the Ordinance were taken openly; that the vote on the introduction of the Ordinance was taken openly; that the Meeting was held at a specified time and place convenient to the public; that notice of the Meeting was duly given to all newspapers, radio or television stations, and other news media requesting such notice; that an agenda (the “Agenda”) for the Meeting was posted at the location where the Meeting was held and at the principal office of the Corporate Authorities (both such locations being at City Hall) at least 48 hours in advance of the Meeting and also not 237 of 994 -2- later than 5:00 p.m. on Friday, July 5, 2013 and remained continuously so posted until the adjournment of the Meeting; that said Agenda contained a separate specific item relating to the consideration of the Ordinance and that a true, correct, and complete copy of said Agenda as so posted is attached to this certificate; that the Meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended; and the Illinois Municipal Code, as amended; and that the Corporate Authorities have complied with all of the provisions of such Act and Code and with all of the procedural rules of the Corporate Authorities in the adoption of the Ordinance. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of the City this ____ day of July, 2013. _______________________________ City Clerk [SEAL] 238 of 994 EXTRACT OF MINUTES of the regular public meeting of the City Council of the City of Evanston, Cook County, Illinois, held at the City Hall, located at 2100 Ridge Avenue, in said City, at ____ p.m., on Monday, the 22nd day of July 2013. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called, the Mayor, Elizabeth B. Tisdahl, being physically present at such place and time, and the following Aldermen, being physically present at such place and time, answered present: __________________________________________________________ _____________________________________________________________________________ . The following Aldermen were allowed by a majority of the Aldermen in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: _____________________________________________________________ . No Alderman was denied permission to attend the meeting by video or audio conference. The following Aldermen were absent and did not participate in the meeting in any manner or to any extent whatsoever: _____________________________________________________ . * * * * * * * * * * * * There being a quorum present, various business of the City was conducted. * * * * * * * * * * * * The City Council then discussed a proposed capital improvement program for the City and considered an ordinance providing for the issuance of one or more series of General Obligation Corporate Purpose Bonds, Series 2013 of the City, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. Thereupon, Alderman _______________ presented an ordinance entitled: 239 of 994 -2- AN ORDINANCE providing for the issuance of one or more series of not to exceed $12,700,000 General Obligation Corporate Purpose Bonds, Series 2013, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. (the “Bond Ordinance”). A discussion of the matter followed. During the discussion, Alderman __________ gave a public recital of the nature of the matter, which included a reading of the title of the Bond Ordinance and review of the section headings, and the following further information. [Here insert further statements, if any] 240 of 994 -3- Alderman _______________ moved and Alderman _______________ seconded the motion that the Bond Ordinance as presented be adopted. The Mayor directed that the roll be called for a vote upon the motion to adopt the ordinance. Upon the roll being called, the following Aldermen voted AYE: ____________________ _____________________________________________________________________________ . and the following Aldermen voted NAY: ____________________________________________ WHEREUPON, the Mayor declared the motion carried and the ordinance adopted, and henceforth did approve and sign the same in open meeting, and did direct the City Clerk to record the same in full in the records of the City of Evanston, Cook County, Illinois. * * * * * * * * * * * * Other business was duly transacted at said meeting. * * * * * * * * * * * * Upon motion duly made and carried, the meeting adjourned. City Clerk 241 of 994 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION OF AGENDA, ADOPTION MINUTES AND ORDINANCE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and as such official I am the keeper of the official journal of proceedings, books, records, minutes, and files of the City and of the City Council (the “Corporate Authorities”) of the City. I do further certify that the foregoing extract of minutes is a full, true, and complete transcript of that portion of the minutes of the meeting (the “Meeting”) of the Corporate Authorities held on the 22nd day of July 2013 insofar as the same relates to the adoption of an ordinance, numbered 84-O-13, entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $12,700,000 General Obligation Corporate Purpose Bonds, Series 2013, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. (the “Ordinance”) a true, correct, and complete copy of which Ordinance as adopted at the Meeting appears in the foregoing transcript of the minutes of the Meeting. I do further certify that the deliberations of the Corporate Authorities on the adoption of the Ordinance were taken openly; that the vote on the adoption of the Ordinance was taken openly; that the Meeting was held at a specified time and place convenient to the public; that notice of the Meeting was duly given to all newspapers, radio or television stations, and other news media requesting such notice; that an agenda (the “Agenda”) for the Meeting was posted at the location where the Meeting was held and at the principal office of the Corporate Authorities (both such locations being at City Hall) at least 48 hours in advance of the Meeting and also not 242 of 994 -2- later than 5:00 p.m. on Friday, July 19, 2013; that said Agenda contained a separate specific item relating to the consideration of the Ordinance and that a true, correct, and complete copy of said Agenda as so posted is attached to this certificate; that the Meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended; and the Illinois Municipal Code, as amended; and that the Corporate Authorities have complied with all of the provisions of such Act and Code and with all of the procedural rules of the Corporate Authorities in the adoption of the Ordinance. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of the City this ____ day of July 2013. _______________________________ City Clerk [SEAL] 243 of 994 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATE OF PUBLICATION IN PAMPHLET FORM I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and as such official I am the keeper of the official journal of proceedings, books, records, minutes, and files of the City and of the City Council (the “Corporate Authorities”) of the City. I do further certify that on the ____ day of July 2013 there was published in pamphlet form, by authority of the City Council, a true, correct, and complete copy of Ordinance Number 84-O-13 of the City entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $12,700,000 General Obligation Corporate Purpose Bonds, Series 2013, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. and providing for the issuance of said bonds, and that the ordinance as so published was on that date readily available for public inspection and distribution, in sufficient number so as to meet the needs of the general public, at my office as City Clerk located in the City. IN WITNESS WHEREOF I have affixed hereto my official signature and the seal of the City this ____ day of July 2013. _______________________________ City Clerk [SEAL] 244 of 994 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATE OF FILING I do hereby certify that I am the duly qualified and acting County Clerk of The County of Cook, Illinois, and as such officer I do hereby certify that on the ____ day of July 2013 there was filed in my office a properly certified copy of Ordinance Number 84-O-13, duly adopted by the City Council of the City of Evanston, Cook County, Illinois, on the 22nd day of July 2013 and entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $12,700,000 General Obligation Corporate Purpose Bonds, Series 2013, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. and approved by the Mayor of said City, and that the same has been deposited in, and all as appears from, the official files and records of my office. IN WITNESS WHEREOF I have hereunto affixed my official signature and the seal of The County of Cook, Illinois, this ____ day of July 2013. _______________________________ County Clerk of The County of Cook, Illinois [SEAL] 245 of 994 PRELIMINARY OFFICIAL STATEMENT DATED JULY __, 2013 NEW ISSUE GLOBAL BOOK ENTRY Ratings: Moody’s: “Aa1” Fitch: “___” (See “BOND RATINGS” herein) Subject to compliance by the City with certain covenants, in the opinion of Chapman and Cutler LLP, Bond Counsel, under present law, interest on the Bonds is excludable from gross income of the owners thereof for federal income tax purposes and is not included as an item of tax preference in computing the federal alternative minimum tax for individuals and corporations, but such interest is taken into account in computing an adjustment used in determining the federal alternative minimum tax for certain corporations. The interest on the Bonds is not exempt from present State of Illinois income taxes. See “TAX EXEMPTION” and “Form of Legal Opinion” herein for a more complete discussion. The Bonds will not be designated as “qualified tax-exempt obligations” under Section 265(b)(3) of the Code. City of Evanston Cook County, Illinois $12,700,000* General Obligation Corporate Purpose Bonds, Series 2013A Dated: Date of Delivery Due: December 1, as shown on inside cover The $12,700,000* General Obligation Corporate Purpose Bonds, Series 2013A (the “Bonds”) of the City of Evanston, Cook County, Illinois (the “City”), will bear interest from their dated date at the rates per annum as shown on the inside cover page. Interest on the Bonds (computed on the basis of a 360-day year consisting of twelve 30 day months) will be payable semi-annually on each June 1 and December 1, commencing June 1, 2014. The Bonds will be issued in integral multiples of $5,000. The Bonds are subject to redemption prior to their maturity as more fully described in this Official Statement. See “THE BONDS – Optional Redemption” herein. The Bonds will be issued in book-entry form, as registered in the name of Cede & Co., as registered owner and nominee of The Depository Trust Company, New York, New York (“DTC”). Payments of principal and interest on the Bonds will be made by Wells Fargo Bank, N.A., Chicago, Illinois, as paying agent and bond registrar (the “Bond Registrar”) to Cede & Co., which will, in turn, remit such payments to the DTC participants for subsequent disbursements to the Beneficial Owners (as defined in this Official Statement) of the Bonds. Purchases of the Bonds will be made in book-entry-only form and individual purchasers will not receive physical delivery of bond certificates. In the opinion of Chapman and Cutler LLP, Bond Counsel, the Bonds will be a valid and legally binding general obligation of the City, except that the rights of the owners of the Bonds and the enforceability of the Bonds may be limited by bankruptcy, insolvency, moratorium, reorganization and other similar laws affecting creditors’ rights and by equitable principles, whether considered at law or in equity, including the exercise of judicial discretion, and all taxable property in the City will be subject to the levy of taxes to pay the same without limitation as to rate or amount. The City will furnish the written approving opinion of Chapman and Cutler LLP as to the legality of the Bonds and the exemption of interest on the Bonds from federal income taxes. Such opinion is to be based on Bond Counsel’s examination of the law and a certified copy of the record of proceedings relating to the issuance of the Bonds. Financial Advisor: Public Financial Management, Inc. Not Bank Qualified: The Bonds will not be designated as “qualified tax-exempt obligations.” Bids Received and Opened: Wednesday, July 31, 2013 at 10:00 A.M. Central Time Offices of Public Financial Management, Inc., Milwaukee, Wisconsin Bids Considered: Wednesday, July 31, 2013 Delivery: Delivery of the Bonds is expected on August 15, 2013 * Preliminary, subject to change. (THIS COVER PAGE CONTAINS CERTAIN INFORMATION FOR QUICK REFERENCE ONLY. IT IS NOT A SUMMARY OF THIS ISSUE. INVESTORS MUST READ THE ENTIRE OFFICIAL STATEMENT TO OBTAIN INFORMATION ESSENTIAL TO THE MAKING OF AN INFORMED INVESTMENT DECISION.) This Preliminary Official Statement and the information contained herein are subject to completion or amendment in the Official Statement delivered in final form. These securities may not be sold nor may offers to buy be accepted prior to the time the Official Statement is delivered in final form. Under no circumstances shall this Preliminary Official Statement constitute an offer to sell or an offer to buy nor shall there be any sale of these securities in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration, qualification or exemption, under the securities law of any such jurisdiction. DRAFT 7/02/2013 246 of 994 MATURITIES, RATES AND YIELDS $12,700,000 General Obligation Corporate Purpose Bonds, Series 2013A Year Amount* Interest Rate* Yield* CUSIP* 2014 $ 85,000 _____% _____% 2015 615,000 _____% _____% 2016 625,000 _____% _____% 2017 630,000 _____% _____% 2018 640,000 _____% _____% 2019 650,000 _____% _____% 2020 665,000 _____% _____% 2021 675,000 _____% _____% 2022 695,000 _____% _____% 2023 710,000 _____% _____% 2024 730,000 _____% _____% 2025 750,000 _____% _____% 2026 750,000 _____% _____% 2027 580,000 _____% _____% 2028 595,000 _____% _____% 2029 615,000 _____% _____% 2030 640,000 _____% _____% 2031 660,000 _____% _____% 2032 685,000 _____% _____% 2033 705,000 _____% _____%  Preliminary, subject to change. Par amount, interest rates, and reoffering yields or prices will be set forth in the final Official Statement described herein. 247 of 994 - Certain information in this Official Statement has been obtained by the City of Evanston, Illinois, from The Depository Trust Company and other non-City sources that the City believes to be reliable. No representation or warranty is made, however, as to the accuracy or completeness of that information. Nothing contained in this Official Statement is a promise or representation by the Underwriter. This Official Statement is being used in connection with the sale of the Bonds referred to in this Official Statement and may not be used, in whole or in part, for any other purpose. No dealer, broker, salesman or other person is authorized to give any representations concerning the Bonds other than those contained in this Official Statement, and if given or made, such other information or representations may not be relied upon as statements of the City. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the Bonds by any person in any jurisdiction in which it is unlawful to make such an offer, solicitation or sale. Unless otherwise indicated, the City is the source of the tables and statistical and financial information contained in this Official Statement. The information and opinions expressed in this Official Statement are subject to change without notice. Neither the delivery of this Official Statement nor any sale made under this Official Statement shall, under any circumstances, create any implication that there has been no change in the financial condition or operations of the City or other information in this Official Statement, since the date of this Official Statement. This Official Statement should be considered in its entirety. No one factor should be considered less important than any other by reason of its position in this Official Statement. Where statutes, ordinances, reports or other documents are referred to in this Official Statement, reference should be made to those documents for more complete information regarding their subject matter. The Bonds will not be registered under the Securities Act of 1933, as amended, or the securities law of any state of the United States, and will not be listed on any stock or other securities exchange. Neither the Securities and Exchange Commission nor any other federal, state, municipal or other governmental entity shall have passed upon the accuracy or adequacy of this Official Statement. IN CONNECTION WITH THE OFFERING OF THE BONDS, THE UNDERWRITER MAY OR MAY NOT OVERALLOT OR EFFECT TRANSACTIONS THAT STABILIZE OR MAINTAIN THE MARKET PRICES OF THE BONDS AT LEVELS ABOVE THOSE WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME WITHOUT NOTICE. THE PRICES AND OTHER TERMS RESPECTING THE OFFERING AND SALE OF THE BONDS MAY BE CHANGED FROM TIME TO TIME BY THE UNDERWRITER AFTER THE BONDS ARE RELEASED FOR SALE AND THE BONDS MAY BE OFFERED AND SOLD AT PRICES OTHER THAN THE INITIAL OFFERING PRICES, INCLUDING SALES TO DEALERS WHO MAY SELL THE BONDS INTO INVESTMENT ACCOUNTS. THE CITY IS NOT PARTY TO OR LIABLE FOR ANY OF THESE ACTIVITIES. 248 of 994 i CITY OF EVANSTON 2100 Ridge Avenue Evanston, Illinois 60201 (847) 328-2100 MAYOR Elizabeth B. Tisdahl CITY COUNCIL 1st Ward Judy Fiske 2nd Ward Peter Braithwaite 3rd Ward Melissa A. Wynne 4th Ward Donald N. Wilson 5th Ward Delores A. Holmes 6th Ward Mark Tendam 7th Ward Jane Grover 8th Ward Ann Rainey 9th Ward Coleen Burrus CITY CLERK Rodney Greene CITY ADMINISTRATION City Manager Wally Bobkiewicz Assistant City Manager/Treasurer Martin Lyons Corporation Counsel Grant Farrar PROFESSIONAL SERVICES Bond Counsel Chapman and Cutler LLP Chicago, Illinois Financial Advisor Public Financial Management, Inc. Auditor Baker Tilly Virchow Krause & Company, LLP Oak Brook, Illinois 249 of 994 ii TABLE OF CONTENTS Page INTRODUCTION ......................................................................................................................................................... 1  PURPOSE OF THE BONDS ........................................................................................................................................ 1  SOURCES AND USES OF FUNDS ............................................................................................................................. 2  SECURITY FOR THE BONDS .................................................................................................................................... 2  General Obligation of the City .................................................................................................................................. 2  Alternative Sources of Payment ................................................................................................................................ 2  THE BONDS ................................................................................................................................................................. 2  General ...................................................................................................................................................................... 2  Optional Redemption ................................................................................................................................................ 3  Redemption Procedures ............................................................................................................................................ 3  Book-Entry-Only System.......................................................................................................................................... 3  Continuing Disclosure .............................................................................................................................................. 5  THE CITY ..................................................................................................................................................................... 6  General ...................................................................................................................................................................... 6  Northwestern University ........................................................................................................................................... 6  Government .............................................................................................................................................................. 6  Administration .......................................................................................................................................................... 7  Development Activity and City Layout .................................................................................................................... 7  Labor Relations ......................................................................................................................................................... 8  DEMOGRAPHIC DATA .............................................................................................................................................. 8  Education and Employment ...................................................................................................................................... 9  Population ............................................................................................................................................................... 10  THE ECONOMY ........................................................................................................................................................ 10  Transportation ......................................................................................................................................................... 11  Employment ............................................................................................................................................................ 11  Industry ................................................................................................................................................................... 11  Unemployment ....................................................................................................................................................... 12  FINANCES .................................................................................................................................................................. 12  Budget Process, Accounting and Financial Control Procedures ............................................................................. 12  Financial Statements and Independent Audits ........................................................................................................ 13  Cash Management ................................................................................................................................................... 13  Revenues ................................................................................................................................................................. 13  FY 2011/2012 Budgets ........................................................................................................................................... 14  Summary of Financial Information ......................................................................................................................... 14  Pension Fund Obligations ....................................................................................................................................... 17  Insurance Coverage ................................................................................................................................................. 17  GENERAL OBLIGATION BONDED INDEBTEDNESS ......................................................................................... 18  Outstanding General Obligation Debt ..................................................................................................................... 18  Overlapping Debt .................................................................................................................................................... 20  Debt Ratios ............................................................................................................................................................. 21  General Obligation Debt Trends ............................................................................................................................. 21  Future Financings ................................................................................................................................................... 21  250 of 994 - REAL PROPERTY TAXATION ................................................................................................................................ 22  Tax Increment Financing ........................................................................................................................................ 23  Special Service Areas ............................................................................................................................................. 23  City Property Taxes ................................................................................................................................................ 24  Real Property Assessment, Tax Levy and Collection Procedures .......................................................................... 25  TAX EXEMPTION ..................................................................................................................................................... 28  Not Qualified Tax-Exempt Obligations .................................................................................................................. 29  BOND RATINGS........................................................................................................................................................ 30  UNDERWRITING ...................................................................................................................................................... 30  LITIGATION .............................................................................................................................................................. 30  FINANCIAL ADVISOR ............................................................................................................................................. 30  LEGAL MATTERS .................................................................................................................................................... 30  CLOSING CERTIFICATE ......................................................................................................................................... 31  APPENDIX A – City of Evanston Annual Financial Report for Fiscal Year Ended December 31, 2012 (Excerpts) APPENDIX B – Form of Legal Opinion APPENDIX C – Form of Continuing Disclosure Undertaking APPENDIX D – Offical Notice of Sale 251 of 994 1 OFFICIAL STATEMENT Relating to CITY OF EVANSTON COOK COUNTY, ILLINOIS $12,700,000 General Obligation Corporate Purpose Bonds, Series 2013A INTRODUCTION This Official Statement sets forth information concerning the offer by the City of Evanston, Cook County, Illinois (the “City”), of the $12,700,000* General Obligation Corporate Purpose Bonds, Series 2013A (the “Bonds”). The Bonds are authorized pursuant to and in accordance with the “home rule” powers granted to the City under Article VII, Section 6 of the Illinois Constitution of 1970 and a bond ordinance of the City adopted on June 24, 2012 (as supplemented by the bond order executed in connection therewith, the “Bond Ordinance”). The Bonds are a general obligation of the City to which the City pledges its full faith and credit with a claim for payment from ad valorem taxes levied upon all taxable property in the City, without limitation as to rate or amount. See “SECURITY FOR THE BONDS.” The City, with a population in 2010 of 75,549, is located along Lake Michigan immediately north of Chicago, Illinois. Evanston includes residential neighborhoods and parks and a major revitalized central business area of shops, restaurants, theaters, offices and corporate headquarters, neighborhood shopping areas, hospitals and universities. The City is the home of Northwestern University, with about 10,000 students and 5,000 employees at its Evanston campus. The City’s per capita and median family incomes are substantially higher than Cook County and State of Illinois (the “State”) levels. See “DEMOGRAPHIC DATA.” PURPOSE OF THE BONDS The Bonds are being issued (i) to provide financing for certain public improvement projects within the City, (ii) to make a deposit into certain debt service funds of the City’s Sewerage System for purposes of paying certain outstanding obligations on their respective scheduled payment dates, and (iii) to pay for costs of issuance associated with the Bonds. Capital Projects Borrowing Project Fund Amount Fund 415 (General) $ 8,400,000 Fund 510 (Water) 2,000,000 Fund 420 (Special Assessment) 236,000 Total $ 10,636,000  Preliminary, subject to change. 252 of 994 2 SOURCES AND USES OF FUNDS The proceeds of the Bonds are expected to be applied as follows: Estimated Sources: Par Amount of Bonds $ 12,700,000 Est. Interest Earnings 5,000 Total Sources of Funds $ 12,705,000 Estimated Uses: Capital Projects Accounts $ 10,636,000 Sewerage System Debt Service Fund 2,000,000 Est. Cost of Issuance 64,000 2013A Debt Service Fund 5,000 Total Uses of Funds $ 12,705,000 SECURITY FOR THE BONDS General Obligation of the City The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and interest on the Bonds. The Bonds are direct and general obligations of the City, and the City is obligated to levy ad valorem taxes upon all the taxable property in the City for the payment of the Bonds and the interest thereon, without limitation as to rate or amount. Pursuant to the Bond Ordinance, the City may, before the deadline for the filing of an abatement of taxes levied by the City for any year, adopt an ordinance abating taxes levied by the Bond Ordinance for that year to the extent that it finds that sufficient funds of the City will be on hand and available to pay principal of and interest on the Bonds during the period otherwise provided for from that levy. The City has created a separate debt service fund for the Bonds. Alternative Sources of Payment It has been the City’s practice to utilize a variety of revenue sources for repayment of its general obligation bonds, in addition to its ad valorem property taxes. For the Bonds these alternative sources are expected to include sales taxes, water and sewer service charges, special assessments, parking revenues, Tax Increment Financing (“TIF”) and taxes levied for special service areas in the City to make payments on its general obligation indebtedness. Although these revenue sources are not pledged to the payment of, and do not secure, the Bonds, the City expects to utilize certain of these sources to pay debt service on the Bonds, permitting the abatement of a portion of the property taxes levied in the Bond Ordinance. THE BONDS General The Bonds will be issuable as fully registered Bonds and will be initially dated the Date of Delivery. The Bonds mature on the dates and in the amounts, and bear interest from the “Dated Date” until paid at the rates as set forth on the inside cover of this Official Statement. The Bonds are issuable in denominations of integral multiples of $5,000. Interest is payable on June 1 and December 1 of each year. The first interest payment date is June 1, 2014. The principal and redemption price of the Bonds are payable in lawful money of the United States of America upon presentation at the office maintained for that purpose by Wells Fargo Bank, N.A., Chicago, Illinois, as paying agent and bond registrar (the “Bond Registrar”). Payment of interest shall be made to the registered owner of the Bonds as shown on the registration books of the City maintained by the Bond Registrar at the close of business on the applicable Record Date. The Record Date shall be the 15th day of the month preceding any regular 253 of 994 3 or other interest payment date occurring on the first day of any month and, otherwise, 15 days preceding any interest payment date occasion by the redemption of Bonds on other than the first day of a month. Interest shall be paid by check or draft of the Bond Registrar, payable upon presentation in lawful money of the United States of America, mailed to the address of the registered owner as it appears on such registration books, or at such other address furnished in writing by the registered owner to the Bond Registrar, or as otherwise agreed by the City and the Bond Registrar for so long as this Bond is held by a qualified securities clearing corporation as depository, or nominee, in book-entry form. The Bonds will be initially registered in the name of Cede & Co., as nominee of the Depository. The Depository will act as securities depository for the Bonds. Individual purchases may be made in book-entry form only, in the principal amount of $5,000 or integral multiples thereof. Purchasers will not receive certificates representing their interest in the Bonds purchased. Optional Redemption The Bonds maturing on December 1, 2024, and thereafter are subject to redemption prior to maturity at the option of the City on December 1, 2023 and any date thereafter, in whole or in part and if in part in such principal amounts and from such maturities as the City shall determine and within any maturity by lot at a redemption price of par plus accrued interest to the date fixed for redemption. Redemption Procedures The City will, at least 45 days prior to any optional redemption date (unless a shorter time period shall be satisfactory to the Bond Registrar), notify the Bond Registrar of such redemption date and of the principal amount and maturity or maturities of Bonds to be redeemed. For purposes of any redemption of less than all of the outstanding Bonds of a single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected by lot by the Bond Registrar from the Bonds of such maturity by such method of lottery as the Bond Registrar shall deem fair and appropriate (except when the Bonds are held in a book-entry system, in which case the selection of Bonds to be redeemed will be made in accordance with procedures established by DTC or any other book entry depository); provided that such lottery shall provide for the selection for redemption of Bonds or portions thereof in principal amounts of $5,000 and integral multiples thereof. Unless waived by any holder of Bonds to be redeemed, notice of the call for any redemption will be given by the Bond Registrar on behalf of the City by mailing the redemption notice by first-class mail at least 30 days and not more than 60 days prior to the date fixed for redemption to each registered owner of the Bonds to be redeemed at the address shown on the Register or at such other address as is furnished in writing by such registered owner to the Bond Registrar. All official notices of redemption shall include at least the information as follows: (a) the redemption date; (b) the redemption price; (c) if less than all of the outstanding Bonds of a particular maturity are to be redeemed, the identification (and, in the case of partial redemption of Bonds within such maturity, the respective principal amounts) of the Bonds to be redeemed; (d) a statement that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption and that interest thereon shall cease to accrue from and after said date; and (e) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal office maintained for the purpose by the Bond Registrar. Book-Entry-Only System The information contained in the following paragraphs of this subsection “Book-Entry-Only System” has been extracted from a schedule prepared by The Depository Trust Company (“DTC”) entitled “SAMPLE OFFERING DOCUMENT LANGUAGE DESCRIBING BOOK-ENTRY-ONLY ISSUANCE.” The City makes no representation as to the completeness or the accuracy of such information or as to the absence of material adverse changes in such information subsequent to the date hereof. The Depository Trust Company (“DTC”), New York, NY, will act as securities depository for the Bonds. The Bonds will be issued as fully-registered securities registered in the name of Cede & Co. (DTC’s partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully-registered certificate will be issued for each annual maturity of each series of the Bonds, each in the aggregate principal amount of such annual maturity, and such certificates will be deposited with DTC. 254 of 994 4 DTC, the world’s largest securities depository, is a limited-purpose trust company organized under the New York Banking Law, a “banking organization” within the meaning of the New York Banking Law, a member of the Federal Reserve System, a “clearing corporation” within the meaning of the New York Uniform Commercial Code, and a “clearing agency” registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC’s participants (“Direct Participants”) deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book- entry transfers and pledges between Direct Participants’ accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation (“DTCC”). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (“Indirect Participants”). DTC has a Standard & Poor’s rating of AA+. The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com. Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC’s records. The ownership interest of each actual purchaser of each Security (“Beneficial Owner”) is in turn to be recorded on the Direct and Indirect Participants’ records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in Bonds, except in the event that use of the book-entry system for the Bonds is discontinued. To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC’s partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC’s records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Redemption notices shall be sent to DTC. If less than all of the Bonds within an issue are being redeemed, DTC’s practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to Bonds unless authorized by a Direct Participant in accordance with DTC’s MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.’s consenting or voting rights to those Direct Participants to whose accounts Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Redemption proceeds, distributions, and interest payments on the Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC’s practice is to credit Direct Participants’ accounts upon DTC’s receipt of funds and corresponding detail information from the City or paying agent (“Agent”), on payable date in accordance with their respective holdings shown on DTC’s records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in “street name,” and will be the responsibility of such Participant and not of DTC, Agent, or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, distributions, and dividend 255 of 994 5 payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the City or Agent, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as depository with respect to the Bonds at any time by giving reasonable notice to the City or Agent. Under such circumstances, in the event that a successor depository is not obtained, certificates for the Bonds are required to be printed and delivered. The City may decide to discontinue use of the system of book-entry-only transfers through DTC (or a successor securities depository). In that event, certificates for the Bonds will be printed and delivered to DTC. The information in this section concerning DTC and DTC’s book-entry system has been obtained from sources that the City believes to be reliable, but the City takes no responsibility for the accuracy thereof. NEITHER THE CITY, NOR THE UNDERWRITER WILL HAVE ANY RESPONSIBILITY OR OBLIGATION TO PARTICIPANTS, TO INDIRECT PARTICIPANTS OR TO ANY BENEFICIAL OWNER WITH RESPECT TO (1) THE ACCURACY OF ANY RECORDS MAINTAINED BY DTC, ANY DTC PARTICIPANT OR ANY INDIRECT PARTICIPANT; (2) THE PAYMENT BY DTC, ANY DTC PARTICIPANT OR ANY INDIRECT PARTICIPANT OF ANY AMOUNT WITH RESPECT TO THE PRINCIPAL OF, PREMIUM, IF ANY, OR INTEREST ON THE BONDS; (3) ANY NOTICE WHICH IS PERMITTED OR REQUIRED TO BE GIVEN TO CERTIFICATEHOLDERS; (4) ANY CONSENT GIVEN BY DTC OR OTHER ACTION TAKEN BY DTC AS CERTIFICATEHOLDER; OR (5) THE SELECTION BY DTC, ANY DTC PARTICIPANT OR ANY INDIRECT PARTICIPANT OF ANY BENEFICIAL OWNER TO RECEIVE PAYMENT IN THE EVENT OF A PARTIAL REDEMPTION OF THE BONDS. Continuing Disclosure In order to assist the Underwriter in complying with SEC Rule 15c2-12 promulgated by the Securities and Exchange Commission, pursuant to the Securities Exchange Act of 1934 (the "Rule"), the City shall covenant pursuant to Resolutions adopted by the Governing Body to enter into an undertaking (the "Undertaking") for the benefit of holders including beneficial holders of the Bonds to provide certain financial information and operating data relating to the City annually to the Municipal Securities Rulemaking Board (the "MSRB"), and to provide notices of the occurrence of certain events enumerated in the Rule electronically or in the manner otherwise prescribed by the MSRB to the MSRB. The details and terms of the Undertaking, as well as the information to be contained in the annual report or the notices of material events, are set forth in the Continuing Disclosure Undertaking to be executed and delivered by the City at the time the Bonds are delivered. Such Undertaking will be in substantially the form attached hereto as Appendix C. A failure by the City to comply with the Undertaking will not constitute an event of default on the Bonds (although holders will have the right to obtain specific performance of the obligations under the Undertaking). Nevertheless, such a failure must be reported in accordance with the Rule, and must be considered by any broker, dealer or municipal securities dealer before recommending the purchase or sale of the Bonds in the secondary market. Consequently, such a failure may adversely affect the transferability and liquidity of the bonds and their market price. The City will file its continuing disclosure information using the MSRB’s Electronic Municipal Market Access (EMMA) system. Investors will be able to access continuing disclosure information filed with the MSRB at www.emma.msrb.org. The City inadvertently continued to utilize the Nationally Recognized Municipal Securities Information Repositories (NRMSIRs) between June 1, 2009 and July 15, 2011, in lieu of the EMMA system. Therefore, certain financial information and operating data relating to the City for the fiscal years ended February 28, 2009 and February 28, 2010 were uploaded to the EMMA system after the agreed upon 210 days after the last day of the City’s fiscal year. Bond Counsel expresses no opinion as to whether the Undertaking complies with the requirements of Section (b)(5) of the Rule. 256 of 994 6 THE CITY General The City of Evanston constitutes many communities, perspectives and qualities: it is a suburb, an urban center, a college town and lakefront community; it has leafy neighborhoods and lakefront mansions; apartment, condominium and student housing; its residents are commuters and locally employed workers; the downtown is prospering, but neighborhood commercial centers are also strong and developing. It is a part of the Chicago-land economy and has a vigorous commercial and professional economy of its own. A population of approximately 75,000 is diverse by race, religion, age, education, economics and occupation. With 8,700 people per square mile, Evanston has double the population density of the average North and Northwest suburb, and approximately half the density of Chicago. The City has over 260 acres in 75 parks and five beaches. Evanston is contiguous with Chicago, and approximately 13 miles by rapid transit, commuter rail, expressway or parkway from downtown Chicago. It borders the north shore communities of Skokie and Wilmette. In 1863, the Village of Evanston was incorporated as a town, and after several annexations, in 1892, the town became a city. The City’s southern boundary was established with the City of Chicago and the present City limits, encompassing an area of approximately 8.0 square miles, have been essentially the same ever since. The City has four miles of shoreline along Lake Michigan. Northwestern University Evanston is the home of Northwestern University, so named as it was established to serve the Northwest Territory. The University first platted the village which surrounded it. The State Legislature named the village “Evanston” in honor of Dr. John Evans, the then president of the University’s Board. Northwestern University not only gives a certain vitality to the City, it affects both City revenues and many demographic profiles of the City. Approximately 99% of the students living in university housing were included in the 2010 census, which is still unofficial at the time of the date of this Official Statement. This tends to understate demographic statistics such as the City’s per capita income, wealth per capita, assessed value per capita, etc. On the other hand, it increases revenue sharing and other grants based on population. About 4,000 students live in university housing; another 900 live in fraternities and sororities. Roughly 800 live in two graduate student-housing complexes and approximately 3,500 live off-campus, mostly in privately owned apartments in Evanston. Government The City is a home rule municipality under the Illinois Constitution. As such, it has no tax rate or debt limits, nor is it required to conduct a referendum to authorize the increase of debt or the imposition of real property taxes. The City has a Council/Manager form of government with an elected Mayor. The Mayor is elected for a four-year term. The Aldermen each represent one of nine wards and are elected to terms of four years. The City Council is organized into standing committees: Administration and Public Works, Human Services, Planning and Development and Rules. The City Council has also established several special committees and commissions and advisory boards. The City Manager is the Chief Administrative Officer of the City and is responsible for the management of all City operations under the direction of the Mayor and City Council. The City Manager appoints and supervises the directors of the City’s 10 departments. The Administrative Services Director is responsible for the central financial functions of the City. The City provides a broad range of municipal services, including police and fire protection, streets and parking, water and sewer service, public libraries, social services, health and services for the aging; beaches, parks and cultural events. The City is engaged in assisting in community and economic development and maintains land use controls. 257 of 994 7 Schools are provided by separate boards of education, governed by elected school boards. A small portion of the City is located in the Skokie Park District. Wastewater treatment is provided by the Metropolitan Water Reclamation District. Administration Wally Bobkiewicz, City Manager. Mr. Bobkiewicz is the City Manager, appointed in August 2009. Mr. Bobkiewicz is the administrative head of the Municipal government and responsible for the efficient administration of all City departments. The departments are as follows: Administrative Services, Community and Economic Development, Fire, Health, Law, Library, Parks, Recreation and Community Services, Police, Public Works and Utilities. Before working for the City of Evanston, Mr. Bobkiewicz was employed as the City Manager with Santa Paula, California. Martin Lyons, Assistant City Manager/Treasurer. Mr. Lyons is the Assistant City Manager/Treasurer and in conjunction with the City Manager, oversees and administers all the City’s departments and functions, including the City’s utilities, and serves as the City’s Treasurer. Previous to working for the City of Evanston, Mr. Lyons was the Finance Director of the Village of Downers Grove, Illinois for nine years and for the Village of LaGrange, Illinois for three years. Development Activity and City Layout The City’s downtown is a central location for over eighty restaurants (ranging from casual to high-end), hundreds of hotel rooms, a state-of-the art movie theater, several theater and dance companies, retail bookstores and numerous shops. Total EAV (“equalized assessed value” as defined herein as “Real Property Taxation”) growth in the City has grown from $1.30 billion in 1999 to $3.04 billion in 2010, representing more than 134% in growth. Evanston’s prudent use of TIF development has added significantly to this growth. The Washington National TIF grew by more than $77 million from its inception in 1994. Commercial development in the downtown area has been a priority of City government since a “Plan for Downtown Evanston/City Comprehensive Plan” was first adopted in 1980, with continuing revisions since then. Private development has been encouraged with coordination and support from the City. The City’s efforts have included enhanced public transportation through the interconnection of bus, Metra rail and the Chicago Transit Authority (the “CTA”) hubs; public art including streetscape and sidewalk amenities; creation of a commercial district to support nightlife in the City; and the utilization of two tax increment districts to provide support for the Church Street Plaza and Sherman Plaza redevelopment areas. The City also has eight neighborhood commercial districts. Central Street, Noyes Street, Chicago & Dempster, Main & Chicago and Howard & Chicago are each formed around transportation hubs. Each of these districts has distinctive features: international, specialty retail and baked goods at Central Street; theater and dining at Noyes Street; antiques, art and specialty goods at Chicago & Dempster; convenient shopping at Main & Chicago and the transportation center at Howard & Chicago, on the border of the City with Chicago. Evanston Center and Oakton Street Center, on the Southwest Side of the City, are commercial centers initiated by developers and include a large number of national retailers. Each have major anchor and supportive retail which meets the needs of the neighborhood and beyond, and were redeveloped on former vacant industrial sites. 258 of 994 8 Labor Relations The City’s four collective bargaining contracts cover the majority of the City’s 793 (full-time equivalent) employees and include Police: Teamsters Local 700 (expired on 2/29/2012); Firefighters: Evanston Firefighters Association, Local 742 of the International Association of Firefighters (AFL-CIO-CLC) (expired on 12/31/11); Public Works: American Federation of State County and Municipal Employees, Council 31 of the AFL-CIO, Evanston City Employees Union Local 1891 A (expired on 12/31/11); Police Sergeants: Evanston Police Sergeants Association, affiliated with the Illinois Fraternal Order of Police Labor Council (expires on 12/31/2012). The City has not experienced any work stoppage due to labor difficulties for the last 30 years. DEMOGRAPHIC DATA Evanston’s median family income and per capita income remain consistently and significantly above State of Illinois and Cook County levels, as does the median home value. Family Income, Per Capita Income and Median Home Value 2010 2000 2010 2000 2010(1) 2000(1) Median Family Median Family Per Capita Per Capita Median Home Median Home Income Income Income Income Value Value City of Evanston $ 104,117 $ 78,886 $ 38,116 $ 33,645 $ 366,400 $ 290,800 Cook County 61,889 53,784 27,839 23,227 244,400 157,700 State of Illinois 65,417 55,545 27,325 23,104 191,800 130,800 (1) Single Family Owner Occupied Units Only Source: U.S. Census Bureau City of Evanston, Cook County and State of Illinois Median Home Value Evanston Cook County State of Illinois 2010 2000 2010 2000 2010 2000 Median Home Value(1) $ 366,400 $ 290,800 $ 244,400 $ 157,700 $ 191,800 $ 130,800 Number of Single Family Homes(1) 15,334 9,597 1,127,332 816,532 3,219,338 3,219,338 Percent of Homes Valued: Under $50,000 1.34% 0.27% 3.20% 1.91% 6.84% 6.84% $50,000-$99,999 0.89% 3.04% 5.63% 17.34% 13.91% 13.91% $100,000-$149,000 3.57% 11.23% 11.18% 26.77% 14.76% 14.76% $150,000-$199,999 13.01% 14.86% 16.90% 22.54% 16.82% 16.82% $200,000-$299,999 21.49% 22.42% 27.02% 18.06% 22.26% 22.26% Above $300,000 59.68% 48.17% 36.07% 13.37% 25.41% 25.41% Total 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% Source: U.S. Census Bureau 259 of 994 9 City of Evanston – Age of Housing Structures (as of 2010 U.S. Census) Years Built Number Percentage 1939 or Earlier 16,333 51.15% 1940 to 1959 6,292 19.70% 1960 to 1969 3,069 9.61% 1970 to 1979 1,670 5.23% 1980 to 1989 1109 3.47% 1990 to 1999 1123 3.52% 2000 to 2004 1366 4.28% 2005 to Later 972 3.04% Total 31,934 100.00% Source: U.S. Census Bureau Education and Employment Census data from 2010 reflects that over 62% of adult residents of Evanston have four or more years of college, compared to 28% nationally. Educational Attainment – Population over 25 Post- Secondary High School Educational Level Number Percentage Education or Higher Graduate or Professional Degree 15,707 33.20% Bachelor’s Degree 13,804 29.20% Associate Degree 1,665 3.50% 65.90% Some College, no degree 7,136 15.10% 91.40% High school graduate 4,932 10.40% 9th to 12th grade, no diploma 2,483 5.20% Less than 9th grade 1,599 3.40% Total 47,326 100.00% Source: U.S. Census Bureau The following table shows the proportion of Evanston residents holding various job categories. Consistent with the high average level of educational attainment, over 62% of job holders who are Evanston residents work in professional or managerial jobs, as compared to 37.4% in Cook County, Illinois and 36.1% statewide. Select Occupation Categories Type of Occupations Number Percentage Management, business, science, and arts 23,243 62.51% Service occupations 4,085 10.99% Sales and office occupations 8,048 21.64% Natural Resources, construction, and maintenance 648 1.74% Production, transportation, material moving 1,160 3.12% Total 37,184 100.00% Source: U.S. Census Bureau 260 of 994 10 Population The City’s population is essentially stable, having been near 70,000 since 1950. 1990 2000 2010 City of Evanston 73,233 74,239 74,549 Cook County 5,105,067 5,376,741 5,194,675 State of Illinois 11,430,602 12,419,293 12,830,632 Source: U.S. Census Bureau THE ECONOMY The City enjoys a robust economy with broadly diverse economic resources. Students and the University, professional and commercial workers, residents and business all contribute to the mix of revenue received by the City through taxes, fees, licenses as well as property taxes. One of the telling indicators of economic activity is retail sales as measured by sales tax receipts. The State sales taxes payable to the City have grown at an average compound rate of approximately 0.9 percent between fiscal years ended February 28, 2003 and December 31, 2012. Home Rule Increase / Sales Tax Increase / FY Ended Annual (Decrease) Annual (Decrease) 12/31/2012 $ 5,707,112 n.a. $ 9,008,956 n.a. 12/31/2011 4,902,429 n.a. 7,671,007 n.a. 2/28/2011 5,724,904 4.78% 8,791,573 2.87% 2/28/2010 5,463,561 (1.96%) 8,546,173 (3.52%) 2/28/2009 5,572,880 (5.73%) 8,857,994 (4.11%) 2/29/2008 5,911,796 4.61% 9,237,337 6.24% 2/28/2007 5,651,328 0.70% 8,695,104 2.48% 2/28/2006 5,611,780 0.32% 8,484,692 1.13% 2/28/2005 5,594,134 1.73% 8,389,985 5.90% 2/29/2004 5,499,126 (1.40%) 7,922,537 (3.57%) 2/28/2003 5,577,088 16.38% 8,215,766 9.29% Building Activity – Value of Permits Value of All Calendar Year Building Permits 2012 $ 148,357,853 2011 181,371,826 2010 130,696,500 2009 105,958,715 2008 77,836,668 261 of 994 11 Replacement Taxes FY Ended Amount 12/31/2012 $ 1,243,473 12/31/2011 944,157 2/28/2011 1,445,092 2/28/2010 1,339,100 2/28/2009 1,440,614 Transportation Evanston has excellent public transportation. It is served by a rapid transit rail line operated by CTA, with eight stations in Evanston. This is part of the CTA’s metropolitan rapid transit system. Commuter rail service provided by Metra, a Division of the Regional Transportation Authority (“RTA”), serves three stops in Evanston. Four local bus routes operated by the CTA connect all Evanston neighborhoods with its downtown area. Five bus routes operated by PACE, a suburban bus division of the RTA, connect Evanston with north and northwestern suburbs. Employment The following is a list of major employers within the City. Largest Employers Approximate Number of Employer Nature of Business Employees Northwestern University Higher education 9,471 Evanston Northwestern Healthcare Administrative and general hospital 3,727 Evanston/Skokie School District 65 Elementary school 1,599 St. Francis Hospital General hospital 1,272 City of Evanston Local government 918 Presbyterian Homes/McGaw Care Center Retirement/nursing homes 602 Rotary International Non-profit service organization 535 Evanston Township High School District 202 Public high school 520 C.E. Neihoff & Co. Manufacturing 480 Mather Lifeways Retirement/nursing homes 450 Source: City of Evanston, phone canvass Industry Although a small proportion of the total property value and employment numbers, the City is home to various manufacturing concerns including Addison Steel, a fabricating company; Ward Manufactory, a tool and die manufacturer; and C.E. Niehoff, a manufacturer of automotive components. 262 of 994 12 Unemployment Unemployment in the City is consistently below Cook County and State of Illinois levels. 2008 2009 2010 2011 2012 City of Evanston 4.70% 7.30% 7.90% 7.50% 6.80% Cook County 6.40% 10.40% 10.80% 10.30% 9.30% State of Illinois 6.40% 10.00% 10.40% 9.70% 8.90% Source: Illinois Department of Employment Security FINANCES Budget Process, Accounting and Financial Control Procedures The City’s fiscal year (“FY”) has historically begun on March 1 of each year. However, the City passed a resolution that changes the City’s fiscal year to match the calendar year beginning in the year 2012. As such, fiscal year 2011 is only be ten months in duration (March 1, 2011 through December 31, 2011). The City Manager submits to the City Council a proposed operating budget not less than 60 days prior to the start of each fiscal year. The operating budget includes proposed expenditures and the means of financing those expenditures. The City Council holds several public hearings and then may modify the budget prior to adoption. The City Manager is authorized to transfer budgeted amounts between departments within any fund (such as the General Fund); however, any revisions that alter the total expenditures of any fund must be approved by the City Council. Budgets are legally adopted on a basis consistent with generally accepted accounting principles (“GAAP”) except that property taxes are budgeted as revenue in the year they are levied. For purposes of preparing the combined statement of revenues, expenditures and changes in fund balances – budget and actual, GAAP revenue and expenditures have been adjusted to the budgetary basis. The budgets of the governmental type funds are prepared on a modified accrual basis. Obligations of the City are budgeted as expenditures, but revenue is recognized only when it has actually been received. The Comprehensive Annual Financial Report of the City (“CAFR”) presents expenditures and revenues on both a GAAP basis and a budget basis for comparison. The City uses funds and account groups to report on its financial position and the results of its operations. Fund accounting is designated to demonstrate legal compliance and to aid financial management by segregating transactions related to certain City functions or activities. A fund is a separate, self-balancing accounting entity and in the City there are three categories of funds: governmental, proprietary and fiduciary. Governmental funds are used to account for all or most of the City’s general activities, including the collection and disbursement of earmarked monies (special revenue funds), the acquisition or construction of general fixed assets (capital project funds) and the servicing of general long-term debt (debt service funds). The General Fund is used to account for all activities of the City not accounted for in some other fund. For the FY 2012 the City projects that 32.64% ($84.4 million) of all City expenditures will occur in the General Fund. Other major funds include Special Revenue Funds, Debt Service Funds, Enterprise Funds (water, sewer, and parking) and Pension Trust Funds. The Enterprise Funds (water and sewer) are budgeted on a full accrual basis. Expenses are recognized when a commitment is made (through a purchase order), and revenues are recognized when they are obligated to the City (for example, water user fees are recognized as revenue when bills are produced). The City reports financial results based on GAAP as promulgated by the Governmental Accounting Standards Board. The accounts of the City are divided into separate self-balancing funds comprised of its assets, liabilities, fund equity, revenues and expenditures, as appropriate. The City’s expenditures are monitored on a regular basis by the Finance Department. Disbursements are made only if an expenditure is within the authorized Budget. 263 of 994 13 The City annually presents its Budget to the Government Finance Officers Association (“GFOA”) for review against that organization’s standards for government budgeting. The City received a Distinguished Budget Award from the GFOA for the fiscal year 2012 Budget and has previously received the award for over 16 successive years. Financial Statements and Independent Audits The City annually presents its CAFR to the GFOA for review against that organization’s standards for governmental accounting and financial reporting. The City received a certificate of achievement for excellence in financial reporting from the GFOA for the fiscal year ended February 28, 2011, and has previously received the certificate for several successive years. The City’s financial statements are audited annually as required by State law. Baker Tilly Virchow Krause & Company, LLP, Certified Public Accountants, Oak Brook, Illinois, audited the financial statements for fiscal year ended December 31, 2012. Copies of the City’s audited financial statements are available from the Administrative Services Department of the City. Excerpts of the audited financial statements for the fiscal year ended December 31, 2012, are included as APPENDIX A to this Official Statement. Baker Tilly Virchow Krause & Company, LLP, has neither reviewed nor approved this Official Statement or its appendices. The City has covenanted in connection with the issuance of the Bonds to file its audited annual financial statements and certain additional financial and operating data within 210 days after the close of the City’s fiscal year. See APPENDIX C to this Official Statement. Cash Management The City invests available funds to the extent not needed for immediate expenditures in interest bearing securities. Money Market Funds make up 100% of General Fund investments (approximately $4.8 million as of December 31, 2011). Cash amounts held in bank accounts are collateralized by United States government or agency obligations. The City’s investment policy is in compliance with the Illinois Municipal Investment Act and limits investments to those that are insured or which are registered (or for which the securities are held by the City or its agent) in the City’s name. Bond funds are invested separately. Revenues The City receives revenue from a wide variety of sources. These include a real property tax, municipal shares of State sales and income taxes, a home rule sales tax, utility taxes and federal grants, as well as various use charges, licenses and permits. The largest revenue source for the City is the property tax. See “REAL PROPERTY TAXATION” for a description of the property tax. Other major revenue sources are described below. Sales Taxes The City’s share of the State sales tax and a separate City home rule sales tax are the second largest source of revenue to the City. A portion of the State’s sales tax receipts from sales within Evanston are statutorily allocated to the City. The amount so received by the City equals about 1.0% of those sales subject to the State tax. In addition, the City imposes a City-wide home rule sales tax, as permitted by State law, presently at a rate of 1.0%. Sales of vehicles, groceries and medicine, among other items, are exempted by State law from this home rule sales tax. The Illinois Department of Revenue collects both the State sales tax and the City’s sales tax. The State sales tax produced $9.0 million, and the home rule sales tax produced $5.7 million for the fiscal year ended December 31, 2012. Utility Taxes The City collects utility taxes on natural gas, electricity and telephone charges. Utility taxes generated $____ million for the fiscal year ended December 31, 2012 (a 12-month period). This compares to $___ million for the fiscal year ended December 31, 2011 (a 10-month period). 264 of 994 14 FY 2011/ 2012 Budgets Overview of Budget for Fiscal Year 2011 and 2012 The total budget of the City for the fiscal year ended December 31, 2011 (a 10-month period) is $208.5 million. The General Fund portion of the total budget for fiscal year ended December 31, 2011 is $73.9 million. The total budget of the City for the fiscal year ended December 31, 2012 (a 12-month period) is $258.9 million. The General Fund portion of the total budget for fiscal year ended December 31, 2012 is $84.4 million. The total budget of the City for the fiscal year ending December 31, 2013 (a 12-month period) is $____ million. The General Fund portion of the total budget for fiscal year ending December 31, 2013 is $_____ million. Summary of Financial Information The following summary of financial information is taken from audited financial statements of the City for fiscal years ended February 29, 2009 through December 31, 2012. This summary does not purport to be complete. Reference should be made to excerpts of the audited financial statements for fiscal year ended December 31, 2012 included as APPENDIX A of this Official Statement. Baker Tilly Virchow Krause & Company, LLP, Certified Public Accountants, have neither reviewed nor approved this summary. General Fund Balance Sheet Fiscal Years Ended Assets: 2/29/2009 2/28/2010 2/28/2011 12/31/2011 12/31/2012 Cash and Investments $11,615,911 $8,980,446 $10,303,331 $11,523,030 $11,478,724 Property Taxes Receivable 14,995,648 15,055,056 16,118,287 16,641,472 12,281,386 Due From Other Governments 5,856,040 7,071,845 7,112,895 7,400,692 7,456,261 Due From Other Funds 290,877 1,206,245 545,268 810,429 728,569 Utility Tax Receivable -- -- -- -- -- All Other Assets 2,815,290 2,117,495 2,008,760 2,290,681 2,308,521 Total Assets 35,573,766 34,431,087 36,088,541 38,666,304 34,253,461 Liabilities and Fund Balance: Vouchers Payable 2,517,228 1,342,117 1,869,559 1,720,394 1,334,732 Due To Other Funds/Governments 133,437 1,806,681 170,443 666,790 1,089,490 Accrued Payroll 2,366,980 2,738,368 3,522,131 3,019,828 3,465,699 Compensated Absences Payable 80,963 70,289 29,156 60,117 828 Deferred Revenue 9,205,702 8,128,230 8,396,075 14,451,629 10,879,672 All Other Liabilities 242,640 157,853 97,425 354,377 449,553 Total Liabilities 14,546,950 14,243,538 14,084,789 20,273,135 17,219,974 Fund Balance: Reserved 1,274,562 1,584,855 1,994,876 -- -- Unreserved – Designated 5,426,913 5,426,913 5,426,913 -- -- Unreserved – Undesignated 14,325,341 13,175,781 14,581,963 -- -- Assigned -- -- -- 7,590,232 6,847,983 Unassigned -- -- -- 10,802,937 10,185,504 Total Fund Balance 21,026,816 20,187,549 22,003,752 18,393,169 17,033,487 Total Liabilities and Fund Balance $35,573,766 $34,431,087 $36,088,541 $38,666,304 $34,253,461 Sources: City of Evanston, Illinois; CAFR for fiscal year ended 2/28/2009 through 12/31/2012. 265 of 994 15 General Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual (Budgetary Basis) 1 Fiscal Year Ended December 31, 2012 Final Budget Actual Variance Revenue Taxes $36,621,022 $32,724,364 ($3,896,658) Licenses and Permits 8,646,613 10,470,353 1,823,740 Intergovernmental 15,791,191 16,360,863 569,672 Charges for Services 7,728,055 7,328,037 (400,018) Fines 4,721,639 3,470,107 (1,251,532) Investment Income 12,000 7,169 (4,831) Miscellaneous 2,126,968 2,470,868 343,900 Total Revenues 75,647,488 72,831,761 (2,815,727) Expenditures General Management and Support 13,489,098 12,437,192 1,051,906 Public Safety 38,067,561 38,606,997 (539,436) Public Works 8,313,494 7,833,641 479,853 Health and Human Resources Development 3,338,424 3,200,052 138,372 Recreation and Cultural Opportunities 13,944,350 14,283,198 (338,848) Housing and Economic Development 3,148,340 3,103,952 44,388 Total Expenditures 80,301,267 79,465,032 836,235 Excess / (Deficiency) of Revenues Over Expenditures (4,653,779) (6,633,271) (1,979,492) Other Financing Sources (Uses) Operating transfers in (out) West Evanston TIF 60,000 60,000 -- Motor Fuel Tax Fund 836,990 836,990 -- Economic Development Fund 452,707 452,707 -- Housing Fund 23,990 23,990 -- Washington National TIF Debt Service Fund 325,000 325,000 -- Howard Hartrey Debt Service 141,600 141,600 -- Southwest TIF I Debt Service Fund 28,920 28,920 -- NSP 2 320,000 114,984 (205,016) Emergency Telephone System Fund 125,950 125,950 -- Parking Fund 644,242 644,242 -- Sewer Fund 142,200 142,200 -- Howard Ridge TIF 120,400 120,400 -- Capital Improvement Fund 475,000 475,000 -- Water Fund 3,356,300 3,356,300 -- Library (521,915) (1,214,668) (692,753) Debt Service Fund (627,394) (627,394) -- CIP (1,250,000) (1,250,000) -- Solid Waste (1,245,967) (1,245,967) -- Equipment Replacement Fund (500,000) (500,000) -- 2,908,023 2,010,254 (897,769) Excess of Revenues and Other Financing Sources over Expenditures and Other Financing Uses (1,745,756) (4,623,017) (2,877,261) Fund Balance Beginning of Year 32,383,980 End of Year $27,760,963 (1) Reported on a budgetary (non-GAAP) basis. See Appendix A for further information. Sources: City of Evanston, Illinois; CAFR for the fiscal year ended December 31, 2012. 266 of 994 16 General Fund Statement of Fund Operations GAAP Basis 1 Fiscal Years Ended Revenues: 2/29/2009 2/28/2010 2/28/2011 12/31/2011 12/31/2012 Taxes $40,173,003 $40,231,207 $39,184,101 $30,242,619 $35,987,699 Licenses and Permits 8,820,280 7,279,181 8,661,398 6,775,866 10,470,353 Intergovernmental 16,391,753 15,566,317 15,745,906 13,364,686 16,360,863 Charges for Services 8,399,042 8,680,166 9,785,836 6,283,196 7,328,037 Fines and Forfeits 4,442,282 4,150,610 4,002,700 3,279,785 3,470,107 Investment Income 240,988 17,048 11,454 2,073 7,169 Miscellaneous 3,980,418 3,824,800 5,987,365 3,276,503 2,470,868 Total 82,447,766 79,749,329 83,378,760 63,224,728 76,095,096 Expenditures: General Management and Support 12,709,098 14,575,634 21,814,654 11,774,893 12,437,192 Public Safety 38,453,587 34,200,821 35,258,964 31,367,067 38,606,997 Public Works 16,393,126 12,862,044 12,618,308 6,339,072 7,833,641 Health & Human Resource Dev. 3,745,632 3,940,324 3,700,431 2,887,812 3,200,052 Housing & Economic Dev. 3,301,478 3,332,818 2,952,803 2,462,258 14,283,198 Recreation & Cultural Opportunities 18,485,225 17,998,527 17,390,458 15,980,974 3,103,952 Debt Service - Principal -- 83,055 101,030 119,993 -- Debt Service - Interest -- 56,945 38,970 20,007 -- Total 93,088,146 87,050,168 93,875,618 70,952,076 79,465,032 Transfers In 5,415,600 6,461,572 5,409,384 4,793,745 6,848,283 Transfers Out -- -- (676,980) (4,838,029) Issuance of Debt 304,081 -- 6,893,299 -- -- Premiums and Accrued Interest -- -- 10,378 -- -- Fund Balance, Beginning of Year 25,947,515 21,026,816 20,187,549 22,003,752 18,393,169 Fund Balance, End of Year $21,026,816 $20,187,549 $22,003,752 $18,393,169 $17,033,487 Notes: (1) General Fund operations are reported on a basis consistent with GAAP, and also on a budgetary (non-GAAP) basis. The City prepares the budget on a non-GAAP basis for the General, Special Revenue and Debt Service Funds; property taxes are recognized in the same accounting period as when the tax levy is adopted, even though the taxes are not collected until the following year, and encumbrances are treated as expenditures. This method is used to facilitate budgetary control. Under the GAAP basis, property tax revenues are recognized when both measurable and available. Encumbrances are not treated as expenditures. This table presents General Fund Operations on a GAAP basis. Sources: City of Evanston, Illinois; CAFR for fiscal year ended 2/29/2009 through 12/31/2012. 267 of 994 17 Pension Fund Obligations The City participates in three defined benefit pension plans which cover substantially all employees. Retirement benefits are provided for employees who meet certain age and service requirements. Payments are generally correlated with the employee’s length of service and earnings. Legal requirements of the plans (including contributions, vesting benefit and fund deficit provisions) are governed by State law. The plans are funded by employee and employer contributions and investment earnings. All employees, other than police officers, firefighters and those working fewer than 1,000 hours per year, are covered by the Illinois Municipal Retirement Fund (“IMRF”) which is a Statewide multi-employer plan governed by a state board of trustees. The IMRF determines the contribution rate for the City to provide for all full funding of prior service costs, as determined actuarially, over a future period of not more than 40 years. The City funds its contributions through the property tax levy. City police officers are covered by the Police Pension Fund and City firefighters are covered by the Firefighters’ Pension Fund. These funds are governed by separate boards of trustees comprised of City officials and police or fire employee representatives. As required by State of Illinois statute, the City intends to annually fund its police and fire pension plans by the actuarially required contribution as determined by an enrolled actuary. The following table shows the funding level, actual funding requirement, unfunded pension liability and funding ratio for the various pension funds for City employees. Combined Pension Funding Asset Value Liability Unfunded Funded Ratio Fire 1 $55,082,975 $121,693,417 $66,610,442 45.26% Police 1 72,266,706 158,457,577 86,190,871 45.61% IMRF 2 69,218,573 89,116,813 19,898,240 77.67% All Funds Combined $196,568,254 $369,267,807 $172,699,553 53.23% (1) Data as of 1/1/2012 (2) Data as of 12/31/2012 Source: City of Evanston, Illinois CAFR for fiscal year ended December 31, 2012. Insurance Coverage The City maintains commercial all-risk property insurance with regard to City facilities, subject to a deductible of $75,000 per occurrence. The City maintains general liability insurance for claims in excess of $2.0 million per occurrence. 268 of 994 18 GENERAL OBLIGATION BONDED INDEBTEDNESS Outstanding General Obligation Debt The below table provides the City’s outstanding general obligation debt issues as of the issuance of the Bonds. General Obligation Debt by Issue Date of Amount Final Interest Rates Principal Issue Type of Obligation Issued Maturity Outstanding Outstanding 05/01/2004 Bonds, Series 2004 $ 13,355,000 12/01/2023 4.00% - 5.00% $ 10,195,000 07/15/2004 Ref. Bonds, Series 2004B 11,730,000 12/01/2017 4.00% - 5.25% 2,830,000 07/28/2005 Ref. Bonds, Series 2005 29,270,000 12/01/2025 5.00% 20,575,000 07/19/2006 Bonds, Series 2006 10,290,000 12/01/2026 4.15% - 5.00% 9,550,000 12/28/2006 Ref. Bonds, Series 2006B 14,430,000 01/01/2023 4.00% - 4.25% 14,395,000 05/24/2007 Ref. Bonds, Series 2007 30,385,000 12/01/2027 4.00% - 5.50% 18,150,000 05/07/2008 Ref. Bonds, Series 2008A 3,800,000 12/01/2021 3.25% - 5.00% 3,020,000 05/07/2008 Ref. Bonds, Series 2008B 27,755,000 12/01/2018 3.25% - 5.00% 11,905,000 05/07/2008 Bonds, Series 2008C 12,395,000 12/01/2028 3.25% - 5.00% 10,625,000 12/10/2008 Ref. Bonds, Series 2008D 19,015,000 12/01/2016 3.50% - 5.00% 6,595,000 08/15/2010 Bonds, Series 2010A 6,500,000 12/01/2029 2.00% - 3.625% 5,960,000 08/15/2010 Taxable Bonds, Series 2010B 8,000,000 12/01/2019 1.00% - 3.30% 6,570,000 08/01/2011 Bonds, Series 2011A 19,240,000 12/01/2031 2.00% - 4.50% 18,035,000 07/26/2012 Bonds, Series 2012 15,720,000 12/01/2032 2.00% - 3.25% 15,720,000 Subtotal 154,125,000 08/15/2013 Bonds, Series 2013A 12,700,000 12/01/2033 This Issue 12,700,000 TOTAL $ 166,825,000 (The remainder of this page has been left blank intentionally.) 269 of 994 19 The below table provides the City’s outstanding general obligation debt service as of the issuance of the Bonds. Total General Obligation Debt Service Year Outstanding G.O. Debt The Bonds (Estimated) Total Ending Principal Interest Principal Interest Debt Service 12/31/2013 $ 14,890,000 $ 6,453,628 -- -- $ 21,343,628 12/31/2014 15,230,000 5,727,485 $ 85,000 $ 445,238 21,487,723 12/31/2015 13,340,000 5,158,978 615,000 343,162 19,457,139 12/31/2016 13,890,000 4,590,475 625,000 335,536 19,441,011 12/31/2017 14,050,000 4,043,021 630,000 326,098 19,049,119 12/31/2018 12,590,000 3,442,498 640,000 315,136 16,987,634 12/31/2019 8,935,000 2,933,713 650,000 303,360 12,822,073 12/31/2020 7,920,000 2,576,985 665,000 290,230 11,452,215 12/31/2021 8,440,000 2,238,097 675,000 275,866 11,628,963 12/31/2022 8,105,000 1,878,388 695,000 259,666 10,938,054 12/31/2023 7,620,000 1,547,138 710,000 241,457 10,118,595 12/31/2024 5,625,000 1,241,663 730,000 222,003 7,818,666 12/31/2025 5,870,000 1,001,531 750,000 200,760 7,822,291 12/31/2026 4,755,000 739,681 750,000 178,260 6,422,941 12/31/2027 3,915,000 527,456 580,000 155,160 5,177,616 12/31/2028 2,930,000 358,156 595,000 136,890 4,020,046 12/31/2029 2,085,000 239,056 615,000 117,553 3,056,609 12/31/2030 1,665,000 157,231 640,000 96,950 2,559,181 12/31/2031 1,735,000 89,663 660,000 74,870 2,559,533 12/31/2032 570,000 18,525 685,000 51,440 1,324,965 12/31/2033 -- -- 705,000 26,438 731,438 Subtotal 154,160,000 44,963,366 12,700,000 4,396,071 216,219,437 Less Payments by 8/15/2013 (35,000) (3,605,928) -- -- (3,640,928) Total 154,125,000 41,357,438 12,700,000 4,396,071 212,578,508 (The remainder of this page has been left blank intentionally.) 270 of 994 20 A portion of the debt service on the City’s outstanding general obligation bonds is scheduled to be paid from sources other than general property taxes levied throughout the City. These sources include incremental taxes in tax increment areas, special service area taxes and revenues from various enterprise funds including sewer services fees. The City’s total general obligation debt service schedule and portion expected to be abated is presented in the table below. Total and Scheduled for Abatement General Obligation Debt Service Year Outstanding G.O. Debt Scheduled for Abatement Net Ending Principal Interest Principal Interest Debt Service 12/31/2013 $ 14,890,000 $ 6,453,628 (6,772,879) (1,743,431) $ 12,827,318 12/31/2014 15,315,000 6,172,723 (6,027,020) (1,472,392) 13,988,312 12/31/2015 13,955,000 5,502,139 (5,898,349) (1,197,921) 12,360,869 12/31/2016 14,515,000 4,926,011 (5,100,280) (958,473) 13,382,258 12/31/2017 14,680,000 4,369,119 (5,712,210) (763,211) 12,573,698 12/31/2018 13,230,000 3,757,634 (4,741,351) (510,540) 11,735,743 12/31/2019 9,585,000 3,237,073 (1,636,671) (321,397) 10,864,005 12/31/2020 8,585,000 2,867,215 (523,172) (267,117) 10,661,926 12/31/2021 9,115,000 2,513,963 (534,673) (248,171) 10,846,119 12/31/2022 8,800,000 2,138,054 (559,564) (228,474) 10,150,015 12/31/2023 8,330,000 1,788,595 (574,455) (207,335) 9,336,805 12/31/2024 6,355,000 1,463,666 (604,346) (185,251) 7,029,069 12/31/2025 6,620,000 1,202,291 (622,628) (161,066) 7,038,597 12/31/2026 5,505,000 917,941 (595,909) (134,523) 5,692,509 12/31/2027 4,495,000 682,616 (619,191) (109,020) 4,449,405 12/31/2028 3,525,000 495,046 (573,653) (82,461) 3,363,933 12/31/2029 2,700,000 356,609 (373,615) (58,157) 2,624,837 12/31/2030 2,305,000 254,181 (387,456) (42,666) 2,129,059 12/31/2031 2,395,000 164,533 (401,298) (26,491) 2,131,744 12/31/2032 1,255,000 69,965 (130,000) (9,620) 1,185,345 12/31/2033 705,000 26,438 (130,000) (4,875) 596,563 Total 166,860,000 49,359,437 (42,518,719) (8,732,590) 164,968,128 Overlapping Debt Statement of Overlapping General Obligation Bonded Debt (as of June 17, 2013) Outstanding Applicable to City Taxing District (1) Bonds Percentage Amount Cook County $ 3,719,535,000 1.79% $ 66,688,534 Cook County Forest Preserve District 131,500,000 1.79% 2,357,699 Metropolitan Water Reclamation District 2,296,170,090 1.83% 42,002,953 Skokie Park District 7,960,000 0.78% 62,016 Evanston Special Service Area No. 5 450,000 97.15% 437,164 Community Consolidated School District No. 65 71,040,000 97.74% 69,435,423 Evanston Township High School No. 202 17,305,149 97.74% 16,914,278 Community College District No. 535 25,540,000 12.62% 3,222,494 Total Overlapping General Obligation Bonded Debt $ 201,120,561 (1) Does not include Alternate Revenue Bonds. Source: Cook County Clerk's Office 271 of 994 21 Debt Ratios Metric Value True Value (2011) $ 8,182,102,719 EAV (2011) 2,727,367,573 Population (2010) 75,549 Direct Debt (Property Tax Supported) $ 124,341,281 Direct Debt (Supported by Other Sources) 42,518,719 Total Direct Debt $ 166,860,000 Total Overlapping Debt $ 201,120,561 General Obligation All General Debt (Less Self Debt Ratio Obligation Debt Supporting Debt) Direct Debt Per True Value 2.04% 1.52% Direct Debt Per EAV 6.12% 4.56% Direct Debt Per Capita $ 2,209 $ 1,646 Direct and Overlapping Debt Per True Value 4.50% 3.98% Direct and Overlapping Debt Per EAV 13.49% 11.93% Direct and Overlapping Debt Per Capita $ 4,871 $ 4,308 General Obligation Debt Trends Year Governmental Business-Type Total Ending Activities Activities General Obligation 12/31/2012 $ 120,938,742 $ 33,221,257 $ 154,159,999 12/31/2011 122,579,206 35,115,794 157,695,000 2/28/2011 117,322,439 36,212,561 153,535,000 2/28/2010 111,233,880 40,236,120 151,470,000 2/28/2009 118,126,135 55,983,865 174,110,000 2/29/2008 118,005,000 66,530,000 184,535,000 2/28/2007 113,990,000 76,825,000 190,815,000 2/28/2006 161,825,000 37,385,000 199,210,000 2/28/2005 147,045,000 43,655,000 190,700,000 2/29/2004 141,845,000 49,175,000 191,020,000 Future Financings The City plans on issuing additional general obligation debt during calendar year 2013 to refinance existing debt issues for debt service savings. 272 of 994 22 REAL PROPERTY TAXATION As a home rule municipality, the City has the ability to levy real property taxes on the taxable property in the City without limitation as to rate or amount. The City levies real property taxes for general government purposes, pension contributions and general obligation debt service. Real property taxes are applied to taxable property based on its assessed value (less various exemptions), as equalized among counties by the Illinois Department of Revenue. This is referred to as the equalized assessed valuation or “EAV.” See “Real Property Assessment, Tax Levy and Collections Procedures.” Taxable property is reassessed every three years. The next reassessment period is tax year 2013. The following table shows the City’s EAV in recent years. The taxes collected in 2010 were payable with respect to the EAV for tax year 2009. The EAV of property for tax year 2010 was approximately $3.0 billion which does not include approximately $194 million of EAV included in TIF districts (see “Tax Increment Financing” below). Historic Equalized Assessed Valuation (1) Tax Year Total % Change 2011 $ 2,727,367,573 -10.34% 2010 3,041,884,087 -7.99% 2009 3,305,989,369 12.51% 2008 2,938,397,892 5.99% 2007 2,772,340,028 23.44% 2006 2,245,892,746 0.14% 2005 2,242,753,022 7.02% 2004 2,095,611,570 21.33% 2003 1,727,147,885 -0.60% 2002 1,737,543,904 7.53% Property owned by not-for-profit colleges, universities and hospitals is not subject to real property taxation. Northwestern University, the City’s largest employer, does not pay property taxes on educational properties. The University does pay its share of water and sewer charges, utilities taxes, permit fees and other charges for services. Equalized Assessed Valuation by Classification of Property (1) 2009 2010 2011 Residential $2,564,394,619 77.57% $2,233,194,054 73.41% $2,100,690,657 77.02% Farm 15,956 0.00% 15,956 0.00% 15,956 0.00% Commercial 615,808,511 18.63% 623,156,869 20.49% 513,880,731 18.84% Industrial 125,104,411 3.78% 184,687,438 6.07% 111,899,205 4.10% Railroad 665,872 0.02% 829,769 0.03% 881,024 0.03% Total EAV $3,305,989,369 100.00% $3,041,884,087 100.00% $2,727,367,573 100.00% (1) Does not include incremental EAV in redevelopment project areas. See “Tax Incremental Financing” below. The incremental 2010 EAV in redevelopment project areas was $167,557,673. * Percentages may not add to 100% because of rounding. Source: Cook County Clerk’s Office 273 of 994 23 Tax Increment Financing Under Illinois law, municipalities may designate particular areas as redevelopment project areas and may provide for tax increment financing for redevelopment project costs in those “TIF” areas. In a TIF area, collections of real property taxes levied by all taxing bodies, to the extent attributed to increases in the EAV of the TIF area over its EAV when the TIF area was so designated, are deposited in a special tax allocation fund of the municipality and are available for use by the municipality to pay qualified redevelopment costs with respect to the TIF area. Qualified redevelopment costs include, among other items, costs of construction of public works or improvements, costs of rehabilitation of public or private buildings and costs of land acquisition. Amounts in the special tax allocation fund for a TIF area also may be used to pay debt service on bonds issued by the municipality for qualified redevelopment costs of that area (“TIF bonds”). To the extent that the tax collections in respect of a TIF area are deposited in the special tax allocation fund and used for qualified redevelopment costs or related debt service, they are not available for other governmental purposes, including paying unrelated General Obligation Bonds of the municipality. As of tax year 2011 the City has designated five TIF areas. The total EAV increment of these areas for this tax year totaled $167,557,673. The EAV for these areas at the time the areas were so designated (the base or “frozen” value) was $77,225,187. 2007 2008 2009 2010 2011 Frozen Value $ 68,669,219 $ 79,060,859 $ 77,225,187 $ 77,225,187 $ 77,225,187 Incremental 238,512,923 268,255,958 114,745,713 116,885,444 90,332,486 TOTAL EAV $307,182,142 $347,316,817 $191,970,900 $194,110,631 $167,557,673 TIF bonds may, in some cases, also be general obligations of the municipality. In that case general obligation bonds, in addition to their other claims for payment, may have a claim for payment from the amounts on deposit in the special tax allocation fund for that TIF area. Special Service Areas Under Illinois law, municipalities may establish special service areas and may levy real property taxes with respect to taxable real property within the special service area to pay costs of special municipal services for the area or to pay debt service on bonds of the municipality issued to provide those special services. The City has established a number of special service areas for the upgrade of streets and sidewalks in its central business district. Taxes levied and collected with respect to special service areas are not shown as general revenues of the City. (The remainder of this page has been left blank intentionally.) 274 of 994 24 City Property Taxes The following table shows the collection history for real property taxes levied by the City. Taxes Levy Collection Taxes Collected and Percent Year Year Extended Distributed Collected 2011 2012 $ 43,397,590 $ 42,064,756 96.93% 2010 2011 41,479,398 39,412,004 95.02% 2009 2010 39,779,364 38,018,159 95.57% 2008 2009 38,044,671 36,246,629 95.27% 2007 2008 35,550,694 34,061,461 95.81% 2006 2007 34,399,146 33,249,612 96.66% 2005 2006 33,423,311 32,550,464 97.39% 2004 2005 32,100,657 30,991,234 96.54% 2003 2004 29,813,787 28,565,408 95.81% 2002 2003 27,957,126 27,286,591 97.60% The following table shows the ten largest real property taxpayers in the City. Ten Largest Real Property Taxpayers Percentage 2011 Equalized of Total Taxpayer Type of Business Assessed Values City EAV Grubb & Ellis Commercial building $ 23,750,814 0.87% Rotary International Non-profit organization 19,957,955 0.73% Lowe Enterprises Commercial Building 19,687,132 0.72% Church St. Plaza Commercial, retail, 17,812,119 0.65% Evanston Plaza Holding Commercial buildings 13,041,620 0.48% Evanston Hotel Association Hotel 11,605,700 0.43% Inland Commercial, retail building 10,956,173 0.40% NNN Church St. Office Center Office building 10,825,746 0.40% North Shore University Health Commercial buildings 10,417,651 0.38% 500 Davis Street Holding Office building 9,005,460 0.33% Top Ten Total $ 147,060,371 5.39% City Total 2011 EAV 2,727,367,573 Source: City of Evanston CAFR for fiscal year ended December 31, 2012. 275 of 994 25 Property tax rates for City purposes, as well as rates for governmental bodies that substantially overlap the City are shown below. Historic City Tax Rates (Per $100 EAV) Fund 2007 2008 2009 2010 2011 Corporate $0.6253 $0.5662 $0.5120 $0.5485 $0.6117 Bond & Interest 0.3332 0.3508 0.3129 0.3625 0.4439 Police Pension 0.1707 0.2071 0.2077 0.2495 0.3067 Fire Pension 0.1538 0.1707 0.1706 0.2032 0.2289 TOTAL $1.2830 $1.2948 $1.2032 $1.3637 $1.5912 Tax Rates for Overlapping Taxing Agencies (Taxes Billed in 2010 – Per $100 EAV) Taxing Agency 2011 Rate City of Evanston $ 1.591 Cook County 0.462 Cook County Forest Preserve District 0.058 Suburban TB Sanitarium -- Consolidated Elections 0.025 Town of Evanston 0.011 General Assistance 0.039 Metropolitan Water Reclamation District 0.320 North Shore Mosquito Abatement District 0.010 Elementary School District No. 65 2.818 Evanston Township High School District No. 202 2.061 Oakton Community College District No. 535 0.196 TOTAL $ 7.592 Source: Cook County Clerk’s Office Real Property Assessment, Tax Levy and Collection Procedures The following is a summary of general property tax assessment, levy and collection procedures in Cook County, Illinois. Real Property Assessment. The County Assessor (the “Assessor”) is responsible for the assessment of all taxable real property within Cook County (the “County”), including such property located within the boundaries of the City, except for certain railroad property, pollution control facilities and low sulfur dioxide emission coal-fueled devices, which are assessed directly by the Illinois Department of Revenue (the “Department of Revenue”). For triennial reassessment purposes, Cook County is divided into three districts: west and south suburbs (the “South Tri”), north and northwest suburbs (the “North Tri”), and the City of Chicago (the “City Tri”). The City is located in the North Tri and was reassessed for the 2010 tax levy year. In response to the downturn of the real estate market, the Assessor reduced the 2009 assessed value on suburban residential properties (specifically, those properties located in the South Tri and the North Tri) not originally scheduled for reassessment in 2009. For tax year 2009, each suburban township received an adjustment percentage for tax year 2009, lowering the existing assessed values of all residential properties in such township within a range of 4% to 15%, beginning with the second-installment tax bills payable in the fall of 2010. Real property in the County is separated into classes for assessment purposes. After the Assessor establishes the fair market value of a parcel of property, that value is multiplied by the appropriate classification 276 of 994 26 percentage to arrive at the assessed valuation (the “Assessed Valuation”) for the parcel. Such classification percentages range from 10% for certain residential, commercial and industrial property to 25% for other industrial and commercial property. Property is classified for assessment into six basic categories, each of which is assessed (beginning with the 2009 tax levy year) at various percentages of fair market value as follows: Class 1 - unimproved real estate (10%); Class 2 - residential (10%); Class 3 - rental-residential (16% in tax year 2009, 13% in tax year 2010, and 10% in tax year 2011 and subsequent years); Class 4 - not-for-profit (25%); Class 5a - commercial (25%); and Class 5b - industrial (25%). In addition, property may be temporarily classified into one of eight additional assessment classification categories. Upon expiration of such classification, property so classified will revert to one of the basic six assessment classifications described above. The Assessor has established procedures enabling taxpayers to contest their proposed Assessed Valuations. Once the Assessor certifies its final Assessed Valuations, a taxpayer can seek review of its assessment by appealing to the Cook County Board of Review (the “Board of Review”), which consists of three commissioners elected by the voters of the County. The Board of Review has the power to adjust the Assessed Valuations set by the Assessor. Owners of residential property having six or fewer units are able to appeal decisions of the Board of Review to the Illinois Property Tax Appeal Board (the “PTAB”), a statewide administrative body. The PTAB has the power to determine the Assessed Valuation of real property based on equity and the weight of the evidence. Taxpayers may appeal the decision of PTAB to either the Circuit Court of Cook County (the “Circuit Court”) or the Illinois Appellate Court under the Illinois Administrative Review Law. As an alternative to seeking review of Assessed Valuations by PTAB, taxpayers who have first exhausted their remedies before the Board of Review may file an objection in the Circuit Court. The procedure under this alternative is similar to the judicial review procedure described in the immediately preceding paragraph, however, the standard of proof differs. In addition, in cases where the Assessor agrees that an assessment error has been made after tax bills have been issued, the Assessor can correct any factual error, and thus reduce the amount of taxes due, by issuing a Certificate of Error. Certificates of Error are not issued in cases where the only issue is the opinion of the valuation of the property. Equalization. After the Assessor has established the Assessed Valuation for each parcel for a given year, and following any revisions by the Board of Review or PTAB, the Department of Revenue is required by statute to review the Assessed Valuations. The Department of Revenue establishes an equalization factor (the “Equalization Factor”), commonly called the “multiplier,” for each county to make all valuations uniform among the 102 counties in the State of Illinois (the “State”). Under State law, the aggregate of the assessments within each county is equalized at 33-1/3% of the estimated fair cash value of real property located within the county prior to any applicable exemptions. One multiplier is applied to all property in the County, regardless of its assessment category, except for certain farmland property and wind energy assessable property, which are not subject to equalization. Once the Equalization Factor is established, the Assessed Valuation, as revised by the Board of Review or PTAB, is multiplied by the Equalization Factor to determine the equalized assessed valuation (the “EAV”) of that parcel. The EAV for each parcel is the final property valuation used for determination of tax liability. The aggregate EAV for all parcels in any taxing body’s jurisdiction, plus the valuation of property assessed directly by the Department of Revenue, constitute the total real estate tax base for the taxing body, which is used to calculate tax rates (the “Assessment Base”). Exemptions. The Illinois Property Tax Code, as amended (the “Property Tax Code”), exempts certain property from taxation. Certain property is exempt from taxation on the basis of ownership and/or use, including, but not limited to, public parks, not-for-profit schools, public schools, churches, not-for-profit hospitals and public hospitals. In addition, the Property Tax Code provides a variety of homestead exemptions. Tax Levy. As part of the annual budgetary process of governmental units (the “Units”) with power to levy taxes in the County, the designated body for each Unit annually adopts proceedings to levy real estate taxes. The administration and collection of real estate taxes is statutorily assigned to the County Clerk and the County Treasurer. After the Units file their annual tax levies, the County Clerk computes the annual tax rate for each Unit. Extensions. The County Clerk then computes the total tax rate applicable to each parcel of real property by aggregating the tax rates of all of the Units having jurisdiction over the particular parcel. The County Clerk extends the tax by entering the tax (determined by multiplying the total tax rate by the EAV of that parcel for the 277 of 994 27 current assessment year) in the books prepared for the County Collector (the “Warrant Books”) along with the tax rates, the Assessed Valuation and the EAV. The Warrant Books are the County Collector’s authority for the collection of taxes and are used by the County Collector as the basis for issuing tax bills to all property owners. Collections. Property taxes are collected by the County Collector, who also serves as the County Treasurer, who remits to each Unit its share of the collections. Taxes levied in one year become payable during the following year in two installments, the first due on March 1 and the second on the later of August 1 or 30 days after the mailing of the tax bills. A payment due is deemed to be paid on time if the payment is postmarked on the due date. Beginning with the first installment payable in 2010, the first installment is equal to 55% of the prior year’s tax bill. However, if a Certificate of Error is approved by a court or certified on or before November 30 of the preceding year and before the estimated tax bills are prepared, then the first installment is instead based on the certain percentage of the corrected prior year’s tax bill. The second installment covers the balance of the current year’s tax bill, and is based on the then current tax year levy, Assessed Valuation and Equalization Factor, and reflects any changes from the prior year in those factors. The first installment penalty date has been the first business day in March for each of the last ten years. However, for 2010, the first installment penalty date was established as April 1 by statute. The following table sets forth the second installment penalty date for the last ten tax levy years in the County. Tax Levy Year Second Installment Penalty Date 2002 October 1, 2003 2003 November 15, 2004 2004 November 2, 2005 2005 September 1, 2006 2006 December 3, 2007 2007 November 3, 2008 2008 December 1, 2009 2009 December 13, 2010 2010 November 1, 2011 2011 August 1, 2012 It is possible that the changes to the assessment appeals process described above will cause delays similar to those experienced in past years in preparation and mailing of the second installment in future years. In the future, the County may provide for tax bills to be payable in four installments instead of two. During the periods of peak collections, tax receipts are forwarded to each Unit on a weekly basis. Upon receipt of taxes from the County Collector, the City promptly credits the taxes received to the funds for which they were levied. Within 90 days following the second installment due date, the County Collector presents the Warrant Books to the Circuit Court and applies for a judgment for all unpaid taxes. The court orders resulting from the application for judgment provides for an Annual Tax Sale (the “Annual Tax Sale”) of unpaid taxes shown on that year’s Warrant Books. A public sale is held, at which time successful tax buyers pay the unpaid taxes plus penalties. In each such public sale, the collector can use any “automated means.” Unpaid taxes accrue penalties at the rate of 1.5% per month from their due date until the date of sale. Taxpayers can redeem their property by paying the amount paid at the sale, plus a maximum of 12% for each six-month period after the sale. If no redemption is made within the applicable redemption period (ranging from six months to two and a half years depending on the type and occupancy of the property) and the tax buyer files a petition in the Circuit Court, notifying the necessary parties in accordance with the applicable law, the tax buyer receives a deed to the property. In addition, there are miscellaneous statutory provisions for foreclosure of tax liens. If there is no sale of the tax lien on a parcel of property at the Annual Tax Sale, the taxes are forfeited and the property becomes eligible to be purchased at any time thereafter at an amount equal to all delinquent taxes and interest accrued to the date of purchase. Redemption periods and procedures are the same as applicable to the Annual Tax Sale. 278 of 994 28 The Scavenger Sale (the “Scavenger Sale”), like the Annual Tax Sale, is a sale of unpaid taxes. The Scavenger Sale is held every two years on all property on which two or more years’ taxes are delinquent. The sale price of the unpaid taxes is the amount bid at such sale, which may be less than the amount of delinquent taxes. Redemption periods vary from six months to two and a half years depending upon the type and occupancy of the property. TAX EXEMPTION Federal tax law contains a number of requirements and restrictions which apply to the Bonds, including investment restrictions, periodic payments of arbitrage profits to the United States of America, requirements regarding the proper use of bond proceeds and the facilities financed therewith, and certain other matters. The City has covenanted to comply with all requirements that must be satisfied in order for the interest on the Bonds to be excludable from gross income for federal income tax purposes. Failure to comply with certain of such covenants could cause the interest on the Bonds to become includible in gross income for federal income tax purposes retroactively to the date of issuance of the Bonds. Subject to the City’s compliance with the above-referenced covenants, under present law, in the opinion of Bond Counsel, interest on the Bonds is excludable from the gross income of the owners thereof for federal income tax purposes, and is not included as an item of tax preference in computing the federal alternative minimum tax for individuals and corporations, but interest on the Bonds is taken into account, however, in computing an adjustment used in determining the federal alternative minimum tax for certain corporations. In rendering its opinion, Bond Counsel will rely upon certifications of the City with respect to certain material facts within the City’s knowledge. Bond Counsel’s opinion represents its legal judgment based upon its review of the law and the facts that it deems relevant to render such opinion, and is not a guarantee of a result. The Internal Revenue Code of 1986, as amended (the “Code”), includes provisions for an alternative minimum tax (“AMT”) for corporations in addition to the corporate regular tax in certain cases. The AMT for a corporation, if any, depends upon the corporation’s alternative minimum taxable income (“AMTI”), which is the corporation’s taxable income with certain adjustments. One of the adjustment items used in computing the AMTI of a corporation (with certain exceptions) is an amount equal to 75% of the excess such corporation’s “adjusted current earnings” over an amount equal to its AMTI (before such adjustment item and the alternative tax net operating loss deduction). “Adjusted current earnings” would generally include certain tax-exempt interest, including interest on the Bonds. Ownership of the Bonds may result in collateral federal income tax consequences to certain taxpayers, including, without limitation, corporations subject to the branch profits tax, financial institutions, certain insurance companies, certain S corporations, individual recipients of Social Security or Railroad Retirement benefits and taxpayers who may be deemed to have incurred (or continued) indebtedness to purchase or carry tax-exempt obligations. Prospective purchasers of the Bonds should consult their tax advisors as to applicability of any such collateral consequences. The issue price (the “Issue Price”) for each maturity of the Bonds is the price at which a substantial amount of such maturity of the Bonds is first sold to the public. The Issue Price of a maturity of the Bonds may be different from the price set forth, or the price corresponding to the yield set forth, on the cover page hereof. If the Issue Price of a maturity of the Bonds is less than the principal amount payable at maturity, the difference between the Issue Price of each such maturity, if any, of the Bonds (the “OID Bonds”) and the principal amount payable at maturity is original issue discount. For an investor who purchases an OID Bond in the initial public offering at the Issue Price for such maturity and who holds such OID Bond to its stated maturity, subject to the condition that the City complies with the covenants discussed above, (a) the full amount of original issue discount with respect to such OID Bond constitutes interest which is excludable from the gross income of the owner thereof for federal income tax purposes; (b) such owner will not realize taxable capital gain or market discount upon payment of such OID Bond at its stated maturity; (c) such original issue discount is not included as an item of tax preference in computing the alternative minimum tax for individuals and corporations under the Code, but is taken into account in computing an adjustment used in determining the alternative minimum tax for certain corporations under the Code, as described above; and (d) the accretion of original issue discount in each year may result in an alternative minimum tax liability for corporations or certain other collateral federal income tax consequences in each year even though a corresponding 279 of 994 29 cash payment may not be received until a later year. Owners of OID Bonds should consult their own tax advisors with respect to the state and local tax consequences of original issue discount on such OID Bonds. Owners of Bonds who dispose of Bonds prior to the stated maturity (whether by sale, redemption or otherwise), purchase Bonds in the initial public offering, but at a price different from the Issue Price or purchase Bonds subsequent to the initial public offering should consult their own tax advisors. If a Bond is purchased at any time for a price that is less than the stated redemption price at maturity or, in the case of an OID Bond, its Issue Price plus accreted original issue discount (the “Revised Issue Price”), the purchaser will be treated as having purchased a Bond with market discount subject to the market discount rules of the Code (unless a statutory de minimis rule applies). Accrued market discount is treated as taxable ordinary income and is recognized when a Bond is disposed of (to the extent such accrued discount does not exceed gain realized) or, at the purchaser’s election, as it accrues. Such treatment would apply to any purchaser who purchases an OID Bond for a price that is less than its Revised Issue Price. The applicability of the market discount rules may adversely affect the liquidity or secondary market price of such Bond. Purchasers should consult their own tax advisors regarding the potential implications of market discount with respect to the Bonds. An investor may purchase a Bond at a price in excess of its stated principal amount. Such excess is characterized for federal income tax purposes as “bond premium” and must be amortized by an investor on a constant yield basis over the remaining term of the Bond in a manner that takes into account potential call dates and call prices. An investor cannot deduct amortized bond premium relating to a tax-exempt bond. The amortized bond premium is treated as a reduction in the tax-exempt interest received. As bond premium is amortized, it reduces the investor’s basis in the Bond. Investors who purchase a Bond at a premium should consult their own tax advisors regarding the amortization of bond premium and its effect on the Bond’s basis for purposes of computing gain or loss in connection with the sale, exchange, redemption or early retirement of the Bond. There are or may be pending in the Congress of the United States legislative proposals, including some that carry retroactive effective dates, that, if enacted, could alter or amend the federal tax matters referred to above or affect the market value of the Bonds. It cannot be predicted whether or in what form any such proposal might be enacted or whether, if enacted, it would apply to bonds issued prior to enactment. Prospective purchasers of the Bonds should consult their own tax advisors regarding any pending or proposed federal tax legislation. Bond Counsel expresses no opinion regarding any pending or proposed federal tax legislation. The Internal Revenue Service (the “Service”) has an ongoing program of auditing tax-exempt obligations to determine whether, in the view of the Service, interest on such tax-exempt obligations is includible in the gross income of the owners thereof for federal income tax purposes. It cannot be predicted whether or not the Service will commence an audit of the Bonds. If an audit is commenced, under current procedures the Service may treat the City as a taxpayer and the Bonds owners may have no right to participate in such procedure. The commencement of an audit could adversely affect the market value and liquidity of the Bonds until the audit is concluded, regardless of the ultimate outcome. Payments of interest on, and proceeds of the sale, redemption or maturity of, tax-exempt obligations, including the Bonds, are in certain cases required to be reported to the Service. Additionally, backup withholding may apply to any such payments to any Bond owner who fails to provide an accurate Form W-9 Request for Taxpayer Identification Number and Certification, or a substantially identical form, or to any Bond owner who is notified by the Service of a failure to report any interest or dividends required to be shown on federal income tax returns. The reporting and backup withholding requirements do not affect the excludability of such interest from gross income for federal tax purposes. The interest on the Bonds is not exempt from present Illinois income or franchise taxes. Ownership of the Bonds may result in other state and local tax consequences to certain taxpayers. Bond Counsel expresses no opinion regarding any such collateral consequences arising with respect to the Bonds. Prospective purchasers of the Bonds should consult their tax advisors regarding the applicability of any such state and local taxes. Not Qualified Tax-Exempt Obligations The City will not designate the Bonds as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) relating to the ability of financial institutions to deduct from income for Federal income tax purposes, interest expense that is allocable to carrying and acquiring tax-exempt obligations. 280 of 994 30 BOND RATINGS The Bonds are rated “Aa1” by Moody’s Investors Service, Inc. and “___” by Fitch Ratings. Such ratings reflect only the views of such organizations and any desired explanation of the significance of such ratings should be obtained from the rating agency furnishing the same, at the following addresses: Moody’s Investors Service, 99 Church Street, New York, New York 10007; Fitch Ratings, 70 West Madison Street, Chicago, Illinois 60602. Generally, a rating agency bases its rating on the information and materials furnished to it and on investigations, studies and assumptions of its own. There is no assurance such ratings will not be revised downward or withdrawn entirely by the rating agencies, if in the judgment of such rating agencies, circumstances so warrant. Any such downward revision or withdrawal of such ratings may have an adverse effect on the market price of the Bonds. Such ratings are not to be construed as recommendations of the rating agencies to buy, sell or hold the Bonds, and the ratings assigned by the rating agencies should be evaluated independently. UNDERWRITING The Bonds are scheduled to be sold by the City at a competitive public sale on July 31, 2013. __________________ (the “Underwriter”) has agreed, subject to the conditions of closing set forth in the Notice of Sale, to purchase the Bonds at a purchase price of $________________ (consisting of the par amount of the Bonds, less an underwriter's discount of $______________), plus accrued interest. The Bonds will be offered at the respective initial public offering prices which produce the yields shown on the inside cover page of this Official Statement. After the Bonds are released for sale to the public, the initial public offering prices and other selling terms may from time to time be varied by the Underwriter. LITIGATION The City is subject from time to time to litigation in the ordinary course of its activities, including land use issues, employment and traffic accidents, among other matters. There is no controversy or litigation of any nature now pending or, to the knowledge of the City, threatened to restrain or enjoin the issuance, sale, execution or delivery of the Bonds or the levy and collection of taxes to pay the debt service on the Bonds; or questioning the proceedings or authority pursuant to which the Bonds are issued and taxes levied; or questioning or relating to the validity of the Bonds, or contesting the corporate existence of the City or the titles of its present officers to their respective offices. FINANCIAL ADVISOR The City has engaged Public Financial Management, Inc. (the “Financial Advisor”) in connection with the City’s issuance and sale of the Bonds. Under the terms of their engagement, the Financial Advisor are not obligated to undertake any independent verification of or assume any responsibility for the accuracy, completeness, or fairness of the information contained in this Official Statement. LEGAL MATTERS Certain legal matters incident to the authorization, issuance and sale of the Bonds are subject to the approving legal opinion of Chapman and Cutler LLP, Chicago, Illinois, as Bond Counsel (the “Bond Counsel”), who has been retained by, and acts as, Bond Counsel to the City. Bond Counsel has not been retained or consulted on disclosure matters and has not undertaken to review or verify the accuracy, completeness or sufficiency of this Official Statement or other offering material relating to the Bonds and assumes no responsibility for the statements or information contained in or incorporated by reference in this Official Statement, except that in its capacity as Bond Counsel, Chapman and Cutler LLP has, at the request of the City, reviewed the information under the captions “TAX EXEMPTION” and “Not Qualified Tax-Exempt Obligations”. This review was undertaken solely at the request and for the benefit of the City and did not include any obligation to establish or confirm factual matters set forth herein. Certain legal matters in conjunction with the issuance of the Bonds will be passed upon for the City by its Law Department. 281 of 994 31 CLOSING CERTIFICATE The City will provide to the purchaser at the time of delivery of the Bonds, a certificate confirming to the purchaser that, to the best of their knowledge and belief, the Official Statement, together with any supplements to it, at the time of acceptance of the Purchase Contract and at the time of delivery of the Bonds, was true and correct in all material respects and did not at any time contain any untrue statement of a material fact or omit to state a material fact required to be stated, where necessary to make the statements, in light of the circumstances under which they were made, not misleading. This Official Statement has been duly approved, executed and delivered by the City. City of Evanston, Cook County, Illinois By: /s/ City Manager By: /s/ Mayor 282 of 994 For City Council meeting of July 8, 2013 Item A9 Ordinance 58-O-13: Reducing Number of Class D Liquor Licenses, Wingstop For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 58-O-13, Reducing the Number of Active Class D Liquor Licenses Date: June 28, 2013 Recommended Action: Staff recommends City Council adoption of Ordinance 58-O-13. This ordinance was introduced at the June 24, 2013 City Council meeting. Funding Source: n/a Summary: Ordinance 58-O-13 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses to twenty-one (21), because Wingstop, 2434 Main Street, stopped selling alcohol in January 2013. Wingstop does not intend to renew its liquor license, nor will it reapply for a license. By reducing the number of active Class D liquor licenses, Ordinance 58-O-13 formally withdraws Wingstop’s liquor license. Legislative History: n/a Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 58-O-13 Memorandum 283 of 994 5/28/2013 58-O-13 AN ORDINANCE Amending Subsection 3-4-6-(D) of the City Code to Decrease the Number of Class D Liquor Licenses from Twenty-Two to Twenty-One (SFWH Inc., d/b/a Wingstop, 2434 Main Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class D liquor licenses from twenty-two (22) to twenty-one (21), to read as follows: (D) CLASS D licenses, which shall duplicate class C licenses in all regards except that beer and/or wine only shall be served. It shall be unlawful for any person licensed hereunder to sell “alcoholic liquor” at a “bar,” as defined in Section 3-4-1 of this Chapter, except to persons attending a reception or party not open to the public. The applicants for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be $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 twenty-two (22) twenty-one (21) such licenses shall be in force at any one 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 284 of 994 58-O-13 ~2~ shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2013 Adopted: ___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 285 of 994 For City Council meeting of July 8, 2013 Item A10 Ordinance 64-O-13: Decrease Class D Liquor Licenses, Siam Splendour For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 64-O-13, Decreasing the Number of Active Class D Liquor Licenses Date: June 12, 2013 Recommended Action: Staff recommends City Council adoption of Ordinance 64-O-13. This ordinance was introduced at the June 24, 2013 City Council meeting. Funding Source: n/a Summary: Ordinance 64-O-13 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses to twenty (20), because Vichida Corporation, d/b/a Siam Splendour, 1125 Emerson Street, is not renewing its Class D liquor license. On June 10, 2013, owner Smithprin Chantarangkul notified the Administrative Adjudication & Liquor Licensing Manager that Siam Splendor is not renewing its liquor license. By reducing the number of active Class D liquor licenses, Ordinance 64-O-13 withdraws Siam Splendor’s former liquor license. Legislative History: n/a Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 64-O-13 Memorandum 286 of 994 6/12/2013 64-O-13 AN ORDINANCE Amending Subsection 3-4-6-(D) of the City Code to Decrease the Number of Class D Liquor Licenses from Twenty-One to Twenty (Vichida Corporation, d/b/a Siam Splendour, 1125 Emerson Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class D liquor licenses from twenty-one (21) to twenty (20), to read as follows: (D) CLASS D licenses, which shall duplicate class C licenses in all regards except that beer and/or wine only shall be served. It shall be unlawful for any person licensed hereunder to sell “alcoholic liquor” at a “bar,” as defined in Section 3-4-1 of this Chapter, except to persons attending a reception or party not open to the public. The applicants for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be $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 twenty-one-(21) twenty (20) such licenses shall be in force at any one 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 287 of 994 64-O-13 ~2~ shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2013 Adopted: ___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 288 of 994 For City Council meeting of July 8, 2013 Item A11 Ordinance 65-O-13: Increasing Number of Class P-1 Liquor License For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 65-O-13, Increasing the Number of Class P-1 Liquor Licenses, Temperance Beer Company Date: June 25, 2013 Recommended Action: The Liquor Control Review Board recommends City Council adoption of Ordinance 65- O-13. This ordinance was introduced at the June 24, 2013 City Council meeting. Funding Source: n/a Summary: Ordinance 65-O-13 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 to one (1), to permit liquor license issuance to Temperance Beer Company, LLC, d/b/a Temperance Beer Company, 2000 Dempster Street. Class P-1 regulates craft breweries. Site manager and shareholder Joshua Gilbert submitted a Class P-1 liquor license application, fee, and necessary documentation, and appeared before the Liquor Control Review Board on May 30, 2013. Legislative History: At its May 30, 2013 meeting, the Liquor Control Review Board recommended issuing a Class P-1 liquor license to Temperance Beer Company, LLC. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 65-O-13 Application May 30, 2013 Liquor Control Review Board Meeting Minutes Memorandum 289 of 994 6/5/2013 65-O-13 AN ORDINANCE Amending Subsection 3-4-6-(P-1) of the City Code to Increase the Number of Class P-1 Liquor Licenses from Zero to One (Temperance Beer Company, LLC, d/b/a Temperance Beer Company, 2000 Dempster St.) 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 zero to one (1), to read as follows: (P-1) CRAFT BREWERY license, shall authorize the 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 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. During 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 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. 290 of 994 65-O-13 ~2~ 3. Class P-1 licensees must have at least one (1) BASSET-certified site manager on-premises whenever beer is available for on-site consumption. Class P-1 licensees must provide food service whenever beer is available for on-site consumption. 4. 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. 5. Every Class P-1 licensee must have a valid Class 3 Brewer's License from the State of Illinois. 6. Every employee of a Class P-1 licensee who participates in the production and sale of beer, pursuant to this license class, must be BASSET-certified. The annual single payment fee for initial issuance or renewal of such license shall be $1,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $1,890.00. No more than zero (0) one (1) 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 application of this ordinance is severable. 291 of 994 65-O-13 ~3~ 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: _________________, 2013 Adopted: ___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 292 of 994 REDACTED 293 of 994 294 of 994 295 of 994 296 of 994 297 of 994 REDACTED 298 of 994 299 of 994 300 of 994 301 of 994 302 of 994 303 of 994 REDACTEDREDACTED REDACTEDREDACTED REDACTED 304 of 994 305 of 994 306 of 994 REDACTED REDACTED REDACTED REDACTED REDACTED 307 of 994 308 of 994 309 of 994 REDACTED REDACTED REDACTED REDACTED 310 of 994 311 of 994 312 of 994 313 of 994 314 of 994 315 of 994 316 of 994 317 of 994 Page 1 of 4 MEETING MINUTES Liquor Control Board Thursday, May 30, 2013 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: Connie Zaio (Osco Drug); Michael Smylie (Smylie Brothers); Allison Reid (Kingston Grill); Shawn Jones (Kingston Grill); Josh Gilbert (Temperance Beer); Tom Bastian (Dow Escondido); Mike McGuigan (Dow Escondido) Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor CALL TO ORDER The Local Liquor Control Commissioner Elizabeth Tisdahl called the meeting to order at 11:00 a.m. All attendees introduced themselves and specified his/her role related to the meeting. NEW BUSINESS American Drug Stores, LLC d/b/a Osco Drug/Jewell: Connie Zaio requested an amendment to allow packaged goods store to allow for in-store liquor tastings. Osco Drug has 170 liquor licensees in the state of Illinois and only three are not allowed to offer in-store sampling. Osco utilizes registered tasting agents who are well trained in how much to offer in samples and are familiar with the State guidelines in tastings. Ms. Zaio explains that tastings are a great marketing tool and allows the consumer to try the product before purchasing. Byron Wilson agrees that it is a good marketing tool and enhances the purchasing experience for the consumer. Mayor Tisdahl requested that Osco Drug/Jewell submit tasting schedules to the City. Ms. Zaio offered that most tasting will occur Thursday through Saturday and the occasional holiday and is agreeable to submitting schedules to the City. Tasting events are typically three hours long and never in the morning. The Local Liquor Control Commissioner asked the members if there were any concerns over Ms. Zaio’s request. No concerns were voiced. The board recommends issuing an ordinance to allow for tastings to be introduced at the City Council meeting on June 24, 2013. 318 of 994 Page 2 of 4 Kingston Grill Restaurant, Inc d/b/a Kingston Grill: Allison Reid (Owner) and Shawn Jones (Attorney) requested issuance of a Class D liquor license. Mr. Reid explained to the board his intention to seek a Class D liquor license because this is a request of his customers and he feels it will improve business. Shawn Jones further explained that the restaurant is located in the Dempster/Dodge shopping center and feels more business will help revitalize the area. He goes on to state that Mr. Reid has completed all BASSET training and the restaurant is only open to 10 a.m. or 11 p.m. Marion Macbeth asked if all servers have been BASSET trained. Mr. Reid replied that they have not yet been trained. The Mayor requested that all servers get BASSET trained. Mr. Reid was in agreement. Dick Peach cautioned Mr. Reid about proximity to high school and to be diligent about underage drinkers. He also cautioned against allowing people to sit outside while drinking beer. David Skrodski questioned the timing and wondered why Mr. Reid did not apply for a liquor license when he first opened the restaurant. Mr. Reid explained that at that time he did not want to complicate the opening of his restaurant with trying to also apply for a liquor license. His desire for a liquor license is driven by customer request. The Local Liquor Control Commissioner asked the members if there were any concerns over Mr. Reid’s request. No concerns were voiced. The board recommends issuing a Class D Liquor License to be introduced at the City Council meeting on June 24, 2013. Temperance Beer Company, LLC d/b/a Temperance Beer Company: Josh Gilbert (Owner) requested issuance a Class P-1 liquor license. Josh Gilbert explained to the Board his intention to open a craft brewery and tap room in Evanston. The business will expand the manufacturing base in Evanston while also provide tax revenue through the tap room. He feels the popularity of craft breweries will bring good press to Evanston and increase its visibility. Dick Peach asked about the food that will be served. Mr. Gilbert explained that he intends to offer gourmet popcorn and other snack food such as cured meats. Mr. Peach questioned whether or not this level of food service complies with the license. Grant Farrar stated that the license would need to be revised to more clearly define the food service requirement. Mr. Farrar asked Mr. Gilbert to provide a business plan, revised menu and tasting room hours to Theresa Whittington so that the City can make sure the business plan and City Code properly align with each other. The Local Liquor Control Commissioner asked the members if there were any concerns over Mr. Gilbert’s request. No concerns were voiced. The board recommends issuing a Class P-1 Liquor License to be introduced at the City Council meeting on June 24, 2013. 319 of 994 Page 3 of 4 Dow Escondido, LLC d/b/a Hilton Orrington: Tom Bastian (Attorney) and Mike McGuigan (Site Manager) requested issuance of a Class B liquor license to Dow Escondido, LLC; new owners of the Hilton Orrington hotel. Mr. Bastian explained that he represents the purchasers and the sale is scheduled to close on June 27 th. His clients intend to run the same operation as the previous owners and retain most of the current hotel employees. The new owners will make some capital improvements to the facility. Dow Escondido manages two hotels in Rosemont and have a lot of experience in the area. The site manger will be Mike McGuigan. Mr. McGuigan is BASSET certified and has years of experience in hotel operations. The Mayor asked if all employees are BASSET trained. Mr. Bastion responded that Mr. McGuigan is certified and Dow will make sure all remaining employees serving alcohol are BASSET trained. Mr. Bastian expressed concern about timing the issuance of the license to the close of the sale and requested to be placed on the City Council agenda on June 10, 2013. Mr. Farrar acknowledged that this particular application is easier to place on an earlier agenda since it is for an already existing liquor establishment and agreed to place it on the June 10th agenda. The Local Liquor Control Commissioner asked the members if there were any concerns over Mr. Bastian’s request. No concerns were voiced. The board recommends issuing a Class B Liquor License to be introduced at the City Council meeting on June 10, 2013. Smylie Brothers Brewing Company, LLC d/b/a Smylie Bros Restaurant and Brewery: Michael Smylie (Owner) requested an amendment to the Class T liquor license to allow for free beer sampling. Mr. Smylie explained that one aspect of his business model is to sell growlers of beer on site to patrons. He explained that a growler is a half gallon jug of fresh draft beer that is sealed at the facility and intended for home consumption. He would like to offer customers free tasting samples (limited to 2 ounces) of beer to aid in their purchase decisions. Dave Skrodksi asked Mr. Smylie if he considered selling flight tastings. Mr. Smylie responded that they intend to sell flights of beer but he feels making a customer purchase and entire flight might discourage growler business. The Local Liquor Control Commissioner asked the members if there were any concerns over Mr. Smylie’s request. No concerns were voiced. The board recommends issuing an amendment to the Class T Liquor License to be introduced at the City Council meeting on June 24, 2013. The Wine Goddess: Dianna Hamman, owner of The Wine Goddess, was unable to attend the meeting. DISCUSSION ONLY ITEMS Liquor Code Rewrite: Grant Farrar asked the Liquor Board members for feedback on the draft rewrite of the liquor code. He stated that the goal was to provide some clarity and consolidation to the liquor code. Liquor classes are consolidated by retail sales/restaurants and one-off specialty licenses. With certain classes reserved for future license types. 320 of 994 Page 4 of 4 Marion Peach asked Mr. Farrar if he was satisfied that the rewrite is clear and less cumbersome that the previous version. Mr. Farrar stated that he feels it is clearer and that similar business models are grouped together in the rewrite. Certain classes are reserved for new business models. Mr. Farrar also discussed expanding the BASSET requirement to all servers. The Mayor expressed strong approval for this change. Mr. Peach wondered if alcohol tasting ought to be addressed in general in the liquor code. Mr. Farrar explained that it would require changing the underlying language with respects to refrigerated beers for certain classes. Mr. Farrar outlined his timeline for approval of the rewrite. He will present the rewrite to Administration and Public Works on June 10, 2013. He will work with the committee regarding introduction of the new ordinance. He stated that the effective date would be January 1, 2014 in order to allow him and Theresa Whittington time to conform all liquor licenses and documentation to the new city code. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl, Mayor at 11:48 p.m., May 30, 2013. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 321 of 994 For City Council meeting of July 1, 2013 Item A12 Ordinance 68-O-13: Amending Class P-1 Craft Brewery Liquor License For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 68-O-13, Amending Class P Liquor License Date: June 24, 2013 Recommended Action: Staff recommends City Council adoption of Ordinance 68-O-13. This ordinance was introduced at the June 24, 2013 City Council meeting. Summary: The City of Evanston’s (“City”) Class P-1 liquor license is the craft brewery license. Ordinance 68-O-13 amends Class P-1 by increasing the maximum quantity of craft beer permitted for on-site production and storage from 465,000 gallons to 930,000 gallons annually. This amendment mirrors measures recently adopted by the state legislature in HB 1573. Temperance Beer Company, 2000 Dempster Street, will become the City’s first licensed craft brewery if Ordinance 65-O-13 is adopted. Temperance Founder Josh Gilbert requested that the City amend its Class P-1 liquor license to match the permissible production and storage limitations adopted by the General Assembly. Section two in Ordinance 68-O-13 states that the ordinance shall not become effective until HB 1573, including its amendments, come into effect as state law. Legislative History: The City Council adopted Ordinance 109-O-12 which created the Class P-1 liquor license to permit craft breweries to manufacture, store and sell craft beer. Per 109-O- 12, craft breweries may currently produce and store up to 465,000 gallons of craft beer. ------------------------------------------------------------------------------------- Attachment: Ordinance 68-O-13 Memorandum 322 of 994 6/5/2013 68-O-13 AN ORDINANCE Amending Subsection 3-4-6-(P1) to Increase Craft Brewery Production Limits to 930,000 gallons WHEREAS, the City of Evanston’s (“City”) Class P-1 liquor license permits craft breweries to produce and store on-site 465,000 gallons of alcohol annually; and WHEREAS, the 98th Illinois General Assembly passed HB 1573, which amends the Liquor Control Act of 1934, including production limits for craft brewers; and WHEREAS, if and when HB 3450 is signed into law, the amount of craft beer that individual Illinois craft breweries may lawfully produce and store on-site will increase from 465,000 gallons annually, to 930,000 gallons. 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 by increasing the production limit, to read as follows: (P-1) CRAFT BREWERY license, shall authorize the on-site production and storage of beer in quantities not to exceed four hundred sixty-five thousand (465,000) gallons (or 15,000 barrels) nine hundred thirty thousand (930,000) gallons (or 30,000 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 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. 323 of 994 68-O-13 ~2~ 2. During 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 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. 3. Class P-1 licensees must have at least one (1) BASSET-certified site manager on-premises whenever beer is available for on-site consumption. Class P-1 licensees must provide food service whenever beer is available for on-site consumption. 4. 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. 5. Every Class P-1 licensee must have a valid Class 3 Brewer's License from the State of Illinois. 6. Every employee of a Class P-1 licensee who participates in the production and sale of beer, pursuant to this license class, must be BASSET-certified. The annual single payment fee for initial issuance or renewal of such license shall be $1,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $1,890.00. No more than zero (0) 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, but not at any 324 of 994 68-O-13 ~3~ time prior to HB 1573, and the amendments therein, as adopted by the 98th Illinois General Assembly becomes law in 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: 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: _________________, 2013 Adopted: ___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 325 of 994 For City Council meeting of July 8, 2013 Item A13 Ordinance 66-O-13: Authorizing Tastings for Class N Liquor Licencees For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 66-O-13, Authorizing Class N Liquor Licensees to Offer Tastings Date: June 25, 2013 Recommended Action: The Liquor Control Review Board recommends City Council adoption of Ordinance 66- O-13. This ordinance was introduced at the June 24, 2013 City Council meeting. Funding Source: n/a Summary: Ordinance 66-O-13 amends Evanston City Code of 2012 Subsection 3-4-6-(N), as amended, to authorize Class N liquor licensees to offer tastings of alcoholic liquor. Class N liquor licenses are held by grocery stores including Jewel Osco, Dominick’s, Food 4 Less, Whole Foods, and Sam’s Club. At the May 30, 2013 Liquor Control Review Board meeting, Connie Zaio of American Drug Stores, LLC d/b/a Osco Drug, requested that Class N be amended to permit in-store tastings. The proposed amendment mirrors language used for the City’s Class AA liquor license definition, and incorporates tasting size limitations in accordance with Section 100.10 and 100.40 of the Illinois Liquor Control Commission Rules. This ordinance will not excuse licensees from complying with state regulations for tastings. Legislative History: At its May 30, 2013 meeting, the Liquor Control Review Board recommended drafting an ordinance permitting Class N liquor licensees to offer tastings. Attachments: Ordinance 66-O-13 See Agenda Item A11 for the May 30, 2013 Liquor Control Review Board Meeting Minutes Memorandum 326 of 994 6/5/2013 66-O-13 AN ORDINANCE Amending Subsection 3-4-6-(N) of the City Code to Authorize Class N Licensees to Offer Tastings NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(N) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (N) CLASS N licenses, which shall authorize the retail sale of alcoholic liquor in grocery stores, combination stores as defined in Section 3-4-1 of this Chapter, and wholesale clubs requiring membership in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. Class N licenses shall also authorize the tasting of alcoholic liquor not exceeding the limits set forth herein. The applicant for such license shall pay an initial fee of thirty-five thousand dollars ($35,000.00) and thereafter an annual fee of eleven thousand five hundred dollars ($11,500.00). 1. It shall be unlawful for a Class N licensee to sell a single container of beer unless the volume of the container is greater than forty (40) ounces or 1.18 liters. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this Subsection. Nothing in this Subsection shall be construed as prohibiting the sale of packages containing six single containers of beer, including such packages consisting of various single containers of beer chosen by the consumer. 2. It shall be unlawful for a Class N licensee to sell a single container of wine unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 3. It shall be unlawful for a Class N licensee to sell a single container of alcoholic liquor, except beer and wine which are regulated by Subsections (N)1 and (N)2 of this Section, unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 327 of 994 66-O-13 ~2~ 4. The sale of alcoholic liquor at retail pursuant to the Class N license may begin after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 12:00 midnight on any day. 5. No such license may be granted to an establishment that is located within five hundred (500) feet of a licensee holding a Class N liquor license. 6. A Class N licensee shall provide a minimum of twelve thousand (12,000) square feet of production, preparation, and display area in which products are prepared and are for sale. 7. Class N licenses shall permit the tasting of samples of the alcoholic liquor permitted to be sold under this classification, on the licensed premises during authorized hours of business. No charge, cost, fee, or other consideration of any kind shall be levied for any such tasting. Licensees shall not provide more than three (3) free tastings, each of which shall not exceed one fluid ounce (1 fl. oz.) for wine, two fluid ounces (2 fl. oz.) for beer and one-quarter fluid ounce (0.25 fl. oz.) for distilled alcohol, to any person in a day. Licensees must have at least one (1) BASSET-certified site manager on-premises whenever offering alcoholic liquor for tastings. Licensees must provide food service when offering alcoholic liquor for tastings. The total number of Class N licenses in effect at any one time shall not exceed seven (7). 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 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 328 of 994 66-O-13 ~3~ 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: _________________, 2013 Adopted: ___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 329 of 994 For City Council meeting of July 8, 2013 Item A1 4 Ordinance 67-O-13: Authorizing Sampling for Class T Liquor Licensees For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 67-O-13, Authorizing Class T Liquor Licensees to Offer Samples Date: June 25, 2013 Recommended Action: The Liquor Control Review Board recommends City Council adoption of Ordinance 67- O-13. This ordinance was introduced at the June 24, 2013 City Council meeting. Summary: Ordinance 67-O-13 amends Evanston City Code of 2012 Subsection 3-4-6-(T), as amended, to authorize Class T liquor licensees to offer samples of beer brewed by the licensee. Class T is the City’s brewpub liquor license, and Smylie Bros. Restaurant and Brewery is the City’s only Class T licensee. At the May 30, 20 13 Liquor Control Review Board meeting, Michael Smylie requested an amendment to Class T to permit beer sampling. The proposed amendment mirrors language used for the City’s Class P-1 craft brewery liquor license definition. The two ounce (2 oz.) size limit incorporates applicable regulations found in the Illinois Liquor Control Commission Rules Section 110.10. Legislative History: At its May 30, 2013 meeting, the Liquor Control Review Board recommended drafting an ordinance permitting Class T liquor licensees to offer beer samples. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 67-O-13 See Agenda Item A11 for the May 30, 2013 Liquor Control Review Board Meeting Minutes Memorandum 330 of 994 6/5/2013 67-O-13 AN ORDINANCE Amending Subsection 3-4-6-(T) of the City Code to Authorize Class T Licensees to Offer Samples NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(T) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (T) CLASS T licenses, which shall authorize the retail sale of beer in combination brewpub restaurants, which beer is brewed by the licensee at any of its designated premises in a brew pub for consumption on or off the licensed premises and the sale of alcoholic liquor excluding beer for consumption on the premises where sold. Notwithstanding any of the foregoing, the on-premises consumption of beer and other alcoholic liquor is permitted only in the restaurant area. No Class T license may be granted to, or retained by, an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant," as defined in Section 3-4-1 of this Chapter. Establishments holding Class T licenses must have some food service available when alcoholic liquor, including beer brewed at any of the licensee's designated locations, is being sold. Class T licenses authorize retail sales of beer for off-premises consumption only in original packages to persons of at least twenty-one (21) years of age, Class T licenses shall be issued only to premises located within the core area. Each class T license shall be subject to the following conditions: 1. It shall be unlawful for a class T licensee to sell a single container of beer for off- premises consumption unless the container is greater than or equal to forty (40) fluid ounces or 1.18 liters. 2. Beer purchased in original packages for consumption off the licensed premises shall not be consumed in the restaurant. All beer sold for consumption off the 331 of 994 67-O-13 ~2~ premises shall be placed in a paper or plastic bag prior to its delivery to the purchaser. 3. During authorized hours of business, Class T licensees may offer for on-site consumption samples of beer brewed by the licensee and permitted to be sold pursuant to this classification. Licensees shall not provide more than three (3) free samples, each of which shall not exceed two fluid ounces (2 fl. oz.), 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 fluid ounces (16 fl. oz.). 3. 4. It shall be unlawful for the holder of a Class T license to offer for sale at retail any beer in original packages for consumption off the premises where sold before the hour of ten o'clock (10:00) a.m., or after the hour of ten o'clock (10:00) p.m., on Monday through Thursday; before the hour of ten o'clock (10:00) a.m., or after the hour of eleven o'clock (11:00) p.m., Friday and Saturday; and before the hour of twelve o'clock (12:00) noon and after the hour of ten o'clock (10:00) p.m. on Sunday. 4. 5. The combination brewpub restaurant must have a valid brew pub license from the State of Illinois for the brewing of beer. The annual fee for such license shall be $7,500.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable to the provisions of Section 3-4-7 of this Chapter, shall be $7,875.00. No more than one (1) 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 332 of 994 67-O-13 ~3~ 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: _________________, 2013 Adopted: ___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 333 of 994 For City Council meeting of July 8, 2013 Item A15 Ordinance 56-O-13: Text Amendment Re: Mailings for Vehicle Immobilization For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 56-O-13, Text Amendment to City Code Subsection 11-2-11- (B) to Correct Code Reference Date: June 3, 2013 Recommended Action: Staff recommends City Council adoption of Ordinance 56-O-13. This ordinance was introduced at the June 24, 2013 City Council meeting. Funding Source: n/a Summary: Ordinance 56-O-13 amends the text of Evanston City Code of 2012 Subsection 11-2- 11-(B), as amended, to correct the Code reference regarding mailing notices of impending vehicle immobilization. The vehicle immobilization program is not new and this ordinance does not substantively amend the program; however, Subsection 11-2- 11-(B) currently references Section 10-6-15 for instructions on mailing notice. That reference is incorrect. The correct reference is Subsection 11-2-5-(F), and this ordinance amends Subsection 11-2-11-(B) to insert the correct reference. Legislative History: n/a Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 56-O-13 Memorandum 334 of 994 5/24/2013 56-O-13 AN ORDINANCE Amending Subsection 11-2-11(B) of the City Code Regarding Notice of Impending Vehicle Immobilization to Correct Code Reference NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 11-2-11-(B), “Immobilization Program,” of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (B) When the registered owner of a vehicle has accumulated five (5) or more final determinations of parking and/or compliance violation liability, in any combination, for which the fines and applicable penalties, have not been paid in full, the Administrative Hearings Division Manager shall cause a notice of impending vehicle immobilization to be sent in accordance with Section 10-6-15 Subsection 11-2-5-(F) of this Code. The notice of impending vehicle immobilization shall state the name and address of the registered owner, the state registration number of the vehicle or vehicles registered to such owner, and the serial numbers of parking and/or compliance violation notices which have resulted in final determination of liability for which fines and/or penalties remain unpaid. Failure to pay the fines and penalties owed within twenty one (21) days from the date of the notice will result in the inclusion of the state registration number of the vehicle or vehicles of such owner on an immobilization list. A person may challenge the validity of the notice of impending vehicle immobilization by requesting a hearing and appearing in person to submit evidence which would disprove liability within twenty one (21) days of the date of the notice. Documentary evidence which disproves liability shall be based on the following grounds: 1. That all fines and penalties for the violations cited in the notice have been paid in full; or 335 of 994 56-O-13 ~2~ 2. That the registered owner has not accumulated five (5) or more final determinations of parking violation liability which were unpaid at the time the notice of impending vehicle immobilization was issued. 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 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: _________________, 2013 Adopted: ___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 336 of 994 For City Council meeting of July 8, 2013 Item A16 Ordinance 74-O-13: Three-Way Stop at Dewey Avenue and Washington Street 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 Homayoon Pirooz, P.E., Assistant Director, Public Works Rajeev Dahal, Senior Traffic Engineer Subject: Ordinance 74-O-13 Amending the City Code to Establish a Three-Way Stop at Dewey Avenue and Washington Street Date: June 18, 2013 Recommended Action: The Alderman of the Ninth Ward recommends the adoption of the proposed ordinance 74-O-13 by which the City Council would amend Section 10-11-5 (C), Schedule V (C) of the City Code to establish a Three-Way Stop at Dewey Avenue and Washington Street. This ordinance was introduced at the June 24, 2013 City Council meeting. Funding Source: Funding is provided by Traffic Control Supplies Account 2670.65115, which has $40,000 budgeted for FY 2013. Summary: The subject intersection is one block south of Robert Crown Park. There are gaps in sidewalks to the north and south of the intersection. North of the intersection, there is sidewalk only on the west side, and south of the intersection, there is sidewalk only on the east side. Therefore, pedestrians need to cross Dewey at the intersection to access the sidewalk. Washington is a one-way street in the east bound direction. The Alderman of the ward has requested a three way stop sign at the intersection to address some of the safety issues. As part of the Neighborhood Traffic Calming Program residents in the neighborhood can submit a petition requesting stop signs if the intersection does not meet warrants. This intersection does not meet the warrants and the Public Works Department has not received a petition for this intersection. Attachment: Ordinance 74-O-13 Memorandum 337 of 994 06/12/2013 74-O-13 AN ORDINANCE Amending Section 10-11-5(C), Schedule V(C) of the Evanston City Code, “Three-Way Stops” (Three-Way Stop at Dewey Avenue and Washington Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 10-11-5(C), Schedule V(C), “Three-Way Stops” of the Evanston City Code, 1979, as amended, is hereby further amended by adding the following: N. & S. and E. traffic at Dewey Avenue and Washington Street SECTION 2: That the findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Complied Statues and the courts of the State of Illinois. SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: That this Ordinance 74-O-13 shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 5: That if any provision of this Ordinance 74-O-13 or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of 338 of 994 ~2~ this Ordinance 74-O-13 that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance 74-O-13 is severable. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene City Clerk Approved as to form: ______________________________ Grant Farrar Corporation Counsel 339 of 994 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, July 8, 2013 7:15 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston City Council Chambers AGENDA I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN WYNNE, CHAIR II. APPROVAL OF REGULAR MEETING MINUTES OF JUNE 24, 2013 III. ITEMS FOR CONSIDERATION (P1) Resolution 39-R-13 Designating the Portion of Poplar Avenue between Central Street and Harrison Street with the Honorary Street Name Sign, “Mary Lou Smith Way”. The Citizens’ Advisory Committee on Public Place Names recommends approval of Resolution 39-R-13. For Action (P2) Approval of a Sidewalk Café for Farmhouse Evanston Staff requests consideration of a first-time application for a sidewalk café (SWC) permit for Farmhouse Evanston a Type 1 Restaurant located at 703 Church St. For Action (P3) Approval of a Sidewalk Café for La Macchina Cafe Staff requests consideration of a first-time application for a sidewalk café (SWC) permit for La Macchina Cafe a Type 1 Restaurant located at 1620 Orrington Ave. For Action 340 of 994 Planning & Development Committee Meeting Agenda Page 2 of 2 July 8, 2013 (P4) Approval of a Application for HOME Funds for a Tenant Based Rental Assistance Program by Connections for the Homeless The Housing and Homelessness Commission and staff recommend approval of a $500,000 HOME grant to Connections for the Homeless for a 36-month Tenant Based Rental Assistance program (TBRA) that will run from September 2013 to August 2016; expenditures are projected as follows: $30,000 in 2013, $250,000 in 2014, $190,000 in 2015 and $25,000 in 2016. TBRA was also recommended by the Mayor’s Task Force on Homelessness in 2012. For Action IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 341 of 994 Planning & Development Committee Meeting Minutes of June 24, 2013 City Council Chambers – 7:15 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Fiske, D. Holmes, A. Rainey, M. Tendam, D. Wilson, MEMBERS ABSENT: J. Grover, M. Wynne STAFF PRESENT: W. Bobkiewicz, Ald. Braithwaite, G. Block, Chief Hohl, M. Klotz, D. Marino, M. Masoncup, J. Maiworm, B. Newman PRESIDING OFFICIAL: Ald. Fiske I. DECLARATION OF QUORUM A quorum being present, and Chair Wynne being absent, Ald. Fiske called the meeting to order at 7:20 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF JUNE 10, 2013 Ald. Rainey moved approval of the minutes of the June 10, 2013 P&D meeting, seconded by Ald. Holmes. The minutes of the June 10, 2013 P&D meeting were approved unanimously 5-0. III. ITEMS FOR CONSIDERATION (P1) Resolution 40-R-13 Designating the Portion of Austin Street between Asbury Avenue and Barton Avenue with the Honorary Street Name Sign, “Dr. Richard E. Lyons Way”. The Citizens’ Advisory Committee on Public Place Names recommends approval of Resolution 40-R-13. For Action Ald. Rainey moved to recommend approval, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to recommend approval of Resolution 40-R-13. Ald. Rainey noted that the item will be a special order of business at the City Council meeting. DRAFT – NOT APPROVED 342 of 994 Planning & Development Committee Meeting Minutes of 6-24-13 Page 2 of 4 (P2) Ordinance 71-O-13 Granting a Special Use for a Wholesale Goods Establishment at 2310 Main Street The Zoning Board of Appeals, the Site Plan and Appearance Review Committee, and staff recommend the adoption of Ordinance 71-O-13 granting a special use permit for the establishment of a Wholesale Goods Establishment by Few Spirits, LLC at 2310 Main Street. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. For Introduction Ald. Rainey moved to recommend introduction, seconded by Ald. Wilson. The Committee voted unanimously 5-0 to recommend introduction of Ordinance 71-O-13. (P3) Ordinance 70-O-13 Granting a Special Use for a Type 2 Restaurant at 1907 Central Street The Zoning Board of Appeals, the Site Plan and Appearance Review Committee, and staff recommend the adoption of Ordinance 70-O-13 granting a special use permit the establishment of a Type 2 Restaurant, Leonidas Chocolate Café at 1907 Central Street. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this district. For Introduction Ald. Rainey moved to recommend introduction, seconded by Ald. Wilson. The Committee voted unanimously 5-0 to recommend introduction of Ordinance 70-O-13. (P4) Ordinance 69-O-13 Granting a Special Use for a Resale Establishment at 1940 Dempster Street The Zoning Board of Appeals, the Site Plan and Appearance Review Committee, and staff recommend the adoption of Ordinance 69-O-13 granting a special use permit for a Resale Establishment for children’s clothing and other items, Kazoom. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this district. Alderman Braithwaite requests suspension of the rules to allow introduction and action at the same meeting. For Introduction and Action Ald. Rainey moved to recommend introduction and suspension of the rules, seconded by Ald. Tendam. The Committee voted unanimously 5-0 to recommend introduction and suspension of the rules for Ordinance 69-O-13. 343 of 994 Planning & Development Committee Meeting Minutes of 6-24-13 Page 3 of 4 (P5) Ordinance 72-O-13 Amending the Special Use Permit for a Type 2 Restaurant at 519 Main Street (Starbucks) Staff recommends the adoption of Ordinance 72-O-13 that deletes the condition of an adopted special use from 1992 (Section 3-C of Ordinance 121-O-01) requiring that the Starbucks at 519 Main Street hire off duty police officers to issue parking citations to customers who illegally park in the vicinity of Starbucks. The staff recommendation to release this condition is based on the experience during the past ten months when Starbucks was permitted by their request to not hire off duty officers on an experimental basis. There have not been reports of any problems during this period. No other Type II restaurant currently has such a condition imposed. For Introduction Ald. Rainey moved to recommend introduction, seconded by Ald. Wilson. The Committee voted unanimously 5-0 to recommend introduction of Ordinance 72-O-13. At Ald. Holmes’ inquiry, Wally Bobkiewicz, City Manager, said that Ald. Wynne, in whose ward the Starbuck’s is located, has met with staff and approves the amendment. Ald. Rainey noted that at the time the Ordinance was put in place, there were only a couple of Starbucks in Evanston, causing the parking problem, and now there are several. (P6) Approval of Request for a Three Year Extension of a Special Use for the Establishment of a Dormitory at 1620 Central Street (National Louis University PACE Program) Staff recommends approval of the requested three year extension of the adopted special use for a dormitory for the National Louis University PACE program. The project and special use are consistent with the Comprehensive Plan and the Central Street Zoning Overlay. The property owner cites challenges encountered by National Louis in implementing its plan for 1620 Central Street and its actions and plan to overcome these obstacles. For Action Ald. Wilson moved to recommend approval, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to recommend approval of the three year extension. (P7) Ordinance 73-O-13 Granting a Special Use for a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 73-O-13 granting a special use permit for the operation of a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street. The applicant has complied with all zoning requirements and meets all of the Standards of a special use for this District. The Zoning Board of Appeals found this as well in its findings for a positive recommendation. For Introduction 344 of 994 Planning & Development Committee Meeting Minutes of 6-24-13 Page 4 of 4 Ald. Rainey moved to recommend introduction, seconded by Ald. Tendam. The Committee voted unanimously 5-0 to recommend introduction of Ordinance 73-O-13. IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT Ald. Rainey moved to adjourn, seconded by Ald. Tendam. The meeting was adjourned at 7:30 p.m. Respectfully submitted, Bobbie Newman 345 of 994 For City Council meeting of July 8, 2013 Item P1 Resolution 39-R-13: Honorary Street Name Sign Mary Lou Smith Way For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Citizens’ Advisory Committee on Public Place Names Douglas Gaynor, Director of Parks, Recreation and Community Services Subject: Resolution 39-R-13 Designating the Portion of Poplar Avenue between Central Street and Harrison Street with the Honorary Street Name Sign, “Mary Lou Smith Way”. Date: June 27, 2013 Recommended Action: The Citizens’ Advisory Committee on Public Place Names recommends approval of Resolution 39-R-13. Funding Source: Funds for the honorary street name sign program is budgeted in the Streets and Sanitation Division’s materials account #2670.65115. 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 their May 30, 2013 meeting, the Citizens’ Advisory Committee on Public Place Names reviewed the honorary street name sign application submitted by Mark Sloane and supported by Alderman Jane Grover. It was a unanimous decision by the Committee to recommend approval of designating an honorary street name sign honoring Mary Lou Smith. Memorandum 346 of 994 Page 2 of 2 ------------------------------------------------------------------------------------- Attachments: Resolution 39-R-13 Honorary Street Name Sign Application for Mary Lou Smith 347 of 994 6/10/2013 39-R-13 A RESOLUTION Designating that Portion of Poplar Avenue between Central Street and Harrison Street with the Honorary Street Name Sign, “Mary Lou Smith Way” WHEREAS, Mary Lou Smith recently retired after twenty-five (25) years as the proprietor of Top of the Tracks, the coffee shop located in the Evanston Central Street Metra station, which is directly behind Poplar Avenue; and WHEREAS, Mary Lou Smith’s positive, pleasant, warm, and friendly demeanor at Top of the Tracks helped start many people’s days on the right track; and WHEREAS, Mary Lou Smith is a lifelong resident of Evanston, and constantly gives back to the City; and WHEREAS, Mary Lou Smith has a great history of community service as a member of the Central Street Association, the North End Mothers’ Club, and the City’s Transportation and Parking Committee, 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: On behalf of the entire citizenry of the City of Evanston, the City Council hereby expresses appreciation for Mary Lou Smith by designating that portion of Poplar Avenue between Central Street and Harrison Street “Mary Lou Smith Way.” 348 of 994 39-R-13 ~2~ SECTION 3: That this Resolution 39-R-13 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: __________________, 2013 349 of 994 350 of 994 351 of 994 352 of 994 For City Council meeting of July 8, 2013 Item P2 Business of the City by Motion – Sidewalk Café, Farmhouse Evanston For Action To: Honorable Mayor and Members of the City Council Planning & Development Committee From: Evonda Thomas-Smith, Health Department Director Subject: Sidewalk Café for Farmhouse Evanston Date: July 1, 2013 Recommended Action: Consideration to approve a first-time application for a sidewalk café (SWC) permit for Farmhouse Evanston a Type 1 Restaurant located at 703 Church St. Funding Source: Not applicable. Summary: At the June 26, 2013 Site Plan and Appearance Review Committee (SPAARC) meeting, with owner, Diane Mulligan, in attendance, the committee reviewed the findings of the Health Department, Engineering Division and Legal Department. They approved the request for a SWC permit. Legislative History: Considered at the June 26, 2013 SPAARC meeting; committee voted to recommend approval of the application as submitted. Alternatives: Not applicable. ------------------------------------------------------------------------------------- Attachments: SWC Application Farmhouse Restaurant SWC Site Plan Farmhouse Restaurant Memorandum 353 of 994 SWC SPAARC Farmhouse Restaurant 354 of 994 355 of 994 356 of 994 357 of 994 358 of 994 359 of 994 360 of 994 361 of 994 362 of 994 363 of 994 364 of 994 365 of 994 366 of 994 367 of 994 For City Council meeting of July 8, 2013 Item P3 Business of the City by Motion – Sidewalk Café, La Macchina Cafe For Action To: Honorable Mayor and Members of the City Council Planning & Development Committee From: Evonda Thomas-Smith, Health Department Director Subject: Sidewalk Café for La Macchina Cafe Date: July 1, 2013 Recommended Action: Consideration to approve a first-time application for a sidewalk café (SWC) permit for La Macchina Cafe a Type 1 Restaurant located at 1620 Orrington Ave. Funding Source: Not applicable. Summary: At the June 26, 2013 Site Plan and Appearance Review Committee (SPAARC) meeting, with owner, Chris Casas, in attendance, the committee reviewed the findings of the Health Department, Engineering Division and Legal Department. They approved the request for a SWC permit. Legislative History: Considered at the June 26, 2013 SPAARC meeting; committee voted to recommend approval of the application as submitted. Alternatives: Not applicable. ------------------------------------------------------------------------------------- Attachments: SWC Application La Macchina Café Restaurant SWC Site Plan La Macchina Café Restaurant SWC SPAARC La Macchina Café Restaurant Memorandum 368 of 994 369 of 994 370 of 994 371 of 994 372 of 994 373 of 994 374 of 994 375 of 994 376 of 994 377 of 994 378 of 994 379 of 994 380 of 994 For City Council meeting of July 8, 2013 Item P4 Business of the City by Motion:Tenant Based Rental Assistance Program For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Sarah Flax, Housing and Grants Administrator Mary Ellen Poole, Housing Planner Subject: Application for HOME Funds for a Tenant Based Rental Assistance Program by Connections for the Homeless Date: June 24, 2013 Recommendation The Housing and Homelessness Commission and staff recommend approval of a $500,000 HOME grant to Connections for the Homeless for a 36-month Tenant Based Rental Assistance program (TBRA) that will run from September 2013 to August 2016; expenditures are projected as follows: $30,000 in 2013, $250,000 in 2014, $190,000 in 2015 and $25,000 in 2016. TBRA was also recommended by the Mayor’s Task Force on Homelessness in 2012. The goal of this program is to enable families with children under the age of 18 whose head(s) of households are unemployed or underemployed to break the cycle of poverty and instability by developing the capacity to earn a living wage and thereby support their families and afford market rate rental housing. Funding Source of funding is the City’s HOME Investment Partnerships grant. The City has a balance of approximately $740,000 in HOME entitlement funds in its line of credit, of which $235,000 must be committed to projects by August 31, 2013. TBRA is an eligible use of HOME funds that HUD is promoting as a flexible and responsive tool to address housing needs. Discussion Connections for the Homeless requests a $500,000 HOME grant from the City of Evanston to provide rental assistance of up to 24 months to between 20 and 30 households in their Learn and Earn program. The program will launch in August 2013 and will initially qualify and engage an estimated three to four new families in the program each month. It is estimated that the program will provide stable housing for between 60 and 90 adults and children over a 36-month period. TBRA would put eligible households into existing market rate rental housing (there are approximately 31,000 Memorandum 381 of 994 Page 2 rental units in Evanston). Households may choose to remain in their unit following their participation in the TBRA program. The Learn and Earn program will target households with children under the age of 18 that are homeless or unstably housed, most will be identified in collaboration with School District 65 and/or 202. These households are unable to afford independent market rate rental housing because the head(s) of household lack the education and/or job skills to earn a living wage. Learn and Earn would use HOME to establish and maintain stable housing for up to 24 months for assisted households. Connections would provide the wrap around services including job training and education through partnerships with organizations including Oakton Community College, Inspiration Corporation, Jane Addams Resource Center, Evanston Rebuilding Warehouse, Truman and Wright Colleges, CDL Megatrucking Institute, and Turkiendorf Health Training Institute. It is anticipated that each HH’s rent subsidy would decline over the period of subsidy as the head(s) of household increase their earning capacity and move toward achieving self-sufficiency at program completion. Homeless and unstably housed families with children under the age of 18 have been identified as a priority for assistance in the City’s 2010-2014 Consolidated Plan, 2009 Affordable Housing Taskforce Report and Taskforce to End Homelessness Report Evanston School Districts 65 and 202 have identified between 344 and 400 students who are attending our schools who are homeless or unstably housed, and living in shelters in Chicago or couch surfing in Evanston. Families are ineligible for General Assistance through Evanston Township. Learn and Earn families will need a longer term rental subsidy and more comprehensive support services than can be provided by the Emergency Solutions Grant program (ESG) in order to achieve stable housing and economic independence. ESG re-housing funds provide up to six months rental subsidy and ESG prevention funds are restricted to HHs with income below 30% of the area median income (AMI). Using HOME for Tenant Based Rental Assistance to address the immediate need for affordable housing was identified as a strategy to address unmet needs in the City’s 2010-2014 Consolidated Plan and 2013 Action Plan, and was recommended by the Mayor’s Task Force to End Homelessness. In addition to providing affordable housing for Evanston households, TBRA uses existing rental housing stock and has the added benefit of providing stable tenants, particularly for small landlords and owner occupied two- and three-flats, which comprise a substantial part of the City’s rental units, particularly 2-bedrooms and larger. TBRA tenants are thoroughly screened and receive supportive services from a Sponsor agency. A program goal is to help locate TBRA families in their neighborhoods of choice based on their children’s school attendance areas or other factors that contribute to family and neighborhood stability. Connections will provide case management services and referrals to mainstream services for TBRA HHs throughout the program. This includes helping participants obtain part-time employment while in school/job training and full-time employment at completion of training. Connections will also assist families to obtain childcare as needed and provide on-going support throughout the program, drawing on the broad range of social services in the Evanston community. 382 of 994 Page 3 To be eligible for TBRA, a family must either be living in Evanston (current or last address), or the head of household works in Evanston or has a bonafide job offer in Evanston. The household income of most program participants will be between 30% and 50% of AMI and have the capacity to increase their household income to at least 50% of AMI within a 24 month period. Analysis shows that a household of three needs an income of at least 50% of AMI, currently $33,150, to sustain independent housing in Evanston. Incomes must be verified following HUD Part 5 income definition and process before assistance is provided and re-examined at least annually. Income may not exceed 60% AMI at intake and rental assistance must be terminated when the household’s income exceeds 80% of AMI. Prospects will be identified and referred by schools and other agencies to Connections for assessment for the program. Screened for program eligibility by Connections, then reviewed by a committee of Connections and City staff following the process used for HPRP and ESG. Those approved by the committee will work with a case manager to develop a client directed plan to develop independence that includes education/training, financial literacy/money management, tenant training, and may include child care and other components based on the needs of the family. Adult(s) sign this agreement and meet with their case manager at least monthly to assess and modify the plan based on progress. Program participation may be terminated for lack of cooperation/compliance with the case management plan. TBRA households may select any rental housing unit in the City of Evanston that meets HUD Housing Quality Standards (HQS) in pre-lease inspection and subsequent annual inspections. Units must meet occupancy standards based on household size and composition according to the City of Evanston’s occupancy code. Connections will work with landlords throughout the City to locate units in the neighborhoods of choice for each HH. Rent will be based on the Housing Authority of Cook County north region Payment Standard and depends on the apartment size and the area where the rental unit is located. The payment standard is often the same as the fair market rent but may be slightly higher or lower. Rents must be reasonable and cannot exceed HACC’s Payment Standard for Evanston. Program participants will be required to pay a share of their rent and utilities. Program Participants with no income may be eligible for TBRA based on the proposed program targeting and guidelines. However, there must be a realistic plan that enables the household to achieve economic self-sufficiency within a stated period of time. Utilities may be included in what is determined to be gross rent for a program participant. When utilities are not included in the rent, a utility allowance may be provided to the family. When a unit selected by a TBRA household has been inspected and approved, Connections will conduct a final household income verification and analysis to determine the household’s monthly payment and the HOME share of the rent/subsidy. 383 of 994 Page 4 The following household participation and spending benchmarks have been established for the TBRA program: 10 households enrolled in the program by December 31, 2013 20 households by December 31, 2014 $250,000 in HOME funds committed to specific households by June 30, 2014 and expended by December 31, 2014 $500,000 in HOME funds committed to specific clients by January 31, 2015 and expended by August 31, 2016 At minimum, a formal assessment of progress toward each benchmark will be made on a semi-annual basis, with guidance to correct, as needed. If a benchmark is not met, Connections will have 90 days to make changes/corrections. If Connections fails to meet the benchmarks within 90 days, unexpended HOME funds may be de-obligated and reallocated to other eligible HOME projects or programs. Upon approval of funding, staff will develop a subrecipient agreement with Connections for the Homeless similar to those used for CDBG and ESG programs. Payments will be made for actual expenditures. When a TRBA household signs a lease, Connections will submit a voucher with source documents of all rent payments to the City for security deposits and monthly rents following the same procedure used for HPRP and ESG. Connections will submit quarterly program reports with demographic information on households in the program required by HUD, and program indicators and outcomes including: Number of households evaluated for the program Number of households accepted and stably housed Number of heads of households in education/training program Number of heads of households completing education/training Information on employment/earnings of heads of households Number of households receiving child care support and other mainstream services Number of households compliant with case management plans Information will be summarized and provided to the Human Services Committee for review on a quarterly basis. 384 of 994 For City Council meeting of July 8, 2013 Item P5 Ordinance 71-O-13 Application for Special Use for a Wholesale Goods Establishment at 2310 Main Street For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Dennis Marino, Manager, Planning and Zoning Division Susan Guderley, Neighborhood Planner, Planning and Zoning Division Subject: Ordinance 71-O-13 Granting a Special Use for a Wholesale Goods Establishment at 2310 Main Street Date: June 24, 2013 Recommended Action The Zoning Board of Appeals recommends the adoption of Ordinance 71-O-13 granting a special use permit for the establishment of a Wholesale Goods Establishment by Few Spirits, LLC. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. The Site Plan and Appearance Review Committee and staff also recommend approval of this request. This ordinance was introduced at the June 24, 2013 City Council meeting. Summary The applicant proposes to use the subject property for two functions which will support on-going operations at its original Evanston location, 918 Chicago Avenue. Approximately half of this space will be used to store aged product (whiskey) that will continue to be distilled at 918 Chicago Avenue. Initially, about half of the company’s inventory of aged product will be stored in this location. However, the applicant now plans to eventually transition the storage of all of this product here. The second activity proposed will be product bottling and fulfillment. The applicant proposes to install a bottling line in order to be able to bottle the barreled inventory that is stored on-site. This space will not be set up for retail or for consumer consumption. The property in question is the rear 4,004 square feet of one of seven commercial spaces located within a one-story, brick building. There are two means of ingress/egress to this space; a dedicated loading dock and an adjacent standard doorway, both of which are located in the rear of the building. These entrances are accessed via a driveway off of Main Street that runs along the east side of the building. Memorandum 385 of 994 2 This facility will be staffed on a part-time basis, on Tuesday, Wednesday and Friday afternoons. Two to three employees will split their time working here bottling and overseeing shipments with their duties at the company’s other location. As planned, barrels of product and bottling supplies will be delivered from the Chicago Avenue facility weekly, on Mondays and Tuesdays, respectively. After bottling, the product will be shipped out from the Main Street location once or twice per week. The applicant states that this facility will have little impact on traffic. Both product deliveries and shipments utilize mid-sized, commercial trucks which can be fully accommodated by the site’s driveway, rear turnaround and loading lock. Off-street parking spaces, more than sufficient to accommodate the expected number of employees, are available in either a front parking lot (26 spaces, including two ADA spaces) or in the rear of the building. The subject location is situated on a split-zoned parcel. That portion of its area west of the center line of Pitner Avenue (if extended south), including the subject location, is zoned C1 Commercial District. The remaining portion, east of that line, is zoned I2, Industria l District. Surrounding properties consist of a mix of manufacturing uses also zoned I2 to the east and northeast, small to mid-size commercial office and service uses, zoned C1, to the north, and large commercial retail uses, also zoned C1, to the west and south. Staff has not received any public comments from neighbors related to this request. Neighborhood Benefit The use is compatible with the mix of surrounding uses and will not result in any negative cumulative impacts. This location is well positioned for the described activity, with good vehicular access for deliveries to and from the business with little, if any, affect on surrounding uses. Comprehensive Plan The subject property is within an area designated by the Comprehensive General Plan as Retail and Mixed Use, which is intended to apply to a broad range of commercial retail goods and services establishments. The Comprehensive Plan specifically includes: Goal: Retain and enhance a diversity of business, commercial and industrial areas as desirable locations of economic activity. Objective: Promote the growth and redevelopment of business, commercial and industrial areas. Policy/Action: Encourage the location of new or expanding businesses in existing commercial and mixed-use locations that would benefit from redevelopment.. 386 of 994 Legislative History June 4, 2013: By a vote of 6-0, the Zoning Board of Appeals voted to recommend approval of this request with the following condition: 1. The project must be in substantial compliance with the documents and testimony on record Attachments Proposed Ordinance 71-O-13 June 4, 2013 ZBA Meeting Minutes ZBA Findings Staff memo to the ZBA ZBA Application Packet 387 of 994 6/7/2013 71-O-13 AN ORDINANCE Granting a Special Use Permit for a Wholesale Goods Establishment Located at 2310 Main Street in the C1 Commercial Zoning District (“Few Spirits”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on June 4, 2013, pursuant to proper notice, to consider case no. 13ZMJV-0045, an application by Few Spirits, LLC (the “Applicant”), lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 2310 Main Street (the “Subject Property”) and located in the C1 Commercial Zoning District, for a Special Use Permit to establish, pursuant to Subsection 6-10-2-3 of Title 6 of the Evanston City Code, 2012, as amended (the “Zoning Ordinance”), a Wholesale Goods Establishment on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and findings that the application for a Wholesale Goods Establishment met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of June 24, 2013, the City Council’s Planning and Development Committee (“P&D Committee”) considered and adopted the ZBA’s record and findings, and recommended City Council approval thereof; and WHEREAS, at its meetings of June 24 and July 8, 2013, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, 388 of 994 71-O-13 ~2~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Wholesale Goods Establishment applied for in case no. 13ZMJV-0045. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. 389 of 994 71-O-13 ~3~ SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 390 of 994 71-O-13 ~4~ EXHIBIT A Legal Description PARCEL 1: LOT 1 IN GENERAL DYNAMICS-EVANSTON INDUSTRIAL PARK, A SUBDIVISION OF PART OF THE SOUTHWEST ¼ OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF MAIN STREET (WHICH BEARS DUE EAST AND WEST FOR THE PURPOSE OF THIS DESCRIPTION), DISTANT 56.50 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF THE MOST SOUTHEASTERLY OR SOUTH-BOUND TRAIN TRACK OF THE CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY AS SAID MAIN TRACK IS NOW LOCATED; THENCE SOUTH 30 DEGREES, 19 MINUTES, 38 SECONDS WEST, A DISTANCE OF 47.63 FEET, THENCE NORTH 59 DEGREES, 05 MINUTES, 08 SECONDS EAST, A DISTANCE OF 412 FEET, MOR OR LESS, TO A POINT DISTANT 25 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF THE MOST NORTHWESTERLY OR NORTH-BOUND MAIN TRACK OF SAID TRANSPORTATION COMPANY, AS NO LOCATED; THENCE NORTHEASTERLY PARALLEL WITH THE LAST SAID MAIN TRACK CENTER LINE, A DISTANCE OF 123 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID MAIN STREET; THENCE DUE WEST ALONG SAID SOUTH LINE OF MAIN STREET, A DISTANCE OF 20 FEET, MORE OR LESS, TO THE POINT OF THE BEGINNING (EXCEPTING THEREFROM THAT PART, IF ANY, LYING SOUTHEASTERLY OF A LINE PARALLEL WITH AND DISTANT 15 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY YARD TRACK ICC NO. B-23, AS NOW LOCATED, BEING THE FIRST TRACK EASTERLY OF THE ABOVE-DESCRIBED REAL ESTATE, ALL IN COOK COUNTY, ILLINOIS. PIN: 10-24-300-009-0000 COMMONLY KNOWN AS: 2310 Main Street, Evanston, Illinois. 391 of 994 DRAFT NOT APPROVED Page 1 of 5 Zoning Board of Appeals MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, June 4, 2013 7:30 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Andrew Gallimore, Lori Summers, Beth McLennan, Clara Wineberg, Scott Gingold, Matt Rodgers Members Absent: Mary Beth Berns Staff Present: Melissa Klotz, Dennis Marino, Ken Cox Presiding Member: Lori Summers Declaration of Quorum With a quorum present, Chairman Summers called the meeting to order at 7:30pm. Approval of Minutes The minutes from the May 21, 2013 Zoning Board of Appeals meeting were motioned for approval by Mr. Rodgers and seconded by Mr. Gingold. The motion was approved 5-0 with 1 abstention. 1108 Grant Street 13ZMJV-0044 Neil McCarthy and Lindsey Dold, property owners, apply for major zoning relief to demolish a roofed front porch and construct a larger roofed front porch. The applicants request a front yard setback of 22.5’ where 24.3’ is required and a sideyard setback of 2.2’ where 4.5’ is required for porches (yard obstructions) (Zoning Code Section 6-4-1-9-B-1), and impervious surface coverage of 47% where a maximum of 45 5 is allowed (Zoning Code Section 6-8-2-10-A). The Zoning Board of Appeals is the determining body for this case. Mr. Rodgers motioned to continue this case due to the applicant not being able to attend a SPAARC meeting as of yet and the motion was seconded by Mr. Gallimore. The motion was approved 6-0. Unfinished Business 2112 Ewing Avenue 13ZMJV-0038 Edmund Moran, Jr., attorney, applies for a family necessity variation to retain an illegally rented coach house. The applicant requests to eliminate conditions imposed on granted variance case ZAR 01-33-M to allow the coach house to be legally occupied and rented by persons who are not members of the family occupying the principle dwelling unit (Zoning Code Section 6-3-8-14). The Zoning Board of Appeals is the determining body for this case. Mr. Gallimore noted he was absent from the May 21, 2013 Zoning Board of Appeals meeting but has since reviewed the testimony. Christine Martin, citizen, commented on how the community needs to support each other during hard times such as those mentioned in this case. Doris Brown, citizen, raised questions to the Zoning Board of Appeals including the applicability of the Family Necessity Variance for this case. 392 of 994 DRAFT NOT APPROVED Page 2 of 5 Zoning Board of Appeals Chairman Summers stated that the applicability of the family necessity variance will be discussed further in this meeting. Suzanna Johnson, property owner at 2915 Simpson Street, commented on how she once rented out her own family home’s basement in the past out of necessity. Mr. Gingold asked if a rented coach house is an allowable use in the R1 district, to which Ms. Klotz responded yes. Mr. Moran stated that the Family Necessity Variance is a viable option as listed in the Zoning Ordinance and this case is a quintessential example of such. Ms. McLennan stated that she understood the concerns voiced by neighbors regarding property values. She continued to say that planning and appraisers’ studies show sparse indications on whether or not property values are affected by coach houses or accessory dwelling units. These studies show that property values are not negatively affected, and actually increase values by 5-10%. Ms. McLennan, therefore, surmised the rental of the coach house would not negatively affect property values. Mr. Gingold replied that the question in this case regarding property values focuses on the surrounding properties. The research he conducted suggests properties with accessory dwelling units typically have lower property values. Ms. McLennan responded that the study Mr. Gingold was referring to specifically dealt with lower income neighborhoods. More than a thousand municipalities allow for accessory dwelling units for rent and many include areas characterized by higher income and higher property values, including Aspen, CO; San Francisco, CA; and Honolulu, HI, etc. Chairman Summers commented that there are many coach houses that are rented out throughout Evanston, particularly at larger homes near the lake. Ms. Brown stated that, originally, the primary use of coach houses were to house servants. The coach house in question was built with the intention to be used as storage, but is now used instead as a rental unit. She went on to say that historically, this area of Evanston does not have coach houses. Peter Steinhouse, citizen, reminded the board that the original variance contained 7 conditions including 5 of which are currently not in compliance. Bradley Knight, citizen, voiced his concerns regarding the privacy of his own property, security, and the lack of enforcement of the conditions since the approval of the original variance. The Zoning Board of Appeals then entered into deliberations: Ms. Wineberg stated that the issue at hand seems to be based on the financial issues of the tenant, not the property owner. She noted the applicant’s reasoning behind the applicability of the Family Necessity Variance was explained as the “growing family.” Ms. McLennan answered that she feels the reasoning would not be a growing family, but the third requirement of “alleviating an inconvenience.” She also stated that it is understandable that the tenant serves as the de facto owner, which is acceptable. Mr. Gingold stated that the original variance was specifically conditioned and the owners were expected to record those conditions. He also noted the LLC is the sister of the tenant, but is 393 of 994 DRAFT NOT APPROVED Page 3 of 5 Zoning Board of Appeals pleading ignorance. The LLC owner does not meet any of the three allowable reasons to qualify for the Family Necessity Variance. Overall, the conditions are not met for this variance. Ms. McLennan noted that one of the previous property owners is not present, and therefore, we do not know who was or was not aware of the imposed conditions. Testimony has been stated saying no one else was aware of the conditions and thought the coach house could be rented out. Mr. Gingold stated the structure only exists because of a granted variance that outlined specific conditions. Mr. Rodgers stated that this case would be different if the property owner came to the Zoning Board of Appeals prior to renting out the coach house to ask for the condition to be struck from the variance. The Family Necessity Variance in the Zoning Ordinance allows for the granting of certain situations like setbacks, etc. He feels the applicant filed the wrong type of zoning request and that this case does not demonstrate the right kind of inconvenience to qualify for the Family Necessity Variance. Mr. Gallimore noted the property owners were originally granted the variance under specific conditions. Therefore, it is likely that if those conditions had not been listed, the original variance would not have been approved. Chairman Summers commented that the approval of the original variance did not use common sense if they thought this coach house would not become a rental. Mr. Gingold remarked that the board does not need to go over Standards if this does not meet any of the three reasons for a Family Necessity Variance. Mr. Cox stated that if the case does not meet any of the 3 reasons for the Family necessity Variance, zoning staff rejects the application. Since zoning staff felt that the case met one of the 3 reasons, it is best to advance the record and go through with standards. The Standards were then discussed: 1) Yes-Summers, McLennan, Gallimore No- Wineberg, Gingold Abstaining- Rodgers: Believes it should not be a Family Necessity Variance 2) Yes- McLennan: Believes in embodiment of the 3rd reason-‘inconvenience’ No- Summers, Wineberg, Gingold, Gallimore: Believe the reasons provided do not meet the eligibility requirements of the Family Necessity Variance Abstaining- Rodgers 3) Yes- Summers, McLennan, Gallimore No- Wineberg, Gingold: Character will change Abstaining- Rodgers 4) Yes- Summers, McLennan, Gallimore No- Wineberg, Gingold Abstaining- Rodgers 5) Yes- McLennan No-Summers, Wineberg, Gingold Abstaining- Rodgers, Gallimore Mr. Gingold motioned that the Zoning Board of Appeals deny the proposed Family Necessity Variance. The motion was seconded by Ms. Wineberg and the motion was approved 4-1 for denial with Mr. Rodgers abstaining. 394 of 994 DRAFT NOT APPROVED Page 4 of 5 Zoning Board of Appeals New Business 2310 Main Street 13ZMJV-0045 Few Spirits LLC, lessee, applies for a special use permit for a Wholesale Goods Establishment at 2310 Main Street. 2310 Main Street is located in the C1 Commercial District, which requires a special use permit for Wholesale Goods Establishments to operate (Zoning Code Section 6- 10-2-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Todd Paul explained his proposal:  Current location is too small  More space is needed for storage and bottling purposes  A mid-sized truck will deliver barrels inside  Outgoing deliveries, ranging from 0-3 times per week, will occur sporadically throughout the week by mid-sized truck  There will be no full time staff  Buyers will usually come to the site (wholesale, not retail) Ms. Klotz read the zoning definition for Wholesale Goods Establishment. Mr. Gingold asked a question regarding parking, to which Mr. Paul responded there would be plenty for this specific use. Chairman Summers inquired about the hours of operation for the establishment. Ms. Klotz responded that hours of operation are not a concern considering the adjacent uses in the area. Chairman Summers also asked about garbage, and Mr. Paul said there would be no waste. The Zoning Board of Appeals then entered into deliberations. The Zoning Board found the Standards to be met. Mr. Gingold motioned that the Zoning Board of Appeals recommend approval of the proposed special use permit with the following condition: 1. The proposal must be within substantial compliance of the documents and testimony on record. Ms. McClennan seconded the motion. The motion was approved 6-0. 1940 Dempster Street ZBA 13ZMJV-0046 Kristen White, lessee, applies for a special use permit for a Resale Establishment, Kazoom, at 1940 Dempster Street. 1940 Dempster Street is located in a C1 Commercial District, which requires a special use permit for Resale Establishments to operate (Zoning Code Section 6-10- 2-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Chairman Summers inquired if there were other stores similar to the one proposed. Ms. White answered that there was a similar store on Dempster Street near the viaduct. Chairman Summers noted parking would not be an issue at the proposed location. Mr. Gingold commented on the numerous, empty storefronts located within that area. He asked Ms. White to explain the market study, to which she answered that she conducted local research involving approximately 140 families and stated that they wanted the drop-off aspect to be easy. 395 of 994 DRAFT NOT APPROVED Page 5 of 5 Zoning Board of Appeals Ms. White noted the establishment will be open 4 days a week, initially, and additional days during the week as time goes on. Visitors to the establishment will have the option to drop off items or wait for cash. Non-sellable items will be donated. Chairman Summers asked if Ms. White anticipated people just dropping items off outside. Ms. White responded that staff will be at the store, so if that were to occur, staff would retrieve it, but such an occurrence would be unlikely to occur too often. Signage displayed outside the establishment will hopefully deter such an event form happening. Ms. White went on to say that the establishment will go through a pop-up phase. The establishment will be open Monday, Wednesday, and Friday between the hours of 9:30 am to 2 pm and Saturday from 10 am to 4 pm. After this initial pop up phase, the establishment will be open 5 days a week from 9 am to 7 pm and one weekend day with undetermined hours. The Zoning Board of Appeals then entered into deliberations. Mr. Rodgers inquired as to the hours of operation of neighboring businesses in the area. Mr. Marino answered that neighboring businesses in that area hold typical operating hours and no nearby residences should be negatively impacted. The Zoning Board found the Standards to be met. Mr. Rodgers motioned that the Zoning Board of Appeals recommend approval of the proposed special use permit with the following conditions: 1. Operating hours: 6 am- 10 pm 2. The proposal must be within substantial compliance of the documents and testimony on record. The motion was seconded by Ms. McLennan and approved 6-0. The meeting adjourned at 9:50 pm. This meeting was recorded by audio and video and is available at the Community and Economic Development Department, 2100 Ridge Avenue, Evanston. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department 396 of 994     FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on June 4, 2013, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearing, based upon the standards for special uses specified in Section 6-10-2-3 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 6-0 (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 6-0 (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 6-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 6-0 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 6-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 6-0 Case Number: 13ZMJV-0045 Address or Location: 2310 Main Street Street Applicant: Todd Paul, Few Spirits, LLC Proposed Special Use: Wholesale Goods Establishment 397 of 994     (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 6-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 6-0 (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 6-0 and, based upon these findings, and upon a vote __6__ in favor & __0__ against Recommends to the City Council _____ approval without conditions __x__ approval with conditions specifically: 1. The project must be in substantial compliance with the documents and testimony on record. _____ denial of the proposed special use. __________________________________________ Date: _____________ Lori Summers Zoning Board of Appeals Chair Attending: Vote: Aye No _______ Mary Beth Berns _____ ____ ___X___ Clara Wineberg __X__ ____ ___X___ Scott Gingold __X__ ____ ___X___ Beth McLennan __ X__ ____ ___X___ Matt Rodgers __ X__ ____ ___X___ Lori Summers __X__ ____ ___X___ Andrew Gallimore __X__ ____ 398 of 994 To: Members of the Zoning Board of Appeals From: Dennis Marino, Manager, Zoning and Planning Division Susan Guderley, Neighborhood Planner Subject: 2310 Main Street 13ZMJV-0045 ZBA Recommending Body; City Council Determining Body Date: June 4, 2013 Notice – Published in the May 16, 2013 Evanston Review Few Spirits LLC, lessee, applies for a special use permit for a Wholesale Goods Establishment at 2310 Main Street. 2310 Main Street is located in the C1 Commercial District, which requires a special use permit for Wholesale Goods Establishments to operate (Zoning Code Section 6-10-2-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Recommendation Staff has determined that the proposal meets the Standards for a Special Use and recommends approval. The Site Plan and Appearance Review Committee also recommends approval of the proposed Special Use. Site/Proposal Background The property in question is the rear 4,004 square feet of one of seven commercial spaces located within a one-story, brick building. There are two means of ingress/egress to this space; a dedicated loading dock and an adjacent standard doorway, both of which are located in the rear of the building. These entrances are accessed via a driveway off of Main Street that runs along the east side of the building. The applicant proposes to use this location for two functions. Approximately half of this space will be used to store aged product (whiskey) that is distilled at the company’s other Evanston location, 918 Chicago Avenue. Initially, about half of the company’s inventory of aged product will be stored in this location. However, the applicant now plans to transition the storage of all of this product here. The second activity proposed will be product bottling and fulfillment. The applicant proposes to install a bottling line in order to be able to bottle all of the barreled inventory that is stored on-site. This space will not be set up for retail or for consumer consumption. This facility will be manned on a part-time basis, on Tuesday, Wednesday and Friday afternoons. Two to three employees will split their time working here bottling and Memorandum 399 of 994 overseeing shipments with their duties at the company’s other location. As planned, barrels of product and bottling supplies will be delivered from the Chicago Avenue facility weekly, on Mondays and Tuesdays respectively. After bottling, the product will be shipped out from the Main Street location once or twice per week. The applicant states that this facility will have little impact on traffic. Both product deliveries and shipments utilize mid-sized, commercial trucks which can be fully accommodated by the site’s driveway, rear turnaround and loading lock. Off-street parking spaces, more than sufficient to accommodate the expected number of employees, are available in either a front parking lot (26 spaces, including two ADA spaces) or in the rear of the building. The subject location is situated on a split-zoned parcel. That portion of its area west of the center line of Pitner Avenue (if extended south), including the subject location, is zoned C1 Commercial District. The remaining portion, east of that line, is zoned I2, Industrial District. Surrounding properties consist of a mix of manufacturing uses also zoned I2 to the east and northeast, small to mid-size commercial office and service uses, zoned C1, to the north, and large commercial retail uses, also zoned C1, to the west and south. The subject property is within an area designated by the Comprehensive General Plan as Retail and Mixed Use, which is intended for commercial retail goods and services establishments. This location also identified by Map 3 of the Plan as one of the City’s primary areas of commercial activity and employment. Staff has not received any public comments from neighbors related to this request. Ordinances Identified for Requested Approval 6-8-2-4: SPECIAL USES: The following uses may be allowed in the C1 Commercial District, subject to the provisions Set forth in section 6-3-5, “Special Uses,” of this title: Wholesale goods establishment [among others listed] Special Use Standards: For the ZBA to recommend that City Council grant a special use, the ZBA must find that the proposed special use: a) is one of the listed special uses for the zoning district in which the property lies; b) complies with the purposes and policies of the Comprehensive General Plan and the Zoning Ordinance; c) does not cause a negative cumulative effect in combination with existing special uses or as a category of land use; d does not interfere with or diminish the value of property in the neighborhood; e) is adequately served by public facilities and services; f) does not cause undue traffic congestion; g) preserves significant historical and architectural resources; 400 of 994 h) preserves significant natural and environmental resources; and i) complies with all other applicable regulations. Attachments Special Use Application – Submitted May 9, 2013 Standards Form Zoning Analysis Plat of Survey – December 29, 2002 Site Plan Aerial View of Property Zoning Map Image of the property SPAARC Draft Meeting Minutes – May 29, 2013 401 of 994 2310 Main Street Recommendation to ZBA 402 of 994 403 of 994 404 of 994 405 of 994 406 of 994 407 of 994 408 of 994 409 of 994 410 of 994 411 of 994 412 of 994 413 of 994 414 of 994 415 of 994 416 of 994 417 of 994 Aerial - 2310 Main StreetDISCLAIMER: This map and data are provided as-in without warranties of any kind.See www.cityofevanston.org/mapdisclaimers.html for more informationScale 1:1,868Made with Evanston's GISPrinted: May 24, 2013 2:41:25 PM418 of 994 Current Zoning - 2310 Main StreetDISCLAIMER: This map and data are provided as-in without warranties of any kind.See www.cityofevanston.org/mapdisclaimers.html for more informationScale 1:1,868Made with Evanston's GISPrinted: May 24, 2013 2:39:33 PM419 of 994 420 of 994 SPAARC Meeting Notes – May 15, 2013 Page 1 of 2 SITE PLAN AND APPEARANCE REVIEW COMMITTEE (SPAARC) MINUTES May 15, 2013 Members Present: J. Cory, I. Eckersberg, M. Klotz, J. Murphy, J. Nelson, C. Ruiz Staff Present: E. Golden, B. Newman, Presiding Member: C. Ruiz A quorum being present, Acting Chair Ruiz called the meeting to order at 2:35p.m. New Business: 1) 1907 Central Street Recommendation to ZBA Application for a special use for a Type 2 Restaurant – Leonidas Chocolate Café. APPLICATION PRESENTED BY: Marie Backman Owner GENERAL DISCUSSION: Ms. Backman explained that the business is moving to Evanston from Wilmette, where space and utilities are inadequate. The following issues were discussed:  Business sells 90 types of imported chocolate from Belgium, coffee, espresso, tea, waffles and crepes, and currently champagne and wine  No table service to be provided  Have 2 more locations in Northbrook and in Chicago at Chicago and Rush Streets  Expects this to be the main location of storage for the other stores  Application presents no zoning issues  Parking: o Typically the City requires 2 leased off site parking spaces for employees; there is a leased space with the property o Applicant expects most employees will not be driving to work o There is 1 on site parking spot and will be 2 next year o Currently only 1 employee drives to work o There is a City lot 2.5 blocks west of the store  Highly visible window on Greenbay will be dressed by a professional window dresser  Would like to put an awning and a big sign in the window (will submit to Sign Board)  Front on Central will be elegant and European style, painted black  Deliveries to be made off Greenbay about every 3 weeks and every week around Xmas  Alley behind store is very narrow; takes approximately 10 minutes to unload chocolate  Hours of operation are seasonal: currently Sun through Wed, 6:00a.m. – 7:00p.m.; Thurs through Sat until 9:00p.m.  Applicant noted that there is no handicap parking spot in the vicinity of the store and many of her customers are older (40-80yrs)  Mr. Murphy advised the applicant of the 250’ radius clean-up requirement  Applicant has a 20 year lease Mr. Murphy moved to recommend approval seconded by Mr. Cory. The Committee voted unanimously 6-0 to recommend approval of the special use. DRAFT – NOT APPROVED 421 of 994 SPAARC Meeting Notes – May 15, 2013 Page 2 of 2 2) 1940 Dempster Street Recommendation to ZBA Application for special use for a Resale Establishment, Kazoom, to sell used children’s clothing and accessory items. APPLICATION PRESENTED BY: Kristen White Business owner GENERAL DISCUSSION: Ms. White explained that Kazoom expects to fill a need in the community. The following issues were discussed:  Propose to start as a pop-up store to test for possible investors; if successful will build out for permanent full time business  “Pop-up” means the store will be open Monday, Wednesday and Friday mornings from 9:30a.m. – 1:30p.m. because owner does not have the money to hire staff full time yet; Saturday morning hours will be for buying  Plan to have 2 employees to start  A marketing survey showed that 70% of Evanston residents shop resale and are dissatisfied with local options  Plan to open August 1st with a back to school sale  Landlord has made a generous 12-month agreement in encouragement that she transitions to a permanent business  Store will buy out right from sellers offering $XX amount for % of what they brought in  Plans to use the store for fund raising; any group can do a drive where she will pick up donated items, sort through them, sell some for the fund raiser and donate the rest to the charity of their choice  To address the problem of people dropping off bundles at the door, she will have a sign asking people not to do so  Proposed store is in the Dempster Dodge shopping centerCommunity has expressed interest in having a small business in the shopping center  A special use is required for a resale shop in a C1 zoning district Mr. Murphy moved to recommend approval seconded by Mr. Cory. The Committee voted unanimously 6-0 to recommend approval of the special use to the ZBA. Other Business: APPROVAL OF MEETING NOTES FROM: May 1, 2013 and May 8, 2013. Mr. Ruiz amended the minutes to note that the Preservation Commission had reviewed the items. Mr. Murphy moved to approve the minutes of the 5/1/13 and 5/8/13 SPAARC meetings as amended, seconded by Mr. Cory. The Committee voted unanimously 6-0 to approve the minutes of the 5/1/13 and 5/8/13 SPAARC meetings, as amended. The meeting adjourned at 3:09 p.m. Respectfully submitted, Bobbie Newman 422 of 994 For City Council meeting of July 8, 2013 Item P6 Ordinance 70-O-13 Application for Special Use for a Type 2 Restaurant at 1907 Central Street For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Dennis Marino, Manager, Planning and Zoning Division Susan Guderley, Neighborhood Planner, Planning and Zoning Division Subject: Ordinance 70-O-13 Granting a Special Use for a Type 2 Restaurant at 1907 Central Street Date: June 24, 2013 Recommended Action The Zoning Board of Appeals recommends the adoption of Ordinance 70-O-13 granting a special use permit the establishment of a Type 2 Restaurant, Leonidas Chocolate Café. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this district. The Site Plan and Appearance Review Committee and staff also recommend approval of this request. This ordinance was introduced at the June 24, 2013 City Council meeting. Summary The applicant proposes to operate an imported chocolate store and Type 2 Restaurant, called Leonidas Chocolate Cafe. The applicant also owns Leonidas stores in Northbrook, Wilmette and Chicago. If this request for a Special Use Permit is approved, all of the Wilmette store’s operations will be relocated to Evanston. The subject location is one of several retail storefronts located in the ground floor of a 2- story, mixed used building fronting onto Central Street, topped by six multi-family residential units. This structure is one of a triangularly shaped cluster of 1 to 3-story commercial and mixed-use buildings with frontages along Prairie Avenue, Central Street and Green Bay Road. All of these buildings back up to and share a motor court with driveway access to Green Bay Road, in which 8 reserved parking spaces and the buildings’ garbage dumpsters are located. The applicant states that the business will retail Belgian chocolates and ship internet orders nationwide. Air shipments of new inventory will be received weekly. In addition, the business will offer French coffee, pastries, ice cream, crepes, and waffles for on-site Memorandum 423 of 994 2 consumption or to-go. The proposed hours of operation are: 6:30 a.m.- 7:30 p.m. on weekdays; 8:00 a.m.- 6:00 p.m. on Saturday; and 8:00 a.m. - 7:00 p.m. on Sunday. The store-café space will be approximately 900 sq. ft in size, including a sales counter for chocolates, coffee and food products, merchandizing and shelving, and the café seating area. Behind the café and sales area, there is another 750 sq. ft. space to be used for storage and shipping. Customer access will be from the Central Street entrance. The rear area of the store has access to the dumpsters in the motor court and to a side entrance on Green Bay Road, which will be used for deliveries. There will be a total of five deliveries per week that will each last approximately 10 minutes. Although the Green Bay entrance will only be utilized for deliveries, the applicant plans to add window dressings, a new awning, and signage to advertise the café to motorists and pedestrians along Green Bay Road. The applicant anticipates that the store will be regularly staffed by two full-time employees, but may require a total of four employees during peak hours and holidays. It is the applicant’s plan to bring those employees now working at the Wilmette store with them in their move to the Evanston location. Many of the employees plan to utilize public transportation or bicycle to the location on Central Street. There is no off-street, customer parking associated with this commercial space. There is on-street, 2-hour metered parking on both sides of Central Street, from Hartrey to Eastwood, and for one block north and south on Prairie Avenue. There is also 2-hour, off- street, metered parking in a city lot located two blocks west of the subject property on Central Street. 15-Hour, metered commuter parking is also available along the east side of the Metra embankment, north and south of Central Street. Public transportation options available include Metra commuter rail and CTA (Routes 201 and 206) and Pace bus service (Route 213), all within a one-block walk. The CTA Purple Line Central Street Station is located approximately six blocks to the east. There is one reserved parking space on the site that will be utilized as employee parking. The subject property is zoned B1a as are other, adjacent commercial properties on both sides of Central Street to the east and west. This zoning district also turns the corners north and south at Prairie Avenue and continues south along Green Bay Road. The commercial spaces in the ground floors of these properties have a strong pedestrian orientation and contain a wide mix of retail shops, professional services and Type 1 and Type 2 restaurants. To the north, along Green Bay, the zoning changes to C2 Commercial. There, buildings and their orientation reflect a more auto-oriented commercial district and tenants. Immediately north and south of this section of the Central Street commercial area are residential neighborhoods zoned R4 and R5 General Residential, respectively. These areas include a diverse mix of single family detached and attached, two family and flat buildings to the north and 3- and 4-story multi-family structures to the south. Neighborhood Benefit 424 of 994 The proposed use is compatible with the existing mix of retail shops and services and pedestrian nature of this business district and will not result in any negative cumulative effect upon surrounding properties. City staff received comments objecting to the special use from one nearby property owner; however, the concerns mentioned are not related to land use. Comprehensive Plan The proposed use is consistent with the Comprehensive General Plan’s Goal objective to recognize and support the strong role that neighborhood business districts play in the City’s economy and identity. The plan identifies Central Street as one notable example, citing its unique identity and interesting mix of stores and restaurants serving both local and destination shopping trips. The Central Street Master Plan (2007) locates the subject property within Central Street’s main commercial core, between Hartrey Avenue and Green Bay Road. The Plan recommends that the existing scale (one to three-stories) of this area be maintained to preserve its character as a specialty shopping area. The Comprehensive Plan specifically includes: Objective: Recognize and support the strong role neighborhood business districts play in Evanston’s economy and its identity. Policy/Action: Promote pedestrian oriented retail activity in Evanston’s neighborhood business areas. Legislative History May 21, 2013: By a vote of 5-0, the Zoning Board of Appeals voted to recommend approval of this request with the following conditions: 1) Employees may not park on the street 2) Hours: 6:00 AM – 10:00 PM Weekdays; 6:00 AM-11:00 PM Friday & Saturday 3) Litter and Garbage Pick Up Plans Attachments Proposed Ordinance 70-O-13 May 21, 2013 ZBA Meeting Minutes ZBA Findings Staff memo to the ZBA ZBA Application Packet 425 of 994 6/10/2013 70-O-13 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 1907 Central Street in the B1a Business & oCSC Central Street Corridor Overlay Zoning Districts (“Leonidas Chocolate Café”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on May 21, 2013, pursuant to proper notice, to consider case no. 13ZMJV-0039, an application filed by Douailly-Backman Holdings Corp., lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1907 Central Street (the “Subject Property”) and located in the B1a Business and oCSC Central Street Corridor Overlay Zoning Districts, for a Special Use Permit to establish, pursuant to Subsection 6-9-5-3 of Title 6 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “Leonidas Chocolate Café,” on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Type 2 Restaurant met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of June 24, 2013, 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. 13ZMJV-0039; and 426 of 994 70-O-13 ~2~ WHEREAS, at its meetings of June 24 and July 8, 2013, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Type 2 Restaurant on the Subject Property as applied for in case no. 13ZMJV- 0039. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Litter Collection Plan: The Applicant shall implement and adhere to a Litter Collection Plan that requires the policing of an area located within a radius of two hundred fifty feet (250’) of the Subject Property. The Applicant shall police this area at least once every three (3) hours during the hours the Special Use is in operation and shall keep it free of all litter, from any source. For the purpose of this ordinance, “litter” shall include, but is not limited to: food, food waste, and beverages; solid waste, including paper, wrappings, containers, cardboard, napkins, straws, utensils, plates, cans, glass, crockery, cigarette butts, ashes and similar materials; animal waste and dead animals; yard clippings and leaves; and all other waste materials which, if thrown or deposited as herein prohibited, may create a danger to public health, safety, or welfare. 427 of 994 70-O-13 ~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 before 6:00 a.m. or after 11:00 p.m. on any Friday or Saturday, and before 6:00 a.m. or after 10:00 on any other day. E. Employee Parking: When driving to work at the Type 2 Restaurant authorized hereby this ordinance, the Applicant and its employees shall not park in any on- street parking spaces. F. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: 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: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 428 of 994 70-O-13 ~4~ SECTION 8: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 429 of 994 70-O-13 ~5~ EXHIBIT A Legal Description LOT 3 AND ALL THAT PART OF LOT 4 IN THE RESUBDIVISION OF LOTS 10, 11, 12, 13, AND 14 IN BLOCK 20 IN NORTH EVANSTON, IN TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, LYING SOUTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 4 ABND RUNNING THENCE NORTHEASTERLY 45 FEET TO A POINT 0.44 FEET SOUTHEASTERLY FROM THE NORTHWESTERLY LINE OF SAID LOT 4 (MEASURED AT RIGHT ANGLES THERETO), THENCE NORTHEASTERLY IN A STRAIGHT LINE 123 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 4, 0.10 FEET SOUTHEASTERLY FROM THE NORTHEASTERLY CORNER OF SAID LOT 4, IN TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PINs: 05-34-423-024-0000 05-34-423-031-0000 COMMONLY KNOWN AS: 1907 Central Street, Evanston, Illinois. 430 of 994 APPROVED Page 1 of 5 Zoning Board of Appeals MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, May 21, 2013 7:30 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Lori Summers, Beth McLennan, Clara Wineberg, Scott Gingold, Matt Rodgers Members Absent: Andrew Gallimore, Mary Beth Berns Staff Present: Melissa Klotz, Ken Cox, Dennis Marino, Sue Guderley Presiding Member: Lori Summers Declaration of Quorum With a quorum present, Chairman Summers called the meeting to order at 7:35pm. Approval of Minutes The minutes from the May 7, 2013 Zoning Board of Appeals meeting were motioned for approval by Mr. Rodgers and seconded by Ms. McLennan. The motion was approved 3-0 with 2 abstentions. New Business 2018 Lake Street ZBA 13ZMJV-0040 Michael low, property owner, applies for major zoning relief to expand a nonconforming use in a non-complying structure for a rear yard 2-story addition to a 2-flat. The applicant asks to expand a nonconforming use (a 3-flat to be converted to a 2-flat in the R-2 Single Family Residential District) in a non-complying structure (existing legally nonconforming setbacks, lot size and parking) (Zoning Code Sections 6-6-4-4 and 6-6-4-5), and a side yard setback of 2.6’ where 5’ is required (Zoning Code Section 6-8-3-7-A-3). The Zoning Board of Appeals is the determining body for this case Ms. Klotz read into the record. Mr. Low explained the proposal: • Plan to expand the back addition by 5’ • Make back bedroom that is currently 6’ in width larger • Room is for wheelchair bound tenant • Played audio of statement made by Leila Terrell, tenant. Chairmen Summers stated the external stairs make it more obviously a 2-flat. She then asked whether the stairs could be incorporated into the interior. Mr. Low responded the stairs cannot be incorporated into the interior because the stair and upstairs level must be separate from the basement/1st floor duplex unit. Charlie Booker, representative on behalf of neighbors, noted the plan is different from what was shown to them originally. The neighbors do not approve of this plan because it is taking up green space, along with other neighborly concerns including drainage problems and site views. Lu Booker stated the small bedrooms are supposed to be enclosed porches. 431 of 994 APPROVED Page 2 of 5 Zoning Board of Appeals John Benson, other property owner of 2018 Lake, explained his views on the proposal: • Side yard setback variance will match the existing setback • People just west of the site are the most affected and show support of the proposal. Chairmen Summers stated the stair should be enclosed within the proposed addition. Ms. McLennan noted the site is close to other zoning districts, including multifamily. Chairmen Summers stated there is a way to make the 2nd floor stair a proper, separate egress within the addition. The Zoning Board of Appeals then entered into deliberations. The Standards were then discussed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Mr. Rodgers motioned that the Zoning Board recommend approval of the proposed major zoning relief with the following conditions: 1. Egress stair for 2nd floor unit must be enclosed. 2. No kitchen is permitted in the basement. 3. The project may not exceed the building lot coverage shown in the plans. 4. The addition footprint may not be enlarged. Ms. McLennan seconded the motion and the motion was approved 5-0. 1907 Central Street ZBA 13ZMJV-0039 Douially-Backman Holdings Corp., lessee, applies for a special use permit for a Type 2 Restaurant, Leonida's Chocolate Café, at 1907 Central Street. 1907 Central Street is located in the B1 a Business District and the oCSC Central Street Corridor Overlay District, which requires a special use permit for Type-2 Restaurants to operate (Zoning Code section 6-9-5-3). The Zoning Board of Appeals makes a recommendation to the City council, the determining body for this case. Lessee, Mary Backman explained the proposal: • There are three current locations • Café with 50% retail of chocolates, etc. • Outgrew Wilmette space • Parking provided in the rear of building for customers • Trash located on the rear side • Deliveries will be made on the side of the building • Litter Collection Plan ok • Hours: 6 AM-10 PM maximum Marge Anderson, citizen, asked what kind of employee parking would be provided. Ms. Backman responded that 2 spaces will be available on-site for employees and the rest could utilize public transit, ride a bike, or walk. Ms. Anderson also inquired where deliveries would 432 of 994 APPROVED Page 3 of 5 Zoning Board of Appeals take place and how often. Ms. Backman replied that food and other deliveries would be made on Green Bay Road about 3-5 times a week. Chairman Summers and Mr. Rodgers both commented on not wanting delivery trucks to be double-parked on Green Bay Road during rush hours. The Zoning Board of Appeals then entered into deliberations: The Zoning Board of Appeals found all of the standards to be met. Mr. Rodgers motioned that the Zoning Board recommend approval of the special use permit with the following conditions: 1. Employees may not park on the street 2. Hours: 6 AM – 10 PM on weekdays, 6 AM – 11 PM on Friday & Saturday 3. Litter and Garbage Pick Up Plans Mr. Gingold seconded the motion and the motion was approved 5-0. 1929 Noyes Street ZBA 13ZMJV-0037 Randolph Liebelt, architect, applies for major zoning relief to retain an illegally constructed second story addition. The applicant request a front yard setback of 19.1’ where 27’ is require (Zoning Code Section 6-8-2-8-A-1) and a street side yard setback of 4.5’ where 15’ is required (Zoning Code Section 6-8-2-8-A-2). The Zoning Board of Appeals is the determining body for this case. Ms. Klotz read into the record. She noted only 1 variance being requested, not 2 as published. Randolph Liebelt, architect, explained the proposal: • Property foreclosed in June 2012 • Property was on the market and it was then discovered that the 2nd story addition was constructed illegally • Shape and structure will remain, but the interior of the addition will be brought up to code • The addition was completed approximately 8 years ago • Despite the illegal addition, the property is in good condition. Thomas Hovaland, resident at 2001 Noyes Street, stated that the house was in terrible condition prior to the addition approximately 7 years ago. The property was not in move-in condition. Bob Taylor, a neighbor directly to the east of the site, voiced his support of the variance and recognized the necessity of making the property code compliant. The Zoning Board of Appeals then entered into deliberations. Mr. Gingold noted that if the addition had not already been completed, this proposal looks like the type of request the Zoning Board of Appeals typically supports. Chairman Summers also noted that the current owner of this property did not create this situation. The Standards were then discussed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 433 of 994 APPROVED Page 4 of 5 Zoning Board of Appeals 6. Yes 7. Yes Mr. Gingold motioned that the Zoning Board of Appeals recommend approval of the proposed major zoning relief with the following condition: 1. The property is brought up to code. Ms. McLennan seconded the motion and the motion was approved 5-0. 2112 Ewing Avenue ZBA 13ZMJV-0038 Edmund Moran Jr., attorney, applies for a family necessity variation to retain an illegally rented coach house. The applicant requests to eliminate conditions imposed on granted variance case ZAR 01-33-M to allow the coach house to be legally occupied and rented by persons who are not members of the family occupying the principle dwelling unit (Zoning Code Section 6-3-8-14). The Zoning Board of Appeals is the determining body in this case. Ms. Klotz read into the record. Edmund Moran, attorney for the applicant, explained the proposal: • 2001 height variance • Originally used for storage • The family situation has now changed • Wanted to retain home to provide stability for 2 children after turbulent divorce • Sister purchased property while in foreclosure • Without coach house rental income, there is a $750 gap • The coach house has been rented out for some time • They request a variance be granted through the duration of the children’s Evanston educations, so they can maintain stability with the same home and schools Chairman Summers asked if any other regulations of the Zoning Ordinance pertained to the family necessity variance. Ms. Klotz responded that the regulations must be for 1 of 3 reasons listed in the Zoning Code Section 6-3-8-3-C. Mr. Moran noted that they were citing the 3rd reason due to the created inconvenience of a growing family. Courtney Wood, sister, stated that she purchased the property as an LLC, so that her sister’s ex-husband would not know who had purchased the property out of fear of retaliation. Mr. Rodgers asked if the LLC was aware of any conditions pertaining to the rental of the coach house when the LLC purchased the property. Ms. Wood answered that no conditions were found during the title search. The coach house was registered as a rental with the City of Evanston. The coach house was constructed with a kitchen, etc. in 2001 and has been rented out for approximately 2 years. Abbey Prujen, citizen, stated that the Family Necessity Variance and the Zoning Ordinance are not intended for this case. Ms. Prujen asked about existing documentation of financial hardship. She also recounted speaking with the property owner in August 2012 before improvements to the coach house were made and the owner told her the coach house was not permitted to be rented out. Jane Leisman, resident at 2116 Ewing, noted that she was happy with the improvements being made to the coach house and that it was not detrimental to the neighborhood. Bradley Knight, opposed, questioned why the illegal rental had been allowed for 2 years without any fines, reprimands, etc. Mr. Knight stated that 3 large windows in the rear of the coach 434 of 994 APPROVED Page 5 of 5 Zoning Board of Appeals house face directly into his children’s bedrooms and that the property has recently had police issues. Johnathan Levy stated that the Zoning Board of appeals cannot grant a variance for use and therefore, the variance must go to City Council. The variance does not meet any one of the three listed reasons for the Family Necessity Variance. The application should not be to eliminate the conditions of a previously approved variance. Ken Cox stated that the Law and Community Development Staff interpret this case to be eligible for the Family Necessity Variance and the case is subject to the Zoning Board of Appeals’ determination. Gary Brown, opposed, stated that there was a lack of knowledge surrounding the original variance, which carried the stipulation that the coach house was to be used as storage and not meant to be used as a rental unit. Mr. Brown wonders if the proposal is for the necessity of the family or for the LLC. He believes the renting of the coach house decreases the value of properties in the neighborhood. Ms. McLennan asked all of the opposed how they felt about the recommendation to allow the coach house rental until the children finish their educations. Mr. Brown responded that he did not support that condition. Mr. Knight said that since previous conditions were not enforced, he would not expect the city to enforce new conditions and therefore, he opposes the variance all together. Alderman Tendam noted that this was a unique situation and the coach house rental would be a temporary situation, if allowed, and fall within an acceptable time frame. Overall, he supported the variance. Chairman Summers suggested this case be continued to the June 4, 2013 Zoning Board of Appeals meeting for questions to be answered. Mr. Rodgers motioned for the case to be continued at the June 4, 2013 Zoning Board of Appeals meeting. Ms. McLennan seconded the motion and the motion was approved 5-0. The meeting adjourned at 10:40pm. This meeting was recorded by audio and video and is available at the Community and Economic Development Department, 2100 Ridge Avenue, Evanston. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department 435 of 994     FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on May 21, 2013, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearing, based upon the standards for special uses specified in Section 6-9-5-3 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 5-0 (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 5-0 (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 5-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 5-0 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 5-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 5-0 Case Number: 13ZMJV-0039 Address or Location: 1907 Central Street Applicant: Douailly-Backman Holdings Corp. Proposed Special Use: Type 2 Restaurant – Leonidas Chocolate Café 436 of 994     (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 5-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 5-0 (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 5-0 and, based upon these findings, and upon a vote __5__ in favor & __0__ against Recommends to the City Council _____ approval without conditions __x__ approval with conditions specifically: 1. Employees may not park on the street 2. Hours: 6 AM-10 PM on weekdays, 6 AM-11 PM on Friday & Saturday 3. Litter and Garbage Pick Up Plans _____ denial of the proposed special use. __________________________________________ Date: _____________ Lori Summers Zoning Board of Appeals Chair Attending: Vote: Aye No _______ Mary Beth Berns _____ ____ ___X ___ Clara Wineberg __X__ ____ ___X ___ Scott Gingold __X__ ____ ___X ___ Beth McLennan __X__ ____ ___X ___ Matt Rodgers __X__ ____ ___X___ Lori Summers __X__ ____ _______ Andrew Gallimore ____ ____ 437 of 994 438 of 994 439 of 994 440 of 994 441 of 994 442 of 994 443 of 994 444 of 994 445 of 994 446 of 994 447 of 994 448 of 994 449 of 994 450 of 994 451 of 994 452 of 994 453 of 994 454 of 994 455 of 994 456 of 994 457 of 994 458 of 994 459 of 994 460 of 994 461 of 994 462 of 994 463 of 994 464 of 994 465 of 994 466 of 994 467 of 994 468 of 994 1907 Central - Aerial Photo DISCLAIMER: This map and data are provided as-in without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information Scale 1:1,722 Made with Evanston's GIS Printed: May 7, 2013 11:19:13 AM469 of 994 1907 Central - Current ZoningDISCLAIMER: This map and data are provided as-in without warranties of any kind.See www.cityofevanston.org/mapdisclaimers.html for more informationScale 1:1,722Made with Evanston's GISPrinted: May 7, 2013 11:21:08 AM470 of 994 471 of 994 472 of 994 For City Council meeting of July 8, 2013 Item P7 Ordinance 72-O-13 Amending the Special Use Permit for a Type 2 Restaurant at 519 Main Street (Starbucks) For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Dennis Marino, Manager, Planning and Zoning Division Subject: Ordinance 72-O-13 Amending the Special Use Permit for a Type 2 Restaurant at 519 Main Street (Starbucks) Date: June 13, 2013 Recommended Action Staff recommends the adoption of Ordinance 72-O-13 that deletes the condition of an adopted special use from 1992 (Section 3-C of Ordinance 121-O-01) requiring that the Starbucks at 519 Main Street hire off duty police officers to issue parking citations t o customers who illegally park in the vicinity of Starbucks. The staff recommendation to release this condition is based on the experience during the past ten months when Starbucks was permitted by their request to not hire off duty officers on an experimental basis. There have not been reports of any problems during this period. Starbucks now requests that this condition of this special use be deleted given that it is not needed. It should be added that no other Type II restaurant currently has such a condition imposed. This ordinance was introduced at the June 24, 2013 City Council meeting. Summary Ordinance 121-O-01 was adopted on January 17, 2002 granting a special use for Starbucks to operate at 519 Main Street in the mixed use development constructed in 2002 on the northeast corner of Main and Chicago. Concerns were expressed during the consideration of the special use about the potential for double parking, alley parking and illegal parking. These concerns are no longer valid based on experience. Secondly, Starbucks has underscored the high cost of this condition that forces an otherwise well performing store to underperform required performance standards. Renewal of this condition will enable Starbucks to make a longer term commitment to stay at this location. Legislative History January 17, 2002 – Ordinance 121-O-01 was adopted to grant Starbucks a special use at 519 Main Street Attachments Proposed Ordinance 72-O-13 Memorandum 473 of 994 6/11/2013 72-O-13 AN ORDINANCE Amending the Special Use Permit for a Type 2 Restaurant Located at 519 Main Street (“Starbucks”) WHEREAS, the City of Evanston, Cook County, Illinois, (the “City”) is a home rule unit of government under the Illinois Constitution of 1970; and WHEREAS, Article VII, Section 6a of the Illinois Constitution of 1970 confers certain powers upon home rule units, among which are the powers to regulate for the protection of the public health, safety, and welfare; and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and WHEREAS, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code, 2013, as amended, (“the Zoning Ordinance”); and WHEREAS, on January 14, 2002, the City enacted Ordinance 121-O-01, attached hereto as Exhibit 1 and incorporated herein by reference; and WHEREAS, pursuant to the provisions of the Zoning Ordinance, Ordinance 121-O-01 granted a Special Use Permit for a Type 2 Restaurant on the property located at 519 Main Street, Evanston, Illinois (the “Subject Property”), which is legally described in Exhibit 1; and WHEREAS, the Starbucks Corporation (“the Applicant”), operator of the Type 2 Restaurant on the Subject Property, requests relief from the condition imposed on the Special Use Permit pursuant to Section 3-c of Ordinance 121-O-01; and 474 of 994 72-O-13 ~2~ WHEREAS, on June 24, 2013, the Planning and Development Committee (“P&D Committee”) of the City Council held a meeting, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.), during which it considered the Applicant’s request and recommended approval thereof by the City Council; and WHEREAS, at its meetings of June 24 and July 8, 2013, the City Council considered the P&D Committee’s recommendation, heard public comment, made findings, and amended and adopted said recommendation, as amended; and WHEREAS, it is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747), 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 deletes the condition set forth in Section 3-c of Ordinance 121-O-01 in its entirety, and said condition shall no longer have any force or effect on the operation of the Type 2 Restaurant on the Subject Property. SECTION 3: The Applicant shall, at its cost, record a certified copy of this ordinance, including all Exhibits attached hereto, with the Cook County Recorder of Deeds, and provide a copy thereof to the City. 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.” 475 of 994 72-O-13 ~3~ SECTION 5: Except as otherwise provided for in this Ordinance 72-O-13, all applicable regulations of Ordinance 121-O-01, the Zoning Ordinance, and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. To the extent that the terms and/or provisions of any of said documents conflict with any of the terms herein, this Ordinance 72-O-13 shall govern and control. SECTION 6: The findings and recitals herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8: This Ordinance 72-O-13 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law, and after Applicant records a certified copy of it with the Cook County Recorder of Deeds. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 476 of 994 72-O-13 ~4~ EXHIBIT 1 Ordinance 121-O-01 477 of 994 478 of 994 479 of 994 480 of 994 481 of 994 482 of 994 483 of 994 484 of 994 For City Council meeting of July 8, 2013 Item P8 Ordinance 73-O-13 Application for Special Use for a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Melissa Klotz, Zoning Planner, Planning and Zoning Division Subject: Ordinance 73-O-13 Granting a Special Use for a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street Date: June 27, 2013 Recommended Action The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 73-O- 13 granting a special use permit for the operation of a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street. The applicant has complied with all zoning requirements and meets all of the Standards of a special use for this District. The Zoning Board of Appeals found this as well in its findings for a positive recommendation. This ordinance was introduced at the June 24, 2013 City Council meeting. The use should not incur any detrimental effects that would negatively effect the surrounding area because of strict Illinois EPA regulations the business must abide by, and the isolated location of the site, which is entirely surrounded by industrial zoning and is over 1000’ from the nearest residential district. Update At the request of Alderman Burrus, proposed Ordinance 73-O-13 granting a special use permit for the operation of a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street has been amended to include the following condition: C. Transfer Deadline: The Applicant shall not permit any yard waste to remain on the Subject Property for longer than twenty-four (24) hours before transfer. Attachments Proposed Ordinance 73-O-13 Complete agenda documents submitted for June 24, 2013 meeting Memorandum 485 of 994 7/8/2013 6/18/2013 73-O-13 AN ORDINANCE Granting a Special Use Permit for a Yard Waste Transfer Facility Located at 2532-33 Oakton Street in the I3 General Industrial Zoning District WHEREAS, the Zoning Board of Appeals (“ZBA”) met on June 18, 2013, pursuant to proper notice, to consider case no. 13ZMJV-0051, an application by J&S LLC (the “Applicant”), lessee of the property commonly known as 2532-33 Oakton Street (the “Subject Property”), legally described in Exhibit A, attached hereto and incorporated herein by reference, and located in the I3 General Industrial Zoning District, for a Special Use Permit to establish, pursuant to Subsection 6-14-4-3 of Title 6 of the Evanston City Code, 2012, as amended (the “Zoning Ordinance”), a Yard Waste Transfer Facility on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and findings that the application for a Yard Waste Transfer 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 June 24, 2013, the City Council’s Planning and Development Committee (“P&D Committee”) considered and adopted the ZBA’s record and findings, and recommended City Council approval thereof; and WHEREAS, at its meetings of June 24 and July 8, 2013, the City Council considered, amended, and adopted the records, findings, and recommendations of the ZBA and P&D Committee, as amended, 486 of 994 73-O-13 ~2~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Yard Waste Transfer Facility applied for in case no. 13ZMJV-0051. 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. Hours of Operation: The Applicant shall not operate the Special Use authorized by the terms of this ordinance before 7:00 a.m. or after 5:00 p.m. on any Saturday or Sunday, or before 6:30 a.m. or after 6:30 p.m. on any weekday. C. Transfer Deadline: The Applicant shall not permit any yard waste to remain on the Subject Property for longer than twenty-four (24) hours before transfer. D. Loading: The Applicant shall not permit loading, off-loading, parking, staging, and/or stacking of material on the access drive to the Subject Property. E. Environmental Permits: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant must obtain all necessary permits from the Illinois and/or U.S. Environmental Protection Agencies. F. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. 487 of 994 73-O-13 ~3~ SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 488 of 994 73-O-13 ~4~ EXHIBIT A Legal Description PARCEL 1 THAT PART OF THE SOUTHWEST ¼ OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING W EST OF THE W EST LINE OF LOT 1 OF ZERA SUBDIVISION NO. 1 OF PART OF THE SOUTHWEST ¼ OF SECTION 24 AND THE SOUTHEAST ¼ OF SECTION 23, ALL IN TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE W EST LINE OF THE SOUTHWEST ¼ OF SAID SECTION 24, WITH THE W ESTERLY RIGHT-OF-WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD (NOW ABANDONED), SAID POINT BEING NORTH 2 DEGREES, 28 MINUTES, 13 SECONDS EAST, 3444.37 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SECTION 24; THENCE NORTH 2 DEGREES, 28 MINUTES, 13 SECONDS EAST, 109.43 FEET ALONG THE W EST LINE OF THE SOUTHWEST ¼ OF SAID SECTION 24, FOR THE POINT OF BEGINNING; THENCE NORTH 11 DEGREES, 48 MINUTES, 22 SECONDS EAST, 189.03 FEET; THENCE NORTH 2 DEGREES, 34 MINUTES, 05 SECONDS EAST, 136.59 FEET; THENCE NORTH 13 DEGREES, 11 MINUTES, 36 SECONDS, 32 SECONDS WEST, 11.56 FEET TO A POINT ON THE W EST LINE OF THE SOUTHWEST ¼ OF SAID SECTION 24, SAID POINT BEING NORTH 2 DEGREES, 28 MINUTES, 13 SECONDS EAST, 430.41 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH 2 DEGREES, 28 MINUTES, 13 SECONDS W EST, 430.31 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PARCEL 2 THAT PART OF LOT 5 IN ZERA SUBDIVISION THREE OF PARTS OF THE SOUTHWEST ¼ OF SECTION 24 AND THE SOUTHEAST ¼ OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS LYING NORTHERLY OF A LINE DRAWN PARALLEL TO THE NORTHERLY LINE OF SAID LOT 5, FROM A POINT 220.0 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID LOT 5, IN COOK COUNTY, ILLINOIS. PINs: 10-24-300-042-0000 10-24-300-044-0000 COMMONLY KNOWN AS: 2532-33 Oakton Street, Evanston, Illinois. 489 of 994 For City Council meeting of June 24, 2013 Item P7 Ordinance 73-O-13 Application for Special Use for a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Dennis Marino, Manager, Planning and Zoning Division Melissa Klotz, Zoning Planner, Planning and Zoning Division Subject: Ordinance 73-O-13 Granting a Special Use for a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street Date: June 19, 2013 Recommended Action The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 73-O- 13 granting a special use permit for the operation of a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street. The applicant has complied with all zoning requirements and meets all of the standards of a special use for this District. The Zoning Board of Appeals found this as well in its findings for a positive recommendation. The use should not incur any detrimental effects that would negatively affect the surrounding area because of strict Illinois EPA regulations the business must abide by, and the isolated location of the site, which is entirely surrounded by industrial zoning and is over 1000’ from the nearest residential district. Summary Applicants Jim Seckelmann and Scott Scholler of J & S LLC propose to operate a Yard Waste Transfer Facility at 2533 Oakton Street with the utilization of the adjacent parcel just west of the access drive at 2532 Oakton Street for truck maneuvering and overflow staging. The applicants recently received approval of a text amendment to add Yard Waste Transfer Facilities to the Zoning Ordinance as special uses in the I3 General Industrial District, the district said properties are located within. 2533 & 2532 Oakton Street are located on the far west side of the city, just north of Oakton Street, off of a service drive that parallels the east side of the North Shore Channel. The properties are not located directly on Oakton Street, and are within the only I3 General Industrial District in the city. The properties are surrounded to the west by the Memorandum 490 of 994 North Shore Channel, north and south by the I3 District, which features business such as North Shore Towing and Ozinga Ready Mix Concrete, and the I1 Industrial/Office District to the east (buffered by nearly 200’ at the closest point that features a large detention area) where the outdoor center for Home Depot operates. The applicants plan to operate a facility that features two principal activities: landscape material sales, which is a permitted trade contractor use in the I3 District, and yard waste transfer. The combined operations will allow small landscape contractors with a location in the city where they can drop off yard waste such as grass clippings, branches, and trimmed greenery, and then purchase wholesale landscape materials in a one-stop shopping experience. The proposed site features ingress along the northwest side of the lot where trucks will enter the facility, drop off their landscape waste, pick up wholesale mulch or other aggregate materials, and then proceed through the egress on the southwest end of the lot. All yard waste will be transferred to an off-site recycling and composting facility. An Illinois EPA permit is required for the yard waste transfer and will limit the length of time such materials can be stored on site to 24 hours during the week and slightly longer on weekends. Because of the 24 hour limitation (which is also a listed regulation within the Zoning definition), the possibility of offensive odors emanating from the property due to the yard waste is minimal. For the duration the materials will remain on-site awaiting transfer, the yard waste will be treated with a misting deodorizer when necessary and will be kept covered. The applicants expect each landscape contractor will drop off 4-5 yards of waste per trip, which will be taken off-site in loads of 60-70 yards at a time to EPA- registered recycling and composting facilities outside the city such as Vernon Hills and Deerfield. Only “clean” yard waste material will be accepted for transfer since non- landscape materials such as garbage or polluted debris will not be allowed. Landscape materials that will be available for wholesale will be stored in outdoor concrete block storage bins. Portable grinders or chippers may be used incidentally when items such as large tree branches need to be mulched following a severe storm, but will not be a typical operation at the facility. The applicants anticipate the hours of operation to be 6:30am – 5pm Monday through Friday, 7am – 4pm Saturday, and optional operations on Sundays. The business will utilize 1-4 employees at a time, and anticipates 25-50 landscape contractors will visit the site daily during the non winter seasons for drop offs and/or purchases. The spring and summer seasons will be busiest since that is when most landscaping and yard maintenance occurs. The fall season will include leaf drop off, and the applicants anticipate incidental sale of bulk rock salt during the winter. The property is currently all concrete, and the natural grade does not incur drainage or ponding issues. Neighborhood Benefit As conditioned and regulated by the Illinois EPA, this use should not cause any type of negative cumulative effect on the surrounding neighborhood. The site in question is located in the I3 General Industrial District, which is the most intense industrial area of the 491 of 994 city. Surrounding businesses include North Shore Towing and Ozinga Ready Mix Concrete. The closest residential zoning district is more than 1000’ from the proposed Yard Waste Transfer Facility. This special use will put an operational business in what is currently a vacant site, and provide a needed service to local landscape contractors. Staff is not aware of objections from any neighboring properties. Comprehensive Plan The Evanston Comprehensive General Plan encourages redevelopment along existing industrial corridors that can add to the property tax base and utilize vacant spaces throughout the city. The Comprehensive Plan specifically includes: Goal: Retain and enhance a diversity of business, commercial, and industrial areas as desirable locations of economic activity. Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. This special use will allow a new business to utilize a space that currently vacant and provide a needed service to local landscape contractors. Legislative History June 18, 2013: The ZBA recommended the City Council approve the requested special use permit for a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street with the following conditions: 1. The proposal must be in substantial compliance with the documents and testimony on record. 2. The use shall not operate before 7am or after 5pm on any Saturday or Sunday, or before 6:30am or after 6:30pm on any weekday. Attachments Proposed Ordinance 73-O-13 June 18, 2013 ZBA Draft Meeting Minutes ZBA Findings Staff memo to the ZBA ZBA Application Packet 492 of 994 DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, June 18, 2013 7:30 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Lori Summers, Scott Gingold, Matt Rodgers, Mary Beth Berns Members Absent: Beth McLennan, Clara Wineberg, Andrew Gallimore, Staff Present: Melissa Klotz, Dennis Marino Presiding Member: Lori Summers Declaration of Quorum With a quorum present, Chairman Summers called the meeting to order at 7:30pm. Approval of Minutes The minutes from the June 4, 2013 Zoning Board of Appeals meeting were motioned for approval by Mr. Rodgers and seconded by Mr. Gingold. The motion was approved 3-0 with 1 abstention. Unfinished Business 1108 Grant Street 13ZMJV-0044 Neil McCarthy and Lindsey Dold, property owners, apply for major zoning relief to demolish a roofed front porch and construct a larger roofed front porch. The applicants request a front yard setback of 22.5’ where 24.3’ is required and a sideyard setback of 2.2’ where 4.5’ is required for porches (yard obstructions) (Zoning Code Section 6-4-1-9-B-1), and impervious surface coverage of 47% where a maximum of 45 5 is allowed (Zoning Code Section 6-8-2-10-A). The Zoning Board of Appeals is the determining body for this case. Neil McCarthy explained his proposal: • Full length porch with roof • Extend to the edges of the house & 2’ further outward from the house • Currently, a landing exists • Submitted letters of support including adjacent neighbors Ms. Berns asked if the side yard setback created a hardship. She noted that architectural design is important and that more space is generally desired. Pulling the porch in by 3’ from the sides is possible, however, that would make the porch smaller than the second story of the house. Chris Thomas, neighbor and fellow architect, stated that the full porch will look better from an architectural standpoint. The porch will also create eyes on the street which will benefit neighborhood security. Mr. Rodgers asked how close the adjacent property is to the west. Chairman Summers replied that it looks like there is approximately 6’ between the two properties. Mr. Gingold reminded the board that the neighbor of that property signed a letter of support. Page 1 of 4 Zoning Board of Appeals 493 of 994 DRAFT NOT APPROVED Page 2 of 4 Zoning Board of Appeals The Zoning Board of Appeals then entered into deliberations: Ms. Berns stated that she did not find the variances to be necessary. Porches can be enclosed at a later date and the porch could be designed to meet the setback requirements. Mr. Gingold suggested that they could condition the variance so that the porch could not be enclosed at a later date. He also notes that the odd shape of the property does create a hardship for the property owner. Mr. Rodgers speculated that the property would look okay due to the 6’ separation between the two houses. He also stated that the hardship is the location of the home. Chairman Summers stated that she would like to get rid of the impervious surface coverage variance. Ms. Klotz noted that the variance is due to the substandard size of the lot. The porch would be easily compliant if the lot was of standard size, to which Mr. Gingold agreed. Ms. Berns voiced her concerns regarding the cumulative effect that could create flooding. Ms. Berns suggested that the sides of the porch could be brought in to the size of the dormers, which would improve the side yard setback and eliminate the impervious surface coverage issue. Mr. McCarthy stated that he could eliminate the walkway along the side of the yard, but realizes his neighbor uses it. Chairman Summers noted that currently the dimensions of the porch are 7’ x 26’. It is then proposed to pull the porch into the dormer width (column width) with the resulting dimensions of 7’x 24.5’. The Zoning Board of Appeals discussed the Standards as modified with the new dimensions, therefore, eliminating the impervious surface coverage issue. They concluded that all of the Standards had been met. Mr. Gingold motioned that the Zoning Board of Appeals recommend approval of the front and side yard setbacks with the following conditions: 1. Modify proposal to circumvent impervious surface coverage variance 2. Column width is not to exceed 2nd story dormer width. Mr. Rodgers seconded the motion and the motion was approved 4-0. New Business 2533 & 2532 Oakton Street J & S LLC, property owner, applies for a special use permit for a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street. 2533 7 2532 Oakton Street are located in the I3 General industrial District, which requires a special use permit for Yard Waste Transfer Facilities to operate (Zoning Code Section 6-14-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read into the record. Al Maiden explained the proposal: • Text amendment to allow special use in an I3 district • Access off Oakton with no residential uses within the private drive • Meets special use standards 494 of 994 DRAFT NOT APPROVED Page 3 of 4 Zoning Board of Appeals • This use is much less intense than other permitted I3 district uses • Will provided a needed service in Evanston Scott Scholler and Jim Seckleman, applicants, spoke on behalf of this proposal. • Explained what the transfer use entails • Property west of the road is for truck overflow, so that if there is a backup of trucks in the busy season, the trucks won’t block the road Chairman Summers inquired about the site plan overlapping the property line on the east side. Mr. Scholler responded that the site was originally constructed that way and they intend to keep it as such. Chairman Summers also asked about adding block walls and suggested that legal address this issue prior to planning and development. Ms. Berns asked a series of questions to which the applicants answered: • How many trucks will there be per day during the busy season? o 25-50 trucks per day • Will the facility be open to homeowners? o No, only trade contractors. • Will there be deliveries? o Occasionally, maybe 5 a day with a small truck • Will you keep Sunday hours? o Might be open-depends on demand Mr. Gingold asked why the Yard Waste Transfer Facility does not allow composting onsite. Mr. Scholler replied that there is an odor associated with compost and it is a timely process. Mr. Marino commented that odor is a result of composting. This occurred with the City of Evanston’s leaf compost site near this property, just south of Oakton, about 15 years ago. Since there will not be any composting at this site, odor will be a nonissue. Chairman Summers asked about the hours of operation and how early the facility would be open on the weekends. Mr. Marino stated that this site is so isolated that there will not be impacts on any residential properties. Ms. Berns asked if a mulcher will be used on site. The applicants responded that there will be a mulcher, but it will not be run during the early morning hours. Mr. Rodgers inquired if the hours of 6:30 am- 6:30 pm Monday –Friday and 7 am- 5 pm on the weekends would be sufficient operating hours for the facility, to which the applicants answered yes. David Cole, North Shore Towing, voiced his concerns regarding rodents, the potential of people dumping in the area around there, traffic (easement is already busy in the spring), and the addition of 25-50 trucks per day is quite a lot. Ms. Berns asked Mr. Cole how many trucks North Shore towing accounted for in a day, to which he answered 50-100 trucks. The applicants stated that entry and exit gates will be locked closed when business is closed. Ms. Berns asked how many trucks could be serviced at once within the property. The applicants answered that the staging area along the north side with 2 rows that can load about 8 each. Large front end loaders are present on the property, as well, where 2 could load at a time. 495 of 994 DRAFT NOT APPROVED Page 4 of 4 Zoning Board of Appeals Rob Rodriguez, owner of lot south of site property, stated that he believes the road can handle the proposed traffic, but parking should not be allowed on either side of the road. The applicants also noted that employee parking will be located within the property near east side. Chairman Summers noted that the City’s Legal Council should look at the over-property line issue and address the need for an easement. The Zoning Board of Appeals then entered into deliberations: Mr. Gingold inquired whether they were required to obtain an EPA permit prior to granting the special use permit. Ms. Klotz answered no, because then they would be unable to get building permits, etc. The Zoning Board of Appeals discussed the Standards: 1) Yes 2) Yes 3) Yes 4) Yes 5) Yes 6) Yes 7) N/A 8) Yes 9) Yes Mr. Rodgers motioned that the Zoning Board of Appeals recommend approval with the following conditions: 1. Hours of operation: 6:30 am- 6:30 pm, Monday- Friday 7:00 am- 5:00 pm, Saturday & Sunday 2. Loading/Off-loading/parking/staging/stacking of materials take place on the site. 3. Law Department must address legal issues regarding the portion that is over the property line. 4. All required EPA/IEPA permits required prior to operation. The motion was seconded by Mr. Gingold and approved 4-0. The meeting adjourned at 9:30 pm. This meeting was recorded by audio and video and is available at the Community and Economic Development Department, 2100 Ridge Avenue, Evanston. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department 496 of 994     FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on June 18, 2013, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearing, based upon the standards for special uses specified in Section 6-3-5-10 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 4-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 4-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met ______Not Met Vote 4-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 4-0 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 4-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 4-0 Case Number: 13ZMJV-0051 Address or Location: 2533 & 2532 Oakton Street Applicant: J & S LLC Proposed Special Use: Yard Waste Transfer Facility 497 of 994     (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 use shall not operate before 7am or after 5pm on any Saturday or Sunday, or before 6:30am or after 6:30pm on any week day. 2) All loading, off-loading, parking, staging, and stacking of materials must occur on the property site and may not occur within the easement drive. 3) All necessary permits from the Illinois EPA are required prior to the operation of the use. 4) The proposal must be within substantial compliance with the documents and testimony on record. _____ denial of the proposed special use. __________________________________________ Date: _____________ Lori Summers Zoning Board of Appeals Chair Attending: Vote: Aye No ___X___ Mary Beth Berns __X__ ____ _______ Clara Wineberg _____ ____ ___X___ Scott Gingold __X__ ____ _______ Beth McLennan _____ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Lori Summers __X__ ____ _______ Andrew Gallimore _____ ____ 498 of 994 499 of 994 500 of 994 501 of 994 502 of 994 503 of 994 504 of 994 505 of 994 506 of 994 507 of 994 508 of 994 509 of 994 510 of 994 511 of 994 512 of 994 513 of 994 514 of 994 515 of 994 516 of 994 517 of 994 518 of 994 519 of 994 520 of 994 521 of 994 522 of 994 523 of 994 524 of 994 525 of 994 526 of 994 527 of 994 528 of 994 529 of 994 530 of 994 531 of 994 532 of 994 533 of 994 534 of 994 For City Council meeting of July 8, 2013 Item P9 Ordinance 60-O-13 Application for Special Use for Bed and Breakfast Establishment at 1622 Forest Avenue For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Dennis Marino, Manager, Planning and Zoning Division Susan Guderley, Neighborhood Planner, Planning and Zoning Division Subject: Ordinance 60-O-13 Granting a Special Use for a Bed & Breakfast Establishment at 1622 Forest Avenue Date: May 30, 2013 Recommended Action Staff recommends consideration of Ordinance 60-O-13 granting a special use permit for the operation of a Bed and Breakfast Establishment at 1622 Forest Avenue. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. The Zoning Board of Appeals recommends denial of this request. A motion to recommend approval at ZBA failed by a 2-4 vote. Members’ findings concluded that the application met 7 of the 9 standards for a special use, but it did not meet 2 of the 9 standards (consistency with the policies of the comprehensive plan (3-3 vote) and cumulative effect of special uses (2-4 vote). By a vote of 6-0, the Evanston Preservation Commission recommends approval of the Special Use and has also approved the issuance of a Certificate of Appropriateness for the restoration of the principal house, the demolition of the existing coach house and construction of the new coach house. This ordinance was introduced at the June 10, 2013 City Council meeting, and held on June 24, 2013 for the July 8, 2013 meeting. Summary Patriot Park LLC, property owner, applies for a special use for a bed and breakfast establishment at 1622 Forest Avenue. The subject property is developed with a 3-story, single-family detached home and a rear coach house on a 22,428 square foot parcel. The rear coach house is used as a garage with a second floor rental unit. This property is both an Evanston landmark and located within the Evanston Lakeshore Historic District. The applicant proposes to remodel this home for use as a five guest-room bed and breakfast establishment. Planned interior and exterior renovations include: the addition of an elevator on the north side of the building; addition of a stone terrace on the southwest corner of the house; installation of a new paved ramp; depression of grade on the south Memorandum 535 of 994 elevation to allow for a basement exit and windows; addition of half-timbering to the west and north elevations to match existing east and south elevations; renovation of existing and addition of new bathrooms; restoration and renovation of the bedrooms; and the conversion of the third floor into a separate suite, where one of the owners shall reside. There will be no substantial changes to its footprint or building envelope. In addition, the applicant proposes to demolish the existing coach house and replace it with a new structure of comparable size and appearance. Its first floor will be used for reserved, enclosed parking (6 spaces) for the use of guests and the resident owner. The second floor of the coach house will continue to be rented to a tenant and will not be available for use or rent by guests of the B&B. Additional space for parking is provided by the driveway and paved apron in front of the coach house; it is anticipated that both will be used for deliveries, maintenance and service providers, and the accessory unit’s tenant. Another request for a Special Use Permit to establish a bed and breakfast at 300 Church Street by Evergreen Manor LLC was granted by City Council in November 2011. That site is approximately 90’ north of the subject property, separated by one single family property. That project was recommended for denial by the ZBA, but approved by Council with conditions. The conditions include: tying the permit to the original owner/operator rather than the subject parcel; prohibiting the creation of a basement kitchen; prohibiting the use of the accessory apartment by the B&B; and leasing of additional parking spaces to serve guests. The City’s Law Department has determined that the ownership of both 300 Church and the subject property meet the requirements of the Zoning Ordinance. One of the beneficiaries/owners of the LLC will be the owner operator of the proposed bed and breakfast and will reside in the house at 1622 Forest Place, as required. The surrounding neighborhood is composed of single family housing and City park space and recreational areas. All of the other properties within the same block as the subject property are single family homes; this includes 300 Church, which remains under rehabilitation and is not yet a functioning B&B. The subject property is zoned R1, which extends at least one block to the west, north and south. This area is composed of single- family homes, with the exception of Northwestern University’s School of Continuing Education (405 Church) and its adjacent parking lot. Immediately to the east, across Forest Avenue, the area is zoned OS Open space and is occupied by the City’s Centennial and Patriot Parks and Clark Street Beach. Neighborhood Benefit This special use will allow a new use for an historic structure that is currently vacant and in a deteriorated condition. The proposed interior and exterior renovation will result in the extended life and adaptive reuse of a landmark property in the Lakefront Historic District . Staff has received one email from neighbors who support this request and four letters and one email from neighbors objecting to it. The ZBA also heard oral testimony from neighbors in objection on both April 2 and April 24, 2013. 536 of 994 Comprehensive Plan Two goals of the Evanston Comprehensive General Plan are to enhance existing assets of neighborhoods in recognition that each contributes to Evanston’s social and economic quality and to identify and preserve the City’s historic heritage for the benefit of both current and future residents. The Comprehensive Plan specifically includes: Objective: Maintain the appealing character of Evanston’s neighborhoods while guiding their change. Policy/Action: Encourage creative adaptive reuse of properties available for redevelopment using zoning standards and the Site Plan and Appearance Review process to protect historic character. Objective: Promote Evanston’s reputation as a community where historic preservation is a vital part of the community’s identity. Policy/Action: Identify historical and cultural resources for their potential in the enhancement of Evanston as a regional tourism destination. Objective: Develop and promote economic incentives for historic preservation. Legislative History December 18, 2012 By a vote of 6-0, the Preservation Commission voted to approve the demolition of the existing coach house at 1622 Forest Place in that the standards for review of demolition apply. March 19, 2013 By a vote of 6-0, the Preservation Commission voted to recommend to City Council approval of the special use for the bed and breakfast as it meets standards AC for special use/variations. April 23, 2013: By a vote of 2-4, the Zoning Board of Appeals failed to pass a motion to recommend approval of this request. Attachments Proposed Ordinance 60-O-13 ZBA Meeting Minutes of April 2 and April 23, 2013 ZBA Findings Staff memo to the ZBA ZBA Application Packet ZBA Meeting Exhibits Public Comments Preservation Commission Minutes of October 16, 2012, November 20, 2012, December 18, 2012, and March 19, 2013 Memo from Southeast Evanston Association 537 of 994 5/29/2013 60-O-13 AN ORDINANCE Granting a Special Use Permit for a Bed and Breakfast Establishment Located at 1622 Forest Place in the R1 Single-Family Residential Zoning District WHEREAS, the Zoning Board of Appeals (“ZBA”) met on April 2 and April 23, 2013, pursuant to proper notice, to consider case no. 13ZMJV-0017, an application filed by Patriot Park, LLC (the “Applicant”), owner of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1622 Forest Place (the “Subject Property”) and located in the R1 Single-Family Residential Zoning District (“R1 District”), for a Special Use Permit to establish, pursuant to Section 6-4-7 and Subsection 6-8-2-4 of Title 6 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Bed and Breakfast Establishment (“B&B”) 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 B&B did not meet the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council deny the application; and WHEREAS, at its meeting of June 10, 2013, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council reject the ZBA’s recommendation and instead approve the application in case no. 13ZMJV-0017; and 538 of 994 60-O-13 ~2~ WHEREAS, at its meetings of June 10 and June 24, 2013, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, and adopted those of the P&D Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a B&B on the Subject Property as applied for in case no. 13ZMJV-0017. 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. Commercial Trash Collection: The Applicant shall enter into a contract with the City’s municipal solid waste service franchisee for trash collection as often as may be required to prevent a nuisance or a threat to public health, welfare and safety, but in no event shall such service be less than three (3) times each week. C. No Third Floor Kitchen: The Applicant shall not install cooking facilities on the third floor of the Subject Property. D. Coach House Occupancy Restricted: Pursuant to Subsection 6-4-7-(B) of the Zoning Ordinance, the coach house on the Subject Property shall not be used as living quarters for guests of the B&B authorized by the terms of this ordinance. Any lease of said coach house shall be for a term no shorter than one (1) year. 539 of 994 60-O-13 ~3~ E. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 540 of 994 60-O-13 ~4~ EXHIBIT A Legal Description LOT 13 (EXCEPT THE SOUTH 34 FEET THEREOF), AND ALL OF LOT 14 AND THE SOUTH 14 FEET OF LOT 15 IN BLOCK 22 IN THE VILLAGE OF EVANSTON, IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PIN: 11-18-405-013-0000 COMMONLY KNOWN AS: 1622 Forest Place, Evanston, Illinois. 541 of 994 APPROVED Page 1 of 4 Zoning Board of Appeals MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, April 2, 2013 7:30 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Andrew Gallimore, Matt Rodgers, Lori Summers, Beth McLennan, Mary Beth Berns, Scott Gingold Members Absent: Clara Wineberg Staff Present: Melissa Klotz, Susan Guderley, Dennis Marino Presiding Member: Lori Summers Declaration of Quorum With a quorum present, Chairman Summers called the meeting to order at 7:40pm. Unfinished Business 1826 Lyons Street ZBA 13ZMJV-0005 Ricardo Soto, property owner, applies for major zoning relief to retain 3 dwelling units on one property. The applicant requests to retain 3 dwelling units on a lot with a total size of 3,823.3 square feet where 2,500 square feet per dwelling unit is required for a total required lot size of 7,500 square feet (Zoning Code Section 6-8-5-4-C). The Zoning Board of Appeals is the determining body for this case. The applicant’s representative, Liz Soto, explained that her family purchased the property as a 3 unit home 10 years ago. The applicant’s father lives in the basement unit, the applicant’s family lives on the first floor, and Ms. Soto’s family lives on the second floor. Ms. Klotz explained that each floor is considered a separate dwelling unit because there is a full kitchen on each floor. Ms. Soto noted that each unit has its own gas and water meter as well. Chairman Summers noted the old MLS listing included as a ZBA packet supplement lists the property as a 2 unit with an in-law unit that generates rental income in the basement. Chairman Summers noted that the representation of the property in the MLS listing could be a hardship. Ms. Berns felt an incorrect MLS listing should not constitute a hardship. Mr. Gingold asked staff to explain the recommended condition of how the basement unit could be removed when the Soto’s leave the property, and how a covenant to do so would work. Ms. Klotz explained that when the property is no longer utilized by the Soto’s, a covenant recorded with Cook County could require that the kitchen in the basement unit be removed so that the property would qualify as 2-units instead of 3, and the basement could not be rented out by future owners. A nearby resident of the Soto’s noted that the basement was used as its own unit prior to the Soto’s purchase of the property. Carlos Sutton, President of the Block Club Community Alliance, noted that the property has been 3 units since at least the 1960s. The Zoning Board then entered into Deliberation: • Mr. Gallimore noted that the property is listed as 3 units on the City’s “About My Place” website. 542 of 994 APPROVED Page 2 of 4 Zoning Board of Appeals • Ms. McLennan noted the homeowners may face a financial hardship if the covenant is implemented when the Sotos sell the property. The Zoning Board re-opened the record: Mr. Gingold asked Ms. Soto is she was aware of the building code issues that would have to be resolved, such as the need for an egress window in the basement, and she replied yes, they are willing to address the code issues. Mr. Gingold then asked if the variance affects the parking requirement, and Ms. Klotz explained that it does not because the square footage of the livable space on the lot is not changing. The 3 spaces on the lot are currently not accessible because a portion of the driveway that leads to them was removed at some point, so the ZBA could require that portion of the driveway to be reinstated so that the 3 existing parking spaces could be accessed. The Zoning Board then returned to Deliberation: • Ms. Berns asked what constitutes the removal of a kitchen, and Ms. Klotz explained the stove hookups must be capped off in the wall and the sink must be removed. • Ms. Summers asked the ZBA members if this situation warranted granting the variance for the current property owner but not allowing the variance to transfer when new owners take over the property. Members felt the approval should continue if ownership is transferred to other family members, but not continue if the property is sold. The Standards were then discussed: 1) yes 2) yes 3) yes No – Ms. Berns and Mr. Rodgers felt the hardship was specific to the family, not the property. Professionals who were involved during the purchase did not do their due diligence. 4) yes 5) yes 6) yes 7) yes Mr. Gingold motioned for approval of the variance with conditions, and Ms. McLennan seconded the motion: 1) All life safety issues must be addressed including a proper egress window in the basement unit. 2) All units must be occupied by the Soto families or else the basement unit must be removed. 3) The basement unit shall have a covenant recorded with Cook County that states the property shall only be sold as a 2-unit, and the basement unit, 3rd gas and water meters must be removed prior to the sale or as a condition of the sale. 4) City staff will work with the applicant to make the aforementioned covenant. The motion was approved 4-2, with Ms. Berns and Mr. Rodgers voting to deny. 1202 Sherman Avenue ZBA 13ZMJV-0007 Senthil Rajarathinam, property owner, applies for major zoning relief to add one open parking space in the street side yard. The applicant requests open parking in the street side yard where parking is prohibited (Zoning Code Section 6-16-2-1-C-1), a 0’ street side yard setback where 15’ is required (Zoning Code Section 6-8-4-7-A-2), a 1.5’ rear yard setback where 3’ is required (Zoning Code Section 6-8-4-7-C-4), and a parking stall length of 13.5’ where 18’ is required (Zoning Code Section 6-16-2-4). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. 543 of 994 APPROVED Page 3 of 4 Zoning Board of Appeals Ms. Berns noted that she owns property within 500’ of the site in question, but that will not affect her deliberation. Ms. Klotz explained that the original site plan was revised at the recommendation of SPAARC, so only variances for the street side yard parking, and street side yard parking setback are now requested. Emily Ellis, property owner, explained why the variances are necessary: • On-street parking is difficult in the area, especially with small children in tow and the nearby CTA station that adds many parked cars to the area. • Previously the family did not have a car, so this is a new hardship. • The adjacent neighbor approves of the plan. • She finds all Standards to be met. The Zoning Board then entered into Deliberation: • Ms. Berns noted parking in the area is not difficult except on street sweeping days. She also noted other nearby properties have been granted relief for parking. • Chairman Summers noted corner lots have that problem a lot, and felt this property’s situation was not unique. • Ms. McLennan explained that corner lots have this problem, and this particular property has an even worse problem because Sherman is so busy. • Chairman Summers felt the extensive traffic on Sherman Avenue brings up a concern for backing out of the proposed driveway with the intersection so near. • Ms. Berns felt the best solution would be to make that neighborhood permit parking only on the street, and Ms. McLennan noted that the commuters that park there now would have nowhere else to park. • Mr. Gingold felt the hardship was unique, but the family bought the property knowing there was no parking. The Standards were then discussed: 1) No Yes – Ms. McLennan, Mr. Gallimore, Mr. Gingold 2) No 3) No Yes - Ms. McLennan, Mr. Gallimore, Mr. Gingold 4) Yes No – Mr. Gingold, Mr. Rodgers, Ms. Berns – its an inconvenience 5) Yes 6) Yes 7) Yes Ms. McLennan motioned to recommend approval of the variance, and Mr. Gallimore seconded the motion. The motion was denied 2-4, with Mr. Gingold, Mr. Rodgers, Ms. Berns, and Chairman Summers voting to deny the motion. New Business 1622 Forest Place ZBA 13ZMJV-0017 Patriot Park LLC, property owner, applies for a special use for a bed and breakfast establishment at 1622 Forest Place. 1622 Forest Place is located in the R1 Single Family Residential District, which requires a special use permit for a bed and breakfast establishment to operate (Zoning Code Section 6-8-2-4). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. 544 of 994 APPROVED Page 4 of 4 Zoning Board of Appeals Andrew Scott, attorney for Patriot Park LLC, explained the proposal and submitted 3 exhibits: • Significant restoration of the property will occur at a cost of 3-6 million dollars. Dawn Overand, who is one of the property owners and will manage the bed and breakfast, explained: • Ms. Overand holds a 4.9% ownership of the property and lived behind the property 4 years ago. She will live at the property to operate the bed and breakfast. • When the property was purchased, it was discussed as an option that the property may be utilized as a bed and breakfast establishment. • Ms. Overand is a 1% owner of the 300 Church Street B&B, but is not the operator. • The B&B will not operate as an investment return, but as a land-banking investment for a sale some time in the future, possibly as a single family home. The B&B profits would offset the cost of maintenance and taxes on the property. • The current tenant will remain in the coach house after the coach house is rebuilt. Mary Lindberger explained her research findings on the impact the B&B would have on the immediate area: • B&Bs have no negative impact on the neighborhood and they do not negatively impact the sale of surrounding single family residences. Mr. Gingold asked if research was done at existing locations where 2 B&Bs were in such close proximity, and Ms. Berns asked what the impact would be on the home that is situated in between the proposed B&B and the 300 Church Street B&B. Ms. Lindberger replied that zero impact times 2 equals zero impact. Ms. Berns asked how the sales of other homes within that neighborhood were affected after the 300 Church Street B&B opened, and Ms. Lindberger responded that was not researched. David Reynolds, nearby property owner, felt the Standards for such use are not met, and submitted 2 letters from nearby property owners. Oliver Gould felt the proposal would have a negative impact on the neighborhood. Alice Whitley stated she bought into an R1 neighborhood and there should not be 2 non-single family homes within the neighborhood because there is too much of a negative impact. Kathryn Stokel agreed with the previous comments. ZBA members requested staff forward the transcripts/recordings from the 300 Church Street ZBA case and a map with addresses of surrounding properties for the next hearing. Mr. Rodgers motioned to continue the case to the April 23, 2013 ZBA hearing, and Ms. Berns seconded the motion. The motion was approved 6-0. The meeting adjourned at 10:55pm. This meeting was recorded by audio and video and is available at the Community and Economic Development Department, 2100 Ridge Avenue, Evanston. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department 545 of 994 APPROVED Page 1 of 5 Zoning Board of Appeals MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, April 23, 2013 7:30 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Andrew Gallimore, Matt Rodgers, Lori Summers, Beth McLennan, Scott Gingold, Clara Wineberg Members Absent: Mary Beth Berns Staff Present: Melissa Klotz, Susan Guderley, Dennis Marino, Ken Cox Presiding Member: Lori Summers Declaration of Quorum With a quorum present, Chairman Summers called the meeting to order at 7:35pm. Unfinished Business 1622 Forest Place ZBA 13ZMJV-0017 Patriot Park LLC, property owner, applies for a special use for a bed and breakfast establishment at 1622 Forest Place. 1622 Forest Place is located in the R1 Single Family Residential District, which requires a special use permit for a bed and breakfast establishment to operate (Zoning Code Section 6-8-2-4). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Tom O’Brien commented that 2 bed and breakfast establishments in such close proximity to each other are too many, and wondered if such approval would set a precedent for more. Chairman Summers noted that the Plan Commission recommended a minimum 900’ distance requirement between such establishments but the regulation was not approved by City Council. Chairman Summers asked for clarification on the floorplan regarding the unlabeled bedrooms on the third floor. Mr. Scoot explained the bedrooms will be utilized as living space for the B&B manager. Mr. Scott noted the immediate neighbors have not commented in opposition to the proposal, and Mr. Gingold added that they have also not commented in favor. Ms. Cooper noted the economic benefit of having another B&B in Evanston will be minimal since only 5 bedrooms will be available for use. She asked if stronger noise regulations should be implemented than the City’s noise ordinance since B&Bs may have outdoor events often but are surrounded by residences. She then cited examples for large homes in the area that have recently sold after a few days or weeks on the market. Mr. Gingold asked if an incremental economic benefit study was done, and Mr. Scott explained that such a study was not done, however it is the intent of the B&B for guests frequent Evanston shops and restaurants. The Zoning Board entered into Deliberations: Mr. Rodgers felt the commercialization was not a big issue, but was concerned with the close proximity to the other B&B, and noted that the amount of money being invested in the property 546 of 994 APPROVED Page 2 of 5 Zoning Board of Appeals may push the home into a higher price point where it could not revert back to a single family residence. Mr. Gingold noted that according to the minutes from the 300 Church Street B&B public hearing, Mr. Scott stated there was no plan for more B&Bs in the area. Mr. Gingold felt the B&B ordinance was created for existing homeowners to utilize their homes, not for a corporation to purchase a property to run as a business. He added there will be a negative cumulative effect, and many of the Standards are not met. Ms. Wineberg agreed, and added that the use would diminish the characteristics of the neighborhood. Ms. McLennan disagreed. She explained that she lived in resort communities with many nice B&Bs. She applauded the intense renovations and adaptive reuse the applicants intend. She noted that the house, as a $8-9 million dollar property without beach access, will likely be priced out of the single family residence range, but the work needs to be done to it either way. Mr. Gallimore added hotels and B&Bs in Evanston are lacking. This is a large lot so much of the noise will be mitigated and not have the same issues as current illegal rentals that are on small lots. Chairman Summers noted that parking is not an issue at this property and the coach house is not an issue, but there may be a negative cumulative effect, and the proposal may not keep with the intent of the Comprehensive Pan since it isn’t specifically addressed in the Comprehensive Plan. Mr. Gingold explained that he has no problem with B&Bs but it was not the intent of the Zoning Ordinance for corporations to establish multiple B&Bs as businesses. A financier with 99% ownership with a manager owning 1% is not the intent of the ordinance. Ms. Wineberg added the intent of the Zoning Ordinance is not to create a resort area along the lakefront. The Standards were then addressed: 1) Yes 2) No – Scott, Clara, Lori Yes – Beth, Matt, Andrew 3) No – Scott, Clara, Matt, Lori Yes – Andrew, Beth 4) Yes – Lori, Beth, Math, Andrew No – Scott, Clara 5) Yes – but require commercial garbage pick up 6) Yes 7) Yes 8) Yes 9) Yes Mr. Rodgers motioned to recommend approval with the following conditions: 1) No full kitchen on the third floor. 2) Commercial garbage pickup is required. 3) The coach house shall have a minimum 1 year lease and not be part of the B&B. 4) The project be in substantial compliance with the documents and testimony on record. Ms. McLennan seconded the motion, which was denied 2-4 with members McLennan and Gallimore voting in favor and members Wineberg, Gingold, Summers, and Rodgers voting opposed. 547 of 994 APPROVED Page 3 of 5 Zoning Board of Appeals New Business 623 – 627 ½ Howard Street ZBA 13ZMJV-0022 Douglas Lasch, architect, applies for major zoning relief to eliminate 8 required off-street parking spaces for a Type 1 Restaurant. The applicant requests to eliminate 8 required off-street parking spaces for a total of zero off-street parking spaces (Zoning Code Section 6-16-3-5). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Mr. Rodgers noted that he lives within 500’ of the subject property but his judgment would not be affected by the proximity of his residence. Applicant Douglas Lasch explained the proposal: • The project includes a gut rehab of the entire property, including the addition of an outdoor courtyard and seating area. The garage would be turned in to a micro-brewery. • The garage will have the same appearance from the alley side, although only one garage door will be functional. • Staff could park in nearby City lot, take public transportation, or possibly at Sherwin Williams lot. • Looked at options that would not eliminate the garage parking, but there wasn’t a feasible plan. • Valet parking for patrons will be available if the restaurant is busy enough to warrant it. • Currently working on parking lease with Sherwin Williams to lease parking spaces in their lot. Mr. Rodgers noted that there is currently a proposal in review for the residential area just north of the proposed restaurant to make street parking available only to Evanston residents between 6pm and 6am. Mr. Lasch noted the hardship is that there is not enough space available in the building to operate the restaurant and micro-brewery without utilizing the garage area, and the business cannot be successful without the micro-brewery. Dennis Marino, Manager, Planning & Zoning, noted the City lot is on Howard Street and Chicago Avenue and is historically underutilized. Valet parking could utilize that lot as well. Chairman Summers asked how many parking spaces are available at the Sherwin Williams site, and Mr. Lasch responded that there are more than 10 spaces available. Alderman Ann Rainey explained that within the 600 and 700 blocks of Howard Street, on both sides of the street, there are 6 large parking lots that are virtually empty from 7am – 2am, and are available for valet leases for a total of more than 100 available parking spaces. The Zoning Board entered into Deliberations: Chairman Summers noted that a parking lease should be required for staff parking, as well as some customer parking during peak times. Mr. Gingold added that a condition should be added so that staff cannot utilize the street parking. The Zoning Board members found all Standards to be met. Mr. Gingold motioned to recommend approval of the parking variance with the following conditions: 548 of 994 APPROVED Page 4 of 5 Zoning Board of Appeals 1) Staff may not park on the street. 2) 8 off-street parking spaces within the vicinity of the proposed restaurant must be leased. 3) Valet parking must be available during peak business hours. 4) The proposal must be within substantial compliance with the documents and testimony on record. The motion was seconded by Ms. McLennan and approved 6-0. 1404 – 1406 Greenleaf Street ZBA 13ZMJV-0020 Russell and Paula Wagner, property owners, apply for major zoning relief to replace an existing detached garage with a larger detached garage. The applicants request a separation between the principal structure and accessory structure (detached garage) of 4.1’ where 10’ is required (Zoning Code Section 6-4-6-2-C). The Zoning Board of Appeals is the determining body for this case. Applicants Russell and Paula Wagner explained the project: • Current garage is dilapidated and too small to fit a car • Current garage is below grade so it floods • Intend to replace with a solid brick garage to address fire rating concerns • Has support from immediate neighbors • Space above the garage will be used for storage for the on-site business Ms. Klotz explained the rental house is nonconforming and does not affect the garage use. Ms. Klotz also noted because of the B Zoning District, the property is analyzed with FAR, which is compliant at .49 with the proposed garage. The Zoning Board entered into Deliberations: The Zoning Board found the Standards to be met. Mr. Rodgers motioned for approval with the following conditions: 1) The garage must be constructed with a 1 hour separation fire rated wall where it is adjacent to the rental house. 2) The project must be within substantial compliance of the documents and testimony on record. Ms. McLennan seconded the motion, which was approved 6-0. 1104 Davis Street ZBA 13ZMJV-0021 Joel Stein, lessee applies for a special use for a Resale Establishment at 1104 Davis Street. 1104 Davis Street is located in the D4 Downtown Transition District, which requires a special use permit for Resale Establishments to operate (Zoning Code Section 6-11-5-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Applicant Joel Stein explained the proposal: • Sell surplus small office furniture that is left over from large wholesale business. • Plans to give away all proceeds but will not technically be a non-profit establishment. • Will restock a few times a week as needed with a small van. • Will look like a retail shop, not a warehouse. • Hours of operation 10am-5pm Monday-Friday and possibly 11am-4pm on Saturdays. The Zoning Board entered into Deliberations: The Zoning Board found the Standards to be met. Mr. Rodgers motioned to recommend approval with the following conditions: 549 of 994 APPROVED Page 5 of 5 Zoning Board of Appeals 1) The special use is limited to furniture and furnishings. 2) Hours of operation limited to 7am-10pm, 7 days a week. Mr. Gingold seconded the motion, which was approved 6-0. The meeting adjourned at 10:10pm. This meeting was recorded by audio and video and is available at the Community and Economic Development Department, 2100 Ridge Avenue, Evanston. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department 550 of 994     FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting public hearings on April 2 and April 23, 2013, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearing, 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 6-0 (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; _______Met __X__Not Met Vote 3-3 (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; _______Met __X___Not Met Vote 2-4 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 4-2 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 6-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 6-0 Case Number: 13ZMJV-0017 Address or Location: 1622 Forest Place Applicant: Patriot Park LLC Proposed Special Use: Bed and Breakfast Establishment 551 of 994     (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 6-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 6-0 (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 6-0 and, based upon these findings, and upon a vote __2__ in favor & __4__ against Recommends to the City Council _____ approval without conditions __X__ approval with conditions specifically: 1) No full kitchen on the third floor. 2) Commercial garbage pickup is required. 3) The coach house shall have a minimum 1 year lease and not be part of the B&B. 4) The project be in substantial compliance with the documents and testimony on record. _____ denial of the proposed special use. __________________________________________ Date: _____________ Lori Summers Zoning Board of Appeals Chair Attending: Vote: Aye No _______ Mary Beth Berns _____ ____ ___X___ Clara Wineberg _____ _X__ ___X___ Scott Gingold _____ _X__ ___X___ Beth McLennan __X__ ____ ___X___ Matt Rodgers _____ _X__ ___X___ Lori Summers _____ _X__ ___X___ Andrew Gallimore __X__ ____ 552 of 994 To: Members of the Zoning Board of Appeals From: Dennis Marino, Manager, Zoning and Planning Division Susan Guderley, Neighborhood Planner Subject: 1622 Forest Place, 13ZMJV-0017 ZBA Recommending Body; City Council Determining Body Date: March 28, 2013 Notice – Published in the March 14, 2013 Evanston Review Patriot Park LLC, property owner, applies for a special use for a bed and breakfast establishment at 1622 Forest Place. 1622 Forest Place is located in the R1 Single Family Residential District, which requires a special use permit for a bed and breakfast establishment to operate (Zoning Code Section 6-8-2-4). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Recommendation The Historic Preservation Commission and the Site Plan and Appearance Review Committee recommend approval of the proposed Special Use. The Preservation Commission has also approved a Certificate of Appropriateness for the exterior improvements to the house and coach house. The enclosed Zoning Analysis finds the proposed project compliant with the Zoning Ordinance with the exception that it requires special use approval by City Council to operate as a bed and breakfast. The proposed project has positive characteristics, especially the opportunity to enhance substantially a historic property. Staff has determined that the proposal meets the Standards for a Special Use. Two issues that the ZBA might consider as part of its review of the proposal and its recommendation include the possibility of restricting the permit to operate to the original owner/manager of the establishment, as was done with 300 Church Street, and also consider recommending conditions to regulate the use of the bed and breakfast for special events. Objectors have been present at the Site Plan and Appearance Review Meeting and one has submitted written letter of comment to date that has been enclosed. Site/Proposal Background The subject parcel is developed with a large 3-story, single-family detached home and a rear coach house on a large site of 22,428 square feet. The coach house is used as a Memorandum 553 of 994 garage with a second floor rental unit. This property is both an Evanston landmark and within the Evanston Lakeshore Historic District. The applicant proposes to renovate the home for use as a five guest-room bed and breakfast establishment. The proposed project includes interior remodeling and renovation of the principal structure to include the following: the addition of an elevator on the north side of the building; addition of a stone terrace on the southwest corner of the house; installation of a new paved ramp; depression of grade on the south elevation to allow for a basement exit and windows; addition of half-timbering to the west and north elevations to match existing east and south elevations; renovation of existing and addition of new bathrooms; restoration and renovation of the bedrooms; and construction of improvements to the third floor for the home owner. There will be no substantial changes to the footprints and building envelope. In addition, the applicant proposes to demolish the existing coach house that has been described as structurally deficient and replace it with a new structure of comparable size and appearance. Its first floor will be used for reserved, enclosed parking (6 spaces) for the use of guests and the resident owner. The second floor of the coach house will continue to be rented to a tenant and will not be available for use or rent by guests of the B&B. Additional space for parking is provided by the driveway and turnaround area in front of the coach house; it is anticipated that both will be used for deliveries, maintenance and service providers, and the accessory unit’s tenant. Another request for a Special Use Permit to establish a bed and breakfast at 300 Church Street by Evergreen Manor LLC was granted by City Council in November, 2011. That site is approximately 90’ north of the subject property, separated by one single family property. That project was recommended for denial by the ZBA, but approved by Council with conditions, some of which were suggested by the ZBA. The conditions included tying the permit to the original owner/operator rather than the subject parcel, prohibiting the creation of basement kitchen facilities, prohibiting the use of the accessory apartment by the B&B, and leasing of additional parking spaces to serve guests. Ownership of both 300 Church and the one now under consideration is by a LLC Corporation that has been determined by the City’s Law Department to meet the requirements of the Zoning Ordinance. One of the beneficiaries/owners of the LLC will be the owner operator of the proposed bed and breakfast who will reside in the house at 1622 Forest Place as required. The surrounding immediate neighborhood is composed of single family housing, and City park lands and open space. The immediate face blocks that share the common alley relative to the subject property are composed of single family homes and include the one approved bed and breakfast at 300 Church Street that is not yet operating and is under substantial rehabilitation. Within a two block radius of the R1 Zoning in which the subject parcel is located, the only other non-single family residential uses are the offices of Northwestern University’s School of Continuing Studies (405 Church Street) and its adjacent staff/visitor parking lot. Ordinances Identified for Requested Approval 6-8-2-4: SPECIAL USES: 554 of 994 The following uses may be allowed in the R1 District, subject to the provisions Set forth in section 6-3-5, “Special Uses,” of this title: Bed and breakfast establishments (subject to the general requirements of section 6-4-7, “Bed And Breakfast Establishments”, of this title) [among others listed] Special Use Standards: For the ZBA to recommend that City Council grant a special use, the ZBA must find that the proposed special use: a) is one of the listed special uses for the zoning district in which the property lies; b) complies with the purposes and policies of the Comprehensive General Plan and the Zoning Ordinance; c) does not cause a negative cumulative effect in combination with existing special uses or as a category of land use; d does not interfere with or diminish the value of property in the neighborhood; e) is adequately served by public facilities and services; f) does not cause undue traffic congestion; g) preserves significant historical and architectural resources; h) preserves significant natural and environmental resources; and i) complies with all other applicable regulations. Staff determination is that this special use application meets the standards of the special use. The extraordinary large site of the proposed bed and breakfast and the large house in which it would operate should minimize any potential negative externalities, especially if reasonable conditions for special events are included. The presence of adequate parking for the proposed use is a favorable characteristic of the proposed project. ZBA members, however, should be aware that there are at last two residents who have indicated that the application should not be approved because it does not meet one or more standards. Attachments Special Use Application – Submitted February 5, 2013 Standards Form Zoning Analysis Bed and Breakfast Zoning Regulations Plat of Survey – February 22, 2012 Site Plan Elevations Letter of Concern Aerial View of Property Zoning Map Image of Property SPAARC Draft Meeting Minutes – March 27, 2013 555 of 994 1622 Forest Place 13ZMJV-0017 556 of 994 557 of 994 558 of 994 559 of 994 560 of 994 561 of 994 562 of 994 563 of 994 564 of 994 565 of 994 566 of 994 567 of 994 568 of 994 569 of 994 570 of 994 571 of 994 572 of 994 573 of 994 574 of 994 575 of 994 576 of 994 6-4-7. - BED AND BREAKFAST ESTABLISHMENTS. A bed and breakfast establishment is an owner occupied single-family or two-family dwelling where short term lodging and morning meals are provided for compensation. The following general requirements shall apply to bed and breakfast establishments: Location: The bed and breakfast establishments shall be located within and accessory to an owner occupied single-family or two-family residential structure. Maximum Bedrooms Allowed: Subject to the special use provisions in each zoning district, up to a maximum of five (5) bedrooms may be provided for registered guests. No additional bedrooms as living quarters for roomers, permanent guests, or other boarders shall be permitted in conjunction with the operation of a bed and breakfast establishment. Maximum Stay: The maximum stay by any one (1) guest shall be four (4) consecutive weeks. Cooking Limitations: Morning meals shall be the only meals provided for registered guests only. No cooking facilities shall be permitted in guestrooms. Room Locations: Rooms used for guests shall be part of the primary residential structure and shall not have been specifically constructed for rental purposes. Guest Parking: Guest parking may be provided either on site, in the rear off a public alley or along the curb abutting the lot but at no time shall guest parking be permitted in any front or side yard. Licensing: The resident owner shall obtain a license for the operation of a bed and breakfast from the City of Evanston department of health and human services. The license shall be granted for a period of one (1) year commencing on the date of issuance. Thereafter, the license may be renewed for a one (1) year period subject to a review by the City Council, through its health and human services committee. Revenue Collection: The resident owner shall comply with all the revenue collection ordinances of the City. Signage And Lighting: All signage and special lighting shall comply with the sign ordinance of the City. (Ord. 43-0-93) (A) (B) (C) (D) (E) (F) (G) (H) (I) Page 1 of 1Municode 3/22/2013http://library.municode.com/print.aspx?h=&clientID=15159&HTMRequest=http%3a%2f... 577 of 994 578 of 994 579 of 994 580 of 994 581 of 994 582 of 994 583 of 994 584 of 994 585 of 994 586 of 994 587 of 994 588 of 994 589 of 994 590 of 994 591 of 994 592 of 994 593 of 994 LINBERGER & COMPANY, LLC REAL ESTATE APPRAISAL & CONSULTING SERVICES 1017 RIDGE AVENUE EVANSTON, ILLINOIS 60202 PHONE 312.968.1017 FAX 847.589.5289 EMAIL mary@marylinberger.com March 31, 2013 Patriot Park, LLC c/o Andrew P. Scott, Esq. Dykema 10 South Wacker Drive Suite 2300 Chicago, Illinois 60606 Re: Proposed Bed and Breakfast Establishment 1622 Forest Place Evanston, Illinois Ladies and Gentlemen, The above-captioned property is an approximately 130-year old, Tudor style single-family home that is proposed for renovation into a bed and breakfast with five guest rooms plus living space for the resident owner. This property is located in an R-1 district, which allows establishments of this type as a special use. At your request, I have evaluated whether this project will (1) interfere with or diminish the value of properties in the neighborhood, (2) be injurious to the property in the Lakeshore Historic District or in the vicinity thereof, or (3) have a cumulative negative impact on surrounding properties when considered in conjunction with other special uses in the same neighborhood. After considering the factors outlined below, I have concluded that this project will not interfere with or diminish the value of properties in the neighborhood, or be injurious to the properties in the Lakeshore Historic District or its vicinity. I furthermore, conclude that as a special use this project will have no cumulative negative impact on surrounding properties when considered in conjunction with other special uses. SURROUNDING AREA This property is located in northeast Evanston, a few hundred feet west of Lake Michigan and less than two blocks south of the Northwestern University campus. The immediately adjoining land uses include a public park to the east and similar large vintage homes to the north, south and west. One house north of the subject at 300 Church Street is another residence that is currently under renovation and will also operate as a bed and breakfast. This establishment has some of the same owners as the subject. 594 of 994 LINBERGER & COMPANY, LLC 2 Forest Place is part of the lakefront commuting route that extends from Lake County south to the northern end of Lake Shore Drive. As a result, it is well-travelled (maps published online by the Illinois Department of Transportation indicate that it carries about 22,500 cars daily). In addition to this commuter traffic, the Northwestern campus attracts visitors both in cars and on foot, as does the lakefront and its festivals particularly in the warm weather. Although the residential character of this area is low-density in that most sites are improved with large single-family homes, this area is quite active in terms of pedestrian and vehicular traffic. ZONING The subject is zoned R–1, a single family zoning classification that permits bed and breakfast establishments as a special use. It is worth noting that Evanston allows bed and breakfasts as a special use in all residential districts as well as in the B-1 district (the City’s lowest density business classification which also permits a variety of residential uses). Furthermore, the City's zoning regulations stipulate that a bed and breakfast can only be operated in a single family or two-family home that includes space for the owner to reside. Given the structure of its zoning ordinance, it is clear that Evanston has made the legislative decision that in terms of land use a bed and breakfast establishment is consistent and compatible with residential uses. As a result, I conclude that the proposed subject development is consistent with Evanston's land use policy and with the intent of its zoning ordinance. EXISTING PROPERTY AND PROPOSED RENOVATIONS This three-story, 14-room home occupies a 22,428 square foot site in the Lakeshore Historic District and is itself a designated historic structure. As currently configured, it has seven bedrooms, four full baths, two powder rooms, a large kitchen with family room and pantry, a dining room, a sunroom, a salon, a parlor, a library, eight fireplaces and a full basement. Along the alley behind the home is a free-standing two-story coach house with first floor parking and an upper floor apartment. Main Residence In order to provide the highest quality accommodations, the development of this proposed bed and breakfast will include the following upgrades to the main residence: Renovation of all the interior common areas; Installation of a new HVAC system throughout; Installation of a fire safety system with sprinklers, strobe lights and alarms; Installation of a new kitchen; Renovation of all existing baths and construction of several new baths such that the home will have a total of five powder rooms and six full baths; 595 of 994 LINBERGER & COMPANY, LLC 3 Renovation and consolidation of the six existing second floor bedrooms into five guest rooms with en suite baths; Installation of a guest laundry area on the second floor; Conversion of the third floor to the resident owner's suite including living/sleeping areas as well as a powder room and a full bath; Renovation of the basement to include a game room, exercise room, media room, quiet/spa room, laundry room and mechanical room; Addition of windows and an entrance door to the basement; Installation of new half-timbering on the home’s northern and western elevations; Repairs to the roof as necessary; Repairs to all existing windows and installation of new windows as needed that match the original; Installation of an elevator on the home's northern elevation that will serve all three floors plus the basement; Installation of a new staircase extending from the basement to the third floor; Installation of a lawn sprinkler system; Construction of a an access ramp on the home's front (eastern) elevation; and Construction of a new stone terrace at the southwest corner of the home. After completion of this work, the home's exterior elevations and first floor layout will be largely unchanged. The only change to its covered footprint will be the new elevator shaft on the north elevation. Coach House The coach house is in poor condition and will be replaced with a new building having essentially the same footprint and the following features: A full basement that includes storage space and a generator to provide emergency power to the entire property; A first floor garage for six vehicles that is accessible from the alley; and A second floor apartment with two bedrooms, a kitchen, a combined living and dining area, two full baths and a powder room. This coach house will meet the parking requirements for the guests and resident owner while additional unenclosed spaces accessed off the home's front driveway will serve the tenant and any visitors. 596 of 994 LINBERGER & COMPANY, LLC 4 Conclusions None of the improvements described above are inconsistent with those that would be associated with the property's continued functioning as a single-family home. In my judgment, this renovation will in no way change the residential character of the property or be injurious to the values of properties in this immediate neighborhood or in the Lakeshore Historic District as a whole. OPERATIONS OF A SIMILAR BED AND BREAKFAST In evaluating the likely operations of the subject property, I interviewed the resident owner of another upscale bed and breakfast on the north side of Chicago. This establishment was developed over four years ago by some of the same individuals who are involved in the subject project. They report that its operations are similar in scope and quality to what is planned for the subject. Cat's Cradle –7421 Sheridan Road This restored Prairie style home in the Rogers Park neighborhood has five guest rooms as well as a third floor suite for the resident owner (consistent with what is planned for the subject property). This is a luxurious residence with very gracious common areas (both interior and exterior), state-of-the-art electronics, attractively fixtured baths and high-end room appointments. Viewed from the street or the sidewalk, there is no indication that this property is anything more than a private home. The resident owner provided me with the following information: Room rates are currently between $140 and $185 nightly, depending on the room. The average length of stay is three days. Guests are generally aged 40 and above. Most guests are either: (1) visiting family in the neighborhood, (2) visiting a student at Loyola, or (3) coming from abroad to see the Chicago area. She has had several requests to rent the entire home from families travelling to a local event or members of a wedding party. However, almost none of her business comes from events being held on site (such as weddings or receptions). About half of the guests do not arrive by car and rely on other means of transportation. As a result, they have no need for parking. This establishment serves only breakfast (as will the subject), after which most guests go out for the day and generally do not return until after dinner. All laundry is done on site by housekeeping staff that comes in for a few hours in the afternoon (as is expected for the subject). 597 of 994 LINBERGER & COMPANY, LLC 5 No surrounding property owner has ever complained regarding any aspect of this property's operations. Conclusions Based on the above information, I conclude that the subject bed and breakfast will have all the characteristics of an upper-bracket North Shore home rather than a business operation. In other words, its exterior functioning will be similar to any other home in this neighborhood since it will periodically have guests arriving and leaving and receive deliveries. POTENTIAL VALUE IMPACT OF A BED AND BREAKFAST ON SURROUNDING PROPERTIES In order to further evaluate the potential impact of the proposed subject development on the values of surrounding properties, I investigated other bed and breakfasts in the Chicago area. As described below, I identified one such establishment in Chicago's Gold Coast Historic District that presents a set of facts I consider particularly relevant to the subject. Bed and Breakfast - Flemish House - 68 East Cedar Street This three-story greystone residence constructed in 1896 is located just off Lake Shore Drive on a very exclusive street. It has eight guest accommodations and is indistinguishable from the surrounding homes. Similar to the subject neighborhood, this area includes several residences that were constructed over 100 years ago. This location commands premium prices due to its architectural charm, proximity to the lakefront and ease of access to the Michigan Avenue commercial district. Over the past six years, single-family homes on East Cedar that did not require extensive renovations have sold for $1.9 to $5.3 million. Comparable Sale - 66 East Cedar Street This vintage home is immediately next door to the bed and breakfast and is currently listed for sale at $3.6 million. It is under a contract that is scheduled to close in the next month. The listing broker reports that this property experienced an extended listing period due to the fact that it had been over-priced for a slumping real estate market. She doubts that any of the prospective buyers for this property were even aware of the bed and breakfast and specifically states “The bed and breakfast was never an issue and did not affect the value of this home.” Comparable Sale - 69 East Cedar Street In January 2007, this vintage greystone home located directly across the street from the bed and breakfast sold for $2.5 million, after being listed for $2.85 million. The selling broker reported that “… there was zero impact to the new buyers and the presence of the B&B did not impact the sale price of my listing in any way, nor was it ever even brought 598 of 994 LINBERGER & COMPANY, LLC 6 up to me by either the Seller or any of the people who came through my listing while it was up for sale.” Conclusion I believe that the comments of these brokers support my conclusion that a bed and breakfast located in a very upscale historic neighborhood will not negatively impact the value or marketability of the surrounding properties. POTENTIAL CUMULATIVE IMPACT OF MULTIPLE SPECIAL USES As previously noted, the subject bed and breakfast would be a special use under the Evanston zoning ordinance and there is another bed and breakfast under development about 200 feet to the north. This latter property is the only other special use in this neighborhood. In evaluating the potential cumulative effect of these special uses on the surrounding homes, I note the following: These properties will be under related ownership and have the same commitment to providing the highest quality lodging and service in a luxury residential setting; The price point for accommodations in these properties will limit their appeal to affluent travelers; Neither of these properties will serve any meal other than breakfast and there will be no bar service offered to guests; Neither of these properties will generate significant traffic or rely in any meaningful way on public parking in the surrounding area; and The intensity of use associated with these bed and breakfasts will not exceed what could be expected from a family large enough to reside in such spacious quarters. As another factor, I have investigated what cumulative impact other uses allowed in residential districts have on surrounding properties. Specifically, I have considered whether the presence of several churches within a small radius that also includes single- family homes has any discernible negative impact on the homes. While churches are not a special use per se, they are non-residential and generate significant vehicular and pedestrian traffic. In this regard, they could reasonably be seen as more potentially intrusive than a bed and breakfast. I have studied the general area of Lake Street and Greenwood Avenue between Oak and Maple Streets. Located here are three churches (1) St. Mary's Church at the southeast corner of Lake and Oak Streets, (2) Emmanuel Church at the northeast corner of Oak Street and Greenwood Avenue and (3) St. Paul's Church at the southwest corner of Maple Street and Greenwood Avenue. 599 of 994 LINBERGER & COMPANY, LLC 7 I identified the following nearby single-family homes that have sold over the past few years: 1005 Greenwood Avenue This home is on the north side of Greenwood directly across from St. Paul's and a short distance east of Immanuel. It is a seven room home that sold in October 2012 for $672,000. My analysis of sales involving homes similar in physical features as well as homes that commanded a similar price does not indicate any negative impact to this home due to the presence of surrounding churches. 1022 Greenwood Avenue This home is on the south side of Greenwood across from Immanuel and a short distance west of St. Paul's. It is a 13-room home that sold in January 2008 for $1,550,000. My analysis of sales involving homes similar in physical features as well as homes that commanded a similar price does not indicate any negative impact to this home due to the presence of surrounding churches. Conclusions Considering all of the forgoing, I conclude that the subject will not create any cumulative negative impact on surrounding properties when considered in conjunction with the other nearby bed and breakfast. SUMMARY OF FINDINGS I conclude that the proposed subject development will in no way adversely impact property values in its immediate neighborhood or in any other area of the city. I also conclude that it will have no cumulative negative impact when considered in conjunction with the other nearby bed and breakfast. I believe that the subject project will be consistent with the intent of Evanston's zoning ordinance, compatible with the surrounding land uses, non-intrusive in the nature of its operations, and without any appreciable impact on area roadways or public parking. Pease contact me with any questions. Sincerely, LINBERGER & COMPANY, LLC Mary M. Linberger, MAI 600 of 994 LINBERGER & COMPANY, LLC 8 CERTIFICATION I do hereby certify that, except as otherwise noted in this consulting report: I have personally inspected the subject property. I have no present or contemplated future interest in the real estate that is the subject of this consulting report. I have no personal interest or bias with respect to the subject matter of this consulting report or the parties involved. The amount of the fee is not contingent upon reporting a predetermined conclusion. To the best of my knowledge and belief the statements of fact contained in this consulting report, upon which the analysis, opinions, and conclusions expressed herein are based, are true and correct. I have not relied on any single item of information to the exclusion of other information and all data were analyzed within the framework of my judgment, knowledge, and experience. I have not withheld any pertinent information. This report sets forth all of the limiting conditions (imposed by the terms of the assignment or by me) affecting my analysis, opinions and conclusions. This consulting report has been made in conformity with and is subject to the requirements of the Code of Professional Ethics and Standards of Professional Conduct of the Appraisal Institute. No other person has prepared the analysis, conclusions, and opinions concerning real estate that are set forth in this consulting report. As of the date of this report, I have completed the requirements of the continuing education program of the Appraisal Institute and am certified by the state of Illinois. I will not be required to appear in Court or otherwise testify regarding this appraisal unless prior arrangements have been made. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. Mary M. Linberger, MAI 601 of 994 LINBERGER & COMPANY, LLC 9 CONTINGENT AND LIMITING CONDITIONS This Certification is expressly subject to the following stipulations: I obtained the information, estimates, and opinions contained in this report from sources considered reliable and believed to be true and correct; however, I can assume no responsibility for accuracy. I assume that the title for this property is marketable. I assume no responsibility for matters of a legal nature. I evaluated this property as though free and clear of any mortgage encumbrance. I assume that the subject property is free of contamination with any hazardous or toxic materials. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales or other media, without my prior written consent and approval, particularly as to valuation conclusions, my identity, the firm with which I am connected, any reference to the Appraisal Institute, or any reference to the MAI designation. 602 of 994 LINBERGER & COMPANY, LLC 10 STATEMENT OF QUALIFICATIONS MARY M. LINBERGER, MAI EDUCATION Ms. Linberger was an undergraduate at LeMoyne College in Syracuse, New York, and a graduate student at the University of Chicago. Her undergraduate and graduate majors were in political science. She holds the MAIdesignation from the Appraisal Institute and is a certified general appraiser in Illinois. She is a member of Lambda Alpha, a national land economics fraternity. EXPERIENCE Ms. Linberger has been engaged in providing real estate appraisal and consulting services for over 30 years. She was initially employed by the Marling Group, a Chicago -based firm that provided appraisal and consulting services to an institutional clientele on a national basis. In 1985 she formed her own firm. AREAS OF SPECIALIZATION Ms. Linberger specializes in litigation-related matters and has extensive testimony experience in various courts as well as before public bodies. Some of her assignments have included: Evaluating the impact of a proposed multi-story residential development on the values of surrounding low-rise properties; Evaluating the value impact on surrounding commercial properties of converting private parking lots in a suburban downtown to free, municipally operated parking; Evaluating the impact of a proposed pharmacy drive-through window on the values of surrounding residential properties; Valuing a golf course and surrounding development land being acquired by a public body; Estimating the value of the air rights over a municipally-owned parking garage; and Evaluating the value impact of a proposed public utilityeasement that would cross a prime development parcel. 603 of 994 LINBERGER & COMPANY, LLC 11 CLIENTS The following is a representative list of clients with whom she has worked Law Firms Baker & McKenzie David A. Axelrod & Associates Deutsch, Levy & Engel Dykema Figliulo & Silverman Harrison & Held Helm & Wagner Holland & Knight Neal & Leroy Sidley Austin Swanson, Martin & Bell Public Bodies Chicago Department of Aviation Chicago Public Building Commission Chicago Public Schools Chicago Transit Authority Illinois Department of Transportation Metropolitan Pier & Exposition Authority University of Illinois Municipalities City of Berwyn City of Chicago City of Elmhurst Village of Oak Park City of West Chicago Private Companies Arthur. Rogers & Company Centrum Properties Draper & Kramer Fidelity National Financial Gladstone Homes Optima Smithfield Properties Financial Institutions Bank of America 604 of 994 Proposed Site PlanREARSTAIRMAIN STAIRHALLENTRYPWDRCLPARLORDININGROOMBUTLER'SPANTRYKITCHENFAMILYROOMSALONSUNROOM20'-2 "9'-3"MUDPOWDERCLOBENCH/CUBBIESUPDNLine of existing coach house26'-3 1/2"62'-5 1/4"68'-2"30'-5 "29'-9" 12'-2"7'-11"6'-4"New elevatorNew rampNew sunkengarden/basementNew terraceNew CoachHouse27'-2"Apron3'66'-0 11/16"9'-4 1/2"35'-6 3/16"605 of 994 B A S E M E N T P L A N1 6 2 2 F O R E S T M A I N H O U S E606 of 994 F I R S T F L O O R P L A N1 6 2 2 F O R E S T M A I N H O U S E607 of 994 S E C O N D F L O O R P L A N1 6 2 2 F O R E S T M A I N H O U S E608 of 994 T H I R D F L O O R P L A N1 6 2 2 F O R E S T M A I N H O U S E609 of 994 E x i s t i n g E a s t E l e v a t i o n P r o p o s e d E a s t E l e v a t i o n 610 of 994 E x i s t i n g N o r t h E l e v a t i o n P r o p o s e d N o r t h E l e v a t i o n 611 of 994 E x i s t i n g W e s t E l e v a t i o n P r o p o s e d W e s t E l e v a t i o n 612 of 994 E x i s t i n g S o u t h E l e v a t i o n P r o p o s e d S o u t h E l e v a t i o n 613 of 994 Line of existing coach house26'-3 1/2"62'-5 1/4"68'-2"New Coach House 27'-2"ApronApron88'-2 "3'APRON66'-0 11/16"A R C H I T E C T S1 7 1 8 S h e r m a n A v e n u e E v a n s t o n , I l l i n o i s 6 0 2 0 1 P A U L J A N I C K IMARCH 20, 2013614 of 994 B E D R O O MM A S T E RB E D R O O MC L O.C L O.L A U N D R YK I T C H E ND I N I N G / L I V I N GA R C H I T E C T S1 7 1 8 S h e r m a n A v e n u e E v a n s t o n , I l l i n o i s 6 0 2 0 1 P A U L J A N I C K IMARCH 20, 2013615 of 994 N O R T H E L E V A T I O NW E S T E L E V A T I O N1 6 2 2 F O R E S T C O A C H H O U S EP A U L J A N I C K IA R C H I T E C T SA R C H I T E C T S1 7 1 8 S h e r m a n A v e n u e E v a n s t o n , I l l i n o i s 6 0 2 0 1 P A U L J A N I C K IMARCH 20, 2013616 of 994 S O U T H E L E V A T I O NE A S T E L E V A T I O N1 6 2 2 F O R E S T C O A C H H O U S EP A U L J A N I C K IA R C H I T E C T SA R C H I T E C T S1 7 1 8 S h e r m a n A v e n u e E v a n s t o n , I l l i n o i s 6 0 2 0 1 P A U L J A N I C K IMARCH 20, 2013617 of 994 618 of 994 619 of 994 620 of 994 621 of 994 622 of 994 623 of 994 624 of 994 625 of 994 626 of 994 627 of 994 APPROVED  Page 1 of 9  Preservation Commission  MEETING MINUTES  PRESERVATION COMMISSION  Tuesday, October 16, 2012  7:00 p.m.  Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2200  Members Present:  Kristen Armstrong­Matz, Suzanne Farrand, Thomas Hagensick,  Kris Hartzell, Dian Keehan, Anne McGuire, Garry Shumaker, Scott  Utter, and Jack Weiss  Members Absent:  Andres Lombana, and Amy Riseborough  Staff Present:  Carlos Ruiz  Presiding Member:  Garry Shumaker, Chair  1. Declaration of Quorum  With a quorum present, Chairman Shumaker called the meeting to order at 7:11 p.m.  2. APPROVAL OF MEETING MINUTES of March 20, May 15, August 21, and  September 18, 2012  3. COMMITTEE REPORTS  A.  Survey Sub­Committee ­ Phase II Update  4. STAFF REPORTS  A.  Discussion on the Secretary of the Interior’s Standards for Rehabilitation &  Illustrated Guidelines on Sustainability for Rehabilitating Historic Buildings  This item was discussed later in the meeting, at which time Carlos Ruiz said he had  set up a meeting with Patrice Frey, Director for Sustainability with the National Trust  for Historic Preservation on October 19, which was tentatively rescheduled to  October 26, 2012.  G. Shumaker asked that Catherine Hurley, Sustainability  Coordinator be invited to the meeting.  Anne McGuire, Kris Hartzell and Scott Utter  requested to be part of the meeting as well.  G. Shumaker suggested completing the case study for window restoration prepared  by Matt Marchione. 628 of 994 APPROVED  Page 2 of 9  Preservation Commission  5. UNFINISHED BUSINESS  A.  1400 Wesley Avenue (L) – Existing installed vinyl windows be replaced with Marvin  wood replacement windows, with the simulated divided light pattern as shown on the  elevations.  Also, replace the existing original wood window on the north elevation  2nd floor with a Marvin replacement window as well.  In addition to this, the  submitted drawings show the original stairs to the second floor porch as they existed  in 1977 [Alteration].  This application was removed from the agenda to conduct administrative review and  approval.  B.  1841 Sheridan Road (Landmark lot of record) – New Northwestern University Visitor  Center plus 435 space parking garage [Construction]  On October 16, 2012 Bonnie Humphrey, Director of Design of Construction of  Northwestern University presented to the Preservation Commission illustrations of  various buildings on campus with their respective heights and exterior materials.  They also displayed an elevation drawing looking east showing buildings along  Sheridan Road from Lincoln Street at the north end to Sheridan Road at the south  end of campus.  Also, an elevation drawing looking north showing buildings along  Sheridan Road, and including Fisk Hall and the Visitor Center and parking garage.  From the University’s perspective the proposed new building is visually related to all  these buildings because they are part of the landmark lot of record.  Bonnie Humphrey described the development of the campus over time citing  landmark buildings such as Harris Hall, University Hall and Fisk Hall and the  architects that were involved developing the campus: James Gamble Rogers,  Holabird & Root, Walter Netsch of Skidmore, Owings & Merrill, Loebl, Schlossman,  Dart & Hackl.  Also, Northwestern University cited recent buildings such as the new  Ford Motor Company Engineering Design Center, the Block Museum, and the Music  & Communications building currently under construction.  At the end of the presentation Bonnie Humphrey said: “In conclusion, the  Northwestern University campus is an ensemble of buildings created throughout the  160 year history to reflect the age in which they were created.”  Northwestern University also responded to comments from citizens opposed to the  construction of the Visitor Center and parking garage. In all cases Northwestern  University disagreed with the citizens’ unfavorable comments.  Then Bonnie Humphrey cited all 17 standards for review of construction: 1. Height;  2. Proportion of front façade; 3. Proportion of openings; 4. Rhythm of solids to voids 629 of 994 APPROVED  Page 3 of 9  Preservation Commission  in front facades; 5. Rhythm of spacing and structures on streets; 6. Rhythm of  entrance porches, storefront recesses and other projections; 7. Relationship of  materials and texture; 8. Roof shapes; 9. Walls of continuity; 10. Scale of a structure;  11. Directional expression of front elevation; 12. Original qualities; 13.  Archaeological resources (not applicable); 14 Contemporary design; 15. New  additions (project not an addition); 16. New construction; and 17. Signs (no signs at  this time).  A response followed each standard concluding that the Visitor Center and  parking garage met the respective standard for a Certificate of Appropriateness as  applicable (see attachment).  In closing Bonnie Humphrey said; “We firmly believe that the Visitor’s Center project  as proposed to the Preservation Commission satisfies all of the standards for a  Certificate of Appropriateness, and is consistent with the fabric of the campus, and  existing relationships between landmarked buildings and other buildings.”  Citizens Comments:  Paul Janicki, architect disagreed with the University’s position that the Visitor Center  and parking garage is visually related to the entire landmark lot of record.  He said  that the new structure is visually related to Fisk Hall.  He also believes that the  proposed building does not meet standards for review of construction.  Judy Pollock of the Audubon Chicago Region said there will be a loss for birds with  the loss of woods, one of the last few contiguous places of woodland on the lake  front.  In that native dune vegetation, there is one endangered plant and one  threatened plant.  However, she appreciated Northwestern University’s effort to  make the building bird friendly and for finding places to put substitute habitat.  Preservation Commission’s Findings:  Commissioner Kris Hartzell respectfully disagreed with Northwestern University’s  interpretation of what is visually related to the Visitor Center and parking garage  (campus wide as opposed to what is there).  In regard to the vegetation, there are no  weeds, but they are indigenous plants to this region.  The garage will be used for  evening events and light from the fixtures will be visible.  The Visitor Center and  parking garage blocks visually because it is south of Fisk Hall and east of Sheridan  Road.  Being visually compatible to some of the other buildings, but the Ordinance  includes public ways, sites and places in addition to structures, and that puts the  building in a public way, on a very important site and place.  She disagreed that the  site is not historic.  The beach is a very historic part of the character of Evanston.  K. Hartzell said the Commission is not making any requirements as to the particular  design of the structure.  Her objection was the location, the nature and use of the 630 of 994 APPROVED  Page 4 of 9  Preservation Commission  building, and not the design of it.  She concluded that the building is not compatible  to the site, public way, and place.  Commissioner Dian Keehan said the junction of the City of Evanston, Northwestern  University and Lake Michigan, is a precious spot in the City of Evanston.  What  bothered her was that the open parking garage area is going to be seen from what it  is the public way, being the lake front, the beach.  She said the Sasaki Plan called  for 60 ft. high academic corner which wrapped a parking garage.  She wondered  what happen to that plan.  Bonnie Humphrey said the Sasaki framework plan  identifies areas for growth of the campus in which open space is preserved; a  balance of open space and buildings.  They worked hard to make the building not  look like a garage.  Commissioner Jack Weiss was concerned about the scale of the building, the lack of  setback and the way it presents itself to the Evanston Community.  He suggested as  before moving the structure to the north.  He said, “I understand that you want to  move parking to the edges of campus for a more pedestrian friendly campus.  That  would create a balance between green space and buildings”.  Commissioner Gary Shumaker said the fire lane on the Evanston public property  which takes beach, and takes from bird habitats and landscaping, it is an issue  because that is Lakeshore Historic District and under the purview of the  Commission.  Because the Visitor Center is not within a historic district it being  evaluated based on the visual context to which it is immediately adjacent or visually  adjacent which includes Fisk Hall and to some degree includes a number of the  modern structures.  Garry Shumaker noted that the Commission had stated that they agreed with the  pallet chosen for the building; the colors, the glass, the fritted glass, the limestone.  The Commission is not asking to replicate a historic building or put a red brick  building next to Fisk Hall.  However, the rhythm of the façade, the proportion of glass  to stone immediately adjacent to Fisk Hall are valid question.  The proposed building  is predominantly glass on the façade; Fisk Hall is not, thus not compatible.  He also  took issue with the scale of the building, which it is at least 2 stories to the top of the  equipment penthouse above the cornice or eave line of Fisk Hall to which it is  immediately adjacent.  The top parapet of the parking deck, which is the seventh  level is still significantly higher to the building to which is immediately adjacent to  (Fisk Hall).  The Commission had discussed previously as issues of concern were the height and  the location of the building, relative to the sidewalk and the street wall.  This building  it does not align with the other buildings, it clearly is pulled forward.  The 631 of 994 APPROVED  Page 5 of 9  Preservation Commission  Commission suggested shortening and pulling back the building.  The Commission  would have supported a zoning variance to lower and shorten the building.  The Commission considered standards for review of construction 1­14 and 16 as  applicable.  It was motioned (S. Farrand) and seconded (K. Hartzell) to deny the  Certificate of Appropriateness for the construction of the Visitor Center and parking  garage as the application does not meet standards for review of construction 1­14.  The motion passed.  Vote: 7 ayes, 2 abstentions.  6. NEW BUSINESS  A.  725 Noyes Street (NEHD) ­ Build storage shed addition on the east side yard and  landscape backyard.  Requires minor zoning variance for building lot coverage from  33.6% to 35.8%.  Maximum allowed building lot coverage is 30%  [Construction/Zoning Variance].  Dan Abraham, owner, presented the proposed shed addition for storage on the east  side of the house, which requires a minor zoning variation for lot coverage from  33.6% to 35.8%.  The exterior finish is siding to match that of the house.  S. Utter noted he would prefer the storage shed be located in the back of the house.  The Commission discussed the cladding and fenestration of the proposed shed and  how the roof of the shed touches the window(s) above it.  It was motioned (J. Weiss) and seconded (T. Hagensick) to approve the COA for  alteration at 725 Noyes in that standards for review of alteration 1­5 and 8­10 apply  subject to the submittal and approval of elevation details of the finishes for the shed.  The motion passed.  Vote: 9 ayes, 0 nays.  It was motioned (D. Keehan) and seconded (J. Weiss) to recommend a minor  zoning variance to exceed the maximum lot coverage of 30% in that it meets  standards for variation A and C.  The motion passed.  Vote: 9 ayes, 0 nays.  B.  724 Michigan Avenue (LSHD) ­ Remove the existing covered back porch (rear  west side) and replace with new covered 3 season porch (approximately 13’ x 18’).  The proposed porch would be approximately 64 square feet larger than the existing  [Construction/Demolition].  Mike Venechuk, architect, presented the proposed the removal of the existing rear  porch with a flat roof and replace it with a new porch with a pitched roof and  matching the details of the front porch (newel post, tongue and groove floor, wood  screens and moldings).  Also, remove the aluminum siding on two exterior walls of  the house and replace with 4” painted wood siding.  The aluminum clad windows will  be replaced to math the existing. 632 of 994 APPROVED  Page 6 of 9  Preservation Commission  It was motioned (A. McGuire) and seconded (Kris Hartzell) to approve COA for  construction for the new rear porch at 724 Michigan in those standards for review of  construction 1, 3, 7, 8, 10, and 12­15 apply and have been met.  The motion  passed.  Vote: 9 ayes, 0 nays.  It was motioned (Anne McGuire) and seconded (Kris Hartzell) to approve the COA  for the demolition of the existing rear porch at 724 Michigan in that standards of  demolition 1­5 apply and have been met.  The motion passed.  Vote: 9 ayes, 0  nays.  C.  1026 Forest Avenue (LSHD) – Remove existing aluminum and wood siding.  Replace existing 3” exposure with 4” exposure hardie board siding.  Match existing  wood siding details with hardie trim details.  New corner boards, band board, casing,  frieze and crown.  Remove existing single pane wood windows and aluminum  storms.  Replace 17 double hung windows “wood” with “Marvin” aluminum clad  wood replacement insert units.  Replace 5 existing windows with “Marvin” full  replacements.  Match existing details as similar as possible [Alteration].  Judy and Mark Kemp, owners and Mark Anderson, contractor, presented the  proposed exterior alterations as described above.  J. Kemp said the reasons for the  proposed work are: aesthetics, energy efficiency and easy maintenance.  M.  Anderson said they will replace the existing aluminum siding with hardi board and  the windows with Marvin aluminum clad windows.  Also, the project calls for 4”  corner boards, 4” widow and door casings, 8” trim board around the bottom and an  8” or 12” freeze board, and bringing back the gable ends.  Also retain the southeast  dormer column detail, and front door detail.  Mark Anderson said they will replace 22 windows out of 43 existing windows with  aluminum clad Marvin windows (17 Marvin double windows).  The Commission asked the applicants to pick a window pattern and show them on  revised elevations for each façade, noting that Prairie style windows may not be  appropriate for a Colonial Revival retrofit, and look at each trim condition as well.  The Commission does not generally agree with insert windows, but given the trim  conditions on the inside and the randomness of the windows, insert windows makes  sense.  In this instance consistency seems relevant.  It was motioned (J. Weiss) and seconded (D. Keehan) to table the application until  the November meeting.  The motion passed.  Vote: 9 ayes, 0 nays.  D.  508 Lee Street #1E (L) – Replace 2 existing non­original double hung wood  windows with 2 new double hung Andersen wood windows [Alteration]. 633 of 994 APPROVED  Page 7 of 9  Preservation Commission  The applicant was not present at the meeting.  E.  2103 Orrington Avenue (NEHD) ­ Demolish existing 3­car garage and construct a  new 2­car garage and parking pad adjacent to it.  [Construction/Demolition].  Niko Matouschek, owner, presented the proposed demolition of the existing non­  original 2­car garage and the construction of a new 2­car garage and parking pad.  The existing garage is not structurally sound.  The new 2­car garage matches the  gable roof of the house and the siding exposure is 3” L. P. Smartside; matching the  exposure of that on the house and matching the trim of windows and doors.  The  new garage has aluminum corner boards.  The Commission recommended the following optional revisions for the new garage:  3” profile siding; window to eave board; eliminate corner boards and provide  mitered corners, and roof shingles to match that of house in color and texture.  It was motioned (T. Hagensick) and seconded (S. Utter) to approve the COA for  the construction of the new 2­car garage at 2103 Orrington in that standards of  construction 1, 2, 5, 7, 8, 10, 12, 15 and 16 are applicable and have been met.  The  motion passed.  Vote: 9 ayes, 0 nays.  It was motioned (S. Utter) and seconded (D. Keehan) to approve the COA for  demolition of the existing garage at 2103 Orrington in that standards of demolition  1­5 are applicable and have been met.  The motion passed.  Vote: 9 ayes, 0 nays.  F.  1229 Judson Avenue (LSHD) ­ Remove existing enclosed rear porch.  Remove the  existing 2nd floor roof deck over enclosed porch.  Construct one­story addition,  covered wood porch and stair.  Construct 2­story addition and replace double hung  wood window on east rear elevation and double hung wood window on south side  elevation with wood aluminum clad windows SDL.  Install new wood door and wood  storm screen.  Requires minor zoning variance for the north side yard setback.  Required setback = 5’; proposed setback = 3.34’  [Alteration/Construction/Demolition/Zoning Variance].  Ben & Carolyn Myszkowski, owners and David Roberts, architect presented the  proposed removal of the existing enclosed rear porch and the construction of a 1­  story addition with a covered porch and stair, and the construction of a 2­story  addition on the east elevation; replace 1 double hung bedroom window on the east  rear elevation, and 1 double hung bedroom window on the south side elevation.  The project requires a minor zoning variance for the proposed 3.34’ setback on the  north side yard; required setback = 5’.  It was motioned (K. Armstrong­Matz) and seconded (K. Hartzell) to approve the  COA for the construction of the 1­story and 2­story additions at 1229 Judson as 634 of 994 APPROVED  Page 8 of 9  Preservation Commission  standards of construction 1, 3, 7, 8, 10, 12, and 13­15 are applicable and have  been met.  The motion passed.  Vote: 9 ayes, 0 nays.  It was motioned (K. Armstrong­Matz) and seconded (S. Farrand) to approve the  COA for the demolition of the rear porch at 1229 Judson in that standard of  demolition 1­5 apply and have been met.  The motion passed.  Vote: 9 ayes, 0  nays.  It was motioned (K. Armstrong­Matz) and seconded (K. Hartzell) to recommend  approval of the proposed side yard setback of 3.34’ for the proposed additions at  1229 Judson, as standards of special use and variations A and C are applicable  and have been met.  The motion passed.  Vote: 9 ayes, 0 nays.  G. 1622 Forest Place (L/LSHD) ­ New elevator bay on north elevation, new accessible  ramp and modification of balustrade on east elevation, removal of 2 dormer  windows, removal of 1960s addition on west elevation, new pilasters and removal of  stair on west elevation, new terrace on southwest corner, new land depression and  basement window and doors on south elevation, new doors and windows on west  and north elevation, removal of windows on north elevation, six­car new coach  house in place of existing coach house on alley, addition of wood trim on second  story of house.  Paul Janicki, architect with Chris Perry, structural engineer, presented the proposed  addition of an elevator bay on the north elevation, the construction of an accessible  walk; a new southwest corner terrace; new landscape depression, new basement  window and doors on south elevation, new doors and windows on the west and  north elevations, and. the removal of windows on the north elevation.  P. Janicki also  proposed the construction of a new 6­car garage/coach house with a porte­cochere,  and the demolition of the existing 3­car garage/coach house.  Chris Perry said the existing garage foundation is deteriorated, and the haphazard  framing is undersized.  K. Armstrong­Matz was concerned with the proposed  demolition of the existing garage/coach house; she questioned if the existing  garage/coach house was beyond repair.  The Commission took a straw poll for the demolition of the garage/coach house.  Straw poll: 2 ayes, 7 nays.  The Commission indicated that more research needs to  be done by Commission members.  If the Commission finds out that the  garage/coach house is historic and worth saving, the Commission would probably  ask the architect to come up with a scheme that would salvage the garage/coach  house and modify it in some way.  It was motioned (S. Utter) and seconded (D. Keehan) to issue a COA for  alterations of the main house at 1622 Forest Place, provided that the west dormers  are made symmetrical to include two French doors on the basis that standards of  alteration 1­10 have been met.  The motion passed.  Vote: 9 ayes, 0 nays. 635 of 994 APPROVED  Page 9 of 9  Preservation Commission  7. COMMUNICATIONS  A.  Memo from Michele Masoncup, Assistant City Attorney II regarding Mandatory Open  Meetings Act Training  Commissioners agreed to take and submit to Carlos Ruiz the Mandatory Open  Meetings Act Training by December 31, 2012.  B.  Email from Lisa DiChiera of Landmarks Illinois asking municipalities and  preservation commissions support of the Chicago Landmarks Ordinance which in  being challenged in Hanna v. City of Chicago  I was motioned (A. McGuire) and seconded (K. Hartzell) that the Commission  supports this request and recommends City Council consider supporting the request  as well.  The motion passed.  Vote: 9 ayes, 0 nays.  8. ADJOURNMENT  It was motioned and seconded to adjourn the meeting. A voice vote was taken and  the motion was approved at 11:20. p.m., October 16, 2012.  Respectfully Submitted,  Carlos D. Ruiz  Senior Planner/Preservation Coordinator, Community and Economic Development,  Planning and Zoning Division 636 of 994 APPROVED  Page 1 of 7  Preservation Commission  MEETING MINUTES  EVANSTON PRESERVATION COMMISSION  Tuesday, November 20, 2012  7:00 P.M.  Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2200  Members Present:  Susan Farrand, Tom Hagensick, Dian Keehan, Amy Riseborough,  Garry Shumaker, Scott Utter and Jack Weiss,  Members Absent:  Kristen Armstrong­Matz, Kris Hartzell, Andres Lombana and Anne  McGuire  Staff Present:  Carlos D. Ruiz  Presiding:  Garry Shumaker  Declaration of Quorum  With a quorum present, Chairman G. Shumaker called the meeting to order at 7:12 pm  APPROVAL OF MEETING MINUTES of March 20, May 15, August 21, September  18, and October 16, 2012.  This item was discussed later in the meeting, at which time the following was approved:  August 21, 2012 Minutes ­ Correct Scott Utter last name and page 6 of 8 G. Shumaker  It was moved (S. Farrand) and seconded (A. Riseborough) to accept the August 21,  2012 minutes as corrected. The motion passed.  Vote: 7 ayes, 0 nays.  Jack Weiss revised the sentence as follows: I understand that you want to move parking  to the edge of the campus for a more pedestrian friendly campus. That will create a  balance between green space and buildings.”  It was motioned (S. Farrand) and seconded (A. Riseborough) to approve the October  16, 2012 minutes as amended.  The motion passed.  Vote: 7 ayes, 0 nays.  COMMITTEE REPORTS  A.  Survey Sub­Committee ­ Phase II Grant Update  Carlos Ruiz said the Illinois Historic Preservation Agency approved the survey’s final  report (Lakeshore Historic District).  He also requested the maximum amount of the  reimbursement (total cost of project $21,000). 637 of 994 APPROVED  Page 2 of 7  Preservation Commission  Next Sub­Committee meeting will be scheduled in January 2013.  Garry Shumaker left messages to Mark Varner, when the survey should be on line up  and running.  The Sub­Committee will discuss the next grant cycle.  STAFF REPORTS  A.  Update on meeting with Patrice Frey, Director of Sustainability, National Trust for  Historic Preservation  This item was discussed later in the meeting, at which time Carlos Ruiz reported that  Garry Shumaker, Anne McGuire and he met with Patrice Frey, Director for  Sustainability at the National Trust.  The National Trust is working with many  communities to address sustainability from the preservation point of view.  Carlos Ruiz said they talked about window replacement. P. Frey is in support of  window restoration.  They talked about solar panels, insulating homes (walls and  roofs).  He said the City has a full time sustainability coordinator.  Garry Shumaker  would like to have information on line such as literature about sustainability. P. Frey  said she could provide a fact sheet that lists numerically how to make your historic site  more efficient.  G. Shumaker said an applicant should see first the check the list when  seeking information on line.  He noted that the Commission purview is not the  mechanics of sustainability of buildings.  However, the Commission’s contribution  should be putting this information out for home owners in laymen terms.  The Commission discussed the City’s periodic mailings where the Commission could  contribute information such as the window seminar and about sustainability.  Other  ways to reach an audience would be giving a summary of the window seminar, or give  information about how one can be sustainable from the preservation perspective.  Garry Shumaker said other people from the City including Catherine Hurley, Dean  Mosca, Martin Travis should be involved.  Dian Keehan said a completed zoning analysis would be helpful to have particularly in  important projects.  G. Shumaker said Patrice Frey is on board with the preservation  issues and with what the Commission is doing about them.  2013 Preservation Commission Officers:  Carlos Ruiz said a slate of officers should be placed on the agenda for the December  2012 meeting.  G. Shumaker informed that Kristen Armstrong has resigned from the  Commission and she asked to be considered for appointment as Associate member.  Also, Andres Lombana may resign from the Commission.  Sustainability Issues: 638 of 994 APPROVED  Page 3 of 7  Preservation Commission  The Commission discussed topics for a preservation symposium in 2013.  Commissioners agreed on including sustainability for the symposium.  Also invite Carla  Bruni and Julie Liska.  Scott Utter mentioned a person who can talk about air leakage in  buildings.  Bill Rose at University of Illinois may be another resource.  UNFINISHED BUSINESS  A.  1026 Forest Avenue (LSHD) – Remove existing aluminum and wood siding.  Replace existing 3” exposure with 4” exposure hardie board siding.  Match existing  wood siding details with hardie trim details.  New corner boards, band board, casing,  frieze and crown.  Remove existing single pane wood windows and aluminum  storms.  Replace 17 double hung windows “wood” with “Marvin” aluminum clad  wood replacement insert units.  Replace 5 existing windows with “Marvin” full  replacements.  Match existing details as similar as possible.  (Revisions: Review existing siding and trim and window mullion details. Compare  with new material details. Replace existing 1x8” band boards with 5/4x8 hardie trim.  Replace existing 1x8 fascia and crown with 5/4x8 and azek crown.  Replace existing  “east” gable siding with hardie board siding. Replace existing “north, west and south”  gables siding with staggered edge hardie shake siding.  Restore existing trim details.  New crown and cap detail on east elevation windows  only. 5/4x4.5” casing with 2x sill on all other windows.  Six light mullion detail on the  east elevation windows.  No mullions in all other windows).  Mark Anderson, contractor and owners presented the revised plans. M. Anderson  said based on the Commission’s comments at the last meeting, they made the  following revisions:  Head board siding 4’ vs. 3” exposure, saving the gable band around the house, the  front of the house is somewhat Colonial, the other three sides of the house are more  Queen Anne.  On the front elevation they are saving the front door and all the trim  around the front door and the gable band that goes around the house.  They will use  corner boards around the house.  The existing windows have 5” casing, they are  using 5 1/4” x 4 ½” wide.  The casing detail will be used around the house.  The  gable band on the front elevation is 18” to 20” high and each square is 5 1/4” square.  The north elevation gable detail will remain; it is 16” tall made out several pieces.  The soffit boards on the side (1x6 butt joint) will be replaced with hardie board.  On  the south corner of the elevation, there is a dormer with column details on the  dormer. The bay on the south side will be restored.  The west side and south side  gables have a flat band 5 1/4/ x 12 to be replaced in kind.  They wanted to save the  details on the house including: the cantilever, the front door, the front door trim, the  gable bands, on the south side the bay newel details.  Garry Shumaker thanked M. Anderson for the well thought out presentation. 639 of 994 APPROVED  Page 4 of 7  Preservation Commission  It was moved (J, Weiss) and seconded (D. Keehan) to approve the COA for  alteration at 1026 Forest because standards for review of alteration 1­7, 9 and 10  apply and have been met.  The motion passed.  Vote: 7 ayes, 0 nays.  B.  1622 Forest Place (L/LSHD) – Demolition of existing coach house.  Construction of  a new six­car coach house in place of existing coach house on alley  Paul Janicki, architect presented the project. P. Janicki said their intent is to  demolish the carriage house and replace it with a new structure with about the same  footprint and mass, but in a style that is consistent with the Mayo and Mayo design.  The carriage house was not redesigned by Mayo and Mayo.  P. Janicki said there  are no original carriage house doors or man doors. On the west elevation: the  dormers have been filled in with siding and casement windows were put in place.  On the north side there are openings for AC, windows are boarded up, doors and  windows are not original.  He said there are not enough historic features to save.  Chris Perry and Bill Demode, structural engineers, said the carriage house has  structural issues including: south end of the building, entire room was fired damage,  studs were damaged, and fire damage was painted over. Rafter tails are beginning  to rot and need to be replaced.  All around the building has problems where siding  comes down to grade and is rot. In some locations there was a masonry curb, the  joints in the masonry have been flashed out.  At an area over a gable is out of  plumb.  List of structural repairs: new wall siding and cladding, replace studs, new deeper  roof rafters for fire requirements, new floor frame and joists, providing a new framing  system, a new curb, new rafter tails, steel beams bearing on wood columns, some of  these columns are splitting.  Paul Janicki said there will be no change in the use of the building; second floor will  still be a dwelling.  The project is compliant with zoning.  Regarding special use,  Paul Janicki said they may or may not apply for special use.  He said that is not part  of this application.  Dian Keehan asked if they dropped the scale of the structure from 2 ½ to 1­1/2  stories.  S. Farrand felt very strongly that the structure should be saved; it is  contributing to historic district and the alley as well.  She was not convinced that the  only solution was to tear it down.  Janicki this is an opportunity to transform the  carriage house to match the style of the house.  There is a historic precedent  especially with Mayo and Mayo.  None of the carriage house doors are original.  Anne Earle and Mary McWilliams said that it was not unusual in Evanston that barns  were not remodeled in the same style of the house.  Garry Shumaker said the structure does not have enough left to justify its  preservation; especially when the Mayo and Mayo remodel is being celebrated.  S. 640 of 994 APPROVED  Page 5 of 7  Preservation Commission  Farrand said that from the alley it fits in that context. Scott Utter was concerned with  the protection of low style vernacular architecture and its diminishing quantity within  the City.  He would like to see it repaired and brought back to what it was.  D.  Keehan was concerned with the scale of the new structure.  P. Janicki said the  height of the new structure is probably 2’ higher than the existing carriage house.  Dian Keehan asked about the length being 90’ the existing is 62’.  P. Janicki said the  porte cochere adds up to the 90’.  The Commission held the decision on demolition to do more research on the  structure.  Garry Shumaker suggested pulling down the height of the structure to reduce the  scale. S. Farrand said on the alley on the west side there are garages smaller than  the proposed structures. On the other hand, east of the alley, the structures are  similar in scale to the proposed carriage house.  G, Shumaker suggested eliminating  the porte cochere.  P. Janicki said the garage to the north is similar in scale to the  existing garage; the proposed structure would be taller.  Carlos Ruiz said the design of a new structure should be approved before the  Commission decides on the demolition.  C. Ruiz said the Commission will have to  review the project for the special use.  P. Janicki agreed to send revised plans to  staff or Garry Shumaker for comments.  It was moved (J. Weis) and seconded (T. Hagensick) to table the item.  The motion  passed.  Vote: 7 ayes, 0 nays.  NEW BUSINESS  A.  1140 Hinman Avenue (LSHD) – Replacement of seven double hung wood windows  with new double hung Fibrex windows.  Jim McNamara, contractor, presented the project.  J. McNamara said he would like  to replace 7 windows, 3 windows east and 4 facing south.  All windows are on the  second floor.  The windows are being done in a color consistent with the woodwork  on the home, pine interior to be painted. All the material on the exterior will remain  intact and will not be covered with any material.  The windows weights pockets will  be removed and filled with insulation.  Jim McNamara said the existing check rail heights are 1 ¾, 2 1/32” The existing  sash style width is 2” similar to the new windows.  Visible glass slight loss is from 29”  to 28 ¼”.  Scott Utter said the frame is included representing a 20 % loss of visual light. J.  McNamara said the existing glass area is19 ½” vs. 17 9/16.  The actual loss of visual  light loss was approximately 12%. 641 of 994 APPROVED  Page 6 of 7  Preservation Commission  Garry Shumaker asked if the rest of the windows will remain.  J. McNamara said the  front windows are original on the porch bay area.  The top third floor windows are  original.  The small double hung windows with leaded glass are also original.  Garry Shumaker said that the proposed windows for replacement seemed to be  reasonably repairable.  Jim (no last name) of Andersen Windows said the owner  wants to closely replicate the windows that have been already replaced on two  bedrooms on the second floor south side of the home and have more energy  efficiency.  One of the replaced windows is Andersen.  Three windows on the south  side were done 10 years ago (not Andersen windows).  The brick molds on the  exterior and other wood work has remained intact.  Garry Shumaker said based on the information and details shown, he could not  imagine approving the replacement of windows on the front bay.  Loosing between  10% to 14% of glass light and changing the profile and the shadow line of the  windows would be a mistake.  He rather have insulated storm windows.  T.  Hagensick said he would like to know more about the windows on the east elevation;  they do not appear to be too far gone.  Garry Shumaker said the Commission’s purview does not extent to the affordability  or cost implication.  The owners should investigate restoration of the windows; they  do not appear to be beyond service.  In the past the Commission has approved  windows on secondary and rear façades with the Renewal product.  He said on  principal and primary facades, specially on landmark buildings, mixing and matching  windows is not in the best of the purview of the Commission is.  Three windows on  the rear porch are Renewal.  Need to understand what the rest of windows are.  Garry Shumaker said he would like to see more information that the windows are not  serviceable, especially on the front elevation.  If the motivation is energy efficiency  only, he is not inclined to consider replacement.  The applicants agreed to resubmit the proposal.  B.  604 Judson Avenue (LSHD) Interior remodel and addition to existing 2­story +  basement single family residence including new roofed porch at east side, 2­story +  basement addition to the south side, 1­story addition to north side, window  replacement and roof re­configuration at east side.  Chris Bremer, architect presented the project.  C. Bremer said they are proposing  alterations to the front east elevation by removing the center peak roof and  constructing a gable across the second floor of the east elevation of the house.  Also  change the windows on the existing enclosed porch and constructing an open front  porch.  There is a one story addition on the north elevation and a two story addition  on the south elevation. 642 of 994 APPROVED  Page 7 of 7  Preservation Commission  Commissioners expressed concern with the proposed front elevation where a gable  roof is being added.  Also they pointed out that the roof lines are not yet worked out.  S. Utter said on the west elevation the one­story gable with a chimney is not  correctly drawn.  The roof should be a hip on the east. The Commission pointed out  that there were errors on the elevation drawings.  Garry Shumaker said even though there are many alterations to the house, the  applicants should look at the alignment of windows, carefully look at what the  elevations and what the rhythm of the structure is.  He suggested building a small  model of the structure to show it will come together.  He also said it will be useful to  see a second floor plan.  J. Weiss said the proposed revisions on these elevations are significant changes to  the house.  Mary McWilliams said the house is a contributing structure for age; it is a  Gothic cottage (vernacular) if the front elevation peak roof line is removed, and the  history of the house is being removed.  Don Ruther of 535 Judson said the little gable over the front door is not quite  relevant to the rest of the house.  The roof pitch of the proposed gable is not quite  appropriate and looks more suburban.  He suggested about the existing porch to at  least make some logic of the little window above, the three windows on the second  floor don’t seem to relate anything very clearly, and the roof along the side either.  Chris Bremer agreed to withdraw the application until next meeting.  COMMUNICATIONS  No Communications.  ADJOURNMENT  I was motioned (J. Weiss) and seconded (A. Riseborough) to adjourn the meeting at  9:40 p.m. on November 20, 2012.  The motion passed.  Vote: 7 ayes, 0 nays.  Respectfully submitted,  Carlos D. Ruiz  Preservation Coordinator, Community and Economic Development Department/  Planning and Zoning 643 of 994 APPROVED  Page 1 of 8  Preservation Commission  MEETING MINUTES  EVANSTON PRESERVATION COMMISSION  Tuesday, December 18, 2012  7:00 p.m.  Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2200  Members Present:  Susan Farrand, Kris Hartzell, Andres Lombana, Anne McGuire,  Garry Shumaker and Jack Weiss  Members Absent:  Dian Keehan, Amy Riseborough, Scott Utter  Staff Present:  Carlos D. Ruiz  Presiding Member:  Garry Shumaker  Declaration of Quorum  With a quorum present, Chairman G. Shumaker called the meeting to order at 7:06 p.m.  APPROVAL OF MEETING MINUTES of March 20, May 15, September 18, and  November 20, 2012.  No minutes approved.  COMMITTEE REPORTS  A.  Survey Sub­Committee ­ Phase II Grant Update  This item was discussed at the end of the meeting, at which time the Commission  discussed ways of providing the information gathered in the Lakeshore Historic District  Survey.  The Commission could be more effective communicating to citizens the  difference between national landmarks vs. local landmarks.  The information about  sustainability could be placed on the City’s Preservation Commission page including  resources for energy efficiency, information on window restoration and replacement.  STAFF REPORTS  No staff report.  UNFINISHED BUSINESS  A.  1622 Forest Place (L/LSHD) – Demolition of existing coach house.  Construction of  a new six­car coach house in place of existing coach house on alley. 644 of 994 APPROVED  Page 2 of 8  Preservation Commission  Paul Janicki, architect presented the project.  P. Janicki said the porte cochere has  been removed as requested; the main roof of the carriage house has been lowered.  Other revisions include: the half­timbering, window placements, the chimney is  attached to the end of the structure, the garage doors are the same, and the window  locations have been shifted to accommodate the smaller spaces.  The northern most  carriage house door on the east side of the structure is the most notable change to  the main body of the carriage house.  The height was 28’ now is 26.4”.  It was moved (K. Hartzell) and seconded (J. Weiss) to issue a COA for the coach  house at 1622 Forest Place given that it meets standards for review of construction  1­5, 7­13 and 16. The motion passed.  Vote: 5 ayes, 1 nay.  It was moved (K. Hartzell) and seconded (J. Weiss) to approve the demolition of  the existing coach house at 1622 Forest Place in that standards for review of  demolition apply.  The motion passed.  Vote: 6 ayes, 0 nays.  B.  604 Judson Avenue (LSHD) Interior remodel and addition to existing 2­story +  basement single family residence including new roofed porch at east side, 2­story +  basement addition to the south side, 1­story addition to north side, window  replacement and roof re­configuration at east side.  Chris Bremer, architect and Jeff Scales, owner presented the project.  C. Bremer  said last month they sought feedback from the Commission regarding the peak over  the front room, the consistency of the proposed windows, the peak of the roof as  well as the porch on the southwest corner of the house and the pitch of the roof on  the addition and the addition.  Chris Bremer said they tried to match better the south elevation porch with the front  porch. They are keeping the first floor windows on the south elevation rather than  installing new patio doors.  The kitchen windows on the south are consistent with the  windows on the existing enclosed front porch.  The master bedroom has windows  consistent with those of the second floor secondary bedrooms.  The west elevation  the master bedroom has windows consistent with secondary bedroom windows.  The porch/family room windows are consistent with the other two family room  windows.  The dining room windows on the north elevation are consistent with the  living room windows and the mudroom/kitchen windows are also consistent with the  dining room and living room windows.  Chris Bremer said regarding the peak roof at the front of the house, they would like  to take the Gothic Cottage roof and turn it into a more traditional gable roof for the  east elevation (proposed elevation B).  J. Scales said the gable roof blends in with  the surrounding houses.  He said the house was approved for demolition 5 years  ago.  He said the house does not have historical significance.  S. Farrand asked about the windows on the north elevation.  C. Bremer said they  are consistent in the size with the ones adjacent to the left.  K. Hartzell asked if they 645 of 994 APPROVED  Page 3 of 8  Preservation Commission  are proposing altering the east elevation gable, but not the north elevation gable.  C.  Bremer said yes.  Anne McGuire asked for information on the issues discussed at the last meeting.  C.  Ruiz said the application was for the front east elevation to replace the roof line with  a gable (elevation B). The windows on the addition were not consistent with some of  the other windows.  J, Weiss said the proposed south elevation shows the new  addition lower than the existing house. He asked if land is being excavating.  C.  Bremer said they are grading down rather than having window wells for egress.  The  setback is 20’ from the lot line on the south.  J. Weiss said the gable on elevation B  is not consistent with the other sides of the house (north and south elevations have  the peak).  Garry Shumaker said it is not an issue of leaving what is there, but it’s the scale and  the proportion; all the gables that exist on the house now are rather steep and are  very intentional; they either create symmetry or they anchor a corner.  The proposed  gable is long and flat and stretches across the face of the house.  Proportionally, the  gable does not achieve a giving a presence on the front façade.  The covered porch  on the front, it is a long low sloping roof that comes out just over the porch.  Susan Farrand said she would like to keep the peak roof on the front elevation.  She  wanted to keep consistency of the roofs in reference to the porch roof and the roof  on the north and east façades.  G, Shumaker said the roof forms as they intersect  existing additions and new additions did not come together very cleanly.  Jeff Scales said adding the porch will help and give some depth to the house.  He  said the north and south elevations look fine, the only elevation that needs change is  the east elevation.  Mary McWilliams said proposed elevation B makes the house  look very bloated.  She agreed with retaining the existing peak roof on the east  façade.  K. Hartzell said the house has been altered numerous times, but the one  thing that is consistent that is showing the original house is that roof line [east  elevation] and the other two roof lines.  Anne McGuire wondered if some symmetry  in the fenestration will help.  The Commission suggested dealing with the location of  windows on the front façade.  The Commission requested more detail drawings for the front porch columns and  balustrade for administrative review.  They arrived to the consensus to retain the  Gothic Cottage peak roof on the front east elevation.  It was moved (J. Weiss) and seconded (A. McGuire) to approve the COA for the  alterations at 604 Judson Avenue as follows: East elevation: first floor, replacement  of four windows in the enclosed porch; second floor, remove existing bathroom  window, enlarge opening and install new window to match the existing two bedroom  windows.  North elevation: first floor ­ remove five windows on existing one­story  addition, enlarge openings and install five new windows. South elevation: first floor,  replace four windows by deck area and replace two windows in the enclosed porch 646 of 994 APPROVED  Page 4 of 8  Preservation Commission  as standards for review of alteration 1­10 apply and are met.  The motion passed.  Vote: 5 ayes, 1 nay.  It was moved (J. Weiss) and seconded (K. hartzell) to approve a COA for additions  at 604 Judson as follows: East elevation, construction of one­story open porch  [retaining the Gothic Cottage peak roof on the second floor] – not elevation B. North  elevation, one­story addition. South/west elevation, construction of two­story addition  with screen porch on the first floor with basement, and new wood deck on the first  floor.  J. Weiss amended his motion to include that the applicant will submit to staff  detail drawings for the front porch.  K. Hartzell seconded the amendment.  The  motion passed as amended.  Vote: 5 ayes, 1 nay.  It was moved (S. Farrand) and seconded (A. McGuire) to issue a COA for  demolition at 604 Judson for removal of existing porches and terraces as standards  for review of demolition 1­5 apply.  The motion passed.  Vote: 6 ayes, 0 nays.  NEW BUSINESS  A.  912 Sheridan Road (LSHD) – Replacement of front wood door. [Alteration]  Ken Hazlett, architect and Jay Latin, owner presented the project.  K. Hazlett said he  applied for the building permit thinking he was doing the right thing.  However, he did  not indicate on the building permit application that the front door was going to be  replaced.  The existing front door was replaced with a new door.  He said the new  replacement front door does not call attention when viewed from the sidewalk and it  is behind a glass storm door. He said the original door was not repairable.  The new  door is wood and painted in black.  J. Latin said that every unit in his building is  different and that he obtained approval from the owner’s association board.  The Commission discussed the issue and decided to allow Commissioners visit the  site to have a better understanding of the situation.  It was moved (S. Farrand) and seconded (A. Lombana) to table action of the  application until the next meeting in January 2013.  The motion passed.  Vote: 6  ayes, 0 nays.  B.  586 Ingleside Park Place (L) ­ Repurpose the existing back porch to become part of  the kitchen.  Add new back porch at location of existing stair.  Add new stair to south  and west of new porch. [Construction]  Susan Rundle, architect, presented the project.  S. Rundle said the project includes  the addition to the kitchen and the construction of a new porch next to it on the south  elevation.  The slate roof will be extended to cover the porch.  The existing door will  be reused. The new concrete stairs will come down south and west.  The new  balustrade with 1 ¼” spindles and 4” newel will match existing.  On the west  elevation, first floor the existing arched window will be removed, the opening will be 647 of 994 APPROVED  Page 5 of 8  Preservation Commission  reduced and new casement wood window will be installed to match the windows to  the north.  It was moved (A. McGuire) and seconded (J. Weiss) to approve the COA for the  expansion of the kitchen at 586 Ingleside Park Place in that standards for review of  construction 1, 3, 7, 8, 10, 12­15 have been met.  The motion passed.  Vote: 6 ayes,  0 nays.  It was moved (K. Hartzell) and seconded (A. Lombana) to issue a COA for  demolition at 586 Ingleside Park Place for removal of the rear stairs and balustrade,  and the removal of the arch window on the first floor west elevation in that standards  for review of demolition 1­5 have been met.  The motion passed.  Vote: 6 ayes, 0  nays.  C.  2310 Central Park Avenue (L) ­ Construction of a new detached frame 2­car garage,  24’ x 24’ with roof pitches to match existing house. [Construction]  DonnaLee Floeter, architect, and Michael Wood, owner presented the project.  D.  Floeter said the project is to build a detached 2­car garage at the rear of the lot.  The  roof of the garage mimics the double sloped roof on the house.  The exterior  material is painted cedar siding.  It was moved (K. Hartzell) and seconded (A. Lombana) to approve a COA for  construction at 2310 Central Park Avenue for the construction of a 2­car detached  garage in that it meets standards for review of construction 1­5, 7, 8, 10­13 and 16.  The motion passed.  Vote: 6 ayes, 0 nays.  D.  2145 Sheridan Road (Landmark Lot of Record) ­ Construction of a six­story addition  to the Technological Institute at 2145 Sheridan Road on the Northwestern University  Campus.  The addition will occupy the space between H and K wings on the  southwest side of the building that is currently occupied by a one­story addition built  in 1968.  The addition will be nearly identical to the two recent additions to the  Technological Institute which have been recently completed.  [Construction/Demolition]  Matt Garrett, architect and Quentin Bruhn of Northwestern University presented the  project.  M. Garrett said that the proposed work consists of a six­story addition on  the south elevation with cast medallions, stone corners and decorative metal  spandrels replicating an existing ornament.  There is a new elevator and a new  generator screen with limestone to match the existing.  The new windows will match  the existing windows.  It was moved (A. McGuire) and seconded (K. Hartzell) to approve a COA for 2145  Sheridan Road for the six­story addition with stone corners, metal spandrels, exterior  limestone finish and generator in that standards for review of construction 1, 3, 5, 7,  8­10 and 12­15 have been met.  The motion passed.  Vote: 5 ayes, 1 abstention. 648 of 994 APPROVED  Page 6 of 8  Preservation Commission  It was moved (A. McGuire) and seconded (K. Hartzell) to approve a COA for  demolition at 2145 Sheridan Road for the demolition of the one­story existing  addition in that it meets standards for review of demolition 1­5.  The motion passed.  Vote: 5 ayes, 1 abstention.  E.  2110 Orrington Avenue (NEHD) ­ Construction of a one story addition with basement  to the rear (west) of the home and the construction of a side and rear porch  connected to the existing front and side porch, and the repair and structural  remediation of an existing 2 nd story addition (also interior renovation to the basement  and portions of the existing first and second floor including a full electrical renovation  throughout). Requires minor zoning variation for proposed 31.3% building lot  coverage where a maximum 30% is allowed. [Construction]  Doug Snider, and Thomas Ahleman, architects presented the project. D. Snider said  Edgar Ovet Blake designed the Tudor Revival house at 2110 Orrington in 1898.  The  house has stucco and half timber exterior finish, brick piers and foundation.  The  project calls for the construction of a one­story addition at the rear of the house and  the extension of the covered porch on the south elevation and ending on the rear of  the house.  The hip roof line of the addition and dormer echoes the hip roof line of  the house.  The roof material is asphalt shingles, exterior wood trim, wood windows  and brick foundation.  Doug Snider said the proposed additions requires a zoning variation for the  proposed 32.3% building lot coverage where maximum 30% lot coverage is allowed.  Liz Webster of 2106 Orrington expressed her concern with the water flow over her  adjacent property to the south of 2110 Orrington.  She wanted to make sure that the  City will have a say where rain water should go during a storm.  It was moved (A. McGuire) and seconded (A. Lombana) to issue a COA for  construction at 2110 Orrington Avenue in that the standards for review of  construction 1­8 and 10­15 have been met.  The motion passed.  Vote: 6 ayes 0  nays.  It was moved (A. McGuire) and seconded (J. Weiss) to recommend to Zoning the  zoning variation for the proposed 32.3% building lot coverage for the proposed one­  story addition at 2110 Orrington Avenue in that standards for zoning variation A and  C.  The motion passed.  Vote: 6 ayes, 0 nays.  F.  2412 Lincolnwood Drive (L) – Two­story rear addition to existing structure,  demolition of existing accessory structure, construction of new accessory structure,  replacement of existing windows. [Alteration/Construction/ Demolition]  Mark Downey, Margery Gascon, architects, Heidi Sidenberg, landscape architect  and Dan Reinberg, owner presented the project.  M. Downey said the 1928 house at 649 of 994 APPROVED  Page 7 of 8  Preservation Commission  2412 Lincolnwood has had several additions over the years including the creation of  a third floor dormer and a substantial addition to the west that was abandoned in the  1960s.  M. Downey said they are proposing the demolition of the existing detached  one­car garage, the construction of a new detached two­car garage.  The exterior  materials are wood siding to match the existing and stucco and half­timbering, a  gable roof with cedar shake.  Mark Downey said they are also proposing the construction of a two­story addition to  the rear of the house on the west elevation. A casement arched window on the west  elevation will be restored. The materials are brick, stone veneer, aluminum clad  wood windows, and wood shakes on the roof.  They proposed restoring on the east  elevation, first floor, two windows and replace five windows on the first and second  floor under the gable.  On the north elevation they proposed replacing on the first  floor three casement windows in kind, infill a window opening with brick to match the  existing brick. On the second floor, replace one casement window infill one window  opening with brick to match existing and install a new double hung window.  On the  third floor dormer, replace one casement window in kind and install a new casement  window.  It was moved (K. Hartzell) and seconded (A. McGuire) to approve a COA for  construction of a two­story rear addition and a two­car detached garage at 2412  Lincolnwood as they meets standards for review of construction 1­15.  The motion  passed.  Vote: 6 ayes, 0 nays.  It was moved (K. Hartzell) and seconded (A. Lombana) to approve a COA for  alteration for 2412 Lincolnwood for the replacement of five non­original windows on  the front east elevation, three windows on the north side with casement windows.  Remove two windows on the north side and install three new windows on the north  side as it meets standards for review of alteration 1­6, 9 and 10.  The motion  passed.  Vote: 6 ayes, 0 nays.  It was moved (J. Weiss) and seconded (K. Hartzell) to approve a COA for the  demolition of the existing garage at 2412 Lincolnwood as it meets standards for  review of demolition 1­5.  The motion passed.  Vote: 6 ayes, 0 nays.  G. Discussion: Schedule of Special Meeting in January 2013 with Northwestern  University (before the January 15, 2013 meeting) to hold a workshop session to  discuss Northwestern University’s North Campus Parking Garage and other project  plans.  Garry Shumaker informed the Commission that he attended a meeting the Mayor  Tisdahl and Ron Nayler of Northwestern University where the University agreed to  begin discussions earlier with the Preservation Commission when dealing with  significant projects in the future affecting the Evanston campus. R. Nayler agreed to  have a workshop about the University’s framework plan for the Evanston campus. 650 of 994 APPROVED  Page 8 of 8  Preservation Commission  Garry Shumaker said this workshop will give Commissioners the opportunity to ask  questions on future projects affecting the landmark lot of record within the Evanston  campus.  The Commission provided the date for the workshop with Northwestern University  on Thursday, January 10, 2013 at 7 p.m.  COMMUNICATIONS  No communications.  ADJOURNMENT  The meeting was moved (S. Farrand) and seconded (K. Hartzell) to adjourn. A voice  vote was taken and the motion was approved at 11:10 p.m., December 18, 2012.  Respectfully Submitted,  Carlos D. Ruiz  Preservation Coordinator, Community and Economic Development Department/  Planning & Zoning 651 of 994 DRAFT NOT YET APPROVED  MEETING MINUTES (Excerpt)  PRESERVATION COMMISSION  Tuesday, March 19, 2013  7:00 p.m.  Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2200  Members Present:  Suzanne Farrand, Anne McGuire, Amy Riseborough, Garry  Shumaker, Scott Utter and Jack Weiss  Members Absent:  Kris Hartzell, Dian Keehan and Andres Lombana  Staff Present:  Carlos D. Ruiz  Presiding Member:  Garry Shumaker, Chair  Declaration of Quorum  With a quorum present, Chairman Shumaker called the meeting to order at 7:13  p.m.  NEW BUSINESS  B.  1622 Forest Place (L/LSHD) ­ The proposed use, a Bed & Breakfast, requires  a Special Use and Ordinance adoption from the Evanston City Council prior  to the issuance of any building permits. The Preservation Commission  previously approved: New elevator bay on north elevation, new accessible  ramp and modification of balustrade on east elevation, removal of two dormer  windows, removal of 1960's addition on west elevation, new pilasters and  removal of stair on west elevation, new terrace on southern corner, new land  depression and basement window and doors on south elevation, new coach  house in place of existing coach house on alley, addition of wood trim on  second story of house. [Special Use]  Paul Janicki, architect presented the project.  J. Janicki said that the proposed  work on the house, the demolition of the existing garage and the construction  of a new coach house were previously approved. He said he is presenting the  special use application for a bed and breakfast with a companion carriage  house.  The house is four stories.  The top story will be in keeper’s apartment,  the second floor will be the five suites bedrooms and bathrooms.  The  basement will be underpinned with mechanical equipment with laundry  rooms, exercise rooms and bathrooms. 652 of 994 DRAFT NOT YET APPROVED  Paul Janicki said the carriage house will have an apartment on the second  floor and with the same tenant as it does now.  As far as the proposed use as  a bed and breakfast there is not anything that is detrimental to the community  nor would it have an adverse effect on the health and welfare of people.  Cars  are going into the carriage house from the alley as it currently occurs.  Andrew Scott attorney representing the applicant said the use of the carriage  house will continue as it is today; there will be a tenant on the second floor.  The intent is not to use the carriage house in connection with the bread and  breakfast at all.  Carlos Ruiz noted that the purview of the Commission as far the special use  is limited to lot coverage, yard requirements, parking, building height, fences  or landscaping.  It was motioned (J. Weiss) and seconded (S. Farrand) to  recommend to City Council approval of the special use for the property at  1622 Forest Place as it meets standards A­C for special use/variations.  The  motion passed.  Vote: 6 ayes, 0 nays.  Respectfully Submitted,  Carlos D. Ruiz  Preservation Coordinator, Community and Economic Development/Planning and  Zoning 653 of 994 Date: June 5, 2013 To: Planning and Development Committee Cc: Evanston City Council RE: Bed and Breakfast Ordinance It is our understanding that on June 10, 2013, the Planning and Development (P&D) Committee of City Council will consider a request for a special use permit to operate a bed & breakfast (B&B) at 1622 Forest Place. Less than two years ago, when the Council issued a special use permit to James Pritzker to operate a B&B at 300 Church Street, his attorney denied that he had plans for more B&Bs in the neighborhood. But in April, the City’s Zoning Board of Appeals (ZBA) considered a second request from Mr. Pritzker, and voted not to recommend a permit for 1622 Forest Place, which is in the same block as 300 Church Street. In a letter to you on April 20, 2012, the Southeast Evanston Association expressed support of the Plan Commission’s recommendation that the City adopt a standard for a m inimum distance of 900 feet between B&B establishments. B&Bs will inevitably introduce a certain amount of commercial use into a residential neighborhood. A required separation will limit the effects of this commercial use on a small residential area. As you take up the issue of a special use permit for 1622 Forest Place, we urge you to consider this standard and avoid a concentration of B&Bs on a single block. SEA also notes that, according to the City’s existing Special Use Standard C, a special use permit cannot be granted if the special use causes “a negative cumulative effect … on the immediate neighborhood.” Concerns about the cumulative impact of multiple B&Bs on one block include the traffic from deliveries of laundry, food, and supplies, the potential for noise from parties and other events, and the impact on street parking. Finally, should the Council again choose to override the ZBA’s decision, it is important that the permit be granted to the owner/operator rather than to the property, with the stipulation that future owners need to re-apply if they want to put the property to a special use. As expressed in our previous letter, we continue to believe that:  It is vital for a B&B to be operated by a resident owner who has a majority interest in the B&B. Such a requirement helps to ensure that the owner/operator has a residential stake in Evanston as well as a commercial one. 654 of 994  It is critical that the Council place limits on the number of parties, weddings, and other similar events that can involve a large number of people and have a substantial negative impact on neighbors.  It is important the the Council limit B&B parking to on-site and leased off-site only. In many neighborhoods, the use of street parking can seriously affect parking for homeowners and their guests and negatively impact the residential experience for which the area is zoned. We thank you for your consideration. 655 of 994 For City Council meeting of July 08, 2013 Item H1 Business of the City by Motion: Township June 2013 Bills For Action To: Honorable Mayor and Members of the City Council Human Services Committee From: Joe McRae, Deputy City Manager Subject: Township of Evanston June 2013 Bills Date: July 2, 2013 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 June 2013 in the amount of $137,826.04. Legislative Funding Source: Township budget, see attached bills list. Summary: Township of Evanston monthly expenditures totaling $137,826.04 requires Township Trustees approval. Attachments: June 2013 Monthly Accounting Report June Client Status Report June GA Client Medical Report EAS June Client Report Supervisor Office Depot Bills Assessor Office Depot Bill Memorandum 656 of 994 657 of 994 658 of 994 659 of 994 660 of 994 661 of 994 662 of 994 663 of 994 664 of 994 665 of 994 666 of 994 667 of 994 668 of 994 669 of 994 670 of 994 671 of 994 672 of 994 673 of 994 674 of 994 675 of 994 676 of 994 677 of 994 678 of 994 679 of 994 680 of 994 681 of 994 682 of 994 683 of 994 684 of 994 685 of 994 686 of 994 687 of 994 688 of 994 689 of 994 690 of 994 691 of 994 692 of 994 693 of 994 694 of 994 695 of 994 For City Council meeting of July 8, 2013 Item H2 Ordinance 43-O-13: Lease and Construction Agreement with Piven Theater Workshop For Introduction To: Honorable Mayor and Members of the City Council Human Services Committee From: Wally Bobkiewicz, City Manager Michelle L. Masoncup, Deputy City Attorney Subject: Ordinance 43-O-13, Lease and Construction Agreement for City-Owned Property at 927 Noyes Street with Piven Theater Workshop Date: May 31, 2013 Recommended Action: Staff recommends approval of Ordinance 43-O-13, “Authorizing the City Manager to Negotiate and Execute a Lease and Construction Agreement with Piven Theater Workshop”. Funding Source: Parking Fund or General Fund Summary: Piven Theater Workshop, an Illinois not-for-profit corporation, provides actors training for children (age 9 and above) and adults, and also produces theatre performances of new works and literary adaptations. The training sessions annually serve 1,000 students with mentorship opportunities for theatre artists and educators. Piven‟s mission “is to preserve a process of creative exploration that celebrates each individual‟s unique voice through an ensemble-based, community-oriented approach to theatre training and performance.” Piven Theatre Workshop was one of the first, tenants in the Noyes Cultural Arts Center building (“NCAC”). Byrne and Joyce Piven, and the Workshop, worked with Dick Cusack and Phyllis Ellis to establish the NCAC in 1975. The first renovations that made Next Theatre, Actors Gymnasium, and Piven‟s theaters into actual theaters were paid for by Byrne and Joyce Piven personally during the first decade of the Center. Piven currently occupies approximately 4,224 square feet of space within the NCAC, as depicted on the attached Piven Current Footprint (Exhibit B to Lease and Construction Agreement). The proposed improvements include the installation of a „black box‟ theater, increased office space, classroom space and larger rehearsal space, as outlined on the preliminary Site Plan (Exhibit C to the Lease and Construction Memorandum 696 of 994 Page 2 of 3 Agreement). The Site Plan does not propose to expand the NCAC building size, but to increase the footprint within the existing structure with studio changes for existing tenants. Relocation and displacement of existing tenants is yet to be determined. The Lease and Construction Agreement contemplates that the City make basic improvements to NCAC to ensure the long term sustainability of the building, including replacement of the roof, updating electrical service, and lead and asbestos abatement (cost estimates for these improvements have not been finalized). Piven desires to remain a tenant of the NCAC for the long term and invest significant resources into the renovation of its performing arts space. The Piven renovations outlined in the Site Plan are projected to total $3.55 Million and Piven is responsible for the construction of the improvements. If Piven raises a minimum of $355,000 by December 31, 2013 (or June 30, 2014 if an extension is requested) and the Ordinance is approved, the City shall loan Piven an amount not to exceed $2.2 Million to be paid back over the initial 30 year term of the lease. The remaining funding for the total Piven project cost will be provided by Piven through a combination of cash (as previously indicated, minimum of $355,000 must be earmarked), pro bono commitments, pledges, and private bank financing (the breakdown to be determined by Piven). The funding to be provided by Tenant in the amount of $1,350,000.00 shall be raised by Tenant in the form of a combination of cash, pro bono commitments, pledges, and private bank financing (at Tenant‟s option). The Lease rent structure has been amended since the Human Services Committee meeting on May 6, 2013. As indicated in the attached revised lease and construction agreement, Piven will pay $60,000 per annum (comprised of $50,000 per annum credit [for in kind contributions] and $10,000 per annum in cash in 2013 and $40,000 per annum credit [for in kind contributions] and $20,000 per annum in cash in 2014 and thereafter until the day immediately preceding the Repayment Start Date [as defined in Section 8(A)(2) of the lease]). The cash portion of the rent payable during 2013 and thereafter until the Repayment Start Date will be paid in equal monthly installments (with appropriate prorations for any partial month/calendar year). In consideration, Piven constructing the renovations and improving the overall structure and future viability of the NCAC, the rent will be $1.00 while the loan is repaid. Piven will be assessed rent of $100,000 per year for the option periods beyond the initial term, which is comprised of $25,000 per annum credit [for in kind contributions] and $75,000 in cash. The lease and construction attached to Ordinance 43-O-13 as Exhibit 2 indicates the changes from the version presented to the Committee on May 6th. Piven shall provide office space and use of the theater space to Fleetwood-Jourdain at no cost for 8 weeks during a calendar year. In addition, Piven is continuing its community engagement program by providing scholarships and tickets, as well as other opportunities to community members. Following the Committee meeting on May 6, 2013 and further discussions with tenants and Piven Theatre, City staff prepared the attached floor plans with the proposed Noyes Cultural Arts Center tenant relocations if the Piven renovation is approved (Attachment 2). The City of Evanston Economic Development Division conducted an analysis of the projected economic impact of the project on the community, which is attached for your 697 of 994 Page 3 of 3 review (Attachment 3). Lastly, attached is a memorandum addressing questions posed during the May 6, 2013 meeting of the Human Services Committee regarding the overall project, lease terms, and loan to Piven (Attachment 4). Attachments: (1) Ordinance 43-O-13 with exhibits (2) Proposed Noyes Cultural Arts Center Tenant Relocations (3) Memorandum – City of Evanston Economic Development staff review of Piven Theatre impact (4) Memorandum – Responses to Human Services Committee Questions on Renovation Project 698 of 994 5/31/2013 5/1/2013 43-O-13 AN ORDINANCE Authorizing the City Manager to Negotiate and Execute a Lease and Construction Agreement with Piven Theater Workshop WHEREAS, the City of Evanston owns certain real property located at 927 Noyes Street, Evanston, Illinois 60201, which is improved with a three story commercial building and more fully described on Exhibit 1 (the “Property”); and WHEREAS, Piven Theatre Workshop, an Illinois not-for-profit corporation (“Piven”), currently leases a portion of the Property for i ts performing arts business (the “Premises”); and WHEREAS, Piven seeks to renovate the Premises to expand its current footprint within the Property and enter into a long term lease agreement with the City prior to making Premises improvements; and WHEREAS, the City Council has determined that it is in the best interests of the City of Evanston to negotiate and execute a thirty (30)-year lease and construction agreement with four (4) extensions of five (5) years each, for a collective potential term of fifty (50) years with its current tenant, Piven Theatre Workshop, an Illinois not-for-profit corporation; and WHEREAS, the City Council deems the lease and renovation of the Premises necessary, desirable, and in the public interest to further develop the performing arts spaces in the City; and 699 of 994 43-O-13 ~2~ WHEREAS, as required by Section 1-17-4-1 of the Evanston City Code, 2012, as amended (the “City Code”), a Notice of Intent to Sell Lease Real Estate, was published in the Evanston Review, a newspaper in general circulation in the City of Evanston, on June ___ 2013, neither less than fifteen (15) nor more than thirty (30) days before the date on which the City Council considered adoption of this ordinance authorizing the sale of the Property, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Pursuant to Subsection 1-17-4-1 of the Evanston City Code of 2012, as amended (the “City Code”), the City Manager is hereby authorized and directed to further negotiate and execute, and the City Clerk is hereby authorized and directed to attest, on behalf of the City of Evanston, the lease agreement for the Property, by and between the City of Evanston, as landlord, and Piven Theatre Workshop, as tenant. The lease and construction agreement shall be in substantial conformity with the Lease attached hereto as Exhibit “2” and incorporated herein by reference. 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 application of this ordinance is severable. 700 of 994 43-O-13 ~3~ SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Ayes: ______________ Nays: ______________ Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 701 of 994 43-O-13 ~4~ EXHIBIT 1 LEGAL DESCRIPTION PARCEL 1: BLOCK 1 IN TAIT’S SUBDIVISION OF BLOCK 4 OF ORRINGTON ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART EAST OF THE CENTER LINE OF RIDGE AVENUE OF THE SOUTH ½ OF THE NORTH ½ OF THE SOUTH WEST ¼, AND THAT PART BETWEEN THE WEST LINE OF BLOCK 92 OF THE VILLAGE OF EVANSTON AND THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD OF THE NORTH ½ OF THE NORTH ½ OF THE SOUTH ½ OF THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 2: LOTS 12 TO 21, BOTH INCLUSIVE, IN BLOCK 2 IN TAIT’S SUBDIVISION OF BLOCK 4 OF ORRINGTON ADDITION TO EVANSTON, ACCORDING TO THE PLAT OF SAID TAIT’S SUBDIVISION RECORDED MARCH 8, 1906, AS DOCUMENT NUMBER 3829417, TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 12 IN BLOCK 2 IN TAIT’S SUBDIVISION, AFORESAID, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 3: LOTS 1, 2, 3 AND 4 IN BLOCK 1 IN A. BURROUGHS’ ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART OF LOT 15 AND THE EAST 145.5 FEET OF LOT 16 LYING WEST OF THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF LOT 1 AND NORTH OF THE LOTS 2, 3 AND 4 IN SAID BLOCK 1, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 4: LOTS 1, 2, 3, 4 AND THE EAST 19 FEET OF LOT 5 IN BLOCK 2 IN A BURROUGHS’ ADDITION TO EVANSTON, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED APRIL 15, 1893, AS DOCUMENT NUMBER 1850049; TOGETHER WITH THE VACATED 16 FOOT ALLEY LYING EAST OF THE EAST LINE OF LOT 5 AND WEST OF THE WEST LINE OF SAID LOTS 1, 2, 3 AND 4 IN SAID BLOCK 2, ALSO TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 4 IN BLOCK 2, AFORESAID, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 5: 702 of 994 43-O-13 ~5~ THAT PART OF LOT 16 IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF NOYES STREET, WHICH IS 323.8 FEET EAST OF THE INTERSECTION OF SAID NORTH LINE OF NOYES STREET WITH THE CENTER LINE OF RIDGE AVENUE; THEN CONTINUING EAST ALONG THE NORTH LINE OF NOYES STREET, 125 FEET; THENCE NORTH 115.5 FEET TO THE SOUTH LINE OF LAND FORMERLY OWNED AND OCCUPIED BY ALONZO BURROUGHS, BEING NOW THE SOUTH LINE OF A. BURROUGHS’ ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART OF LOT 15 AND THE EAST 145.5 FEET OF LOT 16 LYING WEST OF THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD IN ASSESSOR’S DIVISION, AFORESAID; THENCE WEST ALONG THE LAST DESCRIBED LINE, 125 FEET TO THE EAST LINE OF THE WEST ½ OF SAID LOT 16 (BEING ALSO THE EAST LINE OF FOSTER AND KLINE’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF THE LOT 16 IN ASSESSOR’S DIVISION, AFORESAID): THENCE SOUTH ALONG THE LAST DESCRIBED LINE, 115.5 FEET TO THE PLACE OF BEGINNING, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 6: LOTS 3 AND 4 IN FOSTER AND KLINE’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF LOT 16 IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 7: ALL THAT PART OF VACATED ERVIN COURT LYING SOUTH OF THE SOUTH LINE OF COLFAX STREET AND NORTH OF THE NORTH LINE OF NOYES STREET, SAID ERVIN COURT HAVING BEEN VACATED BY CITY OF EVANSTON ORDINANCE DATED NOVEMBER 23, 1931, AND RECORDED MARCH 23, 1932, AS DOCUMENT NUMBER 11063489, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Real property address: 927 Noyes, Evanston, Illinois 60201 PIN: 11-07-114-027-0000 703 of 994 43-O-13 ~6~ EXHIBIT 2 LEASE AND CONSTRUCTION AGREEMENT 704 of 994 NGEDOCS: 2064579.8 LEASE AND CONSTRUCTION FOR THE PREMISES LOCATED AT 927 NOYES STREET, EVANSTON, ILLINOIS, BY AND BETWEEN THE CITY OF EVANSTON, LANDLORD AND THE PIVEN THEATRE WORKSHOP, TENANT 705 of 994 INDEX Section Title Page Number NGEDOCS: 2064579.8 1 SECTION 1. DESCRIPTION OF PREMISES 3 SECTION 2. TERM 3 SECTION 3. RENT 4 SECTION 4. COMMON FACILITIES 6 SECTION 5. USE OF PREMISES 7 SECTION 6. LANDLORD IMPROVEMENTS 10 SECTION 7. TENANT IMPROVEMENTS 13 SECTION 8. OVERVIEW OF TENANT IMPROVEMENT COSTS 16 SECTION 9. SIGNS 20 SECTION 10. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS 20 SECTION 11. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT 21 SECTION 12. REPAIRS AND MAINTENANCE 21 SECTION 13. UTILITIES 22 SECTION 14. TAXES 22 SECTION 15. INSURANCE 22 SECTION 16. SUBLETTING; ASSIGNMENT 23 SECTION 17. SURRENDER OF PREMISES; HOLDING OVER 24 SECTION 18. INDEMNIFICATION AND LIENS 24 SECTION 19. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS 25 SECTION 20. DEFAULT AND REMEDIES 25 SECTION 21. TENANT OBLIGATIONS TO COMMUNITY AND ASSOCIATION 27 SECTION 22. REMOVAL OF OTHER LIENS 28 SECTION 23. REMEDIES NOT EXCLUSIVE 29 SECTION 24. EXPENSES OF ENFORCEMENT 29 SECTION 25. EMINENT DOMAIN 29 SECTION 26. GOVERNMENTAL INTERFERENCE WITH POSSESSION 30 SECTION 27. PEACEFUL ENJOYMENT 30 SECTION 28. EFFECT OF WAIVER OF BREACH OF COVENANTS 30 SECTION 29. TIME OF THE ESSENCE 30 SECTION 30. AMENDMENTS TO BE IN WRITING 30 SECTION 31. PARTIES BOUND 30 SECTION 32. NOTICES 31 706 of 994 INDEX (continued) Page NGEDOCS: 2064579.8 2 SECTION 33. MISCELLANEOUS 31 SECTION 34. VENUE AND JURISDICTION 32 SECTION 35. FORCE MAJEURE 32 SECTION 36. LOAN AFTER TERMINATION 32 Exhibit A – Legal Description Exhibit B – Premises Original Footprint Exhibit C – Site Plan Exhibit D – 2011 Lease and 2012 Option Exhibit E – NCAC Property Fees Schedule Exhibit F – Landlord’s Construction Obligations Exhibit G – Loan Repayment Schedule 707 of 994 NGEDOCS: 2064579.8 This Lease and Construction Agreement (the “Agreement” or “Lease”) is executed this ___ day of ________, 2013 (the “Effective Date”) by and between The City of Evanston, an Illinois home rule municipality (“Landlord”), whose main business office is located at 2100 Ridge Avenue, Evanston, Cook County, Illinois, and Piven Theatre Workshop, an Illinois not-for- profit corporation (“Tenant”). Landlord and Tenant may be referred to collectively as the “Parties”. SECTION 1. DESCRIPTION OF PREMISES Landlord leases to Tenant the theatre space (which is Room 102 and includes the Room 102 washroom), Room 103 (which includes the Room 103 washroom), Room 105 and Room 110 (which includes the Room 110 storage area), all located on the first floor of the property with a street address of 927 Noyes Street, Evanston, Illinois 60201 (the “Premises”), situated within the Landlord’s 3-story building located at the same common address and legally described on Exhibit A (the “Property”) and commonly known as the Noyes Cultural Arts Center (“NCAC”). The Premises prior to any renovation and construction is depicted as a footprint more fully depicted on Exhibit B (the “Original Premises”). The parties stipulate and agree that the square footage of the original premises is approximately 4,224 square feet. The Premises to be occupied by the Tenant following the completion of the renovation and construction contemplated herein, is illustrated on the attached Site Plan as Exhibit C and will consist of approximately 11,000 square feet (the “New Premises”). The Property has various uses including artist workshops, resident young adult summer camp classes, art exhibits, and many other uses. The term “Common Facilities” as used in this Agreement will include those areas and facilities within the Property (outside of the Premises) for the nonexclusive use of Tenant in common with other authorized users, and includes, but is not limited to, sidewalks, parking area, planted areas (excluding the adjoining park area), common area restrooms and open means of ingress and egress. Tenant will have the non- exclusive right to use the Common Facilities, including the washrooms referenced above. SECTION 2. TERM A. INITIAL TERM: The initial term of this Agreement will be for approximately thirty (30) years and will commence retroactively on January 1, 2013, and shall end on the date that is twenty-eight (28) years after the Repayment Start Date (as defined in Section 8[A][2] below), subject to Section 3(B)(2) below. Tenant must provide Landlord with 180 days’ notice if they choose to renew the Agreement for the Premises. B. OPTION TERMS: Provided Tenant is open and operating and is not otherwise in default beyond any applicable cure period, Tenant may extend this Lease (individually, an “Extension Option” and collectively, “Extension Options”) at its option, for four (4) immediately successive periods of five (5) years each (each an “Extended Term”) upon the same terms, covenants and conditions as herein provided. Each such Extension Option shall be exercised by Tenant delivering to Landlord written notice of such election, not less than 180 days prior to the commencement of the five (5) year period to which Tenant’s notice relates and upon the service of such notice, this Lease and the Term thereof shall be renewed and extended for the five (5) year period to which said notice relates. The exercise by Tenant of any one Extension Option shall not be deemed to impose upon Tenant any duty or obligation to renew for any further period of time, and that the exercise of any Extension Option shall be effective only upon the giving of notice of extension in accordance with the foregoing provisions. 708 of 994 NGEDOCS: 2064579.8 4 C. AMENDMENT TO 2011 LEASE: 1. The Parties entered into an initial 10-month term lease agreement with two one-year options to extend the lease, dated March 1, 2011 for the Premises (the “2011 Lease”) and attached as Exhibit D is a copy of the 2011 Lease. 2. On December 4, 2011, the Tenant exercised its one-year option under the 2011 Lease and executed an amended rent rate schedule (the “2012 Option”). The 2011 Lease and the 2012 Option are attached as Exhibit D. 3. Prior to entering into this Agreement, the Parties executed a one-year amendment to the 2011 Lease to extend the term of the agreement for an additional year, per Section 2(C) of the 2011 Lease, with certain terms (notably rent) amended, backdated for an effective date of January 1, 2013 to December 31, 2013 (the “2012 Lease Amendment”). If this Agreement is executed, the 2012 Lease Amendment shall be null and void. SECTION 3. RENT A. RATE: Tenant agrees to pay Landlord an annual rental payment (the “Rent”) (i) for the initial term of this Agreement at the rate of $1.00 (One and no/100 Dollars) and (ii) for in accordance with the following schedule: 1. For the 2013 calendar year, the annual rental payment will be $60,000 (Sixty Thousand and no/100 Dollars), and Tenant shall be given a credit of $50,000 (Fifty Thousand and no/100 Dollars) per year as consideration for the value of the pro bono services provided by Tenant during construction, for a net rental payment of $10,000 (Ten Thousand and no/100 Dollars) with the credit applied; and 2. For the 2014 calendar year and every year thereafter, the annual rental payment will be $60,000 (Sixty Thousand and no/100 Dollars), and Tenant shall be given a credit of $40,000 (Forty Thousand and no/100 Dollars) per year as consideration for the value of the pro bono services provided by Tenant during construction, for a net annual rental payment of $20,000 (Twenty Thousand and no/100 Dollars) with the credit and until the day immediately preceding the Repayment Start Date [as defined in Section 8(A)(2)]); and 3. Commencing on the Repayment Start Date of the Loan and ending twenty-eight (28) years after the Repayment Start Date, Tenant will pay $1.00 (One and no/100 Dollars) per annum; 4. For the first Extended Term, the annual rental payment will be $100,000.00 (One Hundred Thousand and no/100 Dollars), and Tenant shall be given a credit of $25,000.00 (Twenty-Five Thousand and no/100 Dollars) per year as consideration for the value of the pro bono services provided by Tenant during construction, for a net annual rental payment of $75,000.00 (Seventy-Five Thousand and no/100 Dollars) with the credit applied; and (iii) for 5. For the second Extended Term, the annual rental payment will be $100,000.00, and Tenant shall be given a credit of $25,000.00 per year as consideration 709 of 994 NGEDOCS: 2064579.8 5 for the value of the pro bono services provided by Tenant during construction, for a net annual rental payment of $75,000.00 with the credit applied; and (iv) for 6. For the third Extended Term, the annual rental payment will be $100,000.00, and Tenant shall be given a credit of $25,000.00 per year as consideration for the value of the pro bono services provided by Tenant during construction, for a net annual rental payment of $75,000.00 with the credit applied; and (v) for 7. For the fourth Extended Term, the annual rental payment will be $100,000.00, and Tenant shall be given a credit of $25,000.00 per year as consideration for the value of the pro bono services provided by Tenant during construction, for a net annual rental payment of $75,000.00 with the credit applied. The Rent for the initial term is due and payable on or before January 1st of each year. The Rent for the option periods shall be paid in equal monthly installments and is due on or before January 1st of each month in the amount of $6,250.00 (Six Thousand Two Hundred Fifty and no/100 Dollars) per month (with the credit applied). B. PAYMENTS. The Rent under Section 3[A][3] ($1.00) is due and payable on or before January 1st of each year. The Rent outlined in Sections 3[A][1-2] and 3[A][4-7] above shall be paid in equal monthly installments and due on or before January 1st of each month in accordance with payment amounts outlined in Section 3[A][1-2] and 3[A][4-7] (with appropriate prorations for any partial month/calendar year, however no prorations will be given for 2013 occurring prior to date hereof). C. CONDITIONS ON RATE: 1. If Tenant raises $355,000.00 (Three Hundred Fifty-Five Thousand and no/100 Dollars) (“Tenant Improvement Cash”) (equates to 10% of the estimated cost of premises improvements) in cash for the premises improvements within 1 (one) year of commencement of this Lease (December 31, 2013), which date shall be extended to June 30, 2014 at the Tenant’s request with Tenant exercising reasonable efforts to raise the Tenant Improvement Cash, then the $1.00 Rent rate specified will continue for the remaining initial term and option terms and the Loan (more fully described in Paragraphs 8 and 9) will be granted. 2. In the event that the Tenant does not raise the required amount for the Premises Improvements (as set forth in Section 3([B)(][1)] above) by December 31, 2013, or June 30, 2014 if the Tenant exercises its right to extend such date to June 30, 2014, then the following will be applicable: (a) This Agreement shall be deemed to be null and void and the 2012 Lease Amendment shall be reinstated; (b) The Parties will execute a new lease agreement in the form of the 2011 Lease (attached hereto as Exhibit D) for a two (2) year term (the “New 2 Year Lease”), within 60 days of Tenant’s failure to raise the Tenant Improvement Cash. Tenant shall lease the Original Premises (as defined in Section 1) for a period of two (2) years commencing on January 1, 2014, and ending on December 31, 2015, and Tenant shall have no automatic extension options (or commencing on July 1, 2014, if Tenant exercised its right to extend the period to raise the Tenant Improvement Cash under Section 3[B][1] to June 30, 2014, i.e. 710 of 994 NGEDOCS: 2064579.8 6 the New 2 Year Lease would commence on July 1, 2014, and end on June 30, 2016); (c) Commencing January 1, 2014 or July 1, 2014, as applicable, Tenant shall submit monthly Rent payments under the New 2 Year Lease based on an annual rent rate of $59,136 ($14.00 per square foot of the Premises per annum) and the NCAC Property Fees within Section 3E are still applicable. D. TENANT CONTRIBUTION PAYMENTS TO CAPITAL IMPROVEMENTS: If, and only if, the conditions under Section 3(B)(1) are timely met and the Loan is granted (and Section 3(B)(2) is not applicable), Tenant agrees to pay an annual fee of $6,624.97 (Six Thousand Six Hundred Twenty-Four and 97/100 Dollars) toward Property-wide infrastructure improvements, the contribution will begin on January 1, 2024 (the “Capital Improvement Fee”). The Capital Improvement Fee will be increased by not more than 2% on January 2, 2025, provided that in no event will the Capital Improvement Fee ever exceed an amount equal to (a) 4% of (b) an amount equal to $15.00 multiplied by the square footage of the Premises. The Capital Improvement Fee will be paid by Tenant in 2 equal installments on January 1 and July 1 of each calendar year. E. Any and all Rent PAYMENTS under this Lease shall be mailed to: City of Evanston Parks, Recreation, and Community Services Department 2100 Ridge Avenue, First Floor Evanston, IL 60201 F. PROPERTY FEES SCHEDULE: Attached as Exhibit E is a schedule of fees for all tenants of the Property, if applicable, including Tenant (“NCAC Property Fees”). To the extent incurred by Tenant, the NCAC Property Fees specified on the fee schedule will be invoiced separately and shall be paid by the due date listed on the invoice. To the extent incurred by Tenant, the NCAC Property Fees are to be paid by Tenant regardless of the applicable rental rate specified in Section 3 (A) and (B) Tenant acknowledges that it will reimburse the City for use of the Common Facilities (as specified on Exhibit E) after the standard business hours set by the City and the Association, which hours shall not be less than the following hours throughout the Term (including any Extended Term): 7:30 a.m. – 11:00 p.m. Monday – Saturday; 10 a.m. – 6:00 p.m. on Sunday (the “Business Hours”). SECTION 4. COMMON FACILITIES A. MAINTENANCE BY LANDLORD: The Parties will coordinate during the construction period of the LCO and Tenant’s Premises Improvements, to allow Landlord to have access to the Premises as necessary to allow Landlord to perform its obligations hereunder. Landlord will maintain in good repair and in compliance with all laws the common and structural facilities (including without limitation structural walls) and systems of the Property which shall include but not be limited to the following: 1. Exterior maintenance, including the foundation, exterior walls, slab, common area doors and roof and replacement and repair of windows; 711 of 994 NGEDOCS: 2064579.8 7 2. A refuse container to be shared by all tenants in the Property to be located at the Property in reasonable proximity to the Premises. Landlord will contract, at Landlord’s cost, to have trash hauled from such container with reasonable frequency; 3. Electric facilities and systems, gas facilities and systems and the HVAC unit(s) and systems (including the portions of such systems serving the Premises exclusively); 4. Plumbing and water facilities and systems (including the portions of such systems serving the Premises exclusively); 5. Fire and life safety systems and fire alarm systems, including inspections thereof (including the portions of such systems serving the Premises exclusively; 6. Hallways, stair rails, and related elements, and restrooms and other Common Facilities, including the parking lot serving the Property; 7. Snow and ice removal, including salting, from front walkway of Premises and parking spaces in front of the Property within 24 hours of any snow event with accumulation of an 1 inch or more; and 8. Change light bulbs, ballasts and tubes in any fluorescent or comparable light fixtures in the Premises. Notwithstanding the foregoing, Tenant will change light bulbs, ballasts and tubes which are considered specialty lighting and related to performance activities. B. MAINTENANCE BY TENANT: 1. Interior non-structural Premises maintenance and all fixtures and property within the Premises other than (a) utility, HVAC or fire/life safety facilities and systems and (b) any items Landlord is required to maintain pursuant to Section 4(A); 2. All refuse from Premises to be placed in appropriate containers and Tenant cannot dispose of construction building materials in the standard refuse containers and must arrange for special pick-ups and containers for said materials; 3. HVAC unit(s) owned by Tenant (of which there are none currently); and 4. The Tenant will at all times maintain all of the Premises in a clean, neat and orderly condition. The Tenant will not use the Premises in a manner that will violate or make void or inoperative any policy of insurance held by the Landlord. The Tenant shall pay the Landlord for overtime wages for staff and for any other related expenses incurred in the event that repairs, alterations or other work in the Premises required or permitted hereunder are not made during ordinary Business Hours (as defined in Section 3[E]) at the Tenant’s request. 5. Tenant will keep the interior non-structural portions of the Premises, including all interior, non-structural walls, surfaces and appurtenances (other than systems and any other items that Landlord is required to maintain pursuant to Section 4(A)), in good repair. Tenant shall be responsible for repairs, damages and losses for damages sustained outside the Premises to other NCAC tenant’s personal property or 712 of 994 NGEDOCS: 2064579.8 8 leased area attributable to Tenant’s negligence or intentional misconduct, subject to Section 15(E). All such damage must be reported in writing to the Director of Parks, Recreation and Community Services, or his/her designee, by the next City of Evanston business day, after discovery of such damage by Tenant. 6. Repairs by Tenant must have prior written approval by the Director of Parks, Recreation and Community Services, or his or her designee, and must occur within thirty (30) days of such approval unless the Director of Parks, Recreation and Community Services, or his or her designee, gives a prior written request or grants approval for an extension beyond the thirty (30) days (or unless such repairs cannot reasonably be completed within thirty (30) days, in which case, Tenant shall have such additional time as is reasonably required). If Tenant fails to make the necessary repairs by the date determined by the Lessor, the Landlord has the option to make the necessary repairs and Tenant agrees to promptly pay for those repairs upon presentation of an invoice by the Landlord to the Tenant. Tenant is required upon lease termination to leave space in good repair and condition. Maintenance and repair issues which constitute a life and safety hazard must be corrected within twenty-four (24) hours after discovery by Tenant, provided that the issue can be fixed within that time frame. If the issue cannot be fixed within twenty-four (24) hours after discovery by Tenant, the Tenant must provide a schedule for repair within one (1) business day after discovery by Tenant to the Director of Parks, Recreation and Community Services for approval, which cannot be unreasonably withheld. SECTION 5. USE OF PREMISES A. PURPOSES: Tenant will use the Premises to operate a theater, acting classes and other related business and uses incidental thereto, and no part of the Premises will be used for any other purpose without the prior written consent of Landlord (the “Permitted Use”). If Tenant endeavors to apply for a liquor license for the Premises, the Landlord gives its written consent for said application to be submitted and reviewed by the City in conformance with the City Code procedures, as amended. The City agrees to cause such license to be granted if Tenant meets applicable requirements. B. HOURS OF OPERATION AND LANDLORD ACCESS: 1. Tenant’s use of the Premises shall only be for the permitted use. Tenant shall have the right to conduct its business in the Premises during the Business Hours (as defined in Section 3[E]) of the Property. In addition, Tenant’s staff, agents, employees and contractors may access the Premises twenty-four hours a day, seven days a week, but shall not have access to the interior Common Facilities after the Business Hours (as defined in Section 3[C]) of the Property. The Property will be closed on holidays/days as observed by the City of Evanston (but Tenant will still have access to the Premises). 2. The Landlord shall have the right to retain a set of keys to the Premises, and Tenant shall not change any locks for the Premises to any other lock, other than a lock consistent with the Landlord’s master lock for the Property. The Tenant shall permit the Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises concealed to the greatest extent possible, above ceiling, under floor or in walls that don’t reduce the square footage of the Premises and don’t materially affect Tenant’s use of the Premises. The Landlord agents shall have the right to enter upon 713 of 994 NGEDOCS: 2064579.8 9 the Premises with 24 hours prior written notice or without notice in case of an emergency, to control heat, electricity and air conditioning, to inspect the same, and to make such repairs, alterations, improvements or additions to the Premises or the NCAC, as the Landlord may deem necessary or desirable. Tenant will not cease any Loan payments while repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of the Tenant, or otherwise, provided Landlord shall complete such work as quickly as reasonably possible. Notwithstanding the foregoing, if a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days (including, without limitation, as a result of a casualty or a condemnation or the repairs required in connection therewith), the fixed minimum monthly rental and Loan payment will be equitably reduced (and the Loan Payment allocable to such portion of the Premises for the period when such portion of the Premises are unusable shall be waived and forever forgiven by Landlord) in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. Notwithstanding anything to the contrary contained herein, Landlord shall not have the right to alter the Premises except as expressly required or permitted hereunder. Notwithstanding the foregoing, if the repairs, alterations, improvements, or additions are at Tenant’s request or if the repairs are necessitated by Tenant’s actions, then the Tenant may not cease any rent or Loan payments for any period, unless the Premises are unusable as a result of the negligence or intentional misconduct of Landlord or its agents, employees or contractors. If the Tenant shall not be personally present to open and permit an entry into Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Landlord or the Lessor's agents may enter the same by using the key, or may forcibly enter the same, without rendering the Landlord or such agents liable therefore (if during such entry the Landlord or the Lessor's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. 3. Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Premises or any part thereof, other than as herein provided. The Landlord shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to the Tenant therefore, to change the arrangement and/or location of Common Facilities, including entrances or passageways, doors and doorways, and corridors, stairs, toilets or public parts of the NCAC, and to close Common Facilities (as and when reasonably necessary for Landlord to perform its obligations hereunder or exercise its rights or as necessary due to Force Majeure), including entrances, doors, corridors or other facilities. The Landlord shall not be liable to the Tenant for any expense, injury, loss or damage resulting from work done by persons other than the Landlord in or upon, or the use of, any adjacent or nearby building, land, street, or alley. C. LOCKING OF PREMISES: All doors to the Premises must be kept locked at all times except during the Business Hours (as defined in Section 3[E]). Tenant shall not open the door to anyone in the late hours. The door may not be propped open for any reason. During normal Business Hours (as defined in Section 3[E]) for the Property, patrons and users of the Property shall have access to the Common Facilities. Tenant shall not have use of Common Facilities after the Business Hours (as defined in Section 3[E]) unless Tenant pays the Facilities Fee (as specified in Exhibit E) for keeping the Property and the Common Facilities open. 714 of 994 NGEDOCS: 2064579.8 10 D. STORAGE OF INFLAMMABLE MATERIALS: Tenant agrees that it will not permit to be kept at the Premises any gasoline, distillate or other petroleum product, or other substance of an explosive or inflammable nature as may endanger any part of the premises without the written consent of the Landlord, provided that Tenant can maintain customary cleaning products in the Premises. E. USE IMPAIRING STRUCTURAL STRENGTH: The Tenant will not permit the Premises to be used in any manner that will impair the structural strength of the Premises, or permit the installment of any machinery or apparatus the weight or vibration of which may tend to impair the building’s foundations or structural strength. F. GARBAGE DISPOSAL: The Tenant will not incinerate any garbage or debris in or about the Premises, and will cause all containers, rubbish, garbage and debris stored in the Premises to be placed in the refuse container supplied by Landlord for the Property before accumulation of any substantial quantity. G. PUBLIC REGULATIONS: In the conduct of its business on the Premises, Tenant will observe and comply with all laws, ordinances and regulations of public authorities. Tenant acknowledges that the Property is owned by the City of Evanston and therefore no smoking will be permitted at the Property. H. OTHER MISUSE: Tenant will not permit any unlawful or immoral practice with or without his knowledge or consent, to be committed or carried on in the Premises by Tenant or any other person. Tenant will not use or allow the use of the Premises for any purpose whatsoever that will injure the reputation of the Premises or of the building of which they are a part. I. PARKING REGULATIONS: The NCAC has a total of fifty (50) parking spaces, consisting of thirty-five (35) permit spaces (including four [4] marked for compact cars) and twelve (12) metered spaces and three (3) handicapped spaces in the Property parking lot, which is Lot #51 and is immediately adjacent to the Premises (the “Property Parking Lot”). The Landlord acknowledges that it will not decrease the total number of parking spaces in the Property Parking Lot during the Lease Term, but Landlord reserves the right to reconfigure the parking lot and/or increase the parking spaces. For the permit parking spaces, annual parking permit fees shall be in accordance with the schedule previously referenced as Exhibit E and be billed separately. Parking permit fees are not prorated and will change over the Term of the Lease at the discretion of the Landlord. All annual parking permits issued will be billed on a monthly basis and are not returnable with the exception of permits which are transferred. There will be a $25.00 transfer fee assessed for all annual permits which are to be reissued unless: 1) the old permit or remnants of the old permit is returned displaying the lot number and the permit number minimally; or 2) proof that the vehicle was sold by producing a bill of sale. Monthly and annual parking permits for the Property Parking Lot are authorized only for Leaseholders, Sub-Tenants, staff and/or students attending classes at Noyes on a regular basis and Landlord will not permit businesses (or other invitees) outside of the NCAC to get permits for the Property Parking Lot. Use of permits is on a first-come, first serve basis for spaces available in the Property Parking Lot. Parking permits are not to be transferred to vehicles other than the vehicle for which the permit was issued unless prior written approval by the Director of Parks, Recreation and Community Services is obtained. Parking Permit privileges will be considered by the Director of Parks, Recreation and Community Services or designee for other regular NCAC users on a case-by-case basis. All Authorization Forms must be signed by 715 of 994 NGEDOCS: 2064579.8 11 Tenant or its authorized designee, and by an NCAC staff member before parking permits can be purchased. Temporary one-day parking permits are available for individuals attending special functions at the NCAC, and for visitors and others using the NCAC, who are pre-approved by the Director of Parks, Recreation and Community Services or designee. Temporary parking permits are not available to parents or caregivers waiting for students attending classes or to attendees of performances. Tenant understands, and will inform its staff, students and patrons to observe all posted parking regulations. Parking permits will not be issued to individuals with an expired driver’s license. Landlord will maintain the current parking lot serving the Property as a parking lot throughout the term of this Lease. SECTION 6. LANDLORD IMPROVEMENTS A. LANDLORD CONSTRUCTION OBLIGATIONS: 1. Prior to the commencement of construction of the Premises Improvements by Tenant (the “Premises Improvements”, defined below in Section 7), Landlord shall commence the construction of Landlord’s Construction Obligations (the “LCO”). An asbestos and lead study and assessment of the Property (the “Property Asbestos and Lead Assessment”) shall be performed by Landlord on or prior to August 31, 2013, and Landlord will provide Tenant with a copy of the report resulting from such inspection, study and assessment. 2. Following completion of the Property Asbestos and Lead Assessment, Landlord and Tenant shall meet and confer prior to September 30, 2013 to discuss the assessment recommendations. The Parties will evaluate the cost to perform the repair recommendations outlined in the Property Asbestos and Lead Assessment. If any asbestos, lead or other hazardous materials are discovered by Tenant after the date that Landlord completes the LCO and tenders possession of the Premises to Tenant, Landlord and Tenant will promptly meet and confer in order to determine what must be done to remove or abate such material. Notwithstanding anything to the contrar y contained herein, Landlord will promptly remove or cause to be removed any asbestos discovered in the Premises as a result of the Asbestos and Lead Survey (the “Asbestos Removal Work”) or discovered by Tenant during the course of construction or thereafter. Such Asbestos Removal Work will be part of the LCO, if the need for such work is discovered prior to the date that Landlord completes the LCO and tenders possession of the Premises to Tenant. In addition, Landlord will promptly abate any lead or other hazardous material discovered in the Premises as a result of the Asbestos and Lead Survey or discovered by Tenant during the course of construction or thereafter, to the extent required under applicable laws or governmental guidelines (“Abatement Work”). Such Abatement Work will be part of the LCO, if the need for such work is discovered prior to the date that Landlord completes the LCO and tenders possession of the Premises to Tenant. Notwithstanding the forgoing, if the parties determine when they meet and confer that the Premises Improvements that Tenant has not yet performed will impact the area that would be affected by the Asbestos Removal Work or the Abatement Work and, as a result it would make sense for Tenant to perform such work, then such Asbestos Removal Work or the Abatement Work, as applicable, will be performed by Tenant on Landlord’s behalf and at Landlord’s sole cost and expense. Landlord shall repay Tenant for any costs incurred by Tenant in connection with the Asbestos Removal Work or the Abatement Work performed by Tenant as such costs are incurred by Tenant, provided that Landlord shall not required to disburse any portion of such costs until the date that is 30 days after the submission to Landlord of invoices with 716 of 994 NGEDOCS: 2064579.8 12 respect to such costs and provided further that Landlord shall not be required to make such disbursements more than once in any calendar month. If the Asbestos Removal Work or the Abatement Work is performed by Landlord, Landlord will restore the area affected thereby, except to the extent that Tenant is going to be performing Premises Improvements therein that would destroy or materially damage such restoration work or that that would result in such restoration work being unnecessary. If the discovery of any asbestos, lead or other hazardous materials or any Asbestos Removal Work or Abatement Work delays the performance of the Premises Improvements by Tenant, then the Tenant’s Delivery Date shall be extended to the extent of any such delays. 3. Landlord shall tender possession of the Premises to Tenant in sound structural condition. If Tenant discovers that the Premises are not sound structural condition after the date that Landlord tenders possession of the Premises to Tenant, Landlord and Tenant will promptly meet and confer in order to determine what must be done to remedy such issue and Landlord agrees that any such issue will be remedied by Landlord (the “Structural Remedial Work”), at Landlord’s sole cost and expense, promptly after discovery. Notwithstanding the forgoing, if the parties determine when they meet and confer that the Premises Improvements that Tenant has not yet performed will impact the area that would be affected by the Structural Remedial Work and, as a result it would make sense for Tenant to perform such work, then such Structural Remedial Work will be performed by Tenant on Landlord’s behalf and at Landlord’s sole cost and expense. Landlord shall repay Tenant for any costs incurred by Tenant in connection with the Structural Remedial Work performed by Tenant as such costs are incurred by Tenant, provided that Landlord shall not required to disburse any portion of such costs until the date that is 30 days after the submission to Landlord of invoices with respect to such costs and provided further that Landlord shall not be required to make such disbursements more than once in any calendar month. If the Structural Remedial Work is performed by Landlord, Landlord will restore the area affected thereby, except to the extent that Tenant is going to be performing Premises Improvements therein that would destroy or materially damage such restoration work or that would result in such restoration work being unnecessary. If the discovery of any structural issues or any Structural Remedial Work delays the performance of the Premises Improvements by Tenant, then the Tenant’s Delivery Date shall be extended to the extent of any such delays. 4. The work that comprises the LCO shall be performed by Landlord, at Landlord’s sole cost and expense, and shall be coordinated with the construction of the Premises Improvements so that all construction can take place in an efficient and orderly manner and all the work that comprises the LCO shall be completed prior to Tenant’s commencement of the Premises Improvements. The LCO shall include the work more fully described on Exhibit F and any work identified as part of the LCO in this Agreement. B. PERFORMANCE OF LANDLORD IMPROVEMENTS: The date upon which the Landlord substantially completes the LCO and delivers the New Premises to Tenant shall be defined herein as “Landlord’s Delivery Date”. From and after the Landlord’s Delivery Date, any reference in this Lease to the Premises shall be deemed to be a reference to the New Premises. Subject to Force Majeure and any Tenant delays, Landlord shall use due diligence and commercially reasonable efforts to ensure that Landlord’s Delivery Date shall occur no later than January 1, 2014. If Landlord needs an additional 3 months to complete the LCO and upon written notice to Tenant, Landlord shall indicate the new Landlord’s Delivery Date. If the 717 of 994 NGEDOCS: 2064579.8 13 Landlord wishes to extend the Landlord’s Delivery Date beyond 3 months, then Landlord will have to provide its progress towards completion of the LCO and a punch list of remaining items, provided that Landlord may not extend Landlord’s Delivery Date more than an additional 3 months, plus such additional time as may reasonably be required for Landlord to perform any work to be performed by Landlord pursuant to Section 6[A][2] and [3]. If Tenant requests and is granted additional time to raise the Cash Contribution to June 30, 2014 as indicated below in Section 8[A][3][a], then Landlord’s Delivery Date shall also be adjusted to June 30, 2014. 1. All architectural plans, diagrams, specifications and other data necessary for LCO shall be produced by Landlord at its sole cost and expense (the “Landlord’s Plans”). 2. Landlord shall construct the LCO free from any and all hazardous substances, including but not limited to free from asbestos containing materials. Landlord shall perform all work outlined in Exhibit F and performed in compliance with all applicable laws, codes and regulations. 3. Landlord Finish. Following Landlord’s Delivery Date, Tenant shall have full and unrestricted access to the Premises for the purpose of performing the Premises Improvements pursuant to Tenant’s Plans. As a requirement of Landlord’s delivery of the LCO in a state of “substantial completion” (defined in Paragraph 6(D) below), Landlord shall provide Tenant with no less than ten (10) days prior written notice that it is delivering the LCO. Landlord shall coordinate inspecting the LCO with Tenant to develop punch list items to be completed by Landlord within a commercially reasonable time. As used herein, the term “punch-list items” shall mean details of construction, decoration and mechanical adjustment which, in the aggregate, are minor in character and do not materially adversely affect Tenant’s ability to perform the Premises Improvements or to operate in the Premises. Landlord shall construct the LCO in compliance with all federal, state and local laws and regulations. 4. Landlord Construction Indemnification. Landlord hereby indemnifies, defends and holds Tenant and Tenant’s shareholders, officers, directors, employees and agents harmless from and against any costs, claims, expenses (including, without limitation, reasonable attorney’s fees) or liabilities resulting from any injury or death of any person or persons or any damage to property that arises from or relates to the LCO work performed by Landlord in the Premises and in the construction of the Property and Building if the same are caused by negligence, gross negligence or willful misconduct of Landlord or its contractors or other parties participating in the construction of the LCO. This provision shall expressly survive the termination or expiration of this Lease. C. COORDINATION OF WORK: If Landlord and Tenant mutually determine that it is possible for Tenant to commence any portion of Premises Improvements prior to Landlord’s Delivery Date, Tenant may, at its option, commence Premises Improvements prior to the full satisfaction of Landlord’s Delivery Requirements. Landlord and Tenant shall mutually cooperate with each other in order for Landlord to satisfy Landlord’s Delivery Requirements; provided, however, the foregoing shall not be deemed to obligate Landlord to execute any document or consent whereby Landlord would incur any obligation or liability in connection with the Premises Improvements. D. SUBSTANTIAL COMPLETION: For purposes of this Lease “substantially complete” and/or “substantial completion” shall be defined as the completion of Premises 718 of 994 NGEDOCS: 2064579.8 14 Improvements to the extent that Tenant can commence performance of Tenant’s business in all material respects and to the extent that the remaining items to be completed are only minor punch list items and that such minor punch list items shall not impair or prevent Tenant from obtaining a certificate of occupancy or other such similar document permitting Tenant to open in the Premises for the Permitted Use, following the completion of the Premises Improvements. SECTION 7. TENANT IMPROVEMENTS A. SITE PLAN: All interior improvements to the Premises which are required for Tenant’s Permitted Use and which are not part of LCO or as otherwise specifically set forth in this Lease as Landlord’s obligation shall be deemed “Premises Improvements.” The performance of Premises Improvements shall be done at Tenant’s sole cost and expense in accordance with Tenant’s Site Plan. All architectural plans, specifications, diagrams, and other data necessary for the completion of the Premises Improvements are will be paid by the Tenant with no right of reimbursement by Landlord. Tenant represents, covenants and agrees, that it shall perform all site work to develop the Premises consistent with the terms of this Lease and the Site Plan. Notwithstanding any provision contained herein to the contrary, in the event of any conflict between the provisions of Exhibit C and the terms of this Lease, Exhibit C shall prevail. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to perform the Premises Improvements if Section 3 (B)(2) is applicable or Landlord does not grant Tenant the Loan. B. TENANT CONSTRUCTION OBLIGATIONS: 1. Premises Improvement Commencement Date. Tenant hereby agrees that on or prior to the date that is thirty (30) days after Tenant’s receipt of Tenant’s Contribution (defined in Section 8(A)(3) below), Tenant shall submit Tenant’s Plans and building specifications to the City of Evanston Permit Division and use due diligence and commercially reasonable efforts to obtain its Permits. Neither party’s approval of the other party’s plans shall create responsibility or liability on the part of such approving party for the completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities of such plans. Tenant shall provide at least 90 days’ notice to Landlord of its intention and ability to start the Premises Improvements, to allow Landlord adequate time to relocate tenants to existing spaces within the Property and also provide the other NCAC tenant’s time to relocate to another space outside of the NCAC. 2. Changes to Approved Plans. No material modifications or alterations in the Site Plan (except those with a value of less than $1,000.00) shall be made without the express written consent of the Landlord. The Tenant shall distribute a copy of all plans submitted for permit for review and comment, including all engineering, electrical, plumbing, and signage plans. 3. Premises Improvements Delivery Date. Tenant shall reconstruct and develop the Premises Improvements free from any and all hazardous substances, including but not limited to free from asbestos containing materials. Tenant shall perform all work in accordance with applicable laws. The date upon which the Tenant “substantially completes” (defined in Paragraph 6(D)), the Premises Improvements shall be defined herein as “Tenant’s Delivery Date”. Subject to Force Majeure and any Landlord delays (including, without limitation, any failure by Landlord to relocate the basement or second floor tenants within the ninety [90] day period required under 719 of 994 NGEDOCS: 2064579.8 15 Section 7[B][9]), Tenant shall use due diligence and commercially reasonable efforts to ensure that Tenant’s Delivery Date shall occur no later than December 31, 2015, provided that, in addition to extensions to reflect delays in completion of the Premises Improvements caused by Force Majeure or Landlord delays, such date shall be extended by one (1) day for (a)each day beyond January 1, 2014 until the Landlord’s Delivery Date occurs (if the Landlord’s Delivery Date does not occur on or prior to January 1, 2014); and (b) each day that Landlord does not disburse Loan proceeds when due and payable to Tenant under this Agreement. Subject to Force Majeure and any Landlord delays, if Tenant’s Delivery Date does not occur on or prior to June 30, 2016, such failure shall be considered an event of default of this Lease, provided that, in addition to extensions to reflect delays in completion of the Premises Improvements caused by Force Majeure or Landlord delays, such date shall be extended by one (1) day for (i) each day beyond January 1, 2014 until the Landlord’s Delivery Date occurs (if the Landlord’s Delivery Date does not occur on or prior to January 1, 2014 or June 30, 2014, if the LCO is extended because Tenant is granted additional time to raise the Cash Contribution to June 30, 2014) and (ii) each day that Landlord does not disburse Loan proceeds when due and payable to Tenant under this Agreement. However, if Tenant on or before December 31, 2015, provides written notice to Landlord prior to the Tenant’s Delivery Date of a request for an extension, Landlord shall grant Tenant an additional 6 months to complete construction if Tenant provides a reasonable basis for delay and a punch list of remaining items to complete. In the event that the Tenant cannot cure the default with the extension, the Landlord may finish the construction at the Tenant’s expense and add the reasonable costs of said construction to the then current balance of the Loan. However, Landlord is under no obligation to complete the construction of the Premises Improvements. 4. Acceptance of the Premises by Landlord. Tenant shall construct the improvements in compliance with all federal, state and local laws and regulations. On the Tenant’s Delivery Date, a designated representative from Landlord and Tenant shall meet at the Premises and write a list of punch-list items. If the punch-list items are not completed within thirty (30) days after the Delivery Date, Landlord shall send written notice of the remaining items and if they are not completed in fifteen (15) days, Landlord may complete the items on the punch list and invoice the cost to Tenant incurred by Landlord. 5. Tenant Construction Indemnification. Subject to Section 15(E), Tenant indemnifies, defends and holds Landlord and Landlord’s shareholders, officers, directors, employees and agents harmless from and against any costs, claims, expenses (including, without limitation, reasonable attorney’s fees) or liabilities resulting from any injury or death of any person or persons or any damage to property that arises from or relates to any and all work performed by Tenant in the Property if the same are caused by negligence, gross negligence or willful misconduct of Tenant, its contractors, and other parties participating in the construction of the Premises Improvements. This provision shall expressly survive the termination or expiration of this Lease. 6. Fixtures. All trade fixtures and equipment installed by Tenant in or on the Premises (including furniture, satellite communication dish and equipment, registers, other equipment, shelving and signs) shall remain the property of Tenant and Tenant may remove the same or any part thereof at any time prior to or at the expiration or earlier termination of this Lease. Tenant shall repair at its own expense any damage to 720 of 994 NGEDOCS: 2064579.8 16 the Property caused by the removal of said fixtures or equipment by Tenant. This provision shall expressly survive the termination or expiration of this Lease. 7. Construction Performance. Tenant acknowledges that the other NCAC Tenants will be impacted by the construction and Tenant will use all reasonable efforts and to the extent practicable in accordance with standard construction procedures to remove all construction debris, materials and dirt from the Common Facilities area. In addition, Tenant will abide by the City of Evanston’s noise ordinance and perform construction activities during the appropriate time periods permitted. Lastly, Tenant will use appropriate materials to erect a barrier between the Premises and the remainder of the Property during the period of construction. 8. Certificate of Occupancy. Prior to the date Tenant opens the Premises for business to the general public, Tenant shall be responsible, subject to the provisions hereof, for obtaining a certificate of occupancy for the Premises. If, upon the completion of Premises Improvements (as defined herein), a certificate of occupancy is not issued due to: (i) incomplete or incorrect items of Landlord’s Work; or (ii) related to any violations arising prior to the Effective Date or open permits at the Property which are unrelated to Premises Improvements or Tenant’s Permits; or (iii) non-compliance of the Property or any portion thereof (other than any Premises Improvements or any portion that is Tenant’s responsibility to repair and maintain) with applicable laws, codes and regulations, then, in such event, Landlord will correct the same and the Rent Commencement Date and the Repayment Start Date (as defined in Section 8[A][2]) will be delayed for a number of days equal to the number of days that Tenant is delayed from opening for business by reason thereof (provided Tenant shall give written notice of such impossibility upon the occurrence thereof). A “certificate of occupancy” shall mean a certificate of occupancy or any equivalent documentation which confirms that Landlord’s Work and Premises Improvements, as applicable, has been completed and that the Premises are available for Tenant to take possession, fixture, merchandise and open for business. 9. Basement NCAC Tenants. Tenant shall provide the Landlord with at least 90 days’ written notice of its intention to occupy the basement of the NCAC during the period of construction for the Tenant Improvements. Landlord will ensure that all basement tenants and their personal property and equipment in the construction area is removed, except for equipment which is attached to the Property, and that the basement will be vacated within the 90 day time frame prior to construction. After the basement tenants have vacated the applicable construction area, Tenant shall be permitted access to the basement for construction. Tenant shall use all reasonable efforts to finish its construction in the basement area as soon as practicable. Tenant shall provide Landlord notice that Tenant no longer needs to occupy the basement of the NCAC for construction and the tenants can return for use of the Property. If Tenant needs access to the basement after the basement tenants return for additional construction related activities, Landlord will make arrangements to provide access as reasonably required. Tenant shall exercise due care to not damage any remaining equipment or fixtures in the basement during its use of the basement during construction of the Tenant Improvements. 721 of 994 NGEDOCS: 2064579.8 17 SECTION 8. OVERVIEW OF TENANT IMPROVEMENT COSTS A. TENANT CONSTRUCTION COST: 1. The Parties estimate that the total cost of the Premises Improvements will be $3,550,000 (Three Million Five Hundred Fifty Thousand Dollars) (the “Total Cost of Premises Improvements”). The Tenant will be constructing the Premises Improvements. The financing of the Premises Improvements will be done through a combination of Tenant fundraising, private financing (at Tenant’s option) and City financing as a loan to the Tenant (the “Loan” or the “Landlord’s Loan”), as more fully described hereafter. 2. Landlord’s Loan: (a) The Landlord’s Loan is estimated to be approximately 62% of the Total Cost of Premises Improvements. The funding of the Landlord’s Loan to the Tenant is in the amount of up toLandlord’s Loan will be up to, but not exceed, a total of $2,200,000.00 (Two Million Two Hundred Thousand and no/100 Dollars) (the “Maximum Loan Amount”), together with interest at the fixed rate of 2.0% per annum (the “Interest Rate”), which the Tenant agrees to pay with respect to the unpaid outstanding principal amount of the Loan commencing on the Repayment Start Date until the Loan has been paid in full; interest shall not be payable and the Loan will not accrue interest until the second anniversary of the Tenant Work Completion Date [subject to further negotiation].. The Loan shall be contingent upon the Tenant obtaining the Tenant Improvement Cash. Tenant will also obtain funding for the balance of the cost of the construction of the Premises Improvements in excess of the Landlord’s Loan and the Tenant Improvement Cash. The Tenant will commence payments on the date (the “Repayment Start Date”) that is 2 (two) years after construction of the Premises Improvements is completed (the “Tenant Work Completion Date”), provided that if the Repayment Start Date is not the first day of the calendar month, then the Repayment Start Date will be delayed until the next date that is the first day of a calendar month. The Landlord’s Loan will be secured by the fixtures, equipment, and personal property that the Landlord’s Loan will fund and the City will file a UCC Financing Statement against said items with the Illinois Secretary of State, and Tenant hereby consents to such filing. (b) If any Loan Default (as defined in Section 20[A][5]) has occurred and is continuing, Tenant agrees, with respect only to the period when such Loan Default is continuing, to pay interest in respect of the outstanding principal amount of the Loan at a default rate equal to the Interest Rate plus .25% per annum. 3. Tenant’s Total Contribution: The funding to be provided by Tenant in the amount of $1,350,000.00 (One Million Three Hundred Fifty Thousand and no/100 Dollars (the “Tenant’s Contribution”) shall be raised by Tenant in the form of a combination of cash, pro bono commitments, pledges, and private bank financing (at Tenant’s option). (a) Cash Contribution: While all categories are recognized as significant and substantial towards the success of the project, Tenant is obligated 722 of 994 NGEDOCS: 2064579.8 18 to have raised $355,000.00 (Three Hundred Fifty Five Thousand Dollars and no/100) in cash pursuant to the time restrictions outlined in Section 3[B][1] (the “Cash Contribution”). It is Tenant’s intent to have all of the other elements of the Tenant’s Contribution in place no later than December 31, 2014, and such elements must be in place prior to completion of construction of the Premises Improvements. (b) Premises Improvements Timeline: Once Tenant has obtained the Cash Contribution, Tenant will so inform Landlord with written documentation for Landlord’s review, and Landlord will provide the funding of Landlord’s Loan in draws in accordance with the Local Government Prompt Payment Act, 50 ILCS 505/1 et seq., as detailed below, not more than 30 days after receipt of such notice and independent review of the proof of the Cash Contribution. Tenant will provide Landlord with a schedule of dates, in accordance with this Agreement, to summarize the construction schedule for the process to complete the improvements (the “Premises Improvements Schedule”). (c) Subordination. As described above, Landlord shall provide Tenant with Landlord’s Loan to contribute to the cost of construction of the Premises Improvements. Landlord’s Loan shall be subordinated to the private financing to be obtained by Tenant and Landlord will execute any reasonable documentation establishing such subordination. Tenant acknowledges and agrees that the private lender cannot secure its loan with a mortgage against the Property, nor will the City guaranty the private financing to Tenant. 4. Payments: (a) Commencing on the fifteenth day of the month containing the Repayment Start Date and on the fifteenth day of each month thereafter; Tenant shall remit payment in equal monthly installments for eight (8) years (the “Initial Eight Years”) and each such monthly payment shall be applied first to interest and any remainder of each such monthly payment shall be applied to principal. Each monthly payment shall be Four Thousand One Hundred Sixty-Six and 67/100 Dollars ($4,166.67). (b) Commencing on the fifteenth day of the month following the Initial Eight Years and on the fifteenth day of each month thereafter; Tenant shall make payments of principal and interest in equal monthly installments based on the Interest Rate and the daily principal balance of the Loan based upon an amortization schedule of twenty (20) years such that the remaining balance of the Loan shall be paid in full 20 years thereafter. (c) For purposes of illustration only, a Loan repayment schedule is attached as Exhibit G, such schedule assumes a repayment start date of January 1, 2017. The parties will revise the illustrative Loan repayment schedule once the actual Repayment Start Date is known. [Subsection will be further amended following negotiation] 5. Pre-payments. The Tenant may prepay the Loan, in whole or in part, at any time and from time to time, without premium or penalty. 723 of 994 NGEDOCS: 2064579.8 19 6. Interest. Interest payable on the Loan shall be calculated on the basis of the actual days elapsed in a 360-day year. 7. Making of Payments. All payments of principal of, or interest on, the Loan shall be made in Dollars and in immediately available funds to Landlord at its principal office at 2100 Ridge Avenue, Room 4000, Evanston, Illinois, Attn: Hitesh Desai. All such payments shall be made not later than 5:00 pm on the due date and funds received after that hour shall be deemed to have been received by the Landlord on the next following Business Day. 8. Conditions To Effectiveness. The obligation of the Landlord to make any disbursement of Loan proceeds (an “Advance”) under the Loan shall not become effective until the date on which the following conditions are satisfied (or previously waived in writing by Landlord): (i) no event of default shall exist hereunder and (ii) Tenant obtaining the Tenant Construction Cash. 9. Advances. (a) On the Tenant Work Completion Date, if all of the conditions in Section 8[A][8] have been satisfied, Landlord shall make an initial advance (the “Initial Advance”) to Tenant in an amount equal Tenant’s project-related costs (including, without limitation, Tenant’s construction costs and costs incurred by Tenant to prepare plans and specifications and other soft costs) incurred prior to the Tenant Work Completion Date with respect to the Premises. In addition to the other requirements set forth in this Agreement, prior to and as a condition of the making of any Advance by Landlord under this Agreement, other than the Initial Advance, Tenant shall submit (i) a draw request (a “Draw Request”), executed and acknowledged by Tenant’s general contractor for the Premises Improvements (the “General Contractor”), reflecting the nature and extent of all work done, indicating the state to which construction has progressed, and with the General Contractor’s certification that all work has been done and materials installed in substantial compliance with the Final Improvement Plans (as defined in Section 8[B][2]), (ii) a duly executed and acknowledged lien waiver in form acceptable to Landlord (acting reasonably) from the General Contractor for the payment requested on the above-described payment application, and (iii) invoices or proof as to payment of construction bills and approved project-related costs not listed on the payment application described above. (b) Tenant shall submit such inspection reports, statements showing itemization of present and prospective expenditures, a statement of items due and unpaid, and a list of items necessary for completion, as reasonably requested by Landlord and such other items as Landlord reasonably may require to establish the progress of construction; Landlord may elect to inspect the Premises and the Premises Improvements from time to time and at all reasonable times during construction. Tenant will permit Landlord and its representatives and agents to enter upon the Premises and to inspect the Premises Improvements and all materials to be used in the construction thereof and to cooperate and cause any contractor or sub-contractor to cooperate with Landlord and its representatives and agents during such inspections. 724 of 994 NGEDOCS: 2064579.8 20 (c) Landlord, in its reasonable discretion, must have approved in advance any change order included in the above-described payment application that (i) would affect the structural integrity of the Premises or (ii) increase the contract amount by more than $100,000 in the aggregate for all changes in one month. If a request for an Advance includes the cost of stored materials, (i) such materials must actually be or have been delivered and stored at the construction site and be covered by the General Contractor’s builder’s risk policy or (ii) Tenant must provide a copy of the certificate of insurance for a bonded warehouse in which such materials are stored. (d) Before making the final Advance, Landlord may require Tenant to provide a duly-executed and acknowledged final lien waiver and release from the General Contractor. 10. Timing of Advances. Landlord shall have no obligation to make Advances more frequently than once per month. Landlord must receive all materials described in Section 8[A][9][a] and [b] no later than the last day of each month. Landlord shall have until the 30th day of the following month to make such Advance; provided, however, that Landlord reserves the right to require reasonable additional tim e if reasonably necessary for Landlord or its representatives to inspect satisfactorily the work completed to date. 11. Method of Making Advances. Upon receipt of a Draw Request and compliance by Tenant with all the applicable terms and conditions set forth in this Agreement, Landlord will advance funds to Tenant in accordance with the progress of construction and the value of the Premises Improvements (not to exceed their cost) and other approved project-related costs (which shall include, without limitation, all construction costs, including soft costs, permit costs and other related costs), as reasonably determined by Landlord. Each Advance shall be made only for improvements that have actually been made and are in accordance with the requirements of Landlord for making an Advance and other project related costs. In no event will Landlord disburse funds in excess of Tenant’s costs or fees. Landlord has the right to reject and require to be replaced or repaired any material or work that is not in substantial compliance with the Final Improvement Plans and no Advance shall be made for such rejected work, until it is corrected. Tenant shall furnish to Landlord from time to time, whenever reasonably requested, itemized statements showing prospective expenditures, expenditures due and unpaid, and items necessary for completion, and will support such statements with receipted bills, affidavits, lien waivers, and/or reasonable evidence reasonably satisfactory to Landlord. B. COMMENCEMENT OF DISTRIBUTION OF LANDLORD’S LOAN: The Loan funds shall NOT be paid out until: 1. City of Evanston Council has approved this Agreement (which will occur before the parties execute and deliver this Agreement); 2. This Agreement is executed; 3. The preliminary Site Plan attached as Exhibit C is finalized and accepted by both Parties (the “Final Improvement Plans”), provided that if Landlord approves a change to such plans (which approval shall not be unreasonably withheld), the Final 725 of 994 NGEDOCS: 2064579.8 21 Improvement Plans shall be deemed to incorporate such change. The parties agree that Landlord’s Loan funds shall be disbursed to Tenant in accordance with Section 8[A] of this Agreement. The parties agree that the Final Improvement Plans will include the following for review by the Landlord: schematic drawings, time frames for completion, value of improvements; and, 4. Tenant has secured cash contributions of at least $355,000.00 (Three Hundred Fifty Five Thousand Dollars and no/100). SECTION 9. SIGNS Tenant may apply for signage for the exterior and interior of the Premises, at its own expense, in order to conduct the business of Tenant. Tenant acknowledges that there are limitations from the City of Evanston Municipal Code of 2012, as amended, and the Code governs the application process and the details regarding size, type, and number of signs and Tenant agrees to be bound by such ordinances. Landlord cannot make representations in a lease agreement that Tenant shall be entitled additional signage, a certain number of signs and/or dimensions of proposed signage, because the Tenant must make an application to the Sign Review Board, as provided by Code, but Landlord will not withhold its consent to a reasonably sized sign over the new entrance to the Premises. SECTION 10. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS Except as provided by Illinois law and except to the extent arising from the negligence or intentional misconduct of Landlord or its agents, employees or contractors, or from the breach of this Lease by Landlord, Landlord will not be liable to Tenant for any damage or injury to Tenant or Tenant’s property occasioned by the failure of Landlord to keep the Premises in repair, and shall not be liable for any injury done or occasioned by wind or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pipes or steam pipes, or from broken stairs, porches, railings or walks, or from the backing up of any sewer pipe or down- spout or from the bursting, leaking or running of any tank, tub, washstand, water closet or waste pipe, drain, or any other pipe or tank in, upon or about the Premises or the building of which they are a part nor from the escape of steam or hot water from any radiator, nor for any such damage or injury occasioned by water, snow or ice being upon or coming through the roof, skylight, trap door, stairs, walks or any other place upon or near the Premises, or otherwise, nor for any such damage or injury done or occasioned by the falling of any fixture, plaster, or stucco, nor for any damage or injury arising from any act, omission or negligence or co-tenants or of other persons, occupants of the same building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property, or of Landlord’s agents or Landlord, all claims for any such damage or injury being hereby expressly waived by Tenant. Notwithstanding the foregoing, if any portion of the Premises unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental and Loan payment will be equitably reduced (and the Loan payment allocable to the period when the Premises are unusable shall be waived and forever forgiven by Landlord) in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. SECTION 11. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT 726 of 994 NGEDOCS: 2064579.8 22 A. USE OF PARTIALLY DAMAGED PREMISES: On damage or destruction by a casualty to the Premises, Tenant will continue to use them for the operation of its business to the extent practicable B. RIGHT TO TERMINATE ON DESTRUCTION OF TWO-THIRDS OF PREMISES: Either Party will have the right to terminate this Agreement if, the Premises is damaged by a casualty to an extent exceeding two-thirds of the reconstruction cost of the Premises as a whole. If such damage occurs, this Agreement will be affected by written notice to the other Party, delivered within 90 days of the damage. C. REPAIRS BY LANDLORD: If the Premises are damaged or destroyed by a casualty before or after the start of the Agreement, then Landlord will immediately, on receipt of insurance proceeds paid in connection with casualty damage, but no later than sixty days after damage has occurred, proceed to repair the premises. Repairs will include any improvements made by Landlord or by Tenant with Landlord’s consent, on the same plan and design as existed immediately before the damage occurred, subject to those delays reasonably attributable to governmental restrictions or failure to obtain materials, labor or other causes, whether similar or dissimilar, beyond the control of Landlord. Materials used in repair will be as nearly like original materials as reasonably procured in regular channels of supply. Wherever cause beyond the power of the party affected causes delay, the period of delay will be added to the period in this lease for completion of the work, reconstruction or replacement. D. REDUCTION OF RENT/LOAN DURING REPAIRS: If a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental and Loan payment will be equitably reduced (and the Loan payment allocable to such portion of the Premises for the period when such portion of the Premises are unusable shall be waived and forever forgiven by Landlord) in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage No rent (or Loan payment) will be payable while the Premises is wholly unoccupied pending the repair of casualty damage (and such Loan payment shall be forgiven in accordance herewith). E. FIRE AND CASUALTY. If the Premises are entirely destroyed by fire or another act of God, and Landlord elects to not rebuild the Premises, then this Agreement shall be terminated effective as of the date of the casualty. SECTION 12. REPAIRS AND MAINTENANCE Except to the extent any of the following is Landlord’s obligation pursuant to Section 4(A), Tenant shall keep the interior, non-structural portions of the Premises in a clean condition, and in good repair, all according to the statutes and ordinances in such cases made and provided, and the directions of public officers thereunto duly authorized, all at Tenant’s own expense, and shall yield the same back to Landlord, upon the termination of this Agreement, whether such termination shall occur by expiration of the term, or in any other manner whatsoever, in the same condition of cleanliness and repair as at the date of the execution hereof, loss by fire and reasonable wear and tear excepted. Except to the extent any of the following is Landlord’s obligation pursuant to Section 4(A), Tenant shall make all necessary repairs and renewals upon Premises and replace broken fixtures with material of the same size and quality as that broken. If, however, the Premises shall not thus be kept in good repair and in a clean condition by Tenant, as aforesaid, Landlord may enter the same, or by Landlord’s agents, servants or employees, without such entering causing or constituting a termination of 727 of 994 NGEDOCS: 2064579.8 23 this Agreement or an interference with the possession of the Premises by Tenant, and Landlord may replace the same in the same condition of repair and cleanliness as existed at the date of execution hereof, and Tenant agrees to pay Landlord, in addition to the rent hereby reserved, the expenses of Landlord in thus replacing the Premises in that condition. Tenant shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. Tenant will also be in compliance with all laws and regulations during the entire term of this Agreement, except for repairs required of the Landlord to be made and damage occasioned by fire, hurricane or other causes as provided for in this Agreement. SECTION 13. UTILITIES Landlord agrees to pay before delinquency all charges for gas, water, heat, electricity, power and other similar charges incurred by Landlord or Tenant with respect to the Premises or the Property during the Term of this Agreement and Tenant’s occupancy of the Premises. SECTION 14. TAXES If applicable, Tenant will pay before delinquency all taxes levied on Tenant’s fixtures, equipment and personal property on the demised Premises, whether or not affixed to the real property. Landlord will pay all real estate taxes for the Property. SECTION 15. INSURANCE A. INSURANCE COMPANIES: It is agreed that any policies of insurance to be maintained by the respective parties will be obtained from good and solvent insurance companies. Only companies with an “A” Policyholder’s Rating with the Alfred Best Company will be acceptable. B. TENANT TO OBTAIN LIABILITY INSURANCE: Tenant agrees that it will, at its expense, maintain a policy of insurance, written by responsible insurance carriers, approved by Landlord that will insure Tenant against liability for injury to or death of persons or damage to property occurring about the Premises. Landlord will be named as an additional insured. The liability under insurance will be at least $1 million for any one person injured or killed or any one occurrence, $2 million general aggregate coverage for any one accident, and $ 100,000.00 property damage. Tenant will obtain an endorsement and Certificate of Insurance naming the Landlord as an additional insured from Tenant’s carrier (during the term of the Lease, including Premises Improvement construction) and all contractors during the construction of the Premises Improvements and any other renovation or construction at the Premises. C. TENANT TO OBTAIN WORKER’S COMPENSATION INSURANCE: Tenant agrees to maintain employees’ Worker’s Compensation insurance required under Illinois law. D. TENANT TO OBTAIN INSURANCE ON FIXTURES AND EQUIPMENT: The Tenant agrees to maintain on all trade fixtures and personal property in the Premises, a policy of insurance approved by the Landlord of at least __90__% of the insurable replacement value of all trade fixtures and personal property. E. LANDLORD TO OBTAIN FIRE INSURANCE ON PREMISES: Landlord agrees to maintain during this Agreement, a policy of property insurance covering any peril generally 728 of 994 NGEDOCS: 2064579.8 24 included in the classification ISO Causes of Loss – Special Form (a “Special Form Policy”) and covering at least __80__% of the full replacement cost of the Premises and Property. If permitted without additional charge, Landlord will cause to be endorsed on its property insurance, and any extended coverage policy or policies, the waiver of right of subrogation. Landlord hereby agrees to waive any claims against Tenant and its agents and employees to the extent the same could be covered by a Special Form Policy. F. TENANT’S WAIVER OF CASUALTY INSURANCE PROCEEDS: If the Premises are damaged by fire or other casualty insured against, Tenant agrees to claim no interest in any insurance settlement arising out of any loss where premiums are paid by Landlord, or where Landlord is named as sole beneficiary, and that it will sign all documents required by Landlord or the insurance company necessary in connection with the settlement of any loss. G. CONTROL OF INSURANCE PROCEEDS TO AVOID TAXABLE GAIN: If the Premises, including any improvements, were to be damaged in any manner, and the receipt of any insurance proceeds or other reimbursement for such damage would result in the realization of taxable gain for federal or state purposes, then the party to whom the gain would be taxed will have the right to take all action respecting proceeds or reimbursements necessary to enable party to comply with any regulations of the appropriate taxing authorities, so that the gain will not be recognized for tax purposes. Nothing here will be construed to entitle Landlord to delay any repairs to any part of the improvements in the event of damage. H. TENANT’S FAILURE TO INSURE: Should Tenant fail to keep in effect and pay for insurance as required by this section and then fail to cure such failure within ten (10) days after notice from Landlord, the Landlord may terminate this Lease immediately. SECTION 16. SUBLETTING; ASSIGNMENT The Tenant shall be allowed to sublet a portion of the Premises to another entity or individual(s) (“Sub-Tenant”) for a period of 6 months or less and Tenant does not need the Lessor’s consent. If the Tenant seeks to sublet a portion of the Premises to a Sub -Tenant for a period of time greater than 6 months, then the Tenant must be have the written consent of the Landlord and such consent shall not be unreasonably withheld. For all subleases, the Tenant shall obtain a certificate of insurance from the Sub-Tenant prior to commencement of the sublease, naming the City of Evanston as an additional insured for the period of occupancy. If Tenant, or any one or more of the Tenants, if there be more than one, shall make an assignment for the benefit of creditors, or shall file for bankruptcy protection, Landlord may terminate this Agreement, and in such event Tenant shall at once pay Landlord a sum of money equal to the entire amount of rent reserved by this Agreement for the then unexpired portion of the term hereby created as liquidated damages. At Landlord’s option, should Landlord consent to any assignment or sublease of the demised Premises, Tenant shall nevertheless remain liable for all terms and conditions of this Agreement until the expiration of the Agreement term stated above. SECTION 17. SURRENDER OF PREMISES; HOLDING OVER Tenant will, at the termination of this Lease, leave the Premises in as good condition as they are in at the time of entry by Tenant, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Tenant. On vacating, Tenant will leave the Premises clear of all rubbish and debris. If Tenant retains possession of the Premises or any part thereof 729 of 994 NGEDOCS: 2064579.8 25 after the termination of the term by lapse of time or otherwise, then Landlord may at its option within thirty days after termination of the term serve written notice upon Tenant that such holding over constitutes the creation of a month to month tenancy, upon the terms of this Agreement. Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenant. The provisions of this paragraph shall not constitute a waiver by Landlord of any right of re-entry as hereinafter set forth; nor shall receipt of any rent or any other act in apparent affirmation of tenancy operate as a waiver of the right to terminate this Agreement for a breach of any of the covenants herein. SECTION 18. INDEMNIFICATION AND LIENS A. LIENS AND ENCUMBRANCES: The Tenant will hold the Landlord harmless from all claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of any work or activity of Tenant on the Premises. Tenant will, within sixty (60) days after filing of any lien, fully pay and satisfy the lien and reimburse Landlord for all resulting loss and expense, including a reasonable attorney’s fees. Provided, however, in the event that Tenant contests any lien so filed in good faith and pursues an active defense of said lien, Tenant shall not be in default of this paragraph. However, in the event of any final judgment against Tenant regarding such lien, Tenant agrees to pay such judgment and satisfy such lien within 60 days of the entry of any such judgment. B. DISCHARGE OF LIEN: If Tenant fails to fully discharge any claim, lien, claim of lien, demand, charge, encumbrance, or litigation, or should proceedings be instituted for the foreclosure of any lien or encumbrance, and if judgment is rendered against Tenant either by a court of competent jurisdiction or by arbitration and Tenant still persists in non-payment of the same within the 60 days set forth above, Landlord will have the right at any time after expiration of the 60-day period, to pay the lien or encumbrance. All amounts so paid will be repaid by the Tenant on demand, together with interest at the rate of __10__% per year from the date of payment and shall be considered additional rent owed to Landlord by Tenant. C. INDEMNIFICATION OF LANDLORD: Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Landlord, or its agents, employees or contractors, or by the breach of this Lease by Landlord, Tenant shall protect, defend, indemnify and save Landlord and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilit ies, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Premises or (ii) any negligence or willful misconduct of Tenant, or its agents, employees or contractors. D. INDEMNIFICATION OF TENANT. Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Tenant, or its agents, employees or contractors, or by the breach of this Lease by Tenant, Landlord shall protect, defend, indemnify and save Tenant and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Common Facilities or (ii) any negligence or willful misconduct of Landlord, or its agents, employees or contractors. SECTION 19. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS 730 of 994 NGEDOCS: 2064579.8 26 Tenant shall allow Landlord or any person authorized by Landlord reasonable access to the Premises during the Business Hours (as defined in Section 3[E]) for the purpose of examining or exhibiting the same, or to make any repairs or alterations thereof which Landlord may see fit to make (provided that Landlord cannot make voluntary alterations or modifications to the Premises without Tenant’s consent). If the Tenant does not exercise the Option to renew the Lease and/or will be vacating the Premises at or prior to the end of the Term, Tenant will also allow Landlord to have placed upon the Premises at all times notices of “For Sale” and/or “For Rent” and Tenant will not interfere with the same. SECTION 20. DEFAULT AND REMEDIES A. EVENT OF DEFAULT: 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 any item of Base Rent at the time and place when and where due and does not cure such failure within five (5) business days after notice to Tenant of such failure; 2. Tenant shall fail to maintain the insurance coverage as set forth herein and does not cure such failure within 10 days after receipt of notice from Landlord; 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 fifteen (15) days after written notice to the Tenant of such failure; 4. Tenant shall make a general assignment the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy; or 5. Tenant shall fail to make any Loan Payment when due hereunder and does not cure such failure within 5 business days after notice to Tenant of such failure (a “Loan Default”). B. OCCURRENCE OF AN EVENT: Upon the occurrence of any event of default, Landlord shall have the option to pursue any one or more of the following remedies subject to the laws of the State of Illinois and the Tenant’s right to cure: 1. Terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord, but if Tenant fails to do so, Landlord may, without further notice and without prejudice to any other remedy Landlord may have for possession or arrearages in rent, pursue the Loan balance at the time of the event of default, or damages for breach of contract, enter upon the Premises and expel or remove and with or without notice of such election or any notice or demand whatsoever, this Agreement shall thereupon terminate and upon the termination of Tenant’s right of possession, as aforesaid, whether this Agreement be terminated or not, Tenant agrees to surrender possession of the Premises immediately, without the receipt of any demand for rent, notice to quit or demand for possession of the Premises whatsoever and hereby grants to Landlord full and free license to enter into and upon the Premises or any part thereof, to take possession thereof with or (to the extent permitted by law) without process of law, and to expel and to remove Tenant or any other person who may be occupying the 731 of 994 NGEDOCS: 2064579.8 27 Premises or any part thereof, and Landlord may use such force in and about expelling and removing Tenant and other persons as may reasonably be necessary, and Landlord may re-possess itself of the Premises, but such entry of the Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue thereof, nor a waiver of any covenant, agreement or promise in this Agreement contained to be performed by Tenant. Tenant agrees to indemnify Landlord for all loss and damage which Landlord may suffer by reason of such lease termination, whether through inability to re-let the Premises, or through decrease in Rent, or otherwise. 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. 3. Pursuit of any of the foregoing remedies shall not preclude pursuit of any other remedy herein provided or available to Landlord at law or in equity, or constitute a forfeiture or waiver of any Rent (or Loan Payments) due hereunder or of any damages suffered by Landlord. C. REPOSSESSION OR RELETTING NOT A TERMINATION; LANDLORD’S RIGHT TO TERMINATE NOT FORFEITED: No repossession, operation or re-letting of the Premises or of fixtures and equipment will be construed as an election by Landlord to terminate this Agreement unless a written notice is given by the Landlord to the Tenant. The Landlord may terminate this Agreement if the Tenant remains in default (beyond any applicable notice and cure period). The acceptance of rent, whether in a single instance or repeatedly, after it falls due, or after knowledge of any breach hereof by Tenant, or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except written waiver, shall not be construed as a waiver of Landlord’s rights to act without notice or demand or of any other right hereby given Landlord, or as an election not to proceed under the provisions of this Agreement. D. TENANT’S OBLIGATION TO PAY DEFICIENCIES: If rentals received by the Landlord from re-letting the Premises under the provisions of this section are insufficient to pay all expenses and amounts due, Tenant will pay any deficiencies to the Landlord on demand and be declared in default for failure to pay. E. LANDLORD’S RIGHT TO PERFORM TENANT’S DUTIES AT TENANT’S COST: If in Landlord’s judgment any default by Tenant will jeopardize the Premises or the rights of Landlord, Landlord may, without notice, elect to cure Tenant’s default and Tenant will reimburse Landlord, with interest, on 10-days’ notice by Landlord to Tenant. F. LANDLORD’S RIGHT TO TERMINATE AGREEMENT: If there is an event of default by Tenant as stated in Paragraph A of this section, Landlord may, without further notice, terminate this Agreement and all interest of Tenant and may take possession of the Premises by legal proceedings. G. LANDLORD’S RIGHT ON TERMINATION TO RECOVER AMOUNT EQUAL TO RENT RESERVED: If this Agreement is terminated by Landlord due to any event of default by Tenant, Landlord will be entitled to recover from Tenant, at termination, the excess, if any, of the rent reserved in this Agreement for the balance of the term over the reasonable rental value of 732 of 994 NGEDOCS: 2064579.8 28 the Premises for the same period. The “reasonable rental value” will be the amount of rental Landlord can obtain as rent for the balance of the term. H. LANDLORD’S REMEDIES CUMULATIVE: All of the remedies given to Landlord in this Agreement or by law are cumulative, and the exercise of one remedy by the Landlord will not impair its right to exercise any other right or remedy. Landlord shall not look to the property or assets of any direct or indirect partner, member, manager, shareholder, director, officer, principal, employee or agent of Tenant in seeking either to enforce Tenant’s obligations under this Agreement or to satisfy a judgment for Tenant’s failure to perform such obligations; and none of such parties shall be personally liable for the performance of Tenant’s obligations under this Agreement. SECTION 21. TENANT OBLIGATIONS TO COMMUNITY AND ASSOCIATION A. NOYES CENTER TENANT’S ASSOCIATION: The Tenant acknowledges and agrees that it has the right to be a member of the Noyes Center Tenant’s Association (the “Association”) formed by the tenants of the Property. The Association will provide advisory guidance and opinions to City staff on many issues, including, tenant responsibilities and duties with respect to the Property and its Common Area. The Association is structured to focus on certain tasks and advise the City on issues such as the following examples: (a) Provide answers to general questions about offerings by Noyes tenants and directions to studios; (b) Review requirements for community service of tenants annually and make recommendations to the City for any additions or changes; (c) Review subleases of tenants; (d) Review proposed annual operating budget for Center and proposed rental increases; (e) Review annual and five year capital improvement program for Center and make recommendations to City on spending priorities; and (f) Review applications of new tenants at Noyes and make recommendations to City on spending priorities. B. FLEETWOOD-JOURDAIN THEATER: 1. The provisions of this subsection shall apply only if the Loan is made and the Premises Improvements are constructed. Fleetwood Jourdain Theatre (“FJT”) is currently, and will remain, a tenant in the Building. Following completion of the Premises Improvements, FJT will be given a private office within Tenant’s office which will be available for use during the Business Hours of the NCAC, at no cost, subject to Force Majeure. The office will be equipped with a phone line and internet service, the costs of which shall be paid by Landlord. Insurance to be provided by FJT, and other matters related to FJT’s use and occupancy of the offices to insure the security and to protect the property of Tenant’s premises, which terms shall be set forth in a license agreement acceptable to Tenant and FJT (each acting reasonably). 2. Tenant will work with FJT to provide them with use of the theater by FJT (it be agreed that FJT may not allow any other party to use the theater) that is part of the Premises Improvements and will develop annual schedule for use of the theater and Tenant agrees that, subject to Force Majeure, it will abide by the time period provided in the plan and govern its schedule accordingly. The use of the theater for up to [to be determined]8 weeks, in the aggregate, in any calendar year will be at no cost to FJT and shall be at such times each day as are mutually acceptable to FJT and the Tenant. Tenant and FJT will cooperate and use reasonable efforts to create a mutually beneficial schedule during the periods of FJT’s free use to prevent the programs of either party from being affected. Without limiting the foregoing, Landlord agrees that Tenant shall 733 of 994 NGEDOCS: 2064579.8 29 not be required to permit FJT to use the theater during the day when Tenant wants to offer classes. FJT’s use of the theater will be in 1 week increment credits. For example, if FJT uses the theater for 3 days during a given week, (Monday – Sunday for purposes of this Section), it shall constitute a week of use towards the 8 weeks of free use. Similarly, if FJT uses the theater on all 7 days during any given week, it will constitute a week of use. 3. Tenant and FJT agree to meet no less than once per calendar year to discuss performance schedules and programs to coordinate use of Tenant’s theater by FJT. However, it is understood that the Tenant’s use of the theater shall have priority but that the Tenant will accommodate the needs of FJT for up to [to be determined] 8 weeks, in the aggregate, in any calendar year (provided that during any such use by FJT, Tenant shall be permitted to use the theater during the day for its classes), subject to the use of the theater by Tenant or other third parties. The Parties agree that the priority of use is: Tenant, FJT for up to [to be determined] 8 weeks, in the aggregate, in any calendar year, (provided that during any such use by FJT, Tenant shall be permitted to use the theater during the day for its classes), and then other third parties. 4. It is agreed that FJT will have priority over other third parties who have not yet contracted for use of the space. In the event FJT uses the theatre space, it will be required to sign a contract for the use of such space which would be substantially the same as those signed by other third parties, provided, however, there will not be a rental charge incurred by FJT for the use of the theatre during any period when FJT has free use of the theater, which shall not exceed up to [to be determined]8 weeks, in the aggregate, in any calendar year. In addition, FJT will be given access to rehearsal and classroom space located within Tenant’s Premises at no cost to FJT during any period when FJT has free use of the theater, provided such space is available as determined by Tenant in its sole discretion. C. COMMUNITY ENGAGEMENT: Tenant will develop reasonable set programs (e.g. donated tickets for certain events, community theater events [including use of theater or other portions of the Premises by other not-for-profit organizations, excluding credit for FJT use], and scholarships) to be a steward for the arts in the community. By December 1, 2013, the Tenant will have an action plan developed to address its community engagement program and review its proposed program in consultation with the City Manager and the NCAC Association. If Tenant does not provide an action plan within the time period provided or provide the community engagement programs established between the parties, the Landlord shall send written notice of default, providing Tenant with 14 (fourteen) days to cure the default. The annual value of the Community Engagement provided by Tenant shall be not less than $8,876 per calendar year (“Minimum Community Engagement”). Any overage provided by Tenant above the Minimum Community Engagement level for either of the prior two (2) years can be applied as a credit to any deficiency for the current calendar year. If Tenant does not provide the Community Engagement in any given calendar year required and does not cure the default within 15 days of written notice, then Tenant shall pay Landlord a fee equal to 15% of the annual rent outlined in the 2011 Lease Agreement ($8,876), less the value of the Community Engagement provided during the calendar year. SECTION 22. REMOVAL OF OTHER LIENS In event any lien upon Landlord’s title results from any act or neglect of Tenant and Tenant fails to remove said lien within thirty (30) days after Landlord’s notice to do so, Landlord 734 of 994 NGEDOCS: 2064579.8 30 may remove the lien by paying the full amount thereof or otherwise and without any investigation or contest of the validity thereof and Tenant shall pay Landlord upon request the amount paid out by Landlord in such behalf, including Landlord’s costs, expenses and reasonable attorney’s fees. If Tenant demonstrates to Landlord that Tenant is contesting the validity of said lien in good faith, then Landlord shall allow Tenant to so contest such lien until either Tenant either abandons such contest or a final verdict is reached in a court of competent jurisdiction. Any amount advanced on behalf of Tenant shall be paid to Landlord by Tenant within 30 days after such advancement is made together with interest at 9% per annum and such amount shall be considered additional rentals (including any overage provided in either of the two [2] immediately preceding years). SECTION 23. REMEDIES NOT EXCLUSIVE The obligation of Tenant to pay the rent (or Loan payments) reserved hereby during the balance of the term hereof, or during any extension hereof, shall not be deemed to be waived, released or terminated, by the service of any five-day notice, other notice to collect, demand for possession, or notice that the tenancy hereby created will be terminated on the date therein named, the institution of any action of forcible detainer or ejectment or any judgment for possession that may be rendered in such action, or any other act or acts resulting in the termination of Tenant’s right to possession of the Premises. The Landlord may collect and receive any rent (or Loan payments) due from Tenant and payment or receipt thereof shall not waive or affect any such notice, demand, suit or judgment, or in any manner whatsoever waive, affect, change, modify or alter any rights or remedies which Landlord may have by virtue hereof. SECTION 24. EXPENSES OF ENFORCEMENT Tenant, if Landlord is the prevailing party, shall pay upon demand all Landlord’s costs, charges and expenses, including reasonable attorney’s fees, agents fees and fees of others retained by Landlord, incurred in enforcing any of the obligations of Tenant under this Agreement, or in any litigation, negotiation or transaction in which Landlord shall, without Landlord’s fault become involved through or on account of any action or omission of Tenant regarding this Agreement. Landlord, if Tenant is the prevailing party, shall pay upon demand all Tenant’s costs, charges and expenses, including reasonable attorney’s fees, agents fees and fees of others retained by Tenant, incurred in enforcing any of the obligations of Landlord under this Agreement, or in any litigation, negotiation or transaction in which Tenant shall, without Tenant’s fault become involved through or on account of any action or omission of Landlord regarding this Agreement. SECTION 25. EMINENT DOMAIN A. MORE THAN 30 PERCENT TAKEN: If 30 percent or more of the Premises are taken for a public or quasi-public use, this Agreement will terminate as of the date of the physical taking, and the Parties will be released from all further liability. B. LESS THAN 30 PERCENT TAKEN: If the taking affects less than 30 percent of the Premises, the Landlord will, with reasonable diligence, proceed at Landlord’s expense to repair the Premises and place them in tenantable condition within 120 days after the date of the actual physical taking. However, if 25% percent or more of the Premises as a whole is taken, the Landlord may elect to terminate this Agreement, notwithstanding that less than 30 percent of 735 of 994 NGEDOCS: 2064579.8 31 the Premises were taken. On termination, the parties will be released from all further liability under this Agreement. C. ABATEMENT OF RENT: During any repair, Tenant will be required to pay only that part of the fixed minimum monthly rental (or Loan payments) as the area of the tenantable Premises remaining during repairs bears to the entire area leased (and such Loan payments or the portion thereof that is not payable in accordance with this Section shall be waived and forever forgiving by Landlord). On completion of repairs, the fixed minimum monthly rental (or Loan payments) will be adjusted in proportion to the repaired area, and Tenant will be required to pay the adjusted fixed minimum monthly rental or Loan payment in accordance this Agreement and the remainder of the Loan payments (attributable to the portion of the Pr emises taken) shall be forever waived and forgiven by Landlord. D. RIGHT TO CONDEMNATION AWARD: Any award made in any condemnation proceeding for the taking of any part of the Premises will be the sole property of Landlord, except that Tenant can make a claim for the unamortized portion of the cost incurred by Tenant for the Premises Improvements. SECTION 26. GOVERNMENTAL INTERFERENCE WITH POSSESSION Except as expressly set forth in Section 25, Tenant will not be released from its obligation should its possession of the Premises be interfered with by adoption of any law, ordinance, resolution, regulation or act of any legal or governmental authority. Further, Tenant will not be released by any order of abatement or judgment preventing use of the premises on the ground that the Premises or the business operated there constitutes a legally recognized nuisance. SECTION 27. PEACEFUL ENJOYMENT Landlord covenants and warrants that it is the owner of the Property and Premises, and that Tenant, on payment of rents and performance of the conditions, covenants, and agreements to be performed by it, may enjoy the Premises without interruption or disturbance. Landlord covenants, represents and warrants that there is no mortgage, deed of trust or similar encumbrance affecting the Property, as of the date hereof. SECTION 28. EFFECT OF WAIVER OF BREACH OF COVENANTS No waiver of any breach of any condition of this Agreement will be construed to be a waiver of any other breach of provision, covenant or condition. SECTION 29. TIME OF THE ESSENCE Time is of the essence. SECTION 30. AMENDMENTS TO BE IN WRITING This Agreement may be modified or amended only in writing signed by Landlord and Tenant. It may not be amended or modified by oral agreements between the Parties unless they are in writing duly executed by Landlord and Tenant. SECTION 31. PARTIES BOUND 736 of 994 NGEDOCS: 2064579.8 32 Every provision of this Agreement will bind the parties and their legal representatives. The term “legal representatives” is used in its broadest meaning and includes, in addition to assignees, every person, partnership, corporation or association succeeding to any interest in this Agreement. Every covenant, agreement and condition of this Agreement will be binding on Tenant’s successors and assignees. Any sublease, concession or license agreement will be subject and subordinate to this Lease. SECTION 32. NOTICES All notices or demands that either party may need to serve under this Agreement may be served on the other party by mailing a copy by registered or certified mail to the following addresses for the parties (or at such other address as the applicable party may designate in a written notice to the other party): If to Landlord: City of Evanston Attn: Wally Bobkiewicz, City Manager 2100 Ridge Avenue, Rm 4400 Evanston, IL 60201 Fax: 847-448-8083 With a copy to: City of Evanston Attn: W. Grant Farrar, Corporation Counsel 2100 Ridge Avenue, Rm 4400 Evanston, IL 60201 Fax: 847-448-8093 If to Tenant: Piven Theatre Workshop Attn: Leslie Brown, Executive Director 927 Noyes Street Evanston, IL 60201 Fax: 847-866-6614 Service will be deemed complete at the time of the leaving of notice or within 2 days after mailing. In the event that it appears that Tenant is avoiding the service of any notice and is not present at the Premises for a period of more than 14 consecutive days, notices may be served by posting such notice upon the Premises. Notice shall than be deemed effective 5 days after such posting. SECTION 33. MISCELLANEOUS A. Provisions typed on this Agreement and all riders attached to this Agreement and signed by Landlord and Tenant are hereby made a part of this Agreement. 737 of 994 NGEDOCS: 2064579.8 33 B. Tenant shall keep and observe such reasonable rules and regulations now or hereafter required by Landlord, which may be necessary for the proper and orderly care of the building of which the Premises are a part. C. All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the benefit of Landlord and Tenant and their respective heirs, legal representatives, successors and assigns. D. the rights and remedies hereby created are cumulative and the use of one remedy shall not be taken to excuse or waive the right to the use of another. E. The words “Landlord” and “Tenant” wherever used in this Agreement shall be construed to mean Landlords or Tenants in all cases where there is more than one Landlord or Tenant herein; and the necessary grammatical changes shall be assumed in each case as though full expressed. F. This Agreement and any written and signed Amendments and/or Riders hereto shall constitute the entire agreement between the parties, and any oral representations made by one party to the other are considered merged herein. G. In all cases where Landlord’s consent is required, Landlord’s consent shall not be unreasonably withheld. H. This Agreement may be executed in multiple copies, each of which shall constitute an original. SECTION 34. VENUE AND JURISDICTION The Parties agree the this Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes shall be in the Circuit Court of Cook County, Illinois. SECTION 35. FORCE MAJEURE Other than for Landlord’s and Tenant’s obligations under this Lease that can be performed by the payment of money, whenever a period of time is herein prescribed for action to be taken by either party hereto, such time period will be extended by a period equal to the period of any delays in performance by the applicable party due to any of the following events (“Force Majeure”): (i) Acts of God, (ii) strike or other such labor difficulties not specific to any labor issue existing only at the Property, (iii) extraordinary weather conditions greatly exceeding norms for the greater metropolitan area where the Premises located, (iv) extraordinary scarcity of or industry-wide inability to obtain supplies, parts or employees to furnish such services, or (v) or any cause whatsoever beyond a party’s control. For purposes of this Section 34, a cause or event shall not be deemed to be beyond a party's control, if it is within the control of such party's agents, employees or contractors. SECTION 36. LOAN AFTER TERMINATION. Notwithstanding anything to the contrary contained herein, if this Lease is terminated for any reason (including, without limitation, as a result of a casualty or condemnation) other than 738 of 994 NGEDOCS: 2064579.8 34 by Landlord, in accordance herewith, as a result of an event of default by Tenant hereunder, the remaining payments of the Loan (including principal and interest payments) initially due and payable on or after the effective date of the termination of this Lease shall be forever waived and forgiven and Tenant shall have no obligation to pay such amounts to Landlord. Moreover, all Premises Improvements, including fixtures and equipment (other personal property of Tenant), will remain the property of the Landlord. 739 of 994 NGEDOCS: 2064579.8 35 IN WITNESS WHEREOF, both of said Landlord and Tenant have caused this Agreement to be executed as of the date and year first above written by a duly authorized officer or manager of each of the respective parties. Landlord: THE CITY OF EVANSTON, an Illinois home rule municipal corporation By: Its: City Manager, Wally Bobkiewicz Tenant: PIVEN THEATRE WORKSHOP an Illinois not-for-profit corporation By: Its: 740 of 994 NGEDOCS: 2064579.8 36 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The Undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that Wally Bobkiewicz, City Manager of the City of Evanston, personally known to me to be the same person whose name is subscribed to the foregoing instrument as such officer, appeared before me this day in person and acknowledged that he signed and delivered such instrument as his own free and voluntary act, and as the free and voluntary act of the City of Evanston, all for the uses and purposes set forth therein. Given under my hand and notarial seal on ____________, 2013. Notary Public My Commission Expires: STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The Undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that ______________, _____________ of The Piven Theatre Workshop, personally known to me to be the same person whose name is subscribed to the foregoing instrument as such officer, appeared before me this day in person and acknowledged that he signed and delivered such instrument as his own free and voluntary act, and as the free and voluntary act of the City of Evanston, all for the uses and purposes set forth therein. Given under my hand and notarial seal on ____________, 2013. Notary Public My Commission Expires: 741 of 994 EXHIBIT A PAGE1 NGEDOCS: 2064579.8 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1: BLOCK 1 IN TAIT’S SUBDIVISION OF BLOCK 4 OF ORRINGTON ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART EAST OF THE CENTER LINE OF RIDGE AVENUE OF THE SOUTH ½ OF THE NORTH ½ OF THE SOUTH WEST ¼, AND THAT PART BETWEEN THE WEST LINE OF BLOCK 92 OF THE VILLAGE OF EVANSTON AND THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD OF THE NORTH ½ OF THE NORTH ½ OF THE SOUTH ½ OF THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 2: LOTS 12 TO 21, BOTH INCLUSIVE, IN BLOCK 2 IN TAIT’S SUBDIVISION OF BLOCK 4 OF ORRINGTON ADDITION TO EVANSTON, ACCORDING TO THE PLAT OF SAID TAIT’S SUBDIVISION RECORDED MARCH 8, 1906, AS DOCUMENT NUMBER 3829417, TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 12 IN BLOCK 2 IN TAIT’S SUBDIVISION, AFORESAID, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 3: LOTS 1, 2, 3 AND 4 IN BLOCK 1 IN A. BURROUGHS’ ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART OF LOT 15 AND THE EAST 145.5 FEET OF LOT 16 LYING WEST OF THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF LOT 1 AND NORTH OF THE LOTS 2, 3 AND 4 IN SAID BLOCK 1, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 4: LOTS 1, 2, 3, 4 AND THE EAST 19 FEET OF LOT 5 IN BLOCK 2 IN A BURROUGHS’ ADDITION TO EVANSTON, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED APRIL 15, 1893, AS DOCUMENT NUMBER 1850049; TOGETHER WITH THE VACATED 16 FOOT ALLEY LYING EAST OF THE EAST LINE OF LOT 5 AND WEST OF THE WEST LINE OF SAID LOTS 1, 2, 3 AND 4 IN SAID BLOCK 2, ALSO TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 4 IN BLOCK 2, AFORESAID, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 5: 742 of 994 EXHIBIT A PAGE2 NGEDOCS: 2064579.8 THAT PART OF LOT 16 IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF NOYES STREET, WHICH IS 323.8 FEET EAST OF THE INTERSECTION OF SAID NORTH LINE OF NOYES STREET WITH THE CENTER LINE OF RIDGE AVENUE; THEN CONTINUING EAST ALONG THE NORTH LINE OF NOYES STREET, 125 FEET; THENCE NORTH 115.5 FEET TO THE SOUTH LINE OF LAND FORMERLY OWNED AND OCCUPIED BY ALONZO BURROUGHS, BEING NOW THE SOUTH LINE OF A. BURROUGHS’ ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART OF LOT 15 AND THE EAST 145.5 FEET OF LOT 16 LYING WEST OF THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD IN ASSESSOR’S DIVISION, AFORESAID; THENCE WEST ALONG THE LAST DESCRIBED LINE, 125 FEET TO THE EAST LINE OF THE WEST ½ OF SAID LOT 16 (BEING ALSO THE EAST LINE OF FOSTER AND KLINE’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF THE LOT 16 IN ASSESSOR’S DIVISION, AFORESAID): THENCE SOUTH ALONG THE LAST DESCRIBED LINE, 115.5 FEET TO THE PLACE OF BEGINNING, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 6: LOTS 3 AND 4 IN FOSTER AND KLINE’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF LOT 16 IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 7: ALL THAT PART OF VACATED ERVIN COURT LYING SOUTH OF THE SOUTH LINE OF COLFAX STREET AND NORTH OF THE NORTH LINE OF NOYES STREET, SAID ERVIN COURT HAVING BEEN VACATED BY CITY OF EVANSTON ORDINANCE DATED NOVEMBER 23, 1931, AND RECORDED MARCH 23, 1932, AS DOCUMENT NUMBER 11063489, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Real property address: 927 Noyes, Evanston, Illinois 60201 PIN:11-07-114-027-0000 743 of 994 EXHIBIT B PAGE1 NGEDOCS: 2064579.8 EXHIBIT B PREMISES CURRENT FOOTPRINT 744 of 994 745 of 994 EXHIBIT C PAGE1 NGEDOCS: 2064579.8 EXHIBIT C SITE PLAN 746 of 994 1 SCALE: 1/8" = 1'-0" BASEMENT PLAN BASEMENT FLOOR PLAN ISSUED FORDATE XX/XX/XX ISSUED FOR Project NorthCK. BY: PROJ. # DN. BY: DATE: SCALE: 0816 KEY PLAN EVANSTON, IL 927 NOYES STREET PLAN MATERIAL KEY PLAN NOTES AB PA 747 of 994 1 SCALE: 1/8" = 1'-0" BASEMENT REFLECTED CEILING PLAN BASEMENT REFLECTED CEILING PLAN ISSUED FORDATE XX/XX/XX ISSUED FOR Project NorthCK. BY: PROJ. # DN. BY: DATE: SCALE: 0816 KEY PLAN EVANSTON, IL 927 NOYES STREET PLAN MATERIAL KEY PLAN NOTES AB PA 748 of 994 1 SCALE: 1/8" = 1'-0" FIRST FLOOR PLAN FIRST FLOOR PLAN ISSUED FORDATE XX/XX/XX ISSUED FOR Project NorthCK. BY: PROJ. # DN. BY: DATE: SCALE: 0816 KEY PLAN EVANSTON, IL 927 NOYES STREET PLAN MATERIAL KEY PLAN NOTES AB PA 749 of 994 FIRST FLOOR REFLECTED CEILING PLAN ISSUED FORDATE XX/XX/XX ISSUED FOR Project NorthCK. BY: PROJ. # DN. BY: DATE: SCALE: 0816 KEY PLAN EVANSTON, IL 927 NOYES STREET PLAN MATERIAL KEY PLAN NOTES AB PA 1 SCALE: 1/8" = 1'-0" FIRST FLOOR REFLECTED CEILING PLAN 750 of 994 1 SCALE: 1/8" = 1'-0" SECOND FLOOR PLAN SECOND FLOOR PLAN ISSUED FORDATE XX/XX/XX ISSUED FOR Project NorthCK. BY: PROJ. # DN. BY: DATE: SCALE: 0816 KEY PLAN EVANSTON, IL 927 NOYES STREET PLAN MATERIAL KEY PLAN NOTES AB PA 751 of 994 SECOND FLOOR REFLECTED CEILING PLAN ISSUED FORDATE XX/XX/XX ISSUED FOR Project NorthCK. BY: PROJ. # DN. BY: DATE: SCALE: 0816 KEY PLAN EVANSTON, IL 927 NOYES STREET PLAN MATERIAL KEY PLAN NOTES AB PA 1 SCALE: 1/8" = 1'-0" SECOND FLOOR REFLECTED CEILING PLAN 752 of 994 EXHIBIT D PAGE1 NGEDOCS: 2064579.8 EXHIBIT D 2011 PIVEN LEASE AGREEMENT AND 2012 EXTENSION 753 of 994 754 of 994 755 of 994 756 of 994 757 of 994 758 of 994 759 of 994 760 of 994 761 of 994 762 of 994 763 of 994 764 of 994 765 of 994 766 of 994 767 of 994 768 of 994 769 of 994 770 of 994 771 of 994 772 of 994 773 of 994 774 of 994 775 of 994 776 of 994 777 of 994 778 of 994 779 of 994 780 of 994 781 of 994 782 of 994 783 of 994 784 of 994 785 of 994 786 of 994 787 of 994 788 of 994 789 of 994 790 of 994 791 of 994 792 of 994 793 of 994 794 of 994 795 of 994 796 of 994 EXHIBIT E PAGE1 NGEDOCS: 2064579.8 EXHIBIT E NOYES CULTURAL ARTS CENTER PROPERTY FEES SCHEDULE 797 of 994 Appendix D January 1, 2013 FY 2013 FEE DESCRIPTION NOTES AIR CONDITIONERS & AIR HANDLING UNITS $91.00 Monthly fee for studios ranging between 1-500 sq. ft. " "$122.00 Monthly fee for studios ranging over 500 and up to 1,000 sq. ft. " "$152.00 Monthly fee for studios ranging over 1,000 and up to 2000 sq. ft. " "$181.00 Monthly fee for studios over 2,000 sq. ft. KEYS $5.00 First two (2) keys to all Leased spaces with a Lessor installed lock are free. KILNS TBA Monthly fee for tabletop models "TBA Monthly fee for floor models NOYES GALLERIES $40.00 Hourly rate for all users PARKING - LOT #51 $30.00 Monthly fee for each permit " " "$5.00 Daily fee for each permit SERVICE (UTILITY) FEE $66.00 Flat daily rate for all users if Bldg. is occupied other than normal Bldg. hours. See Appendix E. STUDIO #106 $20.00 Tenant rate/hourly for performances relative to lease Same rate if Theatre is used " "$20.00 Tenant rate/hourly for all other arts activities relative to lease Same rate if Theatre is used " "$40.00 Tenant rate/hourly for reception relative to Lessee's approved activities. " " $42.00 " "$52.00 Non-Tenant Non-for-Profit or Individual rate/hourly for arts related events . • Thanksgiving Day, Thursday, November 28, 2013 • Day After Thanksgiving, Friday, November 29, 2013 • Christmas Eve, Monday, December 24, 2013 • Christmas Day, Tuesday, December 25, 2013 • Labor Day, Monday, September 2, 2013 • New Year's Day, Tuesday, January 1, 2013 • Fourth of July, Thursday, July 4, 2013 Non-Tenant Evanston Non-for-Profit or Individual rate/hourly for arts related events OBSERVED HOLIDAYS 2013 • Dr. Martin Luther King, Jr.'s Birthday, Monday, January 21, 2013 • Memorial Day, Monday, May 27, 2013 LESSEE: ______________DATE:___________ 798 of 994 EXHIBIT F PAGE1 EXHIBIT F LANDLORD’S CONSTRUCTION OBLIGATIONS 1. Roof: The entire roof of the Building and all structures located thereon (such as heating units, skylights, roof drains, etc.) shall be water tight. Landlord provide a warranty from a reputable roofing contractor and roofing material provider guaranteeing the performance of the roof for a minimum of ten years following the date of completion of the Premises Improvements. 2. Masonry: The entire exterior masonry structure of the building shall be impermeable, to the extent that is practicable and within City resources. To the extent that any tuckpointing or masonry replacement is needed to meet this requirement, all such work shall be provided at Landlord’s sole cost. Landlord will use its best efforts to obtain a warranty for the masonry work for a minimum of one year after it has been completed. Only if no such work is required to be conducted by Landlord upon its review of the masonry, then Landlord shall provide a warranty to Tenant for the exterior masonry of the Building which shall provide that if any Premises Improvements or any other property of Tenant are damaged due to the penetration of water into the Premises, all such Premises Improvements and/or damaged property shall be replaced by Landlord at Landlord’s sole cost. 3. Electric Service: The current electrical service to the Building is ____. This level of service is not sufficient for the Premises Permitted Use, following the completion of the Premises Improvements, to be fully functional. In light of this, the Landlord shall provide new or additional electrical service so that the total electrical service available to the Premises shall not be less than ___. All of the cost of providing the new electric service to the Premises to the exterior of the Premises shall be paid by Landlord. The distribution of the electrical services within the Premises shall be paid for by Tenant. 4. Other Construction Related Costs to be borne by Landlord: In the event that Tenant takes on additional projects with the consent of Landlord that are for the benefit of other tenants, design, planning and execution costs of those projects will be borne by Landlord and memorialized in separate agreements. 5. Asbestos and Lead Abatement: See Section 6(A)(2) for further details. 6. Structural Remedial Work: See Section 6(A)(3) for further details. 799 of 994 EXHIBIT G PAGE 1 EXHIBIT G LOAN REPAYMENT SCHEDULE [Inserted at a later date] 800 of 994 801 of 994 802 of 994 803 of 994 804 of 994 805 of 994 806 of 994 ARTS & ECONOMIC PROSPERITY IV: The Economic Impact of Nonprofit Arts and Culture Organizations and Their Audiences in the State of Illinois WITH GENEROUS SUPPORT FROMPREPARED BY and 807 of 994 Arts and Economic Prosperity IV was conducted by Americans for the Arts, the nation’s leading nonprofit organization for advancing the arts in America. Established in 1960, we are dedicated to representing and serving local communities and creating opportunities for every American to participate in and appreciate all forms of the arts. Copyright 2012 Americans for the Arts, 1000 Vermont Avenue NW, 6th Floor, Washington, DC 20005. Arts & Economic Prosperity if a registered trademark of Americans for the Arts. Reprinted by permission. Printed in the United States. 808 of 994 Table of Contents The Arts Mean Business .......................................................... 1 By Robert L. Lynch, President and CEO, Americans for the Arts The Economic Impact of the Nonprofit Arts and Culture Industry in the State of Illinois .................................... 3 Defining Economic Impact .....................................................................3 Economic Impact of the ENTIRE Nonprofit Arts and Culture Industry ......................................................................................4 Direct and Indirect Economic Impact: How a Dollar is Re- Spent in the Economy .............................................................................4 Economic Impact of Spending by Nonprofit Arts and Culture ORGANIZATIONS ..................................................................6 An Economic Impact Beyond Dollars: Volunteerism ............................7 The Value of In-Kind Contributions to Arts Organizations ...................7 Economic Impact of Spending by Nonprofit Arts and Culture AUDIENCES ............................................................................8 Cultural Tourists Spend More ................................................................9 Cultural Events Attract New Dollars and Retain Local Dollars ....................................................................................................10 Conclusion ............................................................................... 11 Arts & Economic Prosperity IV Calculator .............................. 13 Economic Impact per $100,000 of Spending by Nonprofit Arts and Culture ORGANIZATIONS ....................................................13 Economic Impact per $100,000 of Spending by Nonprofit Arts and Culture AUDIENCES ..............................................................14 Making Comparisons with Similar Study Regions ................................15 About This Study ..................................................................... 17 Frequently Used Terms ............................................................ 21 Frequently Asked Questions .................................................... 23 Acknowledgments .................................................................... 25 809 of 994 "Understanding and acknowledging the incredible economic impact of the nonprofit arts and culture, we must always remember their fundamental value. They foster beauty, creativity, originality, and vitality. The arts inspire us, sooth us, provoke us, involve us, and connect us. But they also create jobs and contribute to the economy." — Robert L. Lynch President and CEO Americans for the Arts 810 of 994 Arts & Economic Prosperity IV | Americans for the Arts 1 The Arts Mean Business By Robert L. Lynch, President and CEO, Americans for the Arts America’s artists and arts organizations live and work in every community from coast-to-coast— fueling creativity, beautifying our cities, and improving our quality of life. In my travels across the country, business and government leaders often talk to me about the challenges of funding the arts amid shrinking resources and alongside other pressing needs. They worry about jobs and the economy. Is their region a magnet for attracting and retaining a skilled and innovative workforce? How well are they competing in the high-stakes race to attract new businesses? The findings from Arts & Economic Prosperity IV send a clear and welcome message: leaders who care about community and economic vitality can feel good about choosing to invest in the arts. Arts & Economic Prosperity IV is our fourth study of the nonprofit arts and culture industry’s impact on the economy. The most comprehensive study of its kind ever conducted, it features customized findings on 182 study regions representing all 50 states and the District of Columbia as well as estimates of economic impact nationally. Despite the economic headwinds that our country faced in 2010, the results are impressive. Nationally, the industry generated $135.2 billion dollars of economic activity—$61.1 billion by the nation’s nonprofit arts and culture organizations in addition to $74.1 billion in event-related expenditures by their audiences. This economic activity supports 4.1 million full-time jobs. Our industry also generates $22.3 billion in revenue to local, state, and federal governments every year—a yield well beyond their collective $4 billion in arts allocations. Arts and culture organizations are resilient and entrepreneurial businesses. They employ people locally, purchase goods and services from within the community, and market and promote their regions. Arts organizations are rooted locally; these are jobs that cannot be shipped overseas. Like most industries, the Great Recession left a measurable financial impact on the arts—erasing the gains made during the pre-recession years, and leaving 2010 expenditures three percent behind their 2005 levels. The biggest effect of the recession was on attendance and audience spending. Inevitably, as people lost jobs and worried about losing their houses, arts attendance— like attendance to sports events and leisure travel— waned as well. Yet, even in a down economy, some communities saw an increase in their arts spending and employment. As the economy rebounds, the arts are well poised for growth. They are already producing new and exciting work—performances and exhibitions and festivals that entertain, inspire, and attract audiences. Arts & Economic Prosperity IV shows that arts and culture organizations leverage additional event-related spending by their audiences that pumps revenue into the local economy. When patrons attend an arts event they may pay for parking, eat dinner at a restaurant, shop in local retail stores, and have dessert on the way home. Based on the 151,802 audience-intercept surveys conducted for this study, the typical arts attendee spends $24.60 per person, per event, beyond the cost of admission. Communities that draw cultural tourists experience an additional boost of economic activity. Tourism industry research has repeatedly demonstrated that arts tourists stay longer and spend more than the average traveler. Arts & Economic Prosperity IV reflects those findings: 32 percent of attendees live outside the county in which the arts event took place, and their event-related spending is more than twice that of their local counterparts (nonlocal: $39.96 vs. local: $17.42). The message is clear: a vibrant arts community not only keeps residents and their discretionary spending close to home, it also attracts visitors who spend money and help local businesses thrive. Arts & Economic Prosperity IV demonstrates that America’s arts industry is not only resilient in times of economic uncertainty, but is also a key component to our nation’s economic recovery and future prosperity. Business and elected leaders need not feel that a choice must be made between arts funding and economic prosperity. This study proves that they can choose both. Nationally, as well as locally, the arts mean business. 811 of 994 2 Arts & Economic Prosperity IV | Americans for the Arts "As all budgets—local and national, public and private—continue to reel from the effects of the economic downturn, some may perceive the arts as an unaffordable luxury reserved for only the most prosperous times. Fortunately, this rigorous report offers evidence that the nonprofit arts industry provides not just cultural benefits to our communities, but also makes significant positive economic contributions to the nation’s financial well being regardless of the overall state of the economy. This certainly is something to applaud." — Jonathan Spector President & CEO The Conference Board 812 of 994 Arts & Economic Prosperity IV | Americans for the Arts 3 The Economic Impact of the Nonprofit Arts and Culture Industry in the State of Illinois Arts & Economic Prosperity IV provides compelling new evidence that the nonprofit arts and culture are a significant industry in the State of Illinois—one that generates $2.75 billion in total economic activity. This spending—$1.56 billion by nonprofit arts and culture organizations and an additional $1.19 billion in event-related spending by their audiences—supports 78,455 full-time equivalent jobs, generates $2.3 billion in household income to local residents, and delivers $323.6 million in local and state government revenue. This economic impact study sends a strong signal that when we support the arts, we not only enhance our quality of life, but we also invest in the State of Illinois’s economic well-being. The State of Illinois is one of 182 study regions that participated in Arts & Economic Prosperity IV, the most comprehensive study of its kind ever conducted. It documents the economic impact of the nonprofit arts and culture sector in 139 cities and counties, 31 multi- city or multi-county regions, 10 states, and two individual arts districts—representing all 50 U.S. states and the District of Columbia. The diverse study regions range in population (1,600 to four million) and type (rural to large urban). Project economists customized input-output analysis models to calculate specific and reliable findings for each study region. This study focuses solely on the economic impact of nonprofit arts and culture organizations and event-related spending by their audiences. Spending by individual artists and the for-profit arts and culture sector (e.g., Broadway or the motion picture industry) are excluded from this study. For the purpose of this study, the geographic area included in this analysis is defined as the State of Illinois. Defining Economic Impact This proprietary study uses four economic measures to define economic impact: full-time equivalent jobs, resident household income, and local and state government revenues. (1) Full-Time Equivalent (FTE) Jobs describes the total amount of labor employed. Economists measure FTE jobs, not the total number of employees, because it is a more accurate measure that accounts for part-time employment. (2) Resident Household Income (often called Personal Income) includes salaries, wages, and entrepreneurial income paid to local residents. It is the money residents earn and use to pay for food, mortgages, and other living expenses. Revenue to (3) Local and (4) State Government includes revenue from local and state taxes (e.g., income, property, sales, and lodging) as well as funds from license fees, utility fees, filing fees, and other similar sources. 813 of 994 4 Arts & Economic Prosperity IV | Americans for the Arts Economic Impact of the ENTIRE Nonprofit Arts and Culture Industry (Combined Spending by Both Organizations and Their Audiences) in the State of Illinois During fiscal year 2010, aggregate nonprofit sector spending by both the State of Illinois’s nonprofit arts and culture organizations and their audiences totaled $2.75 billion. The table below demonstrates the total economic impact of this spending. Direct and Indirect Economic Impact: How a Dollar is Re-spent in the Economy Arts & Economic Prosperity IV uses a sophisticated economic analysis called input-output analysis to measure economic impact. It is a system of mathematical equations that combines statistical methods and economic theory. Input-output analysis enables economists to track how many times a dollar is “re-spent” within the local economy, and the economic impact generated by each round of spending. How can a dollar be re-spent? Consider the following example: A theater company in the State of Illinois purchases several gallons of paint from a local hardware store for $200. The hardware store then uses a portion of the $200 to pay the sales clerk; the sales clerk re-spends some of the money at a grocery store; the grocery store uses some to pay its cashier; the cashier spends some on rent; and so on ... Thus, the initial expenditure by the theater company was followed by four additional rounds of local spending (by the hardware store, the sales clerk, the grocery store, and the cashier).  The economic impact of the theater company’s initial $200 expenditure is the direct economic impact.  The economic impacts of the subsequent rounds of local spending are the indirect impacts.  Eventually, the $200 dollars will “leak out” of the local economy (i.e., be spent non-locally) and cease to have a local economic impact. In this example, if the theater company purchased the paint from a non-local hardware store there would be no local economic impact. Since the hardware store is located in the State of Illinois, the dollars remain within the local economy and create at least one more round of local spending by the hardware company.  The total impact is the sum of the direct impact plus all indirect impacts. This report provides the total impact. A dollar “ripples” very different through each community, which is why a customized input-output model was created for the State of Illinois. TOTAL Economic Impact of the Nonprofit Arts and Culture Industry in the State of Illinois (Spending by Nonprofit Arts and Culture Organizations and Their Audiences) State of Illinois Median of Similar Study Regions Pop. = Entire State National Median Direct Expenditures $2,752,725,266 $354,779,009 $49,081,279 Full-Time Equivalent Jobs 78,455 12,394 1,533 Resident Household Income $2,282,701,000 $310,197,000 $35,124,500 Local Government Revenue $165,826,000 $17,080,500 $1,946,500 State Government Revenue $157,735,000 $23,771,000 $2,498,000 814 of 994 Arts & Economic Prosperity IV | Americans for the Arts 5 "Mayors understand the connection between the arts industry and city revenues. Arts activity creates thousands of direct and indirect jobs and generates billions in government and business revenues. The arts also make our cities destinations for tourists, help attract and retain businesses, and play an important role in the economic revitalization of cities and the vibrancy of our neighborhoods." — Philadelphia Mayor Michael A. Nutter President, The United States Conference of Mayors 2012–2013 "Many businesses support the arts across the country because they intuitively understand that the arts matter, so it is great to get the facts and a clearer understanding of the links between the arts and economic prosperity." — Stephen Jordan, Executive Director Business Civic Leadership Center U.S. Chamber of Commerce 815 of 994 6 Arts & Economic Prosperity IV | Americans for the Arts Economic Impact of Spending by Nonprofit Arts and Culture ORGANIZATIONS in the State of Illinois Nonprofit arts and culture organizations are active contributors to their business community. They are employers, producers, and consumers. They are members of the Chamber of Commerce as well as key partners in the marketing and promotion of their cities, regions, and states. Spending by nonprofit arts and culture organizations totaled $1.56 billion in the State of Illinois during fiscal year 2010. This spending is far-reaching: organizations pay employees, purchase supplies, contract for services, and acquire assets within their community. These actions, in turn, support jobs, create household income, and generate revenue to the local and state governments. The State of Illinois’s nonprofit arts and culture organizations provide rewarding employment for more than just administrators, artists, curators, choreographers, and musicians. They also employ financial staff, facility managers, and salespeople. In addition, the spending by these organizations directly supports a wide array of other occupations spanning many industries (e.g., printing, event planning, legal, construction, and accounting). Data were collected from 1,004 eligible nonprofit arts and culture organizations in the State of Illinois. Each provided detailed budget information about more than 40 expenditure categories for fiscal year 2010 (e.g., labor, payments to local and nonlocal artists, operations, administration, programming, facilities, and capital expenditures/asset acquisition). The following tables demonstrates the total economic impacts of their aggregate spending. TOTAL Economic Impact of Spending by Nonprofit Arts and Culture ORGANIZATIONS in the State of Illinois State of Illinois Median of Similar Study Regions Pop. = Entire State National Median Direct Expenditures $1,561,103,104 $221,745,998 $23,141,643 Full-Time Equivalent Jobs 49,963 9,224 791 Resident Household Income $1,492,868,000 $217,373,500 $19,488,000 Local Government Revenue $79,637,000 $10,706,500 $867,000 State Government Revenue $82,595,000 $13,341,500 $1,010,000 816 of 994 Arts & Economic Prosperity IV | Americans for the Arts 7 An Economic Impact Beyond Dollars: Volunteerism While arts volunteers may not have an economic impact as defined in this study, they clearly have an enormous impact by helping the State of Illinois’s nonprofit arts and culture organizations function as a viable industry. Arts & Economic Prosperity IV reveals a significant contribution to nonprofit arts and culture organizations as a result of volunteerism. During 2010, a total of 71,082 volunteers donated a total of 3,184,474 hours to the State of Illinois’s participating nonprofit arts and culture organizations. This represents a donation of time with an estimated aggregate value of $68,020,365 (Independent Sector estimates the dollar value of the average 2010 volunteer hour to be $21.36). The 1,004 participating organizations reported an average of 44.8 volunteers who volunteered an average of 70.8 hours, for a total of 3,172 hours per organization. The Value of In-Kind Contributions to Arts Organizations The participating organizations were asked about the sources and value of their in-kind support. In-kind contributions are non-cash donations such as materials (e.g., office supplies from a local retailer), facilities (e.g., rent), and services (e.g., printing costs from a local printer). The 1,004 participating nonprofit arts and culture organizations in the State of Illinois reported that they received in-kind contributions with an aggregate value of $46,542,033 during fiscal year 2010. These contributions were received from a variety of sources including corporations, individuals, local and state arts agencies, and government. "At Aetna, we encourage our employees to be active volunteers. It’s good for the employee, good for the community, and a source of corporate pride. The research also makes clear that employees who are engaged in the community are more engaged at the workplace—and that is good for business. Arts organizations are part of the fabric of a healthy community, so we are delighted to provide incentives to our workers to be regular arts volunteers." — Floyd W. Green, III Head of Community Relations and Urban Marketing Aetna 817 of 994 8 Arts & Economic Prosperity IV | Americans for the Arts Economic Impact of Spending by Nonprofit Arts and Culture AUDIENCES in the State of Illinois The nonprofit arts and culture industry, unlike most industries, leverages a significant amount of event-related spending by its audiences. For example, when patrons attend a cultural event, they may pay to park their car, purchase dinner at a restaurant, shop in nearby stores, eat dessert after the show, and pay a babysitter upon their return home. Attendees from out of town may spend the night in a hotel. This spending generates related commerce for local businesses such as restaurants, parking garages, retail stores, and hotels. To measure the impact of nonprofit arts and culture audiences in the State of Illinois, data were collected from 2,726 event attendees during 2011. Researchers used an audience-intercept methodology, a standard technique in which patrons complete a written survey about their event-related spending while attending the event. In the State of Illinois, arts attendees spend an average of $24.36 per person, per event as a direct result of their attendance to the event. Local businesses that cater to arts and culture audiences reap the rewards of this economic activity. The 1,004 participating nonprofit arts and culture organizations reported that the aggregate attendance to their events was 35.4 million during 2010. These attendees spent an estimated total of $1.19 billion, excluding the cost of event admission. The following table demonstrate the total impacts of this spending. * Why exclude the cost of admission? The admissions paid by attendees are excluded from the analysis because those dollars are captured in the operating budgets of the participating nonprofit arts and culture organizations and, in turn, are spent by the organization. This methodology avoids “double-counting” those dollars in the study analysis. ** To calculate the total estimated audience expenditures in the State of Illinois, first the audience expenditure findings for the individual participating communities that are located within the State (the City of Chicago, the Greater Rockford Area, and the Greater Peoria Area) were summed. The State’s residency percentages and the average per person arts-related expenditure for residents and non-residents then were applied to any additional attendance data collected from organizations located within the State but outside of the individual participating communities. Finally, the results were added to the aggregate of the individual participating communities. Therefore, the total audience expenditures for the State of Illinois do not equal the State’s average per person event-related expenditure for residents multiplied by the State’s total estimated resident attendance plus the State’s average per person event-related expenditure for non-residents multiplied by the State’s total estimated non-resident attendance. TOTAL Economic Impact of Spending by Nonprofit Arts and Culture AUDIENCES in the State of Illinois (excluding the cost of event admission*) State of Illinois Median of Similar Study Regions Pop. Entire State National Median Direct Expenditures** $1,191,622,162 $136,854,468 $21,573,435 Full-Time Equivalent Jobs 28,492 3,170 643 Resident Household Income $789,833,000 $72,371,500 $12,823,000 Local Government Revenue $86,189,000 $5,583,000 $1,084,000 State Government Revenue $75,140,000 $9,342,000 $1,334,000 818 of 994 Arts & Economic Prosperity IV | Americans for the Arts 9 Cultural Tourists Spend More The 2,726 audience survey respondents were asked to provide the ZIP code of their primary residence, enabling researchers to determine which attendees were local residents (live within the State of Illinois) and which were non-residents (live outside the State of Illinois). In the State of Illinois, researchers estimate that 88.9 percent of the 35.4 million nonprofit arts attendees were residents; 11.1 percent were non-residents. Non-resident attendees spend an average of 173 percent more per person than local attendees ($55.82 vs. $20.43) as a result of their attendance to cultural events. As would be expected from a traveler, higher spending was typically found in the categories of lodging, meals, and transportation. When a community attracts cultural tourists, it harnesses significant economic rewards. Event-Related Spending by Arts and Culture Event Attendees Totaled $1191.6 million in the State of Illinois (excluding the cost of event admission) Residents Non-Residents All State of Illinois Event Attendees Total Attendance 31,433,189 3,924,729 35,357,918 Percent of Attendees 88.9 percent 11.1 percent 100 percent Average Dollars Spent Per Attendee $20.43 $55.82 $24.36 Direct Event-Related Expenditures $570,929,730 $620,692,432 $1,191,622,162 Nonprofit Arts and Culture Event Attendees Spend an Average of $24.36 Per Person in the State of Illinois (excluding the cost of event admission) Residents Non-Residents All State of Illinois Event Attendees Refreshments/Snacks During Event $2.66 $3.59 $2.77 Meals Before/After Event $8.85 $16.58 $9.70 Souvenirs and Gifts $2.02 $6.27 $2.49 Clothing and Accessories $1.25 $1.14 $1.24 Ground Transportation $3.27 $8.25 $3.82 Event-Related Child Care $0.22 $0.58 $0.26 Overnight Lodging (one night only) $1.46 $18.29 $3.33 Other $0.70 $1.12 $0.75 Total Per Person Spending $20.43 $55.82 $24.36 819 of 994 10 Arts & Economic Prosperity IV | Americans for the Arts Cultural Events Attract New Dollars and Retain Local Dollars The State of Illinois’s nonprofit arts and culture sector provides attractions that draw visitors to the community. In fact, 40.7 percent of all non-resident survey respondents reported that the primary reason for their trip was “specifically to attend this arts/cultural event.” In addition, 23.8 percent of the State of Illinois’s non-resident survey respondents reported that they will spend at least one night away from home in the State of Illinois as a direct result of attending the cultural event. Non- resident attendees who stay overnight in paid lodging spend an average of $141.33 per person as a result of their attendance—significantly more than the overall per person average for all non-resident attendees to events in the State of Illinois $55.82. Finally, the audience survey respondents were asked, “If this event were not happening, would you have traveled to another community to attend a similar cultural experience?”  47.1 percent of the State of Illinois’s resident cultural attendees report that they would have traveled to a different community in order to attend a similar cultural experience.  44.0 percent of the State of Illinois’s non-resident cultural attendees report the same. These figures demonstrate the economic impact of the nonprofit arts and culture in the purest sense. If a community does not provide a variety of artistic and cultural experiences, it will fail to attract the new dollars of cultural tourists. It will also lose the discretionary spending of its local residents who will travel elsewhere to experience the arts. Cultural Attendees are Artists!  54.3 percent of the State of Illinois’s arts attendees report that they actively participate in the creation of the arts (e.g., sing in a choir, act in a community play, paint or draw, play an instrument). "As a banker, I have visited businesses in almost every city and town in Oklahoma. There is a visible difference in places with a vibrant arts community. I see people looking for places to park, stores staying open late, and restaurants packed with diners … the business day is extended and the cash registers are ringing." — Ken Fergeson Chairman & CEO, NBanC Past President, American Bankers Association 820 of 994 Arts & Economic Prosperity IV | Americans for the Arts 11 Conclusion The nonprofit arts and culture are a $2.75 billion industry in the State of Illinois—one that supports 78,455 full-time equivalent jobs and generates $323.6 million in local and state government revenue. Nonprofit arts and culture organizations, which spend $1.56 billion annually, leverage a remarkable $1.19 billion in additional spending by arts and culture audiences—spending that pumps vital revenue into local restaurants, hotels, retail stores, parking garages, and other businesses. By demonstrating that investing in the arts and culture yields economic benefits, Arts & Economic Prosperity IV lays to rest a common misconception: that communities support the arts and culture at the expense of local economic development. In fact, they are investing in an industry that supports jobs, generates government revenue, and is a cornerstone of tourism. This report shows conclusively that the arts mean business! "Disney has a rich legacy in animation, film and storytelling, so naturally we consider the arts to be an essential part of our business, as well as an essential element of our communities. We have seen how the arts not only enrich American life, but also support millions of jobs across the country, generate billions of dollars in economic impact, and help drive the family-vacation industry. By investing in the arts, we plant seeds for the future and make our communities better places to live." — Meg Crofton, President Walt Disney World Parks & Resorts Operations, U.S. and France 821 of 994 12 Arts & Economic Prosperity IV | Americans for the Arts "A vibrant arts environment stimulates and sustains a richer quality of life and economic health. In Delaware, where the arts are among our top 10 employers, we see how the arts contribute to the renaissance of downtown areas, enhance our educational system, and attract new businesses and residents to the state." — Governor Jack A. Markell Chair, National Governors Association 822 of 994 Arts & Economic Prosperity IV | Americans for the Arts 13 The Arts & Economic Prosperity IV Calculator To make it easier to compare the economic impacts of different organizations within the State of Illinois, the project researchers calculated the economic impact per $100,000 of direct spending by nonprofit arts and culture organizations and their audiences. Economic Impact Per $100,000 of Direct Spending by ORGANIZATIONS For every $100,000 in direct spending by a nonprofit arts and culture organization in the State of Illinois, there was the following total economic impact. An Example of How to Use the Organizational Spending Calculator Table (above): An administrator from a nonprofit arts and culture organization that has total expenditures of $250,000 wants to determine the organization’s total economic impact on full-time equivalent (FTE) employment in the State of Illinois. The administrator would: 1. Determine the amount spent by the nonprofit arts and culture organization; 2. Divide the total expenditure by 100,000; and 3. Multiply that figure by the FTE employment ratio per $100,000 for the State of Illinois. Thus, $250,000 divided by 100,000 equals 2.5; 2.5 times 3.20 (from the top row of data on Table 1 above) equals a total of 8.0 full-time equivalent jobs supported (both directly and indirectly) within the State of Illinois by that nonprofit arts and culture organization. Using the same procedure, the estimate can be calculated for resident household income and local and state government revenue. TABLE 1: Ratios of Economic Impact Per $100,000 of Direct Spending by Nonprofit Arts and Culture Organizations in the State of Illinois State of Illinois Median of Similar Study Regions Pop. = Entire State National Median Full-Time Equivalent Jobs 3.20 3.62 3.46 Resident Household Income $95,629 $88,670 $82,084 Local Government Revenue $5,101 $3,683 $3,819 State Government Revenue $5,291 $5,514 $4,656 823 of 994 14 Arts & Economic Prosperity IV | Americans for the Arts Economic Impact Per $100,000 of Direct Spending by AUDIENCES The economic impact of event-related spending by arts audiences can also be derived for individual or groups of nonprofit arts and culture organizations and events in the State of Illinois. The first step is to determine the total estimated event-related spending by arts and culture event attendees (excluding the cost of admission). To derive this figure, multiply the average per person event-related expenditure in the State of Illinois by the total event attendance. The ratios of economic impact per $100,000 in direct spending can then be used to determine the total economic impact of the total estimated audience spending. TABLE 2: Average Per Person Event-Related Spending by All Arts and Culture Event Attendees in the State of Illinois (excluding the cost of event admission) State of Illinois Median of Similar Study Regions Pop. = Entire State National Median Refreshments/Snacks During Event $2.77 $2.58 $3.02 Meals Before/After Event $9.70 $8.92 $10.12 Souvenirs and Gifts $2.49 $2.49 $2.74 Clothing and Accessories $1.24 $0.97 $1.31 Ground Transportation $3.82 $2.32 $2.65 Event-Related Child Care $0.26 $0.31 $0.36 Overnight Lodging (one night only) $3.33 $2.48 $3.51 Other $0.75 $1.02 $0.89 Total Per Person Spending $24.36 $22.71 $24.60 TABLE 3: Ratios of Economic Impact Per $100,000 of Direct Spending by Nonprofit Arts and Culture Audiences in the State of Illinois State of Illinois Median of Similar Study Regions Pop. = Entire State National Median Full-Time Equivalent Jobs 2.39 2.67 2.69 Resident Household Income $66,282 $63,913 $57,140 Local Government Revenue $7,233 $4,929 $5,100 State Government Revenue $6,306 $6,901 $5,802 824 of 994 Arts & Economic Prosperity IV | Americans for the Arts 15 An Example of How to Use the Audience Spending Calculator Tables (on the preceding page): An administrator wants to determine the total economic impact of the 25,000 total attendees to his/her organization’s nonprofit arts and culture events on full-time equivalent (FTE) employment in the State of Illinois. The administrator would: 1. Determine the total estimated audience spending by multiplying the average per person expenditure for the State of Illinois by the total attendance to nonprofit arts and culture events; 2. Divide the resulting total estimated audience spending by 100,000; and 3. Multiply that figure by the FTE employment ratio per $100,000 for the State of Illinois. Thus, 25,000 times $24.36 (from the bottom row of data on Table 2 on the preceding page) equals $609,000; $609,000 divided by 100,000 equals 6.09; 6.09 times 2.39 (from the top row of data on Table 3 on the preceding page) equals a total of 14.6 full-time equivalent jobs supported (both directly and indirectly) within the State of Illinois by that nonprofit arts and culture organization. Using the same procedure, the estimate can be calculated for resident household income and local and state government revenue. Making Comparisons with Similar Study Regions For the purpose of this research project, the geographic region being studied is defined as the State of Illinois. According to the most recent data available from the U.S. Census Bureau, the population of the State of Illinois was estimated to be 12,910,409 during 2010. For comparison purposes, more than 300 pages of detailed data tables containing the study results for all 182 participating study regions are located in Appendix B of the National Statistical Report. The data tables are stratified by population, making it easy to compare the findings for the State of Illinois to the findings for similarly populated study regions (as well as any other participating study regions that are considered valid comparison cohorts). All of the national study publications are available both by download (free) and hardcopy (for purchase) at www.AmericansForTheArts.org/EconomicImpact. 825 of 994 16 Arts & Economic Prosperity IV | Americans for the Arts "The success of my family’s business depends on finding and cultivating a creative and innovative workforce. I have witnessed firsthand the power of the arts in building these business skills. When we participate personally in the arts, we strengthen our ‘creativity muscles,’ which makes us not just a better ceramicist or chorus member, but a more creative worker—better able to identify challenges and innovative business solutions. This is one reason why the arts remain an important part of my personal and corporate philanthropy." — Christopher Forbes, Vice Chairman, Forbes, Inc. 826 of 994 Arts & Economic Prosperity IV | Americans for the Arts 17 About This Study The Arts & Economic Prosperity IV study was conducted by Americans for the Arts to document the economic impact of the nonprofit arts and culture industry in 182 communities and regions (139 cities and counties, 31 multi-city or multi-county regions, and 10 states, and two individual arts districts)—representing all 50 U.S. states and the District of Columbia. The diverse communities range in population (1,600 to four million) and type (rural to urban). The study focuses solely on nonprofit arts and culture organizations and their audiences. Public arts councils and public presenting facilities/institutions are included as are select programs embedded within another organization (that have their own budget and play a substantial role in the cultural life of the community). The study excludes spending by individual artists and the for-profit arts and entertainment sector (e.g., Broadway or the motion picture industry). Detailed expenditure data were collected from 9,731 arts and culture organizations and 151,802 of their attendees. The project economists, from the Georgia Institute of Technology, customized input- output analysis models for each study region to provide specific and reliable economic impact data about their nonprofit arts and culture industry, specifically full-time equivalent jobs, household income, and local and state government revenue. The 182 Local, Regional, and Statewide Study Partners Americans for the Arts published a Call for Participants in 2010 seeking communities interested in participating in the Arts & Economic Prosperity IV study. Of the more than 200 potential partners that expressed interest, 182 agreed to participate and complete four participation criteria: (1) identify and code the universe of nonprofit arts and culture organizations in their study region; (2) assist researchers with the collection of detailed financial and attendance data from those organizations; (3) conduct audience-intercept surveys at cultural events; and (4) pay a modest cost-sharing fee (no community was refused participation for an inability to pay). Arts Alliance Illinois responded to the 2010 Call for Participants, and agreed to complete the required participation criteria. Surveys of Nonprofit Arts and Culture ORGANIZATIONS Each of the 182 study regions attempted to identify its comprehensive universe of nonprofit arts and culture organizations using the Urban Institute’s National Taxonomy of Exempt Entity (NTEE) coding system as a guideline. The NTEE system— developed by the National Center for Charitable Statistics at the Urban Institute—is a definitive classification system for nonprofit organizations recognized as tax exempt by the Internal Revenue Code. This system divides the entire universe of nonprofit organizations into 10 Major categories, including “Arts, Culture, and Humanities.” The Urban Institute reports that 113,000 nonprofit arts and culture organizations were registered with the IRS in 2010, up from 94,450 in 2005. The following NTEE “Arts, Culture, and Humanities” subcategories were included in this study: 827 of 994 18 Arts & Economic Prosperity IV | Americans for the Arts  A01 – Alliances and Advocacy  A02 – Management and Technical Assistance  A03 – Professional Societies and Associations  A05 – Research Institutes and Public Policy Analysis  A11 – Single Organization Support  A12 – Fund Raising and Fund Distribution  A19 – Support (not elsewhere classified)  A20 – Arts and Culture (general)  A23 – Cultural and Ethnic Awareness  A24 – Folk Arts  A25 – Arts Education  A26 – Arts and Humanities Councils and Agencies  A27 – Community Celebrations  A30 – Media and Communications (general)  A31 – Film and Video  A32 – Television  A33 – Printing and Publishing  A34 – Radio  A40 – Visual Arts (general)  A50 – Museums (general)  A51 – Art Museums  A52 – Children’s Museums  A53 – Folk Arts Museums  A54 – History Museums  A56 – Natural History and Natural Science Museums  A57 – Science and Technology Museums  A60 – Performing Arts (general)  A61 – Performing Arts Centers  A62 – Dance  A63 – Ballet  A65 – Theatre  A68 – Music  A69 – Symphony Orchestras  A6A – Opera  A6B – Singing and Choral Groups  A6C – Bands and Ensembles  A6E – Performing Arts Schools  A70 – Humanities (general)  A80 – Historical Organizations (general)  A82 – Historical Societies and Historic Preservation  A84 – Commemorative Events  A90 – Arts Services (general)  A99 – Arts, Culture, and Humanities (miscellaneous) In addition to the organization types above, the study partners were encouraged to include other types of eligible organizations if they play a substantial role in the cultural life of the community or if their primary purpose is to promote participation in, appreciation for, and understanding of the visual, performing, folk, and media arts. These include government-owned or government-operated cultural facilities and institutions, municipal arts agencies and councils, private community arts organizations, unincorporated arts groups, living collections (such as zoos, aquariums, and botanical gardens), university presenters, and arts programs that are embedded under the umbrella of a non-arts organization or facility (such as a community center or church). In short, if it displays the characteristics of a nonprofit arts and culture organization, it is included. For-profit businesses and individual artists were excluded from this study. Nationally, detailed information was collected from 9,721 eligible organizations about their fiscal year 2010 expenditures in more than 40 expenditure categories (e.g., labor, local and non-local artists, operations, materials, facilities, and asset acquisition) as well as about their event attendance, in-kind contributions, and volunteerism. Responding organizations had budgets ranging from a low of $0 to a high of $239.7 million. Response rates for the 182 communities averaged 43.2 percent and ranged from 5.3 percent to 100 percent. It is important to note that each study region’s results are based solely on the actual survey data collected. No estimates have been made to account for non-respondents. Therefore, the less-than-100 percent response rates suggest an understatement of the economic impact findings in most of the individual study regions. In the State of Illinois, 1,004 of the approximately 4,000 total eligible nonprofit arts and culture organizations identified by Arts Alliance Illinois participated in this study—an overall participation rate of 25 percent. 828 of 994 Arts & Economic Prosperity IV | Americans for the Arts 19 Surveys of Nonprofit Arts and Culture AUDIENCES Audience-intercept surveying, a common and accepted research method, was conducted in all 182 of the study regions to measure event-related spending by nonprofit arts and culture audiences. Patrons were asked to complete a short survey while attending an event. Nationally, a total of 151,802 valid and usable attendees completed the survey for an average of 834 surveys per study region. The randomly selected respondents provided itemized expenditure data on attendance- related activities such as meals, souvenirs, transportation, and lodging. Data were collected throughout 2011 (to guard against seasonal spikes or drop-offs in attendance) as well as at a broad range of both paid and free events (a night at the opera will typically yield more spending then a weekend children’s theater production or a free community music festival, for example). The survey respondents provided information about the entire party with whom they were attending the event. With an overall average travel party size of 2.69 people, these data actually represent the spending patterns of more than 408,000 attendees. In the State of Illinois, a total of 2,726 valid and usable audience-intercept surveys were collected from attendees to arts and culture performances, events, and exhibits during 2011. Economic Analysis A common theory of community growth is that an area must export goods and services if it is to prosper economically. This theory is called economic-base theory, and it depends on dividing the economy into two sectors: the export sector and the local sector. Exporters, such as automobile manufacturers, hotels, and department stores, obtain income from customers outside of the community. This “export income” then enters the local economy in the form of salaries, purchases of materials, dividends, and so forth, and becomes income to local residents. Much of it is re-spent locally; some, however, is spent for goods imported from outside of the community. The dollars re-spent locally have an economic impact as they continue to circulate through the local economy. This theory applies to arts organizations as well as to other producers. Studying Economic Impact Using Input-Output Analysis To derive the most reliable economic impact data, input-output analysis is used to measure the impact of expenditures by nonprofit arts and culture organizations and their audiences. This is a highly regarded type of economic analysis that has been the basis for two Nobel Prizes. The models are systems of mathematical equations that combine statistical methods and economic theory in an area of study called econometrics. They trace how many times a dollar is re-spent within the local economy before it leaks out, and it quantifies the economic impact of each round of spending. This form of economic analysis is well suited for this study because it can be customized specifically to each study region. To complete the analysis for the State of Illinois, project economists customized an input-output model based on the local dollar flow between 533 finely detailed industries within the economy of Illinois. This was accomplished by using detailed data on employment, incomes, and government revenues provided by the U.S. Department of Commerce (County Business Patterns, the Regional Economic Information System, and the Survey of State and Local Finance), local tax data (sales taxes, property taxes, and miscellaneous local option taxes), as well as the survey data from the responding nonprofit arts and culture organizations and their audiences. 829 of 994 20 Arts & Economic Prosperity IV | Americans for the Arts The Input-Output Process The input-output model is based on a table of 533 finely detailed industries showing local sales and purchases. The local and state economy of each community is researched so the table can be customized for each community. The basic purchase patterns for local industries are derived from a similar table for the U.S. economy for 2007 (the latest detailed data available from the U.S. Department of Commerce). The table is first reduced to reflect the unique size and industry mix of the local economy, based on data from County Business Patterns and the Regional Economic Information System of the U.S. Department of Commerce. It is then adjusted so that only transactions with local businesses are recorded in the inter-industry part of the table. This technique compares supply and demand and estimates the additional imports or exports required to make total supply equal total demand. The resulting table shows the detailed sales and purchase patterns of the local industries. The 533-industry table is then aggregated to reflect the general activities of 32 industries plus local households, creating a total of 33 industries. To trace changes in the economy, each column is converted to show the direct requirements per dollar of gross output for each sector. This direct-requirements table represents the “recipe” for producing the output of each industry. The economic impact figures for Arts & Economic Prosperity IV were computed using what is called an “iterative” procedure. This process uses the sum of a power series to approximate the solution to the economic model. This is what the process looks like in matrix algebra: T = IX + AX + A2X + A3X + ... + AnX. T is the solution, a column vector of changes in each industry’s outputs caused by the changes represented in the column vector X. A is the 33 by 33 direct-requirements matrix. This equation is used to trace the direct expenditures attributable to nonprofit arts organizations and their audiences. A multiplier effect table is produced that displays the results of this equation. The total column is T. The initial expenditure to be traced is IX (I is the identity matrix, which is operationally equivalent to the number 1 in ordinary algebra). Round 1 is AX, the result of multiplying the matrix A by the vector X (the outputs required of each supplier to produce the goods and services purchased in the initial change under study). Round 2 is A2X, which is the result of multiplying the matrix A by Round 1 (it answers the same question applied to Round 1: “What are the outputs required of each supplier to produce the goods and services purchased in Round 1 of this chain of events?”). Each of columns 1 through 12 in the multiplier effects table represents one of the elements in the continuing but diminishing chain of expenditures on the right side of the equation. Their sum, T, represents the total production required in the local economy in response to arts activities. Calculation of the total impact of the nonprofit arts on the outputs of other industries (T) can now be converted to impacts on the final incomes to local residents by multiplying the outputs produced by the ratios of household income to output and employment to output. Thus, the employment impact of changes in outputs due to arts expenditures is calculated by multiplying elements in the column of total outputs by the ratio of employment to output for the 32 industries in the region. Changes in household incomes, local government revenues, and state government revenues due to nonprofit arts expenditures are similarly transformed. The same process is also used to show the direct impact on incomes and revenues associated with the column of direct local expenditures. A comprehensive description of the methodology used to complete the national study is available at www.AmericansForTheArts.org/EconomicImpact. 830 of 994 Arts & Economic Prosperity IV | Americans for the Arts 21 Frequently Used Terms This section provides a glossary of economic impact terminology. Cultural Tourism Travel directed toward experiencing the arts, heritage, and special character of a place. Direct Economic Impact A measure of the economic effect of the initial expenditure within a community. For example, when the symphony pays its players, each musician’s salary, the associated government taxes, and full-time equivalent employment status represent the direct economic impact. Direct Expenditures The first round of expenditures in the economic cycle. A paycheck from the symphony to the violin player and a ballet company’s purchase of dance shoes are examples of direct expenditures. Econometrics The process of using statistical methods and economic theory to develop a system of mathematical equations that measures the flow of dollars between local industries. The input-output model developed for this study is an example of an econometric model. Econometrician An economist who designs, builds, and maintains econometric models. Full-Time Equivalent (FTE) Jobs A term that describes the total amount of labor employed. Economists measure FTE jobs—not the total number of employees—because it is a more accurate measure of total employment. It is a manager’s discretion to hire one full-time employee, two half-time employees, four quarter-time employees, etc. Almost always, more people are affected than are reflected in the number of FTE jobs reported due to the abundance of part-time employment, especially in the nonprofit arts and culture industry. Indirect Economic Impact Each time a dollar changes hands, there is a measurable economic impact. When people and businesses receive money, they re-spend much of that money locally. Indirect impact measures the effect of this re-spending on jobs, household income, and revenue to local and state government. It is often referred to as secondary spending or the dollars “rippling” through a community. When funds are eventually spent non-locally, they are considered to have “leaked” out of the community and therefore cease to have a local economic impact. Indirect impact includes the impact of all rounds of spending (except for the initial expenditure) until the dollars have completely “leaked out” of the local economy. 831 of 994 22 Arts & Economic Prosperity IV | Americans for the Arts Input-Output Analysis A system of mathematical equations that combines statistical methods and economic theory in an area of economic study called econometrics. Economists use this model (occasionally called an inter-industry model) to measure how many times a dollar is re-spent in, or “ripples” through, a community before it “leaks out” of the local economy by being spent non-locally (see Leakage below). The model is based on a matrix that tracks the dollar flow between 533 finely detailed industries in each community. It allows researchers to determine the economic impact of local spending by nonprofit arts and culture organizations on jobs, household income, and government revenue. Leakage The money that community members spend outside of the local economy. This non-local spending has no economic impact within the community. A ballet company purchasing shoes from a non-local manufacturer is an example of leakage. If the shoe company were local, the expenditure would remain within the community and create another round of spending by the shoe company. Multiplier (often called Economic Activity Multiplier) An estimate of the number of times that a dollar changes hands within the community before it leaks out of the community (for example, the theater pays the actor, the actor spends money at the grocery store, the grocery store pays its cashier, and so on). This estimate is quantified as one number by which all expenditures are multiplied. For example, if the arts are a $10 million industry and a multiplier of three is used, then it is estimated that these arts organizations have a total economic impact of $30 million. The convenience of a multiplier is that it is one simple number; its shortcoming, however, is its reliability. Users rarely note that the multiplier is developed by making gross estimates of the industries within the local economy with no allowance for differences in the characteristics of those industries, usually resulting in an overestimation of the economic impact. In contrast, the input-output model employed in Arts & Economic Prosperity IV is a type of economic analysis tailored specifically to each community and, as such, provides more reliable and specific economic impact results. Resident Household Income (often called Personal Income) The salaries, wages, and entrepreneurial income residents earn and use to pay for food, mortgages, and other living expenses. It is important to note that resident household income is not just salary. When a business receives money, for example, the owner usually takes a percentage of the profit, resulting in income for the owner. Revenue to Local and State Government Local and state government revenue is not derived exclusively from income, property, sales, and other taxes. It also includes license fees, utility fees, user fees, and filing fees. Local government revenue includes funds to city and county government, schools, and special districts. 832 of 994 Arts & Economic Prosperity IV | Americans for the Arts 23 Frequently Asked Questions This section answers some common questions about this study and the methology used to complete it. How were the 182 participating communities and regions selected? In 2010, Americans for the Arts published a Call for Participants for communities interested in participating in the Arts & Economic Prosperity IV study. Of the more than 200 participants that expressed interest, 182 agreed to participate and complete four participation criteria: (1) identify and code the universe of nonprofit arts and culture organizations in their study region; (2) assist researchers with the collection of detailed financial and attendance data from those organizations; (3) conduct audience-intercept surveys at cultural events; and (4) pay a modest cost-sharing fee (no community was refused participation for an inability to pay). How were the eligible nonprofit arts organizations in each community selected? Local partners attempted to identify their universe of nonprofit arts and culture organizations using the Urban Institute’s National Taxonomy of Exempt Entity (NTEE) codes as a guideline. Eligible organizations included those whose primary purpose is to promote appreciation for and understanding of the visual, performing, folk, and media arts. Public arts councils, public presenting facilities or institutions, and embedded organizations that have their own budget also were included if they play a substantial role in the cultural life of the community. For-profit businesses and individual artists are excluded from this study. What type of economic analysis was done to determine the study results? An input-output analysis model was customized for each of the participating communities and regions to determine the local economic impact their nonprofit arts and culture organizations and arts audiences. Americans for the Arts, which conducted the research, worked with highly regarded economists to design the input-output model used for this study. What other information was collected in addition to the arts surveys? In addition to detailed expenditure data provided by the surveyed organizations, extensive wage, labor, tax, and commerce data were collected from local, state, and federal governments for use in the input-output model. Why doesn’t this study use a multiplier? When many people hear about an economic impact study, they expect the result to be quantified in what is often called a multiplier or an economic activity multiplier. The economic activity multiplier is an estimate of the number of times a dollar changes hands within the community (e.g., a theater pays its actor, the actor spends money at the grocery store, the grocery store pays the cashier, and so on). It is quantified as one number by which expenditures are multiplied. The convenience of the multiplier is that it is one simple number. Users rarely note, however, that the multiplier is developed by making gross estimates of the industries within the local economy and does not allow for differences in the characteristics of those industries. Using an economic activity multiplier usually results in an overestimation of the economic impact and therefore lacks reliability. 833 of 994 24 Arts & Economic Prosperity IV | Americans for the Arts Why are the admissions expenses excluded from the analysis of audience spending? Researchers make the assumption that any admissions dollars paid by event attendees are typically collected as revenue for the organization that is presenting the event. The organization then spends those dollars. The admissions paid by audiences are excluded because those dollars are captured in the operating budgets of the participating nonprofit arts and culture organizations. This methodology avoids “double-counting” those dollars in the analysis. How is the economic impact of arts and culture organizations different from other industries? Any time money changes hands there is a measurable economic impact. Social service organizations, libraries, and all entities that spend money have an economic impact. What makes the economic impact of arts and culture organizations unique is that, unlike most other industries, they induce large amounts of related spending by their audiences. For example, when patrons attend a performing arts event, they may purchase dinner at a restaurant, eat dessert after the show, and return home and pay the baby-sitter. All of these expenditures have a positive and measurable impact on the economy. Will my local legislators believe these results? Yes, this study makes a strong argument to legislators, but you may need to provide them with some extra help. It will be up to the user of this report to educate the public about economic impact studies in general and the results of this study in particular. The user may need to explain (1) the study methodology used; (2) that economists created an input-output model for each community and region in the study; and (3) the difference between input- output analysis and a multiplier. The good news is that as the number of economic impact studies completed by arts organizations and other special interest areas increases, so does the sophistication of community leaders whose influence these studies are meant to affect. Today, most decision makers want to know what methodology is being used and how and where the data were gathered. You can be confident that the input-output analysis used in this study is a highly regarded model in the field of economics (the basis of two Nobel Prizes in economics). However, as in any professional field, there is disagreement about procedures, jargon, and the best way to determine results. Ask 12 artists to define art and you may get 12 answers; expect the same of economists. You may meet an economist who believes that these studies should be done differently (for example, a cost-benefit analysis of the arts). How can a community not participating in the Arts and Economic Prosperity IV study apply these results? Because of the variety of communities studied and the rigor with which the Arts & Economic Prosperity IV study was conducted, nonprofit arts and culture organizations located in communities that were not part of the study can estimate their local economic impact. Estimates can be derived by using the Arts & Economic Prosperity IV Calculator (found at www.AmericansForTheArts.org/EconomicImpact). Additionally, users will find sample PowerPoint presentations, press releases, Op-Ed, and other strategies for proper application of their estimated economic impact data. 834 of 994 Arts & Economic Prosperity IV | Americans for the Arts 25 Acknowledgments Americans for the Arts expresses its gratitude to the many people and organizations who made Arts & Economic Prosperity IV: The Economic Impact of Nonprofit Arts and Culture Organizations and Their Audiences in the State of Illinois possible and assisted in its coordination and production. Generous funding for this project was provided by Arts Alliance Illinois, which also served as the local project partner and as such was responsible for the local implentation and data collection requirements of the study. Special thanks to the John D. and Catherine T. MacArthur Foundation and The Ruth Lilly Fund of Americans for the Arts for their financial support of the national implementation of Arts & Economic Prosperity IV. Thanks also to the Cultural Data Project (CDP), a collaborative project of the Greater Philadelphia Cultural Alliance, The Greater Pittsburgh Arts Council, Pennsylvania Council on the Arts, The Pew Charitable Trusts, The William Penn Foundation, and The Heinz Endowments (in each participating state, the CDP is also the result of a collaborative partnership of public and private funders and advocacy agencies). The CDP was created to strengthen arts and culture by documenting and disseminating information on the arts and culture sector. CDP data were used in the economic impact analysis for all study regions located in Arizona, California, Illinois, Maryland, Massachusetts, Michigan, New York, Ohio, Pennsylvania, and Rhode Island. For more information about the Cultural Data Project, visit www.culturaldata.org. The State of Illinois’s Participating Nonprofit Arts and Culture Organizations This study could not have been completed without the cooperation of the 1,004 nonprofit arts and culture organizations in the State of Illinois, listed below, that provided detailed financial and event attendance information about their organization. 137 Films; 16th Street Theater; 40 North | 88 West Champaign County Arts, Culture and Entertainment Council; 500 Clown NFP; 626 Landmark Foundation ; 826CHI; 99th Street Summer Theatre Festival; A Red Orchid Theatre; About Face Theatre; Abraham Lincoln Presidential Library Foundation; Acappellago NFP; Access Living of Metropolitan Chicago; Accessible Contemporary Music; Adler Planetarium; Adventure Stage Chicago; Aerial Dance Chicago; Africa International House USA; African American Arts Alliance of Chicago; Aguijon Theater Company; AIA Illinois (American Institute of Architecture); Albany Park Theater Project; Alliance Francaise French House of Chicago; All-Village Singers; Alton Youth Symphony; Alton Symphony Orchestra; Amasong: Champaign-Urbana's Premier Lesbian/Feminist Chorus; American Association of Teachers of French; American Blues Theater; American Center for Children’s Television Inc ; American Choral Directors Association, Illinois Chapter; American Indian Association of Illinois; American Indian Center; American Music Institute ; American Needlepoint Guild Inc ; American Theater Company; Anatomically Correct; Anchor Graphics @ Columbia College Chicago; Anderson Japanese Gardens; Angels Sing Inc St Isaac Jogues Children’s Choirs ; Anila Sinha Foundation for the Promotion of Arts and Culture; Anima-Young Singers of Greater Chicago; Apna Ghar; Apollo Chorus of Chicago; ARC Gallery and Educational Foundation; Arc Light Productions; archi-treasures; Arcola Foundation; Arlington Heights Historical Society ; Ars Musica Chicago; Ars Viva; Art Association of Jacksonville Illinois; Art Attack - School of Art; Art Encounter; Art On The Square Foundation, Inc.; Art Resources in Teaching; Art Therapy Connection; ART WORKS Projects; ARTco; Arthur Ray Foundation ; Artistic Circles ; Artistic Home Acting Ensemble; Artists' Ensemble Theater; ArtReach at Lillstreet; Arts & Business Council of Chicago; Arts at Large; Arts Club of Chicago; Arts in 835 of 994 26 Arts & Economic Prosperity IV | Americans for the Arts Bartlett NFP; ArtsPartners of Central Illinois, Inc.; Asian Improv aRts Midwest; A-Squared Theatre Workshop; Association for the Advancement of Creative Musicians; Association House of Chicago; Association to Restore City Hall/Sandwich Opera House; Attic Playhouse, Inc.; Audience Architects; Auditorium Theatre of Roosevelt University; Aurora University; Averill and Bernard Leviton A+D Gallery; Bach and Beyond; Bach Week in Evanston ; BackStage Theatre Company; Bailiwick Chicago; Ballet Chicago Company; ballet quad cities; Balzekas Museum of Lithuanian Culture; Baroque Artists of Champaign Urbana; Baroque Band; Barrel of Monkeys; Barrington Children’s Choir Inc ; Batavia Artists Association; Batavia Music Buffs ; Bella Voce; Bengali Association of Greater Chicago; Better Boys Foundation (BBF); Beverly Arts Center; Beyondmedia Education; Bicentennial Art Center & Museum; Big Muddy Film Festival, SIUC; Bishop Hill Arts Council; Bishop Hill Heritage Association; Black Ensemble Theater; Black Metropolis Research Consortium; Blair Thomas & Company; Bloomington Center for the Performing Arts; Bloomington Chapter 1 of SPEBSQSA; Bloomington Parks & Recreation, Recreation Division; Bohemian Theatre Ensemble; Bolingbrook Park District; Boone County Arts Council; Bradley University; Brain Surgeon Theater; Brickton Art Center; Broadway Bound Dance Company; Bronzeville Children's Museum; Bronzeville Historical Society; Bruised Orange Theater Company; Buchanan Center for the Arts; Bulgarian Artists Abroad; Bureau of Cultural Affairs; Burlington Route Historical Society ; Callipygian Players; Cambodian Association of Illinois; Campbell Center for Historic Preservation Studies; Canal Corridor Association; Cantigny First Division Foundation; Cantigny Park; Capoeira Chicago; Carbondale Community Arts; Catholic Charities Archdiocese of Chicago(After Supper); Cavalier Drum and Bugle Corps Inc ; Caxton Club ; Center for American Archeology ; Center for Black Music Research; Center for Book & Paper Arts; Center for Community Arts Partnerships; Center on Halsted; Centerstage in Lake Forest ; Central Illinois Children's Chorus; Central Illinois Jazz Orchestra; Central Illinois Jazz Society; Central Illinois Youth Symphony; Centre East Inc; Century Walk Corporation ; Cerqua Rivera Dance Theatre; Champaign Park District; Champaign- Urbana Ballet; Champaign-Urbana Folk and Roots Festival; Champaign-Urbana Symphony Orchestra; Changing Worlds; Charlotte's Web for the Performing Arts; Chicago a cappella; Chicago Academy for the Arts; Chicago Academy of Sciences; Chicago Access Corporation; Chicago Architecture Foundation; Chicago Artists' Coalition; Chicago Arts Orchestra; Chicago Arts Partnerships in Education; Chicago Ballet; Chicago Barn Dance Company; Chicago Botanic Garden; Chicago Brass Band Association, Inc.; Chicago Cabaret Professionals; Chicago Chamber Choir; Chicago Chambers Music Society ; Chicago Children's Choir; Chicago Children's Museum; Chicago Children's Theatre; Chicago Choral Artists; Chicago Chorale; Chicago City Theatre Company ; Chicago Community Chorus NFP; Chicago Cultural Alliance; Chicago Cultural Center Foundation; Chicago Dance Crash; Chicago Dance Institute; Chicago Dance Medium; Chicago Dancing Company NFP; Chicago Dramatists; Chicago Film Archives; Chicago Filmmakers; Chicago Fusion Theatre; Chicago Gay Men's Chorus; Chicago Heights Drama Group ; Chicago History Museum; Chicago Human Rhythm Project; Chicago Humanities Festival; Chicago Improv Festival Productions; Chicago Independent Radio Project; Chicago International Film Festival Inc Cinema-Chicago; Chicago Jazz Orchestra Association; Chicago Jazz Philharmonic; Chicago Kids Company; Chicago Master Singers; Chicago Metro History Education Center; Chicago Metropolitan Symphony Orchestra; Chicago Moving Company; Chicago Muse; Chicago National Association of Dance Masters; Chicago North Chinese School ; Chicago Northwest Suburban Chinese School ; Chicago Opera Theater; Chicago Park District; Chicago Photography Center; Chicago Public Art Group; Chicago Shakespeare Theater; Chicago Sinfonietta; Chicago Slam Works; Chicago Suburban Antiques Dealers Association; Chicago Symphony Orchestra; Chicago Tap Theatre; Chicago Tyagaraja Utsavam; Chicago Video Project ; Chicago West Community Music Center; Chicago Winds Incorporation ; Chicago Writers Association; Chicago Youth Symphony Orchestras; Chicago Zoological Society; Chicagoland Theater Company; Chicspeare Production Company; Children’s Museum in Oak Lawn ; Children’s Museum of Illinois; Children’s Museum of Oak Park Inc; Children's Theatre of Elgin; Child's Play Touring Theatre; Chinatown Museum Foundation; Chinese Mutual Aid Association; CircEsteem; Circle Theatre; Citadel Theatre Company; City Lit Theatre Company; City of Urbana Public Arts Program; Civic Ballet of Chicago; Classical Symphony Orchestra; ClaySpace; Clinard Dance Theatre; Clinton Symphony Orchestra Association; Collaboraction Theater Company; College of Fine Arts & Communication (Western Illinois); College of Fine Arts and Communication, Western Illinois University PAS; Common Times; Community Center for the Arts; Community Film Workshop of Chicago; Community Players; Community Renewal Chorus; Community School of the Arts; Community Television Network; Company of Folk; Concert Dance, Inc.; Congo Square Theatre Company; Conservatory of Central Illinois; Contemporary Art Center of Peoria; cooperative image group; CORE Music Foundation; Corn Productions; Corn Stock Theatre; Coronado Performing Arts Center NFP; Cosley Foundation Inc; Country Theatre Workshop; Court Theatre; Crab Orchard Review; Croatian Cultural Center of Chicago Inc ; Cube; Cuentos Foundation; Cuerdas Clasicas; Culture Shock Chicago, NFP; Curtain Call Community Theatre; CYT Chicago; Da Corneto Opera Ensemble ; Dal Niente New Music, NFP; Dalkey Archive Press; Dance in the Parks; DanceWorks Chicago INC. NFP; DanceWorks, Inc./Pentacle; DANK Haus German American Cultural Center; DanszLoop Chicago; Danville Light Opera; Danville Symphony Orchestra; David Adler Cultural Center; Decatur Area Arts Council; Deeply Rooted Productions; Deer Path Art League ; Deerfield Park District; DeKalb Festival Chorus; Dellora A. Norris Cultural Arts Center; Des Plaines History Center; Designs for Dignity; Developmental Services Center; Discovery Center Museum; Dominican University Performing Arts Center; Do-Re-MI Club ; Downers Grove Choral Society; Downers Grove Concert Assoc; Dreamers Theatre Group, Inc. NFP; Du Page Art League ; DuPage Children's Museum; DuPage Symphony Orchestra; DuSable Museum of African American History; Eastlight Theatre; Eclipse Theatre Company; eighth blackbird Performing Arts Association; Elastic Arts Foundation; Elements Contemporary Ballet NFP; Elgin Children's Chorus; Elgin Choral Union, Inc.; Elgin OPERA; Elgin Symphony Orchestra; Elgin Symphony Orchestra Foundation ; Elgin Theatre Company; Elgin Youth Symphony Orchestra; Ellen Stone Belic Institute for the Study of Women and Gender in the Arts and Media; Elmhurst Art Museum; Elmhurst Artists' Guild; Elmhurst Choral Union; Elmhurst Symphony Association; Elmwood Park Civic Ballet Company D/B/A Ballet Legere ; Emerald City Theatre; Emergence Dance Theatre; Emilia Plater Polish School- Polanie Dance Ensemble; Ensemble Espanol; EP Theater; Erasing the Distance; Erato Chamber Orchestra; Esperanza Community Services; eta Creative Arts Foundation; Ethnic Heritage Museum; Evanston Art Center; Evanston Arts Council/Cultural Arts Division; Evanston Community Television Corporation ; Evanston Dance Ensemble; Evanston Festival Theatre, Inc.; Evanston Fourth of July Association ; Evanston In-School Music Association; Evanston Symphony Orchestra; Every house has a door, NFP; Experimental Sound Studio; Extensions Dance Co ; Facets Multi- Media, Inc.; Fair Lady Productions, Inc.; FAM Entertainment Theater Company, NFP; Farnsworth House (National Trust for Historic Preservation); Field Museum of Natural History; Fifth 836 of 994 Arts & Economic Prosperity IV | Americans for the Arts 27 House Ensemble; Fine Line Creative Arts Center; Flat Iron Artists Association ; Flood Editions; Florence Dibell Bartlette 01 21940 ; Focus on the Arts Inc ; Folepi Foundation; Fox Valley Concert Band of St Charles Illinois; Frank Lloyd Wright Building Conservancy ; Frank Lloyd Wright Preservation Trust; Free Spirit Media; Free Street Theater; Free Write; Freeport Art Museum; Friends Of Community Public Art; Friends of Danada Inc ; Friends of Fiber Art International ; Friends of Franklin Fine Arts Center Nfp ; Friends of Ryerson Woods; Friends of the Historic Genesee Theatre ; Fulcrum Point New Music Project; Fulton County Community Arts Council; Fund for Innovative TV; Galena Cultural Arts Association; Galesburg Civic Art Center; Galesburg Community Chorus; Gallery 400, College of Architecture and the Arts, University of Illinois- Chicago; Gallery 510 Arts Guild, Ltd.; Garfield Park Conservatory Alliance; Gateway Dulcimer Music Festival; Gene Siskel Film Center of the School of the Art Institute of Chicago; Genesis at the Crossroads, Inc.; Genesis Theatrical Productions NFP, Inc.; Genesius Guild; Geneva Historical Society ; German American Central Society of Peoria; Giordano Jazz Dance Chicago; Glen Ellyn-Wheaton Chorale; Glenbrook South Instrumental League ; Glessner House Museum; Global Explorers; Global Girls; Goodman Theatre; Graham Foundation for Advanced Studies in the Fine Arts; Grande Prairie Choral Arts; Grant Park Orchestral Association; Great Rivers Choral Society; Greater Peoria Sports Hall of Fame; GreenMan Theatre Troupe, NFP; Griffin Theatre Company; Groundswell Educational Films; Grove Players; Guild Complex; Halau i Ka Pono - The Hula School of Chicago; Halcyon Theatre; Hamilton Wings ; Handel Week; Hanul Family Alliance; Harmony, Hope & Healing; Harris Theater for Music and Dance; Harry and Della Burpee Museum Association ; Heartland Festival Orchestra; Heartland Theatre Company; Heartland Voices; Heaven Gallery; Hedwig Dances, Inc.; Hell in A Handbag Productions ; Henry Rockwell Baker Memorial Community Center Incorporated ; Heritage Ensemble; Highland Area Arts Council; Highland Park Historical Society ; Highland Park Players West Ridge Center ; Hinsdale Center for the Arts; Hinsdale Historical Society ; Historical Society of Oak Park and River Forest ; Homeroom; Hooked On Drums; Hromovytsia Ukrainian Dance Ensemble; Hubbard Street Dance Chicago; Hyde Collection Trust Special Trust Fund C-O Grace Allison ; Hyde Park Art Center; Hyde Park School of Dance; Hyde Park Youth Symphony; HyPa; HyPa; IAAE; Illinois Arts Alliance; Illinois Brass Band; Illinois Central Blues Club; Illinois Central College Performing Arts Center; Illinois Council of Orchestras; Illinois Holocaust Museum & Education Center; Illinois Humanities Council; Illinois Music Educators Association; Illinois Norsk Rosemalers Assn.; Illinois Philharmonic Orchestra; Illinois Press Foundation Inc ; Illinois Railway Museum; Illinois Shakespeare Festival; Illinois State Museum; Illinois Symphony Orchestra, Inc.; Illinois Theatre Association; Illinois Theatre Center of Park Forest; Illinois Valley Orchestral Association; Illinois Valley Public Telecommunications Corporation; Illinois Valley Youth Symphony; Illinois Wesleyan School of Music; Illinois Wesleyan University Summer Music Camps; Imagination Theater Company; Inaside Chicago Dance; Independent Features Project - Chicago; Indo-American Heritage Museum; Infamous Commonwealth Theatre; InFusion Theatre Company; Inner-City Muslim Action Network; Innervation Dance Cooperative; Insight Arts; Institute for Arts Entrepreneurship Nfp ; Institute for Positive Living; Institute on Disability and Human Development; Instituto Cervantes of Chicago; International Chamber Artists; International Contemporary Ensemble; International Horn Society; International House; International Latino Cultural Center; International Museum of Surgical Science; International Music Foundation; International Polka Association ; Intonation Music Workshop; Intuit: The Center for Intuitive and Outsider Art; Irish American Heritage Center; Jack & Shirley Lubeznik Center for the Arts; Jacksonville Symphony Society; Jacksonville Theatre Guild; Jacoby Arts Center; Jan Brzechwa@Polish Language School of Orland Park Inc ; Japanese American Service Committee; Jazz Education Network ; Jazz Institute of Chicago; Jazz Unites, Inc.; Joel Hall Dancers & Center; John R. & Eleanor R. Mitchell Foundation; Joliet Area Historical Museum; Jump Rhythm Jazz Project; Kalapriya, Center for Indian Performing Arts; Kankakee Valley Symphony Orchestra Association; Kankakee Valley Theatre Association; Kantorei; Karamu Association; Kartemquin Educational Films; Khecari; Kidstage Productions Inc ; Kidworks Touring Theatre Co.; Kirk Players; Kirkland Fine Arts Center; Kishwaukee Symphony Orchestra; Klehm Arboretum & Botanic Garden ; Klezmer Music Foundation ; Knox-Galesburg Symphony; Koehnline Museum of Art at Oakton Community College; Kohl Children's Museum of Greater Chicago; Korean American Community Services; Korean American Resource and Cultural Center; Korean War Veterans National Museum & Library ; Krannert Art Museum (University of Illinois at Urbana-Champaign); Krannert Center for the Performing Arts; Kuumba Lynx; La Red Productions NFP; Lajkonik Song & Dance Ensemble; Lake Bluff 4th of July Committee ; Lake County Community Concerts Association Inc ; Lake Forest Foundation for Historic Preservation ; Lake Forest Symphony; Lake Forest-Lake Bluff Historical Society ; Lake George Opera Festival Association Inc Trust ; Lake Shore Symphony Orchestra; Lakeside Singers, Inc.; Lakeview Museum Foundation; Lakeview Museum of Arts & Sciences; Lampo, Inc.; Landmarks Preservation Council ; Latin United Community Housing Association; Latino Education Alliance ; Latvian School of Chicago ; Lawyers for the Creative Arts; Lifeline Theatre; Light Opera Works; Li'l Buds Theatre Company; Lincoln Memorial Garden and Nature Center; Lincoln Park Zoo; Lincoln Square Arts Center; Links Hall; Literature for All of Us; Lithuanian Opera Company ; little black pearl; Little Egypt Arts Association, Inc; Live The Spirit Residency; LiveWire Chicago Theatre; Lombard Historical Society; Looking Glass Playhouse; Lookingglass Theatre Company; Loyola University Museum of Art (LUMA); Lucky Plush Productions; Luna Negra Dance Theater; Lyric Opera of Chicago; Macomb Community Theatre; MAKE Literary Productions, NFP; Malcolm & Dorothy Warner Mceachren Charitable Trust ; Maple Street Chapel Preservation Society, Inc.; Marwen Foundation; Mary and Leigh Block Museum of Art, Northwestern University; Mary-Arrchie Theatre Co.; Masterworks Chorale; Mattoon Arts Council; Maud Powell Music Festival; Maywood Fine Arts Association; McAninch Arts Center; McCord House NFP; McHenry Country Music Center; Mchenry County Historical Society ; McLean County Art Association; Mclean County Historical Society ; Mendelssohn Club; Merit School of Music; Metropolis Performing Arts Centre; Metropolitan Youth Symphony Orchestra; Mexican Folkloric Dance Company of Chicago; Midsummer Arts Faire; Midway Village Museum Center; Midwest Animation Promotion Society ; Midwest Ballet Theatre; Midwest Film; Midwest Palliative & Hospice Care Center; Midwest Writing Center; Midwest Young Artists; Millikin Decatur Symphony Orchestra; Mississippi Valley Blues Society; Mitchell Museum of the American Indian; Mo Betta Music After School Academy; Modern Haiku; Molly Shanahan/Mad Shak; MOMENTA Performing Arts Company; Monticello Railway Museum Inc; Mordine & Company Dance Theater; Mostly Music Chicago; Moving Image (formerly New World Repertory Theater); MPAACT; Muntu Dance Theatre of Chicago; Muse (Museum Universal Self Expression); Muse of Fire Theatre Company; Museum of Broadcast Communications; Museum of Contemporary Art; Museum of Contemporary Photography at Columbia College Chicago; Museum of Modern Art Chicago; Museum of Science and Industry; Music Academy Foundation ; Music for Youth of Arlington Heights ; Music in the Loft; Music Institute of Chicago; Music of the Baroque; Musical Arts Institute; Musicians Club of 837 of 994 28 Arts & Economic Prosperity IV | Americans for the Arts Women ; Muslim Educational Cultural Center of America ; MVCC Fine and Performing Arts Center; NAJWA DANCE CORPS; Naperville Art League; Naperville Chorus; Naperville Community Television ; Naperville Heritage Society (Naper Settlement); Naperville Municipal Band Association ; Naperville Park District; Nathan Manilow Sculpture Park; National Hellenic Museum; National Museum of Mexican Art; National Vietnam Veterans Art Museum; Natya Dance Theatre; Near NorthWest Arts Council; Neighborhood Writing Alliance; Network Knowledge; New Classic Singers; New Leaf Theatre; New Millennium Orchestra of Chicago; New Millennium Theatre Company; New Suit Theatre Company; New Sullivan Theater NFP; Newberry Library; Next Theatre Company; NightBlue Theater; Ninth Letter; NIU Art Museum; NoMi LaMad Dance; Normal Editions Workshop; Normal Theater; North Central College; North Lakeside Cultural Center; north shore art league; North Shore Center for the Performing Arts; North Shore Choral Society; Northbrook Park District; Northbrook Symphony Orchestra; Northlight Theatre; Northshore Concert Band; Northwest Center Traditional Polish Dancers; Northwest Community Music Academy; Northwest Symphony Orchestra; Nova Singers; Oak Park and River Forest Children's Chorus; Oak Park Area Arts Council; Oak Park Art League; Oak Park Concert Chorale; Oak Park Festival Theatre; Oil Painters of America; Oistrach Symphony Orchestra; Old Town School of Folk Music; Olney Arts Council; Open Studio Project; Opening Night Arts Group Inc ; Orchestra Parents-Patrons United Support Opus ; Orchestral Society of Illinois; Orion Chamber Ensemble; Orpheum Children’s Science Museum Inc; Osmosis Education Mentoring Initiative; Overshadowed Theatrical Productions; Paderewski Symphony Orchestra; Palette & Chisel Academy of Fine Arts; Paramount Arts Centre; Park Ridge Civic Orchestra; Park Ridge Fine Arts Society ; Parkland Art Gallery; Pavement Group, NFP; Pegasus Players; Pegasus Players; People's Music School; Peoria Area Civic Chorale; Peoria Art Guild; Peoria Ballet Company; Peoria Historical Society; Peoria Park District; Peoria Players Theatre; Peoria Symphony Foundation; Peoria Symphony Orchestra; Peoria Zoo; Perceptual Motion, Inc.; Percolator Films; Performing Arts Center at Oakton Community College; pH Productions; Phantom Regiment Drum & Bugle Corps Inc; Philharmonic Society of Belleville; PianoForte Foundation; Piel Morena Contemporary Dance; Pine Avenue Performing Arts, Inc; Pint-Size Publications; Piven Theatre Workshop; Playcrafters Barn Theatre; Playing Out Productions; Pleasant Home Foundation; PM&L Theatre; Poetry Center of Chicago; Poetry Forum, Inc.; Poetry Foundation; Polarity Ensemble Theatre; Polish Genealogical Society ; Porchlight Music Theatre; Portoluz; Prairie Art Alliance; Prairie Arts Council; Prairie Center Arts Foundation ; Prairie Fire Theatre; Prairie Players Civic Theatre; Princeton Theatre Group; Profiles Performance Ensemble; Prologue Theatre Company; Promethean Theatre Ensemble; Prop Theater; Pros Arts Studio; Provision Theater; Puerto Rican Arts Alliance ; Puerto Rican Cultural Center ; Quad Cities Community Broadcasting Group; Quad City Arts; Quad City Symphony Orchestra; Quad-City Music Guild; Quest Theatre Ensemble, NFP; Quincy Art Center; Quincy Civic Music Association; Quincy Community Theatre; Quincy Society of Fine Arts; Quincy Symphony Orchestra Association; Ragdale Foundation; Rajaveena School of Music Foundation; Ramubunctious Press; Raue Center For The Arts, Inc.; Raven Theatre; Ravinia Festival Association; Ray Chinese School ; Ray of Hope Center of the Arts; Reading in Motion ; Red Clay Dance Company; Red Note New Music Festival; Red Rose Children's Choir of Lake County; Red Tape Theatre Company; Redmoon Theater; Redtwist Theatre; Rembrandt Chamber Players; Remy Bumppo Theatre Company; Renovo String Orchestra; Rialto Square Theatre Corp; Rising Star Theatreworks; Rising Stars Theatre Company; Rivendell Theatre Ensemble; River North Dance Company; Riverfront Museum Park; Riverside Arts Center; Rock For Kids; Rockford Area Arts Council; Rockford Art Museum; Rockford Choral Union; Rockford Coronado Concert Association; Rockford Dance Company; Rockford Fourth of July Committee; Rockford Harmony Singing Society; Rockford Symphony Orchestra; Rockford Symphony Orchestra Foundation; Roots & Culture; Rush Hour Concerts at St. James Cathedral; Salt Creek Ballet; Same planet Different World; sammy dyer school of the theatre; Sangamon Auditorium, University of Illinois at Springfield; Sangamon Valley Youth Symphony; Schola Antiqua of Chicago; Science and Technology Interactive Center; Science Center; Seanachai Theatre Company; Segundo Ruiz Belvis Cultural Center; Senior Artist Network; Senior Citizens' Center Oak Park River Forest; Senior Suburban Orchestra; Sense of Urgency Theatre; Serendipity Theatre Collective; Setting the Stage ; Seven Circles Heritage Center; Shanti Foundation for Peace; Shattered Globe Theatre; ShawChicago Theater Company; Shedd Aquarium Society; Sherwood Community Music School; Sideshow Theatre; Silent Theatre; Silk Road Theatre Project; Sinfonia da Camera; SIUE Arts & Issues; Skokie Northshore Sculpture Park; Skokie Park District; Skokie Valley Symphony Orchestra; Smart Museum of Art; Smith Museum of Stained Glass Windows; Snow City Arts Foundation; Society for Arts; Society for Contemporary Art ; Society for Preservation & Encourmt of Barbershop Quartet Singing Amer E009 Northbrook ; Society for the Preservation of Greek Housing ; Society of Architectural Historians; Sones de Mexico Ensemble; South Chicago Art Center NFP; South Shore Drill Team & Performing Arts Ensemble; South Shore Opera Company of Chicago; Southern Illinois Irish Festival; Southern Illinois Symphony Orchestra; Southwest Community Concert Band; Southwest Symphony Orchestra; Special Gifts Theatre, Inc.; Spectrum Choral Society; Spertus Institute of Jewish Studies; Spirito Singers; Springdale Historic Preservation Foundation; Springfield Area Arts Council; Springfield Art Association of Edwards Place; Springfield Arts Center Inc; Springfield Ballet Company; Springfield Youth Performance Group; Spurlock Museum; Sri Annamacharya Project of North America(SAPNA); St Petersburg Chamber Philharmonic ; St. Charles Singers; St. Louis Volunteer Lawyers and Accountants for the Arts; Stage 773; Stage Left Theatre; Steckman Studio of Music; Steel Beam Theatre; Steep Theatre Company; Steppenwolf Theatre Company; Stevenson High School Community Foundation; Still Point Theatre Collective; Stir- Friday Night!; Story Week Festival of Writers; Storycatchers Theatre; Strangeloop Theatre; Strategic Human Services ; Strawdog Theatre Co.; Street-Level Youth Media; Striding Lion InterArts Workshop, NFP; Sugar Creek Symphony & Song; Sun Foundation for Advancement in the Environmental Sciences and Arts; SunnyU Culture and Education Center; Swan Isle Press; Swedish American Museum; Swedish Historical Society of Rockford; Sweet Adelines International-Choral-Aires; Symphony of Oak Park and River Forest; Synapse Arts Collective; T Kosciuszko School of Polish Language ; T. Daniel Productions, nfp; Tall Grass Arts Association; Tall Grass Writers Guild; Tamboula Ethnic Dance Corporation, NFP; Taylorville Main Street, Inc.; Teatro Juvenil; Teatro Vista..Theater with a View; Tellin' Tales Theatre; Terra Nova Films; The Actors Gymnasium; The Art Center of Highland Park; The Art Institute of Chicago; The Artist Series at Wheaton College; the Arts of Life; The Celebration Company at the Station Theatre; The Center for Performing Arts at GSU; The Chicago Chamber Musicians; The Chicago Classical Recording Foundation; The Chicago Ensemble; The Chicago Jazz Ensemble; The Chicago Korean-American Art Association; The Chinese Fine Arts Society; The Chorale; The Dance Center of Columbia College Chicago; The Dance COLEctive; The Danville Art League; The Festival Chorus; The Gift Theatre Company; The Gretchen Charlton Art Gallery; The Harlem Theatre Company; The HistoryMakers; The House Theatre of Chicago; The Hypocrites; The Imagine Foundation; The Joffrey 838 of 994 Arts & Economic Prosperity IV | Americans for the Arts 29 Ballet; The League of Chicago Theatres; The Legacy Project; The Lira Ensemble; The Little Theatre On The Square; The Midwest International Band and Orchestra Clinic; The Morton Arboretum; The Moving Dock Theatre Company; The National Pastime Theater Ensemble; The National Public Housing Museum; The Neo- Futurists; The Newberry Consort; The Oriana Singers; The Patrick G. and Shirley W. Ryan Opera Center; The Plagiarists; The Polish Museum of America; The Prairie Ensemble; The Raupp Museum; The Renaissance Society; The Ruckus Theater; The Ruth Page Foundation; The Savoy-aires; The Seldoms N.F.P.; The Shakespeare Project of Chicago; The Suzuki-Orff School of Music; The TRY Center (Today's Relating Youth Center) Inc.; The WBEZ Alliance Inc; Theater Oobleck; Theater Wit; Theatre & Interpretation Center at Northwestern University; Theatre Bam ; Theatre Mir; Theatre of Western Springs; Theatre Seven of Chicago; Theatre Y ; Theo Ubique Cabaret Theatre; Third Coast Percussion; Thodos Dance Chicago; Three Sisters Folk Art School; Threewalls; Tight Five Productions NFP; Timber Lake Playhouse; Time of Your Life Players; TimeLine Theatre Company; Tinker Swiss Cottage Inc; Tiz Media Foundation ; Tower Chorale ; Town of Normal Children’s Discovery Museum Foundation ; Township High School District 214 Community Education; Townsquare Players Inc ; Transparent Watercolor Society of America; Trap Door Theatre; Trinity Booster Club ; Trio Chicago And Friends; Tru Vision Productions, NFP; TUTA Theatre Chicago; Two Rivers Arts Council; Tws Foundation ; Ukrainian Institute of Modern Art; Ukrainian National Museum; Union League Civic & Arts Foundation ; Union Street Gallery; United Moravian Societies; United States Veterans Arts Program; Unity Chinese Culture Council ; University Galleries, Illinois State University; University of Chicago Presents; Urban Gateways; Urban Solutions; Urbana- Champaign Independent Media Center; VADCO/Valerie Alpert Dance Company; VanderCook College of Music; Vermilion County Museum; Vesalius Foundation for Visual Communications in the Health Sci ; Viaduct Arts Coalition; Vicarious Theatre Company (dba Babes With Blades); Victory Gardens Theater; Village of Park Forest; Vintage Theater Collective; Vivian G. Harsh Society; Voice of the City; Voices in Harmony; Von Heidecke Ballet; VOX 3 Collective, Inc. NFP; Walkabout Theater Company; Waukegan Park District-Cultural Arts Division; WEFT; West Suburban Symphony Society; Wheaton Drama Inc ; Wheaton Historic Preservation Council ; Wheeling Instrumental League of Wheeling High School ; Wici Song and Dance Company; William Ferris Chorale; Willow Review; Wilmette Theatre Education Project, NFP; Window to the World Communications, Inc.; Windy City Performing Arts Inc ; Winifred Haun & Dancers; Winnetka Community House ; Winnetka Theater Inc ; WIUM/WIUM; Woman Made Gallery; Woodstock Mozart Festival; Writers' Theatre; WVIK Augustana Public Radio; WYCC-TV; Xilin Association; Young Chicago Authors; Young Naperville Singers; Youth Choral Theater of Chicago; Youth Service Project, Inc.; and Zephyr Dance Ensemble. The State of Illinois’s Participating Nonprofit Arts and Culture Patrons Additionally, this study could not have been completed without the cooperation of the 2,726 arts and culture audience members who generously took the time to complete the audience-intercept survey while attending a performance, event, or exhibit within the State of Illinois. 839 of 994 30 Arts & Economic Prosperity IV | Americans for the Arts 840 of 994 "One of the keys to building and sustaining communities and promoting high quality economic development is support and funding of the arts. We have witnessed, in some states, decreased support of the arts which is counterproductive and a major step backward. We need to emphasize that potential employers look at enrichment of lives as well as schools, hospitals, libraries, and other essential services for the communities in which they want to locate. We need to continue—and increase—our support for the arts. In today’s competitive marketplace, it has never been truer that supporting the arts means business." — Senator Steve Morris President, National Conference of State Legislatures "The Committee Encouraging Corporate Philanthropy (CECP), which is active in measuring trends and best practices in corporate giving to the arts, values the far-reaching research and leadership of Americans for the Arts, demonstrated in the Arts & Economic Prosperity™ series.” — Charles H. Moore Executive Director, Committee Encouraging Corporate Philanthropy 841 of 994 32 Arts & Economic Prosperity IV | Americans for the Arts 842 of 994 843 of 994 844 of 994 845 of 994 846 of 994 847 of 994 848 of 994 849 of 994 850 of 994 851 of 994 852 of 994 853 of 994 854 of 994 Project Budget Piven Theatre Workshop - Noyes Cultural Arts Center Renovation Hard Costs Budget Projected Pro Bono- TO DATE Total Basement Work $200,000.00 $200,000.00 First Floor $700,000.00 $700,000.00 Second Floor $400,000.00 $400,000.00 Site, Entry Encosure Work $200,000.00 $200,000.00 Environmental Work $25,000.00 $25,000.00 Sub Total $1,525,000.00 $1,525,000.00 General Conditions, OH&P, Insurance, Contingency $400,000.00 $400,000.00 Total $1,925,000.00 $1,925,000.00 Soft Costs Budget Projected Pro Bono - TO DATE Accountant $20,000.00 $15,400.00 $4,600.00 Architect $300,000.00 $250,000.00 $50,000.00 Cleaning $10,000.00 $10,000.00 Commissions Consultants $20,000.00 $20,000.00 Engineers/Design Consultant $250,000.00 $200,000.00 $50,000.00 Fundraising $20,000.00 $20,000.00 Insurance $15,000.00 $15,000.00 Legal Lease $20,000.00 $20,000.00 $0.00 Moving $5,000.00 $5,000.00 Permits/LEED Certification $50,000.00 $25,000.00 $25,000.00 Project Management $100,000.00 $100,000.00 $0.00 Signage $100,000.00 $100,000.00 Surveying $15,000.00 $15,000.00 Testing/Selective Demolition $45,000.00 $45,000.00 Utilities $15,000.00 $15,000.00 Sub-Total $985,000.00 $610,400.00 $374,600.00 Soft Contingency 5%$49,250.00 $49,250.00 TOTAL $1,034,250.00 $423,850.00 FF&E Costs (Furniture, Fixtures & Equipment)Budget Projected Pro Bono - TO DATE Furniture $65,000.00 $65,000.00 Fixtures and Equipment • Classrooms $5,000.00 $5,000.00 • Lobby/Snack Bar $10,000.00 $10,000.00 Curtains & Screens $17,000.00 $17,000.00 Seating and stage adjustable platforms $74,000.00 $74,000.00 Rigging $50,000.00 $50,000.00 Light System / Accessories $143,450.00 $143,450.00 Compiled by: Piven Theatre Workshop, HPA, Levine Construction, Grand Stage, OM Workspace 1855 of 994 Project Budget Piven Theatre Workshop - Noyes Cultural Arts Center Renovation Lift $8,500.00 $8,500.00 Audio System Audio Equipment / Accessories $75,000.00 $75,000.00 Lobby $5,000.00 $5,000.00 Artwork/Accessories $15,000.00 $15,000.00 Computer System $50,000.00 $50,000.00 Security System $10,000.00 $10,000.00 Telephone System $15,000.00 $15,000.00 Sub-Total $542,950.00 $542,950.00 FF&E Contingency $54,295.00 $54,295.00 TOTAL $597,245.00 $597,245.00 Summary of Costs Budget Projected Pro Bono - TO DATE Land Hard $1,925,000.00 $1,925,000.00 Soft $1,034,250.00 $610,400.00 $423,850.00 FFE $597,245.00 $597,245.00 TOTAL $3,556,495.00 $2,946,095.00 Compiled by: Piven Theatre Workshop, HPA, Levine Construction, Grand Stage, OM Workspace 2856 of 994 857 of 994 858 of 994 859 of 994 860 of 994 861 of 994 862 of 994 863 of 994 864 of 994 The Economic Return on the City’s Investment in Piven’s proposal Return on a $2.2mm from the city to Piven:  When the loan comes to maturity, and not accounting for the potential increase in interest rate, the interest return to the city will be roughly $724,647 and the full loan repayment, therefore, is about $3 million.  The building improvements will add roughly $2.0 million to the value of the building.  In the current agreement, Piven will also contribute $33,125 in capital improvements for the rest of the building during the first term of the agreement. Economic impact: The following uses the same assumptions as the article written in Evanston Now on the Music Institute’s contributions to the city economy.  A 200 seat theater with shows of various levels and theater companies, at a roughly 75% capacity, 200 nights a year, will bring in 30,000 visitors to the Noyes Center.  Assuming 60% of those people are over the age of 21 and 80% of those having at least 1 drink, the City would earn over $9,200 annually in liquor tax.  Moreover, based on 30,000 visitors (which does not include Piven’s students, or parents picking up students, etc.), the number of patrons would result in a $236,000 economic benefit to the Noyes corridor, if 60% of the people spend between $9 and $14 on their visit to the theater (i.e. anything from several cups of coffee to a meal in a restaurant). None of this estimates parking or hotel tax revenue or any other taxes the City could collect. Total Benefit:  Based on liquor tax, Noyes street benefit, improved value to the building and repayment of the loan, the 25 year economic benefit to the City of Evanston is $11,163,125.  In other words, the City of Evanston will realize a 407.41% return on their $2.2 million loan (more if the increased variable rate condition is triggered).  Over 25 years, the average annual return will be 16.30%.  This annual economic return on investment is roughly 32.6 times greater than the return on the City’s own investment fund, and these numbers do not reflect the economic benefit derived from the increased daily traffic to the building based on expanded class capabilities and theater training opportunities. Nor do the assumptions herein reflect the potential for increased rents based on a building that is now significantly more desirable. 865 of 994 Noyes Tenants Association Pre-Requisites for Piven Expansion The following guarantees are requested in writing: 1. No current Noyes Center tenant will be displaced by the Piven expansion, unless a suitable Noyes Center studio, of equal size and quality, is found for the displaced tenant. The new space must be agreeable to the displaced tenant. 2. New locations for all displaced Noyes tenants must be found and agreed upon by the displaced tenant prior to the June 3, 2013 Human Services Committee meeting. 3. Rent increases for all Noyes tenants will not exceed the Consumer Price Index for the entire term of the Piven lease agreement. 4. No tenants will be displaced or forced to stop their work during Piven expansion construction. The Piven expansion will be staged so that reasonable exits and entrances are available to all of the building at any given time. If any tenant displacements are necessary during construction, reasonable accommodations must be made for those tenants.* Any displacements must be identified prior to the July 2013 City Council meeting and agreeable to the displaced tenant. If expansion construction prevents any tenant from working in his/her studio for more than one day, that tenant will receive reparations for any lost revenue by the City of Evanston. In the event of an unanticipated tenant hindrance, the City of Evanston will make every effort to re-locate any tenant who becomes unable to work, for more than one week, due to the Piven expansion. If no suitable space is found for such a hindered tenant, the City must make reparations for any lost revenue until the Piven construction is complete, or the tenant is able to resume work. Rent will not be charged for any tenant who is unable to use their space. 5. The City will continue to provide adequate services, maintenance and security for the entire building, comparable to those currently provided, before, after and during the Piven expansion. 6. If Piven, or any displaced tenant requires Evanston Art Center space, the Evanston Art Center must be accommodated, in a manner agreeable to them, before Piven expansion construction begins. 7. The City of Evanston will follow through with testing and compliance regarding lead and asbestos abatement and cover all related costs. *Ventilation for Mary Anne Brown will be an issue to be addressed. 866 of 994 8. Leases for all tenants will be automatically renewable, as in the past, as long as tenants comply with the requirements of their leases. Qualifications for studio space will remain the same as well. 9. Piven agrees not to expand their space in the building for the full term of their lease without a majority vote of tenants association approving expansion. 10. All public areas will be accessible to everyone during normal business hours. Piven will be responsible for opening and closing their own space. 11. Tenants expressed deep concern about lopsided influence of Piven in post-expansion decision making. We are not sure how that can be addressed and are open to suggestions. 867 of 994 868 of 994 869 of 994 870 of 994 For City Council meeting of July 8, 2013 Item H3 Resolution 8-R-13: Amendment to 2011 Piven Theatre Lease Agreement For Action To: Honorable Mayor and Members of the City Council Human Services Committee From: Michelle L. Masoncup, Deputy City Attorney Subject: Resolution 8-R-13, Amendment of 2011 Piven Theatre Workshop Lease Agreement Date: July 3, 2013 Recommended Action: Staff recommends that City Council consider Resolution 8-R-13 “Authorizing the City Manager to Enter into an Amendment of a Lease Agreement with Piven Theatre Workshop, Inc.”. This resolution was discussed at the June 3, 2013 Human Services Committee meeting and forwarded to City Council without recommendation. Funding Source: N/A Summary: In March 2011, the City of Evanston and Piven Theater Workshop entered into a lease agreement for an initial term of 10 months (March 1, 2011 – December 31, 2011), which contained two one-year option periods (the “2011 Lease Agreement”). Piven exercised the first option to renew the 2011 Lease Agreement on December 4, 2011 for the period of January 1, 2012 – December 31, 2012. The amendment to the 2011 Lease Agreement that is the subject of this Resolution 8-R-13 exercises the second option provided in the 2011 Lease Agreement, the option ’s Effective Date to January 1st for a term of January 1, 2013 – December 31, 2013, and amends the 2011 Lease Agreement regarding rent to $1.00 for the year. If the parties execute a lease and construction agreement for the renovation and long term lease pursuant to Ordinance 43-O-13 at a later date, this Amendment will be null and void. Attachments: Resolution 8-R-13 Exhibit 1 – Amendment to 2011 Lease Agreement Memorandum 871 of 994 5/22/2013 5/1/2013 ~1~ 8-R-13 A RESOLUTION Authorizing the City Manager to Execute an Amendment of a Lease Agreement with Piven Theatre Workshop, Inc. SECTION 1: Pursuant to Subsection 1-17-4-1 of the Evanston City Code of 2012, as amended (the “City Code”), the City Manage r is hereby authorized and directed to sign, and the City Clerk is hereby authorized and directed to attest on behalf of the City, an amendment to a lease agreement dated March 1, 2011 for studio and theater space by and between the City and Piven Theater Workshop, Inc., a not- for-profit corporation (“Piven”), for a one-year term with certain conditions. The amendment shall be in substantial conformity with the amendment attached hereto as Exhibit 1 and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional terms and conditions for the amendment to the lease agreement with Piven as may be determined to be in the best interests of the City and approved as to form by the Corporation Counsel. SECTION 3: This Resolution 8-R-13 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: __________________, 2013 872 of 994 5/22/2013 5/1/2013 ~2~ EXHIBIT 1 AMENDMENT TO LEASE AGREEMENT 873 of 994 THIS FIRST AMENDMENT TO MASTER STUDIO LEASE AGREEMENT (“Master Studio Lease Amendment”), is made and entered into as of ________, 2013, by and between the City of Evanston, an Illinois municipal corporation (the “Landlord”), and Piven Theatre Workshop, an Illinois not-for-profit corporation (“Tenant”). RECITALS The Landlord and Tenant entered into a master studio lease agreement dated March 1, 2011 to lease a portion of certain property located at 927 Noyes Street (the “Master Studio Lease Agreement”), which is attached hereto as Exhibit “A” and incorporated herein by reference. The Landlord and Tenant executed that certain Commercial Lease Agreement to provide written detail of the rental terms of the subject commercial property. The Landlord and Tenant desire to modify certain matters set forth in the Studio Lease Agreement pursuant to this Master Studio Lease Amendment with respect to the rent rate of the Premises and exercise the one-year option listed in Section 2(C) of the Master Studio Lease Agreement. NOW THEREFORE, in consideration of the premises set forth above, and the mutual agreements hereinafter set forth below, it is hereby agreed by and between the parties hereto as follows: 1. INCORPORATION OF RECITALS The representations set forth in the foregoing recitals are material to this Master Studio Lease Amendment and are hereby incorporated into and made a part of this Master Studio Lease Amendment as though they were fully set forth in this Article 1. 2. MODIFICATIONS TO THE AGREEMENT A. Section 1(A) “Rental Rate” shall be fully replaced with the following language: “Lessee will pay Lessor the rental rate of $1.00 $60,000 (one Sixty Thousand and no/100 dollars), per annum. The Rent is comprised of $50,000 per annum credit [for in kind contributions] and $10,000 per annum in cash month and due on or before the 1st day of each month (the “Rent”) for the remainder term of the Lease, as defined in Paragraph 2(C). The cash portion of the Rent will be paid in equal monthly installments.” B. Section 1(B) shall be deleted in its entirety. C. Section 2(C) shall be redacted and replaced with the following language: “The Lessee hereby exercises its right to renew the lease for a one-year term, January 1, 2013 to December 31, 2013. The effectiveness of this option is backdated to January 1, 2013. If the parties execute a certain ‘Lease and Construction Agreement pursuant to Ordinance 43-O-13, this Amendment shall 874 of 994 2 be null and void.” D. Section 12 shall be amended to read as follows: “Lessee hereby covenants and agrees to perform during the term of this Lease the Community Service activity set forth and defined in Appendix B. Community Service is approved in advance by the Noyes Tenant’s Association and calculated based on the 2012 rent rate (with the use of Studio 103) to be a total value of $8,876.46. Lessee may request to opt out of the Community Service by submitting a written request to the Director of Parks, Recreation or Community Service or his/her designee. If the Community Service opt-out is approved, Lessee agrees to pay the City for the value of the Community Service.” 3. MISCELLANEOUS PROVISIONS A. Except as specifically amended herein, all of the terms, covenants, representations, warranties, conditions and stipulations contained in the Master Studio Lease Agreement are ratified and confirmed in all respects and shall continue to apply with full force and effect, including but not limited to provide valid insurance and must pay the standard Noyes Cultural Arts Center Fees outlined on Appendix D. B. Capitalized terms used but not defined herein shall have the meanings ascribed thereto in the Master Studio Lease Agreement. C. This Master Studio Lease Amendment may be executed in several counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. D. A facsimile signature shall be deemed an original signature. E. This Master Studio Lease Amendment shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 875 of 994 3 IN WITNESS WHEREOF, this Master Studio Lease Amendment approved and executed by the parties as of the date and year first above set forth above. TENANT: Piven Theatre Workshop, an Illinois not-for-profit corporation By: ________________________ Print Name: __________________ Its: ________________________ LANDLORD: City of Evanston, an Illinois municipal corporation By: ____ Print Name: Wally Bobkiewicz Its: City Manager 876 of 994 4 EXHIBIT A Master Studio Lease Agreement 877 of 994 878 of 994 879 of 994 880 of 994 881 of 994 882 of 994 883 of 994 884 of 994 885 of 994 886 of 994 887 of 994 888 of 994 889 of 994 890 of 994 891 of 994 892 of 994 893 of 994 894 of 994 895 of 994 896 of 994 897 of 994 898 of 994 899 of 994 900 of 994 901 of 994 902 of 994 903 of 994 904 of 994 905 of 994 906 of 994 907 of 994 908 of 994 909 of 994 910 of 994 911 of 994 912 of 994 913 of 994 914 of 994 915 of 994 916 of 994 917 of 994 918 of 994 919 of 994 920 of 994 For City Council meeting of July 8, 2013 Item O1 Business of the City by Motion: Funding for North Shore Convention & Visitors Bureau For Action To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Joe McRae, Deputy City Manager Johanna Nyden, Economic Development Coordinator Subject: Chicago's North Shore Convention and Visitors Bureau (CNSCVB) 2013 Request for Funding Date: July 2, 2013 Recommended Action The Economic Development Committee and staff support a recommendation to City Council for approval of $65,564 in funding for a twelve month period, commencing July 1, 2013 through June 30, 2014, to Chicago’s North Shore Convention and Visitors Bureau (CNSCVB). Funding Source: Economic Development Fund’s Economic Development Partnership Account (Account 5300.62659). The FY2013 budget allocated $290,500 to this account for the City’s Economic Development Service partners. To date, $66,500 has been spent from this account. Background: CNSCVB is the certified convention and visitor’s bureau currently representing Evanston, Glenview, Northbrook, Skokie and Winnetka. The group’s primary mission is to attract group and individual business and leisure travelers to these communities. CNSCVB works closely with the local hotels, the Evanston Chamber of Commerce, Downtown Evanston and other business districts in Evanston to carry out this mission. Evanston has been a funding partner of the Bureau for over 10 years and was the initial founder of its predecessor, the Evanston Convention and Visitor’s Bureau. The annual budget for the CNSCVB is approximately $1,248,778; Evanston’s contribution is 5.2 percent of the overall budget. The CNSCVB also charges membership dues to its membership base with hotels paying $25 per room annually and restaurants, retailers, and attractions paying $250 on average annually. Attachments: -CNSCVB Cover Letter and Presentation -CNSCVB Budget Memorandum 921 of 994 922 of 994 923 of 994 924 of 994 925 of 994 926 of 994 927 of 994 928 of 994 929 of 994 930 of 994 931 of 994 932 of 994 933 of 994 934 of 994 935 of 994 936 of 994 937 of 994 938 of 994 939 of 994 940 of 994 941 of 994 942 of 994 943 of 994 944 of 994 945 of 994 946 of 994 947 of 994 948 of 994 949 of 994 950 of 994 951 of 994 952 of 994 To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Johanna Nyden, Economic Development Coordinator Meagan Jones, Interim Economic Development Coordinator Subject: Recommendation for the Chicago-Dempster Merchants Association’s Application for the Evanston Great Merchants Grant Program Date: July 1, 2013 Recommended Action: Staff and the Economic Development Committee recommend City Council approval of a Great Merchant Grant in the amount of $7,500 to the Chicago-Dempster Merchants Association for Fiscal Year 2013 projects, described in detail below. Funding Source: The Economic Development Fund’s Business District Improvement Fund (Account: 5300.65522). The approved 2013 Fiscal Year Budget allocated a total of $175,000 to this account, with no more than $72,000 of that funding being allocated to the Great Merchant Grants Program. In June, City Council approved four merchant grants and Chicago-Dempster Merchants Association’s request for district plantings ($1,500). The total approved amount was for $37,186. The balance of the request from CDMA was scheduled to return to the Economic Development Committee at the June 26 meeting. Summary: At the June 26, 2013 meeting, the Economic Development Committee recommended approval of the revised request from the Chicago-Dempster Merchants Association in the amount totaling $7,500 (this results in a total request of $9,000 for CDMA). The Chicago-Dempster Merchants Association has updated their requested funds for six projects with the following funding breakdown (See attached application for additional detail): Memorandum For City Council meeting of July 8, 2013 Item O2 Business of the City by Motion: Chicago-Dempster Merchants Grant For Action 953 of 994 [1] District Plantings were approved at the June 10, 2013 City Council meeting. Activity Amount District Planter Plantings [1] $1,500.00 Purchase and Installation of Young Evanston Artists and CDMA Banners $ 650.00 District Wayfinding Signage $2,850.00 Advertisement for Sidewalk Sale $1,500.00 Holiday Walk Lighting and Decorations $1,000.00 Cooperative Advertising Support to Association Members $1,500.00 Total Request $9,000.00 The revised request was found to be complete based on the guidelines of the program. The proposed projects are eligible activities under the “Enhancement of Physical Environment” and “Neighborhood Promotion” Project Eligibility Criteria for projects, as outlined in the application guidelines. Staff and the Economic Development Committee recommend that the remaining activities be funded for an amount totaling $7,500. The submitted application with the supporting documentation is attached immediately following this memorandum. Legislative History: At the June 26, 2013 Economic Development Committee meeting, the Committee voted unanimously to recommend the approval of $7,500 of this grant award to the City Council in order to fund banners, wayfinding signage, cooperative advertising, holiday lighting and advertisement for their sidewalk sale. On June 10, 2013 Council approved $1,500 of this grant award to fund district plantings. Attachments: Correspondence from Chicago-Dempster Chicago-Dempster Merchants Association Application Chicago-Dempster Merchants Association Membership List 954 of 994 With a diverse mix of shops restaurants and services, the Chicago Dempster Merchants Association always strives to meet the goals of the Economic Development committee by working in conjunction with Evanston non-profits like YEA, and Evanston vendors like Allegra Printing, Plantings and the Shop Evanston booklet. It has always been our goal to utilize this grant for neighborhood beautification, building a strong neighborhood identity and marketing ourselves beyond our neighborhood. Member dues (of roughly $2500) pay for the remainder of many of these projects. We are very excited about the fall opening of Trader Joe's and the greater exposure it will bring to our neighborhood. In our grant proposal, we are requesting roughly half of the funds for marketing and half of the funds for building neighborhood identity and beautification as follows: NEIGHBORHOOD IDENTITY AND BEAUTIFICATION APPROVED 5/2013 $1500 - Flowers (of $2100) for summer and winter plantings $650 – Banner installation (of $1300) cost shared with YEA $2850 – Signage: Way finding signage in keeping with guidelines set by the city’s new signage plan. This is an estimated starting cost for a street corner map/kiosk of businesses. This would allow us to bring attention to the great new businesses west of the tracks that need it most, Four Finches, Paramour Bungalow & Hewn. MARKETING $1500 – Sidewalk sale advertising in conjunction with Downtown Evanston. These funds allow us visibility in major media outlets like the Chicago Tribune, the CTA, and local media outlets that we as individual businesses would otherwise not be able to afford. Each year this has helped to bring in lots of new customers from all neighboring communities. $1000 – Holiday Walk marketing. That includes installation of snowflakes, distribution of lights and decorations to merchants and production of printed promotional materials. A festive neighborhood during the holiday season is a great boon to business. $1500 – Co-Op advertising (of $6000) in Shop Evanston magazine. This is a direct mail piece with neighborhood specific articles and advertising that goes to 10,000 homes. The remainder of cost is covered by ads from the local merchants. It is not a “throw-away” bit of advertising, but a magazine format that is additionally handed out at all the merchants. We’ve definitely seen a surge in neighborhood business and customers noting they “saw us in the magazine”. (This year’s cost is 10% over last year’s attached invoice) 955 of 994 956 of 994 957 of 994 958 of 994 959 of 994 960 of 994 Invoice Date 10/6/2012 Invoice # 1867 Bill To Chicago Dempster Merchant Assoc c/o Paul Giddings 1310 1/2 Chicago Ave Evanston, IL 60201 CMYK Media Group Inc. Terms Due Date 10/6/2012 We appreciate your prompt payment.Total P.O. Box 6004, Evanston, IL 60204 847-322-4943 Fax 847-328-2574 Item DescriptionQuantity Price Each AmountService Date Custom Printing Custom Printing-Chicago Dempster Merchant Assoc-Annual Guide. 10,000 copies: 16 page 4 color, gloss, digest sized publication. Design, layout,editorial content, freight and distribution are included in pricing. Additional cost per 1000 is $150--optional amount not included in pricing 1 6,325.00 6,325.0010/5/2012 Custom Distribut...included in price1 0.00 0.00 Design Service Included in price1 0.00 0.00 Editorial Service Included in price1 0.00 0.00 Online Marketing Digital conversion of guide and hosting of digital publication on website 1 250.00 250.00 Sales Discount Sales Discounts per agreement/long term customer1 -1,150.00 -1,150.00 $5,425.00 961 of 994 Chicago Dempster Merchants Assoc. 2012 Members 601 Dempster Bagel Art Blind Faith Carmens Pizza Christopher DuQuest Jewelry Cottage Jewelry Dozika Finders Keepers Folkworks gallery Frame Warehouse Hand ME Downs Imprint Movement Studio Ken Hazlett Architect Kens Cleaners  Kettlecamp & Kettlecamp Landscape Arch. Minasian Rugs Oasis Spa Orrington Reality Perspective Gallery Second Hand Tunees Secret Treasures Shaker Traditions Soapies Spex Eyewear Squeezebox Books and Music Union/Space 962 of 994 For City Council meeting of July 8, 2013 Item O3 Business of the City by Motion: Howard Street Merchants Grant For Action To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Johanna Nyden, Economic Development Coordinator Meagan Jones, Interim Economic Development Coordinator Subject: Recommendation for the Howard Street Business Association’s Application for the Evanston Great Merchants Grant Program Date: July 1, 2013 Recommended Action: Staff and the Economic Development Committee recommend City Council approval of a Great Merchant Grant in the amount of $9,000 to the Howard Street Business Association (HSBA) for Fiscal Year 2013 projects, described in detail below. Funding Source: The Economic Development Fund’s Business District Improvement Fund (Account: 5300.65522). The approved 2013 Fiscal Year Budget allocated a total of $175,000 to this account, with no more than $72,000 of that funding being allocated to the Great Merchant Grants Program. In June City Council approved four merchant grants and Chicago-Dempster Merchants Association’s request for district p lantings ($1,500). The total approved amount was for $37,186. Summary: HSBA requested funding for two projects, as follows: Activity Amount Spring and Winter Plantings $1,500.00 Tree Lighting with LED Strings $4,200,00 Business District Advertising $3,300.00 Total Request $9,000.00 This submission was found to be complete and the proposed projects fall under the eligible activity of “Neighborhood Promotion” and “Enhancement of Physical Environment” Project Eligibility Criteria for projects, as outlined in the application guidelines. Memorandum 963 of 994 Page 2 of 2 The submitted application and supporting documentation is attached immediately following this memorandum. Legislative History: At the June 26, 2013 Economic Development Committee meeting, the Committee voted 7-0 to recommend the approval of this funding request to the City Council. Attachments: Howard Street Business Association Application Howard Street Business Association Membership List 964 of 994 965 of 994 966 of 994 967 of 994 968 of 994 969 of 994 970 of 994 971 of 994 972 of 994 973 of 994 974 of 994 975 of 994 976 of 994 977 of 994 978 of 994 979 of 994 980 of 994 981 of 994 982 of 994 983 of 994 984 of 994 985 of 994 986 of 994 987 of 994 988 of 994 989 of 994 990 of 994 991 of 994 992 of 994 993 of 994 994 of 994