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HomeMy WebLinkAbout07.22.13 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, July 22, 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 Grover (II) Mayor Public Announcements Recognition of the Youth Citizen Police Academy Graduates (III) City Manager Public Announcements Skate Park Update (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 Orders of Business (VII) Consent Agenda: Alderman Rainey 1 of 731 City Council Agenda July 22, 2013 Page 2 of 7 7/18/2013 6:12 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) Harley Clarke Mansion Update Staff requests direction from City Council regarding next steps for the Harley Clarke Mansion Project. For Action (SP2) Novak Consulting Group Management Audit of Evanston Township Staff recommends consideration of the Township Management Audit from The Novak Consulting Group of Cincinnati, Ohio and implementation of its recommendations for Evanston Township. For Action CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council meeting July 8, 2013 (M2) Approval of Minutes of the Regular City Council meeting July 15, 2013 For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through 6/30/13 $2,801,415.86 (A2) City of Evanston Bills FY2013 7/23/13 $2,857,592.18 For Action 2 of 731 City Council Agenda July 22, 2013 Page 3 of 7 7/18/2013 6:12 PM (A3.1) Approval of One-year Contract Extension with Badger Meter, Inc. for the Water Meter Purchase Contract (Bid 12-138) Staff recommends that City Council authorize the City Manager to execute a one- year contract extension for the Water Meter Purchase contract to Badger Meter, Inc. (4545 West Brown Deer Road, Milwaukee, WI) in the amount of $20,000. Funding is provided by the Water Fund Accounts 7120.65070 and 7125.65080. For Action (A3.2) Approval of Contract with F.E. Moran, Inc. for the 2013 HVAC Improvement Project (Bid 13-48) Staff recommends that City Council authorize the City Manager to execute a contract for the base bid plus alternate bid 2 for the 2013 HVAC Improvement Project with F.E. Moran Inc. (2265 Carlson Drive, Northbrook, IL) in the amount of $489,300. Funding is provided by the FY2013 Capital Improvement Plan (CIP) Accounts 416144, 415602, and 415688. For Action (A3.3) Approval of Contract with T.Y. Lin International for the Evanston Bicycle Plan Update Project (Bid 13-18) Staff recommends that City Council authorize the City Manager to execute a contract with T.Y. Lin International (200 S. Wacker Drive, Suite 1400, Chicago IL) in the amount of $120,321.58 for the Evanston Bicycle Plan Update project. Funding is provided by the Chicago Metropolitan Agency for Planning (CMAP) grant in the amount of $100,000 and the CIP Fund (415937) in the amount of $20,321.58. For Action (A3.4) Approval of Contract with Schroeder & Schroeder, Inc. for the 2013 Alley Paving Project (Bid 13-53) Staff recommends the City Council authorize the City Manager to execute a contract for the 2013 Alley Paving Project to Schroeder & Schroeder, Inc. (7306 Central Park, Skokie, IL) in the amount of $497,590.06. Funding is provided by the Special Assessment Fund (6365.65515) in the amount of $252,590.06 and CDBG Funds in the amount of $245,000. The homeowner’s portion of the special cost is collected over a period of ten years. For Action (A3.5) Approval of Grandmother Park Project 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. Grandmother Park Initiative (GPI) has raised the required revenue needed to complete this park according to estimates reviewed by City and Grandmother Park representatives. GPI representatives recommend the use of Nature's Perspective for this project. For Action 3 of 731 City Council Agenda July 22, 2013 Page 4 of 7 7/18/2013 6:12 PM (A4) Approval of an Amendment to the Agency Agreement for the Management of the Natural Gas Purchase and an Amendment to the Agreement for the Purchase of Natural Gas for 16 City Owned Buildings Staff recommends that the City Council authorize the City Manager to negotiate and execute Amendment 1 to the Agency Agreement with Northwestern University for the management of the natural gas purchase. The amendment extends the term of the agreement through August 31, 2015. Staff also recommends that the City Council authorize the City Manager to negotiate and execute Amendment 5 to the agreement with Twin Eagle Resource Management, LLC (5120 Woodway, Suite 10010, Houston, TX) for the purchase of natural gas for 16 City owned buildings when the strike price is below $5.00 per MMBTU. The amended term of the agreement would be effective September 1, 2015 through August 31, 2016. For Action (A5) Resolution 46-R-13, 1223 Simpson Street Boiler Room Apartment Lease Renewal Staff recommends approval of Resolution 46-R-13, authorizing the City Manager to execute a lease between the City of Evanston and Norma and Nolan Robinson for the Apartment located at 1223 Simpson Street for the period August 1, 2013 to July 31, 2014. For Action (A6) Ordinance 57-O-13, Amending Title 10, to Regulate Parking in Electric Vehicle Charging Stations Staff recommends City Council City consideration of Ordinance 57-O-13, which amends Title 10 regarding restricted use of Electric Vehicle Charging Stations and parking Violation Penalties to regulate parking in electric vehicle charging stations. For Introduction (A7) Ordinance 79-O-13, Amending Title 10, Passenger Loading Zone at 1702 Sherman Avenue and Taxicab Stand on 1600 Block of Oak Avenue The Transportation/Parking Committee and staff recommend City Council City consideration of Ordinance 79-O-13 which amends Title 10 to replace the existing cab stand at 1702 Sherman with a three (3) minute Passenger Loading Zone. The Music Institute of Chicago is relocating its headquarters to 1702 Sherman Avenue. A new taxicab stand is recommended for the 1600 block of Oak Avenue. For Introduction 4 of 731 City Council Agenda July 22, 2013 Page 5 of 7 7/18/2013 6:12 PM (A8) Ordinance 81-O-13, Amending Title 10, to Create a Resident Only Parking District Staff recommends City Council adoption of Ordinance 81-O-13 to create a Evanston Resident Only Parking District adding subsection (B) District E-2: Six o'clock (6:00) P.M. to six o'clock (6:00) A.M., seven (7) days a week in the area north of Howard Street to the Chicago Transit Authority (CTA) tracks and east of Ridge Avenue to include Custer Avenue. For Introduction (A9) Ordinance 82-O-13, Amending Title 10, to Impose Two-Hour Parking on Hurd Avenue Staff recommends City Council adoption of Ordinance 82-O-13 which adds both sides of Hurd Avenue from the south alley of Central Street to the north alley of Central Street as limited two-hour parking between the hours of nine o’clock (9:00) A.M. and six o’clock (6:00) P.M. on any day except Sunday and national holidays. For Introduction (A10) Ordinance 83-O-13, Amending Sections 3-25-1 and 3-25-6 Regarding Real Estate Transfer Tax City Clerk recommends approval of Ordinance 83-O-13 to amend Sections 3-25- 1 and 3-25-6 of the Real Estate Transfer Tax, which adds a definition of the terms “Mortgagee and Secured Creditor”. The definition is necessary to clarify parties which can be classified as mortgagee and secured creditor for purposes of a real estate transfer tax exemption. For Introduction (A11) Ordinance 77-O-13, Authorizing Sale of Surplus Vehicles and Equipment Staff recommends that City Council authorize the City Manager to publicly offer for sale various vehicles and equipment owned by the city through public auction based on Ordinance 77-O-13. The vehicles are presently out of service. This ordinance was introduced at the July 8, 2013 City Council meeting. For Action (A12) 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. This ordinance was introduced at the July 8, 2013 City Council meeting. For Action 5 of 731 City Council Agenda July 22, 2013 Page 6 of 7 7/18/2013 6:12 PM PLANNING AND DEVELOPMENT (P1) 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 recommended by th e Mayor’s Task Force on Homelessness in 2012. The additional information on outcome measurements and program administration requested by aldermen is in the attached memo from Connections for the Homeless. This item was held in Committee on July 8, 2013. For Action (P2) Resolution 44-R-13, Authorizing a Termination and Restatement of Obligations Regarding the Church Street Plaza Development Staff recommends that the City Council adopt Resolution 44-R-13 authorizing the City Manager to execute a termination and restatement of surviving obligations regarding the Church Street Plaza Redevelopment Agreement. For Action The Plan Commission, Zoning Board of Appeals, and City staff recommend the adoption of either Ordinance 86-O-13 or 89-O-13, granting Planned Development approval to construct an eight-story tower addition to the North Shore Residence at 1611-1629 Chicago Avenue as well as a Special Use for an Independent Living Facility. Both ordinances are the same, except that Ordinance 89-O-13, which is proposed at the request of Mayor Tisdahl, includes an additional condition that requires the applicant to reserve at least 10% of all residential units in the project as affordable housing. (P3) Ordinance 86-O-13 Granting a Planned Development and Special Use at 1611-1629 Chicago Avenue, “North Shore Residence” Ordinance 86-O-13 does not include a condition that requires the applicant to reserve at least 10% of all residential units in the project as affordable housing. For Introduction (P4) Ordinance 89-O-13 Granting a Planned Development and Special Use at 1611-1629 Chicago Avenue, “North Shore Residence” Ordinance 89-O-13 includes an additional condition that requires the applicant to reserve at least 10% of all residential units in the project as affordable housing. For Introduction 6 of 731 City Council Agenda July 22, 2013 Page 7 of 7 7/18/2013 6:12 PM HUMAN SERVICES (H1) 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. This ordinance was introduced at the July 8, 2013 City Council meeting. For Action (H2) 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. This ordinance was held at the July 8, 2013 City Council meeting. For Action MEETINGS SCHEDULED THROUGH JULY 2013 Upcoming Aldermanic Committee 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. 7 of 731 For City Council Meeting of July 22, 2013 Item SP1 Special Order of Business: Harley Clarke Mansion Update For Action To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Joe McRae, Deputy City Manager Subject: Harley Clarke Mansion Update Date: July 22, 2013 Recommended Action: Staff requests direction from City Council regarding next steps for the Harley Clarke Mansion Project. Funding Source: N/A Summary: In July 2011, staff identified several properties including the Chandler-Newberger Community Center and Noyes Cultural Art Center for possible exploration of alternate property uses/ provision of services. The Harley Clarke Mansion was included on that list. With concerns regarding the funding needed to maintain and repair the facility, Council authorized staff to begin the process of identifying potential alternatives to maintain the facility, including possible sale or lease of the property to a third party. The Request for Interest (RFI) and Request for Proposal (RFP) process were intended to provide possible options for City Council consideration for the Harley Clarke Mansion. Both the RFI and RFP, per the direction of City Council, included language soliciting proposals that contemplated the purchase of the buildings and land occupied by the buildings; the purchase of the buildings only; or the long term lease of the buildings. A brief narrative of this process is included below as a reference. Overview Process At the July 11, 2011 City Council meeting the City Council authorized the City Manager to explore alternate options for the Harley Clarke Mansion. Memorandum 8 of 731 Page 2 of 3 At the February 6, 2012 Human Service Committee meeting, staff provided an update on the Harley Clarke Mansion project and was authorized to obtain an appraisal for the property and to develop a plan to solicit proposals for other mansion uses. On May 7, 2012 the Human Services Committee approved the Request for Interest for the Harley Clarke Mansion. On May 14, 2012 the City Council approved the Request for Interest for distribution. On May 15, 2012 the City Manager’s Office (CMO) staff distributed a Request for Interest to seek statements of interests from parties interested in either purchasing or leasing the Harley Clarke Mansion and coach house. On June 22, 2012, staff received four Statements of Interests (listed in no particular order): Name/Entity Address Intent Potential Use Carrie King 508 Barton Ave Evanston, IL 60202 Purchase Event Center/Hotel/B&B Colonel J.N. Pritzker Tawani Enterprises, Inc. 104 S. Michigan Ave., Suite 500 Chicago, IL 60603 Purchase Boutique hotel/ Event Center Tom G. Omundson TOCO, LLC 900 N. Michigan Ave., Suite 1400 Chicago, IL 60611 Purchase Inn Sarah Harding The Beacon Academy 1024 Judson Ave Evanston, IL 6020 Lease or Purchase School At the August 6, 2012 Human Services Committee meeting and the following August 13, 2012 City Council meeting, the Council authorized staff to distribute a Request for Proposal (RFP) to the four respondents. On November 27, 2012 staff received one formal response from Tawani Enterprises, Inc. for the purchase of the Harley Clarke Mansion to be used as a boutique hotel. Of the other 3 RFI respondents, 2 formally withdrew from the RFP process (TOCO, Beacon Academy) and one was non-responsive (King). At the December 3, 2012 Human Services Committee meeting, the committee agreed to meet in executive session on December 17, 2012 to review the Tawani proposal. 9 of 731 Page 3 of 3 On December 17, 2012 the Human Services Committee met in executive session to review the details of the Tawani proposal including the bid amount of $1.2 million for purchase of the mansion, coach house and 2.5 acres of land. The committee advised staff to meet with Tawani staff to conduct fact finding on the particulars of the bid regarding price, beach access and parking. At the February 4, 2013 Human Services Committee executive session meeting, staff provided an update on the items requested pertaining to the sale of land and the committee agreed to forward the item on to the full City Council. The full City Council briefly discussed the issue of price at the February 25, 2013 executive session meeting. (It is important to note that all Executive Session meeting minutes concerning any discussion of this issue were previously released in their entirety.) Since that meeting staff has met with Tawani staff to discuss price and the other terms of the proposal. At this point, Tawani has requested that the City provide a formal counter proposal and/or negotiation terms in writing. Staff requests direction from the City Council on how to proceed. 10 of 731 For City Council Meeting of July 22, 2013 Item SP2 Business of the City by Motion: Township Audit For Action To: Honorable Mayor and Members of the Evanston City Council From: Wally Bobkiewicz, City Manager Matt Swentkofske, Intergovernmental Affairs Coordinator Subject: Novak Consulting Group Management Audit of Evanston Township Date: July 22, 2013 Recommended Action: Staff recommends consideration of the Township Management Audit from The Novak Consulting Group of Cincinnati, Ohio and implementation of its recommendations for Evanston Township. Summary: On May 29, 2012, the Town Board of Trustees voted to conduct an in-depth analysis of the operations and structure of all Township departments with the clear goal of identifying efficiencies and inefficiencies in order to provide service delivery in the most cost-effective manner available. City staff recommended the Novak Consulting Group to be best-qualified firm to analyze the operations and current organizational structure of the Township, and to deliver to the Board Trustees pertinent recommendations to increase efficiency in delivery of services. This report is now complete and attached to this memo. Beginning with a meeting with the City Manager in January 2013, Novak Consulting conducted interviews with Township and City staff over the subsequent months to develop a detailed understanding of Township operations and the areas where they interface with City of Evanston operations. In addition to interviewing key staff and elected officials, the Novak Consulting Group conducted a review of background documents including, but not limited to, City and Township budget documents, state statutes, performance measurement data, and internal City analysis completed in support of this project. Novak Consulting Group conducted peer benchmarking and best practice research to inform the analytical process and identify alternative service models that have been implemented in comparable communities. This process enabled the Novak Consulting Group to understand what seems to work well in the Township, to identify opportunities for improvement, to clarify and document Township processes, requirements and procedures, and to identify several recommendations to achieve efficiencies and better Memorandum 11 of 731 Page 2 of 2 coordinate City and Township operations. Below is a summary of the Novak report and its recommendations: General Assistance and Workforce Training 1. Contract out for the delivery of workforce training and Job Club to GA clients. Emergency Assistance 2. Initiate discussions with Connections for the Homeless and Metropolitan Family services to assess the interest and capacity to contract for Emergency Assistance process management. Service Integration 3. Utilize City of Evanston Administrative Services support for the Township’s finance and information technology needs. Township Organization Structure 4. Fill the Vacant Case Coordinator position. 5. Eliminate the Confidential Accounts/Personnel Manager position. Public Awareness 6. Establish an updated and user‐friendly Evanston Township website. 7. Establish a targeted marketing effort to educate Evanston property owners about the Township’s taxpayer advocacy services. Governance 8. Enhance the coordination of governance strategies and service delivery between Evanston Township and the City of Evanston Legislative History: During the May 29, 2012 Evanston Town Board meeting, the Trustees discussed and directed the Evanston City Manager to contract with a vendor to perform a management audit of Evanston Township. Attachments: The Novak Consulting Group Township Management Audit List of individuals interviewed during the process 12 of 731 The Novak Consulting Group Strengthening organizations from the inside out.             Evanston, Illinois Evanston Township Efficiency Assessment April 2013                 13 of 731 The Novak Consulting Group Strengthening organizations from the inside out.             (This page left intentionally blank)                       14 of 731 The Novak Consulting Group Strengthening organizations from the inside out.     Table of Contents   Introduction .................................................................................................................................................. 1  Summary of Recommendations.................................................................................................................... 2  Summary of Evanston Township Operations ................................................................................................ 3  Township Supervisor’s Office Operations ................................................................................................. 7  Township Assessor’s Office ..................................................................................................................... 10  Peer Benchmarking ..................................................................................................................................... 12  Analysis and Recommendations ................................................................................................................. 16  General Assistance and Workforce Training ........................................................................................... 19  Emergency Assistance ............................................................................................................................. 20  Service Integration .................................................................................................................................. 21  Township Organization Structure ........................................................................................................... 23  Public Awareness .................................................................................................................................... 24  Governance ............................................................................................................................................. 27  Summary of Staffing and Financial Impact ............................................................................................. 29  Conclusion ................................................................................................................................................... 30  Attachment A – General Assistance and Emergency Assistance Process Maps ......................................... 31         15 of 731 The Novak Consulting Group Strengthening organizations from the inside out.         (This page left intentionally blank) 16 of 731 Evanston Township Page 1 Efficiency Review   The Novak Consulting Group Strengthening organizations from the inside out.   Introduction   In 2012 Evanston voters expressed their desire that the City of Evanston and the Town of Evanston  (Evanston Township) proactively work to coordinate services, achieve efficiencies where possible, and  compound the positive impact of both City and Township services.  The City and the Township have  begun implementing a number of initiatives to meet this charge.    For example, in September of 2013, Township staff will be relocating to the Evanston Civic Center and  will be collocated with many of the City of Evanston’s departments and elected officials.  This initiative  will result in rent and utility savings, facilitate better coordination between City and Township staff, and  collocate Township staff with the City of Evanston City Council, which also serves as the Township Board  of Trustees.     The further pursue this initiative, the City of Evanston engaged The Novak Consulting Group to conduct  an organizational review of Evanston Township’s operations.    The purpose of this review was to  identify opportunities to improve the effectiveness and efficiency of Township service delivery and to  determine the appropriate staffing levels and reporting structure for Evanston Township.  In order to complete the objectives of this engagement, The Novak Consulting Group met with the City  Manager in January 2013 to begin work and collect initial information.  Subsequently, the consulting  team conducted interviews with Township and City staff to develop a detailed understanding of  Township operations and the areas where they interface with City of Evanston operations.    In addition to interviewing key staff and elected officials, The Novak Consulting Group conducted a  review of background documents including, but not limited to, City and Township budget documents,  state statutes, performance measurement data, and internal City analysis completed in support of this  project.   Lastly, The Novak Consulting Group conducted peer benchmarking and best practice research to inform  the analytical process and identify alternative service models that have been leveraged in comparable  communities.  This process allowed The Novak Consulting Group the opportunity to understand what seems to work  well in the Township, to identify opportunities for improvement, to clarify and document Township  processes, requirements and procedures, and to identify several recommendations offering an  opportunity to achieve efficiencies and better coordinate City and Township operations.  Those  recommendations, which are summarized in the following section, offer a path toward improvement in  five key areas, including Governance, Public Awareness, General Assistance and Workforce Training,  Emergency Assistance, Service Integration, and Township Organization Structure.  17 of 731 Page 2 Evanston Township Efficiency Review  The Novak Consulting Group Strengthening organizations from the inside out.     Summary of Recommendations   The analysis and recommendations offered in this report cover six key theme areas, including:1) General  Assistance and Workforce Training; 2) Emergency Assistance; 3) Service Integration; 4) Township  Organization Structure; 5) Public Awareness, and; 6) Governance.  In total, eight recommendations are  offered which are projected to generate savings of approximately $89,000 per year.  This savings is in  addition to the $72,000 per year annual savings associated with relocating Township Offices to the  Evanston Civic center.  The recommendations by theme area are summarized below.  General Assistance and Workforce Training   Recommendation 1:  Contract for the delivery of workforce training and Job Club to GA clients.  Emergency Assistance  Recommendation 2: Initiate discussions with Connections for the Homeless and Metropolitan Family  services to assess the interest and capacity to contract for Emergency Assistance process management.  Service Integration  Recommendation 3:  Utilize City of Evanston internal support services for the Township’s finance and  information technology needs.  Township Organization Structure  Recommendation 4:  Fill the Vacant Case Coordinator position.  Recommendation 5:  Eliminate the Confidential Accounts/Personnel Manager position.  Public Awareness  Recommendation 6:  Establish an updated and user‐friendly Evanston Township website.   Recommendation 7: Establish a targeted marketing effort to educate Evanston property owners about  the Township’s taxpayer advocacy services.  Governance  Recommendation 8: Enhance the coordination of governance strategies and service delivery between  Evanston Township and The City of Evanston        18 of 731 Evanston Township Page 3 Efficiency Review   The Novak Consulting Group Strengthening organizations from the inside out.         Summary of Evanston Township Operations   The City of Evanston is a Home Rule City government and operates under the council‐manager form of  government, where a nine member Board of Aldermen provides legislative approval and policy direction  for the City. Day‐to‐day administration of the organization is handled by an appointed professional  manager, the City Manager. The City is governed by a Board of Aldermen, each of which represent a  specific ward of the City. Evanston also has a directly elected Mayor.   Together, the Mayor and Aldermen function as both the Evanston City Council and as the Board of  Trustees of for Evanston Township. The relationship of the Board of Trustees to the Township is not  exactly the same as the relationship of the City Council to the City. The Township also has two directly‐ elected officials, the Supervisor and the Assessor, who direct policy within the offices under their  purview. The City Clerk of the City of Evanston also serves as the Clerk to the Township, which in many  other townships in the state is another elected position.   The Evanston Township is fairly unique among townships in the State of Illinois. It is one of 20  “coterminous” townships, meaning that it shares its borders with the City of Evanston. The Evanston  Township is rare even among coterminous Illinois townships in that it does not have its own  independent Board of Trustees.  The Evanston Township’s Board of Trustees are the same individuals  who serve as the City of Evanston Board of Aldermen—when someone is elected to the City Council they  are also automatically elected to the Township’s Board of Trustees. In addition, Evanston Township and  the rest of the townships within Cook County are unique within the State because they do not possess  the power to assess property values within their borders, as this function is administered by the Cook  County Assessor’s Office for all parcels within Cook County. Thus, the Township Assessor’s Office within  Cook County primarily provides taxpayer advocacy and outreach.  As a result, the staffing profile for the  Township Assessor’s Office varies significantly from townships outside of Cook County that are  responsible for conducting property valuations.     In the State of Illinois, townships’ primary functions are to provide direct services to unincorporated  areas. However, many townships are like Evanston Township in that they are located in urban areas that  are also served by other full‐service local governments.  As a result, urban townships maintain a  different book of responsibility than their rural peers.  However, regardless of the profile of the  Township, the State of Illinois mandates that townships perform three primary responsibilities:    1. The provision of General Assistance (GA) programs   2. The maintenance and construction of roads and bridges in unincorporated areas  3. Property assessment and valuation for the purposes of taxation (except in Cook County)  19 of 731 Page 4 Evanston Township Efficiency Review  The Novak Consulting Group Strengthening organizations from the inside out.     While these responsibilities fall on all townships, Evanston Township’s uniqueness makes it a special  case. By virtue of being located within Cook County, the Evanston Township does not bear responsibility  for conducting property assessment and valuation services.  All property assessment and valuation in  Evanston is performed by the Cook County Assessor’s Office. By virtue of being coterminous with the  City of Evanston, the Evanston Township does not bear responsibility for maintaining transportation  infrastructure in unincorporated areas, as all road and bridge construction and maintenance is  performed by the City of Evanston. Thus, from a statutory perspective, the Evanston Township is left  solely with State‐mandated responsibility to provide General Assistance to low income residents in  Evanston Township.  The Evanston Township provides additional, non‐municipal services beyond its State‐mandated  responsibilities, including the administration of Emergency Assistance (EA) grants to Evanston residents.   In addition, the Township Assessor’s Office provides additional support to property tax payers by  providing taxpayer advocacy services for Evanston residents.  Evanston Township is organized into two work units: 1) The Township Supervisor’s Office and 2) the  Township Assessor’s Office.  The work of the two offices in fundamentally unrelated and, as a result,  there is little service coordination, though some sharing of support services such as Information  Technology (IT) and financial management does exist. The following figure summarizes the Evanston  Township’s current organizational structure.  Citizens of Evanston Evanston Township  Board of Trustees Evanston Township  Supervisor (Part Time) Evanston Township  Assessor (Part Time) Deputy Assessor Assistant to the  Deputy Assessor Executive Director Office Manager Case Coordinator /  WOP CounselorEA / GA Case  Coordinator Confidential  Accounts / Personnel  Manager EAS Administrative  Assistant  (Part Time)   Figure 1:  Evanston Township Organization Structure  20 of 731 Evanston Township Page 5 Efficiency Review   The Novak Consulting Group Strengthening organizations from the inside out.     The Evanston Township Fiscal Year (FY) 2012/2013 Budget totals approximately $1.64 million.   Approximately $1.28 million, or 78% of the total budget, is dedicated to the Township’s General  Assistance program. The Township is primarily funded through property tax revenue and in FY  2012/2013, the Township has projected property tax revenue totaling approximately $1.12 million.  The Evanston Township Budget is divided into two governmental funds: 1) the General Assistance Fund,  and 2) the Town Fund.  The General Assistance Fund is dedicated to the operations of the Township  Supervisor’s Office while the Town Fund is dedicated to the Township Assessor’s Office.  The following  table summarizes the FY 2012/2013 Budget for the Evanston Township.     21 of 731 Page 6 Evanston Township Efficiency Review  The Novak Consulting Group Strengthening organizations from the inside out.     Table 1:  Evanston Township Budget  TOWNSHIP SUPERVISOR'S OFFICE  FY2010/2011  Actual  FY2011/2012  Budget  FY2012/2013  Budget  Percent Change  2010 to 2013  GA Fund Revenue     1,079,616     1,195,158      1,279,353  18.5%         Client Expenditures     430,327     546,041      584,525  35.8% Supervisor's Office Payroll     270,986     270,657      271,064  0.0% Fund Administrative Expenses     269,796     276,210      282,565  4.7% Work Opportunity Program      7,887     9,000      8,500  7.8% Medical Program     65,416     54,750      76,600  17.1% Emergency Assistance     35,204     38,500      54,500  54.8% TOTAL GENERAL ASSISTANCE  FUND EXPENDITURES     1,079,616     1,195,158      1,277,754  18.4% TOWNSHIP ASSESSOR’S OFFICE  FY2010/2011  Actual  FY2011/2012  Budget  FY2012/2013  Budget Percent Change  Town Fund Revenue     354,306     345,753      366,053  3.3%         Assessor's Office     153,296     152,539      166,953  8.9% Legal Fees     2,075     5,000      5,000  141.0% Supervisor's Office     73,153     85,519      61,734   ‐15.6% Community Purchased Services     60,000     60,000      86,600  44.3% Community Action Programs     41,653     42,650      45,650  9.6% TOTAL TOWN FUND  EXPENDITURES     330,177     345,708      365,937  10.8%            TOTAL TOWNSHIP REVENUE     1,409,793     1,540,866      1,645,290  16.7% TOTAL TOWNSHIP   EXPENDITURES     1,409,793     1,540,866      1,643,691  16.6%     22 of 731 Evanston Township Page 7 Efficiency Review   The Novak Consulting Group Strengthening organizations from the inside out.     Township Supervisor’s Office Operations   The Supervisor’s Office is the main administrative office of the Township. It is also the office through  which the Township manages its GA and EA programs. General Assistance and Emergency Assistance are  public grant programs designed to provide financial assistance to Evanston residents who do not qualify  for any other type of government assistance, such as Social Security. The Supervisor’s Office is overseen  by the Evanston Township Supervisor, a directly elected position that serves on a part time basis. The  Supervisor provides policy direction for the Township regarding the GA and EA programs, in addition to  determining Township‐wide policies relating to internal services. Day‐to‐day operations of the  Supervisor’s Office are handled by the Executive Director. This position supervises all Supervisor’s Office  staff, directly interfaces with Assessor’s Office staff on daily issues concerning the whole Township, and  provides case management and workflow routing for GA cases. Currently, the Executive Director is also  performing this case management function for GA and EA cases due to the vacancy in the EA Case  Coordinator position.   The Executive Director is supported by 2.5 full‐time equivalent (FTE) employee positions, the  Confidential Accounts/Personnel Manager, Office Manager and the Emergency Assistance Services (EAS)  Administrative Assistant (a part time position). These Office Manager and the Administrative Assistant  positions are the primary point of contact for applicants and clients, both in person and over the phone.  The EAS Administrative Assistant administers the direct issuance of grants to clients and assists  applicants with gathering the information and documentation necessary to complete their applications.  The Office Manager administers the Supervisor’s Office’s internal case tracking software, VisualGA,  providing additional technological expertise and capacity for report development. Additionally, the  Office Manager plays a “jack of all trades” office management role, specifically related to server  management and other related computer issues, providing technical support for small‐to‐moderate IT  issues.  Complex IT issues are outsourced to the Township’s contract IT provider. The Office Manager  and Administrative Assistant are directly supervised by the Confidential Accounts/Personnel Manager.  Internal services for the entire Township, such as human resources, payroll, and accounting, are  administered by collaboration between the Executive Director, Confidential Accounts/Personnel  Manager and contracted service providers.   Ongoing case management for the GA program is provided by the Case Coordinator/Work Opportunity  Program (WOP) Counselor and the Executive Director (due to the vacancy in the EA Case Coordinator  position).  The following figure summarizes the staffing level and reporting structure for the Supervisor’s  Office.  23 of 731 Page 8 Evanston Township Efficiency Review  The Novak Consulting Group Strengthening organizations from the inside out.       Figure 2: Evanston Township Supervisor’s Office Organizational Structure  The Supervisor’s Office administers a number of additional sub‐programs that support the GA program  and broader mission of the Office.  Those programs are summarized in the table below.  Table 2:  Summary of Township Supervisor’s Office Programs  Program Program Description  General Assistance/  Emergency Assistance  The Township General Assistance Program is a financial aid program  designed to meet basic maintenance requirements for a livelihood  compatible with health and well‐being, plus any necessary medical  treatment, care and supplies required because of illness or disability for  which there is no other source to receive. The assistance is provided on a  monthly payment basis to, or on behalf of, eligible assistance units by the  General Assistance Office.  Work Opportunity As part of General Assistance, townships are required to establish a  community work program. There are two options to the program: job  training and workforce. Clients who are not on GA because of medical  inability to work must participate in either a direct worksite placement or be  involved in a "Job Club." The clients in the Job Club are required to attend a  two‐hour session on Mondays, Wednesdays, and Fridays. Those in the Job  Club are viewed as more "job ready." Some clients who have minimum skills  and are in need of "on‐the job training" are placed on worksites to enhance  their work skills. There are others who cannot reasonably be expected to  obtain a job. In the workforce program, they participate in tasks that are  designed to benefit the community.  24 of 731 Evanston Township Page 9 Efficiency Review   The Novak Consulting Group Strengthening organizations from the inside out.     Program Program Description  The 50/50 matching program is also offered as an element of the General  Assistance program which provides 50% of the starting wage up to a  maximum of $1500 for clients that are hired by an employer. This  employment subsidy may be used for trial employment.  Emergency Assistance Emergency Assistance Services are provided to non‐eligible General  Assistance clients who meet the established criteria for the services. The  services include payment of delinquent rent, mortgages and assessments,  utility payments, and emergency food vouchers.  Partnership and  Contractual Services  The General Assistance Office establishes working arrangements with the  Evanston One Stop and other not‐for‐profit organizations to better assist  clients with counseling, employment, and training opportunities.  Medical Payment  System  The General Assistance guidelines require the provision of "necessary"  medical services as defined by the Illinois Department of Public Aid. If there  are no other sources to provide the necessary services then the Township is  responsible for making payment. The Township reimburses the provider at  the Public Aid rate.  Source:  FY 2012/2013 Evanston Township Budget  At the time of this review, the Supervisor’s Office was managing a caseload of 136 GA clients, under the  “needs allowance” grant system.  This system—as opposed to the one‐size‐fits‐all “flat grant” system—  requires a higher level of interaction between Case Coordinators and clients. The Evanston Township  provides GA grants to meet two specific client needs: shelter and personal needs. Shelter grants are  issued once a month up to a maximum amount of $200. Personal needs grants are issued twice a month  up to a maximum single payment of $150 (up to $300 a month). Thus, the maximum monthly benefit an  Evanston Township GA client may receive is $500.   The level of these needs is determined by the client’s Case Coordinator, which may be either the Case  Coordinator/WOP Counselor or the Executive Director. The majority of cases (approximately 82 clients)  are managed by the Case Coordinator/WOP Counselor, with the remainder managed by the Executive  Director.  Clients receiving GA grants are required to either participate in the Township’s work  opportunity program (“Job Club”) or in behavioral counseling, based on their Case Coordinator’s  assessment of their “employability.” This program is a requirement under Illinois statute.  Behavioral counseling is typically performed by outside agencies, to which a client will be referred by  their Case Coordinator. Case Coordinators monitor client’s participation in these programs, a criterion  used to determine the client’s ongoing eligibility for GA grants. Case management for the EA program is  currently administered by the Executive Director.  Attachment A details the case management process  for the General Assistance and Emergency Assistance programs.   25 of 731 Page 10 Evanston Township Efficiency Review  The Novak Consulting Group Strengthening organizations from the inside out.     Township Assessor’s Office   The Assessor’s Office provides taxpayer advocacy services to the residents of Evanston. These include  assistance with appealing the results of the tri‐annual Cook County assessment (currently underway in  2013), and assistance with applying for various homeowner or senior property tax exemptions.  The Evanston Township Assessor's office works as an adjunct to the Cook County Assessor, whose stated  mission is "to serve the public professionally and responsibly by establishing fair and accurate  assessments, seeking equitable tax policies and communicating this information simply and  understandably."  Specifically, the mission is to serve Evanston Township taxpayers by assisting them in securing  exemptions, preparing and filing assessment appeals, correcting property description errors, and  researching all available information pertinent to their properties.  In addition, the Assessor’s Office coordinates with the City of Evanston Planning Department to record  the specifics of building permits and forward them to the Cook County Assessor and coordinates the  registration of Sales Transfer Declarations with the Cook County Recorder of Deeds.    The Assessor’s Office is overseen by the Evanston Township Assessor, a directly elected position that  serves part time. In Illinois townships outside of Cook County, the Assessor position is responsible for  assessing the property values for parcels within the township’s borders. In Cook County, that task is  administered by the Cook County Assessor’s Office. Thus, the main responsibility of the Evanston  Township Assessor is to administer a program of tax payer advocacy that attempts to ensure Evanston  residents pay the lowest amount they legally owe on their property tax bill.   Day‐to‐day operations of the Assessor’s Office are handled by the Deputy Assessor. This position  supervises the other staff position in the Assessor’s Office, the Assistant to the Deputy Assessor. These  two positions field phone calls and meet with Evanston residents seeking information or help to address  issues related to their property tax bill, a large portion of which are senior citizens.    Annually, the Assessor’s Office undertakes a senior exemption mailing campaign, aimed at alerting  seniors in Evanston about ways in which they can save money on their property tax bill. Approximately  700 seniors are contacted through this program. Contacted seniors will make appointments with  Assessor’s Office staff who will work with them and the Cook County Assessor’s Office to ensure their  property tax bill is accurate. In addition to making appointments, the Assessor’s Office keeps regular  business hours, Monday through Friday, to act as a satellite office of the Cook County Assessor’s Office;  this provides Evanston residents with a local office to visit regarding property tax questions, rather than  forcing them to travel to Chicago. The Assessor’s Office helps property owners successfully navigate  property tax exemption application processes and serves as a resource to those residents wishing to  appeal their property tax assessment.  The following figure shows the Assessor’s Office’s current organizational structure.  26 of 731 Evanston Township Page 11 Efficiency Review   The Novak Consulting Group Strengthening organizations from the inside out.       Figure 3:  Evanston Township Assessor’s Office Organization Structure        27 of 731 Page 12 Evanston Township Efficiency Review  The Novak Consulting Group Strengthening organizations from the inside out.     Peer Benchmarking Benchmarking research allows for comparisons that shed light on the similarities and differences in the  level and type of services provided by other jurisdictions. While it is impossible to infer absolute  measures of efficiency or productivity solely on the basis of benchmarking data, it is possible to identify  areas for further research and analysis which can lead to the application of best practices that can be  reproduced in different contexts.  The City of Evanston identified four local townships to serve as Evanston Township’s peer comparables,  including Maine New Trier, Niles, and Oak Park Townships, described below.     Maine Township ‐ Maine Township is located due west of Evanston, just across the I‐94  freeway. It includes the populations of a number of municipalities, including most of Park Ridge  and Des Plaines, and parts of Niles, Martin Grove and Glenview. The total population living  within Maine Township is more than 135,000 people, making it one of the most populous  townships in the state. The Township is governed by the Board of Trustees and the following  elected officials: Supervisor, Clerk, Assessor, Collector, and Highway Commissioner.   New Trier Township ‐ New Trier Township is the next township north of Evanston, up the shore  of Lake Michigan. It serves a population of 56,000 residents of the villages of Wilmette,  Kenilworth, Winnetka, and Glencoe, as well as portions of Glenview and Northfield. The  Township is governed by the Board of Trustees and the following elected officials: Supervisor,  Clerk, Assessor, and Collector.   Niles Township ‐ Niles Township is located directly west of Evanston, bordering the Township  across the North Shore Channel. It includes a population of more than 102,000 residents of  several municipalities, including Skokie, Lincolnwood and Golf, and parts of Morton Grove, Niles  and Glenview. The Niles Township is governed by the Board of Trustees and the following  elected officials: Supervisor, Clerk, Assessor, and Collector.   Oak Park Township ‐ Oak Park Township is located approximately 15 miles southwest of  Evanston, on the southern side of the I‐90 freeway. It had a population just over 52,000  residents in the 2010 Census. The Township is coterminous with the Village of Oak Park,  although unlike Evanston, the Township has its own Board of Trustees, separate from the  Village. The township is governed by the following elected officials, in addition to the Board of  Trustees: Supervisor, Clerk, Assessor, and Collector.   Publicly available data regarding peer township operations is limited.  As a result, The Novak Consulting  Group sought to contact peer township staff directly to gather information relevant to Evanston  Township.  This effort produced mixed results, as some peer townships were eager to share information  and others were reluctant or non‐responsive.  In fact, during the benchmarking process it became clear  that many peer Townships were reluctant to provide data or information that they viewed as supporting  an effort to eliminate the Township form of government.  Though it is clear that the analysis and  recommendations offered in this report do not suggest the dissolution of the Evanston Township, this  perception among some peer jurisdictions significantly limited access to peer benchmarking  28 of 731 Evanston Township Page 13 Efficiency Review   The Novak Consulting Group Strengthening organizations from the inside out.     information.   However, The Novak Consulting Group was able to gather the limited data that was  available and apply it to inform the analysis and recommendations contained in this report.   Evanston Township is staffed with a total of 7.5 FTE.  New Trier Township is staffed with eight FTE and  total staffing levels for Niles Township are not available in public sources.  In comparison, the Evanston  Township operation is smaller than Maine and Oak Park Townships, which are staffed with a total of 42  and 43 FTE, respectively.  However, in terms of programmatic responsibilities, in this case GA  administration and the Taxpayer Advocacy, Evanston is comparable to the other townships.    Currently, two personnel in Evanston Township are dedicated to managing General Assistance and  Emergency Assistance caseload.  At the time of this review, GA caseload stood at 136 cases; however,  according the Township staff, the average monthly caseload is approximately 100 GA cases.  The  following table summarizes the average GA caseload per Case Coordinator in those townships where  applicable data was available.  Table 3: General Assistance Caseload per Case Coordinator   Township Number of CA Case  Manager FTE 1  Average Monthly GA  Caseload  Average Number of GA  Cases Managed per Case  Manager FTE  Evanston Township 2.0 100 50  Maine Township 2.0 60 30  Niles Township 2.0 62 31  New Trier Township 2.0 N/A N/A  Oak Park Township 1.5 100 66    The number of GA cases managed per Case Coordinator varied by peer township and ranged between  30 and 66 cases per Case Coordinator, with Evanston Township averaging approximately 50 cases per  Case Coordinator.  The range likely reflects variations on the Township’s approach to work.  For  example, case management personnel in Evanston Township are primarily responsible for General  Assistance, Emergency Assistance, and workforce training/job club related activities.  In this role, they  facilitate Township assistance processes but also act as a referral resource, connecting clients with non‐ profits and other community services.  By comparison, Oak Pak Township maintains a higher caseload  per case coordinator than Evanston Township, but the amount of work required per client is less than in  Oak Park because Oak Park utilizes local non‐profit providers for both Emergency Assistance and job  club/workforce training.  Similarly, Maine Township case workers manage fewer cases per case worker  but they also do not directly provide Emergency Assistance programming.  In Niles Township, two  caseworkers manage an average GA caseload of 31 cases per month, while also managing the  Township’s Emergency Assistance process in house.  Evanston Township case coordinators maintain a                                                               1 Excludes part‐time elected officials  29 of 731 Page 14 Evanston Township Efficiency Review  The Novak Consulting Group Strengthening organizations from the inside out.     similar book of work, but manage a larger number of GA cases per case coordinator than Niles  Township.    In summary, Evanston Township Case Coordinators provide more in house GA related services house  than Oak Park and Maine Township, but do so with similar case worker staffing levels.  Similarly  Evanston and Niles Township offer similar in‐house programming (GA and EA) but Evanston Township  personnel manage, on average, 61% more GA cases per case coordinator than Niles Township case  management personnel.  This data suggests that Evanston Township maintains relatively efficient case  management staffing levels, when compared to peer townships.  The staffing levels in the Assessor’s Office are also comparable to those of its peer jurisdictions.  The  Evanston Township Assessor’s Office maintains a staff of two FTEs, in addition to the elected Assessor  who serves part‐time.  Oak Park maintains a staffing level of 1 FTE and Maine Township maintains  Assessor’s Office staff of 2 FTEs.  Similar to Evanston Township, Maine and Oak Park Townships provide  taxpayer advocacy services, relying on Cook County to conduct property assessments.  The following  table summarizes Township Assessor’s Office staffing per 1,000 population in those townships where  applicable data was available.     Table 4: Township Assessor’s Office Staff per 1,000 Population and per 1,000 Housing Units  Township Township Assessor’s  Office FTE2  Township Assessor’s  Office Staff per 1,000  Population   Township Assessor’s  Office Staff per 1,000  Owner Occupied  Housing Units 3  Evanston Township 2 0.03 0.12  Maine Township 4 0.14 N/A  New Trier Township 1 0.02 0.11  Niles Township N/A N/A N/A  Oak Park Township 1 0.02 0.07    A review of available benchmarking data indicates that staffing levels for both GA case management and  taxpayer advocacy are comparatively similar across peer townships.  However, the Evanston Township  stands apart as maintaining a higher average number of GA cases than most of its peers, excluding Oak  Park Township, which also manages an average monthly caseload of approximately 100 GA cases.     In addition to programmatic benchmarking research, The Novak Consulting Group conducted research  to identify the varying governance models utilized in other Illinois Townships with coterminous boarders  and a joint Municipal Council/Boards of Trustees.  Of the 20 coterminous Townships in Illinois, seven  operate under a joint Municipal Council/Board of Trustees.  These include: 1) Bloomington Township; 2)                                                               2 Excludes part‐time elected Township Assessors  3 2010 U.S. Census  30 of 731 Evanston Township Page 15 Efficiency Review   The Novak Consulting Group Strengthening organizations from the inside out.     Champagne Township; 3) Cunningham Township; 4) Galesburg Township; 5) Godfrey Township; 6)  Macomb City Township, and; 7) Zion Township.    The Novak Consulting Group conducted interviews with five of the seven townships (Champagne and  Cunningham Township were not available for interviews) to identify the various approaches utilized to  integrate municipal and township operations and governance.  That research indicated that there  appears to be little direct municipal/township service overlap in these jurisdictions; however, each  township did utilize varying approaches to integrate township and municipal governance.  For example,  in Godfrey and Zion Townships, during one of the municipal council’s two meetings per month, the  council adjourns and reconvenes as the Board of Trustees and addresses Township business; in Zion  Township, the Township Supervisor, as opposed to the Mayor, chairs the trustees meeting.  In Macomb  City Township, the Board of Trustees meets quarterly.  The information gathered through the peer  benchmarking process was applied to inform the analysis and recommendations relating to the  Township governance process.    In addition, there are a number of other benchmarking distinctions relating to staffing and operations  that are highlighted throughout the “Analysis and Recommendations” section of this report.    31 of 731 Page 16 Evanston Township Efficiency Review  The Novak Consulting Group Strengthening organizations from the inside out.     Analysis and Recommendations    In an effort to identify opportunities for greater cooperation and coordination between the Township  and the City of Evanston, The Novak Consulting Group interviewed both City staff and Township staff to  determine if there are areas of service overlap or opportunities where services could be better  coordinated.    While the City of Evanston and its Township share coterminous borders and a common board by two  different names, both governments perform distinct and non‐overlapping public functions. It is true that  other townships in the State of Illinois perform traditional, “municipal” services, such as the provision of  public safety and the building of roads. Were the Evanston Township to be engaged in the delivery of  these services, then there would be a clear duplication of effort between the Township and the City.  However, the City provides all of the “municipal” functions and service provision taking place within  Evanston’s city limits.   The Township currently administers two primary programs, with related sub‐activities: 1) the  administration of General Assistance grants, a State requirement, and; 2) property tax taxpayer  advocacy and support. These specific services do not easily align with traditional city services and as  such, there is not an immediate opportunity within the City government where they could be effectively  absorbed.  The General Assistance process that the Township follows is largely defined by the State of Illinois.  The  Novak Consulting Group developed detailed process maps, included as Attachment A, for the GA and EA  processes, and compared the Township’s processes to the procedural guidelines established in Illinois  statute and outlined in the 2011 Township Officials of Illinois Laws and Duties Handbook.    That review indicates that the Township is attuned to the procedural requirements of the GA and EA  processes and has developed an internal process that meets those requirements; Moreover, Case  Coordinators, under the oversight of the Executive Director, diligently monitor process timeliness and  milestones and ensure that procedural requirements are met.  This effort is supported through the Township’s case management system, VisualGA, which is a  functional and well‐utilized system used by many Township’s in the State of Illinois.  Case approval,  routing, and note‐taking processes are all managed through Visual GA, providing robust tracking  capabilities. The Supervisor’s Office still maintains paper copies of many records and documents but  these are only for safe keeping.  As summarized in the “Peer Benchmarking” section of this report, the Supervisor’s Office handles a  comparatively high caseload of GA and EA clients, when compared to available peer workload data,  providing services that include case management, health and well‐being referrals, and work opportunity  programming.  In addition, the Supervisor’s Office provides in house programs, such as workforce  training/job club that many of its peer townships in Cook County contract with local non‐profits to  32 of 731 Evanston Township Page 17 Efficiency Review   The Novak Consulting Group Strengthening organizations from the inside out.     provide.  This practice effectively increases the workload managed by each Case Coordinator in  Evanston Township.  In addition, one of Evanston Township’s two budgeted Case Coordinator positions is vacant.   The  vacancy in the EA/GA Case Coordinator position has most directly impacted the workload of the  Executive Director, in effect turning that position into a case manager with supervisory and  management responsibilities.   The Novak Consulting Group’s review of the GA and EA processes and their associated time  commitments and requirements, as well the workload profile and staffing level of peer townships in  Illinois, indicates that the current staffing level is efficient for Evanston Township’s existing book of  work.    However, The Novak Consulting Group also reviewed contracting and partnership opportunities that are  permissible under State Statute as an avenue to control Township workload and capitalize on the  specialized expertise of the non‐profit sector.  Specifically, we reviewed opportunities relating to the  workforce training/job club and Emergency Assistance programs.    The workforce training/job club function is a required element of the GA program, but Townships are  permitted to contract or partner with an institution (e.g., local government) or non‐profit agency to  administer the program.  Emergency Assistance, however, is not required under state statute.  Rather it  is an optional program that can be implemented at the discretion of Township Supervisors, depending  on the availability of local financial resources.      In order to assess contracting or partnership opportunities for these programs it is necessary to identify  if there are local non‐profits or local government departments whose mission and/or staffing level is  well matched to the program in question.  In the case of the workforce training/job club program, one  clear contracting candidate exists in the Illinois Employment and Training Center (IETC), a state agency  with offices in Evanston that focusses on workforce development.    In the case of Emergency Assistance, there are two local‐non‐profits whose mission and/or services  match closely with the goals of the Emergency Assistance program; however, discussions would be  required to assess their capacity to absorb EA caseload.  Those non‐profits, which are summarized in the  table below, are already partially funded by Evanston Township, so a relationship currently exists.  Table 5:  City of Evanston Non‐profits with Emergency Assistance Expertise  Non‐Profit Relevant Services  Connections for the  Homeless   Provides comprehensive homeless prevention services to residents of  Chicago’s North Shore.  Connections works with households facing  foreclosure or eviction due to arrearages in mortgage, rent, or utilities.  Provides initial help to clients in the form of financial aid followed closely  with intensive, client‐centered support that mixes workshops with one‐on‐ 33 of 731 Page 18 Evanston Township Efficiency Review  The Novak Consulting Group Strengthening organizations from the inside out.     one counseling.   Metropolitan Family  Services  Provides support to economically challenged families through a combination  of education, training, and counseling services designed to equip clients with  the tools to become economically self‐sufficient.    In addition to programmatic contracting options, there are also opportunities to realize efficiencies by  partnering with the City of Evanston to provide support services such as financial management, payroll,  and IT support.  These opportunities, coupled with available contracting options, offer opportunities to  achieve savings in the Supervisor’s Office, and enhance corporation between the Township, local non‐ profits, and the City of Evanston.    The Evanston Assessor’s Office staffing is appropriately staffed to meet office coverage and workload  requirements.   The current two‐position staff allows for coverage for breaks and lunch, and allows one  staff member to provide their full attention to a phone call or walk‐in client, while the other addresses  additional requests. This organizational structure creates flexibility that benefits customer service and  minimizes staffing requirements. This customer service level is one of the main added values of the  Assessor’s Office, as they operate as an alternative to the central Cook County Assessor’s Office, which is  located approximately 14 miles from the City of Evanston.  The primary responsibility of the Assessor’s Office is to assist taxpayers with the property tax exemption  and appraisal appeal processes.  On average, the Assessor’s office assists approximately 700 clients per  year with these processes, generating an estimated $400,000 per year, or an average of $570 per client,  in property tax savings for Evanston residents.4  The total budget for the Town Fund in FY2012/2013 is  $366,000.  The Assessor’s Office also makes an intentional effort to go beyond the minimum requirements of the  office.  For example, on behalf of Evanston residents, Assessor’s Office staff will coordinate with  mortgage companies to ensure that escrow accounts properly reflect successful exemptions and  appeals.  The tax payer advocacy services provided by the Assessor’s Office are unique and require niche  expertise regarding the inner workings of the Cook County Assessor’s Office. The current staff, having  had direct experience working for the Cook County Assessor, is familiar with the County’s  AS/400  computer system.  This allows staff to work from actual County assessment data when dealing with  clients.  This knowledge, along with an exemplary approach to customer service, has resulted in a high  quality service that is available to all property owners in the City of Evanston.   A review of staffing levels, workload and practices, suggests that under the current configuration, the  Township Supervisor’s Office and the Assessor’s Office are appropriately staffed for the combination of                                                               4 Estimates provided by the Assessor’s Office  34 of 731 Evanston Township Page 19 Efficiency Review   The Novak Consulting Group Strengthening organizations from the inside out.     state required and non‐mandatory service they elect to provide.  Township operations have evolved  alongside those of the City and there is little direct duplication of services.  Thoughtful attention is given  by The Supervisor's Office and the Assessor’s Office to match staffing levels to workload demands.  This  is borne out in the benchmark comparisons as well.    However, there are a number of opportunities that can enhance the efficiency and effectiveness of  Township operations.  General Assistance and Workforce Training   As part of a General Assistance program, townships are required by Illinois statute to establish a  community work program. There are two options to the program: job training and workforce. Clients  who are not on GA because of medical inability to work must participate in either a direct worksite  placement or be involved in "Job Club."  In Evanston Township, the Job Club program is administered in‐ house by case management personnel.    The clients in Job Club are required to attend a two‐hour session on Mondays, Wednesdays, and Fridays.  Those in Job Club are viewed as more "job ready." Some clients who have minimum skills and are in  need of "on‐the job training" are placed on worksites to enhance their work skills.      Recommendation 1: Contract for the delivery of workforce training and Job Club to GA clients.  The Job Club and workforce training are part of the few services that the Evanston Township Case  Coordinators provide directly.  For other services, such as mental health counseling and medical  services, Case Coordinators serve primarily as a referral resource, connecting clients with direct service  providers in the community with specialized skills.    Though direct performance data was not available from the Supervisor’s Office, anecdotal information  indicates that the success rate of connecting GA clients with employment is low.  This is largely  attributable to the generally low level of baseline client job readiness.  For example, some GA clients are  dealing with mental health issues that must be treated before they can reasonably be expected to  maintain employment.  In addition, the Evanston Township Case Coordinators’ primary role is to ensure  that clients meet the conditions of the GA and EA processes, and refer those clients to services in the  community.  They do not maintain specific expertise in job training and workforce development.  Illinois statute states that Townships “may enter into agreements with local taxing bodies and private  not‐for‐profit organizations, agencies and institutions to provide for the supervision and administration  of job search, work and training projects.”   This is a model that is employed by other Illinois Townships, including Oak Park Township, one of  Evanston Township’s peers.  Oak Park Township utilizes the Illinois Department of Employment Security  for job training service.  This is a viable option for Evanston Township because the Illinois Employment  and Training Center (IETC), a state agency dedicated to workforce development, has offices in Evanston,  35 of 731 Page 20 Evanston Township Efficiency Review  The Novak Consulting Group Strengthening organizations from the inside out.     and therefore convenient for GA clients to access. Moreover, the IETC maintains a network of local and  state resources that will effectively compound the services available to Evanston Township’s GA clients.     According to its website, the Illinois Employment and Training Center, which operates out of the  Evanston public library, is marketed as “Evanston's one stop shop for those seeking employment and  training to further their careers. Through a partnership of workforce development organizations, the  IETC offers a single convenient connection point for job seekers and employers to find each other and  tap into a pool of education, training, employment opportunities and unemployment insurance  information.” The network of services offered at the IETC include a variety of free courses available to  residents as well as case management services for those interested in finding a job.    Utilizing the IETC for job training and workforce development programming will offer two important  benefits to the Township: 1) it will connect clients with resources that are specifically focused in  workforce development, providing greater opportunity to transition GA clients from GA roles to full‐time  employment, and; 2) it will provide additional case management capacity for Evanston Township’s case  management personnel.   Emergency Assistance   In addition to the General Assistance program, Evanston Township manages the Emergency Assistance  program, which provides residents who are experiencing incidental economic hardship the opportunity  to apply for one‐time financial resources, up to a maximum of $1,500 per year.  The Emergency  Assistance program is not a state required program but state statute allows EA programs to be  established with local funds at the discretion of the Township Supervisor.  While the EA program has  served as an important resource for many Evanston residents, opportunities exist to enhance the  effectiveness of the program.   Recommendation 2: Initiate discussions with Connections for the Homeless and Metropolitan Family  services to assess the interest and capacity to contract for Emergency Assistance process  management.  The Evanston Township EA process, which is summarized in Attachment A, is provided directly by  Township staff.  The EA process is primarily designed to ensure that clients meet eligibility requirements.   If they meet those requirements, and provide the necessary supporting documentation, they are  provided a check to cover qualified expenses.  The client is then eligible to reapply for EA funds in 365  days.    Though Evanston Township’s Case Coordinators will often seek to connect EA clients with other  resources in the community, there is not a systematic approach to mitigating the likelihood that the EA  client will reapply the following year.  In other words, the process is designed to meet the immediate  problem but not the fundamental problem(s) that may be contributing to the need to draw on EA  resources.  36 of 731 Evanston Township Page 21 Efficiency Review   The Novak Consulting Group Strengthening organizations from the inside out.     Evanston is home to a number of non‐profit agencies that partner with the Township to provide client  services.  Two of those non‐profits – Connections for the Homeless and Metropolitan Family Service— maintain expertise and experience in the field of emergency financial assistance.  Moreover, these non‐ profits not only provide emergency financial support to clients, but seek to connect them with training,  education, and resources that will help avoid the need to draw emergency assistance in the future.    Contracting with one or both of these specialized agencies to manage the EA process would allow  Evanston Township the opportunity to enhance the services that are provided to EA clients by  expanding access to specialized training and services.  It would also help to control the caseload of  Evanston Township Case Coordinators, providing additional capacity for GA case management.   Service Integration   Evanston Township staff is scheduled to relocate their offices into the Evanston Civic Center in the fall of  2013.  This relocation was initiated to reduce Township facility rental expenses and further integrate  Township operations with broader municipal operations, providing more initiative access to Township  services for all City residents.  This relocation also provides the opportunity for additional efficiencies to  be gained through integration or service sharing.     To accomplish this task, The Novak Consulting Group first identified those services that, by State statute,  the Township is required to provide and evaluated opportunities where efficiencies could be gained  through service integration with the City or through contracting. The following table summarizes those  services for both the Supervisor’s Office and the Assessor’s Office.  Table 6: Township Service Requirements  Service Required  General Assistance Yes  Emergency Assistance No  Workforce Training Yes  Taxpayer Advocacy No    The Novak Consulting Group then reviewed City of Evanston operations to determine if municipal  capacity exists to augment, enhance, or incorporate any of the Evanston Township’s workload.   Specifically, The Novak Consulting Group conducted a high level assessment of the Community and  Economic Development Department, Recreation Department, and the Health Department’s operations  to determine like programs and identify opportunities for integration.  While the review revealed some service similarities, the distinctions were far more relevant.  For  example, the Department of Community and Economic Development focuses heavily on issues related  to housing in Evanston; however, those efforts focus primarily on development, rather than specific  37 of 731 Page 22 Evanston Township Efficiency Review  The Novak Consulting Group Strengthening organizations from the inside out.     individual housing support.  This requires a fundamentally different skill set than that required to  manage direct social service programs relating to housing.   Similarly, the Health Department has  transitioned its operating model to move away from direct service provision; instead, it serves primarily  as funding arm for specialized health service providers in Evanston.  These providers already serve as  referral resources for Township Supervisor’s Office staff.  The Parks, Recreation and Community Services  Department provides some job training services to Evanston residents; however, those services are  primarily focused on Evanston youth.  Again, this is fundamentally different than providing job training  and workforce development services for an indigent population.  Moreover, discussions with staff from  these departments indicate that the internal capacity does not exist to effectively absorb Township  operations and develop the requisite expertise to effectively manage the programs.  While there are no clear opportunities for the City to absorb the Township’s operations, there are a  number of opportunities for the City to provide internal support in the areas of information technology  and finance and administration.  These opportunities are particularly relevant in light of the Township’s  planned move to the Evanston Civic Center.  Recommendation 3: Utilize City of Evanston internal support services for the Township’s finance and  information technology needs.  In late 2013, the Evanston Township will be moving its offices from their current location at the  intersection to Main Street and Dodge Avenue to the first floor of the Evanston Civic Center on Ridge  Avenue. This move will allow the Township to save some money by no longer leasing commercial  property. Additionally, the move will give the Township direct access to the existing, robust internal  support services of the City of Evanston. The Township should make use of these services for its finance  and information technology needs.   Currently, the Township’s accounting, payroll, and information technology needs are managed through  a collaboration among Township staff and the use of private contractors. The Township maintains a  staffing level of less than 10 positions, and total City staffing is typically between 620 to 640 positions.   The addition of Township personnel payroll and financial management responsibilities ultimately  represents a fractional increase in the City’s workload.   According to the Township’s FY2012/2013 Budget, the Township maintains a budget of approximately  $30,000 per year dedicated to contracted IT and finance/accounting support.  Transitioning the  responsibility for general IT and financial services to the City of Evanston will capitalize on economies of  scale and will result in annual Township budget savings of approximately $30,000 per year.    As the Township transitions to City IT, it will be important for the Township to discuss their support  needs and the service levels to which they are accustomed— and for City IT to discuss the strategy for  meeting those needs. This can most effectively be accomplished through the execution of a service level  agreement at the outset to define the Township’s working relationship with City IT. It is also important  to note that in the area of IT, the Township Supervisor’s Office is responsible for maintaining the  department‐specific application, Visual GA.    38 of 731 Evanston Township Page 23 Efficiency Review   The Novak Consulting Group Strengthening organizations from the inside out.     The Township Supervisor primarily relies upon the Office Manager position to maintain the Visual GA  system.  This practice would be expected to continue after the transition to City of Evanston IT services.  Township Organization Structure   As previously discussed, budgeted program staffing levels at the Supervisor and Assessor’s Office are  appropriate for the workload volume and current operations profile of Evanston Township.  However,  considering the contracting recommendations offered above, as well as the efficiencies gained from  utilizing the City of Evanston for internal support functions, opportunities exist to reduce total staffing in  the Township Supervisor’s Office while continuing to meet current workload demands.  Recommendation 4:  Fill the Vacant Case Coordinator position.  Budgeted staffing for the Township Supervisor’s office includes two Case Coordinators who are charged  with managing the Township’s GA and EA caseload.  Currently, one of the Case Coordinator positions is  vacant.  As a result, the case management workload is split an estimated 60/40 percent between the  existing Case Coordinator and the Executive Director position.  A review of peer benchmark townships  indicates that the average caseload per Case Coordinator in Evanston Township is comparable to that of  peer communities.  However, Evanston Township does provide additional in‐house services – namely  the Emergency Assistance Grant program and the Job Club/workforce training program—that peers do  not provide.   Though The Novak Consulting Group recommends contracting the workforce training/Job Club training  program, our review of operations and GA case management requirements, as well as peer Township  Case Coordinator staffing levels, indicates that the current budgeted case management staffing levels  are appropriate.  Moreover, filling the Case Coordinator position will provide additional capacity for the  Executive Director to take on additional reporting and administrative responsibilities.        Recommendation 5:  Eliminate the Confidential Accounts/Personnel Manager position.  Under the current organization structure, the Confidential Accounts/Personnel Manager provides  human resources, payroll, banking management, accounts payable, audit preparation and coordination,  and building lease liaison services for the Township.  With the relocation of Township staff to the Civic  Center, building liaison services will no longer be required.  By partnering with the City of Evanston for  financial management and payroll support, the Township’s financial management responsibilities will be  significantly reduced.  Lastly, by filling the vacant Case Coordinator position, the Executive Director will  realize additional capacity that can be applied toward general human resources and financial  management.     The following figure summarizes the recommended organization structure for Evanston Township.     39 of 731 Page 24 Evanston Township Efficiency Review  The Novak Consulting Group Strengthening organizations from the inside out.       Figure 4: Recommended Organization Structure      Public Awareness   The Supervisor’s Office and the Assessor’s Office each maintain IT applications that are specifically  designed to meet their business needs.  The Supervisor’s Office has effectively implemented, and relies  heavily upon, the Visual GA case management system.  The Assessor’s Office primarily utilizes Cook  County’s technology infrastructure to support the taxpayer advocacy process but staff is well‐versed in  the system and is able to proficiently operate within it.    These tools help staff in the Supervisor’s Office and Assessor’s Office to provide a high level of service to  clients and customers.  However, for the average citizen, it is in fact quite challenging to determine what  services are offered by the Township and how those services can accessed.    Recommendation 6:  Establish an updated and user‐friendly Evanston Township website.   Currently, the City of Evanston’s website includes a brief “thumbnail” sketch of the Township that  contains little more than a mission statement and the phone numbers for the Supervisor and Assessor.   A separate webpage contains limited information on the General Assistance program, work opportunity  program, and other services the Township offers. Because this information is not electronically  connected with the Township’s own page it is of limited value. The Township’s web presence is currently  geared toward pushing inquiries to phone calls or physical visits to the office. While this method of  40 of 731 Evanston Township Page 25 Efficiency Review   The Novak Consulting Group Strengthening organizations from the inside out.     service delivery is personal, it is not necessarily efficient. This strategy does not take full advantage of  the information dissemination abilities of the internet.  The Evanston Township should develop a strategy to establish a deliberate presence on the web. This  strategy should include a reassessment and redesign of the webpages the Township uses to  communicate its presence and services to the community. This reassessment should focus on the  experience of the user; for example, it is difficult to “find” the Township on the web. The benchmark  townships all have clearly branded websites.  The Evanston Township’s lack of a clearly identified website creates an unnecessary impediment to  residents wishing to access Township services. The Township may choose to locate this redesigned,  comprehensive website within the City’s existing website, expanding its current placement under the  “Government” tab on the home page.  Alternatively, the Township may choose to follow the lead of the  benchmark townships and establish its own, standalone website with a dedicated domain name. In  either case, the Township should focus on creating its internet “home” and provide visitors with useful  information in an easy‐to‐understand format.  Whatever approach is taken there should be cross  references on both websites to help Evanston residents move between the City and Township websites  as they look for information on municipal services.  Recommendation 7:  Establish a targeted marketing effort to educate Evanston property owners  about the Township’s taxpayer advocacy services.  According to data provided by the Assessor’s Office, in 2012 the Assessor’s Office helped over 200  property tax payers in the City of Evanston obtain property tax exemptions.  In addition, the office  helped over 30 clients coordinate with mortgage companies to adjust their property tax escrow  accounts to reflect exemptions, helping Evanston homeowners navigate the often confusing process  associated with amending mortgage terms.  The Assessor’s office also helps residents navigate the  assessment appeal process, often applying niche expertise regarding the Cook County assessment office  to provide Evanston residents services that go above and beyond the basic level of customer service.  Currently, the Assessor’s Office actively seeks to build ongoing, multi‐year relationships with their  clients, especially seniors.  Staff makes an effort to contact former clients and remind them of the  various homeowner exemption filing deadlines and to offer services to former clients.  Though  Assessor’s Office staff occasionally make presentations at community centers and the like, the majority  of the Assessor’s new clients come in as a result of word‐of‐mouth marketing.  According to the 2010  U.S. Census, approximately 58% of Evanston housing units are owner‐occupied.  There is a large  segment of City of Evanston residents who could benefit from the services offered by the Assessor’s  Office.  Improvements to the City’s website will go a long way toward increasing community access to Assessor’s  Office programs, but additional targeted marketing efforts should also be implemented.  There are a  number of best practice approaches that can be applied; however, given staffing levels in the Assessor’s  41 of 731 Page 26 Evanston Township Efficiency Review  The Novak Consulting Group Strengthening organizations from the inside out.     Office, those efforts should take advantage of existing platforms that cover direct marketing, electronic  marketing, and mail‐based marketing, described below.   Direct Marketing – Increase the incidence of in‐person public marketing at community centers  and, specifically, senior centers and events.  According to staff, a large percentage of the  Assessor’s Office clientele are senior citizens.  Increasing the number of presentations and  seminars geared toward target populations will increase awareness of the services offered by  the Assessor’s Office. Niles Township conducts a lecture series geared toward educating  residents about the property tax rules and regulations and Township services.  A similar  program can be developed in Evanston Township.       Electronic Marketing – Utilize the City of Evanston’s weekly electronic newsletter to market  programs at key times of the year.   In addition, consider developing an annual electronic  newsletter that highlights Township services and accomplishments.  New Trier Township has  developed an annual Township electronic newsletter that summarizes services and  accomplishments in an easy to follow, user‐friendly format.     Mail Marketing – Contact the City of Evanston’s Utilities Department to determine if  marketing  inserts can be developed and  included in utility bills during key times of the year.  These initiatives not only serve to enhance public awareness of the Assessor’s programs, but also create  operational relationships between Township personnel and City personnel in the recreation, utilities,  and the City’s communications apparatus.    42 of 731 Evanston Township Page 27 Efficiency Review   The Novak Consulting Group Strengthening organizations from the inside out.     Governance In the State of Illinois there are approximately 20 coterminous townships.  Most of these townships are  governed by the elected supervisor and assessor but also by separately elected boards of township  trustees.  In most Illinois townships, the board of township trustees consists of approximately four  elected trustees as well as the township supervisor.  The board’s responsibilities are considerable, and  include, but are not limited to, auditing bills, attending to budgeting and levy responsibilities, and setting  policy for the Township Supervisor to administer. 5   These boards exist and operate independent of  separately elected, and distinctly charged, municipal councils.    Of the 20 coterminous townships, seven, including Evanston Township, operate under the policy  direction of a shared Township/Municipal Board.  In these jurisdictions, the municipal council is elected  to serve as both municipal council and township board of trustees.  This approach serves as an  institutional method to ensure that municipal and township policy is closely coordinated.  The  consequence of this approach is evident in Evanston Township, where the division of labor between the  township and the City is clearly demarcated and duplication of services is effectively non‐existent.   However, this approach to township governance also creates practical challenges.   Recommendation 8: Enhance the coordination of governance strategies and service delivery between  Evanston Township and The City of Evanston.    There are a number of steps that can be implemented to enhance coordination and cooperation  between the City of Evanston and Evanston Township.  However, there are two key initial steps that can  be implemented relatively easily to strengthen the governance process.  1. Integrate a Township operations orientation process into the City Manager’s Board of  Aldermen/Board of Trustees member orientation process.   2. Establish a quarterly meeting between the Board of Trustees, Township executive staff, and City  of Evanston executive staff to coordinate services and identify opportunities for collaboration.  One of the challenges of operating under a joint City/Township board is that the City’s elected officials  often view their primarily responsibility as City Council members.  This is the result of two important  considerations.  First, the townships, in addition to the board of trustees, are staffed with separately  elected executive positions that are charged with managing day‐to‐day township operations; this  effectively bifurcates policy development responsibilities.  Second, in many coterminous townships, the  functions of townships are relatively limited in comparison to those of the surrounding municipality.   Though the responsibilities of providing policy direction to the City are no more important than those of  the Township, the burdens of that responsibility are often heavier due to the comparative volume and  complexity of work.                                                                 5 The Township Officials of Illinois, Laws and Duties Handbook, ed. 2011  43 of 731 Page 28 Evanston Township Efficiency Review  The Novak Consulting Group Strengthening organizations from the inside out.     Currently, the Evanston Board of Aldermen meets as the Township Board of Trustees twice per year.  During the remainder of the year, the Township Supervisor and Township Assessor effectively operate  the Township independently, under the general guidance that the Board of Trustees provides at the  biannual meetings.  This relatively infrequent meeting schedule further exacerbates the aforementioned  division.   A best practice that is widely practiced in local governments is a comprehensive orientation process for  elected officials. Orientation processes allow for the opportunity to not only educate elected officials  regarding operations, finances, and significant policy and operational issues in the community, but it  provides an opportunity to engage elected officials in a constructive way, setting a positive tone for  future interactions. In Evanston, the City Manager, takes the responsibility for orienting aldermen to  Evanston operations.  While the City Manager is not responsible for Township operations, broadening  the scope of orientation to include the role of Township Trustee would be a valuable addition to the  curriculum.   The key areas that should be covered in the orientation would include roles and responsibilities of the  elected officials; staffing compliment and responsibility, statutory requirements, and Township budget  and revenue.  In Evanston Township’s specific case, attention should also be given to the role of elected  officials in both units of government and to identifying and discussing opportunities for cooperation and  coordination. In addition to enhancing the orientation process, the Board of Trustees meetings schedule  and agenda can be modified to strengthen governance and cooperation.  As mentioned above, the  Evanston Board of Aldermen meets twice per year in their role as the Township Board of Trustees.   Beyond these meetings, which are primarily used to update the Board of Trustees about Township  operations and finances, there is little formal coordination of services and initiatives between the Board  of Trustees and Township personnel.    For example, in 2011 the Mayor of Evanston initiated a task force to address issues of homelessness in  the City of Evanston.  The principle responsibility of the Township Assessor’s Office is to provide GA and  EA to the low income and indigent population in Evanston.  Their clientele are people and families who  are homeless or on the brink of homelessness.  In addition to providing direct services, Case  Coordinators at the Supervisor’s Office serve as a referral resource, connecting clients with social  services in the area.  As a result, they have formed close working relationships with various social service  providers in the community.  Though Township staff maintains this expertise, they did not participate or  contribute to the Mayor’s task force.    More frequent and intentional interaction between the Board of Trustees, Township staff, and City staff  will help the City identify additional opportunities to coordinate services.  To identify the most  appropriate model that could be applied in Evanston, The Novak Consulting Group initiated  conversations with five of Illinois’ seven coterminous townships that operate under a joint  municipal/township board.  That  research indicates that there are a number of approaches utilized  throughout the state, ranging from bi‐annual meetings to monthly meetings.  The following table  summarizes the meeting schedule and approach utilized in those townships were data was available.    44 of 731 Evanston Township Page 29 Efficiency Review   The Novak Consulting Group Strengthening organizations from the inside out.     Table 7: Meeting Schedule – Coterminous Townships with Shared Municipal/Township Boards  Township Township Board Meeting Schedule/Approach  Bloomington Township  City Council includes township items/issues on monthly City  Council agendas.     Meetings are utilized to review and discuss township business and  hear reports from the Supervisor and Assessor regarding  operations.   Additional meetings may be called for special items, such as the  construction of new township facilities.   Township Board of Trustees holds annual Township meeting  Galesburg Township  At the end of every bi‐weekly City Council meeting, the Council  adjourns and reconvenes as the Township Board to discuss  Township business.   In addition, Township Trustees hold annual Township meeting.  Godfrey Township  Village holds two Village Council meetings per month; the first  meeting begins with Township business.  Equates to 12 Township  meetings per year.   Township board may call special meetings as needed.  Macomb City Township  Township business is addressed once a quarter during a City  Council meeting of the whole.  Zion Township  Village holds two Village Council meetings per month; the first  meeting begins with Township business.     Supervisor chairs Township meeting; Mayor chairs City Council  meeting.    Though there are a number of different approaches utilized to integrate the dual role of Municipal  Councils and Township Boards of Trustees, these approaches are customized based on the individual  preferences of the community. In Evanston there is a specific desire, on the part of the citizenry, staff,  and elected officials, to facilitate greater cooperation between the Township and the City.    Establishing a quarterly special meeting to discuss and prioritize joint initiatives and provide direction to  both Township staff and City staff will serve this interest without fundamentally altering the governance  structure.  Moreover, it will provide an opportunity for the Board of Trustees to hear about Township  operations and provide policy guidance on a more frequent basis.     Summary of Staffing and Financial Impact   As discussed in more detail throughout this report, the current staffing levels in the Township are  relatively lean given the amount of work the Supervisor’s and Assessor’s Offices produce. However, this  analysis did identify a potential staffing efficiency given a change in current workload brought on by the  45 of 731 Page 30 Evanston Township Efficiency Review  The Novak Consulting Group Strengthening organizations from the inside out.     Township’s impending move to the Civic Center this fall as well as associated non‐personnel savings  through the elimination of information technology and finance/accounting support contracts.  The  following table summarizes the staffing and financial impact associated with implementing these  initiatives.   Table 8:  Summary of Staffing and Financial Impact  Action/Recommendation Summary of FTE Change Summary of Cost Savings Annual Lease Savings Associated with Relocating  Township Offices to the Civic Center - $72,000 Eliminate the Confidential Accounts/Personnel  Manager position. (1.0) $59,000 Utilize City of Evanston internal support services for  the Township’s finance and information technology  needs. - $30,000 TOTAL (1.0) $161,000 Conclusion   The Novak Consulting Group’s review of Evanston Township produced 9 recommendations to enhance  the efficiency of Township operations, increase public awareness of public services, and provide greater  cooperation and coordination between the City of Evanston and Evanston Township.  These  recommendations provide a starting point to encourage creative thinking about other ways in which the  Township may implement best practices while continuing to provide important services to the residents  of Evanston. The commitment demonstrated by both City and Township personnel during this process  signals strong potential for successful implementation of these recommendations.         46 of 731 Evanston Township Page 31 Efficiency Review   The Novak Consulting Group Strengthening organizations from the inside out.     Attachment A – General Assistance and Emergency Assistance Process Maps Applicant informed  of application  process  requirements,  begins “Inquiry”  stage Applicant chooses to  apply Applicant  produces  necessary  application  documents Completed  application  forwarded to  Executive Director Applicant  assigned to case  worker Case worker  schedules face to  face meeting with  applicant Application  checked for  completeness Incomplete Complete Process ended Applicant enters  “In process” stage Case worker  determines  applicant’s needs  and eligibility Client enters  “Active” stageEligible Applicant  appeals  decision? Process ended No Applicant goes  before Cook County  Appeal Committee  (CCAP) CCAP delivers  decisionProcess ended YesDenial affirmed Ineligible Applicant may reapply Application  reviewed for  potential eligibility  Denial overturned Potentially  eligible? Yes Client begins  receiving grant Applicant mailed  denial letter No Applicant mailed  denial letter Case worker mails  applicant  appointment  confirmation letter General Assistance Process –2013 Page 1 of 2 Page 2 of 2      47 of 731 Page 32 Evanston Township Efficiency Review  The Novak Consulting Group Strengthening organizations from the inside out.       Every six months  client must recertify Employable?Yes Client begins  treatment for issue  preventing  employability No Case worker meets  with client monthly  to assess client’s  case and  participation Does client  maintain  eligibility? Client continues  receiving grant Yes Applicant appeals  decision? Process ended No Applicant goes  before Cook County  Appeal Committee  (CCAP) CCAP delivers  decisionProcess ended YesTermination affirmed Termination overturned Client  produces  necessary  recertification  documents Eligible?Client continues  receiving grantYes Applicant appeals  decision? Process ended No Applicant goes  before Cook County  Appeal Committee  (CCAP) CCAP delivers  decisionProcess ended YesTermination affirmed Termination overturned Case worker  determines  continued eligibility Case worker  assesses  client’s  employability Client mailed  termination letter No Client mailed  termination letter No Client enters Job  Club Page 1 of 2 General Assistance Process – 2013 Page 2 of 2      48 of 731 Evanston Township Page 33 Efficiency Review   The Novak Consulting Group Strengthening organizations from the inside out.     Applicant informed  of application  process  requirements, begin  “Inquiry” stage Applicant choses to  apply Applicant  produces  necessary  application  documents Applicant mailed  letter of denial Application  checked for  completeness Incomplete Complete Process ended Applicant enters  “In process” stage Applicant may reapply Completed  application  forwarded to  Emergency  Assistance Case  Coordinator (EACC) EACC reviews  application for  eligibility EACC recommends  application approval  and forwards  application to  Executive Director  (ED) ED reviews  recommendation Executive Director  provides notes on  reason for  recommendation  denial and forwards  application back to  EACC ED affirm  recommendation?Yes Client enters  payment  subprocess Client may apply for  another EA grant  365 days after  receiving previous  grant EACC works with  applicant to address  notes on application EACC recommends  application denial  and forwards  application to  Executive Director  (ED) ED reviews  recommendation No ED affirm  recommendation? Applicant  appeals  decision? Process ended No Applicant goes  before Cook County  Appeal Committee  (CCAP) CCAP delivers  decisionProcess ended YesDenial affirmed Applicant sent  denial letterYes Denial overturned Executive Director  provides notes on  reason for  recommendation  denial and forwards  application back to  EACC EACC works with  applicant to address  notes on application No EACC  recommends  approval? Yes No Emergency Assistance Process – 2013   49 of 731 The Novak Consulting Group Management Audit Interview List Township Supervisor Pat Vance Township Assessor Bonnie Wilson Township ED Rosemary Jean Paul Township Deputy Assessor Township Assistant Assessor All other Township Staff (Met Individually) City Manager Wally Bobkiewicz IGA Coordinator Matt Swentkofske Assistant City Manager Marty Lyons Health Director Evonda Thomas Parks, Recreation and Community Services Director Doug Gaynor Economic Development Director Steve Griffin, Zoning Manager Dennis Marino Housing Planner Mary Ellen Poole 50 of 731 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, July 8, 2013 Roll Call: Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Alderman Grover Alderman Wynne Alderman Burrus Alderman Wilson Mayor Pro Tem Alderman Rainey The Regular Meeting of the City Council was opened at 7:55 pm. Mayor Public Announcements July is National Park and Recreation Month as so announced by Mayor Pro Tem Rainey. City Manager Public Announcements City Manager Bobkiewicz called on Mr. James Maiworm, Asst. Director of Public Works. Mr. Maiworm announced the fourth annual Recycling Fair July 13, 2013 at Evanston Township High School from 9:00 am until 12:00 pm. Alderman Grover complemented Mr. Maiworm and his staff for the July 4th cleanup. She also had concern for the electronic collection and how the line wrapped around the High School’s campus. Mr. Maiworm stated they have made adjustments to alleviate the problems that occurred with the last recycling event. Communications: City Clerk Clerk Greene announced the receipt of a petition containing 153 signatures that stated their position against the sale of the Harley/Clark Mansion and Light House Beach for the development of a Bed & Breakfast facility. Clerk Greene then had a document passed out to the members of the Dias, and explained it concerned the functions of the Clerk’s Office. The statements were from the Evanston City Code and the Illinois Compiled Statutes. Clerk Greene closed out his statements by stating the Clerk does not work for the City Manager, was not a member of the City Manager’s staff or considered to be a staff member. 51 of 731 City Council Agenda July 8, 2013 Page 2 of 14 7/18/2013 1:14 PM Mayor Pro Tem Rainey stated there would be a 10 minute presentation from the Piven group and the opposition, which is added to the 45 minutes granted to citizen comments. Citizen Comment. She said she wasn’t sure who would start first, so the City Manager spoke up and said, “Ms. Weiss why don’t you start”. Maggie Weiss, chair of the Noyes Tenants Association that was formed 18 months ago. She stated the reason for her appearance was because the proposed Noyes Cultural Arts Center lease agreement is not in the best interest of the town or the citizens. She gave a power-point presentation representing the tenant’s recommendations that would be a better outcome for both the community and the citizens of Evanston. Her handout will be available online as well as in the Clerk’s Office. Leslie Brown, 3517 Central she is the Executive Director of Piven Workshop and she passed out her proposal to the Council. Joel Frimeth, 927 Noyes President of the Board of the Piven Workshop in favor of the proposal. He is asking for a loan from the City since they are the Landlord for the improvements to the building. Mayor Pro Tem Rainey suggested the persons who wanted to talk about Harley/Clark would yield their time to allow those who were here to speak on agenda items more time to speak. Alderman Fiske suggested to the Mayor Pro Tem to allow whoever wanted to speak the opportunity to speak. The following speakers gave comments concerning Piven: Jack Learmen, 2412 Park Place distributed tax documents of the Piven group as well as depositing with the City Clerk petition of 202 signatures opposing the Piven proposal. Sheila Ottinger, 927 Noyes Joanna Pinsky, 1223 Grant she is the Artistic Director of Art Encounter in the Noyes Center and is in support of the statements made by Maggie Weiss. Carole Bass, 800 Euclid #1003 speaking solely on her own behalf concerning the proposal of Piven and how the cost will ultimately affect the City. John Wright, 1137 Noyes stated the Noyes building is not failing or falling apart. Greg Allen, 1917 Kirk St. spoke against the Piven Workshop proposal and stated if it goes through the proposal will never turn a profit again as it has been thus far. Chuck Harp, 296 Harper in Skokie said he was here to support Maggie as he passed out a charter to the Dias that shows the cost of every theater built in the last 20 years in Metra-Chicago area. He also asked traffic to look into how many parking spaces needed before giving a lease to Piven. The following speakers gave comments on the Assault Weapons: Michael Morand, 3036 Central stated he was opposed to the assault weapons ban and he read statistics from the FBI about deaths other than with so called assault weapons. Todd Kennedy, 830 Reba stated the ordinance is banning the guns with the attachments and not a specific gun type. Eric Jacobson, 1422 Dempster St. stated he lost his brother to gun violence, and that life comes ahead of gun rights. Eileen Soderstrom, 2204 W. Greenleaf stated the founding Fathers did not create the Constitution to protect your favorite hobbie. 52 of 731 City Council Agenda July 8, 2013 Page 3 of 14 7/18/2013 1:14 PM Mike Weisman, 2n125 Virgina, Glen Ellyn 2nd Vice President of the IL. Rifle Assoc. spoke of crimes in Evanston and the lack of function versus the cosmetics of the gun. Mille Hreczary, 5848 Maple St., Chicago, IL spoke against the ban and not to infringe on her right to be safe. Ellen Chiocca, 736 Central St. stated she know the Council will do the right thing and they will pass the gun ban. Marjorie Fujario, 343 Dewey is a Pediatrician at Stroger Hospital and on behalf of “Moms Demand Action” speaking in favor of the assault weapons ban ordinance. Karl Kurrin, 343 Dewey a former army officer he urged the Council to ban assault weapons in Evanston. Carolyn Murray, 1930 Grey Ave. spoke of a dream she had of her son saying he is happy, and she woke up. She stated the gun violence has to stop and begged the Council to please help us. Denise Wang-Stoneback, PO Box 1672, Skokie she stated she was here to urge the passage of a gun ban to protect the lives of the citizens in Evanston over the desire of those who want the assault weapons for entertainment. Dr. Michael James, 326 Callan stated the bell is tolling for us to protect our children and if we don’t shame on you. Rich Giraud, 1023 Austin stated he and his wife are in support of the ordinance and urge the Council to have a unanimous vote to pass the ordinance banning assault weapons. Jordan Zoot, 617 Grove St. stated he was a life-time NRA member and is disgusted with the Council for not trying to adopt a proposal he delivered to every Council member for the gun ordinance, and that he is not a gangbanger like Bamberg, Murray, Davis and Woodson. Joey Rodger, 1730 Hinman thanked the Council for making public safety one of your top goals for 2014, violence is complicated preventing violence is very complicated. She encouraged the Council to make the steps to move us forward to becoming a peaceable city. Joel Siegel, 11000 Crawford, Lincolnwood speaking on behalf of the Jewish gun owners of Evanston. He stated ”No anti-Nazi gun laws in Evanston”. He said to address the real problem here, urban youth gangs. Scott Szczesny, 312 N. Rosedale Court stated he is against the gun ban according to the shirt he was wearing. The following persons spoke on the B & B item: Jes Sherbourne, 1513 Forest suggested the Council deny the special use permit for the establishment of a second B&B on his block. Clare Kelly-Delgado, 823 Colfax St. is the sale of public land especially Harley/Clark and the ethics in City Government, that the Council act ethically when it comes to Council votes. She recommended that Alderman Tendam recuses himself from the sale of property to Mr. Pritizker. Mayor Pro Tem Rainey attempted to say the speaker’s time was up and finally said,”I’m showing you that’s not true, I am going to let you drone on while everybody else have to wait. Once the citizen completed her statements, Mayor Pro Tem said, ”Take it to the Ethic’s Committee”. Nick Agnew, 819 Colfax St acknowledged his neighbor Clare Kelly-Delgado as a Teacher of Excellence winner at ETHS, where she has been a teacher for 20 years. He spoke of the appearance of impropriety in the acceptance of $1000 from Mr. Pritzker 53 of 731 City Council Agenda July 8, 2013 Page 4 of 14 7/18/2013 1:14 PM when he had a zoning relief issue pending before the City. He also suggested that the Ethic Committee should investigate the matter. Mayor Pro Tem responded to the remarks of Mr. Agnew and instructed him to go to the Ethic Committee and there would be no more Tendam bashing. Ilya Khait, 8927 Bronx Ave, Skokie stated he is against the ban, and hope Evanston will follow Park Ridge who just voted the ban down. He also wanted to know how the weapons will be collected. Linda Damashek, 1318 Judson stated she is a Lakefront open space preservationist and that no public parkland should be lost to a for profit entity, because it is our most precious Assets. Barbara Janes, 802 Colfax stated what happened to her and her husband were told to leave the park when they were there on public land voicing their opinion about Lakefront construction. She asked that the Council would look into the matter. Mary Rosinski, 1728 Chancellor came to inform the citizens the City’s contemplating selling 2.5 acres of Parkland. The City should not sell to a private investor, but should be for the enjoyment of the residents. Vanessa Dillingham, 1903 Livingston St, she is against any sell of Lakefront area. The plan will diminish the beauty of the Light House Beach even though access will not be denied. She hopes the Council will not allow this to come on the agenda for sell. Jerry Woods, 847 Judson #2 stated he has a heart for the Art Center and not to tear down the Harley/Clark Mansion. Junad Rizki, 2784 Sherman inferred the Council has launched a disgusting process for selling our parks, and he stated there have been illegal meetings for selling 2.5 acres of Lighthouse Beach. Let’s remember Senate seats are not for sell in Illinois and neither should Parklands in Evanston. Sabrina Edman, 2510 Prairie Ave stated Lighthouse is their backyard and her children love the area and she urged the Council to keep in mind public lands are for the people. John Curscell, 716 Brummell stated the Public Parklands are for the people and not private entities. Michael Lohr, 726 Milburn spoke against the sale of the Harley/Clark property and also said was it is sold the Council will never get it back. Bonnie Wilson, Evanston Township Assessor reminded all that the real estate taxes are due August 1st, and that the citizens receive all the benefits entitled them especially the seniors over 65. If your exemption was not received you can go back 3 years to claim it. Prescilla Giles, 1829 Ashland Ave. stated 9 people are making decisions for the citizens in Evanston. She urged them to consider all the citizens especially the hardship placed on the citizens who come to Fleetwood/Jourdain with the circular drive removal due to beautification. 54 of 731 City Council Agenda July 8, 2013 Page 5 of 14 7/18/2013 1:14 PM 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 Items not approved on Consent Agenda: (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 (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 (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 55 of 731 City Council Agenda July 8, 2013 Page 6 of 14 7/18/2013 1:14 PM 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 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 (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 56 of 731 City Council Agenda July 8, 2013 Page 7 of 14 7/18/2013 1:14 PM (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 (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) 57 of 731 City Council Agenda July 8, 2013 Page 8 of 14 7/18/2013 1:14 PM 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 (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 58 of 731 City Council Agenda July 8, 2013 Page 9 of 14 7/18/2013 1:14 PM 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 (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 59 of 731 City Council Agenda July 8, 2013 Page 10 of 14 7/18/2013 1:14 PM 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 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 (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 (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 60 of 731 City Council Agenda July 8, 2013 Page 11 of 14 7/18/2013 1:14 PM 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 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 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 61 of 731 City Council Agenda July 8, 2013 Page 12 of 14 7/18/2013 1:14 PM Bureau (CNSCVB). Funding is provided by the Economic Development Fund’s Economic Development Partnership Account (Account 5300.62659). For Action (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 Alderman Wynne motioned for approval of the Consent Agenda and it was seconded with a Roll Call vote of 8-0 the Consent Agenda was approved. Items for discussion: (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 Alderman Wynne stated this item was held in committee. (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 62 of 731 City Council Agenda July 8, 2013 Page 13 of 14 7/18/2013 1:14 PM 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 Alderman Wynne motioned for approval and it was seconded and she also amended the motion to strike section 3B and to Alderman Rainey amended the motion to allow a 3 month period and then decide after the period is over to continue or not. (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 Alderman Tendam amended the motion to position the Performing Arts in the downtown area. The Roll Call vote was 9-0 and the item was introduced as amended. (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 Alderman Fiske asked that the item be held. Call of the Wards: Ward 5, Alderman Holmes announced the first starlight concert at Twiggs Park at 7:30 pm tomorrow night. Ward 6, Alderman Tendam thanked the city staff for doing a good job cleaning up after the July 4th parade. Ward 7, Alderman Grover had no report Ward 8, Alderman Rainey wanted to thank those who helped to make the activities at Elk’s Park a success because it was the only water event in town, where everyone got wet. Ward 9, Alderman Burrus announced a 9th ward meeting on Wednesday at 7:00 pm in the Levy Center. 63 of 731 City Council Agenda July 8, 2013 Page 14 of 14 7/18/2013 1:14 PM Ward 1, Alderman Fiske announced the opening of Farmhouse Restaurant and invited all to come by and visit, and you will feel at home. Ward 2, Alderman Braithwaite announced the 5th annual youth triathlon that occurred on Sunday, and he thanked all the city staff and volunteers who helped to make it safe for the participants. Ward3, Alderman Wynne made a reference regarding distance and ownership for the B&B Ordinance. Ward 4, Alderman Wilson had no report. A motion was asked for adjournment and it was agreed upon by all and the Regular Meeting of the Council ended at 10:34 pm. Submitted by, Hon. Rodney Greene, CMC City Clerk of Evanston 64 of 731 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, July 15, 2013 Roll Call: Alderman Tendam Alderman Braithwaite Alderman Grover Alderman Wynne Alderman Rainey Alderman Wilson Alderman Burrus Alderman Holmes Alderman Fiske Presiding: Mayor Elizabeth B. Tisdahl Mayor Tisdahl called the Regular Meeting of the Council to order at 7:07 pm. Mayor Public Announcements Mayor Tisdahl gave recognition to Life Guards David Altman, Jack Killheffer, and Tudor Byas and presented them with certificates for their heroic saving of a man’s life, whose boat capsized in Lake Michigan. The Life Guards were then given the opportunity to speak and thanked all for the recognition. 2013 Preservation and Design Awards were presented to the recipients by Mr. Garry Shumaker, Chairman of the Preservation Commission. Award for Sensitive Alteration/Adaptive Reuse 629 Colfax Award for Sensitive Alteration/Rehabilitation 2829 Sheridan Place Award for Proper Rehabilitation/Alteration 2648 Lawndale Avenue Award for Proper Rehabilitation/Restoration 1814 Wesley Avenue Award for Adaptive Reuse 1200 Davis Street (Roycemore School Award for Sensitive Addition/Alteration 1041 Judson Avenue Award for Sensitive Alteration 1014 Michigan Avenue Award for Sensitive Addition/Alteration 618 Emerson Street (Delta Gamma Sorority House 65 of 731 City Council Agenda July 15, 2013 Page 2 of 5 2 Award for Proper Rehabilitation/Restoration 630 Dartmouth Place Also, for the first time a new category has been introduced for Life Achievement/ Preservationist of the Year. Award for Life Achievement/Preservationist of the Year Anne O. Earle and Mary B. McWilliams – Ms. Earle and Ms. McWilliams are both being recognized with the Life Achievement/Preservationist of the Year City Manager Public Announcements Citizens Greener Evanston Wind Energy Update was presented by Jeff Smith. He referenced the Lake Michigan Wind Energy Act (HB2753) that Representative Robyn Gabel introduced in Springfield. He finalized his report by seeking encouragement and support from the City. Communications: City Clerk The Clerk announced that FEMA along with SBA (Small Business Association) have joined to assist home repairs that resulted from the storms and flooding. To be eligible the damage had to occur during the month of April 16 thru May 5, 2013. You only have until July 24, 2013 to apply. Citizen Comments Citizens speaking on SP1 Ken Deans, 2513 Prospect asked the questions why now and is there a recent crime problem in Evanston with these type of weapons. He stated this is a solution looking for a problem. Joey Rodger, 1730 Hinman was speaking as the Executive Director of Peaceable Cities Evanston and on behalf of the Board of Directors. She stated her intentions were to urge the passage of the assault weapons ban will not ebb all the violence in Evanston, but it is one step one you can take tonight. Father Robert Oldershaw, 2244 Sherman thanked the Council for the work on the assault weapons ban and he urged the Council to do it tonight for the young people who have lost their lives to gun violence, do it tonight for the common good of the people of Evanston. Ralph Zarumba, 736 Central stated his non-support of allowing assault weapons in Evanston and physiological testing should be enforced if they are allowed. Eileen Soderstrom, 2204 W Greenleaf, Chicago is in support of the gun ban and she stated there has been an assault weapons ban from 1994-2004. She also quoted some statistics concerning gun violence Chad Gailey, 1019 Sherman Ave. he honored the thoughtful bill, but it is a bandage on the problem that exist here. Marjorie Fujara, 343 Dewey had a concern of the exception given to gun collectors. Elloria Chiocca, 736 Central was in favor of the gun ban and the emotional trauma that the children experience due to the gun violence. Denyse Stoneback, PO Box 1672 stated an armed America is not a safer America as she supports the gun ban. 66 of 731 City Council Agenda July 15, 2013 Page 3 of 5 3 Dr. Michael James, 326 Callen spoke of the wonderful sight of children were playing, but was disturbed when he was reminded of the gun violence, and a solution must be arrived from both sides of the issue. Karl Kurman, 343 Dewey a former army officer urging the passing of the gun ban and take the first step to prevent these look-alike combat weapons. Jeff Smith, stated a family member was a victim of gun violence, he supports the Council to do the right thing. but the bill does not support accurate facts to ban these guns. Lee Goodman, Northbrook recited a poem speaking of a town, world, or country being free and living peacefully. Make this town what we want it to be. Carolyn Murray, 1930 Gray came to protest the verdict of George Zimmerman along with a group of young residents who wanted to express their outrage to gun violence. John Chrusciel 716 Brummel said the revision of the new ordinance was excellent, and he supports the ordinance. Virginia Schulbert, 2523 Asbury stated there is no need for any weapons in a home, and semi-automatic rifles have no place even for the hunters. Mike Weisman, 2N125 Virginia is not an Evanston resident, but the 2 nd Vice President of Illinois State Rifle Association who spoke on behalf of the gun owners in Evanston. He alluded that the Village Attorney came with a second bad ordinance. Carla Willis, 1333 Maple Ave. she thanked the Council in advance for hopefully passing the ordinance and that the residents of Evanston support the ban and will not be intimidated by the gun lobby. Todd Kennedy, 830 Reba Place stated he is a libertarian and against the ban, and he wanted to know who to contact for answers to questions. Mayor Tisdahl said to send them to her and she will direct them to the right person. Kristen Schelbert, 2523 Asbury Ave. stated the right to bear arms should require the licensing and registration just as with having a driving license. The following persons spoke on the Harley/Clark issue: Junad Rizki, 2284 Sheridan stated the City has had numerous meetings to sell Light House Beach Park and has distorted the facts. The City is trying to sell 2.5 acres of land, and he also commented on Alderman Grover as smiling during his comments. Mary Rosinski, 1729 Chancellor stated the negotiations for the sale of this property should stop immediately, and if you go through with it shows how out of touch you are with your constituents. She said we need money, but something’s money can’t buy. Camille Blachwicz, 806 Colfax stated the Lake Front Plan stated the uniqueness of Evanston’s Lake Front is what draws and keep people, and it should not be used for privatization. Chad Galey, 1019 Sherman Ave. stated he hope the Council will preserve the park acres and not sale to private entities. Anita Gewurz, 713 Ingleside Place stated her concern of the plans to build this expansion, and will the residents be prevented from going on the beach. She then urged Alderman Tendam to recuse himself from the voting since he was the recipient of a gift from Mr. Pritzker. Lou Harms, 2115 Livingston called himself as an 87 year old geezer who has lived in Evanston all his life and enjoyed the various beaches, and to have it evaporate will be a travesty. 67 of 731 City Council Agenda July 15, 2013 Page 4 of 5 4 Tiffany Houston, Alanna Williams, Jerome Smith, and Clara Baker, along with a group of youngsters came forward to protest the George Zimmerman verdict as well the gun violence. They chanted no justice, no peace, I am Trayvon Martin. Linda ,1318 Judson stated she has spoken to many residents all over Evanston and she urged the stoppage of the sale of the Harley Clark Mansion. SPECIAL ORDERS OF BUSINESS (SP1)Ordinance 76-O-13 Assault Weapon Ban Staff submits for consideration Ordinance 76-O-13, with revisions, following the extensive comments received from Council and residents at the July 8, 2013 meeting, and responsive to further comments received since the meeting. For Action Alderman Rainey commented staff should not be presenting ordinances or resolutions, This is a function of the interested Aldermen to present. Alderman Rainey motioned for approval and it was seconded. A Roll Call vote was done and with a 9-0 response the motion was approve. (SP2)Discussion of Snow Emergency Parking Regulation Fee Increase Staff recommends City Council consider an increase of fines for snow related parking emergencies. Staff will give a PowerPoint presentation for discussion. For Discussion There was a unanimous voice vote and the item was approved for introduction. (SP3)Resolution 42-R-13 Arrington Foundation Lagoon Gift Agreement Staff recommends that City Council authorize the City Manager to execute an Agreement with the Arrington Foundation to accept a donation in the amount of $500,000 for the renovation of the lagoon in Dawes Park. For Action Alderman Wynne motioned for approval and it was seconded and approved with a unanimous voice vote. (SP4)Comprehensive Non-Union Compensation Study Staff recommends acceptance of the recommendations of Evergreen Solutions, LLC, the company which conducted a comprehensive compensation study for all non-union positions within the City of Evanston. City Manager Wally Bobkiewicz intends to implement Phases 1, 2, and 3 in 2013 at an estimated annual cost of $59,307. The recommended changes will not exceed the current budget allocation for wages. Accept and Place on File Accepted to place on file by a unanimous voice vote. (SP5)Hotel-Motel Tax Ordinance and Collection Staff recommends City Council receive a report regarding the City’s Hotel-Motel Tax, and provide direction if necessary. For Discussion Reference for Ordinance to include all licenses for acceptance, and it was accepted by 68 of 731 City Council Agenda July 15, 2013 Page 5 of 5 5 a unanimous voice vote. (SP6)Approval of Contract with Duncan Solutions for the Parking Meters and Multi-Space Pay Stations (RFP 12-147) Staff recommends approval of a unit price contract for the purchase and installation of parking meters and multi-space pay station technology with Duncan Solutions (633 W. Wisconsin Avenue, Suite 1600 Milwaukee, WI). The recommended configuration results in an estimated cost of $1,094,260. Funding for the project will be provided by the Parking Fund capital improvement account (701515.65515). For Action Alderman Wynne moved for approval and it was seconded. A Roll Call vote resulted in a 9-0 vote for approval. (SP7) Approval of Contract Extension with Professional Account Management, LLC for the City’s Parking Ticket Management and Payment Processing Staff recommends that the City Council authorize the City Manager to enter into a contract extension with Professional Account Management, LLC (a division of Duncan Solutions, Inc.) (633 W. Wisconsin Avenue, Suite 1600, Milwaukee, WI) for the outsourced portion of the City’s parking ticket management and payment processing functions. Funding is provided by 2013 Administrative Services Account 1910.62449 with a budget of $415,600. For Action Alderman Wynne moved for approval and it was seconded. A Roll Call vote resulted in a 9-0 vote for approval. Call of the Wards: Ward 6, Alderman Tendam had no report. Ward 7, Alderman Grover had no report Ward 8, Alderman Rainey had no report Ward 9, Alderman Burrus had no report Ward 1, Alderman Fiske had no report 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 announced her 5th ward meeting this Thursday. The Mayor asked for a motion to adjourn, it was so moved and seconded and with a unanimous voice vote the Regular Meeting of the City Council ended at 10:10 pm. Submitted, Hon. Rodney Greene, CMC City Clerk of Evanston 69 of 731 Rev. 7/18/2013 6:08:17 PM ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, July 22, 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 July 8, 2013 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 6/30/13 $2,801,415.86 (A2) City of Evanston Bills FY2013 7/23/13 $2,857,592.18 For Action (A3.1) Approval of One-year Contract Extension with Badger Meter, Inc. for the Water Meter Purchase Contract (Bid 12-138) Staff recommends that City Council authorize the City Manager to execute a one- year contract extension for the Water Meter Purchase contract to Badger Meter, Inc. (4545 West Brown Deer Road, Milwaukee, WI) in the amount of $20,000. Funding is provided by the Water Fund Accounts 7120.65070 and 7125.65080. For Action (A3.2) Approval of Contract with F.E. Moran, Inc. for the 2013 HVAC Improvement Project (Bid 13-48) Staff recommends that City Council authorize the City Manager to execute a contract for the base bid plus alternate bid 2 for the 2013 HVAC Improvement Project with F.E. Moran Inc. (2265 Carlson Drive, Northbrook, IL) in the amount of $489,300. Funding is provided by the FY2013 Capital Improvement Plan (CIP) Accounts 416144, 415602, and 415688. For Action 70 of 731 Rev. 7/18/2013 6:08:17 PM (A3.3) Approval of Contract with T.Y. Lin International for the Evanston Bicycle Plan Update Project (Bid 13-18) Staff recommends that City Council authorize the City Manager to execute a contract with T.Y. Lin International (200 S. Wacker Drive, Suite 1400, Chicago IL) in the amount of $120,321.58 for the Evanston Bicycle Plan Update project. Funding is provided by the Chicago Metropolitan Agency for Planning (CMAP) grant in the amount of $100,000 and the CIP Fund (415937) in the amount of $20,321.58. For Action (A3.4) Approval of Contract with Schroeder & Schroeder, Inc. for the 2013 Alley Paving Project (Bid 13-53) Staff recommends the City Council authorize the City Manager to execute a contract for the 2013 Alley Paving Project to Schroeder & Schroeder, Inc. (7306 Central Park, Skokie, IL) in the amount of $497,590.06. Funding is provided by the Special Assessment Fund (6365.65515) in the amount of $252,590.06 and CDBG Funds in the amount of $245,000. The homeowner’s portion of the special cost is collected over a period of ten years. For Action (A3.5) Approval of Grandmother Park Project 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. Grandmother Park Initiative (GPI) has raised the required revenue needed to complete this park according to estimates reviewed by City and Grandmother Park representatives. GPI representatives recommend the use of Nature's Perspective for this project. For Action (A4) Approval of an Amendment to the Agency Agreement for the Management of the Natural Gas Purchase and an Amendment to the Agreement for the Purchase of Natural Gas for 16 City Owned Buildings Staff recommends that the City Council authorize the City Manager to negotiate and execute Amendment 1 to the Agency Agreement with Northwestern University for the management of the natural gas purchase. The amendment extends the term of the agreement through August 31, 2015. Staff also recommends that the City Council authorize the City Manager to negotiate and execute Amendment 5 to the agreement with Twin Eagle Resource Management, LLC (5120 Woodway, Suite 10010, Houston, TX) for the purchase of natural gas for 16 City owned buildings when the strike price is below $5.00 per MMBTU. The amended term of the agreement would be effective September 1, 2015 through August 31, 2016. For Action 71 of 731 Rev. 7/18/2013 6:08:17 PM (A5) Resolution 46-R-13, 1223 Simpson Street Boiler Room Apartment Lease Renewal Staff recommends approval of Resolution 46-R-13, authorizing the City Manager to execute a lease between the City of Evanston and Norma and Nolan Robinson for the Apartment located at 1223 Simpson Street for the period August 1, 2013 to July 31, 2014. For Action (A6) Ordinance 57-O-13, Amending Title 10, to Regulate Parking in Electric Vehicle Charging Stations Staff recommends City Council City consideration of Ordinance 57-O-13, which amends Title 10 regarding restricted use of Electric Vehicle Charging Stations and parking Violation Penalties to regulate parking in electric vehicle charging stations. For Introduction (A7) Ordinance 79-O-13, Amending Title 10, Passenger Loading Zone at 1702 Sherman Avenue and Taxicab Stand on 1600 Block of Oak Avenue The Transportation/Parking Committee and staff recommend City Council City consideration of Ordinance 79-O-13 which amends Title 10 to replace the existing cab stand at 1702 Sherman with a three (3) minute Passenger Loading Zone. The Music Institute of Chicago is relocating its headquarters to 1702 Sherman Avenue. A new taxicab stand is recommended for the 1600 block of Oak Avenue. For Introduction (A8) Ordinance 81-O-13, Amending Title 10, to Create a Resident Only Parking District Staff recommends City Council adoption of Ordinance 81-O-13 to create a Evanston Resident Only Parking District adding subsection (B) District E-2: Six o'clock (6:00) P.M. to six o'clock (6:00) A.M., seven (7) days a week in the area north of Howard Street to the Chicago Transit Authority (CTA) tracks and east of Ridge Avenue to include Custer Avenue. For Introduction (A9) Ordinance 82-O-13, Amending Title 10, to Impose Two-Hour Parking on Hurd Avenue Staff recommends City Council adoption of Ordinance 82-O-13 which adds both sides of Hurd Avenue from the south alley of Central Street to the north alley of Central Street as limited two-hour parking between the hours of nine o’clock (9:00) A.M. and six o’clock (6:00) P.M. on any day except Sunday and national holidays. For Introduction 72 of 731 Rev. 7/18/2013 6:08:17 PM (A10) Ordinance 83-O-13, Amending Sections 3-25-1 and 3-25-6 Regarding Real Estate Transfer Tax City Clerk recommends approval of Ordinance 83-O-13 to amend Sections 3-25- 1 and 3-25-6 of the Real Estate Transfer Tax, which adds a definition of the terms “Mortgagee and Secured Creditor”. The definition is necessary to clarify parties which can be classified as mortgagee and secured creditor for purposes of a real estate transfer tax exemption. For Introduction IV. ITEMS FOR DISCUSSION (APW1) Utilities Department Update (APW2) Banner Policy (APW3) Civic Center Lease with “Northwest Center Against Sexual Assault” (APW4) Update from Law Department Regarding Liquor Code Revisions V. COMMUNICATIONS VI. ADJOURNMENT 73 of 731 Administration and Public Works Committee Meeting Minutes of July 8, 2013 City Council Chambers – 5:45 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: P. Braithwaite, C. Burrus, J. Grover, D. Holmes, A. Rainey STAFF PRESENT: L. Biggs, W. Bobkiewicz, H. Desai, B. Dieter, Chief Eddington, G. Farrar, D. Gaynor, L. Gergitz, L. Jeschke, J. Williams-Kinsel, M. Lyons, J. McRae, S. Nagar, B. Newman, H. Pirooz, A. Porta, S. Robinson, D. Stoneback, M. Swentkofske 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 24, 2013. Ald. Burrus moved approval of the minutes of the June 24, 2013 A&PW meeting, seconded by Ald. Braithwaite. The minutes of the June 24, 2013 A&PW meeting were approved unanimously 5-0. III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 6/16/13 $2,759,255.18 Ald. Holmes moved to approve the payroll, seconded by Ald. Braithwaite. The Committee voted 5-0 unanimously to approve the payroll through 6/6/13. (A2) City of Evanston Bills FY2013 7/9/13 $3,894,114.74 Ald. Grover moved to approve the bills list, seconded by Ald. Braithwaite. The Committee voted 5-0 unanimously to approve the bills list. Credit Card Activity – Period End May 31, 2013 $ 125,260.65 Ald. Holmes moved to approve the credit card activity, seconded by Ald. Burrus. The Committee voted 5-0 unanimously to approve the credit card activity. DRAFT - NOT APPROVED 74 of 731 Administration and Public Works Committee Meeting Minutes of 7-8-13 Page 2 of 6 (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 Ald. Burrus moved to recommend approval of the contract, seconded by Ald. Grover. The Committee voted unanimously 5-0 to recommend approval of the contract with Kenny Construction. (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 Lara Biggs, Superintendent of Construction reported that the contract began this summer, which is the first one done by SAK in Evanston, and SAK has been responsive and proactive. Ald. Burrus moved to recommend approval of the contract, seconded by Ald. Grover. The Committee voted unanimously 5-0 to recommend approval of the contract with SAK Construction. (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 75 of 731 Administration and Public Works Committee Meeting Minutes of 7-8-13 Page 3 of 6 Ald. Burrus moved to recommend approval of the purchase, seconded by Ald. Braithwaite. Chair Rainey noted that it is single source so that all of the transmitters are compatible. The Committee voted unanimously 5-0 to recommend approval of the purchase. (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 Ald. Burrus moved to recommend approval of the agreement, seconded by Ald. Grover. The Committee voted unanimously 5-0 to recommend approval of the agreement. (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 Ald. Grover moved to recommend approval of the contract, seconded by Ald. Burrus. The Committee voted unanimously 5-0 to recommend approval of the contract. Chair Rainey said she would be watching the company closely, since the City has had problems with them before, adding that the project will be a nice improvement to the school campus. 76 of 731 Administration and Public Works Committee Meeting Minutes of 7-8-13 Page 4 of 6 (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 Ald. Burrus moved to recommend approval of the contract, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to recommend approval of the contract. (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 Ald. Holmes moved to recommend approval of the funding increase, seconded by Ald. Grover. The Committee voted unanimously 5-0 to recommend approval of the increase. (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 Ald. Grover moved to hear the report, seconded by Ald. Burrus. Marty Lyons, Assistant City Manager, said the 2012 calendar year Comprehensive Financial Audit Report had been completed and there were no new comments from the auditors. He said the City is working on configuring the new financial/HR software. Chair Rainey inquired about Mr. Lyons’ response to the auditors’ comment that a 3 rd layer of approval alleviate a “material weakness” to which Joe Lightcap, Manager of Baker Tilley Auditors, responded that not many municipalities prepare their own 77 of 731 Administration and Public Works Committee Meeting Minutes of 7-8-13 Page 5 of 6 financial statements and that the comment referred to computing routine journal entries in financial reporting gat year end. Mr. Lyons said the auditors had expanded their scope in their duty. He said the City would change its procedures so they are followed the same at year end, as the rest of the year to alleviate the “material weakness.” At Ald. Grover’s inquiry he explained that he will get an email, so there can be a 3-level review with the new software. Mr. Lightcap explained the opinion of the auditors, which was very positive. Chair Rainey thanked him. Ald. Grover moved to put the report on file, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to put the report 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 Ald. Holmes moved to recommend approval of Resolution 41-R-13, seconded by Ald. Braithwaite. Chair Rainey asked Ms. Robinson to be sure the street is restored after the easement is in place, to which Mr. Robinson agreed. The Committee voted unanimously 5-0 to recommend approval of Resolution 41-R-13. (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 Ald. Braithwaite moved to recommend introduction of Ordinance 77-O-13, seconded by Ald. Grover. Chair Rainey moved to amend the Ordinance to exclude Camper Unit #38 from the from the sale, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to recommend introduction of Ordinance 77-O-13, as amended. 78 of 731 Administration and Public Works Committee Meeting Minutes of 7-8-13 Page 6 of 6 (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 Ald. Burrus moved to recommend introduction of Ordinance 84-O-13, seconded by Ald. Grover. At Ald. Burrus’s request, Mr. Lyons explained that there is $236,000 in the Special Assessments Fund and $64,000 in issuance costs. He said the City has gone from AAA down to AA1 rating with moderate debt load, which is sustainable. The City is meeting with Fitch Rating Services to investigate having the rating changed. He said the new changes will affect the 2014 debt. He explained that later this year, the 2004 and 2005 bonds will be eligible for re-financing so the City will have less bonds outstanding. When the City’s debts are lower, we will be afforded a lower interest rate. The Committee voted unanimously 5-0 to recommend introduction of Ordinance 84-O-13, as amended. V. ITEMS FOR DISCUSSION (APW1)Bus Service Transit Routes Since Ald. Fiske had requested the discussion and she was not present, Mr. Lyons suggested deferring the discussion to the 8/22/13 meeting. The Committee agreed. VI. COMMUNICATIONS There were no communications. VII. ADJOURNMENT Ald. Holmes moved to adjourn, seconded by Ald. Burrus. The Committee voted unanimously 5-0 to adjourn. The meeting was adjourned at 6:30 p.m. Respectfully submitted, Bobbie Newman 79 of 731 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 18, 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 17, 2013 through June 30, 2013 $2,801,415.86 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – July 23, 2013 $2,857,592.18 General Fund Amount – Bills list $522,918.59 General Fund Amount – Advanced * $ 2,549.25 General Fund Amount – Supplemental list $ 0.00 General Fund Total: $525,467.84 *Advanced checks are issued prior to submission of the Bills List to the City Council for emergency purposes, to avoid penalty, or to take advantage of early payment discounts. Attachments: Bills Lists For City Council meeting of July 22, 2013 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 80 of 731 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/23/13PERIOD ENDING 00100 GENERAL ACCOUNT 100 GENERAL FUND ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 100.21680 RTA/CTA TRANSIT BENEFIT *RTA/CTA TRANSIT CARD 1,425.25 100.12180 THE NOVAK CONSULTING GROUP, INC TOWNSHIP MANAGEMENT. AUDIT 3,925.00 100.21680 CHICAGO TRANSIT AUTHORITY *RTA/CTA CHICAGO CARD 995.00 100.41340 DIGITAL SHIELD, INC.CERTIFICATION COURSE 1,800.00 100.22725 VERIZON WIRELESS (25505)COMMUNICATION CHARGES 625.96 8,771.21 1400 CITY CLERK 1400.62210 MSF GRAPHICS, INC.ORDINANCE BOOK 498.00 1400.62295 NORTHWEST MUNICIPAL CONFERENCE *OFFICIAL REGISTRATION FORM 75.00 1400.56045 INTERNATIONAL CODE COUNCIL BACK-ORDERED ITEM 585.00 1,158.00 1575 EVANSTON150 GRANTS 1575.62490 FIRST NIGHT EVANSTON SESQUICENTENNIAL CELEBRATION 10,000.00 10,000.00 1705 LEGAL ADMINISTRATION 1705.65010 WEST GROUP PAYMENT CTR FEDERAL TRIAL FULL SET 204.00 204.00 1905 ADM.SERVICES- GENERAL SUPPORT 1905.62185 ACCOUNTEMPS COLLECTIONS COORDINATOR 1,200.00 1905.62185 OFFICE TEAM ADMINISTRATIVE ASSISTANT 866.25 1905.62185 OFFICE TEAM ADMINISTRATIVE ASSISTANT 1,419.00 1905.62185 ACCOUNTEMPS COLLECTIONS COORDINATOR 1,200.00 4,685.25 1910 FINANCE DIVISION - REVENUE 1910.51600 PATEL, NILESH REFUND-PERMIT 0042 36.00 36.00 1920 FINANCE DIVISION - ACCOUNTING 1920.62110 ACCOUNTEMPS AUDIT 949.75 1920.62110 ACCOUNTEMPS ACCOUNTS PAYABLE 1,312.50 1920.62280 FEDERAL EXPRESS CORP.SHIPPING CHARGES 53.57 2,315.82 1929 HUMAN RESOURCE DIVISION 1929.62160 IL STATE POLICE PEO-RECRUITMENT 31.50 1929.62270 NORTH SHORE UNIVERSITY HEALTH PRE EMPLOYMENT TESTING 16,759.00 1929.62274 I/O SOLUTIONS, INC 2013 SERGEANT ASSESSMENT 3,430.00 1929.62512 LA PLACE, MICHAEL RECRUITMENT-CED DIRECTOR 657.14 1929.62160 LASER ASSOC., STEPHEN A.RECRUITMENT-POLICE 1,800.00 1929.62512 QUARTET COPIES FIRE FIGHTER RECRUIT BROCHURE 490.00 23,167.64 1932 INFORMATION TECHNOLOGY DIVI. 1932.62295 CALDERON, JOSE L TRAVEL EXPENSES 247.47 1932.62340 SUNGARD PUBLIC SECTOR, INC. FIELD ARREST TRAINING 10,874.00 1932.62340 SUNGARD PUBLIC SECTOR, INC. FIELD ARREST TRAINING 3,463.16 1932.64505 AT & T COMMUNICATION CHARGES 3,352.17 *Advanced Payment 181 of 731 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07/23/13 ACCOUNT NUMBER         SUPPLIER NAME                            DESCRIPTION                                                        AMOUNT     1932.64505 AT & T COMMUNICATION CHARGES 4,132.53 1932.64505 AT & T COMMUNICATION CHARGES 2,580.36 1932.64505 AT & T COMMUNICATION CHARGES 3,352.17 1932.64505 CALL ONE COMMUNICATION CHARGES-JULY 7,084.65 1932.64505 CALL ONE COMMUNICATION CHARGES-JUNE 7,355.50 42,442.01 1940 MISC. EXPENDITURES / BENEFITS 1940.62706 KAP-SUM PROPERTIES SALES TAX REV. APR2012-MAR2013 153,385.36 153,385.36 1941 PARKING ENFORCEMENT & TICKETS 1941.64540 NEXTEL COMMUNICATION CHARGES 392.61 1941.52505 HARRIS, KAREN REFUND-TICKET 22089874 35.00 427.61 1999 FINANCIAL & HUMAN RESOURCE SYSTEM 1999.65570 SCHAFER CONSULTING MILESTONE PAYMENT 18,000.00 18,000.00 2105 PLANNING & ZONING 2105.62185 PARSONS BRINCKERHOFF (FKA PB A MAIN ST TRANS-ORIENT STUDY/RTA 14,696.92 14,696.92 2120 HOUSING REHABILITATION 2120.64540 NEXTEL COMMUNICATION CHARGES 754.85 754.85 2126 BUILDING INSPECTION SERVICES 2126.62425 ELEVATOR INSPECTION SERVICE INSPECTION 80.00 2126.64540 NEXTEL COMMUNICATION CHARGES 161.95 2126.62645 MICROSYSTEMS INC.OVERSIZED DOCUMENTS 5,329.65 2126.62425 ELEVATOR INSPECTION SERVICE INSPECTION 80.00 5,651.60 2205 POLICE ADMINISTRATION 2205.64015 NICOR 632 MONTHLY CHARGES 59.62 2205.62210 THE PRINTED WORD, INC.POLICE NOTE CARDS 311.00 2205.65125 EVANSTON FUNERAL & CREMATION MEDICAL EXAMINER 590.00 2205.62270 ISAAC RAY FORENSIC GROUP, LLC. PRE-HIRE EVALUATION 415.00 2205.68205 NATIONAL AWARD SERVICES INC ENGRAVED PLATE 100.00 2205.64015 NICOR 632 MONTHLY CHARGES 187.91 1,663.53 2210 PATROL OPERATIONS 2210.65020 VCG UNIFORM UNIFORMS 131.45 2210.65020 VCG UNIFORM HELMET EMBLEM 59.85 2210.65020 VCG UNIFORM UNIFORMS 52.80 2210.65020 ARTISTIC ENGRAVING BADGES 588.50 832.60 2215 CRIMINAL INVESTIGATION 2215.65105 JP MORGAN ASSET MANAGEMENT GRAND JURY SUBPOENA 27.40 27.40 2240 POLICE RECORDS 2240.65095 OFFICE DEPOT OFFICE SUPPLIES FY13 541.62 2240.65095 OFFICE DEPOT OFFICE SUPPLIES FY13 2,437.14 2240.65095 OFFICE DEPOT OFFICE SUPPLIES FY13 728.15 *Advanced Payment 282 of 731 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/23/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2240.65095 OFFICE DEPOT OFFICE SUPPLIES FY13 599.99 2240.65095 OFFICE DEPOT OFFICE SUPPLIES FY13 682.15 2240.65095 OFFICE DEPOT OFFICE SUPPLIES FY13 249.99 5,239.04 2245 COMMUNICATIONS 2245.64540 NEXTEL COMMUNICATION CHARGES 2,121.59 2,121.59 2250 SERVICE DESK 2250.62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTION 176.00 2250.65040 LAPORT INC JANITORIAL SUPPLIES 770.30 2250.62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTION 176.00 1,122.30 2251 311 CENTER 2251.64505 AT & T MOBILITY COMMUNICATION CHARGES 36.20 36.20 2255 OFFICE-PROFESSIONAL STANDARDS 2255.61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 48.30 2255.61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 84.00 132.30 2260 OFFICE OF ADMINISTRATION 2260.62295 WRIGHT, AMANDA MEALS- RESOURCE OFFICER 36.00 2260.62295 COLLEGE OF DUPAGE EFFECTIVE COMMUNICATION CLASS 2,375.00 2,411.00 2270 TRAFFIC BUREAU 2270.65125 J. G. UNIFORMS, INC BODY ARMOR 810.00 2270.65125 NORTH SHORE TOWING TOWING 240.00 1,050.00 2280 ANIMAL CONTROL 2280.65125 HILLS PET NUTRITION PET FOOD 362.17 2280.62225 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 52.76 414.93 2285 PROBLEM SOLVING TEAM 2285.61055 RING, MARIANNE CONSULTING 1,734.00 2285.61055 RING, MARIANNE CONSULTING 816.00 2285.61055 RING, MARIANNE CONSULTING 714.00 3,264.00 2305 FIRE MGT & SUPPORT 2305.65020 CHICAGO PROTECTIVE APPAREL INC UNIFORMS 149.75 2305.65020 EVANSTON IMPRINTABLES,INC.UNIFORMS 520.66 2305.65020 EVANSTON IMPRINTABLES,INC.UNIFORMS 362.00 2305.65020 ILLINOIS FIRE STORE GLOVES 1,078.95 2305.64540 NEXTEL COMMUNICATION CHARGES 456.24 2305.64015 NICOR 0632 MONTHLY CHARGES 202.02 2305.64015 NICOR 0632 MONTHLY CHARGES 148.93 2305.64015 NICOR 0632 MONTHLY CHARGES 159.58 2305.64015 NICOR 0632 MONTHLY CHARGES 207.62 *Advanced Payment 383 of 731 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/23/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2305.64015 NICOR 0632 MONTHLY CHARGES 187.90 3,473.65 2315 FIRE SUPPRESSION 2315.65095 OFFICE DEPOT OFFICE SUPPLIES FY 13 BU 2315 253.29 2315.62295 MALLOY, SEAN E.LICENSE RENEWAL 41.75 2315.62295 MALLOY, SEAN E.PEER FITNESS TRAINER CERT 580.74 2315.53675 ANDRES MEDICAL BILLING MAY CHARGES 5,467.94 6,343.72 2435 FOOD AND ENVIRONMENTAL HEALTH 2435.65075 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 54.00 2435.62477 OFFICE DEPOT EMERGENCY RESPONSE OFFICE 137.55 2435.62477 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 23.13 2435.65121 INFORMATICS HOLDINGS DBA WASP SCANNER-LABEL PRINTER 872.50 2435.64540 NEXTEL COMMUNICATION CHARGES 216.85 2435.62476 FEDHEALTH BOOKS 445.00 2435.62477 NEXTEL COMMUNICATION CHARGES 61.84 1,810.87 2460 COMMUNITY PURCHASED SERVICES 2460.67090 CHILD CARE CENTER OF EVANSTON CHILD CARE CENTER 5,625.00 2460.67110 CONNECTIONS FOR THE HOMELESS CONNECTIONS FOR THE HOMELESS 3,313.50 2460.67050 JAMES B. MORAN CENTER FOR YOUT GRANT QUARTER 2 6,250.00 15,188.50 2605 DIRECTOR OF PUBLIC WORKS 2605.64540 NEXTEL COMMUNICATION CHARGES 58.44 2605.62210 QUARTET COPIES EVANSTON RECYCLING POSTER 156.00 214.44 2610 MUNICIPAL SERVICE CENTER 2610.65020 SILK SCREEN EXPRESS, INC.FY2013 AFSCME UNIFORM PURCHASE 2,877.50 2610.64015 NICOR 0632 MONTHLY CHARGES 528.41 2610.64005 COMED MONTHLY CHARGES 137.89 2610.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 65.46 2610.65020 SILK SCREEN EXPRESS, INC.FY2013 AFSCME UNIFORM PURCHASE 347.50 2610.65020 SILK SCREEN EXPRESS, INC.FY2013 AFSCME UNIFORM PURCHASE 353.00 2610.65020 SILK SCREEN EXPRESS, INC.FY2013 AFSCME UNIFORM PURCHASE 119.50 2610.64015 NICOR 0632 MONTHLY CHARGES 167.11 2610.65020 SILK SCREEN EXPRESS, INC.FY2013 AFSCME UNIFORM PURCHASE 2,235.75 2610.62225 SMITHEREEN PEST MANAGEMENT SER PEST MANAGEMENT SERVICES 93.00 2610.62440 METRO DOOR AND DOCK, INC.OVERHEAD DOOR MAINT.5,500.00 2610.62440 METRO DOOR AND DOCK, INC.OVERHEAD DOOR MAINT.616.92 13,042.04 2625 ENGINEERING 2625.65095 OFFICE DEPOT FY2013 OFFICE SUPPLIES 38.63 2625.62235 MASTER GRAPHICS INK CARTRIDGE 2,391.96 2625.62280 FEDERAL EXPRESS CORP.SHIPPING CHARGES 59.52 2,490.11 2640 TRAF. SIG. & ST. LIGHT. MAINT 2640.64008 COMED MONTHLY CHARGES 29.35 *Advanced Payment 484 of 731 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/23/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2640.64006 COMED MONTHLY CHARGES 9,803.08 2640.64006 COMED MONTHLY CHARGES 15.62 2640.64007 COMED MONTHLY CHARGES 6,272.54 2640.64006 COMED MONTHLY CHARGES 454.29 2640.64008 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 33.14 2640.64006 COMED MONTHLY CHARGES 53.15 2640.64006 COMED MONTHLY CHARGES 344.15 2640.64008 COMED MONTHLY CHARGES 42.45 2640.64008 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 32.78 17,080.55 2665 STREETS AND SANITATION ADMINIS 2665.65095 OFFICE DEPOT FY2013 OFFICE SUPPLIES 51.50 2665.64540 NEXTEL COMMUNICATION CHARGES 1,442.57 1,494.07 2670 STREET AND ALLEY MAINTENANCE 2670.62415 KLF TRUCKING DEBRIS HAULING 1,100.00 2670.65055 HEALY ASPHALT FY2013 ASPHALT PURCHASE 305.24 2670.65115 VULCAN INC.PURCHASE TRAFFIC SIGN FACES 8,131.00 2670.65115 TRAFFIC CONTROL & PROTECTION, TRAFFIC CONTROL CUSTER FAIR 2,700.00 2670.65115 ARTS & LETTERS LTD.HONORARY STREET SIGN 334.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2013 CONCRETE PURCHASE 900.00 2670.62295 NORTHEASTERN ILLINOIS PUBLIC TRAINING 150.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2013 CONCRETE PURCHASE 702.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2013 CONCRETE PURCHASE 426.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2013 CONCRETE PURCHASE 544.00 15,292.24 3005 REC. MGMT. & GENERAL SUPPORT 3005.64540 NEXTEL COMMUNICATION CHARGES 58.44 58.44 3010 REC. BUS. & FISCAL MGMT 3010.65095 OFFICE DEPOT OFFICE SUPPLIES 71.96 3010.62705 PLUG & PAY TECHNOLOGIES ONLINE MERCHANT ACCOUNT 15.50 3010.62705 PLUG & PAY TECHNOLOGIES ONLINE MERCHANT ACCOUNT 95.00 182.46 3020 RECREATION GENERAL SUPPORT 3020.62490 GREEN ACRES LINK REIMBURSE 30.00 3020.62490 HENRY'S FARM LINK REIMBURSE 233.00 3020.62490 J.W. MORLOCK AND GIRLS LINK REIMBURSE 62.00 3020.62490 K & K FARM'S LINK REIMBURSE 41.00 3020.62490 K.V. STOVER AND SON LINK REIMBURSE 132.00 3020.62490 KINNIKINNICK FARM LINK REIMBURSE 42.00 3020.62490 LAKE BREEZE ORGANICS LINK REIMBURSE 88.00 3020.62490 LYON'S FARM LINK REIMBURSE 43.00 3020.62490 NICHOLS FARM & ORCHARD LINK REIMBURSE 66.00 3020.62490 NOFFKE FAMILY FARM LINK REIMBURSE 109.00 3020.62490 OLD TOWN OIL LINK REIMBURSE 56.00 3020.62490 SEEDLING LINK REIMBURSE 61.00 3020.62490 SMITS FARMS LINK REIMBURSE 34.00 *Advanced Payment 585 of 731 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/23/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3020.62490 TERESA'S FRUIT AND HERBS LINK REIMBURSE 33.00 3020.65125 VERMONT SYSTEMS INC STAR TSP143UII PRINTERS 795.00 3020.65125 VERMONT SYSTEMS INC MMF ADVANTAGE 350.00 3020.65125 VERMONT SYSTEMS INC TOUCHSCREEN MONITORS 1,250.00 3020.65125 VERMONT SYSTEMS INC SCREEN PROTECTORS 36.00 3020.65125 VERMONT SYSTEMS INC MAGSTRIPE READERS 3,600.00 3020.65125 VERMONT SYSTEMS INC SHIPPING 113.80 3020.64540 NEXTEL COMMUNICATION CHARGES 58.44 3020.62490 FIRST, JON LINK REIMBURSE 83.00 3020.62490 D & H FARMS LINK REIMBURSE 94.00 3020.62490 DEFLOURED LLC LINK REIMBURSE 30.00 3020.62490 ELKO'S PRODUCE AND GREENHOUSE LINK REIMBURSE 45.00 3020.62490 FROSTY PRODUCTION LINK REIMBURSE 37.00 3020.62490 GENEVA LAKES PRODUCE LINK REIMBURSE 63.00 7,585.24 3025 PARK UTILITIES 3025.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 1,303.07 3025.64005 COMED MONTHLY CHARGES 36.17 3025.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 1,538.86 3025.64015 NICOR 0632 MONTHLY CHARGES 26.83 3025.64005 COMED MONTHLY CHARGES 50.81 3025.64015 NICOR 063 MONTHLY CHARGES 48.98 3025.64005 COMED MONTHLY CHARGES 21.90 3025.64005 COMED MONTHLY CHARGES 24.98 3025.64005 COMED MONTHLY CHARGES 40.80 3025.64005 COMED MONTHLY CHARGES 117.29 3025.64015 NICOR 0632 MONTHLY CHARGES 56.17 3025.64015 NICOR 0632 MONTHLY CHARGES 63.16 3025.64005 COMED MONTHLY CHARGES 5.37 3025.64005 COMED MONTHLY CHARGES 42.27 3025.64005 COMED MONTHLY CHARGES 20.15 3025.64005 COMED MONTHLY CHARGES 83.62 3025.64005 COMED MONTHLY CHARGES 22.67 3025.64005 COMED MONTHLY CHARGES 20.11 3025.64005 COMED MONTHLY CHARGES 87.57 3025.64005 COMED MONTHLY CHARGES 32.46 3025.64005 COMED MONTHLY CHARGES 237.34 3025.64005 COMED MONTHLY CHARGES 84.94 3025.64005 COMED MONTHLY CHARGES 63.98 3025.64005 COMED MONTHLY CHARGES 56.72 3025.64005 COMED MONTHLY CHARGES 412.72 3025.64005 COMED MONTHLY CHARGES 210.03 3025.64005 COMED MONTHLY CHARGES 94.16 3025.64015 NICOR 0632 MONTHLY CHARGES 36.87 4,850.00 3030 CROWN COMMUNITY CENTER 3030.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 2,529.65 3030.62507 BRUNSWICK ZONE NILES CAMP FIELD TRIP 6/28 335.00 3030.64015 NICOR 0632 MONTHLY CHARGES 345.55 *Advanced Payment 686 of 731 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/23/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3030.62507 BRUNSWICK ZONE NILES CAMP FIELD TRIP 7/1 578.84 3030.64015 NICOR 0632 MONTHLY CHARGES 115.18 3030.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 2,753.51 6,657.73 3035 CHANDLER COMMUNITY CENTER 3035.64540 NEXTEL COMMUNICATION CHARGES 83.33 3035.65095 OFFICE DEPOT OFFICE SUPPLIES 122.47 3035.62507 LASER QUEST SPORTS CAMP FIELD TRIP 6/28 378.00 3035.62507 LASER QUEST SPORTS CAMP FIELD TRIP 6/27 273.00 3035.62507 LASER QUEST SPORTS CAMP FIELD TRIP 7/3 399.00 3035.62507 PAR-KING NORTH SPORTS CAMP FIELD TRIP 7/2 152.00 3035.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 1,119.39 3035.62505 SPORTS ENDEAVORS, INC VOLLEYBALL INSTRUCTION 3,748.50 3035.62505 3 POINT ATHLETICS YOUTH BASKETBALL INSTRUCTION 163.50 3035.62507 PAR-KING NORTH SPORTS CAMP FIELD TRIP 7/10 250.00 3035.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 1,054.89 3035.64015 NICOR 0632 MONTHLY CHARGES 136.96 3035.62507 CLASSIC BOWL SPORTS CAMP FIELD TRIP 7/1 228.00 8,109.04 3040 FLEETWOOD JOURDAIN COM CT 3040.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 6/19, 24, 26 1,584.00 3040.65080 COCA-COLA ENTERPRISES LAKESHORE VENDING RESALE 942.24 3040.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 41.00 3040.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 41.00 3040.65110 CINTAS #769 FLEETWOOD MAT SERVICE 153.64 3040.65095 ILLINOIS PAPER COMPANY OFFICE PAPER BLANKET PO 2013 85.70 3040.65025 CATHOLIC CHARITIES OF CHICAGO SENIOR CONGREGATE MEAL 683.20 3040.65110 IDENTITY CUSTOM IMPRINTED SPORT CAMPER AND STAFF SHIRTS 1,325.00 3040.65110 IDENTITY CUSTOM IMPRINTED SPORT CAMPER AND STAFF SHIRTS 52.00 3040.65040 LAPORT INC JANITORIAL SUPPLIES 252.42 3040.65095 OFFICE DEPOT OFFICE SUPPLIES 660.52 3040.65040 LAPORT INC JANITORIAL SUPPLIES 47.98 3040.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 2,672.57 3040.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 2,254.36 3040.64540 NEXTEL COMMUNICATION CHARGES 146.08 3040.64015 NICOR 0632 MONTHLY CHARGES 210.13 11,151.84 3045 FLEETWOOD/JOURDAIN THEATR 3045.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 6/27 231.00 3045.62511 FORELLA, JESSICA STAGE MNGR ST IVES/WOZA ALBERT 800.00 3045.62511 STEELE, JUDY LEA PERFORMER STIPEND ST IVES 195.00 3045.62511 JOY, EBONY PERFORMER STIPEND WOZA ALBERT 350.00 3045.62511 GOODING, JARED LIGHTING DESIGN WOZA ALBERT 320.00 3045.62511 LAMONA, ELISABETH COSTUME DESIGN FJ THEATER 320.00 3045.65095 OFFICE DEPOT OFFICE SUPPLIES 95.43 3045.62511 FIELDS, ARMAND PERFORMER STIPEND WOZA ALBERT 350.00 3045.62490 MUSE OF FIRE THEATRE COMPANY TAMING SHREW DESIGN/PROPS/COS 625.00 3045.62210 QUARTET COPIES THEATER PROGRAM 12.00 3045.62210 QUARTET COPIES TICKET PRINTING SUMMER PERFORM 219.62 *Advanced Payment 787 of 731 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/23/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3045.62511 ROSENBERG, MARLENE MUSICAL COMPOSER FJT FORCOLOR 280.00 3,798.05 3050 RECREATION OUTREACH PROGRAM 3050.65095 OFFICE DEPOT OFFICE SUPPLIES 372.69 3050.65025 OPEN KITCHENS SUMMER FOOD PROGRAM 2013 15,523.81 3050.62210 HOME CITY ICE COMPANY ICE FOR SUMMER FOOD PROGRAM 75.00 3050.62210 HOME CITY ICE COMPANY ICE FOR SUMMER FOOD PROGRAM 145.00 3050.62210 HOME CITY ICE COMPANY ICE FOR SUMMER FOOD PROGRAM 159.00 3050.62210 HOME CITY ICE COMPANY ICE FOR SUMMER FOOD PROGRAM 159.00 3050.62210 HOME CITY ICE COMPANY ICE FOR SUMMER FOOD PROGRAM 92.50 3050.62210 HOME CITY ICE COMPANY ICE FOR SUMMER FOOD PROGRAM 127.50 3050.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 33.33 3050.62511 MUSE OF FIRE THEATRE COMPANY TAMING SHREW DESIGN/PROPS/COS 625.00 17,312.83 3055 LEVY CENTER SENIOR SERVICES 3055.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 4,438.48 3055.56045 ILLINOIS DEPT OF REVENUE *SALES TAX JUNE 2013 54.00 3055.64015 NICOR 0632 MONTHLY CHARGES 264.49 3055.64540 NEXTEL COMMUNICATION CHARGES 27.59 3055.65095 ILLINOIS PAPER COMPANY OFFICE PAPER 2013 191.00 3055.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 3,646.66 8,622.22 3080 BEACHES 3080.65125 WILMETTE HARBOR ASSOCIATION INC. FUEL 763.30 3080.64540 NEXTEL COMMUNICATION CHARGES 79.18 3080.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 146.25 3080.64015 NICOR 0632 MONTHLY CHARGES 25.24 3080.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 75.92 1,089.89 3085 RECREATION FACILITY MAINT 3085.64540 NEXTEL COMMUNICATION CHARGES 83.63 83.63 3095 CROWN ICE RINK 3095.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 8,260.54 3095.62507 BRUNSWICK ZONE NILES FIELD TRIP BUS 7/8 124.75 3095.65040 LAPORT INC JANITORIAL SUPPLIES 687.87 3095.65040 LAPORT INC JANITORIAL SUPPLIES 22.00 3095.62495 ANDERSON PEST CONTROL PEST CONTROL 2013 79.00 3095.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 7,588.94 3095.64540 NEXTEL COMMUNICATION CHARGES 177.95 3095.62245 JORSON & CARLSON BLADE SHARPENING 35.49 3095.62245 JORSON & CARLSON BLADE SHARPENING 32.97 17,009.51 3110 TENNIS 3110.62505 E-TOWN TENNIS INSTRUCTION TENNIS PROGRAMS 11,874.80 11,874.80 3130 SPECIAL RECREATION *Advanced Payment 888 of 731 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/23/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3130.64540 NEXTEL COMMUNICATION CHARGES 166.60 166.60 3140 BUS PROGRAM 3140.64540 NEXTEL COMMUNICATION CHARGES 27.59 27.59 3150 PARK SERVICE UNIT 3150.64540 NEXTEL COMMUNICATION CHARGES 56.55 56.55 3155 GOLF 3155.62505 3 POINT ATHLETIC YOUTH GOLF INSTRUCTION 1,342.90 1,342.90 3215 YOUTH ENGAGEMENT DIVISION 3215.65020 EVANSTON IMPRINTABLES,INC.MSYEP TSHIRT COMM SERVICE TEAM 722.65 3215.65020 HY-TEST SAFETY SHOE SERVICE MSYEP SHOES COMM SERVICE TEAM 1,438.00 2,160.65 3505 PARKS & FORESTRY GENERAL SUP 3505.64540 NEXTEL COMMUNICATION CHARGES 653.32 653.32 3510 HORTICULTURAL MAINTENANCE 3510.65070 REINDERS, INC.CABLE BREAK 56.22 3510.62195 LANDSCAPE CONCEPTS MANAGEMENT, MAIN STREETSCAPE 2013 518.00 3510.62199 NATIONAL AWARD SERVICES INC ENGRAVED PLATE 80.00 3510.65070 REINDERS, INC.TUB-HOC 225.87 3510.62195 LANDSCAPE CONCEPTS MANAGEMENT, HOWARD STREETSCAPE 2013 532.00 3510.65070 REINDERS, INC.DOOR GLASS KIT 929.39 2,341.48 3520 DUTCH ELM DISEASE CONTROL 3520.62385 PRINTABLE PROMOTIONS EVOLVE COFFEE MUGS 646.30 3520.62385 PRINTABLE PROMOTIONS ECOAD COFFEE MUGS 731.24 1,377.54 3605 ECOLOGY CENTER 3605.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 60.72 3605.64005 COMED MONTHLY CHARGES 28.05 3605.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 380.66 469.43 3610 ECO-QUEST DAY CAMP 3610.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 6/25 198.00 3610.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 6/26 242.00 3610.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 6/25 231.00 3610.64540 NEXTEL COMMUNICATION CHARGES 55.18 3610.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 6/25 253.00 979.18 3700 ARTS COUNCIL 3700.62665 EVANSTON ESCOLA DE SAMBA 2013 CULTURAL GRANT AGREEMENT 800.00 800.00 3710 NOYES CULTURAL ARTS CTR *Advanced Payment 989 of 731 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/23/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3710.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 35.58 3710.65095 OFFICE DEPOT OFFICE SUPPLIES 53.69 3710.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 1,273.50 3710.64540 NEXTEL COMMUNICATION CHARGES 232.35 3710.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 1,530.91 3710.64015 NICOR 0632 MONTHLY CHARGES 226.19 3710.62518 ALARM DETECTION SYSTEMS, INC. SECURITY SYSTEM 649.56 3710.65110 CHICAGO SPOTLIGHT EQUIPMENT RENTAL 1,400.00 3710.62225 HENRICHSEN FIRE & SAFETY FIRE EXTINGUISHER RECHARGE 370.65 3710.65040 LAPORT INC JANITORIAL SUPPLIES 119.40 5,891.83 3720 CULTURAL ARTS PROGRAMS 3720.62500 HEWITT, PAUL SOUND SYSTEM & ENGINEER 2,250.00 3720.62511 MCKINNEY, MICHELE Y ETHNIC ARTS FEST SUPPORT/TECH 100.00 3720.62511 SHERRY, RICHARD LKSHRE ARTS FEST PERFORMANCE 500.00 3720.62490 NATIONAL AWARD SERVICES INC BEST IN CATEGORY AWARDS 80.22 3720.62509 ROYSTER, NADINE ETHNIC ARTS FEST FAMILY ARTS 350.00 3720.62210 ALLEGRA PRINT & IMAGING LKSHRE/ETHNICFEST BANNER PATCH 367.00 3720.65095 OFFICE DEPOT OFFICE SUPPLIES 177.06 3720.65020 UNDERGROUND PRINTING TSHIRTS CAMP PROGRAMS 367.20 3720.62511 REDMOND, GUS STARLIGHT CONCERT 7/16 HARBERT 1,200.00 3720.62509 BROWN, JANICE FACE PAINTING LKSHR ART FEST 375.00 3720.62511 PONTICELLI MUSIC LKESHRE ARTS FEST PERFORMANCE 1,000.00 3720.62511 MIXON, DONOVAN LKSHRE ARTS FEST PERFORMANCE 300.00 3720.62490 SARA POOLEY PHOTOGRAPHY ARTIST JUROR LKSHR ART FEST 75.00 3720.62509 BODHI TREE MEHNDI MEHNDI FAMILY ART LKSHR/ETHNIC 750.00 3720.62511 PROWLERS MUSIC, INC.LAKESHORE ARTS PERFORMANCE 800.00 3720.62511 HATTIS, CYNTHIA LAKESHORE ARTS PERFORMANCE 350.00 3720.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 6/19 6/27 924.00 3720.62511 UNNATIZART, INC.HENNA ARTIST ARTS CAMP 7/20 250.00 3720.62509 MARDER, LAURIE TIE DYE WKSHP ETHNIC ARTS FEST 180.00 3720.62511 THE 4 ON THE FLOOR CONCERT PERFORMER 7/18/13 1,600.00 3720.62511 LABEFF, THOMAS DBA SLEEPY LABE CONCERT PERFORMER 7/2/13 1,800.00 3720.62509 STEWART, CHARLES JR.COORDINATOR ETHNIC/LKSHR FESTS 400.00 3720.62511 IRISH MUSIC SCHOOL OF CHICAGO ETHNIC ARTS FEST PERFORMANCE 500.00 3720.62509 BURNS, EILEEN M.LAKESHORE ARTS CHILD TENT 300.00 14,995.48 3805 FACILITIES ADMINISTRATION 3805.62376 NICOR 0632 MONTHLY CHARGES 1,120.08 3805.64540 NEXTEL COMMUNICATION CHARGES 51.67 3805.62376 COMED MONTHLY CHARGES 2.76 1,174.51 3806 CIVIC CENTER SERVICES 3806.64540 NEXTEL COMMUNICATION CHARGES 47.27 3806.64005 COMED MONTHLY CHARGES 1,469.00 3806.62225 ANDERSON PEST CONTROL PEST CONTROL 464.20 3806.64015 NICOR 0632 MONTHLY CHARGES 302.24 3806.62245 TYCO VALVES & CONTROLS FIRE ALARM SYSTEM SERVICE 5,077.00 3806.64015 NICOR 0632 MONTHLY CHARGES 290.15 *Advanced Payment 1090 of 731 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/23/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3806.62225 MARK VEND COMPANY CIVIC CENTER CONDIMENTS 287.47 3806.62225 DUSTCATCHERS, INC. FLOOR MAT SERVICE 229.00 8,166.33 3807 CONSTRUCTION AND REPAIRS 3807.62509 SIEMENS BLDG TECHNOLOGIES BAS AGREEMENT 3,753.50 3807.65050 CHEMSEARCH FIRE #3 DRAIN MAINTAINER 140.00 3807.62225 DOOR SYSTEMS, INC FIRE #5 OVERHEAD DOOR MAINT. 306.40 3807.65050 UNITED STATES FIRE PROTECTION FIRE #3 EMERGENCY REPAIR 1,398.79 3807.64540 NEXTEL COMMUNICATION CHARGES 438.73 6,037.42 525,467.84 00205 EMERGENCY TELEPHONE SYSTEM 5150 EMERGENCY TELEPHONE SYSTM 5150.64540 NEXTEL COMMUNICATION CHARGES 1,600.67 5150.62509 WORD SYSTEMS INC NICE INFORM-LITE MONITOR 600.00 5150.65085 MOTOROLA SOLUTIONS, INC.COMMUNICATION CHARGES 1,496.38 5150.65085 CHICAGO COMMUNICATIONS, LLC. ANTENNA REPLACEMENT 108.84 5150.64505 AT & T 8100 COMMUNICATION CHARGES 477.07 5150.64505 AT & T COMMUNICATION CHARGES 5,403.69 5150.64505 AT & T COMMUNICATION CHARGES 5,475.42 5150.64505 AT & T COMMUNICATION CHARGES 5,458.39 5150.64540 VERIZON WIRELESS (25505)COMMUNICATION CHARGES 2,774.73 5150.62509 WORD SYSTEMS INC NICE INFORM-LITE SERV LICENSE 1,000.00 5150.62509 WORD SYSTEMS INC NICE INFORM-LITE RECONSTRUCTION 1,060.00 5150.62509 WORD SYSTEMS INC NICE INFORM-LITE VERIFY 1,500.00 5150.62509 SIEMENS BLDG TECHNOLOGIES BAS AGREEMENT 2,502.00 5150.62509 WORD SYSTEMS INC NICE SOFTWARE ASSURANCE FIRST 291.00 5150.62509 WORD SYSTEMS INC MS SQL 2008 R2 64 BIT SERVER 1,200.00 5150.62509 WORD SYSTEMS INC INSTALLATION AND TRAINING 1,130.20 5150.62509 WORD SYSTEMS INC WARRANTY COVERAGE 1,224.00 5150.62509 WORD SYSTEMS INC PROMOTIONAL DISCOUNT 735.00- 5150.64505 AT & T COMMUNICATION CHARGES 5,488.19 38,055.58 38,055.58 00215 CDBG FUND 5205 TARGETED CODE ENFORCEMENT 5205.62770 ABG SERVICES, INC.WOOD OPENING 160.00 5205.62770 ABG SERVICES, INC.WOOD OPENING 220.00 5205.62770 TEPIC LANDSCAPING, INC.CLEAN UP-1513 GREENLEAF 1,250.00 1,630.00 1,630.00 *Advanced Payment 1191 of 731 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/23/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 00220 CD LOAN FUND 5280 CD LOAN 5280.65535.WNRSA VALUE REMODELING INC CASE SF1 017-12 1314 FOWLER 500.00 500.00 500.00 00225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 5300.62136 PARSONS BRINCKERHOFF MAIN ST TRANS-ORIENT STUDY/RTA 3,674.23 5300.62659 CHICAGO'S NORTH SHORE CONVENTION SEMI ANNUAL CONTRIBUTIO 32,782.00 5300.62630 RETAIL LEASE TRAC, INC ILLINOIS ONLINE 877.50 37,333.73 37,333.73 00330 HOWARD RIDGE TIF 5860 HOWARD RIDGE TIF 5860.64015 NICOR 0632 MONTHLY CHARGES 147.28 5860.65515 CORRIGAN & FRERES ELECTRIC CO WIRING FOR LIGHT AND POWER 12,950.00 5860.64015 NICOR 0632 MONTHLY CHARGES 24.49 13,121.77 13,121.77 00415 CAPITAL IMPROVEMENTS FUND 415414 LAKEFRONT-LAGOON AREA IMPROV 415414.62135 KETTELKAMP & KETTELKAMP LANDSC CENTENNIAL PARK LAGOON 12,482.20 12,482.20 415826 FIRE STATION #4 REHAB 415826.65510 O'HARA CONSTRUCTION PROVIDE INTERIOR RENOVATIONS 54,575.66 54,575.66 415857 STREET RESURFACING 415857.65515 GLENBROOK EXCAVATING & CONCRETE CENTRAL ST 306,115.41 306,115.41 415885 BRIDGE REHAB PROGRAM 415885.65515 ALFRED BENESCH & COMPANY BRIDGE STREET BRIDGE PROJECT 4,533.65 415885.65515 ALFRED BENESCH & COMPANY BRIDGE PHASE II ENGINEERING 9,282.32 13,815.97 415921 CITY PAVEMENT EVALUATION 415921.65515 IMS INFRASTRUCTURE MANAGEMENT PAVEMENT CONDITION EVALUATION 22,176.55 415921.65515 IMS INFRASTRUCTURE MANAGEMENT PAVEMENT CONDITION EVALUATION 11,702.16 33,878.71 420,867.95 00505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 7005.64540 NEXTEL COMMUNICATION CHARGES 283.66 7005.53140 PATEL, NILESH REFUND-PERMIT 0042 114.00 397.66 *Advanced Payment 1292 of 731 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/23/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7015 PARKING LOTS & METERS 7015.53510 COOK COUNTY COLLECTOR *PARKING TAX JUNE 2013 240.00 240.00 7025 CHURCH STREET GARAGE 7025.53515 YANG, SIMON ACCESS CARD REFUND 25.00 7025.53515 PROROK, CHRISTINE ACCESS CARD REFUND 25.00 7025.53515 SACHS, JEFF ACCESS CARD REFUND 25.00 7025.53500 COOK COUNTY COLLECTOR *PARKING TAX JUNE 2013 3,004.25 7025.53515 WALSH, GREG ACCESS CARD REFUND 25.00 7025.53515 SMITH, CORINNE ACCESS CARD REFUND 25.00 7025.53515 WECKER, AMY ACCESS CARD REFUND 25.00 7025.53515 MOORE, JENNIFER ACCESS CARD REFUND 25.00 7025.53515 FRIEDMAN, JEREMY ACCESS CARD REFUND 25.00 7025.53515 BEDELL, KEVIN ACCESS CARD REFUND 25.00 7025.53515 BERTHOUMIEUX, PASCAL ACCESS CARD REFUND 25.00 7025.53515 WHITE, JUSTIN ACCESS CARD REFUND 25.00 7025.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 3,582.04 7025.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 2,779.85 7025.64505 CALL ONE COMMUNICATION CHARGES-JULY 1,110.10 7025.64505 CALL ONE COMMUNICATION CHARGES-JUNE 1,061.00 11,812.24 7036 SHERMAN GARAGE 7036.53500 COOK COUNTY COLLECTOR *PARKING TAX JUNE 2013 4,275.75 7036.64505 AT & T COMMUNICATION CHARGES 113.15 7036.64505 AT & T COMMUNICATION CHARGES 111.54 7036.64505 AT & T COMMUNICATION CHARGES 114.84 7036.64505 AT & T COMMUNICATION CHARGES 117.78 7036.53515 DUCH, DAMIAN ACCESS CARD REFUND 25.00 7036.64505 CALL ONE COMMUNICATION CHARGES-JUNE 1,954.41 7036.53515 PERLMUTER, ROBERT ACCESS CARD REFUND 25.00 7036.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 5,352.40 7036.53515 LEHMANN, DOUGLAS ACCESS CARD REFUND 25.00 7036.53515 HOU, ZHENYU ACCESS CARD REFUND 25.00 7036.64505 CALL ONE COMMUNICATION CHARGES-JULY 1,990.38 7036.53515 FLAT TOP GRILL ACCESS CARD REFUND 25.00 7036.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 7,252.47 21,407.72 7037 MAPLE GARAGE 7037.53500 COOK COUNTY COLLECTOR *PARKING TAX JUNE 2013 2,957.00 7037.53510 COOK COUNTY COLLECTOR *PARKING TAX JUNE 2013 440.00 7037.64505 CALL ONE COMMUNICATION CHARGES-JUNE 1,381.96 7037.64505 CALL ONE COMMUNICATION CHARGES-JULY 1,393.56 7037.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 5,168.78 7037.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 6,516.64 7037.53515 BECK, ANDREAS ACCESS CARD REFUND 125.00 7037.53515 PAK, SEMEE (ESTHER)ACCESS CARD REFUND 25.00 7037.53515 WILSON, CHRISTIAN GOSSIN ACCESS CARD REFUND 25.00 7037.53515 ISHO, NATALIE ACCESS CARD REFUND 25.00 7037.53515 CHAUHAN, NIHARIKA ACCESS CARD REFUND 25.00 *Advanced Payment 1393 of 731 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/23/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7037.53515 KIM, MICHAEL ACCESS CARD REFUND 25.00 18,107.94 700514 PARKING LOT 4 IMPR 700514.65515 CHICAGOLAND PAVING CONTRACTORS CENTRAL PARKING LOT PROJECT 215,681.70 215,681.70 267,647.26 00510 WATER FUND 510 WATER FUND 510.22700 TURNER, LINDA REFUND-ACCOUNT 03312160-00 259.76 259.76 7100 WATER GENERAL SUPPORT 7100.65105 EVANSTON BLUE PRINT CO., INC.WATER TREATMENT PLANT 37.00 7100.56140 ILLINOIS DEPT OF REVENUE *SALES TAX JUNE 2013 1,654.00 7100.53575 FEDERAL EXPRESS CORP.SHIPPING CHARGES 86.32 7100.62315 FEDERAL EXPRESS CORP.SHIPPING CHARGES 43.73 7100.53575 FEDERAL EXPRESS CORP.SHIPPING CHARGES 21.58 7100.64540 NEXTEL COMMUNICATION CHARGES 209.46 2,052.09 7105 PUMPING 7105.64540 NEXTEL COMMUNICATION CHARGES 175.84 7105.64015 NICOR 0632 MONTHLY CHARGES 781.54 7105.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 71,293.46 7105.64505 CALL ONE COMMUNICATION CHARGES-JULY 202.49 7105.64505 CALL ONE COMMUNICATION CHARGES-JUNE 200.45 7105.64005 CONSTELLATION NEW ENERGY, INC. MONTHLY CHARGES 50,529.54 123,183.32 7110 FILTRATION 7110.64540 NEXTEL COMMUNICATION CHARGES 172.61 7110.65015 ALEXANDER CHEMICAL CORPORATION LIQUID CHLORINE -TON CONTAINER 2,920.00 3,092.61 7115 DISTRIBUTION 7115.65055 MID AMERICAN WATER OF WAUCONDA 4" DUCTILE IRON PIPE-CLASS 52 243.60 7115.64540 NEXTEL COMMUNICATION CHARGES 343.65 7115.65055 MID AMERICAN WATER OF WAUCONDA 8" DUCTILE IRON PIPE-CLASS 52 1,096.80 7115.65055 MID AMERICAN WATER OF WAUCONDA 6" DUCTILE IRON PIPE -CLASS 52 1,337.00 3,021.05 7120 WATER METER MAINTENANCE 7120.64540 NEXTEL COMMUNICATION CHARGES 121.88- 121.88- 7125 OTHER OPERATIONS 7125.62180 COMED MONTHLY CHARGES 86.00 86.00 131,572.95 00513 WATER-DEPR, IMPROV & EXTENSION 733086 2008 WATER MAIN INSTALLATION 733086.65515 GLENBROOK EXCAVATING & CONCRETE CENTRAL ST 230,207.04 *Advanced Payment 1494 of 731 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/23/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 733086.65515 BOLDER CONTRACTORS, INC.DAVIS STREET PROJECT 442,903.50 673,110.54 733101 NEW AMR REPLACEMENT PROGRAM 733101.65155 WATER RESOURCES AUTOMATIC METER INFORMATION 109,737.00 109,737.00 733105 NEW MASTER METER REPLACEMNT 733105.62140 EVANSTON BLUE PRINT CO., INC.WATER SYSTEM 929.00 929.00 733108 ROOF-WATER TREATMENT FACILITY 733108.62140 KIPNIS ARCHITECTURE & PLANNING ARCHITECTURAL SERVICES 1,952.50 1,952.50 785,729.04 00515 SEWER FUND 7400 SEWER MAINTENANCE 7400.64540 NEXTEL COMMUNICATION CHARGES 262.86 7400.62461 C.T.R. SYSTEMS 2013 CIPP SPOT LINE SEWER 32,130.00 32,392.86 7410 SEWER OTHER OPERATIONS 7410.62421 ILLINOIS ENVIRONMENTAL PROTECT ANNUAL NPDES PERMIT 20,000.00 7410.62421 ILLINOIS ENVIRONMENTAL PROTECT STORM SEWER ANNUAL 1,000.00 21,000.00 53,392.86 00520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 7685.56155 ILLINOIS DEPT OF REVENUE *SALES TAX JUNE 2013 431.00 7685.62415 GROOT RECYCLING & WASTE SERVIC FY2013 RESIDENTIAL REFUSE COLL 135,467.00 7685.68310 WELLS FARGO BANK- SWANCC FY2013 CAPITAL COST SWANCC 3,627.92 7685.62405 WELLS FARGO BANK- SWANCC FY2013 OPERATIONS & MGMT SWANN 73,568.46 213,094.38 7690 RESIDENTIAL RECYCLING COL 7690.64015 NICOR 0632 MONTHLY CHARGES 149.14 7690.64005 COMED MONTHLY CHARGES 140.49 289.63 7695 YARD WASTE COLLECTION 7695.62415 GROOT RECYCLING & WASTE SERVIC FY 2013 YARD WASTE COLLECTION 69,204.00 69,204.00 282,588.01 00600 FLEET SERVICES 7705 GENERAL SUPPORT 7705.62360 NAFA CHICAGO CHAPTER ANNUAL DUES 475.00 7705.64505 CALL ONE COMMUNICATION CHARGES-JULY 454.28 7705.64505 CALL ONE COMMUNICATION CHARGES-JUNE 378.99 7705.64540 NEXTEL COMMUNICATION CHARGES 101.79 1,410.06 7710 MAJOR MAINTENANCE *Advanced Payment 1595 of 731 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/23/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.62240 METRO TANK AND PUMP COMPANY FUEL DISPENSER REPAIR #7 262.50 7710.65060 P & G KEENE ELECTRICAL R5 STARTER #313 326.80 7710.65060 PATTEN INDUSTRIES COLD PLANER TEETH #642 285.46 7710.65060 REGIONAL TRUCK EQUIPMENT CO. I REP. KEY 42.52 7710.65060 REGIONAL TRUCK EQUIPMENT CO. I CYLINDER #626 550.50 7710.65060 R.N.O.W., INC. OUTSIDE REPAIR #661 400.00 7710.65060 R.N.O.W., INC.THROTTLE ADVANCE SWITCH #721 127.07 7710.65060 STANDARD EQUIPMENT COMPANY STREET SWEEPER PARTS 227.12 7710.65060 STANDARD EQUIPMENT COMPANY OUTSIDE REPAIR #956 195.20 7710.65060 STANDARD EQUIPMENT COMPANY OUTSIDE REPAIR #956 181.91 7710.65060 STANDARD EQUIPMENT COMPANY FAT END PARTS 550.18 7710.65060 STANDARD EQUIPMENT COMPANY SWEEPER STRIP BROOMS 616.78 7710.65060 STANDARD EQUIPMENT COMPANY SWITCH 77.28 7710.65060 STANDARD EQUIPMENT COMPANY PRESSURE SWITCH 65.64 7710.65060 STANDARD EQUIPMENT COMPANY COUPLER SOCKET #717 44.90 7710.65060 STANDARD EQUIPMENT COMPANY RETURN IDLER ARM 136.44- 7710.65060 STANDARD EQUIPMENT COMPANY HIGH/LOW PRESSURE SWITCH 84.54 7710.65060 STANDARD EQUIPMENT COMPANY HIGH/LOW PRESSURE SWITCH 161.18 7710.65060 STANDARD EQUIPMENT COMPANY RETURN IDLER ARM 172.92- 7710.65060 STANDARD EQUIPMENT COMPANY SEAL 25.01 7710.65060 STANDARD EQUIPMENT COMPANY REAR STEPS #716 912.75 7710.65060 SES INC SNOW MELTER REPAIR #600 3,428.50 7710.65060 SUBURBAN ACCENTS, INC.LETTERING ON POLICE CAR #16 475.00 7710.65060 SUBURBAN ACCENTS, INC.LETTERING ON POLICE CAR #307 875.00 7710.65035 WARREN'S SHELL SERVICE MOTORCYCLE FUEL SALES 187.91 7710.65060 ALLTECH AUTO INC.REFINISH VEHICLE 502.20 7710.65060 INTERSTATE BATTERY OF NORTHERN BATTERIES 176.32 7710.65050 ADVANCED PROCLEAN, INC.MOBILE POWER WASHING SERVICE 722.50 7710.65060 CARQUEST EVANSTON RELAY ACCESSORY 44.12 7710.65060 CARQUEST EVANSTON AIR FILTER 7.53 7710.65060 CARQUEST EVANSTON AIR FILTER 5.19 7710.65060 CARQUEST EVANSTON FUEL CAP 22.71 7710.65060 CARQUEST EVANSTON BRAKE ROTOR 113.30 7710.65060 CARQUEST EVANSTON BALL MOUNT #307 & #4 53.98 7710.65060 CARQUEST EVANSTON BALL MOUNT 26.99 7710.65060 CARQUEST EVANSTON DRIVEALIGN TENSIONER 70.06 7710.65060 CARQUEST EVANSTON ELECTRICAL ADAPTER 39.96 7710.65060 CARQUEST EVANSTON BRAKE PAD/ROTOR/BRAKE KIT 113.30 7710.65060 CARQUEST EVANSTON HALOGEN SEALED BEAM 54.58 7710.65060 CARQUEST EVANSTON OIL COOLER LINE 30.74 7710.65060 CARQUEST EVANSTON LIGHT BULB 50.19 7710.65060 FULL THROTTLE MARINE, INC.WATERCRAFT MAINTENANCE & REPAIR 1,622.76 7710.65060 FULL THROTTLE MARINE, INC.WATERCRAFT MAINTENANCE & REPAIR 733.29 7710.65060 FULL THROTTLE MARINE, INC.WATERCRAFT MAINTENANCE & REPAIR 2,694.42 7710.65060 GOLF MILL FORD BLOWER MOTOR RESISTORS 48.72 7710.65060 GOLF MILL FORD FRONT BLINKER ASSY. 38.82 7710.65060 GOLF MILL FORD KEY BLANT 209.60 7710.65060 GOLF MILL FORD OUTSIDE REPAIR #502 167.26 7710.65060 GOLF MILL FORD OUTSIDE REPAIR #43 773.21 7710.65060 GOLF MILL FORD BRAKE KIT 116.64 *Advanced Payment 1696 of 731 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/23/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65065 WENTWORTH TIRE SERVICE TIRE SERVICE AND RECAPPING 88.00 7710.65065 WENTWORTH TIRE SERVICE NEW TIRE PURCHASE FOR 2013 974.71 7710.65060 BILL'S AUTO & TRUCK REPAIR OUTSIDE REPAIR #504 129.34 7710.65060 CARQUEST EVANSTON RETURNED OIL SEAL 11.69- 7710.65060 CARQUEST EVANSTON RETURNED OIL SEAL 58.69- 7710.65060 CARQUEST EVANSTON RETURNED PIN BOOT KIT 3.57- 7710.65060 CHICAGO HARLEY-DAVIDSON OIL CHANGE #5 400.72 7710.65060 CHICAGO INTERNATIONAL TRUCKS, EXHAUST PIPE #717 102.01 7710.65060 CHICAGO INTERNATIONAL TRUCKS, FUEL HOSE #747 34.99 7710.65060 CHICAGO PARTS & SOUND, LLC MOTOR COOLING BLOWER #39 459.90 7710.65060 CHICAGO PARTS & SOUND, LLC MOTOR AND FAN ASY #805 312.10 7710.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 179.16 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 123.09 7710.62355 CINTAS #22 WEEKLY MAT SERVICE 166.26 7710.62355 CINTAS #22 WEEKLY MAT SERVICE 166.26 7710.62355 CINTAS #22 WEEKLY MAT SERVICE 166.26 7710.65035 CITY WELDING SALES & SERVICE WELDING GAS 71.65 7710.65060 COUNTRY GAS CO. RENTAL 29.95 7710.65060 CUMBERLAND SERVICENTER DOOR & SHIFTER 342.39 7710.65060 CUMBERLAND SERVICENTER 2 ELECTRICAL SHIFTERS 181.02 7710.65060 CUMBERLAND SERVICENTER MOTOR WIPER #721 296.35 7710.65060 CUMBERLAND SERVICENTER WIPER/WASHER SWITCH #721 276.66 7710.65060 EVANSTON AUTO GLASS RIGHT MIRROR #137 39.00 7710.65060 EVANSTON CAR WASH & DETAIL CEN 6 CAR WASHES 48.00 7710.65060 GOLF MILL FORD RETURNED CYLINDER 68.30- 7710.65060 GROVER WELDING COMPANY OUTSIDE REPAIR #623 841.41 7710.65060 HIGH PSI LTD.POWER WASHER HOSE 259.05 7710.65060 ICEMANN ARENA SERVICES HIGH PRESSURE REGULATOR 701.75 7710.65060 LEACH ENTERPRISES, INC.CALIPER CLOSE CREDIT 900.00- 7710.65060 LEACH ENTERPRISES, INC. AIR DRYER CORE 80.00- 7710.65060 LEACH ENTERPRISES, INC.BRAKE KITS #722 270.01 7710.65060 LEACH ENTERPRISES, INC. DESICCANT CARTRIDGE KIT 179.40 7710.65060 LEACH ENTERPRISES, INC.LUG NUT COVERS - FIRE 35.37 7710.65060 LEACH ENTERPRISES, INC.AUTO SLACK ADJ #722 321.00 7710.65060 LEACH ENTERPRISES, INC.AUTO SLACK ADJ 160.50 7710.65060 LEACH ENTERPRISES, INC.OIL HUBCAP 50.26 7710.65060 METRO TANK AND PUMP COMPANY 18" STEEL COVER LID 175.00 24,692.10 26,102.16 00601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 7780.65550 AUTOBARN NISSAN MOTORS *YOUTH ENGAGEMENT VEHICLE 13,885.30 7780.65550 CURRIE MOTORS 8 NEW REPLACEMENT VEHICLES #4 31,734.00 45,619.30 45,619.30 00605 INSURANCE FUND 7800 RISK MANAGEMENT 7800.62266 CANNON COCHRAN MANAGEMENT SERV WORKER'S COMPENSATION TPA 23,750.00 *Advanced Payment 1797 of 731 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/23/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7800.62266 EDMARK VISUAL ID DATACARD SUPPLIES 126.93 23,876.93 23,876.93 00700 FIREFIGHTERS PENSION FUND 8000 FIREFIGHTERS' PENSION 8000.61755 BURKE, BURNS & PINELLI, LTD.*LEGAL FEES 323.77 323.77 323.77 2,653,829.15 TOTAL *Advanced Payment 1898 of 731 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT HOME VARIOUS BRINSHORE DEVELOPMENT LLC NSP2 REAL ESTATE ACTIVITIES #51 55,097.02 55,097.02 INSURANCE VARIOUS VARIOUS WORKERS COMP 10,422.10 VARIOUS VARIOUS WORKERS COMP 785.37 VARIOUS VARIOUS CASUALTY LOSS 23,544.73 34,752.20 NSP2 VARIOUS BRINSHORE DEVELOPMENT LLC NSP2 REAL ESTATE ACTIVITIES #51 113,913.81 113,913.81 203,763.03 Grand Total 2,857,592.18 PREPARED BY DATE APPROVED BY DATE CITY OF EVANSTON BILLS LIST CURRENT YEAR PERIOD ENDING 07/23/2013 *Advanced Payment 1999 of 731 For City Council meeting of July 22, 2013 Item A3.1 Business of the City by Motion: Water Meter Purchase Contract Extension 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: Approval of One-year Contract Extension for the Water Meter Purchase Contract (Bid No. 12-138) Date: July 11, 2013 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a one-year contract extension for the Water Meter Purchase contract (Bid No. 12-138) to Badger Meter, Inc. (4545 West Brown Deer Road, Milwaukee, WI) in the amount of $20,000.00. Funding Source: Funding is provided by the Water Fund. $15,000.00 will come from Account 7120.65070, which has an allocation of $75,000 for FY 201 3, and $5,000.00 will come from Account 7125.65080 (resale), which has an allocation of $35,000 for FY 2013. Background Information: This contract is for the purchase of water meters used to measure the quantity of potable water delivered to Evanston retail customers. Materials purchased under this contract will be installed by staff in the Distribution Division or resold to private contractors. They will be used to replace damaged and inoperable water meters or used at new development sites. In June 2012, the City Council awarded a one-year contract for purchasing water meters to Badger Meter, Inc. Badger has had good customer service over the last year and has been prompt in their delivery of water meters. The City is currently implementing an Automatic Meter Information (AMI) system replacement. Approximately 1,200 water meters will be purchased and installed under that contract. However, that contract only includes water meters up to 2” in size. The City will still need to purchase water meters 3” and larger, which is not currently included in the AMI contract. Memorandum 100 of 731 Summary: The 2012 contract with Badger Meter included a one-year contract extension. A letter with their commitment to hold their bid prices for an additional year is attached. Because of their performance and their willingness to hold their prices, City staff is recommending extending the contract for one year. Last year’s bid tabulation is attached for reference. Because this contract is for supply of materials only, the M/W/EBE goal was waived. Last year’s memo reviewing compliance with the M/W/EBE goal is attached. Attachments: Letter from Badger Meter, dated June 18, 2013 2012 Water Meter Bid Tabulation M/W/EBE Review Memorandum Legislative History Original Water Meter Purchase contract (Bid No. 12-138) was approved by City Council on June 25, 2012 101 of 731 102 of 731 103 of 731 104 of 731 For City Council meeting of July 22, 2013 Item A3.2 Business of the City by Motion: 2013 HVAC Improvement Project For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Homayoon Pirooz, P.E., Assistant Director of Public Works Stefanie Levine, RLA, Senior Project Manager Public Works Subject: Contract Award Recommendation to F.E. Moran, Inc. for the 2013 HVAC Improvement Project (Levy Center and Police/Fire Headquarters), Bid 13-48 Date: July 22, 2013 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for the base bid plus alternate bid 2 for the 2013 HVAC Improvement Project with F.E. Moran Inc., located at 2265 Carlson Drive, Northbrook, Illinois 60062, in the amount of $489,300.00. Funding Source: FY 2013 CIP Account 416144 (Police/Fire HQ): $175,000.00 FY 2013 CIP Account 415602 (Levy Center): $250,000.00 FY 2013 CIP Account 415688 (Ecology Center*): $ 64,300.00 Total Funding: $489,300.00 *Ecology Center project has been recommended to be deferred until 2014 Summary: A variety of HVAC and plumbing improvements are required at both the Police/Fire Headquarters (located at 1454 Elmwood Avenue) and the Levy Senior Center (located at 300 Dodge Avenue). At the Police/Fire Headquarters, needed improvements include: 1) replacement of a deteriorated air handling unit (originally installed in 1985) which provides heating and cooling to approximately 75% of the building’s second floor, 2) replacement of leaking and/or installation of new heating isolation valves for heating system control and 3) replacement of deteriorated galvanized domestic water lines in the building’s basement. At the Levy Senior Center, needed improvements include: 1) replacement of the existing residential grade boilers with commercial units and 2) replacement of boiler system pumps from their current location above a ceiling to floor mounting for safer maintenance activities. Memorandum 105 of 731 Construction documents were prepared for this work by a consultant in the spring of 2013. On June 13, 2013 the City issued bid documents and on July 9, 2013 the City received and publicly read one (1) bid (five firms attended the pre-bid meeting). Bid results were as follows: In order to provide greater flexibility, the bid included two alternate items as follows: Alternate 1 includes replacement of domestic water piping in the basement of the Police/Fire Headquarters. Due to the high bid price for this work, this item is not recommended for award. Staff and the consulting engineer believe that this work can be accomplished in the future by either re-letting this alternate or by performing the work with in-house staff. Alternate 2 includes all proposed work items at the Levy Senior Center (boiler and pump replacements). This work is recommended for award as it is expected to provide substantially improved heating system reliability at Levy as well as improve safety during maintenance activities. Staff recommends that the base bid plus alternate item 2 be awarded to the low bidder, F.E. Moran, Inc. for the lump sum amount of $489,300.00. The City’s consultant (dbHMS) has worked with F.E. Moran on prior projects and finds their work to be of excellent quality (see attachment). F.E. Moran is in compliance with the City’s M/W/EBE goals (see attached memorandum for additional information). A breakdown of funding for this project is as follows: Account Summary Project Funding (detailed above) $588,185.00 Encumbrances / expenditures to date* -$49,955.00 Recommended bid award -$489,300.00 Balance Remaining $48,930.00 * Encumbrances/expenditures to date include consultant fees and legal advertisements. The remaining balance for this project shall be reserved for change order items in the event unanticipated conditions are encountered during the course of construction. Construction of this project is scheduled to begin in late summer 2013. The current substantial completion deadline is November 8, 2013. Attachments: Consultant recommendation M/W/EBE Memo Bid tabulation Contractor Base Bid Alternate 1 Alternate 2 Total F.E. Moran, Inc. 2265 Carlson Drive Northbrook, Illinois 60062 $268,000 $207,200 $221,300 $696,500 106 of 731 107 of 731 City of Evanston Bid Tabulation Bid #13-48 - 2013 HVAC Improvement Project Bid opening held 7/9/2013 Item Number Description Unit Quantity Unit Price Total Unit Price Total BASE BID 1 Mechanical demolition LS 1 6,000.00$ 6,000.00$ 10,000.00 10,000.00 2 Heating isolation valve, 1-1/2”EA 1 2,000.00$ 2,000.00$ 2,730.00 2,730.00 3 Heating isolation valve, 2-1/2”EA 2 2,250.00$ 4,500.00$ 7,450.00 14,900.00 4 Heating isolation valve, 3”EA 2 2,500.00$ 5,000.00$ 7,700.00 15,400.00 5 Heating isolation valve, 4”EA 3 2,700.00$ 8,100.00$ 8,800.00 26,400.00 6 Heating isolation valve, 5”EA 1 2,800.00$ 2,800.00$ 12,350.00 12,350.00 7 Heating isolation valve, 6”EA 1 3,000.00$ 3,000.00$ 14,620.00 14,620.00 8 Heating isolation valve, 8”EA 2 3,200.00$ 6,400.00$ 20,000.00 40,000.00 9 Heating isolation valve (mechanical penthouse), 4” EA 1 2,700.00$ 2,700.00$ 9,300.00 9,300.00 10 Provide new 16,500 CFM AHU LS 1 90,000.00$ 90,000.00$ 22,000.00 22,000.00 11 Stainless steel drain pan LS 1 7,000.00$ 7,000.00$ 6,000.00 6,000.00 12 HVAC Insulation FT 50 135.00$ 6,750.00$ 150.00 7,500.00 13 Damper assemblies LS 1 14,500.00$ 14,500.00$ 5,000.00 5,000.00 14 HVAC Piping Controls LS 1 8,250.00$ 8,250.00$ 45,000.00 45,000.00 15 Intake Louver LS 1 24,000.00$ 24,000.00$ 4,500.00 4,500.00 16 Concrete pad LS 1 3,000.00$ 3,000.00$ 4,000.00 4,000.00 17 New Centrifugal Fan LS 1 26,000.00$ 26,000.00$ 8,000.00 8,000.00 18 Electrical Demolition LS 1 3,000.00$ 3,000.00$ 2,200.00 2,200.00 19 AHU-1 Electrical LS 1 2,000.00$ 2,000.00$ 10,400.00 10,400.00 20 RF-1 Electrical LS 1 2,000.00$ 2,000.00$ 1,700.00 1,700.00 21 Smoke detectors LS 1 2,000.00$ 2,000.00$ 2,700.00 2,700.00 22 Relocate existing hose bib LS 1 6,000.00$ 6,000.00$ 1,250.00 1,250.00 23 Relocate existing floor drain LS 1 5,000.00$ 5,000.00$ 2,050.00 2,050.00 Total Base Bid 240,000.00$ 268,000.00$ ALTERNATE 1 24 Plumbing demolition LF 400 20.00$ 8,000.00$ 11.25 4,500.00 25 ¾” Type L copper LF 100 110.00$ 11,000.00$ 235.00 23,500.00 26 1” Type L copper LF 100 120.00$ 12,000.00$ 376.00 37,600.00 27 1-1/2” Type L copper LF 50 140.00$ 7,000.00$ 690.00 34,500.00 28 2” Type L copper LF 100 160.00$ 16,000.00$ 1,071.00 107,100.00 Total Alternate 1 Bid 54,000.00$ 207,200.00$ ALTERNATE 2 29 Mechanical Demolition LS 1 6,000.00$ 6,000.00$ 11,000.00 11,000.00 30 Boilers EA 3 35,000.00$ 105,000.00$ 8,333.00 24,999.00 31 Pumps EA 2 12,000.00$ 24,000.00$ 3,640.00 7,280.00 32 Combined Separator LS 1 8,500.00$ 8,500.00$ 621.00 621.00 33 In-line Separator LS 1 7,500.00$ 7,500.00$ 1,500.00 1,500.00 34 3” Piping Headers LS 1 32,000.00$ 32,000.00$ 61,600.00 61,600.00 35 Boiler Flue LS 1 12,000.00$ 12,000.00$ 7,000.00 7,000.00 36 Fire Wrap LS 1 5,000.00$ 5,000.00$ 3,000.00 3,000.00 37 Controls LS 1 25,000.00$ 25,000.00$ 50,000.00 50,000.00 38 Electrical Demolition LS 1 3,000.00$ 3,000.00$ 15,000.00 15,000.00 39 Boiler Electrical LS 1 5,000.00$ 5,000.00$ 26,300.00 26,300.00 40 Pump Electrical LS 1 4,000.00$ 4,000.00$ 13,000.00 13,000.00 Total Alternate 2 Bid 237,000.00$ 221,300.00$ Consultant Engineer's Estimate F.E. Moran, Inc. 2265 Carlson Drive, Northbrook, Illinois 60062 Name and Address of Bidders 108 of 731 Bid # 13-48, Contract to F.E. Moran, Inc., M/W/EBE Compliance Approval, 2013 HVAC Improvement Project (Bid # 13- 48) To: Suzette Robinson, Director of Public Works From: Joseph McRae, Deputy City Manager Subject: Recommendation for Contract Award Recommendation to F.E. Moran, Inc. for the 2013 HVAC Improvement Project, Bid# 13-48 Date: July 17, 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 #13-48, F.E. Moran, Inc. is found to be in initial compliance with the City’s M/W/EBE Goal. F.E. Moran, Inc., for a total base bid of $268,000.00, and will receive 28% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Able Distributors Provide Boilers & Pumps $8,000.00 3 % X Universal Insulation Company Insulation $8,000.00 3% X Amalgamated Services Inc. HVAC $59,000.00 22% X Total M/W/EBE $67,000.00 28% Memorandum 109 of 731 For City Council Meeting of July 22, 2013 Item A3.3 Business of the City by Motion: Evanston Bicycle Plan Update Project For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Homayoon Pirooz, P.E., Assistant Director of Public Works Rajeev Dahal, Senior Project Manager Subject: Evanston Bicycle Plan Update Project Date: July 11, 2013 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract with T.Y. Lin International (200 S. Wacker Drive, Suite 1400, Chicago IL 60606) in the amount of $120,321.58 for the Evanston Bicycle Plan Update project. (Bid 13-18) Funding Source: Funding is provided by the Chicago Metropolitan Agency for Planning (CMAP) grant in the amount of $100,000 and the CIP Fund (415937) in the amount of $20,321.58. Summary: The City has received a grant of $100,000 through the CMAP program to update the 2003 Evanston Bicycle Plan. The proposed update to the Evanston Bicycle Plan will ensure that all new infrastructure, programming, and policy updates reflect the current needs of the residents, and the increased acceptance of multi-modal transportation alternatives. The Plan will guide planning, development, education, awareness, and management of existing and future bicycle infrastructure improvements and multi-modal connections within the City. The Plan will identify existing barriers, potential future bike infrastructure opportunities as well as upgrades or improvements to existing routes, lanes, and paths, including signage. It will utilize the most current bicycle travel research, lessons learned, and best practices for mobility, safety, education, parking, and storage to encourage all bicycle travel including commuter bicycle travel to and from transit facilities, employment centers, shopping centers, recreational areas, and learning institutions using the existing street and parks network. Improving connectivity Memorandum 110 of 731 to the adjacent communities of Chicago, Skokie, and Wilmette will be considered in an effort to enhance overall bicycle mobility and accessibility. To begin the project, Public Works Department issued a request for proposal (RFP #13- 18). A mandatory pre-proposal meeting was held to explain and discuss the goals of the project, and the consulting firms were given a tour of the downtown area and the ETHS areas. Two consulting firms submitted proposals. A selection team consisting of the Director of Public Works, Senior Traffic Engineer, Interim Purchasing Manager, Sustainable Programs Coordinator, and Public Health Educator reviewed the proposals and interviewed both the consulting firms. The firms were evaluated for qualification, response to scope of services, staff expertise, innovation, project cost and M/W/EBE participation. The ratings for both the firms are as follows: Firms Qualification and Experience (20%) Completeness of Proposal & Response to Scope of Services (20%) Staff Expertise and Innovation (20%) Project Proposed Cost (30%) M/W/EBE Participation (10%) Total (100%) T.Y. Lin International 20 19.8 18.8 28.2 10 96.8 Sam Schwartz Engineering 20 15.8 17.4 29 10 92.2 Based on the rating, T.Y. Lin International was selected as the best candidate to provide the services. They have an extensive municipal engineering experience including bike planning, bike infrastructure design and implementation. CMAP has concurred with the City’s recommendation. They are satisfying their M/W/EBE goal by having Fish Transportation Group, Apex Consulting Engineers, Site Plan Design, and PlaceVision as sub-consultants. The total value of the M/W/EBE subcontracted work is 25.1% 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. -------------------------------------------------------------------------------------------------------------------- Attachments: M/W/EBE Memo CMAP Concurrence Letter CMAP Grant Award Letter CMAP Agreement 111 of 731 RFP No. 13-18, Contract for Consulting Service with T.Y. Lin International, Inc., M/W/EBE Compliance Approval, Evanston Bicycle Plan Update Project To: Suzette Robinson, Director of Public Works From: Joseph McRae, Deputy City Manager Subject: Recommendation for Professional Consulting Service for the Evanston Bicycle Plan Update Project – RFP #13-18 Date: July 15, 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 RFP No. 13-18, Contract to T.Y. Lin International, Inc. for the Evanston Bicycle Plan Update project, is found to be in initial compliance with the goal because they have met the City of Evanston M/W/EBE goal. T.Y. Lin International, Inc. for a total base bid is $120,321.58, and will receive 25.1% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Fish Transportation Group Transportation Planning 13,500.00 11.2% X Apex Consulting Engineers Data Collection 7,400.00 6.2% X Site Design Group Rendering & Visualization 6,900.00 5.7% X PlaceVision, Inc Community Remarks 2,400.00 2% X Total M/W/EBE 25.1% Cc: Martin Lyons, Assistant City Manager/CFO Memorandum 112 of 731 July 2, 2013 Mr. Rajeev Dahal Senior Traffic Engineer City of Evanston Dept. of Public Works Division of Engineering 2100 Ridge Avenue Evanston, Il 60201 RE: Contract # C-13-0042 Dear: Mr. Dahal: CMAP concurs with the scope of services and the selection of the firm T.Y. LIN International to provided consulting assistance on the development of a bike plan update for the City of Evanston. This project will be partially funded through the Intergovernmental Agreement between CMAP and the City of Evanston cited above. CMAP’s portion of this project is not to exceed $100,000. The City of Evanston will be responsible for funding $20,321.58. If you have any questions please feel free to contact me at 312-386-8788 or mmcgrath@cmap.illinois.gov. Sincerely, Margaret McGrath Grants and Contracts Officer 113 of 731 October 10, 2012 Via email: rdahal@cityofevanston.org Rajeev Dahal, Senior Traffic Engineer City of Evanston 2011 Ridge Ave. Evanston, Illinois 60201 Dear Mr. Dahal: Thank you for your recent application to the Community Planning program. I am pleased to inform you that your application for a bicycle plan update has been successful. A member of our staff will be following up with you to further scope this project and determine the timeline for starting work. As initial steps, we will discuss the process for selecting a consulting firm to assist with this project, as well as the administrative actions needed to get this project going. We hope to meet with you soon to jointly develop a scope of work and strategy for our work together. Congratulations on submitting a successful project! We look forward to working with you. Sincerely, Robert M. Dean Deputy Executive Director for Local Planning 114 of 731 115 of 731 116 of 731 117 of 731 118 of 731 119 of 731 120 of 731 121 of 731 122 of 731 123 of 731 124 of 731 125 of 731 126 of 731 127 of 731 128 of 731 129 of 731 130 of 731 131 of 731 132 of 731 133 of 731 134 of 731 135 of 731 136 of 731 137 of 731 138 of 731 139 of 731 140 of 731 141 of 731 142 of 731 Program For City Council meeting of July 22, 2013 Item A3.4 Business of the City by Motion: 2013 Alley Paving Project Contract Award For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Homayoon Pirooz, P.E., Assistant Director for Infrastructure & Engineering Sat Nagar, P.E., Senior Project Manager Subject: Contract award for 2013 Alley Paving Project (Bid 13-53) Date: July 12, 2013 Recommended Action: Staff recommends the City Council authorize the City Manager to execute a contract in response to Bid 13-53 to award the 2013 Alley Paving Project Contract to Schroeder & Schroeder, Inc. (7306 Central Park, Skokie, IL 60076) in the amount of $497,590.06 Funding Source: Funding is provided by the Special Assessment Fund (6365.65515) in the amount of $252,590.06 and CDBG Funds in the amount of $245,000. The homeowner’s portion of the special cost is collected over a period of ten years. Summary: Alley paving projects are initiated by adjacent property owners as part of the Special Assessment Alley Paving Program. All of the petitions contain signatures that represent more than 51% of the abutting property owners. We are paving the following alley through the Special Assessment process: The alley north of Madison Street, and east of Sherman Avenue As part of the CDBG Program, CDBG Funds are also used to pave alleys in the CDBG area. The CDBG Funds will be used to pave the following alleys: The alley north of Emerson Street and east of Grey Avenue (north leg and north east-west leg). The alley north of Howard Street and east of Hartrey Avenue Memorandum 143 of 731 Also as part of this alley patching program the concrete pavement in the alley east of Chicago Avenue, north of South Boulevard will be redone. The topographic survey was done in fall of 2012 and the design of the alleys was completed early this year by the Engineering staff. A public hearing was conducted in April to explain the project and obtain public comment. After the Ordinance was approved by the City Council, the special assessment costs were filed in court and the project was let. This program is administered in accordance with the City of Evanston and Illinois Department of Transportation (IDOT) standards. The construction inspection for these alleys is provided by the in-house Engineering staff. The proposed concrete alleys are 8” thick with drainage systems constructed as part of the project. The drainage system consists of inlets and catch basins connected to the 10” storm sewer installed underneath the alley. The newly installed drainage pipe is inspected using CCTV before the concrete pavement is constructed. The bid documents were prepared and sent to several potential bidders. The project was bid in May and advertised in the Chicago Tribune. The project was also published in the State Contractors Bulletin and on Demand Star. The bids were opened on July 9, 2012. Bids were submitted by Schroeder & Schroeder Inc. (Skokie), ACURA Inc. (Bensenville), A. Lamp Concrete Contractors (Schaumburg), Landmark Concrete Contractors (Huntley) and Capital Cement (Chicago). The bid results are correct and in order. A copy of the bid tabulation is enclosed for your review. Bids were submitted by: CONTRACTOR BID PRICE Schroeder & Schroeder Inc. $497,590.00 ACURA Inc. $535,230.00 A. Lamp Concrete Contractors $568,700.00 Landmark Contractors Inc. $681,311.96 Capital Cement $818,625.00 The engineer’s estimate for this project is $649,800. The engineers estimate is based on last year’s prices considering price increases for the inflation. The low bid responsive and responsible contractor, Schroeder & Schroeder Inc. is satisfying 19% of the M/W/EBE requirements of the City and requesting waiver for 6%. They are satisfying their M/W/EBE requirements partially by having Ozinga Chicago RMC, Inc. and Turf care Inc. both (EBE Firm), Advanced Video solutions Inc., (Certified WBE Firm) and Marking Specialist Corporation (certified MBE Firm) as subcontractors. The total value of the estimated M/W/EBE subcontracted work is 18.95% of the total contract amount. Schoeder & Schroeder Inc. is seeking a partial waiver of the M/W/EBE requirements. The M/W/EBE schedule and supporting documentation has 144 of 731 been reviewed and approved by the City Manager’s office, as indicated in the attached memo. Schroeder & Schroeder Inc. has worked with the City before on similar projects and completed work on time and within budget. Attachments: Bid Tab Location Map M/W/EBE Memo 145 of 731 CITY OF EVANSTONTABULATION OF BIDSFOR2013 PAVING OF VARIOUS ALLEYSPROJECT NO.: PW - AP - 1305DATE: 07 / 09 / 13TIME: 2:00 P. M.ATTENDED BY: SNAPPROVED ENGINEER'SESTIMATESPECIAL TOTAL COSTASSESSMENTLOCATIONFOR TOTAL COST FOR PROPOSALTOTAL COST FOR PROPOSALTOTAL COST FOR PROPOSALTOTAL COST FOR PROPOSALTOTAL COST FOR PROPOSALNUMBERPROPOSALPW-AP-1305 A ALLEY; NORTH OF EMERSON STREET, EAST OF GREY AVENUE231,145.00$ 174,355.00$ 193,975.00$ 199,105.00$ 240,871.00$ 279,400.00$ PW-AP-1305 B ALLEY; NORTH OF HOWARD STREET, EAST OF HARTREY AVENUE269,355.00$ 225,265.00$ 241,135.00$ 253,850.00$ 297,743.17$ 351,280.00$ PW-AP-1305 C114,620.00$ 73,950.00$ 78,975.00$ 84,010.00$ 116,298.96$ 148,685.00$ SA 151034,680.00$ 24,020.00$ 36,150.00$ 31,740.00$ 31,398.83$ 39,260.00$ TOTAL BIDSAS READ649,800.00$ 497,590.00$ 550,235.00$ 568,705.00$ 686,311.96$ 818,625.00$ AS CORRECTED497,590.00$ 550,235.00$ 568,705.00$ 686,311.96$ 818,625.00$ ALLEY; NORTH OF MADISON STREET, EAST OF SHERMAN AVENUE LANDMARK CONTRACTORS, INC.11916 W. MAIN ST.HUNTLEY, IL 60142ALLEY; NORTH OF SOUTH BLVD., EAST OF CHICAGO AVENUENAME AND ADDRESS OF BIDDERSSCHROEDER & SCHROEDER, INC.7306 CENTRAL PARKSKOKIE, IL 60076A. LAMP CONCRETE CONTRACTORS1900 WRIGHT BLVD.SCHAUMBURG, IL 60193ACURA INC.556 COUNTY LINE ROAD,BENSENVILLE, IL 60106CAPITOL CEMENT COMPANY, INC.6231 N. PULASKI ROADCHICAGO, IL 606467/12/2013146 of 731 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 3200310021001800130014008006004002013 Alley Map.mxd 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 PAVING OF VARIOUS ALLEYS, PW-AP-1305, BID NO: 13-53 City of Evanston Department of Public Works Alley Paving Project 147 of 731 Bid # 13-53, Contract to Schroeder & Schroeder, Inc., M/W/EBE Compliance Approval, 2013 Alley Paving Project (Bid # 13-53) To: Suzette Robinson, Director of Public Works From: Joseph McRae, Deputy City Manager Subject: Recommendation for Contract Award Recommendation to Schroeder & Schroeder, Inc. for the 2013 Alley Paving Project (Bid # 13-53) Date: July 15, 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 #13-53, Schroeder & Schroeder, Inc. is found to be in initial compliance with the goal because they have made a good faith effort towards the City’s M/W/EBE Goal. Schroeder & Schroeder, Inc., for a total base bid is $497,590.00, and will receive 19% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Advanced Video Solutions, Inc. Pre- Construction Video $600.00 .12 % X Marking Specialists Corp Pavement Markings $3,685.00 .74 % X Turf Care Landscaping Landscaping $5,535.00 1.11% X Ozinga Ready Mix Concrete Supplier $82,500.00 17% X Total M/W/EBE $92,320.00 19% And based upon there good faith effort a waiver is granted for the remaining 6% ($29,855.40) Memorandum 148 of 731 Page 1 of 3 For City Council meeting of July 22, 2013 Item A3.5 Resolution 36-R-13 Amending the Grandmother Park Agreement. For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Subject: Resolution 36-R-13 and Follow Up to June 10, 2013 Administration and Public Works Meeting and Amendment of Grandmother Park Agreement Date: July 18, 2013 Recommended Action: 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. Grandmother Park Initiative (GPI) has raised the required revenue needed to complete this park according to estimates reviewed by City and Grandmother Park representatives. GPI representatives recommend the use of Nature's Perspective for this project. Funding Source: Funding raised for this project is $256,971 and will be provided from: 1. $50,000 from the Economic Development Fund per the 2010 resolution. 2. $17,000 from CDBG funds as approved by the Housing and Community Development Act Committee. (revised from June 10 Report) 3. $202,856 from GPI fundraising.(revised from June 10 Report) Summary: At the June 10, 2010 Administration and Public Works Committee, the Committee requested that staff and Grandmother Park representatives obtain quotations from Evanston based businesses. The table below shows a summary of three quotations, including a quotation from the original contractor Nature’s Perspective. Quotation Evanston Community Builders $ 101,221 Nature's Perspective $ 133,480 Pinel Andrews Construction* $ 151,698 *Pinel Andrews quote included $3,200 additional expense for upgrade to perimeter fencing. Memorandum 149 of 731 Page 2 of 3 The highest quotation was submitted by Pinel Andrews Construction at a base quote of $148, 498, with a fencing option of $3,200 to make the total quote $151,698. Staff did not pursue further information on this response but thank Pinel Andrews Construction for responding to the request for a quote and will continue to contact them for future projects. The lowest quotation was submitted by Evanston Community Builders (ECB) for $101,221. City Staff met with Representatives of ECB to discuss their quotation and the process being used in this community funded construction project. ECB representatives stated that they were interested in this project and any future projects of a similar nature. During the last three years City staff and GPI representatives have met on numerous occasions with Nature’s Perspective as they have acted as an informal resource in the development of the project. Given this familiarity with the project and given the fact that the City received a quotation both higher and lower than the quote submitted by Nature’s Perspective at $133,480, the quote can be viewed as competitive, although it is not the low quotation. Attachment A is a letter from GPI stating their reasons for recommending Nature’s Perspective to construct the park at 1125 Dewey. The June 10, 2013 report to the Committee included all of the budget detail for the project. The table below shows a summary of the current funding status for the project: GRANDMOTHER PARK SOURCES AND USES SUMMARY Total Revenues Raised to date $ 202,856 LESS: Expenses incurred to date $ 44,492 (includes interest cost to CorLands, site prepartion work and fund raising/administration costs Cash in Bank as of 7/18/13 $ 158,364 Revenue due from Economic Development Fund $ 50,000 Revenue due from CDBG Fund $ 17,000 TOTAL RESOURCES AVAILABLE FOR LAND ACQUISITION AND CONSTRUCTION $ 225,364 Total Construction/Design* $ (146,432) Property Acquisition $ (70,000) Remaining Funds $ 8,932 *Includes 10% contingency 150 of 731 Page 3 of 3 The proposal from Nature’s Perspective is within the project budget up dated as of June 10, 2013. Legislative History Resolution 46-R-10 2010 GPI agreement ------------------------------------------------------------------------------------- Attachments: Resolution 36-R-13 and Amendment No. 1 to MOU (Revised 7/18/13) Letter from Grandmother Park Initiative June 10, 2013 Agenda Item which includes: -Resolution 36-R-13 (5/29/13) -Amendment No 1 to Memorandum of Understanding -GPI Summary Letter 151 of 731 7/18/2013 5/29/2013 36-R-13 A RESOLUTION Authorizing the City Manager to Sign a Resolution of Authorization to Complete Open Space Land Acquisition and Development for the Grandmother Park Project and for Other Activities Related to the Grandmother Park Project WHEREAS, in 2010, the City Council authorized the disbursement of fifty thousand dollars ($50,000.00) from the Economic Development Fund, and in 2011 the disbursement of seven thousand dollars ($7,000.00), in 2012 the disbursement of five thousand dollars ($5,000.00), and in 2013 the disbursement of five thousand dollars ($5,000.00) all from the Community Development Block Grant Fund for the Grandmother Park Project (the “Project”); and WHEREAS, the disbursement of those funds was contingent upon the Grandmother Park Initiative (“GPI”) raising the remaining project costs for the Project; and WHEREAS, GPI informed the City that it raised the remaining project costs for the Project; and WHEREAS, in 2010 the City of Evanston, GPI, and the Corporation for Openlands (“CorLands”) previously executed a Memorandum of Understanding (“MOU”) concerning the responsibilities of all parties regarding the Project; and WHEREAS, construction of the Project is now ready to proceed, fulfillment of the remaining obligations of the MOU is required, and the execution 152 of 731 36-R-13 ~2~ of an Amendment No. 1 (the “Amendment”) to the MOU is necessary to complete the Project; and WHEREAS, the City, GPI, and CorLands intend to execute the Amendment to complete the Project; and WHEREAS, the City’s Public Works Department and Parks, Recreation and Community Services Department will be conducting permit reviews and inspections relative to the construction of the Project, however, the Project will be constructed by GPI and its vendors; WHEREAS, the eligible vendors on the Project will comply with the Prevailing Wage Act, 820 ILCS 130/; and WHEREAS, the City, GPI, and CorLands will cooperate to transfer title to certain property for the completion of the Project, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: All terms and conditions of the Amendment to the MOU, attached as Exhibit A, are made a part herein by reference. SECTION 3: That the City Manager is hereby authorized to sign, and the City Clerk shall attest on behalf of the City of Evanston, this Resolution of Authorization. The City Manager is hereby authorized to execute the Amendment to the MOU. 153 of 731 36-R-13 ~3~ SECTION 4: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Resolution of Authorization and the Amendment to the MOU, as may be determined to be in the best interests of the City, and as may be approved as to form by the Corporation Counsel. This authorization shall further permit all necessary City action to schedule and complete the closing on the property located at 1125 Dewey Avenue, Evanston, IL 60202, taking all necessary actions with the Title Company relevant to the closing, and assuming control of the property after GPI completes the Tot Lot development at the Project. SECTION 5: That this Resolution 36-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 154 of 731 36-R-13 ~4~ Exhibit A Amendment No. 1 to the MOU 155 of 731 CH01/ 25558038.2 7/18/13 05:51 PM AMENDMENT NO. 1 TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EVANSTON THE CORPORATION FOR OPENLANDS AND THE GRANDMOTHER PARK INITIATIVE This AMENDMENT NO. 1 TO THE (“Amendment”) MEMORANDUM OF UNDERSTANDING ("MOU'), is entered into between the City of Evanston (“the City”), the Grandmother Park Initiative ("the GPI”), and the Corporation for Openlands (“CorLands”) (collectively “the Parties”), to describe the responsibilities of the Parties regarding the property located at 1125 Dewey, Evanston, IL 60202 (the “Property”). This Property is identified with PIN no. 10-24-210-032-0000. The Parties previously executed an MOU for the Property in August 2010. This Amendment clarifies certain of the Parties’ responsibilities regarding the Property. The Parties agree as follows: 1. CorLands currently holds title to the Property. 2. The City and the GPI agreed that a total amount as defined in Attachment A to this Amendment (hereafter, the "Project Cost") will be required to acquire the Property and fund the construction of a toddler/young child play lot with recreational equipment, commonly known as a “Tot Lot.” The GPI represented to the City that it will raise, through grants, private contributions, funding contributions, and otherwise, all amounts of the Project Cost in excess of (a) $67,000 (hereafter, the "GPI Project Costs"). The City represented to GPI and CorLands that once the Project Cost has been fully funded, it will accept title to the Property. GPI will complete the Tot Lot development and the City will operate the Tot Lot as part of its park system. 3. The GPI fundraising budget plan contemplates that $50,000.00 of the Project Cost is to be derived from the City’s Economic Development Fund and $17,000 from the CDBG Fund. The City in turn represents that the disbursement of these funds will be to partially reimburse CorLands for its acquisition of the Property. 4. As set forth in the MOU, CorLands held title to the property in trust for the City and the GPI from June 30, 2010 through to June 30, 2013. 5. GPI provided notice to the City and CorLands of the successful attainment of amounts in satisfaction of the GPI project costs (attachment B). The Parties agree to schedule a closing within sixty (60) days after the execution of this Amendment, or for a mutually acceptable alternative date ("the Closing"). 6. The Parties anticipate a three-way closing through the Title Company. Unless otherwise agreed to in writing , the following shall govern the Closing: The funds for the GPI Project Cost shall be deposited with the Title Company, (which donations for the property and funds collected therewith may be governed by separate agreement by and between GPI and the Evanston Parks Foundation); and the City of Evanston shall deposit $67,000 with the Title Company; and Corlands shall deposit a 156 of 731 CH01/ 25558038.2 7/18/13 05:51 PM 2 Special Warranty Deed conveying the Property to the City (“the Deed”) with the Title Company. At Closing, the Title Company shall disburse (1) to Corlands, reimbursement for the Property purchase price of $70,000 and other invoiced out-of- pocket expenses, together with any other reasonable costs to be determined by mutual agreement among the Parties, and (2) to the City, all remaining funds, together with the Deed. The City agrees to promptly record the Deed at its expense, and to thereafter assume full control of the Property, after GPI completes the Tot Lot development at the Property. 7. If the GPI does not execute this Amendment on or before July 31, 2013, the City reserves the right to not purchase the Property from CorLands. If the City declines to purchase, it shall notify CorLands by July 31, 2013 and the GPI in writing by July 31, 2013, and all understandings and obligations by and between the Parties shall have no force and effect. If this Amendment is not fully executed by the Parties, CorLands will hold title to the Property free and clear of any obligations to GPI and the City and may sell the property free of any obligations hereunder. 8. GPI, as a 501(c)(3) entitiy, agrees to raise and hold all funds necessary for the completion of the Project as reviewed and approved by the City. 9. GPI, further agrees to complete the construction of the project subject to inspection, review and approval of all phases of the project by the City including but not limited to: a) Approval of a final budget based on a review of the City and GPI, not to exceed $269,856 including Land costs. b) Approval of all vendors to be used in the design and construction of the Tot Lot development project. c) Approval of all pay requests to be made subsequent to the successful inspection of all phases of the project. Pay requests shall include certified payroll as required by the Prevailing Wage Act, 820 ILCS 130 and lien waivers for the general contractor, all subcontractors and all material suppliers. d) Review and approval of all submittal items including but not limited to samples, shop drawings, mock-ups and product data as required in the construction documents. e) Review and approval of all change order items. f) Inspection and approval of all items subject to review by City building permit officials. g) Review and approval of various construction elements as required in the construction documents including but not limited to: horizontal layout, vertical layout, grading, subgrades, compaction, trenching, play equipment layout, site furniture layout and plant material layout. The City shall have no control over the means or methods of construction. GPI and its vendors are solely responsible for the means and methods of construction and nothing in th is Amendment shall be construed against the City regarding the retained control exception as defined by the Restatement of Torts, 2nd, Section 414. 157 of 731 CH01/ 25558038.2 7/18/13 05:51 PM 3 10. This Amendment or any term of the original MOU may only be amended in writing signed by all Parties which may be accomplished by electronic written means of communication. The delivery of notice by certified mail, return receipt requested, hand delivery, facsimile, e-mail, or nationally recognized over-night courier, shall all be deemed sufficient methods of notice. 11. All other terms and conditions of the MOU not specifically amended as set forth in this Amendment otherwise remain in full force and effect. (Remainder of this page intentionally left blank). 158 of 731 CH01/ 25558038.2 7/18/13 05:51 PM 4 IN WITNESS WHEREOF, the Parties agree to the above terms and have executed this Amendment No. 1 to the Memorandum of Understanding as follows: The date of this Amendment will be the date this Amendment is signed by the last party to sign it (as indicated by the date associated with that party’s signature). Each party is signing this Amendment on the date stated opposite that party’s signature. Corporation for Openlands City of Evanston Gerald W. Adelmann Date Wally Bobkiewicz Date President and CEO City Manager Grandmother Park Initiative _______________________________ Gay Riseborough Date President 159 of 731 CH01/ 25558038.2 7/18/13 05:51 PM 5 Exhibit A Project Costs 160 of 731 Grandmother Park Cost Estimate Attachment A 5/12/2013 Item Unit Quantity Unit Cost Total Category Totals Demolition and site protection Construction fencing lf 260 5.00$ 1,300.00$ Construction sign ls 1 700.00$ 700.00$ Remove concrete pavement sf 183 2.50$ 457.50$ Remove existing plant material incl. tree ls 1 500.00$ 500.00$ Modify neighbors' downspout extension ea 2 200.00$ 400.00$ 3,357.50$ Excavation, grading and drainage Grading sf 5280 1.00$ 5,280.00$ Excavation / disposal cy 180 50.00$ 9,000.00$ Topsoil cy 50 30.00$ 1,500.00$ 4" Perforated PVC lf 145 23.50$ 3,407.50$ 6" Solid PVC lf 48 30.00$ 1,440.00$ Cleanout ea 7 250.00$ 1,750.00$ Dry well ea 1 2,100.00$ 2,100.00$ 24,477.50$ Pavements Concrete pavement sf 1352 9.00$ 12,168.00$ Concrete curb lf 202 22.00$ 4,444.00$ 16,612.00$ Landscaping Deciduous tree (2-1/2" cal)ea 8 800.00$ 6,400.00$ Deciduous shrub (#5)ea 91 50.00$ 4,550.00$ Deciduous shrub (#3)ea 65 30.00$ 1,950.00$ Groundcover (#3)ea 59 30.00$ 1,770.00$ Seed sf 1570 1.00$ 1,570.00$ 16,240.00$ Play equipment Custom play structure ls 1 9,756.25$ 9,756.25$ Swings ls 1 2,338.00$ 2,338.00$ Play equipment shipping ls 1 430.00$ 430.00$ Hardwood mulch surfacing sf 1317 3.50$ 4,609.50$ Rubber mat ea 1 250.00$ 250.00$ 17,383.75$ Furnishings Bench ea 4 1,557.00$ 6,228.00$ Picnic table ea 1 2,491.50$ 2,491.50$ Bench and picnic table shipping ls 1 635.00$ 635.00$ Welded wire panel fence on E & W lf 68 60.00$ 4,080.00$ Welded wire panel fence on N & S 1f 171 60.00$ 10,260.00$ Panel gate ea 2 1,000.00$ 2,000.00$ Park sign ea 1 2,500.00$ 2,500.00$ 28,194.50$ Artwork 1 $2,000.00 $2,000.00 $2,000 Donor Recognition $2,000.00 $2,000.00 $2,000 A/E / PM Services Topographic survey ls 1 1,450.00$ 1,450.00$ PAID OUT ALREADY Environmental testing and monitoring ls 1 4,935.00$ 4,935.00$ PAID OUT ALREADY Design ls 1 -$ -$ Bid advertisements / reproduction ls 1 1,500.00$ 1,500.00$ 7,885.00$ Maintenance Watering - first two summers $7,000.00 $7,000.00 $7,000 General conditions Bonds and insurance (2.5%)ls 1 2,656.63$ 2,656.63$ General contractor's fee (5.0%)ls 1 5,313.26$ 5,313.26$ 7,969.89$ Subtotal 133,120.14$ 133,120.14$ Contingency (10%)13,312.01$ 13,312.01$ Total construction / design $146,432.15 146,432.16$ Property purchase 70,000.00$ 70,000.00$ 12-14-12 check set 1 7/18/2013161 of 731 Grandmother Park Cost Estimate Attachment A 5/12/2013 Item Unit Quantity Unit Cost Total Category Totals Misc. fees ^& interest from Openlands 22,289.00$ $19,146,85 PAID OUT ALREADY Total Base Project Cost 238,721.15$ 238,721.15$ 213,189.30 BAlANCE 12-14-12 check set 2 7/18/2013162 of 731 CH01/ 25558038.2 7/18/13 05:51 PM 6 Exhibit B GPI Attachment B 163 of 731 Attachment B Grandmother Park Initiative Fund Raising Summary 5/2/2013 Change 5/23/2013 7/18/2013 Raised Individuals - Secured $109,201.04 $3,670.00 $112,871.04 $116,756.00 Individuals - Outstanding Pledges $2,500.00 $0.00 $2,500.00 $2,500.00 Grants - Secured $77,100.00 $5,000.00 $82,100.00 $82,100.00 Grants - Outstanding Pledges $68,500.00 ($5,000.00)$63,500.00 $68,500.00 Total Raised $257,301.04 $3,670.00 $260,971.04 $269,856.00 Expenses to Date GPI Expenses ($35,755.70)($1,236.40)($36,992.10)($36,992.10) EPF Disbursements ($7,500.00)$0.00 ($7,500.00)($7,500.00) Total Expenses ($43,255.70)($1,236.40)($44,492.10)($44,492.10) $0.00 Cash in Accounts $0.00 Parks Foundation $15,568.00 $0.00 $15,568.00 $0.00 Initiaitave Account $127,477.34 $7,433.60 $134,910.94 $158,364.00 Total Cash $143,045.34 $7,433.60 $150,478.94 $158,364.00 $0.00 City Contribution $67,000.00 $67,000.00 Expenses incurred/paid $44,492.10 $44,492.10 $0.00 Total Cash Raised $261,971.04 $269,856.00 164 of 731       July  18,  2013       Dear  Mayor  and  Members  of  the  Council,     After  an  initial  review  of  the  three  bids  for  development  of  Grandmother  Park,  the  Initiative  would   like  to  award  the  contract  and  disperse  funds  raised  by  the  Initiative  to  Nature’s  Perspective   despite  their  being  the  second  lowest  bidder.     Though  we  know  the  Council  takes  great  pride  in  our  community  project,  in  the  grand  scheme  of   things  this  is  another  agenda  item  and  another  bid  to  award.    Founding  members  of  the  Initiative   have  worked  for  five  years  starting  from  nothing  more  than  an  idea  between  two  grandmothers.     Because  this  is  the  culmination  of  all  our  work  we’d  like  to  draw  on  the  long-­‐term  relationship   between  our  community  and  Nature’s  Perspective,  which  predates  the  Initiative  itself:     ¥ In  April  of  2008  the  community  and  Nature’s  Perspective  used  neighborhood  improvement   funds  to  add  corner  planters  throughout  the  area.   ¥ In  March  of  2009,  a  year  before  eventually  presenting  to  City  Council,  Nature’s  Perspective   donated  plans  to  develop  a  park  on  the  initial  property  we  pursued  at  1111  Darrow.   ¥ In  April  of  2009  we  expanded  use  of  the  fund  to  improve  six  cul-­‐de-­‐sacs.   ¥ After  learning  the  neighborhood  fund  had  not  generated  the  expected  revenue  to  pay  for   corner  and  cul-­‐de-­‐sac  maintenance,  Nature’s  Perspective  agreed  to  donate  maintenance.   ¥ In  2012  Nature’s  Perspective  and  Grandmother  Park  won  third  place  in  the  Community   Participation  category  of  the  Fourth  of  July  Parade.       For  the  Initiative  and  the  community,  working  with  a  long-­‐term  partner  gives  us  confidence  in  a   success  after  a  five-­‐year  endeavor.    Thank  you  for  believing  in  us  in  2010  and  making  this   achievement  possible.    We  look  forward  to  seeing  you  all  at  our  ground  breaking.     Sincerely,         Adam  Finlayson   Treasurer,  Grandmother  Park  Initiative   165 of 731 Page 1 of 2 For City Council meeting of June 10, 2013 Item A4 Resolution 36-R-13 For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Grant Farrar, City Attorney Subject: Amendment of Grandmother Park Agreement Date: May 28, 2013 Recommended Action: 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 this park according to estimates reviewed by City and Grandmother Park representatives. Funding Source: Funding raised for this project is $256,971 and will be provided from: 1. $50,000 from the Economic Development Fund per the 2010 resolution. 2. $12,000 from CDBG funds as approved by the Housing and Community Development Act Committee. 3. $194,971 from GPI fund raising. Summary: In June 2010 the City approved a resolution and agreement with GPI outlining the development of a park at 1125 Dewey through a combined effort of community fund raising, grants and City funding. Over the past three years, GPI and City staff have worked to fulfill the terms of the fund raising portion of the agreement. Even though the City and GPI were unsuccessful in receiving an OSLAD grant to fund the project, GPI representatives raised enough funds to move the project forward. As noted in Exhibit B of the Memo of Understanding, the total revised project is estimated at $238,721. This estimate includes a contingency of 10% for construction costs to cover any unforeseen issues at the site, as well as $7,000 for maintenance costs for the first two years of operations. Memorandum 166 of 731 Page 2 of 2 The fund raising effort has been a tremendous community success, bringing funds from residents and businesses alike, and bringing in-kind donations as well. Exhibit A is a brief summary of the fund raising effort. Also attached is a letter from GPI regarding their fund raising efforts. To further this community effort GPI would like to complete this effort using a local Evanston firm as the General Contractor, Nature’s Perspective. Please note the following with respect to this request: 1. All City and CDBG funds are designated for the purchase of land, and are not involved with the actual construction. 2. All phases of the construction will be monitored by City staff and in effect will be approved as if this were a private development, being donated to the City once completed. Contract payments will only be made after City staff approval of each phase of construction. 3. GPI has included $2,656.63 for bonds and insurance and $1,500 for bidding costs, both of which could be avoided by proceeding with this request. Nature’s Perspective as the General Contractor would still be required to present the City with insurance documentation in the same manner as if this was a normally bid contract. 4. City staff has provided the specifications for all construction and equipment that must be used at the site to ensure park standards are met. GPI representatives will be in attendance to answer questions regarding their fundraising and involvement in the construction process itself. Legislative History Resolution 46-R-10 2010 GPI agreement ------------------------------------------------------------------------------------- Attachments: Resolution 36-R-13 Memorandum of Understanding GPI Summary Letter 167 of 731 168 of 731 169 of 731 170 of 731 171 of 731 172 of 731 173 of 731 174 of 731 175 of 731 176 of 731 177 of 731 178 of 731 179 of 731 180 of 731 www.grandmotherpark.org 1801 Crain Street, Evanston, Illinois 60202 847.475.5159 Grandmother Park Initiative Grandmother Park Initiative Board of Directors: Lorraine H. Morton, Honorary Chair Gay Riseborough, President Adam Finlayson, Treasurer Jen Goldstein, Secretary Dorothy Dare Rachel Levine Mary Trujillo MaryJo Wisniewski Barbara Eckel Advisory Board: Don Baker John J. Cahill, Sr. Julie Cutter Ellen Galland Ari Goldstein Jennifer Kalas Margaret Lurie Jill Schoenwetter Michael Slater Jenni Suvari June 1, 2013 To the Evanston City Council: It is with great pleasure and deep satisfaction that we announce the completion of our fundraising goal for Grandmother Park. We started this project four years ago with nothing more than the recognition of a need in our community. Over the past several years, our board members have worked tirelessly to make this park a reality for our neighbors and for all Evanston families. We are thrilled that this park will be a gift to the City of Evanston. Our thanks go to several individuals at the City – Stefanie Levine, Marty Lyons, our wonderful former alderman now-Judge Lionel Jean-Baptiste, our wonderful current alderman Peter Braithwaite, Paul D'Agostino, and last – but certainly not least -- Her Honor Mayor Elizabeth Tisdahl. Thanks also go to our hard-working and thoughtful, supportive City Council. We are lucky to have such intelligent, devoted public servants guiding policy in our city. We have received incredible community support, from area businesses, national, local and family foundations and well as from over 275 individuals, ranging from Evanston residents to friends on both coasts. Our Board members have been physically embraced in the neighborhood of the park! Everyone is eager for Grandmother Park to happen. We are very excited to come before you tonight for permission to begin construction! Gay Riseborough, President and the Board of Directors of Grandmother Park Initiative 181 of 731 For City Council meeting of July 22, 2013 Item A4 Business of the City by Motion: Amendment to Agreement for Purchase of Natural Gas For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Subject: Approval of an Amendment to the Agency Agreement for the Management of the Natural Gas Purchase and an Amendment to the Agreement for the Purchase of Natural Gas for 16 City Owned Buildings. Date: July 11, 2013 Recommended Action: Staff recommends that the City Council authorize the City Manager to negotiate and execute Amendment 1 to the Agency Agreement with Northwestern University for the management of the natural gas purchase. The amendment would extend the term of the agreement through August 31, 2015. Staff also recommends that the City Council authorize the City Manager to negotiate and execute Amendment 5 to the agreement with Twin Eagle Resource Management, LLC (5120 Woodway, Suite 10010, Houston, TX 77056) for the purchase of natural gas for 16 City owned buildings when the strike price is below $5.00 per MMBTU. The amended term of the agreement would be effective September 1, 2015 through August 31, 2016. Funding Source: The cost for natural gas is billed to the various accounts that support the buildings that are purchasing natural gas through this contract. Please see attached Exhibit 1 that lists the buildings being served by this agreement and the accounts that are being charged. Northwestern University will administer the natural gas purchase for the City at no additional cost. Background: On April 12, 2011 the City Council authorized the City Manager to execute an Agency Agreement between the City and Northwestern University to manage the City’s natural gas purchase for 16 City owned buildings through October 31, 2013. Council also authorized the City Manager to negotiate and execute an agreement and two amendments with Twin Eagle Resource Management for the procurement of natural gas for these buildings. Memorandum 182 of 731 The term of the original agreement was from May 1, 2011 through October 31, 2011 for a purchase price set equal to the first of the month Index via Chicago Citygate as published by Natural Gas Institute’s (NGI) Bidweek Survey, plus an administrative fee of $0.0040 per therm. Amendment 1 set a purchase price of $5.30 per MMBTU for the period November 2011 through August 2012. Amendment 2 set a purchase price of $5.475 per MMBTU for the period September 2012 through August 2013. City Council authorized the City Manager to execute Amendment 3 on January 9, 2012. This amendment set a purchase price of $4.49 per MMBTU for the period September 2013 through August 2014. Approval to execute Amendment 4 was provided on April 1, 2013 setting a purchase price of $4.76 per MMBTU for the period September 2014 through August 2015. Exhibit 2 indicates the conditions of the agreements with Twin Eagle for the purchase of natural gas Analysis: Purchasing natural gas in conjunction with Northwestern has been advantageous to the City for several reasons. As one of the largest purchasers of natural gas in Illinois, Northwestern watches the gas market closely and purchases gas at opportunistic pricing based on advice provided to them from the supplier that they have worked with for nearly twenty years. Natural gas prices continue to be at or near historic low prices. In order to be prepared to purchase gas in conjunction with Northwestern, staff is recommending that the City lock into a fixed price for natural gas to be supplied between September 1, 2015 and August 31, 2016 when the purchase price is at or below $5.00 per MMBTU. Similar to the current agreement, the City would lock in a fixed price for seventy percent (70%) of its anticipated monthly gas use. The remaining monthly gas supply requirement would be purchased at the first of the month index via Chicago Citygate as publis hed by NGI’s Bidweek Survey, plus an administrative fee of $0.0040 per therm. If the index price is too high, withdrawal of previously purchased natural gas from storage would occur. Legislative History: The City Council authorized the City Manager to execute an agreement and amendments 1 & 2 with Twin Eagle Resource Management, LLC and an Agency Agreement with Northwestern University on April 12, 2011. The City Council authorized the City Manager to execute amendment 3 with Twin Eagle Resource Management, LLC on January 9, 2012. The City Council authorized the City Manager to execute amendment 4 with Twin Eagle Resource Management, LLC on April 1, 2013. Attachments: Exhibit 1 – City Owned Buildings to be supplied with Natural Gas under the proposed agreement with Twin Eagle Resource Management 183 of 731 Exhibit 2 – Conditions of the Agreements for the Purchase of Natural Gas Proposed Amendment No. 1 to the Agency Agreement with Northwestern University Proposed Amendment No. 5 Twin Eagle Resource Management, LLC 184 of 731 185 of 731 186 of 731 187 of 731 188 of 731 For City Council meeting of July 22, 2013 Item A5 Resolution 46-R-13 1223 Simpson Street Apartment Lease Renewal For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Jim Maiworm, Assistant Director of Public Works, Operations & Maint. Subject: Resolution 46-R-13, 1223 Simpson street boiler room apartment lease Renewal Date: July 22, 2013 Recommended Action: Staff recommends approval of Resolution 46-R-13, authorizing the City Manager to execute a lease between the City of Evanston and Norma and Nolan Robinson for the Apartment located at 1223 Simpson Street for the period August 1, 2013 to July 31, 2014 Summary: Since 2005, the City of Evanston has had a lease with Nolan and Norma Robinson for the rental of the Boiler room Apartment. The current lease agreement ends on July 31, 2013. The Robinsons have been tenants of the Boiler Apartment in good standing. As the rental amount has been consistent for the past several year’s staff conducted a city-wide analysis of what comparable bedroom size and square footage apartments were being offered at. Staff discovered that apartments of this size and type are offered in the range of $1,050 to $1,550 per month. The current rent for the Boiler Room Apartment is $1,300 which is the midpoint of what the market rate appears to be in Evanston Staff recommends keeping the rent consistent at $1,300 per month for this current lease period. Attachment: Resolution 46-R-13 Memorandum 189 of 731 7/16/2013 46-R-13 A RESOLUTION Authorizing the City Manager to Execute a Lease Agreement by and between the City and Norma and Nolan Robinson for the Apartment Located at 1223 Simpson Street WHEREAS, the City of Evanston owns certain real property commonly known as 1223 Simpson Street, in Evanston, Illinois (the “Property”); and WHEREAS, the 1223 Simpson Street property is improved with a structure containing a residential apartment unit and one of the City’s boiler units below the apartment; and WHEREAS, Norma and Nolan Robinson currently lease said apartment pursuant to a one-year lease agreement (August 1, 2012 – July 31, 2013), which was authorized by Council pursuant to Resolution 17-R-13; and WHEREAS, the Robinsons have proposed to execute a new one-year lease agreement for the apartment; and WHEREAS, the Robinsons are up-to-date on their rent payments; and WHEREAS, the City Council has determined that said apartment is not required for the use by the City, and that the best interest of the citizens of the City would be served by the leasing of said apartment to the Robinsons, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are found as fact and made a part hereof. 190 of 731 46-R-13 ~2~ SECTION 2: That 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 of Evanston, a lease by and between the City of Evanston, as lessor, and Norma and Nolan Robinson, as lessees, for the apartment located at 1223 Simpson Street, Evanston, Illinois. The lease shall be for the period from August 1, 2013, through July 31, 2014, at a monthly rental of One thousand three hundred and no/100 dollars ($1,300.00). Such lease shall be in substantial conformity with the lease marked as Exhibit 1, attached hereto and incorporated herein by reference. SECTION 3: That the City Manager is hereby authorized and directed to negotiate any additional terms and conditions of the lease as may be determined to be in the best interests of the City. SECTION 4: That this Resolution 46-R-13 shall be in full force and effect from and after the date of its passage and approval in the manner required by law. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2013 191 of 731 46-R-13 ~3~ EXHIBIT 1 Lease by and between the City of Evanston and Norma and Nolan Robinson for the Apartment Located at 1223 Simpson Street for the Period of August 1, 2013 through July 31, 2014 192 of 731 193 of 731 194 of 731 195 of 731 For City Council Meeting of July 22, 2013 Item A6 Ordinance 57-O-13: Amending Title 10 Regarding Electric Vehicle Charging Stations For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Rickey A. Voss, Parking/Revenue Manager Subject: Ordinance 57-O-13 Amending Title 10 to Regulate Parking in Electric Vehicle Charging Stations Date: June 26, 2013 Recommended Action: Staff recommends that the City Council City consider amending Title 10, Motor Vehicles and Traffic: Chapter 1, Section 3: Definitions by adding Plug-In Hybrid Electric Vehicle and All Electric Vehicles; Chapter 4, adding Section 19. Restricted use of Electric Vehicle Charging Stations; Chapter 11, Section 17(I) 3: Parking Violation Penalties. Funding Source: N/A Discussion: With the addition of both private and public electric vehicle charging stations, staff recommends that City Code be amended to include the following definitions, parking restriction and penalties. Electric Vehicle: A motor vehicle propelled by electric motors(s) powered by rechargeable battery packs, or another energy storage device, that can be recharged by connecting a plug to an off -board electric power source. This definition shall include Plug-in Electric Vehicles and Plug-in Hybrid Electric Vehicles. Electric Vehicle Charging Station: A parking stall or space containing or adjacent to an electric power charging source designed to connect to and recharge an Electric Vehicle, and designated by sign to be an Electric Vehicle Charging Station. Memorandum 196 of 731 2 A person shall not park, block or otherwise bar access to parking stalls or spaces designated as electric vehicle charging stations unless the vehicle is connected for electric charging purposes. A fine of fifty-five dollars ($55.00) plus fifty dollars ($50.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability. Attachment: Ordinance 57-O-13 197 of 731 6/14/2013 57-O-13 AN ORDINANCE Amending City Code Title 10 to Regulate Parking In Electric Vehicle Charging Stations NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 10-1-3, “Definitions” of the General Traffic Provisions of the Evanston City Code of 2012, as amended (“City Code”), is hereby further amended to include the following: Electric Vehicle A motor vehicle propelled by electric motor(s) powered by rechargeable battery packs, or another energy storage device, that can be recharged by connecting a plug to an off-board electric power source. This definition shall include Plug-in Electric Vehicles and Plug-in Hybrid Electric Vehicles. Electric Vehicle Charging Station A parking stall or space containing or adjacent to an electric power charging source designed to connect to and recharge an Electric Vehicle, and designated by sign to be an Electric Vehicle Charging Station. SECTION 2: Title 10, Chapter 4 of the City Code is hereby further amended by the enactment of a new Section 19 thereof, to read as follows: 10-4-19: PARKING IN ELECTRIC VEHICLE CHARGING STATIONS: (A) No person shall park or stand a vehicle in, or otherwise block or bar access to, any Electric Vehicle Charging Station except to park an Electric Vehicle therein and recharge it with the provided electric power source. (B) Nothing in this Section shall be construed to excuse any person who parks lawfully in an Electric Vehicle Charging Station from obeying posted parking restrictions and/or paying parking meters. SECTION 3: Subsection (I) of City Code Section 10-11-17, “Schedule XVII; Parking Violation Penalties,” is hereby further amended to read as follows: (I) Fine of fifty-five dollars ($55.00) plus fifty dollars ($50.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability: 198 of 731 57-O-13 ~2~ SCHEDULE XVII (I): PARKING VIOLATION PENALTIES 1. Parked within 15 feet of a fire hydrant 10-4-1(B)2 2. Parked in front of or within 8 feet of driveway 10-4-1(B)1 3. Parked in or blocking an Electric Vehicle Charging Station 10-4-19 SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 6: The findings and recitals 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 7: 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 199 of 731 For City Council Meeting of July 22, 2013 Item A7 Ordinance 79-O-13: Amending Title 10 Regarding Taxicab Stands or Zones For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Rickey A. Voss, Parking/Revenue Manager Subject: Ordinance 79-O-13, amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 7(B): Loading Zones and Title 10, Motor Vehicles and Traffic, Chapter 11, Section 7(D): Taxicab Stands or Zones. Date: June 25, 2013 Recommended Action: The Transportation and Parking Committee and staff recommend that the City Council City consider amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 7(B): Loading Zones and Title 10, Motor Vehicles and Traffic, Chapter 11, Section 7(D): Taxicab Stands or Zones. Funding Source: N/A Discussion: The Music Institute of Chicago (MIC) has decided to relocate its headquarters, school, therapy programming, as well as a black box theatre to 1702 Sherman Avenue (lower level of the former Marshall Field’s building). As a result a need for a pick-off and drop- off zone for students and visitors to this facility has been identified. Currently the space directly in front of this property is reserved for a two cab stand. The amendment would replace the existing cab stand with a three (3) minute Passenger Loading Zone. The cab stand would be relocated to the 1600 block of Oak Avenue to support demand for cabs created by the addition of two restaurants/entertainment venues: Smylie Brothers Brewing Company, (1615 Oak Avenue) and 27 Live (1012 Church Street). The concert portion of 27 Live opened in late 2012 and the restaurant portion is expected to open later this year. Smylie Brothers Brewing Company is a brew-pub that is expected to open later this fall. There is a significantly high likelihood that patrons of both establishments will generate demand for cabs. Memorandum 200 of 731 2 It is noteworthy to highlight that Smylie Brothers Brewing Company is also seeking to remove the curb cuts at 1615 Oak Avenue, which will permit the City to restore at least two metered parallel parking spaces on the east side of Oak Avenue. Smylie Brothers Brewing Company indicated that the removal of the parking at the front of the property was pertinent to both maintenance of a safe entrance to the property for pedestrians as well as the creation of outdoor dining space at the front of the property. Legislative History: The Transportation/Parking Committee recommended approval at the May 22, 2013 meeting. --------------------------------------------------------------------- Attachment: Ordinance 79-O-13 201 of 731 6/25/2013 79-O-13 AN ORDINANCE Amending City Code Section 10-11-7, Schedule VII, “Passenger Loading Zones, Public Carrier Stops and Stands,” to add a loading zone and delete a taxi cab stand for Sherman Avenue and add a taxi cab stand for Oak Avenue NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 10-11-7(B), Schedule VII(B), “Loading Zones,” of the Evanston City Code of 2012, as amended, is hereby further amended by adding the following: Sherman Avenue West side, from a point 30 feet north of north crosswalk of Church Street to a point 40 feet north thereof SECTION 2: Section 10-11-7(D), Schedule VII(D), “Taxicab Stands or Zones,” of the Evanston City Code of 2012, as amended, is hereby further amended by deleting the following: Sherman Avenue West side, from a point 30 feet north or north crosswalk of Church Street to a point 40 feet north thereof SECTION 3: Section 10-11-7(D), Schedule VII(D), “Taxicab Stands or Zones,” of the Evanston City Code of 2012, as amended, is hereby further amended by adding the following: Oak Avenue East side, from a point 81 feet south of crosswalk of Church Street for a distance of 40 feet, 20 cabs 202 of 731 79-O-13 ~2~ 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 79-O-13 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 7: If any provision of this Ordinance 79-O-13 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 79-O-13 that can be given effect without the invalid application or provision, and each invalid application of this Ordinance 79-O-13 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 203 of 731 For City Council Meeting of July 22, 2013 Item A8 Ordinance 81-O-13: Amending Title 10 Adding Resident Only Parking District For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Rickey A. Voss, Parking/Revenue Manager Subject: Ordinance 81-O-13 Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 22: Evanston Resident Only Parking Date: June 26, 2013 Recommended Action: Staff recommends that the City Council City consider amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 22: Evanston Resident Only Parking District adding subsection (B) District E-2: Six o'clock (6:00) P.M. to six o'clock (6:00) A.M., seven (7) days a week in the area north of Howard Street to the Chicago Transit Authority (CTA) tracks and east of Ridge Avenue to include Custer Avenue. Funding Source: N/A Discussion: On March 21, 2013 a neighborhood meeting was held at the Howard Street Outpost primarily to discuss parking congestion in the area bordered by Howard Street north to the CTA tracks and east of Ridge Avenue to Custer. Attendees were provided parking survey information for Brummel Street, Dobson Street and Elmwood Avenue which indicated that the area was greatly impacted by parkers that did not reside in the area. The two (2) surveys were conducted in August 2012 (Dobson) and October 2012 (Brummel) at the request of Alderman Rainey. The surveys indicated that there were a number of two (2) hour periods that exceeded an 80% occupancy rate after six o’clock (6:00) P.M. Staff advised the attendees that a residential permit district could be established and recommended that an Evanston Resident Only Parking District (EVS) be instituted from six o’clock (6:00) P.M. to six o’clock (6:00) A.M. to relieve the congested overnight parking. Attendees asked that Custer Avenue be surveyed to see if that area could be included in the district. An additional survey of Custer Avenue was conducted the week of March 26, 2013. The results were similar to that of the previous surveys in that there were a number of periods that exceeded 80% occupancy rate after six o’clock (6:00) P.M. Memorandum 204 of 731 2 Out of the 724 different license plates recorded during the surveys 34% did not register to Evanston. Based on the study and in accord with City Ordinance 10-5-4-2(B)4a and 4b, the requirement of vehicles parked during any two (2) consecutive hours impacting an area must be equal to or greater than 70% and commuter vehicles impacting an area must be equal to or greater than 30% . The area does meet the minimum requirement of the ordinance to be considered impacted. A postcard survey was conducted from May 31, 2013 to June 14, 2013 to ascertain if there was ample support for the proposed EVS district. 602 letters with return cards were mailed with 120 responding. Of those residents responding, 88 (73%) were in favor of the new district and 32 (27%) were opposed. --------------------------------------------------------------------- Attachment: Ordinance 81-O-13 205 of 731 7/1/2013 81818181----OOOO----13131313 AN ORDINANCEAN ORDINANCEAN ORDINANCEAN ORDINANCE Enacting a NewEnacting a NewEnacting a NewEnacting a New City Code City Code City Code City Code SSSSubsubsubsubsection ection ection ection 10101010----11111111----22222222----(B)(B)(B)(B) To Create an To Create an To Create an To Create an Evanston ResidentEvanston ResidentEvanston ResidentEvanston Resident----Only Parking DistrictOnly Parking DistrictOnly Parking DistrictOnly Parking District NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 10-11-22 of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 10-11-22: SCHEDULE XXII; EVANSTON RESIDENT ONLY PARKING DISTRICTS: In accordance with Subsection 10-4-5-2(C) of this Title, parking upon the streets and public ways of the district shall be prohibited during the days and times listed by all vehicles not bearing a valid permit for the district, as hereinafter described: (A) District E-1: 7:00 a.m. to 9:00 a.m., Monday through Friday: SCHEDULE XXII (A): EVANSTON RESIDENT ONLY PARKING DISTRICTS Custer Avenue West side Main Street to alley south of Reba Place Elmwood Avenue Both sides Main Street to alley south of Reba Place Madison Street Both sides Ridge Avenue to Custer Avenue Monroe Street Both sides Ridge Avenue to Custer Avenue Reba Place Both sides Ridge Avenue to Custer Avenue Sherman Avenue Both sides Main Street to alley south of Reba Place Washington Street Both sides Ridge Avenue to a point 100 feet west of Custer Avenue Those residents having an address on the streets or portions of streets described above are eligible to obtain a permit for District E-1 in accordance with the regulations contained in Subsection 10-4-5- 2(C) of this Title. (B) District E-2: 6:00 p.m. to 6:00 a.m., daily. SCHEDULE XXII (B): EVANSTON RESIDENT ONLY PARKING DISTRICTS Custer Avenue Both sides Alley north of Howard Street to the CTA tracks Elmwood Avenue Both sides Howard Street to dead end Brummel Street Both sides Ridge Avenue to Custer Avenue Dobson Street Both sides Ridge Avenue to Custer Avenue 206 of 731 81-O-13 ~2~ Those residents having an address on the streets or portions of streets described above are eligible to obtain a permit for District E-2 in accordance with the regulations contained in Subsection 10-4-5- 2(C) of this Title. SECTION 2: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Complied Statues and the courts of the State of Illinois. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 207 of 731 For City Council Meeting of July 22, 2013 Item A9 Ordinance 82-O-13: Amending Title 10 Two-Hour Parking on Hurd Avenue For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Rickey A. Voss, Parking/Revenue Manager Subject: Ordinance 82-O-13 Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 10(C) for Two-hour Parking on Hurd Avenue Date: June 26, 2013 Recommended Action: Staff recommends that the City Council consider amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 10(C) by adding both sides of Hurd Avenue from the south alley of Central Street to the north alley of Central Street as limited two-hour parking between the hours of nine o’clock (9:00) A.M. and six o’clock (6:00) P.M. on any day except Sunday and national holidays. Funding Source: N/A Discussion: At the request of Alderman Tendam the Transportation/Parking Committee was asked to consider creating a two-hour limited parking area on both sides of Hurd Avenue from the south alley of Central Street to the north alley of Central Street as the area is over parked by employees of local businesses and vehicles scheduled for repairs at the local auto repair shop located on the northwest corner of Central Street and Hurd Avenue. The two-hour parking restriction will create flexibility in parking for customers who frequent the neighboring business district. Surveys conducted in 2011 to create a residential permit parking district on Hurd Avenue from Harrison Street to the south alley of Central Street revealed that north of the alley to Central Street was impacted with an average occupancy rate of 80% between the hours of nine o’clock (9:00) A.M. and six o’clock (6:00) P.M. An additional survey was conducted on Hurd Avenue from Central Street to the first east/west alley with an average of occupancy rate of 73%. Attachment: Ordinance 82-O-13 Memorandum 208 of 731 7/1/2013 88882222----OOOO----13131313 AN ORDINANCEAN ORDINANCEAN ORDINANCEAN ORDINANCE Amending Amending Amending Amending City CodeCity CodeCity CodeCity Code Section Section Section Section 10101010----11111111----10, Schedule X(C),10, Schedule X(C),10, Schedule X(C),10, Schedule X(C), to to to to ImposeImposeImposeImpose TwoTwoTwoTwo----Hour Parking on Hurd AvenueHour Parking on Hurd AvenueHour Parking on Hurd AvenueHour Parking on Hurd Avenue Between the Alleys Immediately Adjacent to Central StreetBetween the Alleys Immediately Adjacent to Central StreetBetween the Alleys Immediately Adjacent to Central StreetBetween the Alleys Immediately Adjacent to Central Street NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 10-11-10, Schedule X(C) of the Evanston City Code of 2012, as amended, which limits parking on certain City streets to two (2)-hour periods between 9:00 a.m. and 6:00 p.m. on days other than Sundays and national holidays, is hereby further amended to include the following: Hurd Avenue Both sides, alley south of Central Street to alley north of Central Street SECTION 2: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Complied Statues and the courts of the State of Illinois. SECTION 3: 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. 209 of 731 82-O-13 ~2~ 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 210 of 731 For City Council meeting of July 22, 2013 Item A10 Ordinance 83-0-13: Real Estate Transfer Tax For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Rodney Greene, City Clerk Subject: Ordinance 83-O-13, Amending Sections 3-25-1 and 3-25-6 Regarding Real Estate Transfer Tax Date: July 12, 2013 Recommended Action: City Clerk recommends approval of Ordinance 83-O-13 to amend Sections 3-25-1 and 3-25-6 of the Real Estate Transfer Tax. Summary: Ordinance 83-O-13 seeks to amend Evanston City Code Section 3-25-1 “Definitions”, to add a definition of the terms “Mortgagee and Secured Creditor”. The definition is necessary to clarify parties which can be classified as mortgagee and secured creditor for purposes of a real estate transfer tax exemption. Our current Code language uses the general term “person”, which is defined as a variety of th ings, including, but not limited to, any natural person, firm or company. It does not specifically include lenders or mortgagees in this definition. The Ordinance also proposes to amend one of the exempt transactions subsections, 3- 25-6(g), in order to exclude parties that are not mortgagees or secured creditors from the benefit of the exemption. This amendment would prohibit parties, like investors, from purchasing the loans or mortgages from lenders for the primary purpose of acquiring the real estate without paying the appropriate taxes. Legislative History: n/a Attachments: Ordinance 83-O-13 Memorandum 211 of 731 7/10/2013 83-O-13 AN ORDINANCE Amending Sections 3-25-1 and 3-25-6 of the City Code regarding Real Estate Transfer Tax NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 3-25-1 “Definitions” of the Real Estate Transfer Tax Section of the Evanston City Code, 2012, as amended, is hereby amended to add the following definition for references to “Mortgagee” and “Secured Creditor”: Mortgagee and Secured Creditor. The terms shall mean a lender, such as a bank, credit union, mortgage company or other person who acquires a mortgage or other instrument of transfer primarily for the purpose of securing a loan, and not primarily for the purpose of acquiring the real property or beneficial interest in real property that is the subject of the mortgage or other instrument of transfer. SECTION 2: Section 3-25-6 (G) “Exempt Transactions” of the Real Estate Transfer Tax Code Section of the Evanston City Code, 2012, as amended, is hereby amended to read as follows: (G) Transactions in which the deeds are releases of property which is security for a debt or other obligation; provided, however, that any transfer must be to a mortgagee or secured creditor; SECTION 3: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 4: All ordinances or parts of ordinances in conflict herewith are 212 of 731 83-O-13 ~2~ hereby repealed. SECTION 5: This Ordinance 83-O-13 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: If any provision of this Ordinance 83-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 this Ordinance 83-O-13 that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance 83-O-13 is severable. Introduced: _________________, 2013 Adopted: ___________________, 201 3 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 213 of 731 For City Council Meeting of July 22, 2013 Item A11 Ordinance 77-O-13: Authorizing the Sale of Surplus Fleet Vehicle 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 Lonnie Jeschke, CPFP, Manager Fleet Services Subject: Ordinance 77-O-13, Authorizing Sale of Surplus Vehicles Date: July 17, 2013 Recommended Action: Staff recommends that City Council authorize the City Manager to publicly offer for sale various vehicles and equipment owned by the city through public auction based on Ordinance 77-O-13. The vehicles are presently out of service. This ordinance was introduced at the July 8, 2013 City Council meeting. 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 214 of 731 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) 215 of 731 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. 216 of 731 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 217 of 731 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 218 of 731 For City Council meeting of July 22, 2013 Item A12 Ordinance 84-O-13: General Obligation Bond Issue for FY 2013 For Action 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. This ordinance was introduced at the July 8, 2013 City Council meeting. 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 Memorandum 219 of 731 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 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 Adopte d 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 220 of 731 the Special Assessment Fund. The proposed bond proceeds will be used to partially offset 2013 City alley paving costs. 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. 221 of 731 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 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 222 of 731 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 12,636,000 223 of 731 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. 224 of 731 -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 ..............................................................30 225 of 731 -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 226 of 731 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 227 of 731 -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. 228 of 731 -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. 229 of 731 -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. 230 of 731 -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. 231 of 731 -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 232 of 731 -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 233 of 731 -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 234 of 731 -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 235 of 731 -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 236 of 731 -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 237 of 731 -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 238 of 731 -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 239 of 731 -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 240 of 731 -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 241 of 731 -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 242 of 731 -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 243 of 731 -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. 244 of 731 -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 245 of 731 -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. 246 of 731 -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] 247 of 731 -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 248 of 731 -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. 249 of 731 -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 250 of 731 -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: 251 of 731 -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 252 of 731 -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 253 of 731 -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 254 of 731 -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 255 of 731 -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: 256 of 731 -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 257 of 731 -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 258 of 731 -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 259 of 731 -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 260 of 731 -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 261 of 731 -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. 262 of 731 -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 263 of 731 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: 264 of 731 -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] 265 of 731 -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 266 of 731 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 267 of 731 -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] 268 of 731 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: 269 of 731 -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] 270 of 731 -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 271 of 731 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 272 of 731 -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] 273 of 731 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] 274 of 731 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] 275 of 731 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 276 of 731 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. 277 of 731 - 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. 278 of 731 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 279 of 731 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  280 of 731 - 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 281 of 731 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. 282 of 731 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 283 of 731 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. 284 of 731 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 285 of 731 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. 286 of 731 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. 287 of 731 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. 288 of 731 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 289 of 731 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 290 of 731 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 77,836,668 291 of 731 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. 292 of 731 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. 293 of 731 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). 294 of 731 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. 295 of 731 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. 296 of 731 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. 297 of 731 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. 298 of 731 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.) 299 of 731 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.) 300 of 731 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 301 of 731 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. 302 of 731 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 303 of 731 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.) 304 of 731 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. 305 of 731 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 306 of 731 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 307 of 731 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. 308 of 731 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 309 of 731 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. 310 of 731 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. 311 of 731 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 312 of 731 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, July 22, 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 JULY 8, 2013 III. ITEMS FOR CONSIDERATION (P1) 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 recommended by th e Mayor’s Task Force on Homelessness in 2012. The additional information on outcome measurements and program administration requested by aldermen is in the attached memo from Connections for the Homeless. This item was held in Committee on July 8, 2013. For Action (P2) Resolution 44-R-13, Authorizing a Termination and Restatement of Obligations Regarding the Church Street Plaza Development Staff recommends that the City Council adopt Resolution 44-R-13 authorizing the City Manager to execute a termination and restatement of surviving obligations regarding the Church Street Plaza Redevelopment Agreement. For Action 313 of 731 Planning & Development Committee Meeting Agenda Page 2 of 2 July 22, 2013 The Plan Commission, Zoning Board of Appeals, and City staff recommend the adoption of either Ordinance 86-O-13 or 89-O-13, granting Planned Development approval to construct an eight-story tower addition to the North Shore Residence at 1611-1629 Chicago Avenue as well as a Special Use for an Independent Living Facility. Both ordinances are the same, except that Ordinance 89-O-13, which is proposed at the request of Mayor Tisdahl, includes an additional condition that requires the applicant to reserve at least 10% of all residential units in the project as affordable housing. (P3) Ordinance 86-O-13 Granting a Planned Development and Special Use at 1611- 1629 Chicago Avenue, “North Shore Residence” Ordinance 86-O-13 does not include a condition that requires the applicant to reserve at least 10% of all residential units in the project as affordable housing. For Introduction (P4) Ordinance 89-O-13 Granting a Planned Development and Special Use at 1611- 1629 Chicago Avenue, “North Shore Residence” Ordinance 89-O-13 includes an additional condition that requires the applicant to reserve at least 10% of all residential units in the project as affordable housing. For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 314 of 731 Planning & Development Committee Meeting Minutes of July 8, 2013 City Council Chambers – 7:15 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Fiske, J. Grover, D. Holmes, A. Rainey, M. Tendam, D. Wilson, M. Wynne STAFF PRESENT: W. Bobkiewicz, S. Flax, D. Gaynor, J. Williams-Kinsel, M. Klotz, M. Masoncup, B. Newman PRESIDING OFFICIAL: Ald. Fiske I. DECLARATION OF QUORUM A quorum being present, and Chair Wynne called the meeting to order at 7:19 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF JUNE 24, 2013 Ald. Rainey moved approval of the minutes of the June 24, 2013 P&D meeting, seconded by Ald. Grover. The minutes of the June 24, 2013 P&D meeting were approved unanimously 7-0. 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 Ald. Rainey moved to recommend approval, seconded by Ald. Tendam. The Committee voted unanimously 7-0 to recommend approval of Resolution 39-R-13. (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 Ald. Rainey moved to recommend approval of the sidewalk café, seconded by Ald. Holmes. DRAFT – NOT APPROVED 315 of 731 Planning & Development Committee Meeting Minutes of 7-8-13 Page 2 of 3 The Committee voted unanimously 7-0 to recommend approval of the sidewalk café for Farmhouse Evanston Restaurant. Diane Mulligan announced that the restaurant will be opening on July 10 th, and they are very excited about it. Chair Rainey thanked her. (P3) Approval of a Sidewalk Café for La Macchina Café 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 Ald. Rainey moved to recommend introduction, seconded by Ald. Fiske. The Committee voted unanimously 7-0 to recommend approval of the sidewalk café for La Macchina Café. (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 Ald. Tendam moved to recommend approval of the HOME Funds, seconded by Ald. Grover. Suzanne Calder of 1509 Asbury, a member of the Housing and Homelessness Committee and a board member of Connections for the Homeless (“Connections”), explained that the program’s goal is to target existing resources and that the plan does not call for additional resources from the City, but from other entities, to provide housing for families in School District 65. Sarah Flax, Housing & Grants Administrator introduced Sue Loellbach of Connections for the Homeless. Ald. Rainey noted that over time the City has made significant contributions to assist Connections in providing temporary housing and asked for data showing the results of the programs for which money has been given as the City has never received a substantial financial report. Ms. Loellbach said five families were assisted by the FIT program sponsored by Connections between 2008 and 2011; three have moved on and are living independently. Ald. Rainey requested that the requirement of quarterly reports be built into the proposal. Ms. Loellbach further explained that $200,000 to $300,000 pays for case management and employment and the rest is for education. 316 of 731 Planning & Development Committee Meeting Minutes of 7-8-13 Page 3 of 3 At Ald. Rainey’s inquiry, Ms. Flax explained that the leases are between the tenants, Connections and the landlord, similar to emergency solutions grants. Ald. Rainey asked how they could, in that case, remove the tenant if the tenant was no longer eligible for the program. Ms. Flax replied that the tenants are carefully vetted and that the households have agreements with Connections regarding the master lease. Ms. Flax and Ms. Loellbach agreed to submit a detailed HPRP report from Ms. Flax and quarterly reports from Connections, to the Committee. At Ald. Grover’s inquiry, Ms. Loellbach explained that the program is modeled after a successful program that has been used in England for drug addicts and homeless people. Ald. Grover requested data reflecting the past 36 months of results including childrens’ school grades and truancy records. Ms. Flax said the program will begin in September and a quarterly report will be provided in December of 2013. Data on the job component of the program will also be provided. At Ald. Holmes’ inquiry, Ms. Loellbach said people with substance abuse probably would not qualify for the program. She added that two of the people who work with Lou Dixon through Connections are now working at Collins Brothers. They have placed about 150 families into housing this year, providing a subsidy in some cases. Chair Wynne said the item will be held until the 7/22/13 P&D meeting for the information requested. IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT Ald. Holmes moved to adjourn, seconded by Ald. Tendam. The meeting was adjourned at 7:43 p.m. Respectfully submitted, Bobbie Newman 317 of 731 For City Council meeting of July 22, 2013 Item P1 Business of the City by Motion: Connections for the Homeless TBRA HOME Application 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: July 11, 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 F orce 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 Funding is provided by 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 At the July 8, 2013 Planning and Development Committee meeting, Connections for the Homeless requested 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. Households will be eligible for TBRA if they can demonstrate the ability to become self-sufficient with additional job training/education through the Learn & Earn program. The additional information on outcome measurements and program Memorandum 318 of 731 Page 2 administration requested by aldermen is in the attached memo from Connections for the Homeless. Attachments Connections for the Homeless memo Tenant Based Rental Assistance memo, July 8, 2013 Meeting 319 of 731 Connections * 2121 Dewey Ave. * Evanston, IL 60201 * 847 475 7070 x 108 * ps@cfthinc.org To: P&D Committee From: Sue Loellbach and Paul Selden Date: July 10, 2013 Re: Follow-Up on Questions Related to the HOME/TBRA Funding Request This memo provides information that the Planning and Development Committee requested of Connections for the Homeless at the last meeting of the Committee on Monday, July 8, 2013, during consideration of Connections’ application for HOME Funds for a Tenant Based Rental Assistance Program. FIT Program Outcomes Between 2007 and 2011, Connections assisted 5 families through the FIT program. All 5 of these families are currently housed and managing on their own. We have had occasional requests for assistance, but usually small and on the order of helping with an electric bill or a phone bill. 4 families are what we consider “stably housed,” meaning that we expect that they will not become homeless again in the future. 1 household still struggles, even though housed for the moment. HPRP Outcomes Between 2009 and 2012, Connections assisted 163 households with HPRP money. 88 households (comprising 158 individuals) received prevention funding. All are currently still housed. 75 households (comprising 94 individuals) received re-housing funding. 12 have since returned to homelessness, although two of these are now housed again at Hilda’s Place and are awaiting re- housing. This represents a 93% overall success rate (100% success in prevention, and 84% success in rehousing). The majority of people receiving assistance through HPRP were single adults. Of those who have fallen back into homelessness, the majority are dealing with multiple barriers. 5 have multiple disabilities. 7 are dealing with previous felonies. 4 are dealing with both. While the incidence of mental or physical illness is no higher in this group than in the successful group (about 45% of both groups have one or more disabilities), the incidence of individuals dealing with previous felony convictions is much higher in the failed group than in the successful group. In the successful group, only 25% have prior convictions. In the failed group, 60% have prior convictions. About Connections’ Other Housing Programs All of Connections’ services have the ultimate goal of getting clients into housing and helping them to stay there. When funding is available through programs like FIT and HPPR, and now HOME, we will use this money for rental assistance where needed. However, we also do the following: We receive Prevention funding from the State of Illinois that helped families in danger of losing their homes to pay off arrearages and receive case management until they achieve stability. We have served an average of about 100 household a year for the last few years, and of these, between 95% and 98% have remained housed for at least one year after receiving assistance. When a client has sufficient income, we find low-cost housing and provide case management follow-up for as long as needed. Many of these clients first move from the streets into Hilda’s Place and from there into their own self-supported housing. In each of fiscal years 2011 and 2012, we provided follow-up case management for between 135 and 140 clients. In fiscal year 2013, we did so for 198. 320 of 731 Connections * 2121 Dewey Ave. * Evanston, IL 60201 * 847 475 7070 x 108 * ps@cfthinc.org We use a combination of HUD funding for housing and private funding for case management to provide permanent supportive housing for single adults and families where the head of household is disabled. In fiscal year 2011, we had 60 people in permanent supportive housing, with 80 in 2012 and 2013. Workforce Development Connections has had an Employment Program for about 3 years. In October of 2012, we started up an adult education program called Learn & Earn, because so many of our clients simply do not have the earning potential needed to support their own housing without finishing their educations and significantly improving their skill levels. Connections started Learn & Earn based on a handful of clients in our Family Housing Program whom we assisted with education, in addition to providing housing plus wrap-around services and intensive case management. This handful of clients all enrolled in certification or degree programs, while receiving other support from Connections; completed those programs while also working part-time; and progressed into higher paying jobs which led them towards self-sufficiency. Learn & Earn is a way to extend similar opportunities to a greater number of people in need. We began to build the infrastructure for Learn & Earn last October, enrolling the first cohort of students after the holidays. Here is a status on enrollments to date: 32 people enrolled in the Learn & Earn program. They have all been assessed for financial aid potential (Pell grants, scholarships, etc.), reading and math levels, and career interests. Of these: o 7 enrolled at Oakton Community College (mostly in health-related programs) o 1 enrolled in Truman College’s GED program o 1 enrolled in Int-Pro SAP training (to do computer programming) o 1 enrolled in the CDL Mega Trucking School o 1 enrolled in the Jane Addams Resource Corporation for remedial education o 1 enrolled in the Tukienfdorf Institute’s training program (to become a renal dialysis technician) o 8 went through training at the Evanston Rebuilding Warehouse, and 3 of these have obtained at least part-time jobs o The rest either enrolled in Learn & Earn after the semester or term for their training program began (and are making plans to begin in the fall) or are working on improving their reading and math levels through tutoring 3 of the clients enrolled in programs have financial aid; Connections paid tuition and fees for 9 students using Learn & Earn funding 9 of the Learn & Earn students were already employed part time; we are working with 6 others on active job searches and are stabilizing the others so that they can begin job searches Because the program is still so new, we do not have outcomes to report on. However, we have learned several things during the first 9 months about barriers to the educational piece of the equation: Before they can successfully focus on their education, people need to be in stable housing. Learn & Earn is very appropriate for our housed clients; however, it is not feasible for clients living on the streets, at Hilda’s Place, or couch-surfing with friends and family. 321 of 731 Connections * 2121 Dewey Ave. * Evanston, IL 60201 * 847 475 7070 x 108 * ps@cfthinc.org Many people need to remediate or refresh their academic skills before they are ready to enroll in certification or degree programs. Connections has created an Adult Learning Center that is equipped with computers and tutors for this purpose. We are providing targeted and intensive remediation for those that need it so that they can move towards mainstream programs faster than they would be able to in semester-based remedial college programs. Program Logistics Lease Structure: Leases for TBRA program participants will be between the landlord and the assisted household. According to the HOME requirements, Leases may be terminated under the following circumstances: by the landlord in accordance with state and local landlord/tenant laws by the tenant in accordance with the lease or by mutual agreement Additionally, there will be a lease rider that is an agreement between Connections and the landlord that states: The Sponsor (Connections) will enter into a HOME agreement with the landlord that will begin on the first day of the lease between the owner and the tenant and will terminate on the last day of the lease. The agreement must state: HOME TBRA program rules and regulations Landlord role and responsibilities Sponsor agrees to pay the difference of rent and utilities determined by the total tenant payment formula and the approved rent as long as the lease is valid. Tenant is responsible for abiding by the terms of the lease. Evictions: Connections will address conflicts between assisted households and landlords in the TBRA program as we do with all of our clients. We have very few evictions among our clients because it is in everyone’s best interest to avoid them. We cultivate good relationships with landlords so that they let us know when they have problems with a client. We then intervene and work with the client to remedy the problem. If it appears that the relationship cannot be salvaged, we help the client to find different housing and ensure that the apartment being vacated is left in good order and that the client’s obligations to the landlord have been fulfilled. If a client is evicted but remains in the TBRA program, Connections will work with the City to relocate the household to a different HOME-funded apartment. If a client is dismissed from the TBRA program, Connections will work with the client to find other housing options. Drug Testing: Connections screens all clients for physical health, mental health, and substance abuse issues during intake interviews. Because the TBRA program will be too rigorous for most people with serious issues in any of these areas, those who present with such issues at intake will likely not be admitted to the program. 322 of 731 Connections * 2121 Dewey Ave. * Evanston, IL 60201 * 847 475 7070 x 108 * ps@cfthinc.org If a landlord requires drug testing before accepting a TBRA-assisted household as a tenant, then we will comply. However, we do not recommend adding drug testing as a requirement for all assisted households, for the following reasons: Connections has found that drugs are seldom the cause of problems between our clients and landlords. If substance abuse is an issue, the substance in question is typically alcohol, which is legal. Drug testing is not a reliable indicator of future behavior. Our case managers get a much better sense of drug use and related behaviors by talking with clients. While we find drug testing to be a very useful tool in our work with those who are struggling with substance abuse, it is often perceived to be an intrusive bureaucratic hoop for non-abusers. The first step in any of our programming with clients is to gain their trust, and mandatory drug testing makes this step much more difficult, particularly when we find confidential interviewing to be more effective. Drug testing for all households will be an added expense. Outcome Measurement We do not yet know the characteristics of the families in School Districts 65 and 202 who will participate in this program since, while the Districts do know which families are in need (based on enrollment in the school lunch program), they do not do psycho-social or financial screenings of these families. Connections will conduct these screenings for all applicants to the program and will then track and report on the following, using a “dashboard” format that we will propose and then modify based on input from the P&D Committee. We expect this to include the following types of information: Intake Outcomes o Number of households evaluated for the program o Number of households accepted and stably housed o Exits from the program Housing Stability o Amount of rent being paid by households versus Connections o Progress of participants towards assuming full rent burden Financial Stability o Aggregate earnings of participants in the program o Successful enrollment in a health insurance program Personal Stability o Number of heads of households in education/training programs o Inventory of participating educational institutions o Number of households completing education/training We will summarize information about successes and progress that families are experiencing. Finally, we will work with the school districts to gain access to, or have them share, consolidated and numeric information on the impact of this program among children from participating households. We will work with the school social workers, led by Joyce Bartz, to get metrics such as 323 of 731 Connections * 2121 Dewey Ave. * Evanston, IL 60201 * 847 475 7070 x 108 * ps@cfthinc.org attendance and truancy, creation of IEPs, and possibly academic achievement and disciplinary intervention. 324 of 731 To: Honorable Mayor and Members of the City Council Planning and Development Committee From: 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 325 of 731 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. 326 of 731 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. 327 of 731 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. 328 of 731 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 329 of 731 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. 330 of 731 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. 331 of 731 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. 332 of 731 For City Council Meeting of July 22, 2013 Item P2 Resolution 44-R-13: Church St. Plaza RDA Termination For Action To: Honorable Mayor and Members of the City Council Planning & Development Committee From: Martin Lyons, Assistant City Manager/CFO Ken Cox, Assistant City Attorney Subject: Resolution 44-R-13, Authorizing the City Manager to Execute a Termination and Restatement of Surviving Obligations Regarding the Church Street Plaza Redevelopment Agreement Date: July 17, 2013 Recommended Action: Staff recommends that the City Council approve Resolution 44-R-13. Summary: The redevelopment agreement (“RDA”) for Church Street Plaza was originally approved in October 1998. Most of the RDA dealt with land acquisition, funding, and construction of Church Street Plaza, the first phase of which opened in November of 2000, The RDA also included provisions regarding property tax obligations related to the Downtown II TIF, which the City terminated in October of 2008, effectively terminating any such obligations. The only remaining portions of the RDA with any ongoing effect relates to parking. Partial owner Church Street Plaza SPE, LLC has requested the termination of the RDA to clear the title to its portion of the property with regards to said obligations. This request does not include the remaining obligations, all related to parking: (a) Cinema Parking. So long as there is a cinema use in Church St. Plaza, theatergoers get 4 hours of free parking in the Maple Street Garage through at least November 17, 2020. Thereafter, the City can begin to charge comparable rates on condition that the City determines most theatergoers in the Evanston area pay for parking. The City shall have the opportunity to make such a determination every time the cinema renews its lease for another 5-year period. After 40 years (November 17, 2040), the City may begin charging theatergoers for parking at rates charged to the general public. (b) Valet Parking. The owner of the Main Pavilion Parcel and the Cinema shall have the right to conduct non-exclusive valet parking, at no cost to the City, in the Maple Street Parking Garage. Memorandum 333 of 731 2 (c) Parking Garage Maintenance. The City agrees that it will maintain, repair and, if destroyed or damaged by casualty, rebuild the Maple Street Parking Garage through November 15, 2020. Attachments: Resolution 44-R-13 334 of 731 7/11/2013 44-R-13 A RESOLUTION Authorizing the City Manager to Execute a Termination and Restatement of Surviving Obligations Regarding the Church Street Plaza Redevelopment Agreement WHEREAS, on October 23, 1998, the City entered into a redevelopment agreement (“RDA”) for the property commonly known as Church Street Plaza; and WHEREAS, most of the RDA dealt with land acquisition, funding, and construction of Church Street Plaza, the first phase of which opened in November of 2000, and property tax obligations related to the Downtown II TIF, which the City terminated in October of 2008; and WHEREAS, the only remaining portions of the RDA with any ongoing effect relate to parking; and WHEREAS, Church Street Plaza SPE, LLC, owner of portions of Church Street Plaza, has asked that the City consent to a partial termination of the RDA in order to unencumber its title, 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: The City Manager is hereby authorized and directed to sign, and the City Clerk authorized and directed to attest, the Agreement set forth in Exhibit 1, attached hereto and incorporated herein by reference, on the City’s behalf. 335 of 731 44-R-13 ~ 2 ~ SECTION 3: 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 4: 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. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2013 336 of 731 44-R-13 ~ 3 ~ EXHIBIT 1 Termination of Redevelopment Agreement and Restatement of Surviving Obligations 337 of 731 EAST\56145053.4 This document prepared by and after recording return to: David L. Reifman DLA Piper LLP (US) 203 North LaSalle Street Chicago, Illinois 60601 TERMINATION OF REDEVELOPMENT AGREEMENT AND RESTATEMENT OF SURVIVING OBLIGATIONS AGREEMENT THIS TERMINATION OF REDEVELOPMENT AGREEMENT AND RESTATEMENT OF SURVIVING OBLIGATIONS AGREEMENT (this “Agreement”) is made as of this _____ day of ___________ 2013 by and between THE CITY OF EVANSTON, an Illinois home rule municipality (the “City”) and CHURCH STREET PLAZA SPE, LLC, a Delaware limited liability company (“CSP”). (The City and CSP are sometimes referred to herein individually as a “Party” and collectively as the “Parties”). RECITALS: A. CSP is the owner of certain parcels of real estate legally described on Exhibit A (the “CSP Parcels”). B. The CSP Parcels constitute several of the parcels of real property which are subject to that certain Redevelopment Agreement between the City and AHC Evanston LLC dated October 23, 1998, as the same was amended by (i) that certain First Amendment to Redevelopment Agreement dated November 23, 1998, (ii) that certain Second Amendment to Redevelopment Agreement dated June 7, 1999, (iii) that certain Third Amendment to Redevelopment Agreement dated January 26, 2000, (iv) that certain Fourth Amendment to Redevelopment Agreement dated October 12, 2000 and (v) that certain Fifth Amendment to Redevelopment Agreement dated August 20, 2001 (said Agreement, as so amended, is hereinafter called the “Redevelopment Agreement”). A document titled “Memorandum of the Redevelopment Agreement” (the “Memorandum”) was recorded against title to all of the real property affected by the Redevelopment Agreement on June 10, 1999 in the Cook County Recorder’s Office as Document No. 99557632, thereby giving notice of the existence of the Redevelopment Agreement. The CSP Parcels constitute the “Main Pavilion Parcel”, the “Mini- Anchor Parcel” and the retail portion (but not the remainder) of the “Parcel South of Church Street” as set forth in the Redevelopment Agreement. Capitalized terms used herein which are not otherwise defined shall have the meaning ascribed to them in the Redevelopment Agreement. This space reserved for Recorder’s use only. 338 of 731 EAST\56145053.4 2 C. The vast majority of rights and obligations of the Parties under the Redevelopment Agreement are related to the initial construction and development of the Subject Property and/or matters which by their terms were declared to expire or terminate as of a date certain and which, as of the date hereof, have expired or terminated, including, without limitation the expiration as of December 31, 2008 of the Downtown II Redevelopment Project Area; however, certain limited terms of the Redevelopment Agreement survive and continue to be applicable to the use and development of the CSP Parcels (and other portions of the Subject Property). D. In connection with the Redevelopment Agreement, and pursuant to City resolutions 36-R-99, 37-R-99, 38-R-99 and 15-R-02, CSP (or its predecessors in interest) entered into various parking leases with the City related to the use and zoning of each of the various portions of the CSP Parcels (individual a “Parking Lease” and collectively the “Parking Leases”). E. The Parties wish to enter into this Agreement in order to (i) declare and clarify that the Redevelopment Agreement is deemed to be terminated and of no further force or effect as concerns the CSP Parcels (without affecting the Parking Leases); (ii) clean up matters of title related to the CSP Parcels and release the Redevelopment Agreement and (iii) memorialize and restate those surviving obligations of the Parties in this Agreement as the sole remaining agreements as relates to the CSP Parcels. NOW THEREFORE, in consideration of the recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Recitals. The recitals above are hereby incorporated into this Agreement by this reference as though fully set forth herein. 2. Termination of Redevelopment Agreement as to the CSP Parcels. Except as specifically and expressly stated in Section 3 below, (a) the Redevelopment Agreement is hereby declared to be terminated and void and of no further force or effect solely as concerns the CSP Parcels (and no other portion of the Subject Property not owned as of the date hereof by CSP), (b) the Parties hereby declare the Redevelopment Agreement to be fully performed and satisfied as to the CSP Parcels, and (c) the Parties do hereby release and forever hold each other harmless from and against and claims, costs, obligations, liabilities and related matters of any type or description which exist, existed or which may or could arise under the Redevelopment Agreement. The recording of this Agreement shall serve as a release of the Redevelopment Agreement and the Memorandum from title as to the CSP Parcels. 3. Surviving Obligations of the Parties. In furtherance of the matters set forth in Section 2 above, and notwithstanding the termination of the Redevelopment Agreement as set forth herein, the Parties hereby ratify, affirm and restate the following obligations, which matters shall survive and which shall remain in full force and effect solely in accordance with the terms of this Agreement: (a) Cinema Parking (formerly Section 48 of the Redevelopment Agreement). Provided that the Main Pavilion Parcel has a movie theatre use (“Cinema”), the Cinema shall have free parking for its movie patrons in the public parking garage located on Maple Street and which was constructed by the City pursuant to the Redevelopment Agreement (the “Parking Garage”) for up to four (4) hours per day for the period of the 339 of 731 EAST\56145053.4 3 initial term of its lease, being twenty (20) years, from the date said Cinema opened for business (which occurred on November 17, 2000). If it is determined, at the expiration of the twenty (20) year period that the patrons of a majority of movie theatres within the trade area of the Cinema are paying for parking, the City reserves the right to charge the patrons of the Cinema for parking at a rate which shall not place the Cinema at a competitive disadvantage to those theatres. Provided the Cinema exercises its option to extend its lease term beyond twenty (20) years, the City, at the completion of each five (5) year option period for a maximum of twenty (20) years beyond the initial twenty (20) year term, shall determine if a majority of the patrons of the movie theaters within the trade area of the Cinema are paying for parking. If a majority of such movie theatre patrons are paying for parking, the City may charge the patrons of the Cinema for parking at a rate which shall not place the Cinema at a competitive disadvantage to those theatres. If the patrons of a majority of movie theaters in the trade area are not paying for parking when the foregoing determinations are made by the City, then the City shall not charge the patrons of the Cinema for parking. At the expiration of forty (40) years, the City shall have the right to charge patrons of the Cinema for parking at the rate it charges the general public. At the termination of the Cinema lease or a change in use of the Cinema property to other than a movie theatre, the City’s agreement contained in this paragraph shall terminate. (b) Valet Parking (formerly Section 50 of the Redevelopment Agreement). The owner of the Main Pavilion Parcel and the Cinema shall have the right to conduct non-exclusive valet parking at no cost to the City in the Parking Garage. (c) Parking Garage (formerly Section 51 of the Redevelopment Agreement). The City agrees that it will maintain, repair and, if destroyed or damaged by casualty, rebuild the Parking Garage for a period of twenty (20) years from the time said garage opened for business (which occurred on November 15, 2000). 4. Parking Leases. Nothing herein shall be deemed as an amendment or modification of the Parking Leases or any Parking Lease, all of which are and shall remain in full force and effect in accordance with their terms. 5. Miscellaneous. (a) This Agreement represents the entirety of the agreement between the Parties and shall be binding upon them and inure to the benefit of and be enforceable by and against their respective successors and assigns. (b) This Agreement may be signed in any number of counterparts, each of which shall be an original, with the main effect as if the signatures thereto and hereto were upon the same instrument. (c) All notices, demands, requests, consents, approvals or other instruments required or permitted to be given under this Agreement shall be in writing and shall be executed by the party or an officer, agent or attorney of the party, and shall be given by any of the following means (i) personal service; (ii) telecopy or facsimile; (iii) overnight courier; or (iv) registered or certified mail, return receipt requested: 340 of 731 EAST\56145053.4 4 To CSP: Church Street Plaza SPE, LLC c/o AHC Management, LLC 900 Clark Street Evanston, Illinois 60201 Fax: (847) 570-5656 With a copy to: DLA Piper US LLP 203 North LaSalle Street Suite 1900 Chicago, Illinois 60601 Attention: David L. Reifman Fax: (312) 236-7516 To the City: City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Attention: City Manager Fax: (847) 448-8083 With a copy to: City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Attention: Corporation Counsel Fax: (847) 448-8093 Such addresses may be changed by notice to the other Parties given in the same manner provided above. Any notices, demands, requests, consents, approvals or other instruments required or permitted to be given under this Agreement sent pursuant to either clause (i) or (ii) hereof shall be deemed received upon such personal service thereupon dispatch. Any notice, demand, request, consent, approval or other instrument required or permitted to be given under this Agreement sent pursuant to clause (iii) shall be deemed received on the day immediately following deposit with the overnight courier and any notices, demands, requests, consents, approvals or other instruments required or permitted to be given under this Agreement sent pursuant to subsection (iv) shall be deemed received two (2) business days following deposit in the U.S. mail. 341 of 731 EAST\56145053.4 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. CITY: CITY OF EVANSTON, ILLINOIS By: Its: Attest: Its: CHURCH STREET PLAZA SPE, LLC By: Its: 342 of 731 EAST\56145053.4 A-1 EXHIBIT A LEGAL DESCRIPTION 343 of 731 For City Council meeting of July 22, 2013 Item P3 and P4 Ordinances 86-O-13 & 89-O-13: Special Use for an Independent Living Facility and a Planned Development at 1611-1629 Chicago Ave. for “North Shore Residence” For Introduction For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Sarah Flax, Interim Manager, Planning and Zoning Division Melissa Klotz, Interim Zoning Administrator Susan Guderley, Neighborhood Planner Subject: Ordinances 86-O-13 and 89-O-13 North Shore Residence Special Use and Planned Development 1611-1629 Chicago Avenue, 13PLND-0052 Date: July 17, 2013 Recommended Action The Plan Commission, Zoning Board of Appeals, and City staff recommend the adoption of either Ordinance 86-O-13 or 89-O-13, granting Planned Development approval to construct an eight-story tower addition to the North Shore Residence at 1611-1629 Chicago Avenue as well as a Special Use for an Independent Living Facility. Both ordinances are the same, except that Ordinance 89-O-13, which is proposed at the request of Mayor Tisdahl, includes an additional condition that requires the applicant to reserve at least 10% of all residential units in the project as affordable housing. (P3) Ordinance 86-O-13 Granting a Planned Development and Special Use at 1611- 1629 Chicago Avenue, “North Shore Residence” Ordinance 86-O-13 does not include a condition that requires the applicant to reserve at least 10% of all residential units in the project as affordable housing. For Introduction (P4) Ordinance 89-O-13 Granting a Planned Development and Special Use at 1611- 1629 Chicago Avenue, “North Shore Residence” Ordinance 89-O-13 includes an additional condition that requires the applicant to reserve at least 10% of all residential units in the project as affordable housing. For Introduction The requested Special Use will address the current legal non-conforming status of a long- time Evanston retirement facility. The existing facility operates under a Special Use Permit Memorandum 344 of 731 for a Retirement Hotel, which is no longer a permitted use in the D4 District. The proposed Special Use for an Independent Living Facility will bring the existing facility conforming status and allow the developer to expand with the proposed Planned Development addition. The Planned Development, which proposes to construct an eight-story addition on the parcel at 1619 Chicago Avenue, will allow the property owner to maintain the useful life of a character- giving downtown structure and allow the facility to continue operations with updated facilities in a competitive market. The Planned Development is consistent with all zoning requirements, meets all of the Standards of a Planned Development, and is not requesting any development allowances. Ordinance Options: At the request of Mayor Tisdahl, Ordinances 86-O-13 and 89-O-13 are both submitted. Both ordinances are the same, except that Ordinance 89-O-13 includes an additional condition that requires the applicant to reserve at least 10% of all residential units in the project as affordable housing, as derived from existing City Code and apportioned as follows: % of Affordable Units Maximum Household Income Maximum Rent ≥60% 80% of AMI 24% of AMI Remainder 100% of AMI 30% of AMI These calculations are from the Affordable Housing Demolition Tax (“AHDT,” City Code Title 4, Chapter 18) and Inclusionary Housing Ordinance (“IHO,” City Code Title 5, Chapter 7). The AHDT requires that at least 60% of all money collected pursuant to it is reserved for low- income households (maximum income = 80% of AMI), with the rest for moderate-income households (maximum income = 100% of AMI). The AHDT establishes that rental housing is not affordable for a given household if it exceeds 30% of income. The IHO requires that the developer of at least 25 owner-occupied dwelling units must reserve 10% of them for low- and moderate-income households. Either Ordinance 86-O-13 (without the affordable housing condition) or Ordinance 89-O-13 (with the affordable housing condition) should move forward. Background The North Shore Residence has operated as a retirement community since the early 1960’s. Originally built in 1919 as a 350 room hotel, the rooms were later combined to serve the current use as dwelling units for aging citizens. In 1978, the facility was granted a Special Use for a Retirement Hotel. However, this use category was eliminated from the D4 District in the 1993 comprehensive Zoning Ordinance amendment, which then made the use legally non-conforming. The current operations of the facility most accurately fit the definition of an Independent Living Facility, which requires a Special Use in the D4 District. To bring the existing use into compliance and allow for the tower expansion proposed through the Planned Development, the applicant requests a Special Use for the entire existing and proposed facility, comprised of the parcels at 1611-1629 Chicago Avenue, for an Independent Living Facility. 345 of 731 In recent years, this facility has experienced a decline in occupancy attributed to the age and condition of the building and a lack of amenities. In order to remain viable and competitive with other facilities, the applicant proposes significant improvements to the facility, many of which are currently under way. The 185 units in the existing building that are currently being renovated will lead to combining some of the existing units, reducing the total number in the existing building to 140. Once renovated, the residential units will provide conveniences now typically offered by modern independent living facilities, such as emergency pull-chords and kitchenettes. The entire building will also be served by a fire sprinkler system. The applicant also proposes an eight story tower addition on the adjacent parcel at 1619 Chicago Avenue that is currently occupied by the residents’ outdoor swimming pool and patio area. The proposed addition, which is the subject of the Planned Development application, will add 65 new units, bringing the total number of units for the entire facility to 205, or 20 more than the current total. The addition will also provide new amenities to replace or augment the aging facilities currently in place. These amenities include a new exercise room, indoor pool, wellness center to provide for basic medical needs, movie theater, arts and crafts room, billiards tables, card tables, laundry facilities, and new offices for the building staff. The new building will also include new common areas (a lobby atrium with a “winter garden,” and roof top terrace), a covered outdoor space for use by Tapas Barcelona, and 2,500 square feet of rentable, ground floor retail space. The proposed addition does trigger a net increase in the facility’s off -street parking requirement. The total number of off-street parking required by zoning for the completed project is 32 spaces. The applicant currently provides 23 spaces to serve the existing facility and has elected to satisfy the remaining parking requirement by leasing nine off-street parking spaces in a City of Evanston parking structure located within 1,000 feet of the subject property. Once an approved lease agreement is completed for the nine parking spaces, the zoning requirement for parking will be met and a variance will not be required. The Plan Commission recommends approval of the Planned Development, finding the proposal addresses all relevant Design Standards for Planned Developments, is consistent with the Comprehensive General Plan, and meets the Standard for a Planned Development. The Zoning Board of Appeals recommends approval of the Special Use for an Independent Living Facility, finding the proposal meets the Standards of a Special Use and will bring a currently legal non-conforming use into compliance. Zoning Ordinance The property is zoned D4 Downtown Transition District which requires a Special Use to operate an Independent Living Facility (6-11-5-3) and Planned Development (Sections 6-11- 5-3 and 6-11-1-10). None of the development allowances allowed through Planned Development approval are requested by the applicant. Traffic Impact The proposed remodeling and expansion of the North Shore Residence will generate a very limited volume of new traffic which can be accommodated by the existing street network with little effect. Additionally, the number of additional vehicle trips generated by the project will 346 of 731 likely be reduced given the project’s proximity to alternative modes of transportation. A large number of the residents of the proposed 205 total dwelling units do not regularly use vehicles. 2000 Comprehensive General Plan The Comprehensive General Plan (2000) recommends specific goals and objectives to promote an attractive, convenient and economically vibrant central business district. The Downtown Evanston Plan Update (2009) affirms this goal and recommends the following additional objectives and strategies: 1. Optimize Economic Development - of its mixed-use, pedestrian and transit environment 2. Protect and Rehabilitate Character-Giving Buildings - by promoting rehab and adaptive reuse 3. Improve the Quality of Physical Environment – by enhancing the pedestrian experience 4. Promote Sustainable “Green” Buildings 5. Maintain a Strong Multi-Modal Transportation System 6. Provide Enhanced Arts and Cultural Opportunities 7. Establish Predicable and Sensible Development Controls Legislative History July 10, 2013 – Zoning Board of Appeals voted 4-0 to recommend approval of a Special Use for an Independent Living Facility. July 10, 2013 – Plan Commission voted 8-0 to recommend approval of the proposed Planned Development. Attachments Ordinance 86-O-13 Ordinance 89-O-13 Building Materials Description 07.03.13 Plan Commission Memo 07.03.13 Zoning Board of Appeals Memo 07.10.13 Plan Commission Draft Meeting Minutes 07.10.13 Zoning Board of Appeals Draft Meeting Minutes 07.10.13 Zoning Board of Appeals Findings North Shore Residence Planned Development Application Binder 347 of 731 7/11/2013 86-O-13 AN ORDINANCE Granting Special Use Permits for a Planned Development and Independent Living Facility Located at 1611-29 Chicago Avenue in the D4 Downtown Transition District (“North Shore Residence”) 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, 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, 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, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1, et seq.) grants each municipality the power to establish zoning regulations; and WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 2012, as amended, (“the Zoning Ordinance”); and 348 of 731 86-O-13 ~2~ WHEREAS, Horizon Group XXIII, LLC (the “Applicant”), owner of the property located at 1611-29 Chicago Avenue, Evanston, Illinois (the “Subject Property”), legally described in Exhibit A, which is attached hereto and incorporated herein by reference, applied, pursuant to the provisions of the Zoning Ordinance, specifically Section 6-3-5, “Special Uses,” Section 6-3-6, “Planned Developments,” Subsection 6- 11-1-10, “Planned Developments” in Downtown Districts, and Subsection 6-11-5-3, “Special Uses” in the D4 Downtown Transition District (“D4 District”), to permit the construction and operation of a Planned Development and Independent Living Facility located at the Subject Property in the D4 District; and WHEREAS, the Applicant sought said Special Use Permits to replace its status as a legal non-conforming use, “Retirement Hotel,” and allow construction of an addition, approximately eighty-five feet (85’) tall, with approximately two thousand six hundred square feet (2,600 ft2) of first-floor commercial space, yielding no more than two hundred five (205) residential units and zero (0) new on-site parking spaces; and WHEREAS, on July 10, 2013, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.) and the Zoning Ordinance, the Plan Commission and Zoning Board of Appeals (“ZBA”) held a joint public hearing on the application for Special Use Permits, case no. 13PLND-0052, heard testimony, received other evidence, and made written minutes, findings, and recommendations; and WHEREAS, the Plan Commission and ZBA’s written findings state that the application for the proposed Planned Development meets applicable standards set forth for Special Uses in Subsection 6-3-5-10 of the Zoning Ordinance and Planned Developments in the D4 District per Subsection 6-11-1-10 of the Zoning Ordinance; and 349 of 731 86-O-13 ~3~ WHEREAS, the Plan Commission and ZBA recommended the City Council approve the application with conditions; and WHEREAS, on July 22, 2013, the Planning and Development (“P&D”) Committee of the City Council held a meeting, in compliance with the provisions of the Open Meetings Act and the Zoning Ordinance, received input from the public, carefully considered and adopted the findings and recommendations of the Plan Commission and ZBA, and recommended approval thereof by the City Council; and WHEREAS, at its meetings of July 22 and August 12, 2013, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the recommendation of the P&D Committee and ZBA, received additional public comment, made certain findings, and adopted said recommendation; and WHEREAS, it is well-settled law 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) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124), 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 the terms and conditions of this ordinance, the City Council hereby grants the Special Use Permits applied for in case no. 13PLND- 0052, to allow construction and operation as described herein. 350 of 731 86-O-13 ~4~ SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the Special Use Permits granted hereby, violation of any of which shall constitute grounds for penalties or revocation of said Special Use Permits 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 operate the Special Uses authorized by the terms of this ordinance in substantial compliance with: the terms of this ordinance; the Site Plans in Exhibit B, attached hereto and incorporated herein by reference; all applicable legislation; the Applicant’s testimony and representations to the Site Plan and Appearance Review Committee, the Plan Commission, ZBA, the P&D Committee, and the City Council; and the approved documents on file in this case. (B) Parking: Pursuant to Subsection 6-16-2-1-(B)-1 of the Zoning Ordinance, the Applicant shall license no fewer than nine (9) parking spaces, required for the Special Use Permits authorized by this ordinance, from the City in an off-street parking facility within one thousand feet (1000’) of the Subject Property. For as long as the Applicant operates said Special Uses, it shall maintain and keep current said license(s), and shall comply with all terms thereof and any amendments thereto. (C) Recordation: Pursuant to Subsection 6-3-6-10 of the Zoning Ordinance, the Applicant shall, at its cost, record a certified copy of this ordinance, including all exhibits attached hereto, with the Cook County Recorder of Deeds, and provide proof of such recordation to the City, before the City may issue any permits pursuant to the Special Use Permits authorized by the terms of this ordinance. 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: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. To the extent that the terms and provisions of any of said documents conflict with the terms herein, this ordinance shall govern and control. 351 of 731 86-O-13 ~5~ 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 that are in conflict with the terms of this ordinance are hereby repealed. 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. SECTION 9: The findings and recitals herein are hereby 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 352 of 731 86-O-13 ~6~ EXHIBIT A Legal Description LOT 4 (EXCEPT THE NORTH 5 FEET THEREOF) AND ALL OF LOTS 5, 6, 7, 8 AND 9 IN BLOCK 20 IN EVANSTON IN THE NORTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 11-18-403-019-0000 COMMONLY KNOWN AS: 1611-29 Chicago Avenue, Evanston, Illinois 353 of 731 86-O-13 ~7~ EXHIBIT B Site Plans 354 of 731 CHICAGO AVENUEPUBLIC ALLEYLOT AREA:11,159 SQ. FT.NORTH SHORE RETIREMENT HOTELAPPROX. EXIST. BUILDING AREA:127,058 SQ. FT.LOT AREA: 33,728.10 SQ. FT.EXIST. RETAILEXIST. BUILDING AREA:15,887 SQ. FT.LOT AREA: 21,631.96 SQ. FT.TAPAS BARCELONA65' - 10"32' - 9"95' - 6"1621 - 1628 CHICAGO AVE.1619 CHICAGO AVE.1611 CHICAGO AVE.20' - 0"25' - 0"36' - 0"47' - 9"18' - 2"52' - 7"110' - 11"6' - 0"OUTDOORPATIO169' - 6"© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILSCHEMATIC SITE PLAN1" = 30' - 0"0 15' 30'60'EXHIBIT 3(a)355 of 731 CHICAGO AVENUEPUBLIC ALLEYLOT AREA:11,159 SQ. FT.NORTH SHORE RETIREMENT HOTELAPPROX. EXIST. BUILDING AREA:127,058 SQ. FT.LOT AREA: 33,728.10 SQ. FT.EXIST. RETAILEXIST. BUILDING AREA:15,887 SQ. FT.LOT AREA: 21,631.96 SQ. FT.TAPAS BARCELONA65' - 10"169' - 6"32' - 9"35' - 11"95' - 6"25' - 0"1621 - 1628 CHICAGO AVE.1619 CHICAGO AVE.1611 CHICAGO AVE.20' - 0"EXISTING PARKING23 SPACES10' - 8"41' - 3"LOADING DOCK© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILOFF-STREET PARKING AND LOADING1" = 30'0 15' 30'60'EXHIBIT 3(d)356 of 731 TENANT SPACE2,594 SQ.FT.CHICAGO AVENUEPUBLIC ALLEYLOT AREA:11,159 SQ. FT.NORTH SHORE RETIREMENT HOTELAPPROX. EXIST. BUILDING AREA:127,058 SQ. FT.LOT AREA: 33,728.10 SQ. FT.EXIST. RETAILEXIST. BUILDING AREA:15,887 SQ. FT.LOT AREA: 21,631.96 SQ. FT.TAPAS BARCELONA113' - 1"3' - 7"52' - 10"47' - 4"18' - 4"18' - 0"47' - 10"65' - 10"169' - 6"32' - 9"36' - 2"95' - 6"25' - 0"1621 - 1628 CHICAGO AVE.1619 CHICAGO AVE.1611 CHICAGO AVE.RETENTION BASIN39' - 3"(L) x 9' - 8" (W) x 10' - 0" (D)(BELOW GRADE)20' - 0"EXISTINGEXISTING© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILONSITE WATER RETENTION1" = 30'0 15' 30'60'EXHIBIT 3(g)357 of 731 TENANT SPACE2,594 SQ.FT.PUBLIC ALLEYLOT AREA:11,159 SQ. FT.NORTH SHORE RETIREMENT HOTELAPPROX. EXIST. BUILDING AREA:127,058 SQ. FT.LOT AREA: 33,728.10 SQ. FT.EXIST. RETAILEXIST. BUILDING AREA:15,887 SQ. FT.LOT AREA: 21,631.96 SQ. FT.TAPAS BARCELONA113' - 1"3' - 7"52' - 10"47' - 5"18' - 4"18' - 0"47' - 10"65' - 10"169' - 6"32' - 9"36' - 1"95' - 6"25' - 0"1621 - 1628 CHICAGO AVE.1619 CHICAGO AVE.1611 CHICAGO AVE.20' - 0"UTILITY POLE WITHLEADS INTO GROUNDUTILITY POLEWITH LIGHTFIRE HYDRANTDOUBLEPARKINGMETERSTREETLIGHTPOLEDOUBLEPARKINGMETERRETENTION BASIN39' - 3"(L) x 9' - 8" (W) x 10' - 0" (D)(BELOW GRADE)WATERSEWERSTORM© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILUTILITIES & EASEMENTS1" = 30'0 15' 30'60'EXHIBIT 3(h)358 of 731 0' - 0"T.O. FIRST FLOOR SUBFLR15' - 2"T.O. SECOND FLOOR SUBFLR25' - 1"T.O. THIRD FLOOR SUBFLR35' - 0"T.O. FOURTH FLOOR SUBFLR44' - 11"T.O. FIFTH FLOOR SUBFLR54' - 10"T.O. SIXTH FLOOR SUBFLR64' - 9"T.O. SEVENTH FLOOR SUBFLR74' - 8"T.O. EIGHTH FLOOR SUBFLR84' - 8"T.O. ROOF STRUCTURE90' - 8"T.O. MECHANICAL PARAPET18' - 0"WINTERGARDEN ROOF0' - 0"T.O. FIRST FLOOR SUBFLR15' - 2"T.O. SECOND FLOOR SUBFLR25' - 1"T.O. THIRD FLOOR SUBFLR35' - 0"T.O. FOURTH FLOOR SUBFLR44' - 11"T.O. FIFTH FLOOR SUBFLR54' - 10"T.O. SIXTH FLOOR SUBFLR64' - 9"T.O. SEVENTH FLOOR SUBFLR74' - 8"T.O. EIGHTH FLOOR SUBFLR84' - 8"T.O. ROOF STRUCTURE90' - 8"T.O. MECHANICAL PARAPET18' - 0"WINTERGARDEN ROOF© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILEAST ELEVATIONWEST ELEVATIONELEVATIONS1/16" = 1' - 0"0 8' 16'32'EXHIBIT 1(c)1359 of 731 0' - 0"T.O. FIRST FLOOR SUBFLR15' - 2"T.O. SECOND FLOOR SUBFLR25' - 1"T.O. THIRD FLOOR SUBFLR35' - 0"T.O. FOURTH FLOOR SUBFLR44' - 11"T.O. FIFTH FLOOR SUBFLR54' - 10"T.O. SIXTH FLOOR SUBFLR64' - 9"T.O. SEVENTH FLOOR SUBFLR74' - 8"T.O. EIGHTH FLOOR SUBFLR84' - 8"T.O. ROOF STRUCTURE90' - 8"T.O. MECHANICAL PARAPET18' - 0"WINTERGARDEN ROOFPROFILE OF ADJACENT BUILDING© 2013 MYEFSKI ARCHITECTS, INC.© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILNORTH ELEVATIONELEVATIONS1/16" = 1' - 0"0 8' 16'32'EXHIBIT 1(c)2360 of 731 7/17/2013 89-O-13 AN ORDINANCE Granting Special Use Permits for a Planned Development and Independent Living Facility Located at 1611-29 Chicago Avenue in the D4 Downtown Transition District (“North Shore Residence”) 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, 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, 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, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1, et seq.) grants each municipality the power to establish zoning regulations; and WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 2012, as amended, (“the Zoning Ordinance”); and 361 of 731 89-O-13 ~2~ WHEREAS, Horizon Group XXIII, LLC (the “Applicant”), owner of the property located at 1611-29 Chicago Avenue, Evanston, Illinois (the “Subject Property”), legally described in Exhibit A, which is attached hereto and incorporated herein by reference, applied, pursuant to the provisions of the Zoning Ordinance, specifically Section 6-3-5, “Special Uses,” Section 6-3-6, “Planned Developments,” Subsection 6- 11-1-10, “Planned Developments” in Downtown Districts, and Subsection 6-11-5-3, “Special Uses” in the D4 Downtown Transition District (“D4 District”), to permit the construction and operation of a Planned Development and Independent Living Facility located at the Subject Property in the D4 District; and WHEREAS, the Applicant sought said Special Use Permits to replace its status as a legal non-conforming use, “Retirement Hotel,” and allow construction of an addition, approximately eighty-five feet (85’) tall, with approximately two thousand six hundred square feet (2,600 ft2) of first-floor commercial space, yielding no more than two hundred five (205) residential units and zero (0) new on-site parking spaces; and WHEREAS, on July 10, 2013, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.) and the Zoning Ordinance, the Plan Commission and Zoning Board of Appeals (“ZBA”) held a joint public hearing on the application for Special Use Permits, case no. 13PLND-0052, heard testimony, received other evidence, and made written minutes, findings, and recommendations; and WHEREAS, the Plan Commission and ZBA’s written findings state that the application for the proposed Planned Development meets applicable standards set forth for Special Uses in Subsection 6-3-5-10 of the Zoning Ordinance and Planned Developments in the D4 District per Subsection 6-11-1-10 of the Zoning Ordinance; and 362 of 731 89-O-13 ~3~ WHEREAS, the Plan Commission and ZBA recommended the City Council approve the application with conditions; and WHEREAS, on July 22, 2013, the Planning and Development (“P&D”) Committee of the City Council held a meeting, in compliance with the provisions of the Open Meetings Act and the Zoning Ordinance, received input from the public, carefully considered and adopted the findings and recommendations of the Plan Commission and ZBA, and recommended approval thereof by the City Council; and WHEREAS, at its meetings of July 22 and August 12, 2013, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the recommendation of the P&D Committee and ZBA, received additional public comment, made certain findings, and adopted said recommendation; and WHEREAS, it is well-settled law 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) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124), 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 the terms and conditions of this ordinance, the City Council hereby grants the Special Use Permits applied for in case no. 13PLND- 0052, to allow construction and operation as described herein. 363 of 731 89-O-13 ~4~ SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the Special Use Permits granted hereby, which may be amended by future ordinance(s), and violation of any of which shall constitute grounds for penalties or revocation of said Special Use Permits 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 operate the Special Uses authorized by the terms of this ordinance in substantial compliance with: the terms of this ordinance; the Site Plans in Exhibit B, attached hereto and incorporated herein by reference; all applicable legislation; the Applicant’s testimony and representations to the Site Plan and Appearance Review Committee, the Plan Commission, ZBA, the P&D Committee, and the City Council; and the approved documents on file in this case. (B) Affordable Housing: The Applicant shall lease no less than ten percent (10%) of the total residential units in the Special Uses authorized hereby, at rents that are affordable, as defined hereinafter. No less than sixty percent (60%) of the affordable units shall be rented at rates that shall not exceed twenty-four percent (24%) of the area median income (“AMI”) level for the Chicago primary metropolitan statistical area, as established and defined in the annual schedule published by the Secretary of the U.S. Department of Housing and Urban Development, adjusted for household size and utility allotment, to households whose income does not exceed eighty percent (80%) of AMI. All remaining affordable units shall be rented at rates that shall not exceed thirty percent (30%) of AMI, and only to households whose income does not exceed one hundred percent (100%) of AMI. For purposes of the foregoing, all fractions shall be rounded up to the nearest whole number. (C) Parking: Pursuant to Subsection 6-16-2-1-(B)-1 of the Zoning Ordinance, the Applicant shall license no fewer than nine (9) parking spaces, required for the Special Use Permits authorized by this ordinance, from the City in an off-street parking facility within one thousand feet (1000’) of the Subject Property. For as long as the Applicant operates said Special Uses, it shall maintain and keep current said license(s), and shall comply with all terms thereof and any amendments thereto. (D) Recordation: Pursuant to Subsection 6-3-6-10 of the Zoning Ordinance, the Applicant shall, at its cost, record a certified copy of this ordinance, including all exhibits attached hereto, with the Cook County Recorder of Deeds, and provide proof of such recordation to the City, before the City may issue any permits pursuant to the Special Use Permits authorized by the terms of this ordinance. 364 of 731 89-O-13 ~5~ 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: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. To the extent that the terms and provisions of any of said documents conflict with the terms herein, this ordinance shall govern and control. 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 that are in conflict with the terms of this ordinance are hereby repealed. 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. SECTION 9: The findings and recitals herein are hereby 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. 365 of 731 89-O-13 ~6~ Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 366 of 731 89-O-13 ~7~ EXHIBIT A Legal Description LOT 4 (EXCEPT THE NORTH 5 FEET THEREOF) AND ALL OF LOTS 5, 6, 7, 8 AND 9 IN BLOCK 20 IN EVANSTON IN THE NORTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 11-18-403-019-0000 COMMONLY KNOWN AS: 1611-29 Chicago Avenue, Evanston, Illinois 367 of 731 89-O-13 ~8~ EXHIBIT B Site Plans 368 of 731 CHICAGO AVENUEPUBLIC ALLEYLOT AREA:11,159 SQ. FT.NORTH SHORE RETIREMENT HOTELAPPROX. EXIST. BUILDING AREA:127,058 SQ. FT.LOT AREA: 33,728.10 SQ. FT.EXIST. RETAILEXIST. BUILDING AREA:15,887 SQ. FT.LOT AREA: 21,631.96 SQ. FT.TAPAS BARCELONA65' - 10"32' - 9"95' - 6"1621 - 1628 CHICAGO AVE.1619 CHICAGO AVE.1611 CHICAGO AVE.20' - 0"25' - 0"36' - 0"47' - 9"18' - 2"52' - 7"110' - 11"6' - 0"OUTDOORPATIO169' - 6"© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILSCHEMATIC SITE PLAN1" = 30' - 0"0 15' 30'60'EXHIBIT 3(a)369 of 731 CHICAGO AVENUEPUBLIC ALLEYLOT AREA:11,159 SQ. FT.NORTH SHORE RETIREMENT HOTELAPPROX. EXIST. BUILDING AREA:127,058 SQ. FT.LOT AREA: 33,728.10 SQ. FT.EXIST. RETAILEXIST. BUILDING AREA:15,887 SQ. FT.LOT AREA: 21,631.96 SQ. FT.TAPAS BARCELONA65' - 10"169' - 6"32' - 9"35' - 11"95' - 6"25' - 0"1621 - 1628 CHICAGO AVE.1619 CHICAGO AVE.1611 CHICAGO AVE.20' - 0"EXISTING PARKING23 SPACES10' - 8"41' - 3"LOADING DOCK© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILOFF-STREET PARKING AND LOADING1" = 30'0 15' 30'60'EXHIBIT 3(d)370 of 731 TENANT SPACE2,594 SQ.FT.CHICAGO AVENUEPUBLIC ALLEYLOT AREA:11,159 SQ. FT.NORTH SHORE RETIREMENT HOTELAPPROX. EXIST. BUILDING AREA:127,058 SQ. FT.LOT AREA: 33,728.10 SQ. FT.EXIST. RETAILEXIST. BUILDING AREA:15,887 SQ. FT.LOT AREA: 21,631.96 SQ. FT.TAPAS BARCELONA113' - 1"3' - 7"52' - 10"47' - 4"18' - 4"18' - 0"47' - 10"65' - 10"169' - 6"32' - 9"36' - 2"95' - 6"25' - 0"1621 - 1628 CHICAGO AVE.1619 CHICAGO AVE.1611 CHICAGO AVE.RETENTION BASIN39' - 3"(L) x 9' - 8" (W) x 10' - 0" (D)(BELOW GRADE)20' - 0"EXISTINGEXISTING© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILONSITE WATER RETENTION1" = 30'0 15' 30'60'EXHIBIT 3(g)371 of 731 TENANT SPACE2,594 SQ.FT.PUBLIC ALLEYLOT AREA:11,159 SQ. FT.NORTH SHORE RETIREMENT HOTELAPPROX. EXIST. BUILDING AREA:127,058 SQ. FT.LOT AREA: 33,728.10 SQ. FT.EXIST. RETAILEXIST. BUILDING AREA:15,887 SQ. FT.LOT AREA: 21,631.96 SQ. FT.TAPAS BARCELONA113' - 1"3' - 7"52' - 10"47' - 5"18' - 4"18' - 0"47' - 10"65' - 10"169' - 6"32' - 9"36' - 1"95' - 6"25' - 0"1621 - 1628 CHICAGO AVE.1619 CHICAGO AVE.1611 CHICAGO AVE.20' - 0"UTILITY POLE WITHLEADS INTO GROUNDUTILITY POLEWITH LIGHTFIRE HYDRANTDOUBLEPARKINGMETERSTREETLIGHTPOLEDOUBLEPARKINGMETERRETENTION BASIN39' - 3"(L) x 9' - 8" (W) x 10' - 0" (D)(BELOW GRADE)WATERSEWERSTORM© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILUTILITIES & EASEMENTS1" = 30'0 15' 30'60'EXHIBIT 3(h)372 of 731 0' - 0"T.O. FIRST FLOOR SUBFLR15' - 2"T.O. SECOND FLOOR SUBFLR25' - 1"T.O. THIRD FLOOR SUBFLR35' - 0"T.O. FOURTH FLOOR SUBFLR44' - 11"T.O. FIFTH FLOOR SUBFLR54' - 10"T.O. SIXTH FLOOR SUBFLR64' - 9"T.O. SEVENTH FLOOR SUBFLR74' - 8"T.O. EIGHTH FLOOR SUBFLR84' - 8"T.O. ROOF STRUCTURE90' - 8"T.O. MECHANICAL PARAPET18' - 0"WINTERGARDEN ROOF0' - 0"T.O. FIRST FLOOR SUBFLR15' - 2"T.O. SECOND FLOOR SUBFLR25' - 1"T.O. THIRD FLOOR SUBFLR35' - 0"T.O. FOURTH FLOOR SUBFLR44' - 11"T.O. FIFTH FLOOR SUBFLR54' - 10"T.O. SIXTH FLOOR SUBFLR64' - 9"T.O. SEVENTH FLOOR SUBFLR74' - 8"T.O. EIGHTH FLOOR SUBFLR84' - 8"T.O. ROOF STRUCTURE90' - 8"T.O. MECHANICAL PARAPET18' - 0"WINTERGARDEN ROOF© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILEAST ELEVATIONWEST ELEVATIONELEVATIONS1/16" = 1' - 0"0 8' 16'32'EXHIBIT 1(c)1373 of 731 0' - 0"T.O. FIRST FLOOR SUBFLR15' - 2"T.O. SECOND FLOOR SUBFLR25' - 1"T.O. THIRD FLOOR SUBFLR35' - 0"T.O. FOURTH FLOOR SUBFLR44' - 11"T.O. FIFTH FLOOR SUBFLR54' - 10"T.O. SIXTH FLOOR SUBFLR64' - 9"T.O. SEVENTH FLOOR SUBFLR74' - 8"T.O. EIGHTH FLOOR SUBFLR84' - 8"T.O. ROOF STRUCTURE90' - 8"T.O. MECHANICAL PARAPET18' - 0"WINTERGARDEN ROOFPROFILE OF ADJACENT BUILDING© 2013 MYEFSKI ARCHITECTS, INC.© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILNORTH ELEVATIONELEVATIONS1/16" = 1' - 0"0 8' 16'32'EXHIBIT 1(c)2374 of 731 Memo 630 DAVIS STREET, 5TH FLOOR EVANSTON, ILLINOIS 60201 T 847.440.8294 F 847.440.8295 Dear Melissa, Pursuant to your request, please accept this letter for confirmation of exterior material selection for the North Shore Residences Addition located at 1619 Chicago Ave. in Evanston. As mentioned and represented in the drawings, diagrams and written narrative in the required and provided Planned Development Binder, the majority of the exterior building material will be a standard brick interrupted only by punched window and balcony openings. Also as indicated in the images and narrative we are making an effort to match the existing exterior material and color of the existing Residences. As such, the color of the brick is changing at a height of the building approximately equal to the stucco band of the existing Residences. The decision to continue with brick was made because it is a material of higher quality and will last longer with less maintenance as opposed to the stucco which requires cyclical maintenance and upkeep. The north façade, which consists primarily of large expanses of uninterrupted masonry, will be articulated slightly differently than the east and west facades and will consist of three courses of standard masonry separated by one course of standard masonry which will stick out approximately one inch to create a banding effect. The color will be consistent with the east and west façade and the courses will vary every other course between the larger masonry unit and the standard masonry unit. The building will have both operable and fixed insulated glazing window units. The storefront at grade suggests panels of louvers above the glass which will have signage floated over it. The mullions will be of an anodized bronze. The expressive roof element which projects up in the center of the façade that faces Chicago is currently conceived to be an aluminum composite panel system which will have the color and luster of natural aluminum. Lastly the balcony railings will be composed of anodized bronze panels within the round railing sections. The panels will be solid and opaque so as to shield any view of balcony contents form the street. Should you require further clarification please feel free to reach out to me at any time. Regards, Steven Pantazis Project Manager P: 847.440.8294 Ext. 107 F: 847.440.8295 spantazis@myefski.com website: www.myefski.com PROJECT # 12758 PROJECT North Shore Residence Addition CLIENT Horizon Realty TO Melissa Klotz City of Evanston 2100 Ridge Avenue Evanston, IL 60201 FROM Steven Pantazis Myefski Architects, Inc. 630 Davis Street, 5th Floor Evanston, Illinois 60201 DATE July 18th, 2013 REGARDING Exterior Material Selection 375 of 731 1611-1629 Chicago Avenue Planned Development Staff Memo City of Evanston To: Chair and Members of the Plan Commission From: Sarah Flax, Interim Manager, Planning and Zoning Division Susan Guderley, Neighborhood Planner Subject: Planned Development (North Shore Hotel), 1611-1629 Chicago Avenue, 13PLND-0052 Date: July 3, 2013 Staff Recommendation City staff recommends approval of the proposed Planned Development to construct an 8-story addition to the existing North Shore Residence (formerly known as North Shore Retirement Hotel) at 1619 Chicago Avenue. City staff has also recommended that the Zoning Board of Appeals recommend approval of a Special Use Permit to establish an Independent Living Facility on the property at 1611-1629 Chicago Avenue, which includes both the site of the proposed addition and the existing North Shore Residence facilities. The proposed planned development is consistent with all zoning requirements, meets all of the standards of a Planned Development for this district, and does not request any development allowances. Background The North Shore Residence has been operated as a retirement community since the early 1960’s. Originally built in 1919 as a 350 room hotel, the rooms were later combined to serve its current use. In recent years, this facility has experienced a decline in occupancy attributed to the age and condition of the building and a lack of amenities. In order to remain viable and competitive with other facilities, the applicant proposes to make significant improvements to the facility. This includes constructing an 8-story addition on the parcel at 1619 Chicago Avenue that is currently occupied by the residents’ outdoor swimming pool and patio area and small outdoor café area for Tapas Barcelona restaurant. Project Description To offer facilities comparable with other independent living facilities and extend the useful life of the existing structure, the applicant proposes to both renovate and enlarge the current facility. Currently, the 185 units in the existing building are being renovated under a separate permit. That work will include combining of some of the units, reducing their total number to 140. The proposed addition that is the subject of this planned development application will add 65 new units, bringing the total number of units for the Memorandum 376 of 731 1611-1629 Chicago Avenue Planned Development Staff Memo City of Evanston entire facility to 205 or 20 more than currently available. The residential units will provide conveniences now typically offered by modern independent living facilities, such as emergency pull-chords and kitchenettes. The entire building will also be served by a fire sprinkler system. The addition will also provide new amenities to replace or augment the aging facilities currently in place. These include a new exercise room, indoor pool, wellness center to provide for basic medical needs, movie theater, arts and crafts room, billiards, card tables, laundry and new offices for the building staff. The new building would also include new common areas (a lobby atrium and roof top terrace), a covered outdoor space for use by Tapas Barcelona Restaurant, and 2,500 square feet of rentable, ground floor retail space. Zoning Ordinance The D4 Downtown Transition District governs the subject property; Section 6-11-5-3 establishes that Planned Developments are permitted Special Uses within this district subject to the general requirements for planned development as special uses (Section 6-3-6) and requirements of downtown planned developments (Section 6-11-1-10). Because the zoning analysis for the project found that the existing lot of record exceeds 30,000 square feet in lot area [66,616.2 sq.ft.], and that the proposed addition exceeds 20,000 square feet (gross floor area) in size [210,088.2 sq.ft.], a Planned Development is required. The application contains all of the Planned Development Submission Requirements listed in Appendix D.4 of the Zoning Ordinance. It also responds to the general requirements for Planned Developments and the general requirements and site control standards for downtown planned developments. As proposed, the project meets all of the zoning requirements of the D4 district and there are no requested development allowances. If granted, the proposed Special Use Permit to establish an Independent Living Facility together with the addition’s increased number of units trigger a net increase in the off- street parking requirement. The total number of off-street parking required by zoning for the completed project is 32 spaces. The applicant currently provides 23 spaces to serve the existing facility and has elected to satisfy the remaining parking requirement by leasing nine (9) off-street parking spaces in a City of Evanston parking structure located within 1,000 feet of the subject property. No variance will be required once an approved lease agreement is completed. Ordinances Identified for Requested Relief: 6-11-5-3: D4 Downtown Transition District SPECIAL USES: The following uses may be allowed in the D4 district, subject to the provisions set forth in Section 6-3-5 of this Title: Independent Living Facilities (when located above the ground floor) (among others) 377 of 731 1611-1629 Chicago Avenue Planned Development Staff Memo City of Evanston Traffic Impact The applicant’s traffic impact study finds that, due to their age and physical abilities, residents of independent living facilities have low car ownership rates. None of the current residents of the North Shore Residences own a car. The main generators of traffic will be employees and visitors. Both peak visiting hours and shift changes occur outside of peak rush hours and are not likely to impact total or peak hour traffic. The study concludes that the proposed remodeling and expansion of the North Shore Residence will generate a very limited volume of new traffic which can be accommodated by the existing street system and intersections with little effect. Additionally, the number of additional vehicle trips generated by the project will likely be reduced given the project’s location within proximity to alternative modes of transportation. 2000 Comprehensive General Plan The Comprehensive General Plan (2000) recommends specific goals and objectives to promote an attractive, convenient and economically vibrant central business district. The Downtown Evanston Plan Update (2009) affirms this goal and recommends the following additional objectives and strategies: 1. Optimize Economic Development - of its mixed-use, pedestrian and transit environment 2. Protect and Rehabilitate Character-Giving Buildings - by promoting rehab and adaptive reuse 3. Improve the Quality of Physical Environment – by enhancing the pedestrian experience 4. Promote Sustainable “Green” Buildings 5. Maintain a Strong Multi-Modal Transportation System 6. Provide Enhanced Arts and Cultural Opportunities 7. Establish Predicable and Sensible Development Controls An evaluation of the proposal as it relates to Comprehensive Plan goals is as follows: LEGEND M = Meets Guideline D = Does Not Meet Guideline NA = Does not Apply LAND USE Standard Result Neighborhood assets should be enhanced while recognizing that each neighborhood contributes to the overall social and economic quality of Evanston M Evanston’s housing stock should continue to offer buyers and renters a desirable range of choice in terms of style and price M Evanston should maintain a diverse range of business and commercial areas, all of which will be viable locations for business activity M Downtown Evanston should be an attractive, convenient, and economically vital center of diverse activity. M 378 of 731 1611-1629 Chicago Avenue Planned Development Staff Memo City of Evanston The growth and evolution of Evanston’s institutions should be supported so long as the growth does not have an adverse impact upon the residentially-zoned adjacent neighborhoods M PUBLIC FACILITIES Standard Result The City of Evanston’s public buildings should be fully accessible, modernized buildings that serve civic needs and interests of residents. NA City parks and recreation areas should be of the highest quality in order to meet residents various recreation and leisure interests NA Utility systems in Evanston should provide reliable, quality service and support future development throughout Evanston NA CIRCULATION Standard Result Evanston’s streets should safely, conveniently, and efficiently link neighborhoods to the rest of the community and to the metropolitan area M Evanston’s parking system should serve the needs of residents, commuters, employees, shoppers, and visitors to Evanston’s neighborhoods and business districts M Transportation providers should offer safe, convenient, affordable, and easily accessible transit alternatives to the automobile M The safety and convenience of pedestrians and bicyclists should be a priority M COMMUNITY ENVIRONMENT Standard Result Buildings and landscaping should be attractive, interesting and compatible design M The historic heritage of Evanston should continue to be identified and preserved for the benefit of current and future residents M The creation of art and arts activities should be recognized and promoted as a vital component of the local economy NA Locally and regionally, natural resources should be preserved and public health should be promoted through a clean environment NA Design Guidelines for Planned Developments The application provides responses regarding its conformance with the City of Evanston Design Guidelines for Planned Developments in Tab 7 as follows: 379 of 731 1611-1629 Chicago Avenue Planned Development Staff Memo City of Evanston Guidelines for Building Design and Exterior Appearance  New Construction/Additions to Existing Buildings  Mass  Scale and Context  Exterior Building Materials  Roofs  Architectural Features  Security and Exterior Lighting  Loading Docks and Refuse Collection Areas  Utilities, Mechanical Equipment, and Stormwater n/a Wireless Communication Antennas n/a Parking Structures  Ground Floor Uses  Retail Services  Sidewalk Cafes  Offices  Signage n/a Adaptive Reuse of Buildings n/a Green/LEED buildings Guidelines for Site Planning  Building Location  Landscaping  Requirements for Parking Lots  Circulation n/a Public Art 380 of 731 To: Members of the Zoning Board of Appeals From: Sarah Flax, Interim Manager, Planning and Zoning Division Melissa Klotz, Zoning Planner Susan Guderley, Neighborhood Planner Subject: 1611-1629 Chicago Avenue 13PLND-0052 ZBA Recommending Body; City Council Determining Body Date: July 3, 2013 Notice – Published in the June 20, 2013 Evanston Review John Myefski, representative for Horizon Realty Group, developer of the proposed project, applies for a Special Use Permit for an Independent Living Facility and a Planned Development in the D4 Downtown Transition District (Zoning Code Section 6- 11-5-3 and 6-11-1-10) to construct an 8-story, 85’ tall addition to the existing North Shore Residence (formerly North Shore Hotel) at 1619 Chicago Avenue. The addition will consist of 65 independent units and 2,600 square feet of ground floor commercial space. The project also includes the remodeling and combining of existing residences in the original structure, reducing their number from 185 to 140 units. Together, the proposed remodeling and addition will result in a net increase of 20 units, for a total of 205 units. Respectively, the Zoning Board of Appeals and Plan Commission are the recommending bodies for the Special Use Permit and Planned Development to the City Council. The City Council is the determining body for this case. Recommendation Staff recommends approval of a Special Use Permit for the operation of an Independent Living Facility by the North Shore Residence at 1611-1629 Chicago Avenue. The requested action will bring a long-time Evanston retirement facility into compliance with current zoning requirements and extend the use of a character-giving structure in Downtown. The Site Plan and Appearance Review Committee also recommends approval of the proposed Special Use. The applicant has complied with all zoning requirements and meets all of the standards of a special use for this district. Site/Proposal Background The North Shore Residence has been operated as a retirement community since the early 1960’s. Under current zoning, the use category which most accurately describes the intended continued operation of this facility is Independent Living Facility, which is permitted only as a Special Use in the D4 District. At present, the North Shore Residence is considered a legal non-conforming use. Prior to 1993, this facility had Memorandum 381 of 731 been operating as a Retirement Hotel under a Special Use Permit granted in 1978. However, this use category was eliminated by the 1993 comprehensive amendment of the Zoning Ordinance. If approved, this requested Special Use Permit would make the entire facility, including the proposed addition, compliant with zoning. Originally built in 1919 as a 350 room hotel, the North Shore’s units were later reconfigured to serve its current use. In recent years, this facility has experienced a decline in occupancy attributed to the age and condition of the building and a lack of amenities. In order to remain viable and competitive with other facilities, the applicant proposes to make significant improvements to the facility. This includes interior remodeling of the existing structure and constructing an 8-story addition on a portion of the site currently occupied by the residents’ outdoor swimming pool and patio area, located at 1619 Chicago Avenue. A small portion of this area is also used by Tapas Barcelona Restaurant as an outdoor café area. . The zoning lot occupied by the existing North Shore Residence consists of approximately 66,600 square feet, with 391’ of frontage on Chicago Avenue and 170’ feet of frontage on Davis Street. This lot is occupied by three structures: the former North Shore Hotel is located at 1611 Chicago Avenue; the pool and patio area serving the hotel, located at 1619 Chicago Avenue; and a one-story commercial building located at 1621-1629 Chicago Avenue. Only the rear surface parking area of the latter structure is used as part of the North Shore Residence facility to provide required parking (23 spaces); the front commercial spaces are rented to commercial retail or service tenants. Under a separate permit, the 185 units in the existing building are currently under renovation. That work includes combining of some of the units, reducing their total number to 140. The proposed addition that is the subject of this planned development application will add 65 new units, bringing the total number of units for the entire facility to 205 or 20 more than currently available. The addition will also provide new amenities to replace or augment the aging facilities currently in place. These include a new exercise room, indoor pool, wellness center to provide for basic medical needs, movie theater, arts and crafts room, billiards, card tables, laundry and new offices for the building staff. The addition will also provide new common areas (a lobby atrium and roof top terrace), a covered outdoor space for use by Tapas Barcelona Restaurant, and 2,500 square feet of rentable, ground floor retail space. The applicant’s traffic impact study submitted with the planned development application finds that residents of independent living facilities have low car ownership rates, due to their age and physical abilities. None of the current residents of the North Shore Residences own a car. The main generators of traffic will be employees and visitors. The study concludes that the proposed remodeling and expansion of the North Shore Residence will generate a very limited volume of new traffic which can be accommodated by the existing street network with little effect. Additionally, the number of additional vehicle trips generated by the project will likely be reduced given the project’s proximity to alternative modes of transportation. If approved, North Shore’s designation as an Independent Living Facility in conjunction with the addition’s increased number of units triggers a net increase in the off-street 382 of 731 parking requirement. The total number of off-street parking required by zoning for the completed project is 32 spaces. The applicant currently provides 23 spaces on-site to serve the existing facility and has elected to satisfy the remaining parking requirement by leasing nine (9) off-street parking spaces in a City of Evanston parking structure located within 1,000 feet of the subject property. No variance will be required once an approved lease agreement is completed. The proposed addition will also add a dedicated loading dock, off of the rear alley. The subject location is zoned D4 Downtown Transition District, as is the property immediately to its north and the adjacent block to the south, across Davis Street. These properties contain a mix of one- to six-story, mixed-use and commercial properties that house a mix of retail commercial and service uses as well as Type 1 and Type 2 restaurants. East of the subject parcel, across a 20-foot public alley, properties are zoned D1 Downtown Fringe and R6 General Residential and developed with a 4-story, vintage mixed-use building, the United Methodist Church, and a seven-story multi-family structure. To the west, across Chicago Avenue, properties are zoned D2 Downtown Retail Core and D3 Downtown Core developed with a one- and two story commercial buildings and 24-story residential tower. In February 2006, a Special Use Permit was granted to Mather Lifeways to construct 245 independent living, 24 assisted living and 40 long-term care units in two phases at 1615 Hinman and 422 Davis. Other existing Special Uses within a one-block radius of the subject property include a variety of Type 2 restaurants. The subject property is within an area designated by the Comprehensive General Plan as Central Business District in which it recommends specific objectives to promote an attractive, convenient and economically vibrant central business district. These include actions to improve the variety of businesses, add mid-sized retail spaces, maintain a balance of office/retail/residential uses, continue public/private reinvestments in sidewalks and landscaping, and support the adaptive reuse of existing buildings. The Downtown Evanston Plan Update (2009) affirms this goal and recommends additional objectives and strategies, of which the following are relevant to this request: 1. Optimize Economic Development - of its mixed-use, pedestrian and transit environment 2. Protect and Rehabilitate Character-Giving Buildings - by promoting rehab and adaptive reuse 3. Improve the Quality of Physical Environment – by enhancing the pedestrian experience Staff has not received any public comments from neighbors related to this request. Ordinances Identified for Requested Approval 6-11-5-3: D4 Downtown Transition District SPECIAL USES: The following uses may be allowed in the D4 district, subject to the provisions set forth in Section 6-3-5 of this Title: Independent Living Facilities (when located above the ground floor) (among others) 383 of 731 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. Attachments Special Use Application – Submitted May 24, 2013 Standards Form Zoning Analysis Previous Special Use Permit Plat of Survey June 12, 2012 Site Plans Building Elevations Aerial View of Property Zoning Map SPAARC Draft Meeting Minutes – June 12, 2013 384 of 731 NOT APPROVED Page 1 of 4 Plan Commission Minutes MEETING MINUTES MEETING OF THE PLAN COMMISSION Wednesday, July 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Plan Commission Members Present: Scott Peters (Chair), Jim Ford, Richard Shure, Seth Freeman, Barbara Putta, Patricia Ledesma, Melanie Johnson, Stuart Opdycke (Associate), Lenny Asaro Plan Commission Members Absent: Kwesi Steele, David Galloway (Associate) Staff Present: Susan Guderley, Melissa Klotz, Ken Cox, Sarah Flax Presiding Member: Scott Peters, Chairman Plan Commission; 1. CALL TO ORDER / DECLARATION OF QUORUM Chair Peters announced that the Plan Commission would meet on July 17, 2013, to consider the business on the agenda of its June 12 meeting that was canceled due to the closure of the Civic Center related to severe weather. 2. PLANNED DEVELOPMENT 13PLND-0052 635 1611-1629 Chicago Avenue (North Shore Residence) John Myefski, representative for Horizon Realty Group, developer of the proposed project, applies for a Special Use for an Independent Living Facility and a Planned Development in the D4 Downtown Transition District (Zoning Code Section 6-11-5-3 and 6-11-1-10) to construct an 8-story, 85’ tall addition to the existing North Shore Residence (formerly North Shore Hotel) at 1619 Chicago Avenue. The addition will consist of 65 independent units and 2,600 square feet of ground floor commercial space. The project also includes the remodeling and combining of existing residences in the original structure, reducing their number from 185 to 140 units. Together, the proposed remodeling and addition will result in a net increase of 20 units, for a total of 205 units. Respectively, the Zoning Board of Appeals and Plan Commission are the recommending bodies for the Special Use Permit and Planned Development to the City Council. City Council is the determining body in this case. Jeff Michael, co-owner of Horizon Realty which owns the subject property, stated that he purchased the North Shore Hotel in 2012. At that time, many of its units were vacant and the operator was facing foreclosure. Horizon Realty’s intent is to revitalize and expand the facility so that it can successfully operate as a senior facility. To accomplish this, he intends to both renovate the existing structure and construct a new addition, the proposed planned development. Renovation of the existing rooms will address their obsolete design, notably their lack of individual bathrooms and kitchens; this work is currently underway. The proposed addition will add both residential units and shared amenities and facilities (indoor swimming pool, movie theater, wellness center) that will be on a par with peer senior facilities. Renovation of the existing building is planned so as to not displace its current residential tenants. Nor, will it affect its ground floor 385 of 731 NOT APPROVED Page 2 of 4 Plan Commission Minutes commercial spaces fronting on Chicago Avenue or Davis Street. One of these, Tapas Barcelona, currently uses a portion of the addition’s proposed site for its outdoor café. However, this function will be accommodated by the addition. John Myefski, applicant for both the Special Use Permit and Planned Development and architect for Horizon Realty, reviewed the components of the requested zoning relief and planned development. The existing facility is a legal, non-conforming use as Independent Living Facilities are neither a permitted or special use within the D4 Downtown District. M. Klotz explained that the North Shore Hotel was operating as a retirement hotel under a special use permit granted in 1978. This use category was subsequently eliminated by the 1993 comprehensive amendment of the zoning ordinance. This request for a Special Use Permit applies to the larger site, 1611-1629 Chicago Avenue and bringing both the existing structure and the proposed addition into compliance with current zoning. The planned development for the addition applies to the portion of the site located at 1619 Chicago Avenue, a space currently occupied by an outdoor pool, garden area and Tapas Barcelona’s outdoor café. It will contain a total of 65 residential units. The existing building now contains 185 units which will be reduced to 140 during renovation, as a result of combining and reconfiguring their spaces. Together, the renovation and addition will result in a total of 205 units, a net increase of 20 units. Units in the original structure will be a mix of studio, 1 bedroom and 2 bedroom apartments. Units in the addition will all be 1 bedroom. Mr. Myefski stated that another goal of the project is to return the former North Shore Hotel building to its original glory. Though the structure is not a designated landmark, both interior and exterior renovation work reflects their interest in celebrating the building’s past. In particular, the intent is to renovate the building’s ballroom and to make it available for multiple events and users. The building’s lobby, which has been the subject of numerous remodeling projects since the 1950’s, will also be gutted and renovated to provide a more open and attractive space along the lines of its original appearance. In addition to the new residential units, the addition will provide new common areas and modern amenities, including indoor swimming pool and locker rooms, movie theater, wellness center and roof top patio. Administrative offices currently located in the original building will also be relocated to the addition. A signature feature of the addition’s ground floor will be a winter garden, topped by a 40x40 foot skylight, that will serve as both resident common space and connecter to the original hotel building. Along its Chicago Avenue frontage, the addition’s ground floor will also feature a 2,500 square foot commercial space and covered outdoor patio for Tapas Barcelona. If granted, the addition will trigger the need for 9 additional parking spaces. There are currently 23 on-site and thirty –two will be required. To address this and avoid the need for a variance the owners will lease 9 parking spaces in the City parking garage at Church and Chicago. Chair Peters asked both Mr. Myefski and Mr. Michaels if they could confirm that they were familiar with the project’s exhibits and drawings submitted to the Plan Commission and ZBA and that, other than the plans related to the canopy and facility signage, they 386 of 731 NOT APPROVED Page 3 of 4 Plan Commission Minutes intended to adhere to the project as proposed? Both Mr. Myefski and Mr. Michaels stated that they were familiar with the exhibits and intended to proceed in a manner consistent with the submitted documents and their testimony. The ZBA adjourned their portion of the meeting and the Plan Commission convened to discuss the proposed Planned Development Application. Chair Peters invited questions from the Plan Commission Members. Noting that the new addition will share and be served by the existing building’s entrances, Member Freeman asked the distance between its elevators and main Chicago Avenue entrance. Mr. Myefski stated that would be 160 feet but noted that residents will also have the option to exit the building by Tapas Barcelona, a distance of 90 feet. Mr. Freeman also commented that he believes that the additions northern elevation lacked windows and should carry over the half-timber motif of the original North Shore Hotel building. Mr. Myefski noted that there were some windows in an inset portion of that façade but that windows on that wall could be an issue should the property to the north be developed, largely due to fire code considerations. Member Opdycke asked for an explanation of the effect of the addition to the windows on the northern elevation of the original building, a clarification as to whether units would be rental or ownership, whether there was any provision for affordable units, and whether or not there is a requirement that the project achieve LEED status. Mr. Myefski stated that most of the existing building’s northern façade is inset from the addition and, therefore, only a few north-facing units will be affected by the addition. Most will either look out over the light well above the winter garden or will be separated by about 14-feet from the addition. Mr. Michaels stated that the units will be for rent at market rates. He anticipates rent increases of 20% (which includes a dining plan) but that there will be incentive programs to try to accommodate current residents. M. Klotz stated that LEED compliance is not required, but is encouraged. Commissioner Asaro complimented the project for providing a way to extend the useful life of the existing hotel building. But, in light of the comments related to the decision to limited number of windows in the addition’s northern elevation, he asked whether there are any current plans to redevelop the two, 1-story buildings immediately to the north. Mr. Myefski stated that Horizon Realty maintains several long-term leases with the businesses in these buildings and that there are no current plans to redevelop these properties. Member Putta asked whether the impact of special events in the ballroom had been considered by either the traffic or parking analysis. Mr. Myefski stated that while this was discussed for the traffic analysis, it was not possible to attach any definitive scenario(s) to its future use. The effect upon parking is considered to be within the capacity of the city’s Davis Street parking structure, which is currently underutilized. Member Shure asked the target demographics for this project. Mr. Michaels stated that most of the hotel’s remaining tenants are in their mid-80s. It is expected that over time and with the addition of the planned amenities, the median age of tenants would drop to the mid-70’s. He stated that there will be no minimum age requirement. 387 of 731 NOT APPROVED Page 4 of 4 Plan Commission Minutes Member Putta asked how the project will impact current residents. Mr. Michaels stated that the building currently has a significant number of vacancies but that current tenants have 13-month leases. He anticipates some attrition of current tenants, but is offering incentives to try to offset expected rent increases. The Plan Commission addressed the project’s compliance with the design guidelines for planned developments and standards for a Planned Development. The Commission found that the proposed planned development had addressed all applicable design guidelines for planned developments, noting that those for signage and lighting must be addressed in detail during plan review, and that the proposed planned development does comply with all standards of a Planned Development. Commissioner Ford motioned to provide a recommendation to the City Council to approve the requested planned development 13PLND-0052 at 1611-1629 Chicago. Commissioner Shure seconded the motion. Motion passes unanimously (8-0). 5. ADJOURNMENT The meeting adjourned at 10:00 P.M. Respectfully Submitted, Susan Guderley, Neighborhood Planner Community and Economic Development Department 388 of 731 DRAFT NOT APPROVED Page 1 of 3 Zoning Board of Appeals MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, July 10, 2013 7:30 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Mary Beth Berns, Lori Summers, Beth McLennan Members Absent: Clara Wineberg, Scott Gingold, Andrew Gallimore Staff Present: Melissa Klotz, Sarah Flax, Susan Guderley, Ken Cox Presiding Member: Lori Summers Declaration of Quorum With a quorum present, Chairman Summers called the meeting to order at 7:30pm. New Business 1611-1629 Chicago Avenue ZBA 13ZMJV-0052 John Myefski, representative for Horizon Realty Group, developer of the proposed project, applies for a Special Use for an Independent Living Facility and a Planned Development in the D4 Downtown Transition District (Zoning Code Section 6-11-5-3 and 6-11-1-10) to construct an 8-story, 85’ tall addition to the existing North Shore Residence (formerly North Shore Hotel) at 1619 Chicago Avenue. The addition will consist of 65 independent units and 2,600 square feet of ground floor commercial space. The project also includes the remodeling and combining of existing residences in the original structure, reducing their number from 185 to 140 units. Together, the proposed remodeling and addition will result in a net increase of 20 units, for a total of 205 units. Respectively, the Zoning Board of Appeals and the Plan Commission are the recommending bodies for the Special Use permit and Planned Development to the City Council. City Council is the determining body for this case. Ms. Klotz read into the record. The Applicants presented their proposal and answered questions posed by Chairman Summers: Other than unit count, how will the occupancy count change? - It will be substantially similar; almost all units will have one occupant each. What is the current staff vs. the proposed staff? - 1 more janitorial staff member, 1 more housekeeper, and all other staff will be the same for the most part. What sort of uses would be allowed in the ballroom? - Weddings, galleries, theater rehearsals or shows, basically anything open to the public. What is the intended use of the old basement? - It will be predominantly used as storage. The applicants went on to explain that the existing floors within the structure have 28 units each with 2 2-bedrooms, 16 1-bedrooms, and 10 studios, all of which will remain the same. 389 of 731 DRAFT NOT APPROVED Page 2 of 3 Zoning Board of Appeals Chairman Summers asked if it would be handicap accessible, to which the applicants said it would meet the codes. Chairman Summers then inquired about the elevations regarding inconsistencies with windows and stonework. The applicants answered that the “A” elevations were concept. 1.C.1 is the most current front elevation and is the most accurate. Some of the exhibits provided in the packet reflected the original plan, while others reflected changes made after working with staff (Exhibit 1-A, 1-B, 1-C-1, 1-C-2). The Zoning Board of Appeals entered into deliberations: Ms. Klotz clarified the existing Special Use Permit for the portion of the building existing as the retirement hotel. The new Special Use Permit is for the existing building which will be classified as an Independent Living Facility. Mr. Rodgers commented that the project does not present any new major impacts and only minimally impacts parking. Chairman Summers suggested that the board consider a condition requiring valet parking for special events that may take place in the ballroom. Mr. Rodgers stated that since the ballroom is not purposed for daily use and since there are underutilized parking garages in the vicinity that ballroom event parking is not a huge concern. Ms. McLennan clarified that previous valet parking requirements were for weekend events to ensure parking doesn’t overflow into the surrounding neighborhoods. Chairman Summers voiced concerns relating to accessibility and long term implications. She also commented that typically, when constructing an addition, you either try to match the existing structure’s appearance exactly or be completely different. She dislikes how the addition’s appearance matches to some degree, but at the same time is different than the existing structure. Chairman Summers noted that this particular concern is not purview of the Zoning Board of Appeals. The Standards were then discussed: 1) Yes 2) Yes 3) Yes 4) Yes 5) Yes 6) Yes 7) Yes 8) Yes 9) Yes Mr. Rodgers motioned that the Zoning Board of Appeals recommend approval of the proposed special use permit and the motion was seconded by Ms. McLennan. The motion was approved 4-0. The Zoning Board of Appeals portion of the meeting adjourned at 9:00 p.m. This meeting was recorded by audio and video and is available at the Community and Economic Development Department, 2100 Ridge Avenue, Evanston. Respectfully Submitted, 390 of 731 DRAFT NOT APPROVED Page 3 of 3 Zoning Board of Appeals Melissa Klotz Zoning Planner, Community and Economic Development Department 391 of 731     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 July 10, 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: 13PLND-0052 Address or Location: 1611-1629 Chicago Applicant: John Myefski, for Horizon Realty XXIII, LLC Proposed Special Use: Independent Living Facility – North Shore Residence 392 of 731     (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 __x___ approval without conditions __ __ approval with conditions specifically: _____ 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 __ _ _ ____ ___ ___ Scott Gingold __ __ ____ ___X___ Beth McLennan __X__ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Lori Summers __X__ ____ ___ ___ Andrew Gallimore __ __ ____ 393 of 731 © 2013 MYEFSKI ARCHITECTS, INC. NORTH SHORE RESIDENCE NEW BUILDING 1619 CHICAGO AVE | EVANSTON, IL PLANNED DEVELOPMENT SUBMISSION 394 of 731 North Shore Residence Addition Horizon Realty 1619 Chicago Avenue June 10, 2013   Planned Development Application Form     (a) Planned developments are allowed in the district; Response: Yes, an independent living facility is referred to in the City of Evanston Ordinance §6-11-5-10-3 (b) The proposed planned development is in keeping with the purpose and policies of the Comprehensive General Plan and Zoning Ordinances; Response: Please refer to Section 15, which is included in this application. (c) The proposed planned development will not have a negative cumulative effect in conjunction with other special uses in the immediate neighborhood and the City as a whole; Response: Having been an integral part of the neighborhood of almost 90 years, the proposed development will improve the cumulative effect on the neighborhood and the City by enhancing an existing established and welcomed use. (d) The proposed planned development does not interfere with or diminish the value of property in the neighborhood. Response: The proposed planned development will improve an underutilized parcel and provide new public space and retail. No diminishment of value to property in the neighborhood is expected. (e) The proposed planned development can be adequately served by public facilities and services. Response: Public transit and city services are readily available at this location. (f) The proposed planned development will not cause undue traffic congestion. Response: The requested special use will not cause undue traffic congestion. Please refer to the traffic study, which is included in Section 14 of this application. (g) The proposed planned development will preserve significant historical and architectural resources. Response: The proposed development will provide support services to the existing North Shore Residence making the historic building financially viable. (h) The proposed planned development will preserve significant natural and environmental features. Response: No significant natural or environmental features are present on this site. (i) The proposed planned development will comply with all other applicable regulations. Response: Yes, the proposed development will comply with all other applicable regulations. 395 of 731 396 of 731 397 of 731 398 of 731 399 of 731 400 of 731 401 of 731 402 of 731 403 of 731 North Shore Residences Addition Horizon Realty 1619 Chicago Avenue    Table of Contents       Overview 1. Pre-application conference materials 2. Statement addressing how the planned development’s approval will further public benefits 3. Development plan 4. Landscaping plan 5. Plat of survey, fully dimensioned and indicating areas of parcels and lots 6. Preliminary plat of subdivision. 7. Conformance to City of Evanston Guidelines for Building Design and Exterior Appearance. 8. Disclosure of ownership 9. Zoning analysis. 10. Provisions for maintaining open space 11. Any restrictive covenants 12. Schedule of development. 13. Economic feasibility statement. 14. Traffic circulation impact study. 15. Statement showing relationship of proposed development to the Comprehensive General Plan and other city land use plans. 16. Statement showing compatibility of proposed development within the subject and surrounding residential and non-residential neighborhoods. 17. Statement showing how the proposed development is compatible with the design guidelines for planned developments 18. Special Use application form, including statement addressing the standards for special uses in §6-3-5-10 19. Statement addressing the general conditions for planned developments in the Downtown Districts (§6-11-1-10(A)) 20. Statement addressing the site controls and standards for planned developments in Downtown Districts (§6-11-1-10(B)) 21. Statement addressing the development allowances for planned developments in Downtown Districts (§6-11-1-10(C)) 22. Fees 23. The Zoning Division requires the applicant to demonstrate his or her connection to the ownership interest in the property 24. Miscellanies regarding required documents and materials Table of Contents 404 of 731 Overview       North Shore Residence Addition 1619 Chicago Avenue Horizon Realty June 21, 2013 The North Shore Residence, formerly known as the North Shore Retirement Hotel, has been operated as a retirement community since the early 1960’s. Originally built in 1919 as a 350 room hotel, the rooms have been combined over the years. In recent years the North Shore Residence had experienced high vacancy and an exodus of many residents due to the age and condition of the facility and lack of amenities. In order to remain viable and competitive with other facilities, current ownership deems it necessary to undertake the contemplated project. It is hoped that, once completed, the North Shore Residence will once again be able to attract local seniors and retirees choosing to remain in Evanston. Without the addition and planned enhancements it is likely that ownership will have to consider other uses for the North Shore Residence. Currently the 185 units are being renovated under a different permit. Once finished, the total number of units will be 140 in the existing structure. The addition will be composed of 65 new units bringing the total number of units for the entire building to 205, or 20 more than currently available. The project will also provide new amenities to replace the aging facilities currently in place and provide the necessary support functions that will extend the useful life of the existing North Shore Residence. These include a new exercise room, indoor pool, wellness center to provide basic medical needs, movie theater, arts and crafts room, billiards, card tables, laundry, and new offices for the building staff. The units will provide all the modern conveniences necessary to allow the elderly patrons to live comfortably and safely. All units will have pull-chords which the residents can activate for emergency service, new kitchenette appliances, high quality finishes throughout, and the comfort of knowing the entire building has a sprinkler system in case of fire. The new building will also provide two exciting common areas. First, a four season lobby atrium will become a gathering place for the residents as sun-light can pour in through the massive skylight above. This will give the residents access to the ‘outdoors’ year round in a controlled environment. Second, during the warmer months, residents will be able to gather on the rooftop terrace. The terrace will provide spectacular views of downtown Evanston and Lake Michigan. In addition, the plans will include a three season space for use by an existing restaurant’s outdoor seating area, and 2,500 square feet of rentable retail space. Overview 405 of 731 1. Pre-application conference materials        North Shore Residence Addition 1619 Chicago Avenue Horizon Realty June 21, 2013 On March 5, 2013, Myefski Architects presented to the public at a first ward alderman meeting at the Evanston Public Library. The following includes a list of drawings presented: Cover sheet; Rendered sketch. Street elevation; Rendered elevation. View of Winter Garden Rendered perspective Site Zoning Analysis A1 Ground Floor Plan A2 Typical Upper Floor Plans A3 Penthouse Level A4 West Elevation A5 East Elevation A6 North Elevation A7 Building Section In addition, the following includes a list of revised drawings provided herein: 1(a) Conceptual site plan; Response: Please refer to the proposed conceptual site plan exhibit 1(a) included in this section. 1(b) Plat of survey showing utilities; Response: Exhibit 1(b) is a diagrammatic drawing for the site showing the existing conditions and utilities. Please refer to section 5 of this submittal for the plat of survey. 1(c) Elevations; Response: Please refer to exhibit 1(c)1 and 1(c)2 for the proposed elevations of the new building. 1(d) Photographs of the subject and surrounding properties; Response: Please refer to exhibit 1(d) in this section for contextual photographs. 1(e) Narrative summary of proposal; Response: The proposed project will work in conjunction with the existing adjacent North Shore Residence. The new building will provide updated wellness services, new office space for building staff, improved life safety systems and new recreation facilities for the tenants in the existing North Shore Residence building. The units in the new building will have modern comforts and services to enable the residents to have a high quality of life. Through a renovation project currently underway at the existing North Shore Residence building, the number of units will be reduced from 185 to 140. The dining and common areas will also be updated with all new mechanical equipment, kitchen equipment, and finishes. This new building will provide an additional 65 units that will bring the net gain for both buildings to 20 units. The new lobby atrium and roof terrace will provide exciting new common areas for all the residents of both buildings along with a new indoor pool for year round aquatic activities. The exterior of the proposed building relates to the existing North Shore Residence by use of similar materials 1. Pre-application conference materials 406 of 731 1. Pre-application conference materials   and architectural language. Out of respect for the historic nature of the existing North Shore Residence, this new project does not try to copy the architecture, but creates a contemporary building that references the existing. The design reflects the ‘newness’ of the facility and the services within, but relates to the historic building it supports. 1(f) Description of adjacent land uses and neighborhood characteristics; Response: The existing North Shore Residence houses retail spaces at its ground floor, particularly is the restaurant directly south of this proposed project. We propose to bring outdoor space for this tenant to use in an effort to strengthen their business opportunities. Our project will continue the first floor retail corridor as it exists to the north, bridging the only major gap in its continuity, and hopefully, this support will also benefit the retail on the opposite side of the street. This will be especially beneficial to the elderly population currently residing in the North Shore Residence facility. 1(g) Description of critical historic structures, details, or characteristics; Response: The site for the proposed building does not contain any structures designated as historically significant. 407 of 731 03.04.13408 of 731 03.04.13409 of 731 410 of 731 127.0'66.39'198.10'SUBLOT AREA:11,299.40 SQ. FT.SUBLOT AREA:21,631.96 SQ. FT.SUBLOT AREA:33,728.10 SQ. FT.170.29'EXISTING BUILDING AREA = 15,887 SQ. FT.--EXISTING BUILDING AREA = 127,922.0 SQ. FT. (SEE SEPARATE ANALYSIS BY FLOOR)1621 - 28 CHICAGO AVE. 1619 CHICAGO AVE.1611 CHICAGO AVE.TOTAL LOT WIDTH: 391.41'LOT DEPTH: 170.22' LOT DEPTH: 170.38'TOTAL LOT WIDTH: 391.49'YEFSKIRCHITECTS, INC.015' 30'60'1" = 30'-0"¤ THE NORTH SHORE HOTEL1611 CHICAGO AVENUE| EVANSTON, ILLINOISSITE ZONING ANALYSIS02.21.13EXISTING SITE DATA:1611-28 CHICAGO AVE.1611 127,922.0 SQ. FT.1621-28 15,887.0 SQ. FT.TOTAL: 143,809.0 SQ.FT.AVG. LOT WIDTH - 391.45' x AVG. LOT DEPTH: 170.30' = TOTAL LOT AREA OF 66,663.9 SQ. FT.ALLOWABLE BUILDING AREA - 66,663.9 SQ. FT. x 5.4 (RESIDENTIAL F.A.R.) = 359,985.0 SQ. FT.411 of 731 412 of 731 300'0'"%+"$&/5#6*-%*/(413 of 731 414 of 731 0' - 0"T.O. FIRST FLOOR15' - 2"T.O. SECOND FLOOR84' - 8"T.O. ROOF STRUCTURE25' - 1"T.O. THIRD FLOOR35' - 0"T.O. FOURTH FLOOR44' - 11"T.O. FIFTH FLOOR54' - 10"T.O. SIXTH FLOOR64' - 9"T.O. SEVENTH FLOOR74' - 8"T.O. EIGHTH FLOOR18' - 0"WINTERGARDEN ROOF90' - 8"T.O. ELEVATOR ROOFELEV./MECH.7' - 8"NEW ADDITION1A7EXISTINGEXISTING© 2013 MYEFSKI ARCHITECTS, INC.02.21.13THE NORTH SHORE HOTELEVANSTON, ILLINOIS1619 CHICAGO AVENUE0 8' 16'32'SCALE: 1/16"=1'-0"WEST ELEVATION - CHICAGO AVE.A4415 of 731 0' - 0"T.O. FIRST FLOOR15' - 2"T.O. SECOND FLOOR84' - 8"T.O. ROOF STRUCTURE25' - 1"T.O. THIRD FLOOR35' - 0"T.O. FOURTH FLOOR44' - 11"T.O. FIFTH FLOOR54' - 10"T.O. SIXTH FLOOR64' - 9"T.O. SEVENTH FLOOR74' - 8"T.O. EIGHTH FLOOR18' - 0"WINTERGARDEN ROOF90' - 8"T.O. ELEVATOR ROOFSETBACK14' - 0"1A7EXISTINGEXISTINGNEW ADDITION© 2013 MYEFSKI ARCHITECTS, INC.02.21.13THE NORTH SHORE HOTELEVANSTON, ILLINOIS1619 CHICAGO AVENUE0 8' 16'32'SCALE: 1/16"=1'-0"EAST ELEVATION - ALLEYA5416 of 731 0' - 0"T.O. FIRST FLOOR15' - 2"T.O. SECOND FLOOR84' - 8"T.O. ROOF STRUCTURE25' - 1"T.O. THIRD FLOOR35' - 0"T.O. FOURTH FLOOR44' - 11"T.O. FIFTH FLOOR54' - 10"T.O. SIXTH FLOOR64' - 9"T.O. SEVENTH FLOOR74' - 8"T.O. EIGHTH FLOOR18' - 0"WINTERGARDEN ROOF90' - 8"T.O. ELEVATOR ROOF© 2013 MYEFSKI ARCHITECTS, INC.02.21.13THE NORTH SHORE HOTELEVANSTON, ILLINOIS1619 CHICAGO AVENUE0 8' 16'32'SCALE: 1/16"=1'-0"NORTH ELEVATIONA6417 of 731 0' - 0"T.O. FIRST FLOOR15' - 2"T.O. SECOND FLOOR84' - 8"T.O. ROOF STRUCTURE25' - 1"T.O. THIRD FLOOR35' - 0"T.O. FOURTH FLOOR44' - 11"T.O. FIFTH FLOOR54' - 10"T.O. SIXTH FLOOR64' - 9"T.O. SEVENTH FLOOR74' - 8"T.O. EIGHTH FLOOR18' - 0"WINTERGARDEN ROOF20' - 0"90' - 8"T.O. ELEVATOR ROOFTYP.9' - 0"TYP.9' - 0"FROM GRADE TO TOP OF STRUCTURE84' - 8"FROM GRADE TO TOP OF PARAPET @ REAR79' - 6"18' - 0"TO TOP OF ELEVATOR OVERRUN91' - 8"TO TOP OF MECHANICAL SCREEN93' - 6"WINTERGARDENRESIDENTIAL FLOORPOOLMECH.© 2013 MYEFSKI ARCHITECTS, INC.02.20.13THE NORTH SHORE HOTELEVANSTON, ILLINOIS1619 CHICAGO AVENUE0 8' 16'32'SCALE: 1/16"=1'-0"BUILDING SECTIONA7418 of 731 TENANT SPACE2,594 SQ.FT.CHICAGO AVENUEPUBLIC ALLEYLOT AREA:11,159 SQ. FT.NORTH SHORE RETIREMENT HOTELAPPROX. EXIST. BUILDING AREA:127,058 SQ. FT.LOT AREA: 33,728.10 SQ. FT.EXIST. RETAILEXIST. BUILDING AREA:15,887 SQ. FT.LOT AREA: 21,631.96 SQ. FT.TAPAS BARCELONA113' - 1"3' - 7"52' - 10"18' - 4"18' - 0"47' - 10"65' - 10"169' - 6"32' - 9"95' - 6"25' - 0"1621 - 1628 CHICAGO AVE.1619 CHICAGO AVE.1611 CHICAGO AVE.20' - 0"EXISTING PARKING© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILCONCEPTUAL SITE PLAN1" = 30' - 0"0 15' 30'60'EXHIBIT 1(a)419 of 731 NORTH SHORE RETIREMENT HOTELAPPROX. EXIST. BUILDING AREA:127,058 SQ. FT.LOT AREA: 33,728.10 SQ. FT.EXIST. RETAILEXIST. BUILDING AREA:15,887 SQ. FT.LOT AREA: 21,631.96 SQ. FT.© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILPLAT OF SURVEYNTSEXHIBIT 1(b)420 of 731 0' - 0"T.O. FIRST FLOOR SUBFLR15' - 2"T.O. SECOND FLOOR SUBFLR25' - 1"T.O. THIRD FLOOR SUBFLR35' - 0"T.O. FOURTH FLOOR SUBFLR44' - 11"T.O. FIFTH FLOOR SUBFLR54' - 10"T.O. SIXTH FLOOR SUBFLR64' - 9"T.O. SEVENTH FLOOR SUBFLR74' - 8"T.O. EIGHTH FLOOR SUBFLR84' - 8"T.O. ROOF STRUCTURE90' - 8"T.O. MECHANICAL PARAPET18' - 0"WINTERGARDEN ROOF0' - 0"T.O. FIRST FLOOR SUBFLR15' - 2"T.O. SECOND FLOOR SUBFLR25' - 1"T.O. THIRD FLOOR SUBFLR35' - 0"T.O. FOURTH FLOOR SUBFLR44' - 11"T.O. FIFTH FLOOR SUBFLR54' - 10"T.O. SIXTH FLOOR SUBFLR64' - 9"T.O. SEVENTH FLOOR SUBFLR74' - 8"T.O. EIGHTH FLOOR SUBFLR84' - 8"T.O. ROOF STRUCTURE90' - 8"T.O. MECHANICAL PARAPET18' - 0"WINTERGARDEN ROOF© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILEAST ELEVATIONWEST ELEVATIONELEVATIONS1/16" = 1' - 0"0 8' 16'32'EXHIBIT 1(c)1421 of 731 0' - 0"T.O. FIRST FLOOR SUBFLR15' - 2"T.O. SECOND FLOOR SUBFLR25' - 1"T.O. THIRD FLOOR SUBFLR35' - 0"T.O. FOURTH FLOOR SUBFLR44' - 11"T.O. FIFTH FLOOR SUBFLR54' - 10"T.O. SIXTH FLOOR SUBFLR64' - 9"T.O. SEVENTH FLOOR SUBFLR74' - 8"T.O. EIGHTH FLOOR SUBFLR84' - 8"T.O. ROOF STRUCTURE90' - 8"T.O. MECHANICAL PARAPET18' - 0"WINTERGARDEN ROOFPROFILE OF ADJACENT BUILDING© 2013 MYEFSKI ARCHITECTS, INC.© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILNORTH ELEVATIONELEVATIONS1/16" = 1' - 0"0 8' 16'32'EXHIBIT 1(c)2422 of 731 12CHICAGO AVE.SUBJECT PROPERTY© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILPHOTO 1PHOTO 2KEY PLANSITE PHOTOSEXHIBIT 1(D)423 of 731 North Shore Residence Addition Horizon Realty 1619 Chicago Avenue June 21, 2013 2. Statement addressing how the planned development’s approval will further public benefits       The planned development shall: a) Preserve and enhance desirable site characteristics and open space. Response: 1619 Chicago Avenue is an underutilized plot of land existing in the interstitial space between Evanston’s North Shore Residence on its southern border and a one-story retail building that extends down Chicago Avenue on its northern border. As it exists today, there is a small raised platform that provides outdoor seating for the adjacent restaurant, an in- ground pool, and some open air green space for tenants of the existing adjacent extended living facilities. These amenities, though nice in the spring and summer, sit unused during the cold winter months. The space is compromised by noisy mechanical equipment and a generator. The pool is not optimally located for use as it is too close to the public way with little privacy. The new North Shore Residence development plans to preserve these desirable site amenities with a four season winter garden, while promoting the mixed-use urban landscape of historic Evanston. By providing the adjacent restaurant with a new covered terrace space, we plan to preserve and enhance the outdoor dining opportunity that currently exists. This covered terrace will be open on one side facing Chicago Avenue. Our goal is to make this space an integral part of the current streetscape, while allowing those to enjoy dining at a local staple in the Evanston community during more than just the warm months. In addition, the new North Shore Residence will be replacing the existing outdoor pool with a new indoor pool for residents of the North Shore Residence community to enjoy throughout the entire year. The open green space for residents will be replaced with a well-lit open winter garden with planters and public spaces for residents to interact in as well as a spacious roof terrace that will provide expansive views of downtown Evanston and the Lake. By replacing the existing site characteristics, the North Shore Residence Addition will provide significant improvement to the existing state of 1619 Chicago Avenue. By increasing its use and improving the surrounding built environment. Our development strategy will respect the existing character of Chicago Avenue and replace existing site amenities being eliminated by the footprint of the addition. b) Maintain a pattern of development which preserves the natural vegetation, topography and geological features. Response: Existing natural vegetation will be removed from the existing site, preserved if possible and then replaced in correspondence with the City Forrester of Evanston. c) Preserve and enhance historic and natural resources that significantly contribute to the City’s character: Response: The North Shore Addition is committed to preserving the architectural harmony of Evanston by designing a development that compliments the existing historic North Shore Residence. Datum lines across each building will provide a continuity that will be accented by the 2. Statement addressing how the planned development’s approval will further public benefits 424 of 731 North Shore Residence Addition Horizon Realty 1619 Chicago Avenue June 21, 2013 2. Statement addressing how the planned development’s approval will further public benefits     contrast of new and old materials. The addition will help revitalize the historic North Shore Residence by providing modern conveniences for current and future residents. d) Create a pleasing environment or other special development features through design, landscape, or architectural features. Response: As stated above, the architectural features of the new addition will enrich Evanston’s downtown area with new and improved space for the retired community in the area. Amenities will include new interactive public spaces within the building that will be well-lit and will provide residents with various opportunities based on the time of year. 425 of 731 North Shore Residence Addition Horizon Realty 1619 Chicago Avenue June 21, 2013   3. Development Plan       3(a) Location, dimensions and total area of site; Response: Please refer to exhibit 3(a) this section which shows the building covering the 11,159 square foot site completely. 3(b) Location, dimensions, floor area, construction type and use of each structure; Response: The proposed development is a 62,119 square foot, 65 unit addition to the existing North Shore Residence Luxury Retirement Community facility. The construction will be type IB non-combustible construction and will be a mix of R-2 residential units and A-2 assembly areas. Please refer to exhibit 3(b). 3(c) Number, type and size of dwelling units and the overall unit density; Response: Please refer to exhibit 3(c)1-3 for a summary of the units proposed under this submittal. 3(d) Parking spaces and loading docks with means of egress; Response: Please refer to exhibit 3(d) which shows the existing 23 parking spaces on the site and the new loading dock. The Owner has agreed to lease an additional nine (9) parking spaces from the City to meet the parking requirements for the project. 3(e) Traffic circulation pattern including public improvements, streets and access means; Response: There is no allowance for additional vehicular traffic. 3(f) Dedications and easements; Response: There are no dedications or easements for this parcel. 3(g) Drainage plan; Response: The site will be completely covered with impervious material. Space has been allocated on the site to provide adequate storm water retention to not stress the City’s drainage infrastructure during weather events. 3(h) Locations, dimensions and uses of adjacent properties, rights of way and easements, and utilities serving the site; Response: Please refer to Exhibit 5 for the survey indicating easements and utilities. 3(i) Significant topographical or physical features, including trees; soil or subsurface conditions; Response: Please refer to exhibit 3(i) which shows existing structures and trees. 3(j) Historical structures or features; Response: There are no historic structures or features on this parcel. 3(k) Typical rooming unit Type A; 3(l) Typical rooming unit Type B; 3(m) Typical rooming unit Type C; 3(n) Composite Perspective; 3(o) Perspective Views; 3(p) Shadow Studies; 3. Development Plan Showing: 426 of 731 CHICAGO AVENUEPUBLIC ALLEYLOT AREA:11,159 SQ. FT.NORTH SHORE RETIREMENT HOTELAPPROX. EXIST. BUILDING AREA:127,058 SQ. FT.LOT AREA: 33,728.10 SQ. FT.EXIST. RETAILEXIST. BUILDING AREA:15,887 SQ. FT.LOT AREA: 21,631.96 SQ. FT.TAPAS BARCELONA65' - 10"32' - 9"95' - 6"1621 - 1628 CHICAGO AVE.1619 CHICAGO AVE.1611 CHICAGO AVE.20' - 0"25' - 0"36' - 0"47' - 9"18' - 2"52' - 7"110' - 11"6' - 0"OUTDOORPATIO169' - 6"© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILSCHEMATIC SITE PLAN1" = 30' - 0"0 15' 30'60'EXHIBIT 3(a)427 of 731 UPUPUPUPPOOL ABOVESTORMWATERRETENTIONWWWELLNESSFITNESSOFFICEOFFICEOFFICEOFFICEOFFICERECEPTIONARTS &CRAFTSARTS &CRAFTSSTORAGEMECHANICALPUMPROOMLAUNDRYTHEATERSERVICECOORIDOREXITING TO BECONFIRMEDWESTSTAIR170' - 3"66' - 0"© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILBASEMENT BUILDINGUSE PLAN1" = 20' - 0"0 10' 20'40'EXHIBIT 3(b)428 of 731 TRASH UTILITIESWMWOMEN'SLOCKERSMEN'SLOCKERSEASTSTAIRELEV.ELEV.WESTSTAIRTENANTSPACEWINTERGARDENLOADINGDOCKPOOLSTOR.POOLEQUIP./MEZZACCESSPOOL37'x15'SERVICECORR.57' - 4"71' - 4"34' - 0"7' - 7"170' - 3"60' - 0"20' - 5"26' - 9"47' - 2"18' - 6"46' - 8"65' - 2"© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILPROPOSED NEW BUILDING AREAFIRST FLOOR: 7,370 SFTYP. UPPER FLOOR: 7,790 SF(FLOORS 2-7) X6 = 46,626 SFPENTHOUSE (8TH FL.): 4,280SFTOTAL BLDG. AREA: 62,119 SFTOTAL ALLOWABLE SF: 62,214 SFCONSTRUCTION TYPE: 1BUSE: INDEPENDENT LIVING ANDMERCANTILE1ST FLOOR BUILDINGUSE PLAN1" = 20' - 0"0 10' 20'40'EXHIBIT 3(c)1429 of 731 EASTSTAIRWESTSTAIRELEV.ELEV.MECH.LAUND.UNIT E460 SQ. FT.UNIT D440 SQ. FT.UNIT C480 SQ. FT.UNIT B500 SQ. FT.UNIT A470 SQ. FT.UNIT F460 SQ. FT.UNIT G440 SQ. FT.UNIT H4800 SQ. FT.UNIT I500 SQ. FT.UNIT J470 SQ. FT.ELEC.STOR./REC.BALC. BALC. BALC.BALC. BALC.UPUPROOF OF ADJACENT BUILDINGROOF OF ADJACENT BUILDING65' - 3"14' - 3"EXISTINGEXISTING164' - 0"© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILDEMISING PLAN LEVELS 2-710 UNITS PER 7790 SF TYP.UNIT DENSITY1" = 20' - 0"0 10' 20'40'EXHIBIT 3(c)2TENANT ROOM COUNTUNIT NAME # OF UNITS SFA8470B8500C8480D8440E8460F8460G8480H8480I8500J8550K1530L1540M1520N1420O1490TOTAL: 37,460 SFNEW ADDITION DATATYP. UPPER FLOOR: 7,790 SF(FLOORS 2-7)TOTAL AREA: 46,740 SFPENTHOUSE: 4,570 SF(8TH LEVEL)TOTAL ROOMING: 51,310 SF430 of 731 EASTSTAIRWESTSTAIRELEV.ELEV.DNDNUNIT O490 SQ. FT.ROOFTOP TERRACEREFER TO EXHIBIT 4(a)FOR LANDSCAPE PLANUNIT L540 SQ. FT.UNIT N420 SQ. FT.UNIT K530 SQ. FT.UNIT M520 SQ. FT.BALC.BALC.MECH.LAUND.EXISTING NORTH SHORE HOTEL ROOF(BELOW)EXISTING66' - 0"13' - 10"164' - 0"EXISTING© 2013 MYEFSKI ARCHITECTS, INC.TENANT ROOM COUNTUNIT NAME # OF UNITS SFA8470B8500C8480D8440E8460F8460G8480H8480I8500J8550K1530L1540M1520N1420O1490TOTAL: 37,460 SFUNIT DENSITY1" = 20' - 0"0 10' 20'40'EXHIBIT 3(c)3NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILDEMISING PLAN LEVEL 85 UNITS PER 4,570 SFNEW ADDITION DATATYP. UPPER FLOOR: 7,790 SF(FLOORS 2-7)TOTAL AREA: 46,740 SFPENTHOUSE: 4,570 SF(8TH LEVEL)TOTAL ROOMING: 51,310 SF431 of 731 CHICAGO AVENUEPUBLIC ALLEYLOT AREA:11,159 SQ. FT.NORTH SHORE RETIREMENT HOTELAPPROX. EXIST. BUILDING AREA:127,058 SQ. FT.LOT AREA: 33,728.10 SQ. FT.EXIST. RETAILEXIST. BUILDING AREA:15,887 SQ. FT.LOT AREA: 21,631.96 SQ. FT.TAPAS BARCELONA65' - 10"169' - 6"32' - 9"35' - 11"95' - 6"25' - 0"1621 - 1628 CHICAGO AVE.1619 CHICAGO AVE.1611 CHICAGO AVE.20' - 0"EXISTING PARKING23 SPACES10' - 8"41' - 3"LOADING DOCK© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILOFF-STREET PARKING AND LOADING1" = 30'0 15' 30'60'EXHIBIT 3(d)432 of 731 TENANT SPACE2,594 SQ.FT.CHICAGO AVENUEPUBLIC ALLEYLOT AREA:11,159 SQ. FT.NORTH SHORE RETIREMENT HOTELAPPROX. EXIST. BUILDING AREA:127,058 SQ. FT.LOT AREA: 33,728.10 SQ. FT.EXIST. RETAILEXIST. BUILDING AREA:15,887 SQ. FT.LOT AREA: 21,631.96 SQ. FT.TAPAS BARCELONA113' - 1"3' - 7"52' - 10"47' - 4"18' - 4"18' - 0"47' - 10"65' - 10"169' - 6"32' - 9"36' - 2"95' - 6"25' - 0"1621 - 1628 CHICAGO AVE.1619 CHICAGO AVE.1611 CHICAGO AVE.RETENTION BASIN39' - 3"(L) x 9' - 8" (W) x 10' - 0" (D)(BELOW GRADE)20' - 0"EXISTINGEXISTING© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILONSITE WATER RETENTION1" = 30'0 15' 30'60'EXHIBIT 3(g)433 of 731 TENANT SPACE2,594 SQ.FT.PUBLIC ALLEYLOT AREA:11,159 SQ. FT.NORTH SHORE RETIREMENT HOTELAPPROX. EXIST. BUILDING AREA:127,058 SQ. FT.LOT AREA: 33,728.10 SQ. FT.EXIST. RETAILEXIST. BUILDING AREA:15,887 SQ. FT.LOT AREA: 21,631.96 SQ. FT.TAPAS BARCELONA113' - 1"3' - 7"52' - 10"47' - 5"18' - 4"18' - 0"47' - 10"65' - 10"169' - 6"32' - 9"36' - 1"95' - 6"25' - 0"1621 - 1628 CHICAGO AVE.1619 CHICAGO AVE.1611 CHICAGO AVE.20' - 0"UTILITY POLE WITHLEADS INTO GROUNDUTILITY POLEWITH LIGHTFIRE HYDRANTDOUBLEPARKINGMETERSTREETLIGHTPOLEDOUBLEPARKINGMETERRETENTION BASIN39' - 3"(L) x 9' - 8" (W) x 10' - 0" (D)(BELOW GRADE)WATERSEWERSTORM© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILUTILITIES & EASEMENTS1" = 30'0 15' 30'60'EXHIBIT 3(h)434 of 731 TREESTREES© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILTOPOGRAPHIC FEATURES1" = 30'0 15' 30'60'EXHIBIT 3(i)435 of 731 LIVING ROOMBEDROOMWALK-INCLOSETBATHROOMKITCHEN21' - 9"PTEC4' - 0"TVTVBALCONYSOLID METAL PANEL GUARDRAILCLO10' - 6"10' - 4"13' - 11"5' - 0"6' - 0"9' - 0"5' - 0"11' - 9"© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, IL02'4' 8'UNIT AFLOOR PLAN UNIT ADWELLING UNIT A1/4"=1'-0"EXHIBIT 3(k)436 of 731 LIVING ROOMBEDROOMBATHROOMKITCHENPTECCLOTVTVCLOSETBALCONYSOLID METAL PANEL GUARDRAIL6' - 5"3' - 6"13' - 5"5' - 2"9' - 9"9' - 9"11' - 1"8' - 6"10' - 4"CORRIDOR© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, IL02'4' 8'FLOOR PLAN UNIT BUNIT BDWELLING UNIT B1/4"=1'-0"EXHIBIT 3(l)437 of 731 LIVING ROOMBEDROOMBATHROOMKITCHENCLOSETBALCONYSOLID METAL PANEL GUARDRAILCLOSETTVTVPTEC12' - 10"11' - 5"9' - 11"8' - 6"10' - 4"11' - 1"5' - 0"© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, IL02'4' 8'FLOOR PLAN UNIT CUNIT CDWELLING UNIT C1/4"=1'-0"EXHIBIT 3(m)438 of 731 © 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILCOMPOSITE PERSPECTIVEEXHIBIT 3(n)439 of 731 © 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILPERSPECTIVE VIEWSEXHIBIT 3(o)440 of 731 © 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILSHADE ANALYSIS1" = 60'0 30' 60'120'EXHIBIT 3(p)JUNE 21, 12PMSEPTEMBER 21, 12PMDECEMBER 21, 12PMMARCH 21, 12PM441 of 731 North Shore Residence Addition Horizon Realty 1619 Chicago Avenue June 21, 2013   4. Landscape plan including (D4-2).       4(a) Landscape location and treatment, plant material types, size and quantity, open spaces, and exterior surfaces of all structures; Response: Please refer to exhibit 4(a) Proposed Landscape Plan, 4(b) Proposed Streetscape and 4(c) Proposed Landscape Images which show proposed landscaping and treatment. 4(d) Location, type, and size of trees to be removed and protection for existing trees; Response: Please refer to exhibit 4(b) which shows existing trees to be removed. 4(c) Location, type, height and material of all fences and walls; Response: No landscaping walls or fencing will be provided under this proposal. 4. Landscape plan. 442 of 731 443 of 731 PROPOSEDSTREETSCAPE PLAN 1/16" = 1 '-0" 0 8' 16' 32' YEFSKI RCHITECTS, INC. !C> 20 I 3 M YE:F'SKI ARCH ITEC TS , I NC . PROPOSED STREETSCAPE ELEVATION 1/8" = 1'-0" 0 4' 8' 16' o nn o nn G NORTH SHORE RESENCER ADDITION 1619 CHICAGO AVE I EVANSTON, IL nn nn EXHIBIT 4(b) PROPOSEDSTREETSCAPE 444 of 731 445 of 731 TREES TO BE REMOVEDTREES TO BE REMOVED© 2013 MYEFSKI ARCHITECTS, INC.NORTH SHORE RESIDENCE ADDITION1619 CHICAGO AVE | EVANSTON, ILTREES TO BE REMOVED1" = 30'0 15' 30'60'EXHIBIT 4(d)446 of 731 North Shore Residence Addition Horizon Realty 1619 Chicago Avenue June 21, 2013   5. Plat of survey, fully dimensioned and indicating areas of parcels and lots.       Response: Please refer to the Plat of Survey enclosed in this section. 5. Plat of survey, fully dimensioned and indicating areas of parcels and lots. 447 of 731 448 of 731 North Shore Residence Addition Horizon Realty 1619 Chicago Avenue June 21, 2013   6. Preliminary Plat of Subdivision       Response: A subdivision exhibit is not required for this submittal. The parcel is not currently subdivided nor will it be subdivided in the future. 6. Preliminary plat of subdivision. 449 of 731 North Shore Residence Addition Horizon Realty 1619 Chicago Avenue June 21, 2013   7. Conformance to City of Evanston Guidelines for Building Design and Exterior Appearance.   III. Guidelines for Building Design and Exterior Appearance A. New Construction/Additions to Existing Buildings 1. Mass: Response: The mass is broken up into three vertical volumes as the building faces the street. The material color changes to further divide the composition into smaller proportions horizontally. The horizontal break aligns with the existing North Shore Residence. A reasonable attempt has been made to align the window sills with the existing North Shore Residence. The top of the building steps back from the street to contribute to the break-up of the mass and to align portions of the mass to the adjacent building. 2. Scale and Context Response: Elements of the first floor façade have been designed to align with the existing North Shore Residence. The material color change wraps the corner to the north face of the building. The top of the building has been articulate to give the building a unique presence to contribute to the skyline and steps back at the approximate height that the neighboring building steps back. The width of the building is approximately equal to the width of the wing of the adjacent building to which it abuts. The breakup of the building mass and change in material color occurs on the public way and wraps the corner to the north facade. The ground floor of the public way consists of storefront retail. 3. Exterior Building Materials Response: The exterior building material is brick with punched window openings. The adjacent building is brick and an attempt is being made to match the color. The color of the brick changes near the top of the building to align with the material change near the top of the adjacent building. 4. Roofs Response: The roof over the central portion of the street facade is raised to articulate the roof plane and as an expressive element. The materials are of high quality and durability. The mechanical equipment will be raised onto the building and screened so as not to be visible from any location with an elevation lower than the roof. 5. Architectural Features Response: Building materials and color are consistent with adjacent buildings. Balconies are inset and integrated with the façade. 6. Security and Exterior Lighting Response: The main entrance is oriented to the street. Plenty of windows are provided in the residential units to encourage Eyes on the Street. The first floor retail is faced with large expanses of glass. 7. Loading Docks and Refuse Collection Areas Response: Off-street loading and refuse collection complies with the zoning ordinance, is located in an internal loading area, and is accessed off of the alley. 8. Utilities, Mechanical Equipment, and Stormwater. Response: Utility meters will be located on the back or inside the building. Mechanical equipment will be screened and located on the roof. Overhead utility wires will be placed underground. A cistern is proposed in compliance with the City’s Stormwater Detention Policy. New water services shall comply with the City's Policy on Domestic & Fire Service Connections. 7. Conformance to City of Evanston Guidelines for Building Design and Exterior Appearance. The following list is enumerated according to the item of Guideline being addressed. 450 of 731 North Shore Residence Addition Horizon Realty 1619 Chicago Avenue June 21, 2013   7. Conformance to City of Evanston Guidelines for Building Design and Exterior Appearance.      9. Wireless Communication Antennas Response: No wireless communication antennas are proposed. B. Parking Structures Response: Not applicable C. Ground Floor Uses 1. Retail/Services: a. Pedestrian-Oriented Storefronts Response: The entry for the ground floor retail is oriented toward the street and is recessed. Much of the street frontage consists of vision glass with heights that coincide with the neighboring buildings. Landscaping will be maintained and replaced as necessary to comply with the guidelines. Signage is indicated in compliance with these guidelines and the City’s Sign Regulations. b. Auto-Oriented Storefronts Response: Not Applicable 2. Sidewalk Cafes: Response: An outdoor space is provided off of the sidewalk on the subject property and enclosed on three sides. This will keep the public way clear and extend the length of time the space can be used. It also improves an existing amenity. 3. Offices: Response: In the event the ground floor retail space is leased as an office it will conform to the requirements above. D. Signage Response: Proposed signage complies with the City’s Sign Regulations, exist for the purpose of identification and have a consistent look between each other with uniform heights. E. Adaptive Reuse of Buildings Response: Not Applicable F. Green/LEED Buildings Response: Not Applicable IV. Guidelines for Site Planning A. Building Location Response: The building lies on the property line further enforcing the existing street wall established by the adjacent buildings. The remaining sidewalk is broad with locations for landscaping. All reasonable attempts will be made to relocate any existing mature trees which may be on the site. A shadow study has been provided indicating the shadows cast by the proposed building. 451 of 731 North Shore Residence Addition Horizon Realty 1619 Chicago Avenue June 21, 2013   7. Conformance to City of Evanston Guidelines for Building Design and Exterior Appearance.     B. Landscaping Response: Schematic landscape designs have been provided in Section 4. Although an existing landscaped space will be removed, the project will have a landscaped roof as an amenity for the residents in addition to a winter garden proposed in the new lobby. All reasonable attempts will be made to relocate any existing mature trees which may be on the site. Existing sidewalk planters will be maintained or replanted as necessary to conform to the Guidelines. Hose bibs will be provided at the street front and on the roof. Building Maintenance staff will further maintain the landscaping by removing and disposing of any refuse on a daily basis. Dead, Dying or Diseased Landscape Response: The owner of record will replace any dead, dying, or diseased landscape material within 30 days of notification by the City of Evanston, or within the first 30 days of the earliest available planting season if the original 30-day notification period is during a season that is inappropriate for the installation of new plant material. Landscaping Requirements for Parking Lots Response: No new parking lot is proposed and the existing lot is not visible from the public way. C. Circulation Response: The building is sited in accordance to local regulations and does not impinge on pedestrian, bicycle or vehicular traffic. A traffic study has been provided in Section 14. An off- street loading bay is proposed. No curb cuts are proposed. 452 of 731 North Shore Residence Addition Horizon Realty 1619 Chicago Avenue June 21, 2013   8. Certificate of Disclosure of Ownership Interest Form.       Response: Please refer to the Certificate of Disclosure of Ownership Interest form included as part of the special use application in section 18. 8. Certificate of Disclosure of Ownership Interest form. 453 of 731 North Shore Residence Addition Horizon Realty 1619 Chicago Avenue June 21, 2013   9. Zoning analysis       Response: Please refer to the Zoning Analysis Summary Sheet dated 04/22/13 included in this section. 9. Zoning analysis. 454 of 731 455 of 731 456 of 731 457 of 731 458 of 731 459 of 731 460 of 731 10. Provisions for maintaining open space                     North Shore Residence Addition 1619 Chicago Avenue Horizon Realty June 21, 2013 Response: Presently, the site has a continuous wrought iron fence behind a poorly landscaped area that bars entry to the site from the sidewalk. The proposed building includes provisions for vastly improving the sidewalk landscaping, along with adding outdoor seating for the adjacent restaurant. These additions, plus the additional retail space provided, will add to the continuity of the streetscape and help support sidewalk activity in the area. Please refer to section 4 for drawings. 10. Provisions for maintaining open space 461 of 731   11. Any restrictive covenants       North Shore Residence Addition 1619 Chicago Avenue Horizon Realty June 21, 2013 The property in question does not have any restrictive covenants.   11. Any restrictive covenants 462 of 731 12. Schedule of development       North Shore Retirement Hotel Addition 1619 Chicago Avenue Horizon Realty June 21, 2013 Please see the exhibit in this section which outlines the schedule of development.   12. Schedule of development. 463 of 731 464 of 731 North Shore Residence Addition Horizon Realty 1619 Chicago Avenue June 21, 2013   13. Economic feasibility study       Response: Please refer to economic feasibility statement included in this section. 13. Economic feasibility statement. 465 of 731 466 of 731 467 of 731 North Shore Residence Addition Horizon Realty 1619 Chicago Avenue June 21, 2013   14. Traffic circulation impact study       Response: Please refer to the traffic circulation study prepared by KLOA –Traffic Impact Study dated May 9th, 2013 included in this section. 14. Traffic circulation impact study. 468 of 731 KLOA, Inc. Transportation and Parking Planning Consultants 9575 West Higgins Road, Suite 400 | Rosemont, Illinois 60018 p: 847-518-9990 | f: 847-518-9987 MEMORANDUM TO: Jeffery Michael Horizon Realty Group . FROM: Michael A. Werthmann, PE, PTOE Principal DATE: May 9, 2013 SUBJECT: Traffic Impact Study Proposed North Shore Residence Addition Evanston, Illinois This memorandum summarizes the methodologies, results, and findings of a traffic impact study conducted by Kenig, Lindgren, O’Hara, Aboona, Inc. (KLOA, Inc.) for the proposed expansion of the North Shore Residence located in Evanston, Illinois. The North Shore Residence is located on the north side of Davis Street bounded by Chicago Avenue on the west and a public alley on the east. Currently, the North Shore Residence contains 185 independent living units and associated facilities and approximately 10,571 square feet of ground floor commercial space. In addition to furnished units, the North Shore Residence provides its residents three meals per day, housekeeping services, cable television/phone services and various social programs. An eight story expansion is proposed to be located on the north side of the property that currently contains the pool and outdoor space. The expansion will consist of 65 independent units and 2,600 square feet of ground floor commercial space. As part of the expansion, the existing building will be completely remodeled that will include combining some of the existing units. With the remodeling, the number of units in the existing building will be reduced from 185 units to 140 units. Therefore, the proposed remodeling and expansion will result in a net increase in 20 units for a total of 205 units. Figure 1 shows the location of the North Shore Residence in relation to the area street system. )LJXUH shows an aerial view of the parcel. The purpose of this study was to examine background traffic conditions, assess the impact that the proposed expansion will have on traffic conditions in the area and determine if any street improvements are necessary to accommodate traffic generated by the proposed expansion. 469 of 731 2 Site Location Figure 1 470 of 731 3 Aerial View of Site Location Figure 2 471 of 731 4 The sections of this memorandum present the following. • Existing street conditions • A description of the proposed expansion • Directional distribution of the expansion traffic • Vehicle trip generation for the expansion • Traffic analyses for the weekday morning and weekday evening peak hours • Recommendations with respect to adequacy of the adjacent street system Existing Conditions Existing transportation conditions in the vicinity of the site were documented based on field visits conducted by KLOA, Inc. in order to obtain a database for projecting future conditions. The following provides a description of the geographical location of the site, physical characteristics of the area street system including lane usage and traffic control devices and existing peak hour traffic volumes. Site Location The North Shore Residence is located on the north side of Davis Street bounded by Chicago Avenue on the west and a public alley on the east in the central business district. Area land uses generally consist of commercial, office and multi-story residential developments. Existing Street System Characteristics Figure 3 illustrates and the following summarizes the existing street characteristics within the vicinity of the site. Chicago Avenue is generally a north-south two-way street. In the vicinity of the site, it has one lane in each direction with parallel parking generally permitted on both sides of the street. Chicago Avenue is under traffic signal control at its intersections with Davis Street and Church Street. A dedicated drop-off/pick-up lane serving the North Shore Residence is provided on the east side of Chicago Avenue just north of Davis Street. Chicago Avenue has a posted speed limit of 30 mph and is under the jurisdiction of the City of Evanston. Davis Street is generally an east-west street that is restricted to one-way westbound traffic flow within the vicinity of the site. East of Chicago Avenue, Davis Street provides two westbound lanes with angle parking provided on the south side of the street and parallel parking provided on the north side of the street. West of Chicago Avenue, Davis Street provides three westbound lanes with parallel parking provided on the both sides of the street. Davis Street is under the jurisdiction of the City of Evanston. 472 of 731 PROJECT:TITLE:Job No: 13-073Figure: 3North Shore ResilEvanston, IllinoisNNOT TO SCALESITEDAVISSTREETCHURCHSTREETCHICAGO AVENUE PUBLIC ALLEYExisting Street ConditionsPPPPPPPPPPPPBLPP- TRAVEL LANE- TRAFFIC SIGNAL- STOP SIGN- NO PARKING- ON-STREET PARKING- BIKE LANE30PP473 of 731 6 Church Street is generally an east-west street that is restricted to one-way eastbound traffic flow. Within the vicinity of the site it provides two eastbound lanes with parallel parking generally provided on the north side of the street. Church Street is under the jurisdiction of the City of Evanston. Public Transportation The area is served by several modes of public transportation including Metra commuter rail, CTA rapid transit service and two bus lines. The following summarizes the rail lines providing service to the area. • The Metra Union Pacific/North Line (UP-N) has a local stop at Benson Avenue just north of Davis Street which is located approximately two to three blocks west of the North Shore Residence. This line provides daily service between Ogilvie Transportation Center in Chicago and Kenosha, Wisconsin. • The CTA Purple Transit Line has a local stop at Benson Avenue just north of Davis Street and is located two to three blocks west of the North Shore Residence. This line provides daily service between the Linden Station in Wilmette and the Howard Station on the border of Chicago and Evanston. In addition, weekday peak period express service is provided between the Howard Station and downtown Chicago Loop. In addition, the following bus routes serve the immediate area. • Route Number 205 Chicago/Golf generally runs along Chicago Avenue, Davis Street, Church Street and Golf Road between the Howard Street rapid transit station and the Cook County Courthouse in Skokie. Service is provided Monday through Friday. • Route N201 Central/Sherman (Night Bus) generally runs along Chicago Avenue and Sherman Avenue between the Howard Street rapid transit station and Central Street. Service is provided during overnight hours only. In addition, several other bus routes have stops that are within walking distance of the North Shore Residence. Non-Motorized Modes of Transportation The site is served by the following non-motorized modes of transportation. Bicycle Routes. According to the City of Evanston, Chicago Avenue, Davis Street and Church Street are designated bike routes within the vicinity of the site. Pedestrian Facilities. All of the streets within the immediate area generally have sidewalks on both sides of the street. Crosswalks and pedestrian traffic signals are provided at the Chicago Avenue/Davis Street and Chicago Avenue/Church Street intersections. 474 of 731 7 Existing Traffic Volumes In order to determine current transportation conditions on the existing streets, KLOA, Inc. conducted peak period vehicle, pedestrian and bicycle counts at the following intersections. • Davis Street with Chicago Avenue • Davis Street with the alley located east of Chicago Avenue • Church Street with Chicago Avenue • Church Street with the alley located east of Chicago Avenue • Chicago Avenue with the North Shore Residence drop-off/pick-up lane The traffic counts were conducted on Wednesday, April 24, 2013 during the morning (7:00 A.M. to 9:00 A.M.) and evening (4:00 P.M. to 6:00 P.M.) peak periods. The results of the traffic counts showed that the weekday morning peak hour of traffic occurs from 8:00 A.M. to 9:00 A.M. and the weekday evening peak hour of traffic occurs from 5:00 P.M. to 6:00 P.M. Figures 4 and 5 illustrate the existing vehicle, pedestrian and bicycle peak hour volumes. Traffic Characteristics of the Proposed Expansion In order to properly evaluate future traffic conditions in the surrounding area, it was necessary to determine the traffic characteristics of the proposed expansion, including the directional distribution and volumes of traffic that it will generate. Proposed Expansion Plan The North Shore Residence currently contains 185 independent living units and associated facilities and approximately 12,657 square feet of ground commercial space. In addition to furnished units,the North Shore Residence rovides its residents three meals per day, housekeeping services, cable television/phone services and various social programs. Approximately 58 independent living units and 1,600 square feet of commercial space are currently vacant within the North Shore Residence. The North Shore Residence has a total of 23 parking spaces that have access via the public alley located along the east side of the property. These spaces are used for residents, visitors and employees. It should be noted that currently none of the residents keep a vehicle within the parking lot. Lastly, the North Shore Residence has a one-way northbound drop-off/pick-up lane provided along the east side of Chicago Avenue just north of Davis Street. An eight story expansion is proposed to be located on the north side of the property that currently contains the pool and outdoor space. The expansion will consist of 65 independent units and 2,600 square feet of ground floor commercial space. As part of the expansion, the existing building will be completely remodeled that will include combining some of the existing units. With the remodeling, the number of units in the existing building will be reduced from 185 units to 140 units. Therefore, the proposed remodeling and expansion will result in a net increase in 20 units for a total of 205 units. No additional parking is to be provided as part of the expansion. However, the developer has committed to lease nine parking spaces from one of the parking facilities in the area. 475 of 731 PROJECT:TITLE:Job No: 13-073Figure: 4LEGEND00(00)- AM PEAK HOUR (8:00-9:00 AM)- PM PEAK HOUR (5:00-6:00 PM)North Shore HotelEvanston, IllinoisExisting Peak HourVehicle Volumes27 (46)19 (46)15 (22) 93 (63)57 (58)SITE1 (0) 6 (5) 2 (11) 0 (12)8 (4)239 (296)226 (486)154 (223)166 (280)403 (281)DAVISSTREETCHURCHSTREETCHICAGO AVENUE PUBLIC ALLEY6 (11)1 (1)4 (6) 125 (191) 266 (581) 3 (6)132 (170)175 (144) 470 (327)6 (4)167 (238)7 (5)7 (12) 0 (0) 4 (12) 1 (1)15 (8)NNOT TO SCALE8476 of 731 PROJECT:TITLE:Job No: 13-073Figure: 5LEGENDSITEDAVISSTREETCHURCHSTREETCHICAGO AVENUE PUBLIC ALLEYNorth Shore HotelEvanston, IllinoisExisting Peak HourPedestrian and Bicycle Volumes79 (168)62 (165)41 (61)7 (13)53 (68)53 (71)8 (14)53 (113)57 (93)75 (148)7 (12)3 (4)16 (7) 56 (93) 84 (190) 3 (15) 8 (12)9 (5) 2 (15) 17 (9) 79 (133) 126 (403)- PEDESTRIAN VOLUME- BICYCLE VOLUME00 (00)00 (00)NNOT TO SCALE00- AM PEAK HOUR (8:00-9:00 AM)(00)- PM PEAK HOUR (5:00-6:00 PM)9477 of 731 10 Directional Distribution of Site Traffic The directional distribution of future expansion-generated trips was based on observed traffic conditions. Estimated Site Traffic Generation Due to the age and declining physical abilities of the residents of independent living developments, many resident do not owns a vehicle and, therefore, do not drive. As indicated previously, no current residents of the North Shore Residence own a vehicle. The main generators of traffic at these developments are employees and visitors. However, the peak visiting periods generally occur after 6:00 P.M. on weekdays and weekend afternoons. Similarly, the employee shifts for thesedevelopments generally begin and end outside the commuter peak periods. Therefore, it can be seen that these developments generate a very nominal amount of total traffic and peak hour traffic. The number of peak hour vehicle trips estimated to be generated by the proposed new and vacant independent living units was based on surveys conducted by KLOA, Inc. at several independent living communities within the Chicagoland area. As indicated previously, the proposed expansion and remodeling of the existing building will result in a net increase of 20 units. In addition, 58 units are currently vacant within the building. Table 1 shows the weekday morning and evening peak hour traffic to be generated by the new and vacant independent living units. Table 1 ESTIMATED SITE-GENERATED TRAFFIC VOLUMES Morning Peak Hour Evening Peak Hour Inbound Outbound Inbound Outbound Vacant Existing Units (58) 5 3 6 6 New Units (20) 2 1 2 2 Total 7 4 8 8 It should be noted that the surveys were conducted at suburban locations where the primary mode of transportation is the automobile. Given the location of the North Shore Residence within the central business district and its proximity to alternative modes of transportation, the number of additional vehicle trips generated by the expansion will likely be reduced. However, to provide a conservative or worst case analyses, no trip reductions were assumed. Given the limited size of the new and vacant commercial space and the fact that the uses will generally serve the existing neighborhood, the commercial space is expected to generate a very limited volume of new traffic to the area. Further, any new traffic that will be generated by the commercial space will be parking on the area streets or an area parking garage and will not be concentrated to one street or intersection. As such, it was assumed that any additional traffic to be generated by the commercial space was included in the background traffic growth as discussed in the next section. 478 of 731 11 Total Projected Traffic Volumes The additional weekday morning and evening peak hour traffic volumes that will be generated by the proposed expansion and vacant units were assigned to the street system in accordance with the previously described directional distribution. It should be noted that the additional traffic to be generated by the expansion and the vacant units will likely park in a number of locations including the North Shore Residence parking lot, within one of the area parking facilities or on the area streets. However, to provide a worst case analysis, it was assumed that all of the new traffic will be parking in the North Shore Residence parking lot that has access via the public alley. To account for other growth in the area as well as any additional traffic that may be generated by the vacant and new commercial space, the existing traffic volumes were increased by five percent. Figure 6 shows the total projected traffic volumes which include the existing traffic volumes plus the background traffic plus the estimated traffic to be generated by the expansion and the vacant units. Traffic Analysis Traffic analyses were performed for the intersections in the study area to determine the operation of the existing street system, evaluate the impact of the proposed expansion and determine the ability of the street system to accommodate projected traffic demands. Analyses were performed for the weekday morning and evening peak hours for both the existing and projected traffic volumes. The traffic analyses were performed using the Highway Capacity Software (HCS) computer software. The ability of an intersection to accommodate traffic flow is expressed in terms of level of service, which is assigned a letter grade from A to F based on the average control delay experienced by vehicles passing through the intersection. Control delay is that portion of the total delay attributed to the traffic signal or stop sign control operation and includes initial deceleration delay, queue move-up time, stopped delay, and final acceleration delay. Level of Service A is the highest grade (best traffic flow and least delay), Level of Service E represents saturated or at-capacity conditions, and Level of Service F is the lowest grade (oversaturated conditions, extensive delays). For two-way stop controlled (TWSC) intersections, levels of service are only calculated for the approaches controlled by a stop sign (not for the intersection as a whole). The Highway Capacity Manual definitions for levels of service and the corresponding control delay for unsignalized and signalized intersections are provided in the Appendix. The results of the capacity analysis for both existing and future conditions are summarized in Table 2. 479 of 731 PROJECT:TITLE:Job No: 13-073Figure: 630 (51)21 (52)21 (15)18 (25) 100 (69)60 (61)LEGEND00(00)- AM PEAK HOUR (8:00-9:00 AM)- PM PEAK HOUR (5:00-6:00 PM)SITE1 (0) 7 (6) 2 (1) 0 (12)8 (4)253 (311)237 (510)164 (236)175 (294)424 (297)Total ProjectedPeak Hour Vehicle VolumesDAVISSTREETCHURCHSTREETCHICAGO AVENUE PUBLIC ALLEY6 (11)1 (1)4 (6) 131 (201) 278 (610) 3 (6)140 (182)184 (151) 496 (347)7 (5)177 (254)7 (5)7 (12) 0 (0) 7 (19) 1 (1)North Shore HotelEvanston, IllinoisNNOT TO SCALE12480 of 731 13 Table 2 CAPACITY ANALYSIS RESULTS Weekday Morning Peak Hour Weekday Evening Peak Hour Intersection LOS Delay LOS Delay Existing Conditions Davis Street/Chicago Avenue1 B 16.0 C 24.2 Davis Street/public alley2 B 10.9 B 11.3 Church Street/Chicago Avenue1 B 12.8 B 19.8 Church Street/public alley2 B 10.2 B 11.5 Projected Conditions Davis Street/Chicago Avenue1 B 16.2 C 26.9 Davis Street/public alley2 B 11.0 B 11.6 Church Street/Chicago Avenue1 B 13.2 C 20.9 Church Street/public alley2 B 11.5 B 13.4 LOS - Level of Service Delay - Measured in seconds. 1 - Signalized Intersection 2 - Unsignalized Intersection Traffic Evaluation The results of the capacity analyses show that all of the intersections within the study area are currently operating at a good level of service. The capacity analyses indicated that some queuing and delays are currently experienced on some approaches as well as certain individual movements. However, field observation and the capacity analyses indicate that the queuing and delays are typically not excessive. With the addition of the expansion traffic and the other growth projected in the area all of the intersections are projected to continue to operate at an acceptable level of service. The existing street system has sufficient reserve capacity to accommodate the limited additional traffic to be generated by the proposed expansion of the North Shore Residence. As such, no additional capacity and/or street modifications are required to accommodate the additional traffic to be generated by the proposed expansion. 481 of 731 14 Drop-off/Pick-Up Lane A dedicated drop-off/pick-up lane serving the North Shore Residence is provided along the east side of Chicago Avenue just north of Davis Street. The drop-off/pick-up lane provides one-way northbound circulation with all traffic entering from the south side of the lane and exiting the north side of the lane. Full access (right-turn and left-turn movements) is provided to and from the drop-off/pick-up lane. The existing design of the drop-off/pick-up lane is sufficient to accommodate the limited existing and additional traffic projected to use the drop-off/pick-up lane. Conclusion and Recommendations The following summarizes the conclusions and recommendations of the traffic study. • The proposed remodeling and expansion of the North Shore Residence will result in a net gain of 20 independent living and 2,600 square feet of commercial spaces. • The proposed expansion of the North Shore Residence is estimated to generate a very limited volume of new traffic. Further, given the location of the North Shore Residence within the central business district and its proximity to alternative modes of transportation, the number of additional vehicles trips generated by the expansion will likely be reduced. • The additional traffic generated by the expansion can be accommodated efficiently with limited impact to the external street system. All of the intersections within the study limits are projected to operate at acceptable levels of service with the addition of the expansion- generated traffic. • The existing drop-off/pick-up lane on Chicago Avenue serving the North Shore Residence is sufficient to accommodate the existing and additional traffic projected to use the drop-off/pick-up lane.   13-073 Michael Proposed North Shore Residence Expansion in Evanston May 9 2012 482 of 731 15 483 of 731 Appendix 484 of 731 LEVEL OF SERVICE CRITERIA—SIGNALIZED INTERSECTIONS Level of Service Interpretation Delay per Vehicle (seconds) A Very short delay, with extremely favorable progression. Most vehicles arrive during the green phase and do not stop at all. ≤10.0 B Good progression, with more vehicles stopping than for Level of Service A, causing higher levels of average delay. >10 and ≤20.0 C Light congestion, with individual cycle failures beginning to appear. Number of vehicles stopping is significant at this level though many still pass through the intersection without stopping. >20 and ≤35 D Congestion is more noticeable, with longer delays resulting from combination of unfavorable progression, long cycle lengths, or high V/C ratios. Many vehicles stop and the proportion of vehicles not stopping declines. >35 and ≤55 E High delays result from poor progression, high cycle lengths and high V/C ratios. >55 and ≤80 F Unacceptable delay occurring, with oversaturation. >80.0 Source: Highway Capacity Manual, 2010. LEVEL OF SERVICE CRITERIA—UNSIGNALIZED INTERSECTIONS Unsignalized Intersections Level of Service Average Control Delay (seconds per vehicle) A 0 - 10 B > 10 - 15 C > 15 - 25 D > 25 - 35 E > 35 - 50 F > 50 Source: Highway Capacity Manual, 2010. 485 of 731 North Shore Residence Addition Horizon Realty 1619 Chicago Avenue June 21, 2013   15. Statement showing relationship of proposed development to the Comprehensive General Plan and other city land use plans.       The proposed addition to the North Shore Hotel enforces many key elements of the “Evanston Comprehensive General Plan” dated February 9th, 2009. The follow are key points. “Encourage use of underutilized small spaces” Response: The proposed construction fills the only vacant lot to complete the retail corridor. The space, which is rarely used by the current North Shore Hotel residents, will be developed with retail, support spaces, and 65 modern units to maximize the density and functionality of the site. “Re-use aging, yet significant buildings” Response: The proposed building will provide all the support services and amenities to revitalize the existing North Shore Hotel and return it to a vibrant and viable housing community. “Enhance the Pedestrian Experience” Response: As part of the proposed building a covered three season outdoor eating area will be provided for the existing restaurant. This will create an exciting space for an established restaurant to provide expanded outdoor seating regardless of the weather. “Reduce the impact of storm water…” Response: The proposed building will provide an underground storage facility for storm water. This will allow the storm water to slowly return to the drainage system at a time when the pressure on the system has been reduced. “Maintain and enhance the desirability and range of choice that the housing stock offers” Response: The proposed project provides new modern housing for an older demographic. This includes activities, leisure opportunities, and support services not currently possible for the 140 units in the North Shore Hotel. 15. Statement showing relationship of proposed development to the Comprehensive General Plan and other city land use plans. 486 of 731 North Shore Residence Addition Horizon Realty 1619 Chicago Avenue June 21, 2013   16. Statement showing compatibility of proposed development within the subject and surrounding residential and non-residential neighborhoods.       Response: The North Shore Residence Addition is a medium density mixed-use project consisting of approximately 2,500 square feet of retail space situated below 65 independent living units for seniors. This is a separate component to the overall project which will include the interior remodeling of the existing North Shore Residence improving the common areas, enlarging units and improving the general living conditions of the building for its occupants by upgrading the amenities. This project lies within the Chicago Avenue Business District and is located directly to the north of and adjacent to the existing North Shore Residence on the corner of Davis St. and Chicago Ave. The Chicago Avenue Business District is characterized by one to four story buildings with buildings greater than 6 stories dispersed throughout. Directly south of the property, the existing North Shore Residence is 6.5 stories tall, a residential tower to the east of the property across the alley is 7 stories tall and across the street, on the block bound by Davis St., Chicago Ave., Church St. and Orrington Ave. there are two 20-plus story towers. The majority of the properties have retail or office on the ground floor. The proposed plan is in keeping with the neighboring retail street-wall with retail at its base and will reinforce the commercial amenities in the area. The independent living component above the retail is in keeping with many of the nearby residential rental towers. The proposed project is one story taller than the adjacent existing North Shore Residence to the south in massing but steps back at the top story so as to better relate to the existing Residence. The top of the proposed building is articulated in such a way to provide additional accordance with the existing Residence. The proposed project is also reduced in height by one story adjacent to the alley to the east with consideration to the 7 story residential tower located across the alley. The building also steps back 5 feet beginning with the second floor. This along with the larger width of the alley, 20 feet versus the average 16 feet, work to reduce the impact of the massing upon neighboring properties abutting the alley. The property directly to the north is a one story retail building with a parking lot the owner intends to make use of. The retail at the base of the proposed project aligns with the adjacent commercial street-wall. The property will also provide a three-season exterior space for an existing business to enhance their patio seating amenity. This along with the compliant streetscape design improvement will work to reinforce the retail viability of the area to promote local businesses. The unit density of the project is compatible with the area and Chicago Avenue Central Business District. When taken into consideration with the existing North Shore Residence Remodel the result is a net increase of only 20 units meaning an overall reduction in unit density for the two sites. The overall project will improve the quality of life for the residents and the new project will complete the commercial street-wall to establish a vibrant and active commercial streetscape. 16. Statement showing compatibility of proposed development within the subject and surrounding residential and non-residential neighborhoods. 487 of 731 North Shore Residence Addition Horizon Realty 1619 Chicago Avenue June 21, 2013   17. Statement showing how the proposed development is compatible with the design guidelines for planned developments.                 Response: The proposed project fits “as of right” zoning guidelines for the D4 district. No relief for size, bulk or density is being sought. The project is being submitted as an allowable Special Use in zone D4. More specifically it is proposed as an “independent living facility” that will expand the existing independent living facility currently in the North Shore Residence. 17. Statement showing how the proposed development is compatible with the design guidelines for planned developments 488 of 731 North Shore Residence Addition Horizon Realty 1619 Chicago Avenue June 21, 2013   18. Special Use application form        18A. Briefly describe the proposed Special Use: Response: The proposed new Special Use is for Independent Living and will replace the existing legal non-conforming use of the current North Shore Residence to encompass both the existing North Shore Residence as well as the land located adjacent to north. The proposed building will be an addition to the North Shore Residence and will provide supportive services for the existing independent living facility. Additional units will also be provided. 18(a) Special Use is allowed in the district; Response: Yes, an independent living facility is referred to in the City of Evanston Ordinance §6-11-5-10-3 18(b) The requested Special Use will interfere with or diminish the value of property in the neighborhood. It will cause a negative cumulative effect on the neighborhood.; Response: No. The proposed building will provide new Independent Living services to the existing North Shore Residence, which will allow the building to function more effectively. It will provide new retail space to complete the retail corridor and create covered, three season outdoor seating for an existing restaurant. Due to the significant investment the Applicant is making in the subject property, there should be no diminution of value of any property in the neighborhood. In fact, these property values could reasonably be expected to increase. Having been an integral part of the neighborhood for almost 90 years, the proposed development will improve the cumulative effect on the neighborhood and the City by enhancing an existing established and welcomed use. 18(c) The proposed Special Use can be adequately served by public facilities and services. Response: The proposed building creates more density on an urban lot that has many transportation options and is readily served by city services. The Special Use will place no greater demand on public facilities and services than a development built in strict accordance with the D4 Downtown Transition District "as of right" standard. 18(d) The proposed Special Use will not cause undue traffic congestion. Response: The Special Use will have no greater impact on traffic congestion than a development built in strict accordance with the D4 Downtown Transition District "as of right" standard. Please refer to the traffic circulation impact study in section 14. 18(e) The proposed Special Use will preserve significant historical and architectural resources. Response: The proposed project will provide services and facilities to make the North Shore Residence a vibrant community therefore keeping the historic building economically viable. 18(h) The proposed Special Use will preserve significant natural and environmental features. Response: No significant natural or environmental features are present on this site. Stormwater retention measures are proposed which will reduce the impact on City storm systems. Sidewalk planters will be replanted as necessary. A new rooftop garden is proposed as well as an internal winter garden. 18. Special Use application form, including statement addressing the standards for special uses in §6-3-5-10 489 of 731 North Shore Residence Addition Horizon Realty 1619 Chicago Avenue June 21, 2013   18. Special Use application form      18(i) The proposed Special Use will comply with all other applicable regulations. Response: Yes. The proposed project will comply with all local codes and ordinances except for the Special Use being requested herein. 490 of 731 491 of 731 55.. RREEQQUUIIRREEDD DDOOCCUUMMEENNTTSS AANNDD MMAATTEERRIIAALLSS The following are required to be submitted with this application: F (This) Completed and Signed Application Form F Plat of Survey Date of Survey: _______________________________ F Project Site Plan Date of Drawings: _____________________________ F Plan or Graphic Drawings of Proposal (If needed, see notes) F Non-Compliant Zoning Analysis F Proof of Ownership Document Submitted: __________________________ F Application Fee Amount $__________ Transcript Deposit Fee $150 Notes: Incomplete applications will not be accepted. Although some of these materials may be on file with another City application, individual City applications must be complete with their own required documents. Plat of Survey (1) One copy of plat of survey, drawn to scale, that accurately reflects current conditions. Site Plan (1) One copy of site plan or floor plans, drawn to scale, showing all dimensions. Plan or Graphic Drawings of Proposal A Special Use application requires graphic representations for any elevated proposal-- garages, home additions, roofed porches, etc. Applications for a/c units, driveways, concrete walks do not need graphic drawings; their proposed locations on the submitted site plan will suffice. Proof of Ownership Accepted documents for Proof of Ownership include: a deed, mortgage, contract to purchase, closing documents (price may be blacked out on submitted documents). • Tax bill will not be accepted as Proof of Ownership. Non-Compliant Zoning Analysis This document informed you that the proposed change of use is non-compliant with the Zoning Code and requires a variance. Application Fee & Transcript Deposit The application fee depends on your zoning district (see zoning fees). Acceptable forms of payment are: Cash, Check, or Credit Card. The $150 transcript deposit is applied to the cost of a court reporter. The City hires a court reporter to transcribe the Zoning Board of Appeals hearing- as specified in the Zoning Board of Appeals’ Rules of Procedures. Applicants are responsible for the cost of the hearing transcript at a rate of $7.50 per page. (The $150 deposit is applied to that fee; final fees may result in a refund or additional charges). The final fee directly covers the cost of the court reporter. Page 2 of 6 492 of 731 66.. PPRROOPPOOSSEEDD PPRROOJJEECCTT A. Briefly describe the proposed Special Use: _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ AAPPPPLLIICCAANNTT QQUUEESSTTIIOONNSS a) Is the requested special use one of the special uses specifically listed in the Zoning Ordinance? What section of the Zoning Ordinance lists your proposed use as an allowed special use in the zoning district in which the subject property lies? (See Zoning Analysis Review Sheet) _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ b) Will the requested special use interfere with or diminish the value of property in the neighborhood? Will it cause a negative cumulative effect on the neighborhood? _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ c) Will the requested special use be adequately served by public facilities and services? _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Page 3 of 6 493 of 731 d) Will the requested special use cause undue traffic congestion? _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ e) Will the requested special use preserve significant historical and architectural resources? _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ f) Will the requested special use preserve significant natural and environmental features? _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ g) Will the requested special use comply 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? _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Page 4 of 6494 of 731 City of Evanston DISCLOSURE STATEMENT (This form is required for all Major Variances and Special Use Applications) The Evanston City Code, Title 1, Chapter 18, requires any persons or entities who request the City Council to grant zoning amendments, variations, or special uses, including planned developments, to make the following disclosures of information. The applicant is responsible for keeping the disclosure information current until the City Council has taken action on the application. For all hearings, this information is used to avoid conflicts of interest on the part of decision-makers. 1. If applicant is an agent or designee, list the name, address, phone, fax, and any other contact information of the proposed user of the land for which this application for zoning relief is made: Does not apply. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 2. If a person or organization owns or controls the proposed land user, list the name, address, phone, fax, and any other contact information of person or entity having constructive control of the proposed land user. Same as number _____ above, or indicated below. (An example of this situation is if the land user is a division or subsidiary of another person or organization.) _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 3. List the name, address, phone, fax, and any other contact information of person or entity holding title to the subject property. Same as number ______ above, or indicated below. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 4. List the name, address, phone, fax, and any other contact information of person or entity having constructive control of the subject property. Same as number ______ above, or indicated below. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Page 5 of 6 495 of 731 If Applicant or Proposed Land User is a Corporation Any corporation required by law to file a statement with any other governmental agency providing substantially the information required below may submit a copy of this statement in lieu of completing a and b below. a. Names and addresses of all officers and directors. _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ b. Names, addresses, and percentage of interest of all shareholders. If there are fewer than 33 shareholders, or shareholders holding 3% or more of the ownership interest in the corporation or if there are more than 33 shareholders. _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ If Applicant or Proposed Land User is not a Corporation Name, address, percentage of interest, and relationship to applicant, of each partner, associate, person holding a beneficial interest, or other person having an interest in the entity applying, or in whose interest one is applying, for the zoning relief. ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Page 6 of 6496 of 731 SSppeecciiaall UUssee Information AA.. GGEENNEERRAALL IINNFFOORRMMAATTIIOONN 1. What projects are eligible for a Special Use Permit? Projects are eligible per zoning District. Please check the Zoning District to see if your proposed project is listed as a permitted Special Use per zoning District. The Allowed Uses by Zoning District handout is also another way to access information to see if your project is eligible to apply. 2. Who can submit an application? The applicant must either own, lease, or have legal or equitable interest in the subject property, or must be the representative of such a person. All persons or parties which have an ownership interest in the affected properties must be identified and must sign the application. The Property Owner(s) may, at their discretion, designate another person as Applicant to act on their behalf in processing this application. In that case, the designated Applicant will be considered the primary contact, until the application is closed or the Property Owner changes the designated Applicant by contacting the Zoning Office in writing. Standing (§6-3-8-4): 3. How do I submit an application? Applications must be submitted in person to the Zoning Office, City of Evanston, Civic Center Room 3700, 2100 Ridge Avenue. Our office hours are Monday through Friday (excluding Holidays) from 8:30 am until 5:00 pm. Evanston. Applications must be complete, including all required documentation and fee. Applications are not accepted by mail or e-mail. Application materials cannot be returned. 4. What forms of payment are accepted? Cash, Credit Card, Check. 5. Can I withdraw my application? Yes, an application may be withdrawn any time prior to a vote. 6. Who has access to my application materials? The application is a public document, and as such, may be reviewed by the general public upon request. BB.. IINNFFOORRMMAATTIIOONN AABBOOUUTT SSPPEECCIIAALL UUSSEESS What is a Special Use Permit? For each zoning district, the Zoning Ordinance identifies permitted uses (also called “by right” uses) and special uses which may be allowed depending upon the circumstances. In order to legally operate a special use, a property owner must apply for a Special Use Permit from the Zoning Office. The application is reviewed at a public hearing by the Zoning Board of Appeals (ZBA), which makes a recommendation to the City Council. The ZBA can also recommend conditions on a granted special use. The City Council is the deciding body for all Special Uses in the City of Evanston. 497 of 731 The Special Use Application Process • The City reviews the project through a Zoning Analysis (applied for separately) and determines it is eligible to apply for a special use • The Applicant files a Special Use Application • The City publishes a notice of the hearing in the Evanston Review, between 15 and 30 days prior to hearing. • The City posts a sign describing the public hearing on the property no less than 10 working days before the hearing. • The City must mail notification of the public hearing to all properties that are within 500 feet of any point on the subject property. (The applicant is responsible for the accuracy of the list used by the City for mailing this notice. The applicant can either rely on a list the City produces through its Geographic Information System or produce his or her own list of the names and addresses of property owners within 500 feet of the subject property. The Zoning Office will send to the applicant its generated mailing list. The applicant should inform the Zoning Office if any names and addresses are missing. • The City encourages all applicants to discuss their proposal with their neighbors prior to the public hearing. • The Zoning Division will schedule the applicant to meet with the Site Plan & Appearance Review Committee; (SPAARC) which provides a recommendation to the Zoning Board of Appeals. • The ZBA recommends denial, approval, or approval with conditions of the application to City Council; • The Planning and Development Committee of the City Council considers the ZBA recommendation and forwards it to the full City Council with or without a recommendation; • City Council considers the ZBA recommendation and may introduce an ordinance granting the requested zoning relief; • City Council may adopt an ordinance granting the requested zoning relief at the following or any subsequent City Council meeting. The approximate time from when the Zoning Office receives a complete application to a decision is three to four months. To recommend approval for a special use, the ZBA must find that the proposed special use meets all of the following criteria: 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. Expiration Within one year of obtaining a special use permit, the recipient must either obtain a building permit and commence construction, or obtain a certificate of occupancy and commence the use. City Council may extend this one-year limitation upon request. CONTACT INFORMATION D EPARTMENT OF C OMMUNITY D EVELOPMENT — Z ONING O FFICE 2100 R IDGE A VENUE, R OOM 3700 E VANSTON, I LLINOIS 60201 847-866-2930  847-448-8126 | zoning@cityofevanston.org à www.cityofevanston.org/zoning 498 of 731 North Shore Residence Addition Horizon Realty 1619 Chicago Avenue June 21, 2013   19. Statement addressing the general conditions for planned developments in the Downtown Districts (§6-11-1-10(A)).       19(a) The proposed planned development will be compatible with surrounding development and will not exercise any influence contrary to the purpose and intent of the Zoning Ordinance, as stated in §6-1-2, owing to height, bulk, or scale. Response: The proposed planned development meets all current Zoning requirements. Additionally, the proposed building has similar massing characteristics as the adjacent North Shore Residence. 19(b) The proposal will enhance the existing downtown by: i) Preserving character-giving buildings ii) Enhancing existing streetscape amenities; iii) Maintaining retail continuity where prominent; iv) Strengthening pedestrian orientation and scale; and v) Contributing to mixed use vitality Response: The proposed project will provide services and amenities not currently available in the existing North Shore Residence. The addition of these will extend the useful life of the historic building by making it a financially viable business use. The proposed building closes the only gap remaining in the retail corridor and adds an outdoor café space that will contribute to the sidewalk dynamics. 19(c) The planned development and all landscaping must be compatible with and implement the Comprehensive General Plan, the Plan for Downtown Evanston, any adopted land use or urban design plan, this Zoning ordinance, and any other pertinent city planning and development policies, particularly in terms of: i) Land use; ii) Land use intensity; iii) Housing; Preservation; iv) Environmental; Urban Design; v) Traffic impact and parking; impact on schools, public services and facilities; vi) Essential character of the downtown district, the surrounding residential neighborhood, and abutting residential lots. vii) Neighborhood planning; and viii) Conservation of the taxable value of land and buildings throughout the City, and retention of taxable land on tax rolls. Response: Please refer to section 15 of this proposal. 19. Statement addressing the general conditions for planned developments in the Downtown Districts (§6-11-1-10(A)). 499 of 731 North Shore Residence Addition Horizon Realty 1619 Chicago Avenue June 21, 2013   20. Statement addressing the site controls and standards for planned developments in Downtown Districts (§6-11-1-10(B)).       20(a) No exterior walkways are proposed under this submittal. 20(b) Given the elderly nature of the residents, minimal increase of car traffic is anticipated. Most residents use a transportation service that uses the existing drop-off area. This proposal includes the leasing of nine parking spaces from a city parking structure for guests. 20(c) Not applicable. 20(d) All utilities will be installed underground. 20(e) On-site storm water retention has been provided to help reduce the demand on the drainage system. See exhibit 3(g). 20(f) Please refer to exhibit 13 of this proposal. 20(g) Please refer to exhibit 14 of this proposal. 20. Statement addressing the site controls and standards for planned developments in Downtown Districts (§6-11-1-10(B)). 500 of 731 21. Statement addressing the development allowances for planned developments in Downtown Districts (§6-11-1-10(C))     North Shore Residence Addition 1619 Chicago Avenue Horizon Realty June 21, 2013 Response: The proposed project meets current zoning ordinances. No additional allowances are being requested. 21. Statement addressing the development allowances for planned developments in Downtown Districts (§6-11-1-10(C)) stating that: 501 of 731 22. Fees       North Shore Residence Addition 1619 Chicago Avenue Horizon Realty June 21, 2013 PUD Filing: $3000.00 Special Use Permit: $475.00 Mailing fee: 800 properties within a 1000’ radius x $.45 postage = $360 Transcript fee: $150.00 Total: $3,985 When this Planned Urban Development application is initially submitted to the Zoning Division for their determination as to the completeness of this application, a check for $3,985 will be given to the zoning officer.   22. Fees 502 of 731   23. The Zoning Division requires the applicant to demonstrate his or her connection to the ownership interest in the property. This documentation can be in the form of a title insurance policy or a deed, and a lease or contract to lease or purchase.       North Shore Residence Addition 1619 Chicago Avenue Horizon Realty June 21, 2013 23. The Zoning Division requires the applicant to demonstrate his or her connection to the ownership interest in the property. This documentation can be in the form of a title insurance policy or a deed, and a lease or contract to lease or purchase. 503 of 731 504 of 731 505 of 731 24. Miscellanies regarding required documents and materials.     North Shore Residence Addition 1619 Chicago Avenue Horizon Realty June 21, 2013 24. Miscellanies regarding required documents and materials: 24(a) On a case by case basis, the Zoning Division may require documentation and information in addition to the above items. 24(b) The City through its Geographic Information System can supply the names and addresses of the property owners within a 1000 foot radius from any point on the subject property. The applicant is responsible for the accuracy of the list so that the City may mail notice to these property owners. 24(c) The Zoning Division will review an applicant’s initial submittal. If it is accurate and as complete as necessary, the Division will return it with a letter telling the applicant how many copies of various items the applicant needs to provide. A complete application includes all required documents and information, and the requested copies. 506 of 731 For City Council meeting of July 22, 2013 Item H1 Ordinance 43-O-13: Lease and Construction Agreement with Piven Theater Workshop For Action 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: July 3, 2013 Recommended Action: 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. This ordinance was introduced at the July 8, 2013 City Council meeting. 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‟ Memorandum 507 of 731 Page 2 of 3 theater, increased office space, classroom space and larger rehearsal space, as outlined on the preliminary Site Plan (Exhibit C to the Lease and Construction 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 508 of 731 Page 3 of 3 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 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 509 of 731 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 510 of 731 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. 511 of 731 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 512 of 731 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: 513 of 731 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 514 of 731 43-O-13 ~6~ EXHIBIT 2 LEASE AND CONSTRUCTION AGREEMENT 515 of 731 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 516 of 731 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 31 517 of 731 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 518 of 731 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. 519 of 731 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 520 of 731 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. 521 of 731 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; 522 of 731 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 523 of 731 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 524 of 731 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. 525 of 731 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 526 of 731 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 527 of 731 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 528 of 731 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 529 of 731 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 530 of 731 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 531 of 731 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. 532 of 731 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 533 of 731 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. 534 of 731 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. 535 of 731 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 536 of 731 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 537 of 731 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 538 of 731 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 539 of 731 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 540 of 731 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 541 of 731 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 542 of 731 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 543 of 731 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 544 of 731 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 545 of 731 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 546 of 731 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 547 of 731 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. 548 of 731 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 549 of 731 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. 550 of 731 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: 551 of 731 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: 552 of 731 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: 553 of 731 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 554 of 731 EXHIBIT B PAGE1 NGEDOCS: 2064579.8 EXHIBIT B PREMISES CURRENT FOOTPRINT 555 of 731 556 of 731 EXHIBIT C PAGE1 NGEDOCS: 2064579.8 EXHIBIT C SITE PLAN 557 of 731 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 558 of 731 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 559 of 731 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 560 of 731 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 561 of 731 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 562 of 731 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 563 of 731 EXHIBIT D PAGE1 NGEDOCS: 2064579.8 EXHIBIT D 2011 PIVEN LEASE AGREEMENT AND 2012 EXTENSION 564 of 731 565 of 731 566 of 731 567 of 731 568 of 731 569 of 731 570 of 731 571 of 731 572 of 731 573 of 731 574 of 731 575 of 731 576 of 731 577 of 731 578 of 731 579 of 731 580 of 731 581 of 731 582 of 731 583 of 731 584 of 731 585 of 731 586 of 731 587 of 731 588 of 731 589 of 731 590 of 731 591 of 731 592 of 731 593 of 731 594 of 731 595 of 731 596 of 731 597 of 731 598 of 731 599 of 731 600 of 731 601 of 731 602 of 731 603 of 731 604 of 731 605 of 731 606 of 731 607 of 731 EXHIBIT E PAGE1 NGEDOCS: 2064579.8 EXHIBIT E NOYES CULTURAL ARTS CENTER PROPERTY FEES SCHEDULE 608 of 731 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:___________ 609 of 731 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. 610 of 731 EXHIBIT G PAGE 1 EXHIBIT G LOAN REPAYMENT SCHEDULE [Inserted at a later date] 611 of 731 612 of 731 613 of 731 614 of 731 615 of 731 616 of 731 617 of 731 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 618 of 731 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. 619 of 731 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 .................................................................... 25 620 of 731 "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 621 of 731 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. 622 of 731 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 623 of 731 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. 624 of 731 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 $2,498,000 625 of 731 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 626 of 731 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 $1,010,000 627 of 731 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 628 of 731 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 $1,334,000 629 of 731 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 $24.36 630 of 731 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 631 of 731 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 632 of 731 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 633 of 731 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 $4,656 634 of 731 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 $5,802 635 of 731 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. 636 of 731 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. 637 of 731 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: 638 of 731 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. 639 of 731 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. 640 of 731 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. 641 of 731 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. 642 of 731 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. 643 of 731 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. 644 of 731 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. 645 of 731 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 646 of 731 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 647 of 731 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 648 of 731 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 649 of 731 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. 650 of 731 30 Arts & Economic Prosperity IV | Americans for the Arts 651 of 731 "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 652 of 731 32 Arts & Economic Prosperity IV | Americans for the Arts 653 of 731 654 of 731 655 of 731 656 of 731 657 of 731 658 of 731 659 of 731 660 of 731 661 of 731 662 of 731 663 of 731 664 of 731 665 of 731 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 1666 of 731 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 2667 of 731 668 of 731 669 of 731 670 of 731 671 of 731 672 of 731 673 of 731 674 of 731 675 of 731 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. 676 of 731 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. 677 of 731 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. 678 of 731 679 of 731 680 of 731 681 of 731 For City Council meeting of July 22, 2013 Item H2 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 1 st 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 682 of 731 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 683 of 731 5/22/2013 5/1/2013 ~2~ EXHIBIT 1 AMENDMENT TO LEASE AGREEMENT 684 of 731 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 685 of 731 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] 686 of 731 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 687 of 731 4 EXHIBIT A Master Studio Lease Agreement 688 of 731 689 of 731 690 of 731 691 of 731 692 of 731 693 of 731 694 of 731 695 of 731 696 of 731 697 of 731 698 of 731 699 of 731 700 of 731 701 of 731 702 of 731 703 of 731 704 of 731 705 of 731 706 of 731 707 of 731 708 of 731 709 of 731 710 of 731 711 of 731 712 of 731 713 of 731 714 of 731 715 of 731 716 of 731 717 of 731 718 of 731 719 of 731 720 of 731 721 of 731 722 of 731 723 of 731 724 of 731 725 of 731 726 of 731 727 of 731 728 of 731 729 of 731 730 of 731 731 of 731