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HomeMy WebLinkAbout10.28.13 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, October 28, 2013 Administration & Public Works (A&PW) Committee meets at 5:45 p.m. (Room 2404) Planning & Development (P&D) Committee meets at 7:15 pm (Room 2404) City Council meeting convenes after the conclusion of the P&D Committee meeting ORDER OF BUSINESS (I) City Council Roll Call – Begin with Alderman Holmes (II) Public Hearing: Proposed Howard/Hartrey Tax Increment Financing District Amendment (III) Mayor Public Announcements and Proclamations Native American Heritage Month – November 2013 (IV) City Manager Public Announcements 3-1-1 Update (V) Communications: City Clerk (VI) 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. (VII) Special Orders of Business (VIII) Consent Agenda: Alderman Rainey 1 of 651 City Council Agenda October 28, 2013 Page 2 of 9 (IX) Report of the Standing Committees Administration & Public Works - Alderman Rainey Planning & Development - Alderman Wynne Human Services - Alderman Holmes (X) Call of the Wards (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (XI) Executive Session (XII) Adjournment SPECIAL ORDER OF BUSINESS (SP1) Appeal to City Council of 2623 Lincoln Street (Landmark) Preservation Commission Decision – Denial of Certificate of Appropriateness Staff recommends that the City Council accept David Kimbell’s Application for Appeal in regard to the Preservation Commission’s decision not to approve a Certificate of Appropriateness for the replacement of existing steel casement windows with vinyl casement and double hung windows on the house at 2623 Lincoln Street, an Evanston Landmark. For Action (SP2) Fiscal Year 2014 Budget No formal action will be taken regarding the FY2014 Budget. This is a continuation of the Council budget discussion begun on October 21, 2013. Budget documents are available here: http://www.cityofevanston.org/city-budget/ (Budget discussion will take place after consent agenda items and before Call of the Wards.) For Discussion CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council meeting October 14, 2013 For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through 10/06/13 $2,687,580.54 (A2) City of Evanston Bills FY2013 10/29/13 $5,087,942.15 For Action 10/24/2013 6:42 PM 2 of 651 City Council Agenda October 28, 2013 Page 3 of 9 (A3) Approval of Professional Services Agreement with ESI Consultants, Ltd. for Phase I Preliminary Engineering Services for Emerson Street/Ridge Avenue/Green Bay Road Corridor Improvements (RFQ 13-12) Staff recommends approval of a professional services agreement for the Phase I Preliminary Engineering Services with ESI Consultants, Ltd., (1979 N. Mill Street, Suite 100, Naperville, IL) in the amount of $398,667 for the Emerson Street/Ridge Avenue/Green Bay Road Corridor Improvement Project. Funding is provided by the FY 2013 and FY 2014 CIP Fund (415942.65515) in the amount of $400,000. For Action (A4) Approval of Change Order No. 1 for Large Diameter Sewer Rehabilitation Phase I Staff recommends that the City Council authorize the City Manager to execute Change Order No. 1, to the agreement with Insituform Technologies USA, LLC. (17988 Edison Avenue, Chesterfield, MO) for the Large Diameter Sewer Rehabilitation Phase I project (RFP 12-152). The change order will reduce the contract amount by $172,808, from $2,989,228 to $2,816,420. For Action (A5) Approval of Pre-qualification of Contractors for Cured-In-Place Pipe Rehabilitation of Sewer Mains (RFQ 13-60) Staff recommends approval of Hoerr Construction, Inc. (1601 W. Luthy Dr, Peoria, IL), Insituform Technologies, USA, Inc. (17988 Edison Ave., Chesterfield, MO), Kenny Construction Company (2215 Sanders Rd., Northbrook, IL), Michels Corporation (817 W. Main St., Brownsville, WI), Pipeline Solutions / American Pipe Liners, Inc. (P.O. Box 394, Highland Park, IL), SAK Construction, LLC. (864 Hoff Rd., O’Fallon MO), and Visu-Sewer, Inc. (W230 N4855 Betker Drive, Pewaukee, WI), as pre-qualified contractors to perform Cured-In-Place Pipe (CIPP) rehabilitation in the City’s sewer system for a three-year period (2014, 2015 and 2016). For Action (A6) Approval of Illinois Recycling Grant Application Staff recommends authorization for the City Manager to apply for an Illinois Recycling Grant through the Illinois Department of Commerce and Economic Opportunity (ILDECO) to fund the Multi-Family Residential Recycling Diversion program. The project will include the purchase of 20,000 recycling bags. The total cost of funding this project is estimated to be $55,000 of which $50,000 would be funded with Illinois Recycling Grant funds. The remaining $5,000 would be funded by the City of Evanston from the Solid Waste Fund. For Action 10/24/2013 6:42 PM 3 of 651 City Council Agenda October 28, 2013 Page 4 of 9 (A7) Approval of School District 65 Rock Salt Agreement for 2013/2014 Staff recommends City Council authorize the City Manager to sign an agreement with Evanston School District 65 for the sale of rock salt in the amount of $66.67 per ton which includes a 10% administration and handling fee. For Action (A8) Approval of School District 202 Rock Salt Agreement for 2013/2014 Staff recommends City Council authorize the City Manager to sign an agreement with Evanston Township High School District 202 for the sale of rock salt in the amount of $66.67 per ton which includes a 10% administration and handling fee. For Action (A9) Resolution 60-R-13, Authorizing Motor Fuel Tax Funds for General Maintenance of Streets Staff recommends approval of Resolution 60-R-13 by which City Council would authorize the transfer $700,000 of Motor Fuel Tax Funds for general maintenance of streets by City forces. The fund transfer was approved as part of 2013 budget. For Action (A10) Ordinance 115-O-13, Increasing the Number of Class T Liquor Licenses Permitting Issuance to Peckish Pig, 623-627½ Howard Street., The Local Liquor Commissioner recommends adoption of Ordinance 115-O-13. For Introduction Ordinances 116-O-13 and 117-O-13, Pertain to Changing Class D Liquor Licensee Due to Change in Ownership of Jilly’s Café, 2614 Green Bay Road (A11) Ordinance 116-O-13 Withdraws the Class D license Issued to the Previous Owner of Jilly’s Café, 2614 Green Bay Road (A12) Ordinance 117-O-13 Issues a Class D License to DN Marian, Inc., 2614 Green Bay Road Staff recommends City Council adoption of Ordinances 116-O-13 and 117-O-13. Suspension of the rules is requested by Alderman Grover for Introduction and Action on October 28, 2013. For Introduction and Action (A13) Ordinance 118-O-13, Increasing the Number of Class N Liquor Licenses for Issuance to Walgreens, 635 Chicago Avenue Staff requests consideration of Ordinance 118-O-13. For Introduction (A14) Ordinance 119-O-13, Amending City Code Subsection 3-4-6-(Y), Class Y Liquor Licenses, to Permit Limited Sale of Wine by the Glass The Local Liquor Commissioner recommends adoption of Ordinance 119-O-13. For Introduction 10/24/2013 6:42 PM 4 of 651 City Council Agenda October 28, 2013 Page 5 of 9 (A15) Ordinance 78-0-13 Regarding Commercial Signs on Sidewalks Staff recommends City Council adoption of Ordinance 78-O-13 amending the City Code Section 7-2-6(E), “Commercial Signs on Sidewalks.” This ordinance was introduced at the October 14, 2013 City Council meeting. For Action (A16) Ordinance 92-O-13 Amending the City Code to Increase the Fines for Snow Emergency Parking Violations Staff recommends adoption of proposed ordinance 92-O-13 by which the City Council would amend Sub-section 10-11-17(C) of the City Code to increase the fines for snow emergency parking violations. Fines for snow emergency parking violations will increase from $40 to $55 to match those of a snow route parking ban and the snow relocation fine will increase from $105 to $150. This ordinance was introduced at the October 14, 2013 City Council meeting. For Action (A17) Ordinance 106-O-13 Amending Title 7 of the City Code Regarding Clearance of Snow and Ice from Sidewalks and Other Related Matters Staff recommends the adoption of the proposed ordinance 106-O-13 by which the City Council would amend Title Seven (7) of the City Code relating to clearance of snow and ice from sidewalks and other related matters in the City of Evanston. This ordinance was introduced at the October 14, 2013 City Council meeting. For Action (A18) Ordinance 110-O-13 Amending the City Code to Restrict Parking on Austin Street from Elmwood Avenue to Sherman Avenue Staff recommends adoption of proposed ordinance 110-O-13 by which the City Council would amend Section 10-11-8 (A), Schedule VIII (A) of the City Code to prohibit parking on the south side of Austin Street from Elmwood Avenue to Sherman Avenue. This ordinance was introduced at the October 14, 2013 City Council meeting. For Action (A19) Ordinance 101-O-13, Decreasing the Number of Class C Liquor Licenses Due to the Lapse in License for Pensiero Ristorante, 1566 Oak Avenue The Local Liquor Commissioner recommends adoption of Ordinance 101-O-13. This ordinance was introduced at the October 14, 2013 City Council meeting. For Action 10/24/2013 6:42 PM 5 of 651 City Council Agenda October 28, 2013 Page 6 of 9 (A20) Ordinance 104-O-13, Amending City Code Title 3, Chapter 4 to Permit Issuance of a Class B Liquor License to Coffee House Holdings, Inc. (“Starbucks”) 1734 Sherman Avenue The Local Liquor Commissioner recommends adoption of Ordinance 104-O-13. This ordinance was introduced at the October 14, 2013 City Council meeting. For Action (A21) Ordinance 108-O-13, Creating Liquor License Classification M Local Liquor Commissioner recommends adoption of Ordinance 108-O-13, which will create the new M liquor license classification to take effect on January 1, 2014. In Grape Company, the prospective licensee, indicated that the business would receive orders for wine and then provide delivery of wine to the customer at home. This ordinance was introduced at the October 14, 2013 City Council meeting. For Action (A22) Ordinance 111-O-13, Amending City Code Title 4, Building Regulations, by Adopting the 2011-2012 Model Codes by Reference, with Certain Amendments Staff recommends adoption of Ordinance 111-O-13, which includes model codes that are nationally-recognized building regulations designed for the protection of the public health, safety and welfare. This ordinance was introduced at the October 14, 2013 City Council meeting. For Action (A23) Ordinance 114-O-13: 2013B General Obligation Bond Issue Staff recommends the City Council adopt Ordinance 114-O-13, for the issuance of $30.0 Million in General Obligation (G.O.) Bonds, to be used to refund the 2004/05 G.O. Bonds. This issuance will reduce the interest cost on this debt as well as reduce the outstanding bonds due and payable by the City resulting in an estimated debt service savings between $2.5 million and $3.75 million over the remaining life of these bonds. This ordinance was introduced at the October 14, 2013 City Council meeting. For Action PLANNING AND DEVELOPMENT COMMITTEE (P1) Resolution 59-R-13 Designating the Portion of Greenleaf Street between Florence Avenue and Dewey Avenue with the Honorary Street Name Sign, “Sam McKinley, Jr. Way”. The Citizens’ Advisory Committee on Public Place Names recommends approval of Resolution 59-R-13. For Action 10/24/2013 6:42 PM 6 of 651 City Council Agenda October 28, 2013 Page 7 of 9 (P2) Ordinance 113-O-13 Amending the Zoning Ordinance to Allow Commercial Parking Lots as Special Uses in the B3 District The Plan Commission and City staff recommend amending the Zoning Ordinance to allow Commercial Parking Lots as special uses in the B3 District with front yard and street side yard landscaped setbacks. Since the only B3 District in the city is located on Howard Street, the proposed text amendment could increase the availability of parking in the Howard Street corridor and therefore encourage redevelopment and new business opportunities within the Howard-Ridge TIF District. For Introduction (P3) Ordinance 112-O-13, Granting Special Use for a Private Educational Institution at 622 Davis Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 112-O-13 granting a special use permit for the operation of a Private Educational Institution, Beacon Academy, a Montessori High School, at 622 Davis Street. This ordinance was introduced at the October 14, 2013 City Council meeting. For Action HUMAN SERVICES (H1) Approval of Lakefront Use Special Events Policy The Park and Recreation Board recommend City Council’s consideration of approval for modifications to the special events policy for lakefront use as a 3 year pilot at which time City Council can extend or modify the policy. This agenda item was held for the October 28, 2013 City Council meeting. For Action (H2) Ordinance 80-O-13, Amending Title 3, Chapter 14 “Cigarettes and Tobacco Products” to add Restrictions for Use of Electronic Cigarettes and Liquid Nicotine The Human Services Committee and staff recommend that the City Council authorize adoption of Ordinance 80-O-13, Amending Title 3, Chapter 14 “Cigarettes and Tobacco Products” to add Restrictions for Use of Electronic Cigarettes and Liquid Nicotine. This ordinance was introduced at the September 23, 2013 City Council meeting. This ordinance was held for the October 28, 2013 City Council meeting. For Action 10/24/2013 6:42 PM 7 of 651 City Council Agenda October 28, 2013 Page 8 of 9 (H3) Ordinance 105-O-13, Binding Referendum for Dissolution of Evanston Township Staff submits for consideration Ordinance 105-O-13, calling for a binding referendum question to be submitted to the electors of Evanston Township to vote on whether to dissolve Evanston Township. This ordinance was introduced at the September 23, 2013 City Council meeting. This agenda item was held for the October 28, 2013 City Council meeting. For Action APPOINTMENTS (APP1)For Appointment to: ADA Advisory Board Larry Biondi ADA Advisory Board Sue Canter, Representative, Commission on Aging ADA Advisory Board Susan Newman, Representative, Library Board Age Friendly Evanston Task Force Susan Cherco Age Friendly Evanston Task Force Helen Gagel Age Friendly Evanston Task Force Dorothy Strong, Representative, Commission on Aging Age Friendly Evanston Task Force Wayne Heimbach, Representative, Commission on Aging Age Friendly Evanston Task Force Susan Canter, Representative, Commission on Aging Age Friendly Evanston Task Force Martha Holmes, Representative, Commission on Aging Age Friendly Evanston Task Force John Barfield, Representative, Mental Health Board Zoning Board of Appeals Appointing Matthew Rodgers as Chair (APP2)For Reappointment to: Park and Recreation Board Randall Mayne 10/24/2013 6:42 PM 8 of 651 City Council Agenda October 28, 2013 Page 9 of 9 MEETINGS SCHEDULED THROUGH NOVEMBER, 2013 Upcoming Aldermanic Committee Meetings Mon, Nov 4 6 pm Rules Mon, Nov 4 7:30 pm Human Services Committee Tues, Nov 5 6:16 pm Special Council meeting: Goals Mon, Nov 11 5:45 pm A&PW, P&D, City Council Meetings Fri, Nov 15 7 am Housing & Homelessness Commission Mon, Nov 18 7 pm City Council Meeting Wed, Nov 20 6 pm Transportation/Parking Committee Wed, Nov 20 6:30 pm M/W/EBE Advisory Committee Wed, Nov 20 7:30 pm Economic Development Committee Mon, Nov 25 5:45 pm Town Board/A&PW, P&D, City Council Meetings Order and agenda items are subject to change. Information is available about Evanston City Council meetings at: www.cityofevanston.org/citycouncil. Questions can be directed to the City Manager’s Office at 847-866-2936. The City is committed to ensuring accessibility for all citizens. If an accommodation is needed to participate in this meeting, please contact the City Manager’s Office 48 hours in advance so that arrangements can be made for the accommodation if possible. 10/24/2013 6:42 PM 9 of 651 For City Council meeting of October 28, 2013 Public Hearing for Howard/Hartrey Tax Increment Financing District 1st Amendment To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Johanna Nyden, Economic Development Division Manager Subject: Howard/Hartrey TIF District – Public Hearing Date: October 21, 2013 Background: The City of Evanston is required by state statute (Tax Increment Allocation Redevelopment Act - 65 ILCS 5/11-74.4.1) to convene a public hearing for the proposed first amendment to the Howard/Hartrey Tax Increment Financing (TIF) District prior to consideration of adoption of the ordinances that will geographically expand the boundary of the TIF district. The public hearing is designed to allow for public comment on the draft TIF plan filed with the City Clerk, and attached for your reference. No action is required of the City Council at this public hearing. The first opportunity to consider adoption of the TIF designation ordinances will be at the City Council meeting on November 11, 2013. It is proposed that the Howard/Hartrey Tax Increment Financing (TIF) district be expanded to include property associated with the street address 222 Hartrey Avenue (“the amendment area”), immediately north of the existing TIF district (PIN 10-25-104- 014-0000 and 10-25-104-015-0000). This property includes a nearly 100,000 square foot vacant building on a site that is slightly greater than six acres. As discussed in the attached draft Redevelopment Plan, the geographic expansion of a TIF district provides a tool for both the City and property owners within the district to redevelop and improve key vacant parcels, invest in deteriorating infrastructure and ensure that the shopping center maintains a competitive advantage in the market place. The Howard/Hartrey TIF district was established in 1992. The district was established after the southwest portion of Evanston saw a number of long-time industrial users leave the older industrial facilities for newer facilities outside of Evanston. Originally the property contained a demolished Rust-Oleum Corporation facility and a partially vacant Bell & Howell facility. At the time of original designation, the Redevelopment Plan identified retail/commercial development for the property within the TIF district. This proved successful, because today the TIF district is home to a shopping center with Memorandum 10 of 651 long-time tenants Target, OfficeMax, Best Buy, and Jewel-Osco and their associated parking lots. The two general goals for this redevelopment plan included: 1) Strengthening Evanston’s Economic position, thus improving the quality of life provided through services and personal prosperity of residents. 2) Provide and maintain an attractive community that creates a positive public image and encourages individuals, families, and businesses to locate and remain within the community. During the 1992 designation, the area was found to meet the qualifications of a “blighted area”. Findings included age, obsolescence, excessive vacancies, lack of ventilation, light or sanitary facilities, deleterious land use or layout, inadequate utilities, depreciation of physical maintenance, and lack of community planning. This TIF district will expire in tax year 2015, with final collection of incremental taxes in tax year 2016. According to the FY2013 adopted budget, the TIF had a beginning fund balance of $4,202,932 and a projected ending fund balance of $1,547,921. The TIF had an expected revenue generation of $1,110,000. Expenditures included $720,611 in total bond payments, $1,000,000 in distribution for the declared surplus, and 1,900,000 in capital improvements and other expenses. Legislative History: City Council approved Ordinance 96-O-13, “Amending the Redevelopment Plan and Project and Redevelopment Project Area, Confirming Tax Increment Allocation Financing, Convening a Joint Review Board, and Calling a Public Hearing Regarding the Proposed First Amendment to the Howard/Hartrey Redevelopment Project Area”, that initiated the process for amending the Howard/Hartrey TIF District on August 12, 2013. The ordinance was adopted unanimously. The Joint Review Board met on September 12, 2013 and unanimously approved a non- binding recommendation to the City Council to expand the Howard/Hartrey TIF district to include the property at 222 Hartrey Avenue. This meeting fulfilled the statutory requirements of informing the taxing bodies of the potential expansion of the district. The Economic Development Committee recommended unanimously (8-0) at its August 7, 2013 meeting to support the amendment of the Howard/Hartrey TIF district to include the property at 222 Hartrey Avenue. Summary of Designation Process: The process to expand the physical boundary of a TIF district is considered a major amendment to a TIF District and as such requires the same public process to amend the boundary as it does to create a new TIF district. Additionally, since this TIF was created in 1992, the amended document reflects inclusion of updated state statute language as it relates to application of TIF eligibility factors, eligible expenses, and budget. As part of the process to amend the TIF boundary to include the proposed amendment area, TIF Consultants, Kane McKenna and Associates (KMA), first evaluated the site against the state statute to determine if it meets the criteria for inclusion in a TIF district. 11 of 651 It was determined that this property met the standards for qualifying for inclusion in a TIF district as a “conservation area”. A conservation area is an area that is not blighted but exhibits potential risks of becoming blighted. KMA found the following factors present: 1) Excessive Vacancies: The proposed expanded boundary includes property at 222 Hartrey Avenue that has remained physically vacant for nearly 10 years. 2) Lagging Equalized Assessed (EAV) Value: The equalized assessed value of the amendment area has shown declines for three of the past five years (years 2009, 2010, and 2011) as compared to the balance of the City of Evanston’s EAV. 3) Deterioration: The building located at 222 Hartrey Avenue within the amendment area shows signs of physical deterioration due to years of deferred maintenance. The associated parking lot to the west of the building also shows signs of cracking and deterioration. 4) Deleterious Layout: KMA determined that the ingress and egress of the property as challenging and confusing. The navigation around a church to the site also creates challenges. 5) Obsolescence: Obsolescence is the state of falling into disuse or structures that are “ill-suited” for original use. KMA determined that the amendment area features both economic and functional obsolescence since the equalized assessed value of the property has been reduced dramatically over the years. Additionally it was determined that the property is functionally obsolescent. The age of the building coupled with the current vacancy of the property has mean that the building has not evolved to meet current commercial and industrial standards. Amendment to the Howard/Hartrey TIF District to include this property will support the redevelopment of the property located at 222 Hartrey Avenue to a use compatible with the surrounding neighborhood and existing land uses. The utilization of TIF to assist in the redevelopment associated with this property is critical to maintaining it as an industrial use. Attachments: Public Hearing Agenda Amendment Document for Howard/Hartrey TIF Original Howard/Hartrey TIF Document (included as exhibit to Amendment Document) Map of Proposed Expansion Area (Howard/Hartrey TIF) 12 of 651 Order & Agenda Items are subject to change. Information about the Howard/Hartrey TIF is available at: http://www.cityofevanston.org/business/economic-development/tif-districts/. Questions can be directed to Johanna Nyden 847-448- 8100. The City of Evanston is committed to making all public meetings accessible to persons with disabilities. Any citizen needing mobility or communications access assistance should contact the Facilities Management Office at 847-866-2916 (Voice) or 847-448-8064 (TYY). The City of Evanston is committed to making all public meetings accessible to persons with disabilities. Any citizen needing mobility or communications access assistance should contact the Facilities Management Office at 847-866-2916 (Voice) or 847-448-8064 (TYY). PUBLIC NOTICE OF A MEETING Public Hearing Proposed Howard/Hartrey 1st Amendment Tax Increment Finance District Monday, October 28, 2013, 7:15 PM Lorraine H. Morton Civic Center, 2100 Ridge Avenue, City Council Chambers AGENDA I. Open Public Hearing II. Summary of Public Notices and Conformance to TIF Act III. Report of Joint Review Board IV. Introduction of Written Comments V. TIF Overview; Summary of TIF Plan VI. Public Comments and Discussion VII. Close of Public Hearing 13 of 651 CITY OF EVANSTON TIF REDEVELOPMENT PLAN HOWARD-HARTREY TIF DISTRICT 1st AMENDMENT “Redevelopment plan" means the comprehensive program of the municipality for development or redevelopment intended by the payment of redevelopment project costs to reduce or eliminate those conditions the existence of which qualified the redevelopment project area as a "blighted area" or "conservation area" or combination thereof or "industrial park conservation area," and thereby to enhance the tax bases of the taxing districts which extend into the redevelopment project area as set for in the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-3, et. seq., as amended. Prepared for: City of Evanston, Illinois Prepared Jointly by: Kane, McKenna and Associates, Inc. and The City of Evanston Original TIF Plan – March 1992 Draft 1st Amendment – July 2013 DRAFT DATED 7/30/13 14 of 651 CITY OF EVANSTON TIF REDEVELOPMENT PLAN HOWARD-HARTREY TIF DISTRICT– 1ST AMENDMENT TABLE OF CONTENTS SECTION TITLE PAGE I. Introduction 1 II. The Proposed TIF District, as Amended 3 III. Amendments to TIF Plan 4 Appendix 1 Original TIF Plan Appendix 2 TIF District Maps as Amended Appendix 3 Legal Description for TIF District as Amended Appendix 4 TIF Qualification Report for Amendment Area 15 of 651 City of Evanston - Howard Hartrey TIF Page 1 I. INTRODUCTION In 1992, the City of Evanston adopted the Howard and Hartrey Redevelopment Plan and Project (the “Original TIF Plan,” contained in Appendix 1). The purpose of this report is to update and amend the Original TIF Plan principally by adding two (2) parcels to the TIF District. A secondary goal is revise the Original TIF Plan to ensure that it complies with statutory changes made to the TIF Act after 1992. The City is pursuing the proposed amendment as part of its strategy to promote the continued revitalization of key under-utilized properties located within the Howard-Hartrey TIF District, as amended. Kane, McKenna and Associates, Inc. (KMA) has been retained by the City of Evanston to assist the City in drafting this amendment to the Plan. Objectives. The City’s general economic development objectives are to enhance residential, commercial, retail, industrial and mixed use opportunities within the City, including the proposed Howard-Hartrey TIF District, as amended. To achieve this overarching objective, the City has issued the following guidelines identified in the 2000 Comprehensive Plan that would apply to the Howard- Hartrey TIF District. (Refer to Exhibit 1 below.) Exhibit 1 Components of Comprehensive Plan Applicable to Howard/Hartrey TIF Comprehensive Plan Objectives Policies/Actions Promote the growth and redevelopment of business, commercial, and industrial areas • Encourage the location of new or expanding businesses in existing commercial and mixed-use locations that would benefit from redevelopment Retain and attract businesses in order to strengthen Evanston's economic base • Support a cooperative marketing effort [with external entities] to attract new businesses to vacant storefronts and commercial spaces Recognize and support the strong role neighborhood business districts play in Evanston's economy and its identity • Protect and enhance the traditional character of neighborhood business districts; carefully examine proposed design changes using the Zoning and Sign Ordinances, and site plan and appearance review • Develop strategies where feasible for addressing parking and circulation concerns of merchants and surrounding residents Support and encourage efforts at employment assistance and linkages • Promote and support job readiness and training programs as well as small business start-up assistance programs Source: City of Evanston Comprehensive General Plan, 2000 16 of 651 City of Evanston - Howard Hartrey TIF Page 2 Given the City's goals as well as the conditions described in this report, the City has made a determination that it is highly desirable to promote the redevelopment of the proposed Howard-Hartrey TIF District, as amended. Without an implementation plan for redevelopment, City officials believe adverse conditions will worsen. The City intends to implement such a plan in order to restore, stabilize, and increase the economic base of the TIF District and provide better roadway and alley access to and within the area. These activities will not only benefit the community as a whole but also generate additional tax revenues to support municipal services. Because of the conditions observed in the Howard-Hartrey TIF District, as amended, and the required coordination for future land uses, the City is favorably disposed toward supporting redevelopment efforts. The City has determined that redevelopment should take place through the benefit and guidance of comprehensive economic planning by the City. Through this coordinated effort, the TIF District is expected to improve and development barriers will be eliminated. The City affirms the following findings: o The TIF District, as amended, on the whole has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed without the adoption of the TIF Redevelopment Plan, as amended; o Redevelopment currently planned for the Howard-Hartrey TIF District, as amended, is feasible only with public financial assistance; and o The TIF Redevelopment Plan, as amended, conforms to the comprehensive plan for the development of the City as a whole, as reflected in the City’s zoning map. By the establishment and utilization of a TIF redevelopment plan, as amended, the City intends to continue efforts to provide the assistance required to eliminate conditions detrimental to successful redevelopment of the TIF District. The use of TIF relies upon induced private redevelopment in the Howard-Hartrey TIF District to create higher real estate values that would otherwise decline without such investment. By so doing, it would result in increased property taxes compared to the previous land use (or lack of use). In this way, the existing tax base for all tax districts would be protected and a portion of future increased taxes pledged to attract the requisite private investment. It is found, and certified by the City, in connection to the process required for the amendment of this Plan and Project pursuant to 65 ILSC Section 5/11- 17 of 651 City of Evanston - Howard Hartrey TIF Page 3 74.4.3(n)(5) of the Act, that this Plan and Project will not result in the displacement of 10 or more inhabited residential units. Therefore, this Plan and Project does not include a housing impact study. If at a later time the City does decide to dislocate more than ten (10) inhabited residential units, this Plan would have to be amended and a housing impact study would be completed. 18 of 651 City of Evanston - Howard Hartrey TIF Page 4 II. THE PROPOSED TIF DISTRICT, AS AMENDED The purpose of this report is to amend the TIF Plan principally by adding two (2) parcels to the TIF District. A secondary goal is to update the TIF Plan to conform to recent statutory changes made to the TIF Act after the Original Plan was put into effect. The TIF District, as amended, is generally located northwest of the intersection of Howard Street and Hartrey Avenue. At the time the Original Plan was adopted in 1992, the area was an obsolete industrial area; subsequent to the adoption of TIF financing, the City facilitated the conversion of the area into a successful retail shopping center. In contrast, the adjacent Amendment Area has remained an obsolete industrial area, and has not been revitalized relying on solely private sector resources. As a result, the City again seeks to use TIF financing to help bring about a similar conversion to a modern use in the Amendment Area. Currently, the TIF District Amendment Area suffers from a variety of economic development impediments, as identified in the TIF Act. As indicated in the original TIF Redevelopment Plan, it suffers from various “conservation area” factors as defined in the TIF Act. Appendix 4 identifies additional redevelopment impediments that limit redevelopment of the Amendment Area. The Original TIF Plan contained in Appendix 1 also provides a boundary map and legal description of the TIF District. 19 of 651 City of Evanston - Howard Hartrey TIF Page 5 III. AMENDMENTS TO THE TIF PLAN In this section, amendments to the Original TIF Plan are presented. For reference, relevant excerpts from the Original TIF Plan are shown, with amendments showing additions and deletions to the original language. Collectively, the amendatory language comprises the “1st Amendment.” Amendment A Page 6 of the Original TIF Plan Ultimately, the implementation of the Redevelopment Plan and Project will benefit the City and all the taxing districts which encompass the RPA in the form of a significantly expanded tax base. It is anticipated that the implementation of this Redevelopment Plan and Project will have a minimal financial impact on most of the affected taxing districts. It is expected that the actions taken by the City to stabilize and encourage growth of its tax base through the implementation of this Redevelopment Plan and Project will have a positive impact on the affected taxing districts. Strategies will be encouraged to promote growth via private investment within the area. Specific objectives are geared to stabilize the RPA’s existing strengths and revitalize the RPA’s redevelopment potential. The City may consider the declaration of sufficient surplus funds (as long as those funds are not already obligated to TIF projects) on an annual basis. Any surplus Special Tax Allocation Funds, to the extent any surplus exists, will be proportionately shared, based on the appropriate tax rates for a given year, with the various taxing districts, including the City, after all TIF-eligible costs either expended or incurred as an obligation by the City have been duly accounted for through administration of the Special Tax Allocation Fund to be established by the City as provided by the Act. Amendment B Page 15 of the Original TIF Plan (1) Professional Service Costs – Costs of studies, surveys, development of plans, and specifications, implementation and administration of the redevelopment plan including but not limited to staff and professional service costs for architectural, engineering, legal, marketing, financial, planning or other special services, provided however that no charges for professional services may be based on a percentage of the tax increment collected; except that on and after November 1, 1999 (the effective date of Public Act 91- 20 of 651 City of Evanston - Howard Hartrey TIF Page 6 478), no contracts for professional services, excluding architectural and engineering services, may be entered into if the terms of the contract extend beyond a period of 3 years. After consultation with the municipality, each tax increment consultant or advisor to a municipality that plans to designate or has designated a redevelopment project area shall inform the municipality in writing of any contracts that the consultant or advisor has entered into with entities or individuals that have received, or are receiving, payments financed by tax increment revenues produced by the redevelopment project area with respect to which the consultant or advisor has performed, or will be performing, service for the municipality. This requirement shall be satisfied by the consultant or advisor before the commencement of services for the municipality and thereafter whenever any other contracts with those individuals or entities are executed by the consultant or advisor;  The cost of marketing sites within the redevelopment project area to prospective businesses, developers, and investors;  Annual administrative costs shall not include general overhead or administrative costs of the municipality that would still have been incurred by the municipality if the municipality had not designated a redevelopment project area or approved a redevelopment plan;  In addition, redevelopment project costs shall not include lobbying expenses; (2) Property Assembly Costs – Property assembly costs including but not limited to acquisition of land and other property, real or personal, or rights or interests therein, demolition of buildings, site preparation, site improvements that serve as an engineered barrier addressing ground level or below ground environmental contamination, including, but not limited to parking lots and other concrete or asphalt barriers, and the clearing and grading of land; (3) Improvements to Public or Private Buildings – Costs of rehabilitation, reconstruction, repair, or remodeling of existing public or private buildings, fixtures, and leasehold improvements; and the cost of replacing an existing public building if pursuant to the implementation of a redevelopment project the existing public building is to be demolished to use the site for private investment or devoted to a different use requiring private investment; including any direct or indirect costs relating to Green Globes or LEED certified construction elements or construction elements with an equivalent certification; (4) Public Works – Costs of the construction of public works or improvements, including any direct or indirect costs relating to Green Globes or LEED certified construction elements or construction elements with an equivalent certification, except that on and after November 1, 1999, redevelopment project costs shall not include the cost of constructing a new municipal public building principally used to provide offices, storage space, or conference facilities or vehicle storage, maintenance, or repair for administrative, public safety, or public works personnel and that is not intended to replace an existing public building as provided under paragraph (3) of subsection (q) of Section 11-74.4-3 unless either (i) the construction of the new municipal building implements a redevelopment project that was included in a redevelopment plan that 21 of 651 City of Evanston - Howard Hartrey TIF Page 7 was adopted by the municipality prior to November 1, 1999 or (ii) the municipality makes a reasonable determination in the redevelopment plan, supported by information that provides the basis for that determination, that the new municipal building is required to meet an increase in the need for public safety purposes anticipated to result from the implementation of the redevelopment plan; (5) Job Training – Costs of job training and retraining projects, including the cost of "welfare to work" programs implemented by businesses located within the redevelopment project area; (6) Financing Costs – Financing costs including but not limited to all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued pursuant to the Act accruing during the estimated period of construction of any redevelopment project for which such obligations are issued and for a period not exceeding 36 months thereafter and including reasonable reserves related thereto; (7) Capital Costs –All or a portion of a taxing district's capital costs resulting from the redevelopment project necessarily incurred or to be in furtherance of the objectives of the redevelopment plan and project, to the extent the municipality by written agreement accepts and approves the same; (8) School-Related Costs – For redevelopment project areas designated (or redevelopment project areas amended to add or increase the number of tax-increment- financing assisted housing units) on or after November 1, 1999, an elementary, secondary, or unit school district's increased costs attributable to assisted housing units located within the redevelopment project area for which the developer or redeveloper receives financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the assisted housing sites necessary for the completion of that housing as authorized by the Act, and which costs shall be paid by the municipality from the Special Tax Allocation Fund when the tax increment revenue is received as a result of the assisted housing units and shall be calculated annually. (89) Relocation Costs – To the extent that a municipality determines that relocation costs shall be paid or is required to make payment of relocation costs by federal or State law or in order to satisfy subparagraph (7) of subsection (n) of the Act; (10) Payment in lieu of taxes; (119) Other Job Training – Costs of job training, retraining, advanced vocational education or career education, including but not limited to courses in occupational, semi-technical or technical fields leading directly to employment, incurred by one or more taxing districts, provided that such costs (i) are related to the establishment and maintenance of additional job training, advanced vocational education or career education programs for persons employed or to be employed by employers located in a redevelopment project area; and (ii) when incurred by a taxing district or taxing 22 of 651 City of Evanston - Howard Hartrey TIF Page 8 districts other than the municipality, are set forth in a written agreement by or among the municipality and the taxing district or taxing districts, which agreement describes the program to be undertaken, including but not limited to the number of employees to be trained, a description of the training and services to be provided, the number and type of positions available or to be available, itemized costs of the program and sources of funds to pay for the same, and the term of the agreement. Such costs include, specifically, the payment by community college districts of costs pursuant to Sections 3- 37, 3-38, 3-40 and 3-40.1 of the Public Community College Act and by school districts of costs pursuant to Sections 10-22.20a and 10-23.3a of The School Code; (1210) Developer Interest Cost – If deemed prudent by the City Council of the City for the redevelopment project, interest costs incurred by the redeveloper related to the construction, renovation or rehabilitation of a redevelopment project provided that: (a) such costs are to be paid directly from the special tax allocation fund established pursuant to the Act; (b) such payments in any one year may not exceed 30% of the annual interest costs incurred by the redeveloper with regard to the redevelopment project during that year; (c) if there are not sufficient funds available in the special tax allocation fund to make the payment then the amounts so due shall accrue and be payable when sufficient funds are available in the special tax allocation fund; (d) the total of such interest payments paid pursuant to the Act may not exceed 30% of the total (i) cost paid or incurred by the redeveloper for the redevelopment project plus (ii) redevelopment project costs excluding any property assembly costs and any relocation costs incurred by a municipality pursuant to the Act; (e) the cost limits set forth in subparagraphs (B) and (D) of paragraph shall be modified for the financing of rehabilitated or new housing units for low-income households and very low-income households, as defined in Section 3 of the Illinois Affordable Housing Act. The percentage of 75% shall be substituted for 30% in subparagraphs (B) and (D). (f) Instead of the eligible costs provided by subparagraphs (B) and (D), as modified by this subparagraph, and notwithstanding any other provisions of the Act to the contrary, the municipality may pay from tax increment revenues up to 50% of the cost of construction of new housing units to be occupied by low- income households and very low-income households as defined in Section 3 of the Illinois Affordable Housing Act. The cost of construction of those units may be derived from the proceeds of bonds issued by the municipality under the Act or other constitutional or statutory authority or from other sources of municipal revenue that may be reimbursed from tax increment revenues or the proceeds of bonds issued to finance the construction of that housing. The eligible costs provided under this subparagraph (F) shall be an eligible cost for the construction, renovation, and rehabilitation of all low and very low-income housing units, as defined in Section 3 of the Illinois Affordable Housing Act, within the redevelopment project area. If the low and very low-income units are part of a residential redevelopment project that includes units not affordable to 23 of 651 City of Evanston - Howard Hartrey TIF Page 9 low and very low-income households, only the low and very low-income units shall be eligible for benefits under subparagraph (F). (11) Payment in lieu of taxes; The TIF Act prohibits certain costs:  Unless explicitly stated herein the cost of construction of new privately-owned buildings shall not be an eligible redevelopment project cost.  The statute prohibits costs related to retail development that results in the closing of nearby facilities of the same retailers. Specifically, none of the redevelopment project costs enumerated in the Act shall be eligible redevelopment project costs if those costs would provide direct financial support to a retail entity initiating operations in the redevelopment project area while terminating operations at another Illinois location within 10 miles of the redevelopment project area but outside the boundaries of the redevelopment project area municipality.  No cost shall be a redevelopment project cost in a redevelopment project area if used to demolish, remove, or substantially modify a historic resource, after August 26, 2008 (the effective date of Public Act 95-934), unless no prudent and feasible alternative exists. "Historic resource" for the purpose of this item means (i) a place or structure that is included or eligible for inclusion on the National Register of Historic Places or (ii) a contributing structure in a district on the National Register of Historic Places. This item (14) does not apply to a place or structure for which demolition, removal, or modification is subject to review by the preservation agency of a Certified Local Government designated as such by the National Park Service of the U.S. Department of the Interior. Amendment C Page 18 of the Original TIF Plan Program Actions/Improvements Estimated Costs Land Acquisition and Assembly Costs including Demolition and Clearance/Site Preparation $7,000,000 11,000,000 Construction of Public Facilities and Buildings, Rehabilitation, and Related Public Improvements Including the Relocation of Existing Utilities and the Provision of Utility Service 100,000 $3,500,000 Environmental Remediation $1,500,000 Utility Improvements Including, But Not Limited to, Water, Storm, Sanitary Sewer, and the Service of Public Facilities 250,000 $1,500,000 Construction and Reconfiguration of Parking Rights-of-Way and Street Improvements/Construction, signalization, Traffic Control, Lighting, Landscaping, Buffering and Streetscaping 500,000 $1,000,000 Interest Costs Pursuant to the Act 100,000 24 of 651 City of Evanston - Howard Hartrey TIF Page 10 $200,000 Planning, Legal, Engineering, Administrative, Annual Reporting, Marketing, and Other Professional Service Costs 250,000 $200,000 Relocation 100,000 $200,000 Job Training 100,000 $200,000 Miscellaneous/Contingencies 100,000 $0 Payments Pursuant to Intergovernmental Agreements $200,000 TOTAL ESTIMATED COSTS $8,500,00,0 $19,500,000 Notes: (1) All project cost estimates are in 20131992 dollars. Costs may be adjusted for inflation per the TIF Act. (2) In addition to the above stated costs, any bonds issued to finance a phase of the Project may include an amount of proceeds sufficient to pay customary and reasonable charges associated with the issuance of such obligations, interest associated with such obligations, and capitalized interest and reasonably required reserves. (3) Adjustments to the estimated line-item costs above are expected. Adjustments may be made in line-items within the total, either increasing or decreasing line-items costs for redevelopment. Each individual project cost will be reevaluated in light of the projected private development and resulting tax revenues as it is considered for public financing under the provisions of the Act. (4) The totals of the line-items set forth above are not intended to place a total limit on the described expenditures, as the specific items listed above are not intended to preclude payment of other eligible redevelopment project costs in connection the redevelopment of the RPA – provided the total amount of payment for eligible redevelopment project costs shall not exceed the overall budget amount outlined above. Amendment D Page 21 of the Original TIF Plan Anticipated Equalized Assessed Valuation Upon completion of the anticipated private development of the RPA by the year 19952015, it is estimated that the equalized assessed valuation of the property within the Redevelopment Project Area will be increased by approximately $25,500,0005,700,000. The estimate assumes a constant Cook County equalization factor (multiplier) of 1.9133 and 1992 dollars. Amendment E Page 24 of the Original TIF Plan This Redevelopment Project and retirement of all obligations to finance redevelopment costs will be completed on or before a date 23 years from the adoption of the ordinance designating the Redevelopment Project Area. Actual construction activities are anticipated to be completed within four (4) years. The actual date for such completion and retirement of obligations shall not be later than December 31 of the year in which the payment to the municipal treasurer pursuant to the Act is to be made with respect to ad valorem taxes levied in the twenty-third calendar year after the ordinance approving the RPA is adopted. 25 of 651 City of Evanston - Howard Hartrey TIF Page 11 Amendment F Appendix A of the Original TIF Plan (Legal Description) The Southwest Quarter of the Northwest Quarter of Section 25, Township 41 North, Range 13, East of the Third Principal Meridian (except the North 150 feet lying West of the East 33 feet thereof) and the West 33 feet of the Southeast Quarter of the Northwest Quarter of said Section 25, (except the North 183 feet thereof) all in Cook County, Illinois, and including the amended legal description attached as Appendix 3. Amendment G Maps 2, 3 and 4 of the Original TIF Plan The TIF District boundary maps, existing land use map, and intended land use map (Maps 2, 3 and 4 of the Original TIF Plan) are replaced by the maps enclosed herein as Appendix 2. 26 of 651 City of Evanston - Howard Hartrey TIF Page 12 Appendix 1 Original TIF Plan 27 of 651 28 of 651 29 of 651 30 of 651 31 of 651 32 of 651 33 of 651 34 of 651 35 of 651 36 of 651 37 of 651 38 of 651 39 of 651 40 of 651 41 of 651 42 of 651 43 of 651 44 of 651 45 of 651 46 of 651 47 of 651 48 of 651 49 of 651 50 of 651 51 of 651 52 of 651 53 of 651 54 of 651 55 of 651 56 of 651 57 of 651 58 of 651 59 of 651 60 of 651 61 of 651 62 of 651 63 of 651 64 of 651 65 of 651 66 of 651 67 of 651 68 of 651 69 of 651 70 of 651 71 of 651 72 of 651 73 of 651 74 of 651 75 of 651 76 of 651 77 of 651 78 of 651 79 of 651 80 of 651 81 of 651 82 of 651 83 of 651 84 of 651 85 of 651 86 of 651 87 of 651 88 of 651 89 of 651 City of Evanston - Howard Hartrey TIF Page 13 Appendix 2 TIF District Maps as Amended 90 of 651 2255 2135216 2125228 2485 101 2145227 2141213221382126212221252119109 21402142213 213721352131213621292127212421342130213321352119 2118212 2495 2301 2209 225 21322131212321182121232 21442145219 221 233 235 2141213721242289 217 2138214121392130218 220 224 230 2121222 214421282122Br u m m e l S t Dobson S t Ho w ard S t Richmond AveBru mm el P l Hartrey AveHartrey AveProposed Howard and Hartrey TIF Expansion Proposed TIF Addition TIF District #3 Building Sidewalk / Driveway Railroad Bridge Outline Street Alley Parking Lot Park Water City of Evanston 7/25/2013 PropHowardHartreyTIFExpansion.mxd0 100 200 30050 Feet This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information.91 of 651 City of Evanston - Howard Hartrey TIF Page 14 Appendix 3 Legal Description for the TIF District as Amended 92 of 651 LEGAL DESCRIPTION: THAT PART OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTHERLY ALONG THE WEST LINE OF SAID NORTHWEST QUARTER TO THE NORTHWEST CORNER OF LOT 9 IN HOWARD- HARTREY SUBDIVISION, BEING A SUBDIVISION IN SAID NORTHWEST QUARTER ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 1, 1993 AS DOCUMENT NO. 93696916; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 9 TO THE SOUTHWEST CORNER OF LOT 2 IN BRUMMEL PLACE SUBDIVISION, BEING A SUBDIVISION IN SAID NORTHWEST QUARTER ACCORDING TO THE PLAT THEREOF RECORDED JULY 26, 1956 AS DOCUMENT NO. 16650663; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 2 TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE EASTERLY ALONG THE NORTH LINE OF SAID BRUMMEL SUBDIVISION AND ALONG THE EASTERLY EXTENSION THEREOF TO A POINT ON THE EAST LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID EAST LINE TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE CHICAGO NORTH SHORE AND MILWAUKEE RAILROAD; THENCE EASTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF HARTREY AVENUE; THENCE SOUTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE AND SOUTHERLY EXTENSION THEREOF TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 25; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. 93 of 651 City of Evanston - Howard Hartrey TIF Page 15 Appendix 4 TIF Qualification Report for Amendment Area 94 of 651 CITY OF EVANSTON TIF QUALIFICATION REPORT HOWARD-HARTREY TIF DISTRICT 1st AMENDMENT A study to determine whether all or a portion of an area located in the City of Evanston qualifies as a conservation area as set forth in the definitions in the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-3, et seq., as amended. Prepared for: The City of Evanston, Illinois Prepared Jointly by: The City of Evanston, Illinois and Kane, McKenna and Associates, Inc. July 2013 DRAFT DATED 7/30/13 95 of 651 CITY OF EVANSTON TIF ELIGIBILITY REPORT HOWARD-HARTREY TIF DISTRICT – 1st AMENDMENT TABLE OF CONTENTS SECTION TITLE PAGE Executive Summary I. Introduction and Background 1 II. Qualification Criteria Used 3 III. The TIF District 6 IV. Methodology of Evaluation 7 V. Qualification Findings for TIF District 8 VI. Summary of Findings / General Assessment of 13 Qualification Exhibit A TIF Boundary Map 96 of 651 EXECUTIVE SUMMARY Kane, McKenna and Associates, Inc. (“KMA”) has been retained by the City of Evanston (the “City”) to conduct an analysis of an area that would result in the addition of two (2) tax parcels to the existing Howard-Hartrey Tax Increment Finance (TIF) District (the “1st Amendment”). The City seeks to add the 2 parcels to the TIF District as part of its strategy to promote the revitalization of key under-utilized properties located within the City. The 2 parcels are defined herein as the “Amendment Area.” The Howard-Hartrey TIF District was established in 1992, and succeeded in encouraging private developers to convert a former industrial area into a thriving retail shopping center. The City has two aims in pursuing the addition of the parcels to the TIF district. The first goal is to promote redevelopment of certain parcels that have experienced certain impediments such as obsolescence and excessive vacancies (similar to the problems confronting the City in 1992). The TIF District formation would enable the City to address these ongoing impediments to redevelopment. Secondly, TIF establishment would address the limited opportunities the City has to encourage new industrial, commercial and mixed use growth within a community. Industrial uses within Evanston are particularly limited, due to a combination of factors: physical barriers to growth such as the lakefront, competing uses (e.g., recreational uses and higher education uses), scarcity of large vacant sites suitable for industrial and warehouse uses, and competition with other communities that have advanced their industrial capabilities (e.g., certain municipalities in Will County and portions of Cook County). Consequently, the targeted area within the Howard-Hartrey TIF District presents a unique opportunity for industrial development. Further, the City is limited in terms of annexation opportunities, and it has an unusually high number of tax-exempt properties. Because the City (a) is a mature community that can no longer grow through annexation, (b) has few parcels of undeveloped land remaining within City limits, and (c) has few clusters of properties served by major roadways, the targeted redevelopment area provides a rare opportunity to undertake major new reinvestment projects. By so doing, it would support the City’s strategy for the encouragement of growth through the reuse and redevelopment of older or under-utilized properties. Based upon the analysis completed to date, KMA has reached the following conclusions regarding the qualification of the TIF District: 1) The Amendment Area proposed for inclusion within the TIF District qualifies as a “conservation area” pursuant to the Act – The Amendment Area qualifies as a conservation area under the Illinois Tax Increment Allocation Redevelopment Act (ILCS 5/11-74.4-1 et. seq., as amended; hereinafter referred to as the “TIF Act” or “Act”). This condition prevents, or threatens to prevent, the healthy economic and physical development of properties in a manner that the community deems essential to its overall economic health. 97 of 651 2) Current conditions impede redevelopment – The existence of certain conditions found within the Amendment Area present impediments to the area’s successful redevelopment. This is because the factors negatively impact coordinated and substantial private sector investment in the overall TIF District. Without the use of City planning and economic development resources to mitigate such factors, potential redevelopment projects (along with other activities that require private sector investment) are not likely to be economically feasible. 3) Viable redevelopment sites could produce incremental revenue – Within the TIF District including the Amendment Area, there are parcels which potentially could be redeveloped or rehabilitated and thereby produce incremental property tax revenue. Such revenue, used in combination with other City resources for redevelopment incentives or public improvements, would likely stimulate private investment and reinvestment in these sites and ultimately throughout the TIF District. 4) TIF amendment recommended – To mitigate redevelopment area conditions, promote private sector investment, and foster the economic viability of the TIF District, KMA recommends that the City proceed with the amendment of the existing TIF District. Because the City will not be considering the redevelopment of residential parcels, and it will certify that it will not dislocate 10 or more residential units within the TIF district, the City will not conduct a housing impact study pursuant to the TIF Act. 98 of 651 TIF Eligibility Report City of Evanston, Illinois 1 I. INTRODUCTION AND BACKGROUND In the context of planning for the amendment of the Howard-Hartrey Tax Increment Financing District, the City of Evanston has evaluated certain parcels in the vicinity of Howard Street and Hartrey Avenue to determine whether they qualify under the TIF Act for amendment into the district. Kane, McKenna and Associates, Inc. has agreed to undertake the study of the Redevelopment Project Area (RPA) on the City’s behalf. Economic Development Goals. The redevelopment of the proposed RPA is consistent with the City’s overarching land use objectives, which are contained in the Comprehensive Plan, zoning ordinance and other land use planning elements. In the Comprehensive Plan adopted in 2000, the City has articulated a number of economic development objectives which would be supported by the City’s amendment of the TIF District to include the Amendment Area parcels. For example, a goal is to promote “growth and redevelopment of businesses, commercial, and industrial areas.” Given the gap between the City’s goals for the area versus the current conditions described in this report, the City has determined that the redevelopment of the proposed RPA would be highly beneficial to the community. With a redevelopment strategy in place, the economic base of the RPA would be stabilized and increased – thereby benefiting the community as a whole. Without such a redevelopment strategy, the adverse conditions identified in this report would likely worsen. The City has further determined that redevelopment (including industrial development) is feasible only with public finance assistance. The creation and utilization of a TIF redevelopment plan is intended by the City to help provide the assistance required to eliminate conditions detrimental to successful redevelopment of the TIF District. The use of TIF relies upon induced private redevelopment in the RPA to create higher real estate values that would otherwise decline without such investment. This would result in increased property taxes compared to the previous land use (or lack of use). In this way, the existing tax base for all tax districts would be protected and a portion of future increased taxes pledged to attract the requisite private investment. Current Land Use. The existing TIF District is in the vicinity of the Howard-Hartrey Avenue intersection, situated on the north side of Howard Street (the south side is part of the City of Chicago). Historically, the area has had mostly a variety of for-profit, non-residential land uses, such as industrial, retail, and commercial uses. Prior to the establishment of the Howard-Hartrey TIF District in 1992, the area was used primarily by industrial tenants. However, given market trends at the time, the area and the end users (Shure and Bell and Howell) became non-competitive and the end users eventually closed operations. The City responded in 1992 by establishing the existing TIF District. The TIF District has succeeded in catalyzing the conversion of the area from an obsolete industrial use to 99 of 651 TIF Eligibility Report City of Evanston, Illinois 2 a successful commercial use, producing public benefits such as the reuse of underutilized properties, diversified tax revenue for the City (and for school district when the TIF District is retired), and a modern, aesthetically pleasing set of structures for residents to shop at. Consequently, the City is seeking via the addition of the Amendment Area to replicate the success of the existing TIF District by making a similar conversion from obsolete industrial to a modern use that enhances the tax base of the City. The City believes that there are redevelopment opportunities, if the City were to pursue tax increment financing and coordination of redevelopment strategies for the Amendment Area. Despite these opportunities and despite certain advantages (discussed in Section III) that could be leveraged, many parcels in the area remain underutilized. The TIF District as a whole suffers from a variety of economic development impediments as identified in the TIF Act, such as excessive vacancies and obsolescence. Section V of this report identifies other impediments to redevelopment. General Scope and Methodology. KMA formally began its analysis by conducting a series of meetings and discussions with City staff, starting in the summer of 2013 and continuing periodically up to the date of this report’s issuance. The purpose of the meetings was to establish boundaries for the TIF District and to gather data related to the qualification criteria for properties included in the TIF District. These meetings were complemented by a series of field surveys of the entire area to evaluate the condition of the TIF District on a parcel-by- parcel basis. The field surveys and data collected have been utilized to test the likelihood that various areas located within the TIF District would qualify for TIF designation. For the purpose of the study, properties within the TIF District were examined in the context of the TIF Act governing improved areas (separate provisions of the TIF Act address unimproved areas). The qualification factors discussed in this report qualify the area as a conservation area, as the term is defined under the TIF Act. During the course of its work, KMA reported to key City staff its findings regarding TIF qualification for the area under study. Based on these findings the City (a) made refinements to the TIF District boundaries and (b) directed KMA to complete this report and to move forward with the preparation of amendments to the Redevelopment Plan and Project for the TIF District. For additional information about KMA’s data collection and evaluation methods, refer to Section IV of this report. 100 of 651 TIF Eligibility Report City of Evanston, Illinois 3 II. QUALIFICATION CRITERIA USED With the assistance of City staff, Kane, McKenna and Associates, Inc. evaluated the TIF District to determine the presence or absence of qualifying factors listed in the TIF Act. The relevant sections of the TIF Act are found below. The TIF Act sets out specific procedures which must be adhered to in designating a TIF District/Redevelopment Project Area. By definition, a Redevelopment Project Area is: “An area designated by the municipality, which is not less in the aggregate than 1 1/2 acres and in respect to which the municipality has made a finding that there exist conditions which cause the area to be classified as an industrial park conservation area or a blighted area or a conservation area, or a combination of both blighted areas and conservation areas.” Under the Act, “conservation area” means any improved area within the boundaries of a Redevelopment Project Area located within the territorial limits of the municipality where certain conditions are met, as identified below. TIF Qualification Factors for a Conservation area. In accordance with the Illinois TIF Act, KMA performed a two-step assessment to determine if the proposed RPA qualified as a conservation area. First, KMA analyzed the threshold factor of age to determine if a majority of structures were 35 years of age or older. Secondly, the area was examined to determine if a combination of three (3) or more of the following factors were present, each of which is (i) present, with that presence documented to a meaningful extent so that a municipality may reasonably find that the factor is clearly present within the intent of the Act and (ii) reasonably distributed throughout the improved part of the redevelopment project area. Per the TIF Act, such an area is not yet a blighted area but because of a combination of the following factors is detrimental to the public safety, health, morals or welfare and such an area may become a blighted area. (A) Dilapidation. An advanced state of disrepair or neglect of necessary repairs to the primary structural components of building or improvements in such a combination that a documented building condition analysis determines that major repair is required or the defects are so serious and so extensive that the buildings must be removed. (B) Obsolescence. The condition or process of falling into disuse. Structures become ill-suited for the original use. (C) Deterioration. With respect to buildings, defects including, but not limited to, major defects in the secondary building components such as doors, windows, porches, gutters, downspouts, and fascia. With respect to surface improvements, that the condition of roadways, alleys, curbs, gutters, sidewalks, off-street parking 101 of 651 TIF Eligibility Report City of Evanston, Illinois 4 and surface storage areas evidence deterioration, including, but limited to, surface cracking, crumbling, potholes, depressions, loose paving material and weeds protruding through paved surfaces. (D) Presence of Structures Below Minimum Code Standards. All structures that do not meet the standards of zoning, subdivision, building, fire and other governmental codes applicable to property, but not including housing and property maintenance codes. (E) Illegal Use of Individual Structures. The use of structures in violation of applicable federal, State, or local laws, exclusive of those applicable to the presence of structures below minimum code standards. (F) Excessive Vacancies. The presence of buildings that are unoccupied or under-utilized and that represent an adverse influence on the area because of the frequency, extent, or duration of the vacancies. (G) Lack of Ventilation, Light, or Sanitary Facilities. The absence of adequate ventilation for light or air circulation in spaces or rooms without windows, or that require the removal of dust, odor, gas, smoke or other noxious airborne materials. Inadequate natural light and ventilation means the absence of skylights or windows for interior spaces or rooms and improper window sizes and amounts by room area to window area ratios. Inadequate sanitary facilities refers to the absence or inadequacy of garbage storage and enclosure, bathroom facilities, hot water and kitchens and structural inadequacies preventing ingress and egress to and from all rooms and units within a building. (H) Inadequate Utilities. Underground and overhead utilities such as storm sewers and storm drainage, sanitary sewers, water lines and gas, telephone and electrical services that are shown to be inadequate. Inadequate utilities are those that are: (i) of insufficient capacity to serve the uses in the Redevelopment Project Area; (ii) deteriorated, antiquated, obsolete or in disrepair; or (iii) lacking within the Redevelopment Project Area. (I) Excessive Land Coverage and Overcrowding of Structures and Community Facilities. The over-intensive use of property and the crowding of buildings and accessory facilities onto a site. Examples of problem conditions warranting the designation of an area as exhibiting excessive land coverage are: (i) the presence of buildings either improperly situated on parcels or located on parcels of inadequate size and shape in relation to present-day standards of development for health and safety and (ii) the presence of multiple buildings on a single parcel. For there to be a finding of excessive land coverage, these parcels must exhibit one or more of the following conditions: insufficient provision for light and air within or around buildings, increased threat of spread of fire due to the close proximity of buildings, lack of adequate or proper access to a public right-of-way, lack of reasonably required off-street parking or inadequate provision for loading service. 102 of 651 TIF Eligibility Report City of Evanston, Illinois 5 (J) Deleterious Land-Use or Layout. The existence of incompatible land-use relationships, buildings occupied by inappropriate mixed-uses or uses considered to be noxious, offensive or unsuitable for the surrounding area. (K) Environmental Clean-Up. The Redevelopment Project Area has incurred Illinois Environmental Protection Agency or United States Environmental Protection Agency remediation costs for (or a study conducted by an independent consultant recognized as having expertise in environmental remediation has determined a need for) the clean-up of hazardous waste, hazardous substances or underground storage tanks required by State or federal law. Any such remediation costs would constitute a material impediment to the development or redevelopment of the Redevelopment Project Area. (L) Lack of Community Planning. The Redevelopment Project Area was developed prior to or without the benefit or guidance of a community plan. This means that the development occurred prior to the adoption by the municipality of a comprehensive or other community plan or that the plan was not followed at the time of the area’s development. This factor must be documented by evidence of adverse or incompatible land-use relationships, inadequate street layout, improper subdivision, parcels of inadequate shape and size to meet contemporary development standards or other evidence demonstrating an absence of effective community planning. (M) “Stagnant” or Lagging EAV. The total equalized assessed value (EAV) of the Redevelopment Project Area has declined for three (3) of the last five (5) calendar years prior to the year in which the Redevelopment Project Area is designated, or is increasing at an annual rate that is less than the balance of the municipality for three (3) of the last five (5) calendar years, for which information is available or increasing at an annual rate that is less than the Consumer Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for three (3) of the last five (5) calendar years prior to the year in which the Redevelopment Project Area is designated. 103 of 651 TIF Eligibility Report City of Evanston, Illinois 6 III. THE TIF DISTRICT The Howard-Hartrey TIF District as proposed for amendment contains parcels located northwest of the intersection of Howard Street and Hartrey Avenue. The existing TIF District parcels front Howard Street, whereas the 2 parcels proposed for inclusion (via amendment) are behind the frontage parcels and the existing shopping center. Please refer to Exhibit A which contains a map showing the boundaries of the TIF District. As mentioned, the existing TIF District has been successfully converted from an aging industrial/commercial area to a viable commercial shopping center. In contrast, the Amendment Area has yet to experience any redevelopment based on private resources only. Instead it has languished as an obsolete, vacant site, with unsuccessful efforts to find new private, for-profit tenants for the site “as is.” It should be noted that the site continues to be classified by the County as a taxable site (Class 5 industrial) and hence it still produces tax revenues, but the City endeavors to improve the site to ensure that it contributes to and solidifies the City’s tax base. Despite the obsolescence and distressed condition within the TIF District as proposed for amendment, the area has a number of assets that could be leveraged for modern uses: • Both Howard Street and McCormick Boulevard are major arterial roads and as such have the traffic counts necessary to support commercial and/or retail uses. • The Howard/Hartrey intersection is near the Howard/McCormick gateway to Evanston, so it serves as a welcoming point for visitors/shoppers/suppliers entering the City from nearby Skokie, Lincolnwood and Chicago; • Any redevelopment of the Amendment Area would potentially benefit from the proven drawing power of the retailers within the existing TIF District; and • The size of the property would allow for its reuse by a local commercial enterprise. 104 of 651 TIF Eligibility Report City of Evanston, Illinois 7 IV. METHODOLOGY OF EVALUATION In evaluating the Howard-Hartrey Amendment Area for inclusion within the existing TIF District, the following methodology was utilized: 1) Site surveys of the TIF District were undertaken by representatives from Kane, McKenna and Associates, Inc., supplemented with photographic analysis of the sites. Site surveys were completed for each parcel within the TIF District. 2) KMA performed EAV trend analysis to ascertain whether EAV growth in the TIF District underperformed EAV growth in the remaining part of the City. 3) KMA conducted evaluations of exterior structures and associated site improvements, noting such conditions as deterioration and obsolescence. Additionally, KMA reviewed the following data: 2006-2012 tax information from Cook County, tax parcel maps, site data, local history (based on discussions with City officials and staff), documents indicating historical uses of the site, and an evaluation of area-wide factors that have affected the area's development (e.g., lack of community planning, code violations, obsolescence, etc.). 4) Existing structures and site conditions were initially surveyed for the purpose of comparing said conditions against the TIF Act criteria, to the best and most reasonable extent possible. 5) The TIF District was examined to assess the applicability of the factors required for qualification for TIF designation under the TIF Act. KMA evaluated parcels by reviewing the information obtained for each factor against the relevant statutory criteria. Improved land within the RPA was examined to determine the applicability of the thirteen (13) different conservation area factors for qualification for TIF designation under this statute (referenced in Section II of this report). 105 of 651 TIF Eligibility Report City of Evanston, Illinois 8 V. QUALIFICATION FINDINGS FOR TIF DISTRICT Based upon KMA’s evaluation of parcels in the TIF District and analysis of each of the eligibility factors summarized in Section II, the following factors are presented to support qualification of the TIF District as a conservation area. These factors are found to be clearly present and reasonably distributed throughout the TIF District, as required under the TIF Act. The factors are summarized in the table below. Exhibit 2 Summary of Findings Maximum Possible Factors per Statute Minimum Factors Needed to Qualify per Statute Qualifying Factors Present in TIF District 13 3 5 • Excessive Vacancies • Lagging EAV • Deterioration • Deleterious Layout • Obsolescence Findings for Conservation Area. The TIF District is found to qualify as a conservation area under the statutory criteria set forth in the TIF Act. As a first step, KMA determined that the one structure in the Amendment Area is 35 years in age or older. It is 56 years old per Cook County Assessor data, and the adjacent parcel (classified as a minor industrial improvement pertaining to the parking lot) is listed by the Assessor as 46 years old. Secondly, KMA reviewed the 13 statutory criteria needed to qualify the area as a conservation area, determining that 5 factors were present: 1) Excessive Vacancies. The Act states that this finding is characterized by the presence of unoccupied or underutilized buildings that represent an adverse influence on the area. The only building within the Amendment Area is vacant (i.e., 100% vacancy). Moreover, according to City staff and based on City documentation, the structure has been vacant since 2002 – i.e., has not recently been vacated pending the closing of a real estate transaction, but has remained unoccupied for an extended period of time. In addition, the vacant building and adjacent surface improvements generally exhibit greater deterioration (relative to other buildings within the TIF District or adjacent to the TIF District) and appear to need corrective maintenance. Because of the reduced economic activity associated with vacancy and the relatively poor physical condition – in conjunction with the large size of the building – it represents an adverse influence on the overall TIF District and surrounding area. 106 of 651 TIF Eligibility Report City of Evanston, Illinois 9 1) Lagging or Declining EAV. The EAV of the Amendment Area has registered absolute declines in three (3) of the past (5) years (refer to chart below). Additionally, the area EAV has lagged the Consumer Price Index (CPI) for 3 of the past 5 years. Overall, the $1.49 million EAV as of the most recent tax year is lower than the initial base year ($1.89 million). Therefore, a finding of lagging EAV is made pursuant to the TIF Act. Exhibit 3 EAV Trends for Amendment Area 2012 2011 2010* 2009 2008 2007* Total EAV for TIF District $1,675,790 $1,486,875 $1,651,763 $1,686,846 $1,980,027 $1,890,491 EAV Change (%) 12.7% -10.0% -2.1% -14.8% 4.7% City-wide EAV (Net of TIF) $2,512,945,762 $2,725,880,698 $3,040,232,324 $3,304,302,523 $2,936,417,865 $2,770,449,538 City EAV Change (%) -7.8% -10.3% -8.0% 12.5% 6.0% CPI 2.1% 3.2% 1.6% -0.4% 3.8% 2.8% Notes: *Reassessment years asterisked. **Years are highlighted when EAV registered absolute declines. Source: Cook County and U.S. Bureau of Labor Statistics 2) Deterioration. As noted in Section II, a municipality can make a finding of deterioration with respect to structures and the surface improvements present within a TIF District. In this case, both the structure and privately-owned surface improvements within the Amendment Area evidence deterioration and deferred maintenance. In particular the parking lot is in poor condition and would need repair. 3) Deleterious Layout. A municipality can make a finding of deleterious layout or land use when there exists (a) incompatible land-use relationships, (b) buildings occupied by inappropriate mixed-uses or uses considered to be noxious, or (c) uses offensive or unsuitable for the surrounding area. Most of the problems in the area reflect incompatible land-use relationships. The primary deleterious layout issue is the poor ingress/egress to and from the area. The Amendment Area is simply inadequate to accommodate modern industrial operations where (ideally) internal, off-street circulation of trucks and vehicles is done with wide, easily traversed streets to reach loading bays etc. There is no direct northern, southern or western right-of-way access to the 2 parcels. The only access is as follows: turning in from the south via Howard Street, “looping” around the eastern side of the Howard/Hartrey area or looping 107 of 651 TIF Eligibility Report City of Evanston, Illinois 10 around the western side. Approaching from the western side requires navigating around a church rather than an open area or traffic lane dedicated for industrial users. If looping around from the eastern side, a truck or other vehicle would need to travel past the Target parking lot and then execute a sharp turn to gain access to the site. The ingress/egress problems can be illustrated by comparing the Amendment Area industrial layout versus a modern industrial park (e.g., industrial parks in Northbrook, Romeoville, or in the O’Hare Airport trade area for example). Modern industrial parks typically have (a) well-marked ingress/egress points for trucks and other vehicles, (b) an efficient internal/off-street circulation pattern and (c) wide roadways to accommodate a variety of larger trucks that require more space for executing turns. 4) Obsolescence. The Act states that obsolescence is the condition or process of falling into disuse or structures that have become “ill-suited” for their original use. The area exhibits both economic and functional obsolescence. Economic obsolescence is evidenced primarily by the excessive vacancies described above. The vacant structure in particular results in the literal “disuse” of the building. Although other uses have been proposed for the former industrial structure, the original use is now obsolete with the departure of Shure (the original tenant) in 2002. Furthermore, it appears that market demand for the site as an industrial area is severely hampered by the site conditions, evidenced by City documentation showing the last transaction was written down from $4.15 million in 2005 to $2.8 million in 2008 for a non-industrial use and by Evanston appraiser Sam Salvi identifying defects that cause the site to be diminished in value. Also, Cook County Assessor data shows only 17% of the assessed value of the former Shure building is connected to the building (83% is tied to the land). By comparison, parcels 402-025 and 402-026 associated with the adjacent Target and Jewel stores list building values as 35% and 38% of overall assessed value. The foregoing data is supported by the overall EAV valuations as discussed above, which show declines in EAV both annually and over the 2007-2012 period. Functionally, the area is experiencing obsolescence related to its general age. As mentioned, the building is 56 years in age, according to Cook County Assessor data. The combination of age and certain evolving standards in commercial and industrial building design limits the competitiveness of the older buildings – i.e., limits their utility as efficient, marketable workspace. For example, as mentioned above the structure has inadequate circulation and poor ingress/egress for delivery vehicles/trucks. Lastly, the industrial building is outmoded relative to modern warehouse-type structures in competing communities (e.g., newer industrial buildings tend to be larger, with fewer internal building supports otherwise limiting usable floor space and with higher ceilings to accommodate greater space needs). 108 of 651 TIF Eligibility Report City of Evanston, Illinois 11 VI. SUMMARY OF FINDINGS / GENERAL ASSESSMENT OF QUALIFICATION The following is a summary of relevant qualification findings as it relates to the City’s potential amendment of the Howard-Hartrey TIF District. 1. The area is contiguous and is greater than 1½ acres in size; 2. The RPA Amendment Area will qualify as a conservation area. Further, the qualification factors found in the Amendment Area are present to a meaningful extent and are reasonably distributed throughout the area. A more detailed analysis of the qualification findings is outlined in Section V of this report; 3. All property in the area is expected to substantially benefit by the redevelopment project improvements; 4. The sound growth of taxing districts applicable to the area, including the City, has been impaired by the factors found present in the area; and 5. The area would not be subject to redevelopment without the investment of public funds, including incremental property tax revenue. In the judgment of KMA, these findings provide the City with sufficient justification to consider designation of the Amendment Area for inclusion within the Howard-Hartrey RPA. 109 of 651 2255 2135216 2125228 2485 101 2145227 2141213221382126212221252119109 21402142213 213721352131213621292127212421342130213321352119 2118212 2495 2301 2209 225 21322131212321182121232 21442145219 221 233 235 2141213721242289 217 2138214121392130218 220 224 230 2121222 214421282122Br u m m e l S t Dobson S t Ho w ard S t Richmond AveBru mm el P l Hartrey AveHartrey AveProposed Howard and Hartrey TIF Expansion Proposed TIF Addition TIF District #3 Building Sidewalk / Driveway Railroad Bridge Outline Street Alley Parking Lot Park Water City of Evanston 7/25/2013 PropHowardHartreyTIFExpansion.mxd0 100 200 30050 Feet This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information.110 of 651 For City Council meeting of October 28, 2013 Item SP1 Business of the City by Motion: Appeal of Preservation Commission Decision For Action To: Honorable Mayor and Members of the City Council From: Mark Muenzer, Director of Community Development Carlos Ruiz, Preservation Coordinator Subject: Appeal to City Council of 2623 Lincoln Street (Landmark) Preservation Commission Decision – Denial of Certificate of Appropriateness Appellant: David Kimbell, Owner Date: October 17, 2013 Recommended Action: Staff recommends that the City Council accept David Kimbell’s Application for Appeal in regard to the Preservation Commission’s decision not to approve a Certificate of Appropriateness for the replacement of existing steel casement windows with vinyl casement and double hung windows on the house at 2623 Lincoln Street, an Evanston Landmark. Summary: Per City Code Title 2, Chapter 8, Section 2-8-2 Definitions : Landmark is defined as: “A property, structure, site or object designated as a "landmark" by the Council that has a high degree of historic, cultural, architectural or archaeological significance to the City of Evanston. For purposes of this Chapter and unless otherwise expressly provided by Council in the ordinance for designation, all designations shall presumptively include the lot(s) of record associated with the structure or object designated as a landmark.” David Kimbell, owner, applied for a Certificate of Appropriateness for the replacement of the existing steel casement windows with vinyl casement and double hung windows on the landmark house at 2623 Lincoln Street. The Preservation Commission reviewed the application at a public meeting on September 17, 2013. A motion to approve a Certificate of Appropriateness for the proposed window replacement failed. Vote: 0 ayes, 8 nays. Legislative History: The application presented to the Preservation Commission included the following window replacements: Memorandum 111 of 651 South elevation: Seven window openings with casement windows; one double hung window instead of a casement window (first floor). One window is not visible from the public way. West elevation: Nine window openings with casements windows; one double hung window instead of a casement window (second story gable). One steel window remains on the second story. East elevation: Seven window openings with casement windows; five double hung windows instead of casement windows (second floor). One existing steel casement window remains on the first floor. North elevation: Three window openings with casement windows; three double hung windows instead of casement windows. One existing double hung window remains (first floor) David Kimbell cited three primary reasons for the replacement of the steel casement windows with the vinyl windows: 1. The safety of the windows: The windows open outwards therefore is not safe for his children to reach the windows to open or close them. 2. The security of the windows: The prior owners have been broken into twice. They sealed the first floor windows permanently. 3. The windows roll-up screens are non-functional and cannot be repaired. David Kimbell noted that the restoration company, Old Country Painting and Steel Window Restoration, could not repair the roll up screens and the restoration of the steel windows would not solve the issues of safety and security. He argued that in the absence of a Statement of Significance for the house it is difficult to determine the historic, cultural, architectural or archaeological significance of the house. He maintains the proposed vinyl casement and double hung windows are the best solution to the current circumstances. Preservation Commission’s Findings: Regarding the proposed vinyl windows, the Commission made the following findings: 1. Compared to the existing steel casement windows, the proposed vinyl windows represent a loss of glass area of approximately 18% to 22.6% with the casement windows and from approximately 3.4% to 10% with the double hung windows. 2. The vinyl windows cannot be painted and are not compatible with the steel windows. 3. The proposed double hung windows are not compatible with the style and architecture of the landmark house which has casement windows. Page 2 of 5 112 of 651 A motion to approve the Certificate of Appropriateness for 2623 Lincoln Street for the replacement of steel windows with vinyl, in that, standards (for review of alteration) 1, 2, 3, 4, 5, 6, 7, 9 and 10 were met, was seconded. Vote: 0 ayes, 8 nays. The motion failed and the application was denied. Preservation Commission’s Recommendations: The Commission made the following comments/recommendations: 1. Provide more information on the condition of the steel windows. 2. If the steel windows could not be restored, consider other options in terms of the material of the replacement windows (metal for metal) or windows that can be painted. 3. Pay attention to the steel windows sight lines and minimize the loss of glass area. 4. If the steel windows could not be restored, replace casement windows with casement windows or use double hung windows to a minimum. 5. If replacement is necessary, fit the replacement windows within the existing window opening. Appeals and Authority to Review: Title 2, Chapter 8, Section 2-8-8-Certificate of Appropriateness (G) 7. states: “The authority to review, grant, and/or deny appeals of certificate of appropriateness pursuant to Subsection (G) shall vest in the Planning and Development Committee so long as the membership of said Committee consists of all seated Aldermen. Otherwise, said authority with the City Council or its duly authorized committee.” Pursuing Title 2, Chapter 8, Section 2-8-8-Certificate of Appropriateness (G) 5. states: “The Planning and Development Committee [City Council] shall review the appeal solely on the basis of the record and application of the appropriate standards included in Section 2-8-9 of this Chapter.” Applicable Standards for Review of Alteration: Title 2, Chapter 8, Section 2-8-9-Standards for Review of Applications for Certificates of Appropriateness (A) Standards for review of Alteration. In considering an application for a certificate of appropriateness for alteration the Commission shall consider only the following general standards, specific design guidelines, if any, accompanying the ordinance designating the landmark or district, and the standards included in Subsection (E) of this Section. Nothing in this Chapter shall be construed to prevent ordinary maintenance or repairs that do not involve a change of design, material, or the exterior architectural appearance Page 3 of 5 113 of 651 of a property, structure, site or object as long as the proscribed review procedures are followed. 1. Every reasonable effort shall be made to adopt the property, structure, site or object in a manner that requires minimal alteration of the property, structure, site or object and its environment. 2. The distinguishing original qualities or character of a property, structure, site or object and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features shall be avoided when possible. 3. All properties, structures, sites and objects shall be recognized as products of their own time. Alterations that have no historical basis and that seek to create an earlier appearance shall be discouraged. 4. Changes that may have taken place in the course of time are evidence of the history and development of a property, structure, site or object and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship that characterize a property, structure, site or object shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other structures or objects. 7. The surface cleaning of structures and objects shall be undertaken with the gentlest means possible. Sandblasting shall not be undertaken, nor shall other cleaning methods that will damage the historic materials of the structure, site or object. 8. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, cultural, architectural or archaeological material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment. 10. Wherever possible, new additions or alterations to structures and objects shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. --------------------------------------------------------------------------------------------------------------------- Page 4 of 5 114 of 651 Attachments: PDF attachments include: 1. David Kimbell Application for Appeal to City Council 2. September 24, 2013 Notice Regarding the Preservation Commission Decision 3. September 17, 2013 Preservation Commission Meeting Minutes (Excerpt) 4. September 3, 2013 Application for Certificate of Appropriateness 5. Criteria for Determining Evanston Landmarks (1975-1994) 6. 1972 Illinois Survey of Significant Structures (2623 Lincoln is listed as item170) 7. Proposed Criteria for landmark designation (2623 Lincoln is listed as A9 and A5) Page 5 of 5 115 of 651 2623 Lincoln St David and Rebecca Kimbell Lincoln St2623 Evanston 60201 847-644-8773 dckimbell@gmail.com Owner X X X 10-11-207-015-0000 2623 Lincoln St Evanston, IL 60201 116 of 651 We would like to replace non-functioning steel casement and wood double-hung windows at 2623 Lincoln Street with new windows of similar size, style and color. We purchased this home in May, and had determined prior to purchase that the home requires new windows due to the following: •Safety: to open or close the current windows, users must lean far out of the window and in some cases sit on a countertop, radiator or windowsill to increase their reach. This increases the likelihood of a fall, particularly with small children in the home. •Security: the previous owners experienced multiple break-ins through the windows and subsequently sealed the first floor windows shut. Sealed steel windows cannot be broken in the case of an emergency, removing an important point of fire exit in the event doors are blocked or deadbolts locked. In addition to providing our home with windows that open, replacing the windows would provide the added security of a three-point locking system, rather than the single-point latch. The previous owners reported that our daughter’s second floor room had been burglarized by opening the single-latch window. •Livibility: As mentioned, the first floor windows are sealed, preventing us from enjoying fresh air by opening windows. Second floor windows do not close completely; daylight can be seen through the window seals even when the latch is closed tightly. For all windows, the existing 85 year-old metal screens that roll down from inside the window frame are non- functional, leaving large gaps if they roll down at all. Currently, we are unable to keep any windows open without stop-gap measures such as duct tape and cardboard. Rodents and insects have found easy and frequent entry into our home. A window restorer (recommended by the Commission) has indicated that these screens cannot be repaired or replaced. Further details of each of the concerns, as well as photos, are included in the attachment. After careful selection, we identified a company that could provide new windows that match, as close as possible, the design of our existing windows, and contracted for nearly $30,000 in windows custom made for our home. After the windows were manufactured and the window company went for the standard permit, we learned for the first time that our home has Landmark Status, a fact that was not disclosed to us during the purchase process. Subsequently, we presented our proposal to the Commission and explained our concerns, but were denied. We are seeking approval to install these windows to improve the safety, security and living experience of our home. These are very common windows in our neighborhood and throughout Evanston and we believe they will enhance the outdoor as well as the indoor aesthetic of our home. 9/17/13 0 9 X We have several concerns with the Commission’s decision, which are detailed on page 4 of this submission, including: •There is no process or requirement to disclose Landmark Status to potential homebuyers, and most real estate agents, inspectors and especially new Evanston residents have no idea that a list of Landmark homes even exists. •The commission does not have a “Statement of Significance” for our home, making it is impossible to discern why our home is listed as a Landmark when other homes on our street and in our neighborhood that were built by the same architect, of the same materials, and in the same year are not designated Landmarks – and thus not subject to the same stringent regulations. •We find it troubling that the Commission – as they specifically stated during the hearing – blindly puts historic preservation above human safety or reasonable habitability in making their decisions. Additionally, we reviewed the 10 Standards of Review for Certificate of Appropriateness and believe that we adequately meet the applicable standards including standards 1,2,3,5,6 and 9. Standards 4,7,8 and 10 are not applicable to our request. X 117 of 651 There is one specific standard that is open to unreasonable interpretation when the Commission is unable to provide us a “statement of significance” for our home: 2-8-9 A 9 This standards states: “Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, cultural, architectural or archeological material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.” Without providing us with a statement of significance, the Commission cannot adequately explain which element(s) of our home is/are indeed “significant,” therefore they are ruling based on an undefined and uncertain standard. While the windows in our home are certainly old, the Commission provided no evidence they are significant. In fact, many similar homes in the neighborhood have identical or similar windows yet are not designated as landmarks, thereby implying that the windows themselves hold no special significance which would require them to be protected. Without a clear demonstration by the Commission that these windows do indeed hold special significance it is unreasonable to assume the windows are the basis for landmark status on this home. Furthermore, the windows we have selected are completely compatible with the property and neighborhood. A majority of homes in the neighborhood, including our neighbor directly to the east, have windows of similar style, size, scale and material. The proposed new windows are very similar to the existing windows in size, color and style. They are consistent with the environment and will add to the beauty of our home and neighborhood. As detailed in sections 11, 12 and 14 of this submission, we believe the Commission did not fully take in to account the specifics of our case including the fact that landmark status was not disclosed to us during the purchase process, their inability to provide a statement of significance on our home to guide the interpretation of the standards, and the realization that the proposed windows are consistent with both the existing windows and our neighborhood while improving the safety and security of our home. X 118 of 651 We have several concerns with the Commission’s decision including: •Lack of required disclosure: While we appreciate the importance of the Commission’s role, we are dismayed that there is no formal process to inform home buyers that a given home, particularly those outside of established Historic Districts, are subject to the limitations and burdensome requirements of landmark status. During the Commission hearing in which I presented our proposal, the Commissioners agreed, and were in fact surprised, that there is no formal process for disclosure. We are troubled that the change we are requesting – which would be acceptable to nearly every home in our neighborhood – is not acceptable in our case because of an unknown Evanston requirement that is only disclosed well after purchase. At no point in the purchase process is this disclosed including 1) current owner disclosure 2) seller agent disclosure (by an agent with extensive Evanston experience) 3) buyer agent awareness (again, an agent with extensive Evanston experience) 4) title insurance 5) appraisal 6) inspection (by an inspector with extensive Evanston experience) 6) mortgage (with a locally based bank). Additionally, we have lived in Evanston for many years and were not aware of this possibility. We do not believe it is justified to hold a buyer responsible for unique and burdensome requirements that do not apply to nearly every other home in the neighborhood and which there is no process for disclosure prior to purchase. •Lack of a “Statement of Significance” for our home: The Commission has confirmed that it has no Statement of Significance for our home, the City’s documentation of why a home has Landmark status. Most landmark homes have a statement of significance which details the rationale for landmark recognition. With out this statement, no one knows what unique characteristics qualify our home for this status. This makes it impossible to ensure we are protecting the “significant” qualities of our home and inhibits our ability to adequately communicate the history and special elements of our home when we try to sell it in the future. Further confusing the situation is the fact that a neighbors’ home which was designed by the same architect, built in the same year and has a very similar appearance to ours is not designated as landmark. In short, the Commission can’t document or explain why our home is subject to more rigorous regulations than our neighbors. It is frustrating to walk through our neighborhood and see attractive, functional new windows on homes similar to ours, and know that the owners have far more options to improve their homes than do we. •Lack of concern over human safety: During the Commission hearing, the commissioners understood the validity of our safety and security concerns (as detailed in this document) but stated “we care for homes, not people”. Additionally, the commission stated “safety and security is not our concern”. We find it distressing that, as representatives of the City of Evanston, this commission did not consider the safety of our family, including that of our children and other children that may visit, in their ruling. Indeed, it is impossible for anyone – especially a child -- to open or close most of our windows without leaning some portion of his or her body out of the window or climbing onto a radiator. We researched options such as window stays (bars to push the window open), but most of our windows are too big. By installing these high quality, safe and secure windows (which many homes in our neighborhood use) we will dramatically improve the interior and exterior aesthetic and quality of life in our home while meeting current building codes. The lack of disclosure before sale, the inability to provide documentation regarding our Landmark status, the dismissal of safety and security concerns, and the unfair regulations placed on us versus our neighbors places an undue and unjust burden on us as homeowners. We would also like to note that, because the lack of disclosure left us unaware of any unique permit requirements, we purchased nearly $30,000 of custom built windows that cannot be returned (we found out about the Landmark status when going for the window installation permit). If we can’t install these windows, we will not only lose this investment, but will be forced to spend as much as an additional $60,000 to attempt to resolve the serious life-threatening issues posed by our current windows – but the unacceptable indoor and outdoor aesthetics will remain. Additionally, to meet the requirements of the Commission, we spent $2,000 for architectural drawings and have committed over 50 hours of personal time to complete our submission. We respectfully request that the City Council allows us to install the window as detailed in our proposal so we can avoid the significant financial and personal burden imposed by the commission's ruling. 119 of 651 120 of 651 Window Improvement Project2623 Lincoln StEvanston, IL121 of 651 Project Overview•We are new owners of a wonderful 1929 home on Lincoln St in Evanston•During the purchase process, we determined the home would benefit from new windows for the reasons outlined in this presentation•After purchase, we discovered the home has Landmark Status so we are here to share our proposal with the commission and ask for your approval•We believe this project will significantly enhance our experience in our new home while maintaining the special architecture that attracted us to it122 of 651 Project Rationale123 of 651 Three Reasons for New Windows•Safety•Security•Screens•Current windows require you to lean far out of the house to close•First floor windows are not secure and were permanently sealed shut by previous owners•Screens do not close or work properly 124 of 651 Safety Concerns of Existing Windows•Current second floor windows require you to lean far out of the house in order to close–Many windows have radiators in front of them making it more difficult to reach the handle–Some windows require a reach of more than 36”–With roll-up screens (many of which don’t work), screens must be opened fully to access the window–According to an American Academy of Pediatrics study, 14 children in the United States fall from windows and sustain injuries requiring emergency room visits every day1–With young children in the home, we believe we need to improve the safety of our windows•Proposed windows significantly improve the safety of our home–With a crank closing mechanism, windows can be closed without leaning out of the window–Additionally, while not a full safety solution, fixed screens discourage dangerous activities that could lead to falls1. Pediatric Injuries Attributable to Falls From Windows in the United States in 1990-2008; American Academy of Pediatrics; http://pediatrics.aappublications.org/128/3/455.full.pdf125 of 651 Safety Concerns of Existing WindowsOriginal windows require you to lean out of the house to open or close them thereby dramatically increasing the risk of fall from our second or third floor windows , particularly for children126 of 651 Security Concerns of Existing Windows•Existing windows are not secure and all first floor windows were permanently sealed shut by previous owners–Previous owners were broken in to twice, both times through original windows•Once through a first floor window and once through a second floor window accessed by a low roof.•Both times the windows were closed and latched–Most existing windows don’t close completely providing access for prying or shaking the latch open–With just one small latch, the windows do not match the security of new windows–As a result of this, the previous owners sealed all first floor original windows permanently closed to reduce the risk of future break ins.•Not only does this solution reduce air quality due to lack of natural ventilation, it also eliminates the windows as escape routes during a fire or other emergency–The National Fire Protection Association’s guidelines state to ensure all doors and windows to the outside open easily and to never nail or paint windows shut. Additional guidelines state that security bars and steel screens on windows could keep you trapped inside during a fire or prevent emergency personnel access to the home–Additionally, existing glass is single glazed annealed glass around 3 - 4mm thick. This offers very little in the way of security and can be broken and accessed very easily.–As owners of a nearby home for 8 years (2515 Pioneer), we understand the importance of security as our home and/or garage were burglarized 3 times•Proposed windows provide significantly improved security–Windows securely lock with a single lever multi-point locking mechanism–Interior glazing bead deters glass removal from the outside–Windows have crank mechanisms that make it difficult to open even when unlatched–Dual pane windows provide added security against window breaks–Windows close firmly and securely yet can be easily opened from the inside in case of emergency127 of 651 Security Concerns of Existing WindowsAll original first floor windows permanently sealedMost second floor windows do not close securely even when latched128 of 651 Ineffective Screens of Existing Windows•Existing screens do not close or work properly–It is very important to our family to have open widows throughout the house. In fact, it is one of the reasons we love older homes – they were designed to be open. And we believe Evanston is an “open-window” type of community and culture.–Existing windows include “hide-a-way” screens that roll into the wall above the window.–None of the existing screens close completely which allows flying and crawling insects to enter our home–Many of the screens are torn or have holes–Existing screens are difficult to open and close and, as stated in the safety section, must be opened completely to open or close the window–Evanston city building code section 304 .14 requires “tightly fitting screens on every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing habitable rooms”•Proposed windows provide significantly improved screen systems–New windows include interior screens that are completely sealed–New windows do not require removal to open or close windows–Restoration options of screens are not acceptable:•The one Chicago based steel window restoration company suggested by the City of Evanston is unwilling to guarantee his work on “hide-a-way” screens saying he has had very bad experience with replacement solutions•Other solutions provide an highly undesirable interior aesthetic. 129 of 651 Ineffective Screens of Existing WindowsNone of the original screens close completely 130 of 651 Proposed Windows131 of 651 ProposedWindows•New windows carefully selected to match existing look and color as closely as possible.•Three companies offered possible solutions:–Pella–McMahon (Pella and Alfeld)–American Thermal Windows (Pella and Great Lakes)•American Thermal custom built “Great Lakes Lifestyles” offered the closest aesthetic match•Key Features:–Nearly identical color match–Casements on street facing sides of home–“New Generation” Vinyl clad windows with R-Core polyurethane filled mainframes–Low-profile classic grids closely matching existing grids132 of 651 ProposedWindowsNew windows address all issues highlighted as concerns in this presentation while maintaining a very close match to the original windowsExisting WindowProposed Window133 of 651 ProposedWindowsExisting WindowProposed Window134 of 651 Proposed CasementProposed Double-hung135 of 651 Restoration and Repair Options•We explored potential restoration or auxiliary solutions•Restoration options are extremely limited and failed to address our primary concerns–The City of Evanston suggested three steel window restoration company, only one of which is located in the mid-west (Old Country Painting and Steel Window Restoration)•The other two are based in NY and DE and were not able to provide input–Old Country Painting and Steel Window offered to paint the windows but said the following about restoring or replacing the screens – none of which instilled confidence in the company’s ability to work on our home•“I’ve washed my hands of screens”•“I don’t want to ruin my business by working with screens”•“All screens have the same issues”•“I’ll install the ones you can buy at Home Depot but I’m not going to guarantee the work”–Additional searches for local steel window restoration alternatives didn’t uncover options•Auxiliary solutions do not sufficiently address our needs–All restoration options still require windows to be closed by leaning out of the building–Custom built interior screen solutions have not been aesthetically or functionally acceptable–Storm windows would provide added security but only during winter months, and can impede emergency escape. They also, in our opinion, diminish the exterior aesthetic of the home when installed.136 of 651 Our Request•We respectfully request the approval for installation of our proposed windows in our new home•We recommend this for the following reasons:–We do not believe these windows will detract from the beauty of our new home. –The proposed new windows have been carefully selected to maintain our home’s historic charm while enhancing its safety, security and comfort.–Since the City of Evanston does not have the “Statement of Significance” for our home, we don’t know exactly why our home was designated a Landmark. However, based on neighborhood observation and the design of the windows, we do not believe the windows are the architectural element that placed our home on the Landmark list. The windows are of basic design with no distinguishing architectural features such as arched tops, hoods or other decorative elements.–With the proposed windows, our new home will maintain the features that make it special – the hand crafted stone, slate roof, and story-book cottage design. The windows will in no way detract from the beauty of the home, nor will they diminish the monetary value of the home or neighborhood. In fact, the value of our home is likely to increase by rectifying the defects described in this proposal -- and a majority of the homes in our neighborhood already have new windows similar to those proposed here.–We are honored to live in a Landmark Status home and are excited to be making a variety of improvements to restore and improve key elements. We recently uncovered and restored original floor tile in the master bath, uncovered and refinished the original hardwood flooring throughout the home, restored and reinstalled original light fixtures to the dining room and library and returned wall paint to colors more appropriate to the era. We are committed to this home and to Evanston and look forward to many years of life and enjoyment in our beautiful new home.Thank you for your consideration137 of 651 Page 1 of 3  September 24, 2013  David Kimbell  2623 Lincoln Street  Evanston, IL 60201  RE: 2623 Lincoln Street  Notice Regarding the Preservation Commission Decision on the Proposed  Replacement of Existing Steel Casement Windows with Vinyl Casement and  Double Hung Windows.  Dear Mr. Kimbell:  On September 17, 2013 the Preservation Commission reviewed your application for a  Certificate of Appropriateness for the house at 2623 Lincoln Street (a designated  Evanston Landmark) for the replacement of the existing steel casement windows with  vinyl casement and double hung windows.  The elevation drawings submitted with your application showed window replacement as  follows:  South elevation: Seven window openings with casement windows; one double hung  window instead of a casement window (first floor). One window is not visible from the  public way.  West elevation: Nine window openings with casements windows; one double hung  window instead of a casement window (second story gable). One steel window remains  on the second story.  East elevation: Seven window openings with casement windows; five double hung  windows instead of casement windows (second floor). One existing steel casement  window remains on the first floor.  North elevation: Three window openings with casement windows; three double hung  windows instead of casement windows. One existing double hung window remains (first  floor)  Community Development Department  Planning and Zoning Division  2100 Ridge Avenue  Evanston, Illinois 60201  T   847.448.8687  TTY  847.448.8064  www.cityofevanston.org 138 of 651 Page 2 of 3  As part of your presentation you mentioned three primary reasons for the replacement  of the steel casement windows with the vinyl windows:  1. The safety of the windows: The windows open outwards therefore is not safe for  your children to reach the windows to open or close them.  2. The security of the windows: The prior owners have been broken into twice.  They sealed the first floor windows permanently.  3. The windows roll­up screens are non­functional and cannot be repaired.  In your presentation you mentioned that the restoration company Old Country Painting  and Steel Window Restoration could not repair the roll up screens and the restoration of  the steel windows would not solve the issues of safety and security.  Finally, you noted that the proposed vinyl casement and double hung windows were the  best solution to the current circumstances. In the absence of a Statement of  Significance for the house it is difficult to determine the historic, cultural, architectural or  archaeological significance of the house.  Preservation Commission’s Findings:  Also at the September 17, 2013 meeting the Commission members noted the following  about the proposed vinyl windows:  1. Compared to the existing steel casement windows, the proposed vinyl windows  represent a loss of glass area of approximately 18% to 22.6% with the casement  windows and from approximately 3.4% to 10% with the double hung windows.  2. The vinyl windows cannot be painted and are not compatible with the steel  windows.  3. The proposed double hung windows are not compatible with the style and  architecture of the landmark house which has casement windows.  A motion to approve the Certificate of Appropriateness for 2623 Lincoln Street for the  replacement of steel windows with vinyl, in that, standards (for review of alteration) 1, 2,  3, 4, 5, 6, 7, 9 and 10 were met, was seconded. Vote: 0 ayes, 8 nays.  The motion  failed.  As a result of the Preservation Commission unanimous decision, the Certificate of  Appropriateness for the replacement of the existing steel casement windows with vinyl  casement and double hung windows at 2623 Lincoln Street was denied.  Preservation Commission’s Recommendations:  The Commission during its review made the following comments/recommendations: 139 of 651 Page 3 of 3  1. Provide more information on the condition of the windows.  2. If the steel windows could not be restored, consider other options in terms of the  material of the replacement windows (metal for metal) or windows that can be  painted.  3. Pay attention to sight lines and minimize the loss of glass area.  4. If the steel windows could not be restored, replace casement windows with  casement windows or use double hung windows to a minimum.  5. If replacement is necessary, fit the replacement windows within the existing  window opening.  You may submit an amended application based upon the recommendations of the  Commission.  In accordance to the City Code, Title 2, Chapter 8, Section 2­8­8 (G) Appeals 1. “Any  applicant, following a denial of a certificate of appropriateness by the Commission, may,  within thirty (30) days of the denial apply for appeal to the Planning and Development  Committee of the Council.”  If you decide to appeal the denial you can submit the application for appeal until  Thursday, October 17, 2013.  On behalf of the Preservation Commission I want to thank you for submitting your  application for Certificate of Appropriateness and I wish you the best.  Sincerely,  Carlos D. Ruiz  Senior Planner/Preservation Coordinator  cr 140 of 651 APPROVED  Page 1 of 5  Preservation Commission  MEETING MINUTES (EXCERPT)  PRESERVATION COMMISSION  Tuesday, September 17, 2013  7:00 p.m.  Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2200  Members Present: Suzanne Farrand, Kris Hartzell, Dian Keehan, Anne McGuire, Amy  Riseborough, Scott Utter, Jack Weiss, Diane Williams  Members Absent: Andres Lombana (left at 8:30 p.m.), Garry Shumaker  Staff Present: Carlos D. Ruiz  Presiding Member: Kris Hartzell, Vice­Chair  Declaration of Quorum  With a quorum present, Vice­Chair Hartzell called the meeting to order at 7:10 p.m.  NEW BUSINESS  E. 2623 Lincoln Street (L) – David Kimbell, owner/applicant. Replacement of true  divided light steel casement windows with vinyl casement and double hung windows  with window grill pattern between the glass [Alteration].  David Kimbell, owner, presented the project to replace the existing steel casement  windows of his home at 2623 Lincoln Street. Mr. Kimbell said he purchased the  home in May 2013. It was clear then they needed to improve and change the  windows. Subsequently, they engaged a variety of window companies to go through  the process of trying to find windows that would solve some of the issues regarding  the windows and also match as close as possible the color and style of the steel  windows.  After they selected and purchased windows and when they applied for a  permit is when they discovered that the home is a landmark.  David Kimbell said one of the reasons they like the house is because the history and  heritage of the home.  They were certainly unaware through the seller of the home,  the real estate agent, the title company, the mortgage company, and three different  window companies of the landmark status of the house.  David Kimbell said their decision to replace the existing steel casement windows  was motivated by their desire to improve the safety, security and the screens.  Safety: to close the casement windows, a person has to lean out to close the  windows, and radiators are in front of windows. This situation is not safe for their  children.Windows should meet adequate safety design.  Security: the home was built in 1929.  The previous owners were broken into twice.  The steel windows don't close all the way. The solution the previous owners  implemented was sealing the windows shut. Mr. Kimbell said they don't believe 141 of 651 APPROVED  Page 2 of 5  Preservation Commission  these windows could adequately address the security concerns. The new windows  do that, providing a secure lock with a single lever multi­point locking mechanism.  The interior glazing mechanism makes it more difficult to remove glass from the  outside, and the dual pane windows also makes it more difficult to break in.  Screens: the 1929 screens are built into cement walls around each window.  The roll  down screens, do not close. Three window restoration contractors, one based in  Chicago, could not repair the screens, and the work cannot be guaranteed. Mr.  Kimbell thought of adding safety through some kind of storm window system. The  restoration contractor recommended not putting a storm in the outside of the  window, because the window sills are too narrow.  David Kimbell said there is no solution to security, safety and screens concerns. The  beauty of the home is not driven by the windows. Without a Statement of  Significance for the home, he was not sure about the reason for the landmark status.  The proposed windows are as close as possible to the existing windows in color and  overall look and design. A local company, McMahon, did not have a solution to  match the existing windows. The proposed windows match the casement windows  on the two sides of the home that face the street (Bennett and Lincoln), and the grid  system in between the panes are similar to the design to the existing  windows. There are some casement windows that will be replaced with double hung  windows. They are on the side of the house, and a couple windows open into the  porch.  David Kimbell said they explored restoration; their conclusion was they cannot repair  the screens as they are. The interior storm window solution creates challenges to  open the window in a case of emergency to exist the house. There is no solution to  make the windows safer from a fall. There is no solution to security because with a  bar or permanent locking system from the outside, would make it more difficult in  case of an emergency to exit the home.  David Kimbell maintained that the beauty of the home is not driven by the windows.  There is no Statement of Significance on the home. Not sure what kind of driver  landmark status was. The home at 2714 Lincoln was designed by the same architect  in the same (Joseph Bristle) in 1929. For whatever reason that home is not a  landmark.  He was not sure if the architect, or design or the windows or what exactly  drove the landmark status. Mr. Kimbell said they do not believe the windows are  unique in style or architectural detail. The proposed windows will maintain the  fundamental design, the stone styling of the home, the roof of the home, the overall  architectural cottage appeal will not be in any way diminish by replacing the windows  on the home. From the neighborhood standpoint, over half of the homes in their  neighborhood have windows similar to the proposed windows.  David Kimbell referred to the application that shows the layout of the house and the  detail of existing and proposed windows.  The front of the house windows are all  being replaced with casement windows with the exception of one window inside the  porch into the dining room, which not visible from the street. On the side of the  house facing Bennett, all windows are being replaced, except of one window in a 142 of 651 APPROVED  Page 3 of 5  Preservation Commission  closet with casement windows. On the side facing the alley and the neighbors, some  are double hung. Mr. Kimbell said that they already own the replacement windows.  Carlos Ruiz said there are a number of landmarks without a Statement of  Significance. He found the house was listed under A9 because it was identified in  the 1972 Illinois Survey of Significant Structures. The house was also listed under  criterion A5 because of the architect. The Commission discussed the issue of  disclosure of the landmarks status by sellers and realtors.  Suzanne Farrand said she believed everything Mr. Kimbell said about the security,  safety and the screens. However, this is not a great solution because the windows  look very different, the material is very different. What is proposed makes substantial  changes to the way the house looks. While Mr. Kimbell said that he did not have  good solutions to the safety, security and screen problem, she was not convinced  they are not solutions, except for the fact the Mr. Kimbell owns the windows he has.  She was very sympathetic to the place where Mr. Kimbell is in, but she is also  sympathetic to the house too, and the Commissions' purview is first to the house and  then to new construction.  Jack Weiss said the proposed windows lose 2 square feet per window of glass area  on the large windows and one square foot on the double hung windows. The new  windows loose a lot of light inside the house and also dramatically affect the outside  of the house. Mr. Kimbell said there will be 18% reduction of glass in the casement  and 10% reduction of glass in the double hung. Scott Utter said the dimension in the  steel window frame is 1 1/4" versus 3" in the vinyl. Mr. Kimbell acknowledged the  replacement vinyl window frame is about 1 1/4" bigger in that dimension. J. Weiss  asked why double hung windows are proposed in areas that don't seem to be  vulnerable to security. Mr. Kimbell said the previous owners had replaced a couple  of the windows with double hung windows. They matched those windows. In regard  to the upstairs double hung windows, it was personal choice as to what it made  sense in each of those bedrooms and bathrooms.  That side faces the neighbors to  the east.  Anne McGuire said she also sympathized with Mr. Kimbell’s situation.  However,  windows are a substantial proportion of the facade material and the way the  windows look they express the character of the building. Often people say windows  are the eyes of a building. The steel windows are very thin; the sight lines are very  narrow. She said she was not sure the windows needed to be replaced. But were  the windows needed to be replaced, the proposed window system does not come  even close to matching the important characteristics of the steel windows. She has  seen other windows that have been replaced probably with aluminum, with narrow  sight lines, metal to metal match. While is interesting that this Tudor house has been  lightened, the timbering is washed out grey and the windows are light, typically these  are much darker and the windows recede. Here with a vinyl window is a product that  can't be painted and is not reversible like the steel windows. One can bring back to  the original color with a metal window. She would be interested to know in looking at  a replacement window, that maybe it is reversible in color.  Anne McGuire said she would like to see more information on the disrepair of the  steel windows, before she is convinced that the windows cannot be retained.  Scott 143 of 651 APPROVED  Page 4 of 5  Preservation Commission  Utter asked if any of the restoration contractors gave any hardware options where  the upper restrictors would prevent the window opening wide.  Mrs. Kimbell said that  the opening is too large for the restrictors to operate.  The steel windows on the first  floor are unmovable and can’t be opened.  A. McGuire said laminated glass will give  certain amount of resilience to break­ins as well as noise reduction.  Anne McGuire thought there might be new windows that will give better sight lines  than the vinyl and casements with restrictors. She noted nothing is going to be as  narrow as steel.  Dian Keehan said the double hung window does not seem  appropriate for the house; especially on the second floor window on the west  elevation where the double hung window comes short of the timber detail at the  dormer.  She noted the windows detail on the first floor and how the operable part of  the steel windows have framing around it, a beautiful detail, and the transoms with  the sidelights.  David Kimbell showed to the Commission members an actual casement  replacement vinyl window.  He said the reason they chose these windows was  because the color matches closely the color of the existing, as well as the casement  styling.  They talked to three window companies about different options, including  aluminum windows, and the vinyl windows met their needs.  Suzanne Farrand asked  if Mr. Kimbell talk to anybody who said that they could provide steel windows.  Mr.  Kimbell said the companies they talked to did not suggest or believe that they could  do anything with steel windows.  Anne McGuire asked Mr. Kimbell if he looked into  steel window replacement, he said no. A. McGuire said Hope’s Steel Windows  provides thermally broken steel windows with insulated glass.  Scott Utter asked if  they looked for a retrofit window with a push bar.  Mrs. Kimbell said that is what she  was referring before.  They could not make one big enough for the existing windows.  Anne McGuire suggested Mr. Kimbell to listen to the comments that were made and  maybe consider what other options he may have.  S. Farrand asked if the  Commission puts the application to a vote and if it does not pass, what are the  options that Mr. Kimbell have.  C. Ruiz said Mr. Kimbell could appeal the  Commission’s decision within the first 30 days after the Commission’s decision, after  that he can’t appeal.  He could also explore the options that have been discussed  and the application could be tabled.  Suzanne Farrand said the Commission is asking if every reasonable effort has been  made to adapt the structure that would require minimal alteration. Mr. Kimbell said  they talked to three restoration companies.  They spend almost a full day looking at  options to restore the windows; none addressed the safety and security of the steel  windows.  For replacement, they talked to three companies, including one in  Evanston. In their assessment and analysis, they arrived to what they felt was the  best solution.  Mrs. Kimbell said they really made an honest effort to try to get the  very closest windows to the existing.  Commission members expressed their  empathy for the situation.  Suzanne Farrand said the Commission could either vote or table the application and  could discuss further and come back for the applicant’s other solutions.  Mr. Kimbell  said he did not have other solution for the windows and he asked for a vote. 144 of 651 APPROVED  Page 5 of 5  Preservation Commission  Carlos Ruiz listed the standards for review of alteration 1­7, 9 and 10 as applicable.  C. Ruiz asked Commission members if any of the listed standards have been met.  Mr. Kimbell referring to standard 9 said that without real understanding of what the  significance was (historical, cultural, architectural or archaeological) and what the  reasons are for the landmark status of the home, it is hard to know exactly its  significance. Understanding and totally agreeing that windows are an important part  of the home, but without any statement of significance is hard to know what is  significant about the house. Standard 10, it seemed that someone could remove the  windows and replace them at some point.  It is not tearing a wall down or anything  that could not be replaced.  He thought standards 7 and 8 were not applicable.  Standard 5, the steel windows do not appear to be of any distinctive stylistic feature  or example or skill craftsmanship, they are basic, standard windows of that era.  Not  having a record of it is hard to know. Standard 4 is not applicable. Standard 1, they  made reasonable efforts. Standard 2, the distinguishing qualities or character are not  changed.  Standard 3 is not applicable either.  Scott Utter moved to approve the Certificate of Appropriateness for 2623 Lincoln  Street for the replacement of steel windows with vinyl, in that, standards 1, 2, 3, 4, 5,  6, 7, 9 and 10. Diane Williams seconded the motion.  Vote: 0 ayes, 8 nays.  The  motion failed.  David Kimbell said he will appeal to the City Council.  He said the choice has been  made not to address the issues of security, liability, injury, safety of the home.  C.  Ruiz said those issues are not the purview of the Commission. Mr. Kimbell said he  could not do replace the windows without the Commission approval.  C. Ruiz said  Mr. Kimbell could perform some measures of security without altering the windows.  Mr. Kimbell said as of this moment the Commission is accepting any risk of liability  associated with the windows of this home. C Ruiz and Commission members did  not concur with Mr. Kimbell’s assessment.  Carlos Ruiz informed Mr. Kimbell he has 30 days to appeal the Commission  decision.  COMMUNICATIONS  ADJOURNMENT  The meeting was moved and seconded to adjourn. A voice vote was taken and the  motion was approved at 9:50 p.m., September 17, 2013.  Respectfully Submitted,  Carlos D. Ruiz  Senior Planner/Preservation Coordinator, Community Development Department 145 of 651 146 of 651 147 of 651 148 of 651 149 of 651 150 of 651 151 of 651 152 of 651 153 of 651 154 of 651 155 of 651 156 of 651 157 of 651 158 of 651 159 of 651 Please note that the current binding Preservation Ordinance was adopted on March 21, 1994. All previously designated landmarks (1975-1994) were incorporated as part of the current Preservation Ordinance. CRITERIA FOR DETERMINING EVANSTON LANDMARKS (Preservation Ordinance 1975-1994) In making decisions about which sites qualify as Evanston Landmarks, which do not, and which are eligible for national recognition, the Preservation Commission must deal with the age of structures, verifiable facts; events, people and structures with associative value; integrity of the site; and integrity of design. In order to be designated an Evanston Landmark, a structure must be at least 25 years old and must meet one or more of the following criteria: Criteria of Historical Importance Hl Exemplify the cultural, political, economic, or social heritage of Evanston; or, H2 Be the site of an historic event 25 years in the past; or, H3 Be associated with a nationally, regionally, or locally prominent person or organization; deceased 25 years. When a person or event of national or international significance, or which has an undeniably important place in Evanston history becomes associated with a structure or place, which is in clear and present danger of radical alteration or demolition, the 25-year limit may be waived. Criteria of Architectural Importance A4 Exhibit a high quality of architectural design without regard to the time built or historic associations; or, A5 Exemplify the work of a nationally or internationally known architect, or major local architect or master builder; or, A6 Exhibit a high quality of architectural design that is the result of a change or a series of changes to an original structure; or, A7 Exemplify an architectural style, construction technique or building type once common in the city; or, A8 Exhibit an unusual, distinctive or eccentric design or construction technique which contributes to the architectural interest of its environs as an accent or counterpoint; or, A9 Be selected for inclusion on the 1972 Illinois Historic Structures Survey In addition, certain places which have long provided an established and familiar visual feature in Evanston by virtue of their unique location, distinctive physical characteristics or historical association, may be designated Evanston Landmarks. 160 of 651 161 of 651 162 of 651 For City Council meeting of October 28, 2013 Item SP2 Continuation of FY2014 Budget Discussion For Discussion To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager/CFO Subject: Fiscal Year 2014 Budget Discussion (Budget discussion will take place after consent agenda items and before Call of the Wards.) Date: October 22, 2013 Recommended Action: No formal action will be taken regarding the FY2014 Budget. This is a continuation of the Council budget discussion begun on October 21, 2013. Budget documents are available here: http://www.cityofevanston.org/city-budget/ Memorandum 163 of 651 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, October 14, 2013 Roll Call: Alderman Wynne Alderman Rainey Alderman Wilson Alderman Burrus Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Alderman Grover Presiding: Mayor Elizabeth B. Tisdahl The Regular City Council Meeting was called to order at 7:41 P.M. Mayor Public Announcements Mayor Tisdahl extended her condolences to the Lang family concerning former Alderman Maxine Lang’s death and the 6 days later her husband Chuck died as well. City Manager Public Announcements Mr. Bobkiewicz announced his release of his proposed budget, and that it is available online. He also mentioned the bus tour of some of the Capital Improvement Projects scheduled for Saturday, October 26th and the public is invited to ride along. Communications: City Clerk There were no communications from the City Clerk Citizen Comment The individuals spoke on item H6 (105-O-13): Junad Rizki, 2787 Sheridan Madelyn DuCree, 1929 Forest Street The above speakers were concerned with the services that would be abolished if and when Township would be terminated by way of the referendum in March. Susan Trieschnaw, 2922 Central spoke in support of the Council’s decision to lend their support to Curt’s Café. Anjana Hansen, 2017 Seward Street shared her announcement of the 6th year of bike- the-ridge event, and how it has become one of the best events in the City. She then thanked the City staff (including Mr. Doug Gaynor), the venders and the various 164 of 651 2 departments. She also mentioned the limited availability of the tee-shirt that she modeled for the Council. Ms. Wanda Reed came tonight to honor a person who supported her, and came through the back door to encourage her during her time of life. She presented a boutique of flowers to Mayor Tisdahl for the impact she made in her life. Barbara Janes came to announce the next meeting of the “NoParkSale” organizations plans and accomplishments. On Wednesday October 23rd, in room 2404 will be the followup meeting of the successful September meeting. These individuals spoke on item H5 (80-O-13): Audrey Schroder,4009 N, Finderma Stephaine Spike, 1125 Dickas Way, Schamburg James Gottschalk, 9322 Drake Ave. Tom Kendall,724 Mulford Michael Cozzel, 7142 N. Keefer 835 Ridge Ave Rodney Cantorti, 2342 W. The above individuals spoke in opposition of the passage of this E-cigarette ordinance. They explained the vapor is less toxic and less likely to cause any health problems. Bonnie Wilson, Township Assessor came to publicly announce her opposition to the dissolution of the Township, and how her office has saved the Evanston taxpayers many dollars from their tax bills. Items not approved on Consent Agenda: (H2) Approval of Lakefront Use Special Events Policy The Park and Recreation Board recommend City Council’s consideration of approval for modifications to the special events policy for lakefront use as a 3 year pilot at which time City Council can extend or modify the policy. For Action (H5) Ordinance 80-O-13, Amending Title 3, Chapter 14 “Cigarettes and Tobacco Products” to add Restrictions for Use of Electronic Cigarettes and Liquid Nicotine The Human Services Committee and staff recommend that the City Council authorize adoption of Ordinance 80-O-13, Amending Title 3, Chapter 14 “Cigarettes and Tobacco Products” to add Restrictions for Use of Electronic Cigarettes and Liquid Nicotine. This ordinance was introduced at the September 23, 2013 City Council meeting. For Action (H6) Ordinance 105-O-13, Binding Referendum for Dissolution of Evanston Township Staff submits for consideration Ordinance 105-O-13, calling for a binding referendum question to be submitted to the electors of Evanston Township to vote on whether to dissolve Evanston Township. This ordinance was introduced at the September 23, 2013 City Council meeting. For Action 10/24/2013 10:17 AM 165 of 651 3 (O3) Resolution 49-O-13, Proposed Revisions to City Council Rules Rules Committee and staff recommend approval of proposed revisions to Council Rules, effective November 1, 2013. For Action CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council meeting September 23, 2013 (M2) Approval of Minutes of the Special City Council meeting September 30, 2013 For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through 9/22/13 $2,730,806.44 (A2) City of Evanston Bills FY2013 10/15/13 $5,014,765.58 Credit Card Activity through August 31, 2013 $$ 145,450.19 For Action (A3) Approval of Purchase of Street Light Units from Elcast Lighting for 2013 Safer Neighborhood Area Project (SNAP) Staff recommends City Council approval for the single source purchase of 147 Induction lighting units from Elcast Lighting (815 S. Kay Avenue, Addison, IL) in the amount of $58,845.57 for the Safer Neighborhood Area Project to increase wattage of the Tallmadge street lights from 85 watt to 165 watt on several designated blocks. Funding is provided by the CDBG Fund Account 5220.62795, which has $59,000 budgeted for Fiscal Year 2013. For Action (A4) Approval of Grant Agreement with Youth Organizations Umbrella (Y.O.U.) to Provide Subcontract Services for Outreach Program Staff recommends that City Council authorize the City Manager to execute a grant agreement between the City of Evanston and Youth Organizations Umbrella (Y.O.U.) (1027 Sherman Avenue, Evanston) to provide subcontract services for year two of the Street Outreach Program grant. This agreement shall begin October 1, 2013 and remain in effect until September 30, 2014 and shall be renewed annually upon notification of grant award. Grant funding was awarded to Y.O.U. by the U.S. Department of Health and Human Services, from which the City will receive $37,432 during the grant period. For Action 10/24/2013 10:17 AM 166 of 651 4 (A5) Approval of Free Holiday Parking in the City’s Three Downtown Self-Park Garages and Lot 60 Located at 1234 Chicago Avenue Staff recommends that the City Council consider approving free holiday parking in the City’s three Downtown Self-Park Garages and Lot 60 located at 1234 Chicago Avenue on weekdays between 5 p.m. and 12 midnight and all day on Saturday beginning Thursday, November 28, 2013 through Saturday, January 4, 2013. For Action (A6) Ordinance 78-0-13 Regarding Commercial Signs on Sidewalks Staff recommends City Council adoption of Ordinance 78-O-13 amending the City Code Section 7-2-6(E), “Commercial Signs on Sidewalks.” For Introduction (A7) Ordinance 92-O-13 Amending the City Code to Increase the Fines for Snow Emergency Parking Violations Staff recommends adoption of proposed ordinance 92-O-13 by which the City Council would amend Sub-section 10-11-17(C) of the City Code to increase the fines for snow emergency parking violations. Fines for snow emergency parking violations will increase from $40 to $55 to match those of a snow route parking ban and the snow relocation fine will increase from $105 to $150. For Introduction (A8) Ordinance 106-O-13 Amending Title 7 of the City Code Regarding Clearance of Snow and Ice from Sidewalks and Other Related Matters Staff recommends the adoption of the proposed ordinance 106-O-13 by which the City Council would amend Title Seven (7) of the City Code relating to clearance of snow and ice from sidewalks and other related matters in the City of Evanston. For Introduction (A9) Ordinance 110-O-13 Amending the City Code to Restrict Parking on Austin Street from Elmwood Avenue to Sherman Avenue Staff recommends adoption of proposed ordinance 110-O-13 by which the City Council would amend Section 10-11-8 (A), Schedule VIII (A) of the City Code to prohibit parking on the south side of Austin Street from Elmwood Avenue to Sherman Avenue. For Introduction (A10) Ordinance 108-O-13, Creating Liquor License Classification M Local Liquor Commissioner recommends adoption of Ordinance 108-O-13, which will create the new M liquor license classification to take effect on January 1, 2014. In Grape Company, the prospective licensee, indicated that the business would receive orders for wine and then provide delivery of wine to the customer at home. For Introduction 10/24/2013 10:17 AM 167 of 651 5 (A11) Ordinance 111-O-13, Amending City Code Title 4, Building Regulations, by Adopting the 2011-2012 Model Codes by Reference, with Certain Amendments Staff recommends adoption of Ordinance 111-O-13, which includes model codes that are nationally-recognized building regulations designed for the protection of the public health, safety and welfare. For Introduction (A12) Ordinance 114-O-13: 2013B General Obligation Bond Issue Staff recommends the City Council adopt Ordinance 114-O-13, for the issuance of $30.0 Million in General Obligation (G.O.) Bonds, to be used to refund the 2004/05 G.O. Bonds. This issuance will reduce the interest cost on this debt as well as reduce the outstanding bonds due and payable by the City resulting in an estimated debt service savings between $2.5 million and $3.75 million over the remaining life of these bonds For Introduction (A13) Ordinance 97-O-13, Sale of Surplus Vehicles and Equipment Staff recommends adoption of Ordinance 97-O-13 authorizing the City Manager to publicly offer for sale various vehicles and equipment owned by the city through public auction. The vehicles are presently out of service. This ordinance was introduced at the September 23, 2013 City Council meeting. For Action (A14) Ordinance 102-O-13, Decrease Class B Liquor License Due to Change in Ownership of Flat Top Grill, 707 Church Street Staff recommends City Council adoption of Ordinance 102-O-13. This ordinance was introduced at the September 23, 2013 City Council meeting. For Action (A15) Ordinance 103-O-13, Increase Class B Liquor License Due to Change in Ownership of Flat Top Grill, 707 Church Street Staff recommends City Council adoption of Ordinance 103-O-13. This ordinance was introduced at the September 23, 2013 City Council meeting. For Action (A16) Ordinance 90-O-13, Proposed Revisions to Title 3, Chapter 4 Liquor Control Regulations Staff recommends consideration of the comprehensive revision of the City Code concerning liquor regulations. The Mayor and Local Liquor Control Board recommend adoption following discussion conducted in March and April 2013. Following Committee direction on September 9, 2013, staff prepared a summary table of liquor classes within the proposed code amendment at section 3-4-6. In addition, the Committee held the Ordinance for further discussion. This ordinance was introduced at the September 23, 2013 City Council meeting. For Action 10/24/2013 10:17 AM 168 of 651 6 PLANNING AND DEVELOPMENT (P1) Ordinance 112-O-13, Granting Special Use for a Private Educational Institution at 622 Davis Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 112-O-13 granting a special use permit for the operation of a Private Educational Institution, Beacon Academy, a Montessori High School, at 622 Davis Street. For Introduction HUMAN SERVICES (H1) Approval of Township of Evanston September 2013 Bills Township of Evanston Supervisor recommends that City Council approve the Township of Evanston bills, payroll, and medical payments for the month of September 2013. Members of the Human Services Committee approved the September bills with the exception of the Sun-Times Media bill at $17,640, statement #0000196679. The total approved to be paid by Human Services Committee was $173,136.01 ($190,776.01 minus $17,640.00). For Action (H3) Approval of Agreement with James B. Moran Center for Certificate of Rehabilitation Pilot Program The Housing & Community Development Act Committee, Human Services Committee and City staff recommend that City Council authorize the City manager to execute an agreement between the City of Evanston and the James B. Moran Center for Youth Advocacy (1123 Emerson, Evanston) to provide legal services for not less than 15 Evanston residents to secure certificates of rehabilitation in an amount not to exceed $50,000. Funding is provided by a $50,000 allocation approved in the City’s 2013 Community Development Block Grant budget. For Action (H4) Approval of Recommendation for Noyes Cultural Arts Center Studio Assignments and Leases The Human Services Committee, Noyes Tenants Association (NTA) and City staff recommend that City Council authorize the City Manager to execute short- term leases at the Noyes Cultural Art Center (NCAC). For Action ECONOMIC DEVELOPMENT COMMITTEE (O1) Resolution 54-R-13 Authorizing Curt’s Café Job Training Grant Agreement 10/24/2013 10:17 AM 169 of 651 7 Staff and the Economic Development Committee recommend City Council approve Resolution 54-R-13 authorizing the City Manager to execute a grant agreement with Curt’s Café (2922 Central Street, Evanston) for $21,000 to provide training for a minimum of seven Evanston residents from the disconnected, unemployed, and/or formerly incarcerated young adult population. Funding is provided by The Economic Development Fund Business Attraction and Expansion Account (5300.62660). For Action (O2) Resolution 58-R-13, Authorizing Funding for Chapter 1, Evanston's Entrepreneurship Resource Center Staff supports a recommendation from the Economic Development Committee to the City Council to allocate $9,900 from the Economic Development Fund to the Evanston Public Library for FY2013 to support the creation of Chapter 1, a program-based entrepreneurship resource center at the Evanston Public Library. For Action APPOINTMENTS (APP1)For Appointment to: Arts Council Sergio de los Reyes Economic Development Committee Jeannemarie Sierant Housing and Homelessness Commission Heather Harker Housing and Homelessness Commission Geraldine Palmer M/W/EBE Dev. Committee William Smith, Jr. Parks and Recreation Board Jeffrey Brown Parks and Recreation Board John Bryan Sign Review & Appeals Board Paula Bodnar Schmitt Parks and Recreation Board Hector Garcia (APP2)For Reappointment to: Human Relations Commission Kenneth Rodgers Alderman Rainey motioned for approval of the Consent Agenda and it was 2nd. With a Roll Call vote of 9-0 the Consent Agenda was approved. Items for discussion: (A18) ORDINANCE 104-O-13, Amending City Code Title 3, Chapter 4 to Permit Issuance of a Class B Liquor License to Coffee House Holdings, Inc. (“Starbucks,” 1734 Sherman Avenue) 10/24/2013 10:17 AM 170 of 651 8 The Local Liquor Commissioner recommends adoption of Ordinance 104-O-13. For Introduction Alderman Rainey had previously asked to move approval as it was 2nd by Alderman Wilson. She stated the Rules were requested to be suspended during the reading of the Consent Agenda. This item was held over to the next regular meeting of the City Council (H2) Approval of Lakefront Use Special Events Policy The Park and Recreation Board recommend City Council’s consideration of approval for modifications to the special events policy for lakefront use as a 3 year pilot at which time City Council can extend or modify the policy. For Action Alderman Holmes motioned for approval and it was 2nd by Alderman Grover. This item was held over to the next regular Council Meeting as a request from an Alderman. (H5) Ordinance 80-O-13, Amending Title 3, Chapter 14 “Cigarettes and Tobacco Products” to add Restrictions for Use of Electronic Cigarettes and Liquid Nicotine The Human Services Committee and staff recommend that the City Council authorize adoption of Ordinance 80-O-13, Amending Title 3, Chapter 14 “Cigarettes and Tobacco Products” to add Restrictions for Use of Electronic Cigarettes and Liquid Nicotine. This ordinance was introduced at the September 23, 2013 City Council meeting. For Action Alderman Holmes motioned for approval and 2nd by Alderman Grover. This item was held over to the next regular Council Meeting as requested by staff. (H6) Ordinance 105-O-13, Binding Referendum for Dissolution of Evanston Township Staff submits for consideration Ordinance 105-O-13, calling for a binding referendum question to be submitted to the electors of Evanston Township to vote on whether to dissolve Evanston Township. This ordinance was introduced at the September 23, 2013 City Council meeting. For Action This item was held over until the Council receives from the City Manager an outline of the requested letter from the League of Women Voters. This motioned by Alderman Holmes and 2nd by Alderman Braithwaite. (O3) Resolution 49-O-13, Proposed Revisions to City Council Rules Rules Committee and staff recommend approval of proposed revisions to Council Rules, effective November 1, 2013. For Action Alderman Braithwaite motioned for approval and 2nd by Alderman Holmes. Alderman Rainey motioned to have the time set for P&D at 7:15 P.M. and it was 2nd by Alderman Wilson. A voice vote was unanimous. 10/24/2013 10:17 AM 171 of 651 9 Call of the Wards: Ward 3, Alderman Wynne offered condolences to Lang family. She announced a meeting at Lincoln School, Thursday at 7:00 P.M. Ward 4, Alderman Wilson announced a 4th ward meeting on November 6th at McGaw YMCA at 7 P.M. Ward 5, Alderman Holmes announced 5th ward meeting this Thursday at 7 P.M. at Fleetwood. She also congratulated the Mayor for receiving the flowers from Mrs. Reed. Ward 6, Alderman Tendam announced a 6th ward meeting on October 24th at 7 P.M. ta Three Crown Center, 1st floor community room. Ward 7, Alderman Grover announced meeting on Thursday, November 7th at 7:00 in the Ecology Center. Ward 8, Alderman Rainey congratulated the Mayor for receiving the flowers. Ward 9, Alderman Burrus had no report. Ward 1, Alderman Fiske Ward 2, Alderman Braithwaite congratulated the Mayor for her flowers and Alderman Rainey for her award from Saint Frances Hospital. He also mentioned the closing of Dominique’s and the second Thursday in November will be the 2nd ward meeting. Mayor Tisdahl announced that Alderman Rainey made a most dynamite speech in accepting the award and it was absolutely terrific. Alderman Wilson motioned to adjourn motioned the Council to adjourn into Executive Session to discuss Litigation, and Minutes. He also stated acting as the Township Board of Trustees to deal with Personnel. The motion was seconded by Alderman Rainey. A Roll Call vote was taken and the result was 9-0. The Regular Council Meeting ended at 9:26 P.M. Submitted by, Hon. Rodney Greene, MMC City Clerk of Evanston. 10/24/2013 10:17 AM 172 of 651 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, October 28, 2013 5:45 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Room 2404 AGENDA I. DECLARATION OF A QUORUM: ALDERMAN RAINEY, CHAIR II. APPROVAL OF MINUTES OF REGULAR MEETING OF October 14, 2013 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 10/06/13 $2,687,580.54 (A2) City of Evanston Bills FY2013 10/29/13 $5,087,942.15 For Action (A3) Approval of Professional Services Agreement with ESI Consultants, Ltd. for Phase I Preliminary Engineering Services for Emerson Street/Ridge Avenue/Green Bay Road Corridor Improvements (RFQ 13-12) Staff recommends approval of a professional services agreement for the Phase I Preliminary Engineering Services with ESI Consultants, Ltd., (1979 N. Mill Street, Suite 100, Naperville, IL) in the amount of $398,667 for the Emerson Street/Ridge Avenue/Green Bay Road Corridor Improvement Project. Funding is provided by the FY 2013 and FY 2014 CIP Fund (415942.65515) in the amount of $400,000. For Action (A4) Approval of Change Order No. 1 for Large Diameter Sewer Rehabilitation Phase I Staff recommends that the City Council authorize the City Manager to execute Change Order No. 1, to the agreement with Insituform Technologies USA, LLC. (17988 Edison Avenue, Chesterfield, MO) for the Large Diameter Sewer Rehabilitation Phase I project (RFP 12-152). The change order will reduce the contract amount by $172,808, from $2,989,228 to $2,816,420. For Action Rev. 10/25/2013 9:58:47 AM 173 of 651 (A5) Approval of Pre-qualification of Contractors for Cured-In-Place Pipe Rehabilitation of Sewer Mains (RFQ 13-60) Staff recommends approval of Hoerr Construction, Inc. (1601 W. Luthy Dr, Peoria, IL), Insituform Technologies, USA, Inc. (17988 Edison Ave., Chesterfield, MO), Kenny Construction Company (2215 Sanders Rd., Northbrook, IL), Michels Corporation (817 W. Main St., Brownsville, WI), Pipeline Solutions / American Pipe Liners, Inc. (P.O. Box 394, Highland Park, IL), SAK Construction, LLC. (864 Hoff Rd., O’Fallon MO), and Visu-Sewer, Inc. (W230 N4855 Betker Drive, Pewaukee, WI), as pre-qualified contractors to perform Cured-In-Place Pipe (CIPP) rehabilitation in the City’s sewer system for a three-year period (2014, 2015 and 2016). For Action (A6) Approval of Illinois Recycling Grant Application Staff recommends authorization for the City Manager to apply for an Illinois Recycling Grant through the Illinois Department of Commerce and Economic Opportunity (ILDECO) to fund the Multi-Family Residential Recycling Diversion program. The project will include the purchase of 20,000 recycling bags. The total cost of funding this project is estimated to be $55,000 of which $50,000 would be funded with Illinois Recycling Grant funds. The remaining $5,000 would be funded by the City of Evanston from the Solid Waste Fund. For Action (A7) Approval of School District 65 Rock Salt Agreement for 2013/2014 Staff recommends City Council authorize the City Manager to sign an agreement with Evanston School District 65 for the sale of rock salt in the amount of $66.67 per ton which includes a 10% administration and handling fee. For Action (A8) Approval of School District 202 Rock Salt Agreement for 2013/2014 Staff recommends City Council authorize the City Manager to sign an agreement with Evanston Township High School District 202 for the sale of rock salt in the amount of $66.67 per ton which includes a 10% administration and handling fee. For Action (A9) Resolution 60-R-13, Authorizing Motor Fuel Tax Funds for General Maintenance of Streets Staff recommends approval of Resolution 60-R-13 by which City Council would authorize the transfer $700,000 of Motor Fuel Tax Funds for general maintenance of streets by City forces. The fund transfer was approved as part of 2013 budget. For Action (A10) Ordinance 115-O-13, Increasing the Number of Class T Liquor Licenses Permitting Issuance to Peckish Pig, 623-627½ Howard Street., The Local Liquor Commissioner recommends adoption of Ordinance 115-O-13. For Introduction Rev. 10/25/2013 9:58:47 AM 174 of 651 Ordinances 116-O-13 and 117-O-13, Pertain to Changing Class D Liquor Licensee Due to Change in Ownership of Jilly’s Café, 2614 Green Bay Road (A11) Ordinance 116-O-13 Withdraws the Class D license Issued to the Previous Owner of Jilly’s Café, 2614 Green Bay Road (A12) Ordinance 117-O-13 Issues a Class D License to DN Marian, Inc., 2614 Green Bay Road Staff recommends City Council adoption of Ordinances 116-O-13 and 117-O-13. Suspension of the rules is requested by Alderman Grover for Introduction and Action on October 28, 2013. For Introduction and Action (A13) Ordinance 118-O-13, Increasing the Number of Class N Liquor Licenses for Issuance to Walgreens, 635 Chicago Avenue Staff requests consideration of Ordinance 118-O-13. For Introduction (A14) Ordinance 119-O-13, Amending City Code Subsection 3-4-6-(Y), Class Y Liquor Licenses, to Permit Limited Sale of Wine by the Glass The Local Liquor Commissioner recommends adoption of Ordinance 119-O-13. For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Rev. 10/25/2013 9:58:47 AM 175 of 651 Administration and Public Works Committee Meeting Minutes of October 14, 2013 City Council Chambers – 5:45 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: P. Braithwaite, J. Grover, D. Holmes, A. Rainey, C. Burrus STAFF PRESENT: M. Lyons, G. Farrar, R. Voss, W. Bobkiewicz, H. Pirooz, J. McRae, J. Maiworm, D. Stoneback STAFF ABSENT: S. Robinson, J. Calderon, J. Williams-Kinsel, A. Porta, B. Dieter, K. Cox, R. Dahal, H. Desai, L. Gergits, S. Levine, B. Dorneker, L. Jeschke, PRESIDING OFFICIAL: Ald. Rainey I. DECLARATION OF QUORUM A quorum being present, Ald. Holmes called the meeting to order at 5:49 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF SEPTEMBER 23, 2013. Ald. Grover moved to approve the minutes of the September 23, 2013 A&PW meeting as submitted, seconded by Ald. Braithwaite. The minutes of the September 23, 2013 meeting were approved unanimously 5- 0. III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 9/22/13 $2,730,806.44 (A2) City of Evanston Bills FY2013 10/15/13 $5,014,765.58 Credit Card Activity through August 31, 2013 $ 145,450.19 For Action Ald. Burrus moved to approve the City of Evanston Payroll (A1) through 9/22/13, seconded by Ald. Grover. The Committee voted 5-0 unanimously to approve the payroll. Ald. Burrus moved to approve the City of Evanston Bills (A2) through 10/15/13, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to approve the bills list. Ald. Grover commented on the Washington National TIF expenditure of $12,000 to change the World of Beer signage. She did not believe any other facade improvement funds ever exceeded $12,000 for any one business. Ald. Rainey pointed out that in the past there have been facade improvements upwards of $40,000. DRAFT – NOT APPROVED 176 of 651 Administration and Public Works Committee Meeting Minutes of 10-14-13 Page 2 of 7 Marty Lyons, Assistant City Manager/CFO, is looking at the PIN numbers on the refund for the Washington National TIF to determine which ward will receive funds. This is a lump sum distribution from the County. (A3) Approval of Purchase of Street Light Units from Elcast Lighting for 2013 Safer Neighborhood Area Project (SNAP) Staff recommends City Council approval for the single source purchase of 147 Induction lighting units from Elcast Lighting (815 S. Kay Avenue, Addison, IL) in the amount of $58,845.57 for the Safer Neighborhood Area Project to increase wattage of the Tallmadge street lights from 85 watt to 165 watt on several designated blocks. Funding is provided by the CDBG Fund Account 5220.62795, which has $59,000 budgeted for Fiscal Year 2013. For Action Ald. Burrus moved to recommend approval for the single source purchase of 147 Induction lighting units from Elcast Lighting (815 S. Kay Avenue, Addison, IL) in the amount of $58,845.57 for the Safer Neighborhood Area Project, seconded by Ald. Grover. Ald. Braithwaite inquired about the pathways of the light installation. Homayoon Pirooz, Assistant Director of Public Works, explained that the locations have not yet been determined. Ald. Rainey stated that the Evanston Police Department made recommendations about the pathways. She asked Mr. Pirooz if others can submit location recommendations as well. He responded yes. Ald. Rainey suggested asking residents how they feel about increasing their wattage from 85 watts to 165 watts. Ald. Grover asked about the timing of the project. Mr. Pirooz replied that once the order is placed, it will take a few months to receive the lights. Tom Twigg, Traffic Operations Manager, explained that with the workload of other City projects the lighting will be complete in mid 2014. The Committee voted unanimously 5-0 to recommend approval of the purchase. (A4) Approval of Grant Agreement with Youth Organizations Umbrella (Y.O.U.) to Provide Subcontract Services for Outreach Program Staff recommends that City Council authorize the City Manager to execute a grant agreement between the City of Evanston and Youth Organizations Umbrella (Y.O.U.) (1027 Sherman Avenue, Evanston) to provide subcontract services for year two of the Street Outreach Program grant. This agreement shall begin October 1, 2013 and remain in effect until September 30, 2014 and shall be renewed annually upon notification of grant award. Grant funding was awarded to Y.O.U. by the U.S. Department of Health and Human Services, from which the City will receive $37,432 during the grant period. For Action Ald. Grover moved to recommend that City Council authorize the City Manager to execute a grant agreement between the City of Evanston and Youth Organizations Umbrella (Y.O.U.) (1027 Sherman Avenue, Evanston) to provide 177 of 651 Administration and Public Works Committee Meeting Minutes of 10-14-13 Page 3 of 7 subcontract services for year two of the Street Outreach Program grant, seconded by Alderman Holmes. The Committee voted unanimously 5-0 to recommend approval to execute the grant agreement. (A5) Approval of Free Holiday Parking in the City’s Three Downtown Self-Park Garages and Lot 60 Located at 1234 Chicago Avenue Staff recommends that the City Council consider approving free holiday parking in the City’s three Downtown Self-Park Garages and Lot 60 located at 1234 Chicago Avenue on weekdays between 5 p.m. and 12 midnight and all day on Saturday beginning Thursday, November 28, 2013 through Saturday, January 4, 2014. For Action Ald. Holmes moved to recommend that the City Council consider approving free holiday parking in the City’s three Downtown Self-Park Garages and Lot 60, seconded by Ald. Grover. Ald. Rainey clarified that Lot 60 is just north of Dempster across from Union. She suggested blasting this information to residents. The Committee voted unanimously 5-0 to recommend approval of free holiday parking. (A6) Ordinance 78-O-13 Regarding Commercial Signs on Sidewalks Staff recommends City Council adoption of Ordinance 78-O-13 amending the City Code Section 7-2-6(E), “Commercial Signs on Sidewalks.” For Introduction Ald. Braithwaite moved to recommend City Council adoption of Ordinance 78- O-13, seconded by Ald. Holmes. Ald. Rainey asked if there is a specific reason for this recommendation. Mr. Pirooz stated that there was an issue a few months ago with a car wash on Dempster. The business needed to place a sign near an alley that directed customers to the entrance in the back of the property because the front sign was visible enough from the roadway. The Committee voted unanimously 5-0 to recommend adoption of Ordinance 78-O-13. (A7) Ordinance 92-O-13 Amending the City Code to Increase the Fines for Snow Emergency Parking Violations Staff recommends adoption of proposed ordinance 92-O-13 by which the City Council would amend Sub-section 10-11-17(C) of the City Code to increase the fines for snow emergency parking violations. Fines for snow emergency parking violations will increase from $40 to $55 to match those of a snow route parking ban and the snow relocation fine will increase from $105 to $150. For Introduction 178 of 651 Administration and Public Works Committee Meeting Minutes of 10-14-13 Page 4 of 7 Ald. Burrus moved to recommend adoption of proposed Ordinance 92-O-13, seconded by Ald. Holmes. Ald. Burrus is opposed to both fine increases. The increases will be an undue hardship for seniors and disabled who are unable to move their vehicles to prevent tickets. She does not believe that increasing the fines will make people compliant. At Ald. Braithwaite’s request, Jim Maiworm, Assistant Director of Public Works – Operations and Maintenance, explained the reason for the fine increase is to cover the City’s cost of towing and relocating vehicles of non-compliant residents. Currently, the costs are being subsidized with taxpayer dollars. Mr. Maiworm will continue to use every available source of technology, including social media and text messaging as a means to notify residents during snow emergencies. During the last snow emergency, the City Manager suggested opening public garages as parking opportunities. Mr. Maiworm will work to continue to improve communication to residents during snow emergencies about accessible parking garages. Ald. Burrus stated that communications should go out whenever there is a need to get vehicles off the street, not just in emergencies. Many residents do not have driveways or garages to move their vehicles. She is also concerned about residents with children that must park long distances from their homes. Ald. Holmes suggested using school parking lots during snow emergencies, utilizing the sirens and loudspeakers and asking for citizen input. Ald. Rainey feels there is a lack of consistency in enforcement and chronic abusers take advantage. She also mentioned instances of compliant residents receiving tickets for moving their cars back early after the streets are cleared. Ald. Holmes believes the City should always enforce the snow emergency signs. Wally Bobkiewicz, City Manager, acknowledged great improvement in overall snow removal and parking enforcement over the past few years. At the end of last winter there were still complaints that the City was not doing enough. Staff presented these options to address past discussions of this issue. He offered to keep this issue in Committee through this winter season and report back in the Spring. Ald. Rainey asked if residents know that certain parking lots are available after hours. City Manager Bobkiewicz replied that residents were notified in the past that snow emergency parking is available various lots around the City. In some extreme emergencies, parking was made available by Districts 202 and 65. He also agreed with Ald. Burrus to communicate the availability now in preparation for the winter months. Ald. Grover asked if text and email alerts are also available for snow emergencies like they are for street cleaning. City Manager Bobkiewicz encouraged residents to continue to take advantage of the various notification mechanisms from the City. He explained that more than 4,000 residents are signed up to receive text and e-mail 179 of 651 Administration and Public Works Committee Meeting Minutes of 10-14-13 Page 5 of 7 alerts about street cleaning, but there is a separate box they must check to receive alerts about snow emergencies. Ald. Holmes proposed moving forward in order to cover City costs. Ald. Rainey held a roll call vote: Ald. Burrus – No, Ald. Grover – Yes, Ald. Holmes – Yes, Ald. Braithwaite – Yes, Ald. Rainey – Yes. The Committee voted 4-1, with Ald. Burrus opposed to adopting proposed Ordinance 92-O-13. (A8) Ordinance 106-O-13 Amending Title 7 of the City Code Regarding Clearance of Snow and Ice from Sidewalks and Other Related Matters Staff recommends the adoption of the proposed ordinance 106-O-13 by which the City Council would amend Title Seven (7) of the City Code relating to clearance of snow and ice from sidewalks and other related matters in the City of Evanston. For Introduction Ald. Grover moved to recommend adoption of Ordinance 106-O-13, seconded by Ald. Holmes. Ald. Rainey suggested the Chamber and neighborhood business groups inform businesses that they are required to shovel their snow or risk being fined. Ald. Burrus stressed the importance of the volunteer programs for seniors and disabled residents that are unable to shovel their walks. She does not feel it is fair to penalize those that cannot comply. Ald. Rainey stated if a senior or disabled resident receives a ticket for not shoveling their property they should call the City. Consideration will be given to their circumstances. The issue is with residents that are able to clear their property and are willfully non-compliant. Ald. Grover said that she found Staff to be very helpful. She mentioned an instance during a blizzard when the Fire Department helped dig her out. Ald. Holmes pointed out the positive feedback she has received regarding the snow shoveling for seniors volunteer program headed by Audrey Thompson. The Committee voted 4-1, with Ald. Burrus opposed to adoption of Ordinance 106-O-13. (A9) Ordinance 110-O-13 Amending the City Code to Restrict Parking on Austin Street from Elmwood Avenue to Sherman Avenue Staff recommends adoption of proposed ordinance 110-O-13 by which the City Council would amend Section 10-11-8 (A), Schedule VIII (A) of the City Code to prohibit parking on the south side of Austin Street from Elmwood Avenue to Sherman Avenue. For Introduction Ald. Holmes moved to approve City Council adoption of Ordinance 110-O-13, seconded by Ald. Grover. 180 of 651 Administration and Public Works Committee Meeting Minutes of 10-14-13 Page 6 of 7 After discussion, the Committee voted unanimously 5-0 to adopt Ordinance 110-O-13. (A10) Ordinance 108-O-13, Creating Liquor License Classification M Local Liquor Commissioner recommends adoption of Ordinance 108-O-13, which will create the new M liquor license classification to take effect on January 1, 2014. In Grape Company, the prospective licensee, indicated that the business would receive orders for wine and then provide delivery of wine to the customer at home. For Introduction Ald. Braithwaite moved to approve City Council adoption of Ordinance 108-O- 13, seconded by Ald. Grover. At Ald. Rainey’s request, Kevin Ball, Owner of In Grape Co., spoke in support of its application for a Class M liquor license. Mr. Ball summarized the business concept: Sales will take place at the Evanston office space, located at 828 Davis Street, Lower Level, but the marketing and events would take place in the homes of customers. Guests at in-home events can express interest in purchasing wine, but the actual wine orders would get processed on-premise through the Evanston store. Purchases would get delivered by the operator from the store to the purchaser. Kevin Ball (Owner) clarified that all events taking place in a customer’s home will take place after the purchase of wine from his store. Any subsequent wine-tasting events will involve wine that was pre-purchased by the host. If others in attendance at the event are interested in purchasing any of the wines, they will have to place an order at a later date through a store transaction. There will be no transactions during events. Mr. Ball explained that In Grape’s website is still being built. Projected sales for the company is $80-$100,000 in the first year. The purpose of In Grape is the opportunity to purchase wine in an educated way. After discussion, the Committee voted unanimously 5-0 to adopt Ordinance 108-O-13. (A11) Ordinance 111-O-13, Amending City Code Title 4, Building Regulations, by Adopting the 2011-2012 Model Codes by Reference, with Certain Amendments Staff recommends adoption of Ordinance 111-O-13, which includes model codes that are nationally-recognized building regulations designed for the protection of the public health, safety and welfare. For Introduction Ald. Burrus moved to approve City Council adoption of Ordinance 111-O-13, seconded by Ald. Grover. After discussion, the Committee voted unanimously 5-0 to adopt Ordinance 111-O-13. (A12) Ordinance 114-O-13: 2013B General Obligation Bond Issue Staff recommends the City Council adopt Ordinance 114-O-13, for the issuance of $30.0 Million in General Obligation (G.O.) Bonds, to be used to refund the 2004/05 181 of 651 Administration and Public Works Committee Meeting Minutes of 10-14-13 Page 7 of 7 G.O. Bonds. This issuance will reduce the interest cost on this debt as well as reduce the outstanding bonds due and payable by the City resulting in an estimated debt service savings between $2.5 million and $3.75 million over the remaining life of these bonds. For Introduction Ald. Grover moved to approve City Council adoption of Ordinance 114-O-13, seconded by Ald. Burrus. After discussion, the Committee voted unanimously 5-0 to adopt Ordinance 114-O-13. (A17) Ordinance 101-O-13, Decreasing the Number of Class C Liquor Licenses due to the lapse in license for Pensiero Ristorante (1566 Oak Avenue) The Local Liquor Commissioner recommends adoption of Ordinance 101-O-13. For Introduction Ald. Grover moved to approve City Council adoption of Ordinance 101-O-13, seconded by Ald. Burrus. After discussion, the Committee voted unanimously 5-0 to adopt Ordinance 101-O-13. (A18) Ordinance 104-O-13, Amending City Code Title 3, Chapter 4 to Permit Issuance of a Class B Liquor License to Coffee House Holdings, Inc. (“Starbucks,” 1734 Sherman Avenue) The Local Liquor Commissioner recommends adoption of Ordinance 104-O-13. For Introduction Ald. Grover moved to approve City Council adoption of Ordinance 104-O-13, seconded by Ald. Burrus. After discussion, the Committee voted unanimously 5-0 to adopt Ordinance 104-O-13. IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS The next A & PW meeting will begin at 6p.m. VI. ADJOURNMENT Ald. Rainey moved to adjourn, seconded by Ald. Grover. The Committee voted unanimously 5-0 to adjourn. The meeting was adjourned at 6:34 p.m. Respectfully submitted, Janella Hardin 182 of 651 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Shannon Sheriff, Interim Accounts Payable Coordinator Subject: City of Evanston Payroll and Bills Date: October 24, 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 – September 23, 2013 through October 6, 2013 $2,687,580.54 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – October 29, 2013 $5,087,942.15 General Fund Amount – Bills list $467,031.68 General Fund Amount – Advanced * $ 43,882.13 General Fund Amount – Supplemental list $ 0.00 General Fund Total: $510,913.81 *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 October 28, 2013 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 183 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING 00100 GENERAL ACCOUNT 100 GENERAL FUND ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 100.22735 TREASURER OF THE STATE OF IL UNCLAIMED PROPERTY 6/30/2013 8,536.74 100.21650 NATIONAL GUARDIAN LIFE INSURANCE MONTHLY INVOICE 339.39 100.22725 VERIZON WIRELESS (25505)COMMUNICATION CHARGES 530.49 9,406.62 1300 CITY COUNCIL 1300.62285 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 104.98 1300.62360 GREAT LAKES AND ST. LAWRENCE MEMBERSHIP DUES FOR 2013 4,000.00 1300.62360 NATIONAL LEAGUE OF CITIES MEMBERSHIP DUES FOR 2014 5,952.00 10,056.98 1400 CITY CLERK 1400.65095 RYDIN SIGN & DECAL TEMPORARY HCHT 254.78 254.78 1505 CITY MANAGER 1505.65095 OFFICE DEPOT OFFICE SUPPLIES FY13 12.99 1505.65095 OFFICE DEPOT OFFICE SUPPLIES FY13 42.79 1505.65095 OFFICE DEPOT OFFICE SUPPLIES FY13 10.46 1505.64540 AT & T 8100 COMMUNICATION CHARGES 154.80 1505.62280 FEDERAL EXPRESS CORP.SHIPPING CHARGES 52.94 1505.62295 HILTON GARDEN INN CONSULTANT-COUNCIL GOAL 315.54 1505.62210 QUARTET COPIES UNITED WAY FLYERS 127.50 1505.62295 BOBKIEWICZ, WALTER *ICMA CONFERENCE 9/21-9/24 1,978.41 1505.62295 MCRAE, JOSEPH ICMA CONFERENCE 9/22-9/25 166.80 1505.62509 GOV TEMPS USA, LLC MWEBE COMPLIANCE OFFICER 1,260.00 1505.62509 GOV TEMPS USA, LLC MWEBE COMPLIANCE OFFICER 1,260.00 5,382.23 1510 CITIZEN ENGAGEMENT 1510.52181 AVI SYSTEMS, INC.CAMERAS COUNCIL CHAMBERS 19,911.66 1510.52181 AVI SYSTEMS, INC.PEG EQUIPMENT FUND 73,303.00 1510.62205 EVANSTON ROUND TABLE LLC AD-THIS WEEKEND EVANSTON 990.00 1510.62665 EVANSTON COMMUNITY TV EXTRA ECTV SERVICES 1,750.00 95,954.66 1570 EVANSTON150 OPERATING 1570.62210 ON TRACK FULFILLMENT INC.4TH OF JULY POST CARDS 1,680.00 1570.62210 QUARTET COPIES POSTERS 225.00 1,905.00 1705 LEGAL ADMINISTRATION 1705.62130 OFFICE CONCEPTS, INC.SUPPLY & INSTALL FURNITURE 7,087.78 1705.52570 KREMIN, JOHN COMPLIANCE TIX-PAID TWICE 35.00 1705.65010 LAW BULLETIN PUBLISHING COMPANY SULLIVAN'S STANDARD EDITION 172.22 1705.65010 WEST GROUP PAYMENT CTR MONTHLY CHARGES 86.00 1705.65010 WEST GROUP PAYMENT CTR INFORMATION CHARGES 769.23 1705.62345 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 17.82 8,168.05 1905 ADM.SERVICES- GENERAL SUPPORT 1 *ADVANCED PAYMENTS184 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 1905.62185 ACCOUNTEMPS COLLECTION COORDINATOR 1,200.00 1905.62185 ACCOUNTEMPS COLLECTION COORDINATOR 1,200.00 1905.62310 WELLNESS REVOLUTION TRAINING-EMPLOYEE 900.00 1905.62185 ACCOUNTEMPS COLLECTION COORDINATOR 1,200.00 1905.62185 OFFICE TEAM ADMINISTRATIVE ASSISTANT 1,155.00 5,655.00 1910 FINANCE DIVISION - REVENUE 1910.62655 MAILFINANCE INC.POSTAGE-LEASE AGREEMENT 1,125.00 1910.62431 GARDA CL GREAT LAKES, INC.MONTHLY INVOICE 2,315.88 1910.51620 CARBY-KING REALTY - ATTN: PAUL RETT STAMP-DID NOT CLOSE 350.00 1910.64541 AZAVAR TECHNOLOGIES UTILITY TAX AUDITS 51.92 3,842.80 1920 FINANCE DIVISION - ACCOUNTING 1920.62185 ACCOUNTEMPS ACCOUNTING SERVICES 949.75 1920.62185 ACCOUNTEMPS ACCOUNTING SERVICES 696.00 1920.62185 ACCOUNTEMPS ACCOUNTS PAYABLE COORDINATOR 1,312.50 1920.62185 ACCOUNTEMPS ACCOUNTS PAYABLE COORDINATOR 1,312.50 1920.62185 ACCOUNTEMPS ACCOUNTS PAYABLE COORDINATOR 1,260.00 1920.62280 FEDERAL EXPRESS CORP.SHIPPING CHARGES 50.04 5,580.79 1925 FINANCE DIVISION - PURCHASING 1925.62185 ACCOUNTEMPS PURCHASING SPECIALIST 215.69 1925.62185 ACCOUNTEMPS PURCHASING SPECIALIST 1,052.56 1,268.25 1929 HUMAN RESOURCE DIVISION 1929.62274 I/O SOLUTIONS, INC TESTING-POLICE 1,500.00 1929.62160 IL STATE POLICE EMPLOYMENT-BACKGROUND CHECK 31.50 1929.62160 CONRAD POLYGRAPH, INC PRE-EMPLOYMENT TESTS-POLICE 1,440.00 1929.62274 TRANS UNION CORP EMPLOYMENT-BACKGROUND CHECKS 258.36 1929.62270 NORTH SHORE UNIVERSITY HEALTH PRE-EMP PHYSICALS 920000026 13,010.00 1929.65095 PLASTIC CARD SOLUTIONS, INC.ID PRINTER 2,114.58 18,354.44 1932 INFORMATION TECHNOLOGY DIVI. 1932.64540 VERIZON WIRELESS (25505)COMMUNICATION CHARGES 6,675.91 1932.62380 CHICAGO OFFICE TECHNOLOGY GROUP TONER 2,644.95 1932.62380 CHICAGO OFFICE TECHNOLOGY GROUP TONER 2,855.27 1932.62380 CHICAGO OFFICE TECHNOLOGY GROUP TONER 2,711.31 1932.62380 CHICAGO OFFICE TECHNOLOGY GROUP RICOH STAPLES REFILL 230.00 1932.62380 CHICAGO OFFICE TECHNOLOGY GROUP RICOH STAPLES REFILL 108.00 1932.62380 CHICAGO OFFICE TECHNOLOGY GROUP TONER 55.00 1932.65095 OFFICE DEPOT OFFICE SUPPLIES 864.38 1932.64505 AT & T 8100 COMMUNICATION CHARGES 73.98 1932.65095 OFFICE DEPOT OFFICE SUPPLIES 558.12 1932.65095 OFFICE DEPOT OFFICE SUPPLIES 96.79 1932.65095 OFFICE DEPOT OFFICE SUPPLIES 413.22 1932.65095 OFFICE DEPOT OFFICE SUPPLIES 216.78 1932.65095 OFFICE DEPOT OFFICE SUPPLIES 263.32 17,767.03 2 *ADVANCED PAYMENTS185 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 1941 PARKING ENFORCEMENT & TICKETS 1941.52505 AMERICAN TRAFFIC SOLUTIONS REFUND DUP PYMNT 700500735 30.00 1941.52505 AMERICAN TRAFFIC SOLUTIONS REFUND OVERPYMNT 700504973 30.00 1941.52505 PALKINGTON, NORA REFUND DUP PYMNT 700523076 30.00 1941.52505 RANDALL, REBECCA REFUND-DUP PYMNT 700509342 15.00 1941.62451 NORTH SHORE TOWING IMMOBILIZATION PROGRAM 1,010.00 1941.64005 COMED MONTHLY INVOICE 88.86 1941.62451 TREWARTHA, MATT TOW REFUND 225.00 1941.65625 MOTOROLA, INC.RADIO SAFETY SPEAKER MICS 207.00 1941.64540 NEXTEL COMMUNICATION CHARGES 421.78 2,057.64 1999 FINANCIAL & HR SYSTEM 1999.65570 SCHAFER CONSULTING CONSULTING-NEW WORLD SETUP 6,000.00 1999.65570 SCHAFER CONSULTING CONSULTING-NEW WORLD SETUP 8,250.00 1999.65570 SCHAFER CONSULTING TRAVEL-NEW WORLD SETUP 862.35 15,112.35 2101 COMMUNITY DEVELOPMENT ADMIN 2101.65095 OFFICE DEPOT 2013 PO OFFICE SUPPLIES 51.87 51.87 2105 PLANNING & ZONING 2105.62285 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 40.82 40.82 2120 HOUSING REHABILITATION 2120.65095 OFFICE DEPOT 2013 PO OFFICE SUPPLIES 67.37 2120.64540 NEXTEL COMMUNICATION CHARGES 121.76 189.13 2126 BUILDING INSPECTION SERVICES 2126.62464 LAMBERG, BRIAN K ELECTRICAL INSPECTIONS 250.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION SERVICE 160.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION SERVICE 80.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION SERVICE 375.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION SERVICE 50.00 2126.62464 LAMBERG, BRIAN K ELECTRICAL INSPECTIONS 587.50 2126.62360 SONN, HYUNGSIG ICC EXAM FEE 180.00 2126.62645 MICROSYSTEMS INC.SCANNED PERMIT DRAWINGS 3,628.50 2126.64540 NEXTEL COMMUNICATION CHARGES 159.55 2126.62464 LAMBERG, BRIAN K ELECTRICAL INSPECTIONS 200.00 5,670.55 2205 POLICE ADMINISTRATION 2205.62210 ON TRACK FULFILLMENT INC.POLICE CARDS 175.00 2205.65125 OFFICE CONCEPTS, INC.SUPPLY AND INSTALL FURNITURE 2,980.32 2205.62375 WEST GROUP PAYMENT CTR WEST INFORMATION CHARGES 144.32 2205.62360 NORTHERN ILLINOIS POLICE ALARM LANGUAGE LINE 122.10 2205.62360 RING, MARIANNE CONTRACTOR 986.00 2205.62360 RING, MARIANNE CONTRACTOR 1,054.00 2205.65125 EVANSTON FUNERAL & CREMATION REMOVALS 1,242.00 2205.64005 COMED UTILITIES 166.04 6,869.78 3 *ADVANCED PAYMENTS186 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2210 PATROL OPERATIONS 2210.65020 VCG UNIFORM UNIFORMS 360.50 2210.65020 VCG UNIFORM UNIFORMS 460.35 2210.65020 VCG UNIFORM UNIFORMS 397.45 2210.65020 J. G. UNIFORMS, INC UNIFORMS 830.00 2210.65020 J. G. UNIFORMS, INC UNIFORMS 867.00 2210.65020 J. G. UNIFORMS, INC UNIFORMS 810.00 2210.65020 J. G. UNIFORMS, INC UNIFORMS 293.06 2210.65020 J. G. UNIFORMS, INC UNIFORMS 743.00 2210.65020 VCG UNIFORM UNIFORMS 460.35 5,221.71 2215 CRIMINAL INVESTIGATION 2215.65105 JP MORGAN ASSET MANAGEMENT GRAND JURY SUBPOENA-13-20408 124.77 124.77 2240 POLICE RECORDS 2240.65095 ILLINOIS PAPER COMPANY PAPER FY2013 1,404.00 2240.65095 FEDERAL EXPRESS CORP.SHIPPING CHARGES 13.15 2240.65095 MSF GRAPHICS, INC.911 & 311 CARDS 326.10 2240.65095 MSF GRAPHICS, INC.PRINTING 178.90 2240.62275 FEDERAL EXPRESS CORP.SHIPPING CHARGES 6.83 1,928.98 2245 COMMUNICATIONS 2245.64540 NEXTEL COMMUNICATION CHARGES 2,507.93 2,507.93 2250 SERVICE DESK 2250.65125 LAUNDRY WORLD BLANKETS 182.00 2250.62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTION SERVICE 176.00 2250.65040 JOHNSON LOCKSMITH, INC.SINGLE SIDED 5 PIN KEY 4.90 2250.65040 JOHNSON LOCKSMITH, INC.SINGLE SIDED 5 PIN KEY 4.90 367.80 2251 311 CENTER 2251.64505 AT & T MOBILITY COMMUNICATION CHARGES 36.18 2251.64540 VERIZON WIRELESS (25505)COMMUNICATION CHARGES 152.04 188.22 2255 OFFICE-PROFESSIONAL STANDARDS 2255.61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 27.30 27.30 2260 OFFICE OF ADMINISTRATION 2260.62295 NORTHERN ILLINOIS POLICE ALARM FIREARM TRAINING 526.95 2260.62295 NORTH EAST MULTI-REGIONAL TRAINING ANNUAL MEMBERSHIP 1,250.00 2260.65015 KIESLER POLICE SUPPLY, INC.SPEER LAWMAN 9MM 115 GR FMJ 11,834.55 2260.62295 THOMPSON, AARON, PH.D.*TRAINING-COMMUNITY RELATIONS 5,200.00 2260.62295 SPARTAN TACTICAL TRAINING GROUP HANDGUN FIGHTING COMBATIVES 590.00 2260.62295 EVANSTON ATHLETIC CLUB MONTHLY CHARGES-AUGUST 2013 406.10 2260.62295 NORTHERN ILLINOIS POLICE ALARM UNIFORMS 526.95 2260.62295 NORTH EAST MULTI-REGIONAL TRAINING CANINE COURSE #5 375.00 2260.62295 NORTH EAST MULTI-REGIONAL TRAINING ATTITUDE 101-WHEELING POLICE 200.00 4 *ADVANCED PAYMENTS187 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2260.62295 EVANSTON ATHLETIC CLUB MONTHLY CHARGES-JULY 2013 426.00 21,335.55 2270 TRAFFIC BUREAU 2270.65125 NORTH SHORE TOWING TOW & HOOK 120.00 120.00 2280 ANIMAL CONTROL 2280.65125 PETSMART KITTY LITTER-SHELTER 79.90 2280.65125 HILLS PET NUTRITION PET FOOD-SHELTER 447.05 2280.65125 HILLS PET NUTRITION PET FOOD-SHELTER 408.94 2280.62225 ANDERSON PEST CONTROL PEST CONTROL 52.76 988.65 2305 FIRE MGT & SUPPORT 2305.65020 UNIFORMITY, INC.UNIFORMS 54.90 2305.65020 UNIFORMITY, INC.UNIFORMS 139.80 2305.65020 UNIFORMITY, INC.UNIFORMS 187.65 2305.65020 UNIFORMITY, INC.UNIFORMS 91.80 2305.65020 UNIFORMITY, INC.UNIFORMS 45.90 2305.65020 UNIFORMITY, INC.UNIFORMS 181.75 2305.65020 UNIFORMITY, INC.UNIFORMS 168.80 2305.65020 UNIFORMITY, INC.UNIFORMS 174.65 2305.65020 UNIFORMITY, INC.UNIFORMS 95.95 2305.65020 UNIFORMITY, INC.UNIFORMS 3.95 2305.65020 UNIFORMITY, INC.UNIFORMS 87.85 2305.65020 UNIFORMITY, INC.UNIFORMS 89.95 2305.65020 UNIFORMITY, INC.UNIFORMS 95.95 2305.65020 UNIFORMITY, INC.UNIFORMS 65.80 2305.64540 NEXTEL COMMUNICATION CHARGES 461.95 2305.65020 UNIFORMITY, INC.UNIFORMS 83.90 2305.65020 UNIFORMITY, INC.UNIFORMS 49.90 2305.65020 AIR ONE EQUIPMENT POWER BOOT 334.00 2305.65020 AIR ONE EQUIPMENT UNIFORMS 464.00 2305.65020 EVANSTON IMPRINTABLES,INC.UNIFORMS 1,192.50 2305.65020 EVANSTON IMPRINTABLES,INC.UNIFORMS 1,105.20 2305.65020 EVANSTON IMPRINTABLES,INC.UNIFORMS 790.00 2305.62315 FEDERAL EXPRESS CORP.SHIPPING CHARGES 31.59 2305.65050 HASTINGS AIR-ENERGY CONTROL POS PRESSURE SENSOR 197.95 2305.62518 THYSSENKRUPP ELEVATOR ELEVATOR SERVICE 586.79 2305.65020 UNIFORMITY, INC.UNIFORMS 43.95 2305.65020 UNIFORMITY, INC.UNIFORMS 45.60 2305.65020 UNIFORMITY, INC.UNIFORMS 156.95 7,028.98 2310 FIRE PREVENTION 2310.65095 OFFICE EXPRESS ALARM BILLING ENVELOPES 370.00 2310.62210 NFPA FIRE PREVENTION WEEK 209.06 579.06 2315 FIRE SUPPRESSION 2315.62295 UNIVERSITY OF ILLINOIS FIREFIGHTER TRAINING 300.00 2315.62295 VILLAGE OF ARLINGTON HEIGHTS FIREFIGHTER TRAINING 500.00 5 *ADVANCED PAYMENTS188 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2315.62295 WIRFS INDUSTRIES INC.DEPARTMENT TRUCK TRAINING 1,575.00 2315.65625 RESCUE TECH 1.COM LIFE SAFTEY ROPE 891.60 2315.65040 LAPORT INC JANITORIAL SUPPLIES 161.51 2315.62295 METROPOLITAN FIRE CHIEFS TRAINING CLASS 75.00 2315.62521 PHYSIO-CONTROL, INC.LIFE PAK SERVICE 1,026.00 2315.65625 PHYSIO-CONTROL, INC.LEAD ECG SIMULATOR 685.60 2315.65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 388.49 2315.53675 ANDRES MEDICAL BILLING MONTHLY CHARGES-AMBULANCE 3,909.87 2315.62295 CITY OF ELMHURST FIREFIGHTER TRAINING 75.00 2315.62295 ILLINOIS FIRE INSPECTORS TRAINING 150.00 2315.65095 OFFICE DEPOT OFFICE SUPPLIES 127.49 2315.65095 OFFICE DEPOT OFFICE SUPPLIES 306.49 2315.65095 OFFICE DEPOT OFFICE SUPPLIES 282.27 2315.65095 OFFICE DEPOT OFFICE SUPPLIES 10.49 2315.65095 OFFICE DEPOT OFFICE SUPPLIES 50.23 10,515.04 2435 FOOD AND ENVIRONMENTAL HEALTH 2435.64540 VERIZON WIRELESS (25505)COMMUNICATION CHARGES 142.93 2435.62471 ADAPCO, INC.RAMP READER 1,125.00 2435.62477 NEXTEL COMMUNICATION CHARGES 60.88 2435.62605 ROSE PEST SOLUTIONS PEST SERVICES 14,000.00 2435.62468 FEDEX KINKO'S - CAS 200 COPIES 305.00 2435.64540 NEXTEL COMMUNICATION CHARGES 213.52 2435.62477 VERIZON WIRELESS (25505)COMMUNICATION CHARGES 115.64 15,962.97 2440 VITAL RECORDS 2440.53220 ILLINOIS DEPT. OF PUBLIC RECORDS DEATH CERTIFICATE-#16.23 1,224.00 2440.62210 MSF GRAPHICS, INC.COE BIRTH CERTIFICATES 988.00 2,212.00 2455 COMM.HEALTH PROG.ADMINSTRATION 2455.62490 EVANSTON TOWNSHIP HIGH SCHOOL ETHS BIRTH CONTROL ORDER 773.20 773.20 2460 COMMUNITY PURCHASED SERVICES 2460.62490 PRESENCE BEHAVIORAL HEALTH *MENTAL HEALTH CRISIS SERVICE 18,333.36 2460.62490 PRESENCE BEHAVIORAL HEALTH *MENTAL HEALTH CRISIS SERVICE 18,333.36 36,666.72 2605 DIRECTOR OF PUBLIC WORKS 2605.64540 VERIZON WIRELESS (25505)COMMUNICATION CHARGES 152.04 2605.64540 NEXTEL COMMUNICATION CHARGES 57.53 209.57 2610 MUNICIPAL SERVICE CENTER 2610.64005 COMED UTILITIES 122.01 2610.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 65.95 2610.62225 SMITHEREEN PEST MANAGEMENT PEST SERVICES 93.00 280.96 2630 TRAFFIC ENGINEERING 2630.65095 OFFICE DEPOT FY2013 OFFICE SUPPLIES 124.04 6 *ADVANCED PAYMENTS189 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2630.65095 OFFICE DEPOT FY2013 OFFICE SUPPLIES 206.55 2630.62210 FEDERAL EXPRESS CORP.SHIPPING CHARGES 16.56 347.15 2640 TRAF. SIG. & ST. LIGHT. MAINT 2640.64008 COMED UTILITIES 30.65 2640.64006 COMED UTILITIES 231.87 2640.64007 COMED UTILITIES 38.68 2640.64007 COMED UTILITIES 6,269.85 2640.64006 COMED UTILITIES 28.95 2640.64006 COMED UTILITIES 27.18 2640.64008 COMED UTILITIES 26.44 2640.64006 COMED UTILITIES 28,373.34 2640.64008 COMED UTILITIES 84.67 2640.64006 COMED UTILITIES 528.00 2640.64006 COMED UTILITIES 481.88 2640.64007 COMED UTILITIES 35.42 36,156.93 2665 OPERATIONS & MAINT. ADMIN. 2665.64540 VERIZON WIRELESS (25505)COMMUNICATION CHARGES 1,520.40 2665.64540 NEXTEL COMMUNICATION CHARGES 1,429.17 2,949.57 2670 STREET AND ALLEY MAINTENANCE 2670.65625 WASTE MANAGEMENT PORTA POTTY 700.00 2670.65055 HEALY ASPHALT FY2013 ASPHALT PURCHASE 983.48 2670.65055 HEALY ASPHALT FY2013 ASPHALT PURCHASE 613.60 2670.65055 HEALY ASPHALT FY2013 ASPHALT PURCHASE 713.48 2670.65055 HEALY ASPHALT FY2013 ASPHALT PURCHASE 664.08 2670.65055 HEALY ASPHALT FY2013 ASPHALT PURCHASE 315.64 2670.65055 OZINGA CHICAGO RMC, INC.FY2013 CONCRETE PURCHASE 673.00 2670.65055 HEALY ASPHALT FY2013 ASPHALT PURCHASE 469.56 2670.62415 SHRED ALL RECYCLING SYSTEMS TIRE RECYCLING 159.59 2670.62405 SHRED ALL RECYCLING SYSTEMS TIRE RECYCLING 159.59 2670.65055 HEALY ASPHALT FY2013 ASPHALT PURCHASE 1,400.88 2670.65055 HEALY ASPHALT FY2013 ASPHALT PURCHASE 312.52 2670.65055 HEALY ASPHALT FY2013 ASPHALT PURCHASE 494.00 2670.65055 HEALY ASPHALT FY2013 ASPHALT PURCHASE 414.44 2670.62415 KLF TRUCKING DEBRIS HAULING 4,125.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2013 CONCRETE PURCHASE 772.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2013 CONCRETE PURCHASE 475.50 2670.65055 OZINGA CHICAGO RMC, INC.FY2013 CONCRETE PURCHASE 801.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2013 CONCRETE PURCHASE 900.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2013 CONCRETE PURCHASE 900.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2013 CONCRETE PURCHASE 751.50 2670.65055 OZINGA CHICAGO RMC, INC.FY2013 CONCRETE PURCHASE 579.50 17,378.36 3005 REC. MGMT. & GENERAL SUPPORT 3005.64540 NEXTEL COMMUNICATION CHARGES 57.53 57.53 7 *ADVANCED PAYMENTS190 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3010 REC. BUS. & FISCAL MGMT 3010.65095 OFFICE DEPOT OFFICE SUPPLIES 51.60 51.60 3020 RECREATION GENERAL SUPPORT 3020.62490 FIRST, JON LINK REIMBURSE 138.00 3020.64540 NEXTEL COMMUNICATION CHARGES 57.53 3020.62490 FROSTY PRODUCTION LINK REIMBURSE 113.00 3020.62490 GAST, ED LINK REIMBURSE 114.00 3020.62490 HENRY'S FARM LINK REIMBURSE 183.00 3020.62490 K & K FARM'S LINK REIMBURSE 35.00 3020.62490 K.V. STOVER AND SON LINK REIMBURSE 55.00 3020.62490 LAKE BREEZE ORGANICS LINK REIMBURSE 271.00 3020.62490 LYON'S FARM LINK REIMBURSE 30.00 3020.62490 M AND D FARMS LINK REIMBURSE 36.00 3020.62490 NICHOLS FARM & ORCHARD LINK REIMBURSE 51.00 3020.62490 OLD TOWN OIL LINK REIMBURSE 45.00 3020.62490 RIVER VALLEY RANCH LINK REIMBURSE 56.00 3020.62490 SMITS FARMS LINK REIMBURSE 45.00 3020.62490 SWEETY PIES BAKERY CAKERY CAFE LINK REIMBURSE 83.00 3020.62490 TERESA'S FRUIT AND HERBS LINK REIMBURSE 87.00 3020.62490 ZELDENRUST FARM LINK REIMBURSE 57.00 3020.65025 GROVER, JANE W.REIMBURSEMENT-RECREATION PROGRAM FOOD 123.91 3020.62490 BRUNKOW CHEESE LINK REIMBURSE 31.00 1,611.44 3025 PARK UTILITIES 3025.64005 COMED UTILITIES 39.78 3025.64005 COMED UTILITIES 37.25 3025.64005 COMED UTILITIES 25.87 3025.64005 COMED UTILITIES 91.46 3025.64005 COMED UTILITIES 16.72 3025.64005 COMED UTILITIES 18.97 3025.64005 COMED UTILITIES 91.26 3025.64005 COMED UTILITIES 51.28 3025.64005 COMED UTILITIES 38.68 3025.64005 COMED UTILITIES 32.29 3025.64005 COMED UTILITIES 1,458.78 3025.64005 COMED UTILITIES 41.72 3025.64005 COMED UTILITIES 24.97 3025.64005 COMED UTILITIES 24.97 3025.64005 COMED UTILITIES 22.73 3025.64005 COMED UTILITIES 214.47 3025.64005 COMED UTILITIES 88.95 3025.64015 NICOR 0632 UTILITIES 24.78 3025.64015 NICOR 0632 UTILITIES 27.10 3025.64015 NICOR 0632 UTILITIES 25.87 3025.64015 NICOR 0632 UTILITIES 25.67 3025.64015 NICOR 0632 UTILITIES 24.22 3025.64015 NICOR 0632 UTILITIES 38.18 3025.64005 COMED UTILITIES 233.57 8 *ADVANCED PAYMENTS191 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3025.64005 COMED UTILITIES 81.96 3025.64005 COMED UTILITIES 30.88 3025.64005 COMED UTILITIES 30.58 3025.64005 COMED UTILITIES 61.40 3025.64005 COMED UTILITIES 46.08 3025.64005 COMED UTILITIES 37.51 3025.64005 COMED UTILITIES 128.26 3025.64005 COMED UTILITIES 15.37 3025.64005 COMED UTILITIES 21.19 3025.64005 COMED UTILITIES 292.27 3,465.04 3030 CROWN COMMUNITY CENTER 3030.62375 JEAN'S GREENS, INC.PLANT MAINTENANCE 50.00 3030.62505 VAN DER KARR, MICHELLE A.ADULT DANCE INSTRUCTOR 240.00 290.00 3035 CHANDLER COMMUNITY CENTER 3035.65110 BSN SPORTS LANYARDS/WHISTLES 82.47 3035.64540 NEXTEL COMMUNICATION CHARGES 28.68 111.15 3040 FLEETWOOD JOURDAIN COM CT 3040.65110 COMCAST CABLE COMMUNICATION CHARGES 101.12 3040.65040 LAPORT INC JANITORIAL SUPPLIES 980.92 3040.62225 STA-KLEEN INC.CLEANING COOKING SURFACES 39.00 3040.64540 NEXTEL COMMUNICATION CHARGES 38.18 3040.62518 ADT SECURITY SYSTEMS SECURITY SERVICE 1,326.31 3040.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 41.00 3040.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 74.33 2,600.86 3045 FLEETWOOD/JOURDAIN THEATR 3045.62210 QUARTET COPIES BACKSTAGE EVANSTON PROMO MATERIAL 45.44 45.44 3050 RECREATION OUTREACH PROGRAM 3050.62210 GENERATION COPY INC MASON PARK FLYERS 28.00 3050.65040 LAPORT INC JANITORIAL SUPPLIES 49.90 77.90 3055 LEVY CENTER SENIOR SERVICES 3055.65040 LAPORT INC JANITORIAL SUPPLIES 443.14 3055.64540 NEXTEL COMMUNICATION CHARGES 27.18 3055.62505 NOGUCHI, ATSUKO BEGINNING JAPANESE CLASS INSTRUCTION 420.00 3055.62505 KASPIK, ARLENE M SQUARE DANCE INSTRUCTION 588.00 3055.62505 MILLER, ALLISON ECT ASST DIRECTOR FALL 13 600.00 3055.62505 KOLAKOWSKI, DONALD ECT DIRECTOR FALL 2013 1,325.00 3055.56045 ILLINOIS DEPT OF REVENUE *SALES TAX-SEPTEMBER 2013 37.00 3055.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 44.94 3055.61062 SPARKMON, KEVIN SECURITY FOR PRIVATE RENTAL 352.00 3055.65025 CATHOLIC CHARITIES OF CHICAGO SENIOR CONGREGATE MEAL 2,903.60 3055.62695 AMERICAN CHARGE SERVICE REIMBURSE 38 TAXI COUPONS 228.00 9 *ADVANCED PAYMENTS192 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3055.62695 BEST TAXI REIMBURSE 1273 TAXI COUPONS 8,736.00 3055.62695 303 TAXI REIMBURSE 1840 TAXI COUPONS 11,040.00 26,744.86 3080 BEACHES 3080.65110 OFFICE DEPOT OFFICE SUPPLIES 180.52 3080.65020 ORIGINAL WATERMEN SWIM SUITS & RASH GUARDS 2,323.00 3080.64540 NEXTEL COMMUNICATION CHARGES 213.91 3080.65125 WILMETTE HARBOR ASSOCIATION GAS FOR LIFEGUARD BOAT 608.10 3080.65020 ORIGINAL WATERMEN SWIM SUITS AND RASH GUARDS 180.00 3080.64015 NICOR 0632 UTILITIES 29.06 3,534.59 3085 RECREATION FACILITY MAINT 3085.65040 LAPORT INC JANITORIAL SUPPLIES 52.45 3085.64540 NEXTEL COMMUNICATION CHARGES 78.01 3085.65040 LAPORT INC JANITORIAL SUPPLIES 248.10 3085.65040 LAPORT INC JANITORIAL SUPPLIES 585.90 3085.65040 LAPORT INC JANITORIAL SUPPLIES 623.20 3085.65040 LAPORT INC JANITORIAL SUPPLIES 207.77 1,795.43 3095 CROWN ICE RINK 3095.65040 LAPORT INC JANITORIAL SUPPLIES 45.53 3095.65080 COCA-COLA ENTERPRISES LAKESHORE VENDING RESALE 159.84 3095.62245 JORSON & CARLSON BLADE SHARPENING 35.49 3095.62508 LAPPING, RENEE ADULT BROOMBALL SCOREKEEPER 130.00 3095.62508 PFEIFFER, SHAWN ADULT BROOMBALL REFEREE 300.00 3095.62508 KNUTSON, KRISTOFER ADULT BROOMBALL REFEREE 300.00 3095.65050 LEMOI HARDWARE METAL OUTLET 33.55 3095.62245 MCCAULEY MECHANICAL SERVICE REPAIR CHEM CONNECTION LEAK 789.42 3095.62245 MCCAULEY MECHANICAL SERVICE REPAIR ICE RINK COMPRESSOR 439.00 3095.64540 NEXTEL COMMUNICATION CHARGES 133.79 3095.62495 ANDERSON PEST CONTROL PEST CONTROL 79.00 3095.62375 JEAN'S GREENS, INC.PLANT MAINTENANCE 50.00 3095.62245 WOODS DECORATING INTERIOR PAINTING LOBBY AREA 1,475.00 3,970.62 3105 AQUATIC CAMP 3105.65110 FOX, WILLIAM SAIL REPAIR 50.00 50.00 3110 TENNIS 3110.62505 E-TOWN TENNIS INSTRUCTION TENNIS PROGRAMS 4,987.10 4,987.10 3130 SPECIAL RECREATION 3130.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/18 319.00 3130.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/13 132.00 3130.64540 NEXTEL COMMUNICATION CHARGES 27.18 3130.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/17 132.00 610.18 3140 BUS PROGRAM 10 *ADVANCED PAYMENTS193 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3140.64540 NEXTEL COMMUNICATION CHARGES 27.18 27.18 3150 PARK SERVICE UNIT 3150.64540 NEXTEL COMMUNICATION CHARGES 54.36 54.36 3155 GOLF 3155.62505 3 POINT ATHLETICS YOUTH GOLF INSTRUCTION 26.95 3155.62505 3 POINT ATHLETICS YOUTH GOLF INSTRUCTION 1,522.15 1,549.10 3215 YOUTH ENGAGEMENT DIVISION 3215.62490 ENTERPRISE RENT A CAR VAN RENTAL IL YOUTH REC CORP 2,013.94 3215.62490 T.E. AND COMPANY 50/50 PROGRAM MYSEP 5,376.00 3215.62490 MCGAW YMCA 50/50 PROGRAM MSYEP 2,960.00 3215.62490 KRAVE, LLC 50/50 PROGRAM MSYEP 3,914.37 14,264.31 3505 PARKS & FORESTRY GENERAL SUP 3505.64540 NEXTEL COMMUNICATION CHARGES 598.40 3505.62375 METROPOLITAN WATER RECLAMATION WATER LINES 1,300.00 1,898.40 3510 HORTICULTURAL MAINTENANCE 3510.62195 NATURE'S PERSPECTIVE LANDSCAPING CALLAN AVENUE EMBANKMENT 232.00 3510.62195 LANDSCAPE CONCEPTS MANAGEMENT HOWARD STREETSCAPE 2013 532.00 3510.62199 GAMETIME PLAYGROUND EQUIPMENT 126.02 3510.62195 LANDSCAPE CONCEPTS MANAGEMENT MAIN STREETSCAPE 2013 518.00 3510.62195 COMED UTILITIES 112.82 3510.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 60.15 3510.62199 NUTOYS LEISURE PRODUCTS WAVE SLIDE 374.00 1,954.99 3530 PRIVATE ELM TREE INSURANCE 3530.62385 SUNRISE TREE SERVICE INC REMOVED DISEASED ELM 1,750.00 3530.62385 SUNRISE TREE SERVICE INC REMOVED DISEASED ELM 1,580.00 3,330.00 3535 DUTCH ELM INOCULATION PROGRAM 3535.62385 SUNRISE TREE SERVICE INC REMOVED DISEASED ELM 2,650.00 3535.62496 RAINBOW TREECARE ARBOTECT FUNGICIDE 26,950.00- 3535.62496 RAINBOW TREECARE ARBOTECT FUNGICIDE 27,106.25 3535.62496 RAINBOW TREECARE ARBOTECT FUNGICIDE 31,570.00 34,376.25 3605 ECOLOGY CENTER 3605.62490 SPARKMON, KEVIN GREENLIVING OVERNIGHT SECURITY 317.00 317.00 3610 ECO-QUEST DAY CAMP 3610.64540 NEXTEL COMMUNICATION CHARGES 1.50 1.50 3710 NOYES CULTURAL ARTS CTR 3710.64540 NEXTEL COMMUNICATION CHARGES 32.43 11 *ADVANCED PAYMENTS194 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3710.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 39.14 71.57 3720 CULTURAL ARTS PROGRAMS 3720.62490 MUSICAL OFFERING BACKSTAGE EV REVENUE SHARE 691.06 3720.62490 ACTOR'S GYMNASIUM BACKSTAGE EV REVENUE SHARE 813.95 3720.62490 EVANSTON DANCE ENSEMBLE BACKSTAGE EV REVENUE SHARE 1,129.95 3720.62490 EVANSTON SYMPHONY ORCHESTRA BACKSTAGE EV REVENUE SHARE 989.50 3720.62490 LIGHT OPERA WORKS BACKSTAGE EV REVENUE SHARE 1,094.84 3720.62490 MUSIC INSTITUTE OF CHICAGO BACKSTAGE EV REVENUE SHARE 831.50 3720.62490 NEXT THEATRE COMPANY BACKSTAGE EV REVENUE SHARE 726.17 3720.62490 NORTH SHORE CHORAL BACKSTAGE EV REVENUE SHARE 673.50 3720.62490 EVANSTON FESTIVAL THEATRE BACKSTAGE EV REVENUE SHARE 901.73 3720.62490 PIVEN THEATRE WORKSHOP BACKSTAGE EV REVENUE SHARE 796.39 3720.62490 RENOVO STRING ORCHESTRA BACKSTAGE EV REVENUE SHARE 603.28 3720.62490 THE SAVOYAIRES BACKSTAGE EV REVENUE SHARE 708.62 3720.62365 PREUS, JOHN MUSIC PERF NOYES GALLEY 300.00 3720.62205 TITAN OUTDOOR, LLC ADVERTISING BACKSTAGE EVANSTON 1,172.00 3720.62515 SERVICE SANITATION INC PORTA POTTY MOVIE IN PARK 8/17 167.00 11,599.49 3805 FACILITIES ADMINISTRATION 3805.64540 NEXTEL COMMUNICATION CHARGES 50.88 50.88 3806 CIVIC CENTER SERVICES 3806.62225 MARK VEND COMPANY ALDERMANIC LIBRARY 93.96 3806.64005 COMED UTILITIES 731.22 3806.64005 COMED UTILITIES 16.05 3806.64005 COMED UTILITIES 383.18 3806.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 108.12 3806.64540 NEXTEL COMMUNICATION CHARGES 54.36 3806.65040 LAPORT INC JANITORIAL SUPPLIES 267.00 3806.65040 LAPORT INC JANITORIAL SUPPLIES 2,085.86 3806.62225 MARK VEND COMPANY ALDERMANIC LIBRARY 407.92 3806.62225 MARK VEND COMPANY ALDERMANIC LIBRARY 135.96 3806.64015 NICOR 0632 UTILITIES 37.38 3806.64015 NICOR 0632 UTILITIES 196.29 3806.62225 ANDERSON PEST CONTROL PEST SERVICES 111.30 3806.62225 ANDERSON PEST CONTROL PEST SERVICES 464.20 5,092.80 3807 CONSTRUCTION AND REPAIRS 3807.65050 LEMOI HARDWARE MOUNT TIES 3.83 3807.65050 STANDARD PLUMBING SUPPLY 10 REPLACEMEMT FAUCETS - LMCC 3,850.00 3807.64540 NEXTEL COMMUNICATION CHARGES 404.22 3807.65050 DALLIA FLOOR & WALL CO.SEAWEED COVE BASE 159.00 3807.65050 COMMERCIAL SPECIALTIES, INC.PURCHASE 4 TOILET PARTIONS 4,445.00 8,862.05 510,913.81 00185 LIBRARY FUND 12 *ADVANCED PAYMENTS195 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 4845 LIBRARY ADMINISTRATION 4845.56140 ILLINOIS DEPT OF REVENUE *SALES TAX-SEPTEMBER 2013 241.00 4845.64540 NEXTEL COMMUNICATION CHARGES 27.18 268.18 268.18 00195 NEIGHBOR.STABILIZATION PROGRAM 5006 PROGRAM DELIVERY 5006.62205 EVANSTON ROUND TABLE LLC AD-LIVE EVANTSON 367.00 367.00 367.00 00200 MOTOR FUEL TAX FUND 5097 2013 MFT STREET RESURFACING 5097.65515 INTERRA, INC.MATERIAL TESING SERVICES 2,714.50 2,714.50 2,714.50 00205 EMERGENCY TELEPHONE SYSTEM 5150 EMERGENCY TELEPHONE SYSTM 5150.64540 NEXTEL COMMUNICATION CHARGES 1,609.29 5150.64540 VERIZON WIRELESS (25505)COMMUNICATION CHARGES 2,964.78 5150.65085 MOTOROLA, INC.COMMUNICATION CHARGES 1,273.05 5150.62509 IRON MOUNTAIN OSDP STORAGE 341.22 5150.62509 CHICAGO COMMUNICATIONS, LLC. REPAIR SPEAKER IN LT'S ROOM 90.00 5150.65085 RCM & ASSOCIATES EAR MOLD 160.00 5150.65085 RCM & ASSOCIATES PUSH TALK WIRE 59.99 5150.64505 AT & T 8100 COMMUNICATION CHARGES 477.07 6,975.40 6,975.40 00215 CDBG FUND 5170 PUBLIC IMPROVEMENTS 5170.62840 SCHROEDER & SCHROEDER INC 2013 ALLEY PAVING PROJECT 148,833.84 5170.62840 SCHROEDER & SCHROEDER INC 2013 ALLEY PAVING PROJECT 116,171.70 265,005.54 5205 TARGETED CODE ENFORCEMENT 5205.62770 ABG SERVICES, INC.WOOD OPENING 160.00 160.00 5220 CDBG ADMINISTRATION 5220.62205 EVANSTON ROUND TABLE LLC AD-COMMENT ON 2014 ACTION PLAN 425.00 425.00 265,590.54 00220 CD LOAN FUND 5280 CD LOAN 5280.65535 STAT ANALYSIS CORPORATION CASE SF 2001-13 108.00 5280.65535 INNERSPACE ENVIRONMENTAL CASE # 000000012 550.00 5280.65535 INNERSPACE ENVIRONMENTAL CASE #SF 967-13 550.00 5280.62190 EQUIFAX CREDIT MONTHLY CHARGES 5.74 13 *ADVANCED PAYMENTS196 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 5280.62190 DYNAMIC INTERFACE SYSTEMS LOAN LEDGER 2,300.00 5280.62190 CLEAN CITY INNOVATIONS, LLC GRAFFITI REMOVAL 945.00 5280.65535 ANTON, KOCHIS & BOOTHE CASE # SF 967-13 280.00 4,738.74 4,738.74 00225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 5300.65095 OFFICE DEPOT 2013 PO OFFICE SUPPLIES 39.95 5300.62295 PLANTE, CINDY REIMBURSED TRAVEL MILEAGE 9.44 5300.65095 OFFICE DEPOT 2013 PO OFFICE SUPPLIES 5.59 5300.65522 HOWARD STREET BUSINESS ASSOC. BUSINESS DISTRICT IMPROVEMENT 625.00 5300.65522 WEST END BUSINESS ASSOCIATION BUSINESS DISTRICT IMPROVEMENT 7,875.00 5300.65522 SUN-TIMES MEDIA AD-HEALTH WELLNESS FESTIVAL 1,085.00 5300.65522 CHICAGO-DEMPSTER MERCHANTS BUSINESS DISTRICT IMPROVEMENT 1,500.00 5300.65522 RENAISSANCE REALTY BUSINESS DISTRICT IMPROVEMENT 4,500.00 5300.62659 NOW WE'RE COOKIN', INC.*3RD QUARTER GRANT PAYMENT 4,632.00 5300.65522 STUDENTS PUBLISHING CO. AD-HEALTH WELLNESS FESTIVAL 528.00 5300.65522 CHICAGO-DEMPSTER MERCHANTS BUSINESS DISTRICT IMPROVEMENT 1,200.00 21,999.98 21,999.98 00300 WASHINGTON NATL TIF DEBT SERV 547615 DAVIS STREET SEWER 547615.65515 BOLDER CONTRACTORS, INC.DAVIS STREET PROJECT 204,940.13 204,940.13 547616 DAVIS STREET LANDSCAPING 547616.65515 INTERRA, INC.MATERIAL TESTING SERVICES 797.00 547616.65515 INTERRA, INC.MATERIAL TESTING SERVICES 792.50 547616.65515 INTERRA, INC.MATERIAL TESTING SERVICES 3,165.00 4,754.50 209,694.63 00310 HOWARD-HARTREY TIF DEBT SERV 553104 HARTREY STREETSCAPING IMPR 553104.65515 A LAMP CONCRETE CONTRACTORS CIP 3 STREET RESURFACING 150,000.00 150,000.00 150,000.00 00320 DEBT SERVICE FUND 5705 2006 BONDS 5705.62350 WELLS FARGO BANK PAYING AGENT FEES-2006 250.00 250.00 5711 2010 A BONDS 5711.62350 WELLS FARGO BANK PAYING AGENT FEES-2010A 250.00 250.00 5712 2010 B BONDS 5712.62350 WELLS FARGO BANK PAYING AGENT FEES-2010B 250.00 250.00 14 *ADVANCED PAYMENTS197 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 5727 2004 GO BONDS 5727.62350 WELLS FARGO BANK PAYING AGENT FEES-2004 250.00 250.00 5728 2004B GO BONDS 5728.62350 WELLS FARGO BANK PAYING AGENT FEES-2004B 250.00 250.00 5729 2005 BONDS 5729.62350 WELLS FARGO BANK PAYING AGENT FEES-2005 250.00 250.00 1,500.00 00330 HOWARD RIDGE TIF 5860 HOWARD RIDGE TIF 5860.65511 PECKISH ONE, LLC *MATERIALS-623 HOWARD REHAB 3,670.00 3,670.00 3,670.00 00415 CAPITAL IMPROVEMENTS FUND 415175 CIVIC CTR RENOVATIONS 415175.65625 OFFICE CONCEPTS, INC.DESK CHAIR ORDER FOR 2013 HR 626.73 626.73 415224 SERV. CTR PARKING DECK REPAIRS 415224.62140 WALKER INC., CARL REPAIR OF EVANSTON MUNICIPAL 1,558.00 1,558.00 415385 FIREMAN'S PARK 415385.65653 MIDWEST GROUNDCOVERS EUONYMUS VAR. COLORATUS 877.80 415385.65653 MIDWEST GROUNDCOVERS HYDRANGEA ARB. 'ANNABELLE'605.20 415385.65653 MIDWEST GROUNDCOVERS HOSTA 'HADSPEN BLUE'598.90 415385.65653 MIDWEST GROUNDCOVERS MISCANTHUS S. 'HURON SUNRISE'321.30 415385.65653 NUTOYS LEISURE PRODUCTS LONG BENCHES 2,803.00 415385.65653 MIDWEST GROUNDCOVERS ROSA FLOWER CARPET WHITE 1,318.75 415385.65653 MIDWEST GROUNDCOVERS FREIGHT 492.78 415385.65653 MIDWEST GROUNDCOVERS FREIGHT .42 415385.65653 MIDWEST GROUNDCOVERS ARONIA ARBU. 'BRILLIANTISSIMA'219.10 415385.65653 ELANAR CONSTRUCTION FIREMEN'S PARK RENOVATIONS 69,646.50 415385.65653 MIDWEST GROUNDCOVERS NEPETA RACEMOSA 'BLUE WONDER'623.70 77,507.45 415602 LEVY HVAC REPLACEMENT 415602.62145 NESTBUILDERS, INC 2013 HVAC IMPROVEMENTS 1,482.17 415602.65653 F.E. MORAN, INC.2013 HVAC IMPROVEMENTS 131,130.90 132,613.07 415663 NOYES ROOF PROJECT 415663.65510 ALTUS WORKS, INC.CONSULTING SERVICES 1,210.00 1,210.00 415668 NOYES CTR SEAT REPLACEMENTS 415668.65625 LARSON EQUIPMENT AND FURNITURE SUPPLY & INSTALL NOYES SEATING 46,609.00 46,609.00 15 *ADVANCED PAYMENTS198 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 415688 ECOLOGY CTR GREENHOUSE 415688.65653 F.E. MORAN, INC.2013 HVAC IMPROVEMENTS 11,313.00 11,313.00 415697 FLEETWD JOURDN CTR RENOVATIONS 415697.62145 ATC GROUP SERVICES INC. FLEETWOOD ENVIRONMENTAL 550.00 550.00 415827 FIRE STATION #2 RENOVATIONS 415827.65625 CENTRAL RUG & CARPET CO.SUPPLY AND INSTALL CARPET TILE 16,850.00 415827.62135 MCGUIRE IGLESKI & ASSOCIATES PROVIDE ARCHITECTURAL SERVICES 2,636.00 19,486.00 415857 STREET RESURFACING 415857.65515 A LAMP CONCRETE CONTRACTORS CIP II WATER MAIN & STREET 210,931.82 415857.65515 A LAMP CONCRETE CONTRACTORS CIP3 STREET RESURFACING 300,674.31 415857.65515 GLENBROOK EXCAVATING & CONCRETE CIP I WATER MAIN & STREET 305,790.91 415857.65515 INTERRA, INC.MATERIAL TESTING SERVICES 1,681.50 819,078.54 415937 PEDESTRAN SAFETY SIGNS & PVMT 415937.65515 SUPERIOR ROAD STRIPING INC CITY PAVEMENT MARKING PROGRAM 74,205.27 74,205.27 415938 BRIDGE STREET PAHSE II CONSTR 415938.65515 ALFRED BENESCH & COMPANY BRIDGE ST BRIDGE PROJECT 7,857.38 7,857.38 415940 DEMPSTER SIGNAL PHASE I 415940.65515 HAMPTON, LENZINI AND RENWICK DEMPSTER SIGNAL MODERNIZATION 2,044.38 2,044.38 416127 LAKEFRONT MASTER PLAN 416127.62280 FEDERAL EXPRESS CORP.SHIPPING CHARGES 32.88 32.88 416144 POLICE & FIRE ROOF REPLACEMENT 416144.62145 NESTBUILDERS, INC 2013 HVAC IMPROVEMENTS 2,948.93 2,948.93 1,197,640.63 00420 SPEC ASSESS CAP PROJECT FUND 6365 SPECIAL ASSESSMENT 6365.65515 SCHROEDER & SCHROEDER INC 2013 ALLEY PAVING PROJECT 13,896.60 13,896.60 6392 SPECIAL ASSESSMENT 1479 6392.56590 HERNANDEZ, JUAN P.REFUND-WARRANT 1479 P.I 10-24-209-008 140.00 6392.56570 HERNANDEZ, JUAN P.REFUND-WARRANT 1479 P.I 10-24-209-008 52.34 192.34 14,088.94 00505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 7005.62431 GARDA CL GREAT LAKES, INC.MONTHLY INVOICE 1,334.03 7005.62431 GARDA CL GREAT LAKES, INC.ARMORED CAR SERVICES 2,049.63 16 *ADVANCED PAYMENTS199 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7005.64540 NEXTEL COMMUNICATION CHARGES 210.23 3,593.89 7015 PARKING LOTS & METERS 7015.62375 MCGAW YMCA 3RD QUARTER PARKING METER 3,812.20 7015.62245 TOTAL PARKING SOLUTIONS, INC. ANNUAL MONITORING-LOT 10 780.00 7015.62245 TOTAL PARKING SOLUTIONS, INC. ANNUAL MAINTENANCE-LOT 10 1,380.00 7015.64005 COMED MONTHLY INVOICE 185.24 7015.64005 COMED MONTHLY INVOICE 211.60 7015.65070 IPS GROUP, INC.MONTHLY INVOICE 325.30 7015.62375 CHICAGO TRANSIT AUTHORITY MONTHLY RENT LOT 19 990.00 7015.53510 COOK COUNTY COLLECTOR *PARKING TAX-SEPTEMBER 2013 110.16 7,794.50 7025 CHURCH STREET GARAGE 7025.62509 SIMPLEX GRINNELL ANNUAL SERVICE AGREEMENT 1,195.00 7025.65050 BIOTEK CORPORATION DE-ICING CHEMICALS-PARKING DEC 500.00 7025.53515 LYNCH, DAVID ACCESS CARD REFUND 25.00 7025.53515 VANGARSSE, ANTHONY G.ACCESS CARD REFUND 25.00 7025.53515 DAVIS, GORDAN ACCESS CARD REFUND 25.00 7025.62509 SIMPLEX GRINNELL FIRE ALARM SERVICE FEE 450.00 7025.53500 COOK COUNTY COLLECTOR *PARKING TAX-SEPTEMBER 2013 1,314.97 3,534.97 7036 SHERMAN GARAGE 7036.53515 RITHISAK, SETH ACCESS CARD REFUND 25.00 7036.53515 LAUMAN, BRAD ACCESS CARD REFUND 25.00 7036.53515 FOSTER, DOMINIQUE ACCESS CARD REFUND 25.00 7036.53515 PENG, CHENG ACCESS CARD REFUND 25.00 7036.53515 RANDOLPH, NINA ACCESS CARD REFUND 25.00 7036.53515 PUCK, SANIE LISA ACCESS CARD REFUND 25.00 7036.53515 BERNSTEIN, SHAWNEE ACCESS CARD REFUND 25.00 7036.53515 NATERAS, MARTHA ACCESS CARD REFUND 25.00 7036.53515 LORENZ, LESLIE ACCESS CARD REFUND 25.00 7036.53515 BOILINI, STEPHANIE ACCESS CARD REFUND 25.00 7036.53515 STEPHENS, ANDREW ACCESS CARD REFUND 25.00 7036.53515 FREED, MITCHELL ACCESS CARD REFUND 25.00 7036.53515 GAO, DANIEL ACCESS CARD REFUND 25.00 7036.53515 FLAT TOP GRILL ACCESS CARD REFUND 25.00 7036.53515 JERNBERG, JULIE ACCESS CARD REFUND 25.00 7036.53515 HINES, CONNIE ACCESS CARD REFUND 25.00 7036.53500 COOK COUNTY COLLECTOR *PARKING TAX-SEPTEMBER 2013 2,207.71 7036.65050 BIOTEK CORPORATION DE-ICING CHEMICALS-PARKING DEC 700.00 7036.53515 MCAFEE, RYAN ACCESS CARD REFUND 25.00 7036.53515 EDWARDSON, GRETCHEN ACCESS CARD REFUND 25.00 7036.53515 RUBLOFF PRUDENTIAL ACCESS CARD REFUND 25.00 7036.53515 COBLER, JANE ACCESS CARD REFUND 25.00 7036.53515 MCNULTY, JAMES ACCESS CARD REFUND 50.00 7036.62425 THYSSENKRUPP ELEVATOR ELEVATOR MAINTENANCE/REPAIRS 9,487.44 7036.53515 KENT, LOGAN ACCESS CARD REFUND 25.00 7036.53515 WRIGHT, CHRIS ACCESS CARD REFUND 50.00 7036.53515 LOPEZ, ANDRES R.ACCESS CARD REFUND 25.00 17 *ADVANCED PAYMENTS200 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7036.53515 CHOPRA, KRITI ACCESS CARD REFUND 25.00 7036.53515 HANSEN, MIKE ACCESS CARD REFUND 25.00 7036.65050 LEMOI HARDWARE BULB 37.37 7036.53515 VIPORD, MICHAEL ACCESS CARD REFUND 25.00 7036.53515 GRUENBERG, DON ACCESS CARD REFUND 25.00 13,182.52 7037 MAPLE GARAGE 7037.53515 KHAN, ALEC ACCESS CARD REFUND 25.00 7037.53515 VELAZQUEZ, GENEVIEVE ACCESS CARD REFUND 25.00 7037.53515 CARLEY, KYLE ACCESS CARD REFUND 25.00 7037.53515 PAV, BRANDON ACCESS CARD REFUND 25.00 7037.65050 BIOTEK CORPORATION DE-ICING CHEMICALS-PARKING DEC 300.00 7037.53515 SCHOOLMASTER, TIMOTHY L ACCESS CARD REFUND 25.00 7037.53515 MCLAUGHLIN, CHARLES ACCESS CARD REFUND 25.00 7037.53515 HASMONEK, MATTHEW ACCESS CARD REFUND 25.00 7037.53515 REID, CATHERINE ACCESS CARD REFUND 25.00 7037.53500 COOK COUNTY COLLECTOR *PARKING TAX-SEPTEMBER 2013 1,600.94 7037.53510 COOK COUNTY COLLECTOR *PARKING TAX-SEPTEMBER 2013 428.40 7037.53515 RABIN, LAUREN ACCESS CARD REFUND 25.00 7037.53515 DUNLAP, JEFF ACCESS CARD REFUND 25.00 7037.53515 PALADINO, NICOLE ACCESS CARD REFUND 25.00 7037.53515 SILVA, ANDRADIGE P.M.ACCESS CARD REFUND 25.00 7037.53515 CABE, MALEEN ACCESS CARD REFUND 25.00 7037.53515 GOODMAN, JEFF ACCESS CARD REFUND 25.00 7037.53515 BANIGAN, KIMBERLY ACCESS CARD REFUND 25.00 7037.53515 FLORES, ROSS ACCESS CARD REFUND 25.00 7037.64015 NICOR GAS 632 MONTHLY INVOICE 81.75 2,811.09 700506 SHERMAN GARGAE REPAIRS 700506.65515 WISS, JANNEY, ELSTNER ASSOCIATION 2013 SHERMAN PLAZA FACADE 7,622.90 7,622.90 701515 PARKING METERS UPGRADE 701515.65515 DUNCAN PARKING TECHNOLOGIES PARKING METER PURCHASE 35,046.32 701515.65515 DUNCAN PARKING TECHNOLOGIES PARKING METER PURCHASE 27,377.02 62,423.34 100,963.21 00510 WATER FUND 7100 WATER GENERAL SUPPORT 7100.65040 LAPORT INC JANITORIAL SUPPLIES 252.72 7100.65010 EVANSTON BLUE PRINT CO., INC.GREEN LIVING FESTIVAL 195.60 7100.56145 HYDRO-VISION TECHNOLOGY FIRE HYDRANT DEPOSIT REFUND 300.00 7100.56145 SOS ELECTRIC & REMODELING REFUND-FIRE HYDRANT DEPOSIT 300.00 7100.62315 FEDERAL EXPRESS CORP.SHIPPING CHARGES 21.68 7100.56140 ILLINOIS DEPT OF REVENUE *SALES TAX-SEPTEMBER 2013 1,036.00 7100.64540 NEXTEL COMMUNICATION CHARGES 209.82 7100.62295 MEADE, ELEANORE ISAWWA ANNUAL REGULATORY 34.47 2,350.29 18 *ADVANCED PAYMENTS201 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7105 PUMPING 7105.64005 COMED UTILITIES 39.18 7105.64540 NEXTEL COMMUNICATION CHARGES 199.77 7105.64540 VERIZON WIRELESS (25505)COMMUNICATION CHARGES 304.08 543.03 7110 FILTRATION 7110.64540 VERIZON WIRELESS (25505)COMMUNICATION CHARGES 304.08 7110.65015 ALEXANDER CHEMICAL CORPORATION HYDROFLUORSILIC ACID -PER SPEC 11,680.13 7110.65015 ALEXANDER CHEMICAL CORPORATION LIQUID CHLORINE 376.00 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE 5,051.94 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE 4,908.16 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE 4,853.70 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE 4,879.84 7110.62465 UNDERWRITERS LABORATORIES INC. FY 2013 LABORATORY TESTING 50.00 7110.65030 PRISTINE WATER SOLUTIONS, INC. BLENDED ORTHO-POLYPHOSPHATE 19,477.30 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE 4,871.13 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE 4,864.59 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE 5,049.76 66,366.63 7115 DISTRIBUTION 7115.64540 NEXTEL COMMUNICATION CHARGES 358.24 7115.64540 VERIZON WIRELESS (25505)COMMUNICATION CHARGES 304.08 662.32 7120 WATER METER MAINTENANCE 7120.65070 BADGER METER, INC.2013 WATER METER PURCHASE 680.00 7120.64540 NEXTEL COMMUNICATION CHARGES 92.61 7120.65070 BADGER METER, INC.2013 WATER METER PURCHASE 1,110.00 1,882.61 7125 OTHER OPERATIONS 7125.62340 INNOVYZE, INC.ANNUAL FEE - INFOWATER UDF 2,000.00 7125.62315 INFOSEND, INC.POSTAGE FOR WATER BILL 5,184.00 7125.65080 HD SUPPLY WATERWORKS 6" MJ VALVE WITH ACCESSORIES 650.00 7125.65080 HD SUPPLY WATERWORKS 8"X6" TAPPING SLEEVE & VALVE 1,230.00 7125.62340 INNOVYZE, INC.ANNUAL FEE - INFOWATER 3,000.00 12,064.00 7130 WATER CAPITAL OUTLAY 7130.65550 PRAIRIE ARCHWAY INTERNATIONAL #919 REPLACEMENT VEHICLE 124,177.00 124,177.00 208,045.88 00513 WATER-DEPR, IMPROV & EXTENSION 733074 REPAIR ZEBRA MUSSELCONTROL SYS 733074.62140 CAROLLO ENGINEERS, INC WATER PLANT INTAKE 3,600.00 3,600.00 733078 SCADA SYSTEM IMPROVEMENTS 733078.65515 ALLAN INTEGRATED CONTROL SYSTEM SCADA SYSTEM UPGRADES 47,705.90 47,705.90 19 *ADVANCED PAYMENTS202 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 733086 2008 WATER MAIN INSTALLATION 733086.65515 INTERRA, INC.MATERIAL TESING SERVICES 3,375.00 733086.65515 GLENBROOK EXCAVATING & CONCRETE CIP I WATER MAIN & STREET 100,000.00 733086.65515 A LAMP CONCRETE CONTRACTORS CIP II WATER MAIN & STREET 210,931.82 733086.65515 BOLDER CONTRACTORS, INC.DAVIS STREET PROJECT 237,102.82 551,409.64 733101 NEW AMR REPLACEMENT PROGRAM 733101.65155 WATER RESOURCES AUTOMATIC METER INFORMATION 8,400.00 733101.65155 WATER RESOURCES AUTOMATIC METER INFORMATION 168,175.35 733101.65155 WATER RESOURCES AUTOMATIC METER INFORMATION 840.00 177,415.35 733108 ROOF-WATER TREATMENT FACILITY 733108.62140 KIPNIS ARCHITECTURE & PLANNING WATER DEPT. ROOF REPAIR 1,562.50 1,562.50 781,693.39 00515 SEWER FUND 7400 SEWER MAINTENANCE 7400.62460 THIRD MILLENNIUM UTILITIES 320.35 7400.64540 NEXTEL COMMUNICATION CHARGES 227.65 7400.65055 G & M TRUCKING, INC.SPLIT ACCOUNTS FOR GRANULAR 648.45 7400.64540 VERIZON WIRELESS (25505)COMMUNICATION CHARGES 152.04 7400.65550 CURRIE MOTORS #916 REPLACEMENT VEHICLE 76,381.08 77,729.57 7420 SEWER IMPROVEMENTS 7420.65515 GLENBROOK EXCAVATING & CONCRETE CIP I WATER MAIN & STREET 92,247.54 92,247.54 742519 METRO WATER RECLAM DEPT SEWER 742519.65515 BOLDER CONTRACTORS, INC.DAVIS STREET PROJECT 122,497.50 122,497.50 292,474.61 00520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 7685.62405 WELLS FARGO BANK- SWANCC FY2013 OPERATIONS & MGMT 73,568.46 7685.68310 WELLS FARGO BANK- SWANCC FY2013 CAPITAL COST SWANCC 3,627.92 7685.62390 LAKESHORE WASTE SERVICES, LLC FY2013 CONDO REFUSE COLLECTION 32,045.00 7685.62415 GROOT RECYCLING & WASTE SERVICE FY2013 RESIDENTIAL REFUSE COLLECTION 135,467.00 7685.56155 ILLINOIS DEPT OF REVENUE *SALES TAX-SEPTEMBER 2013 166.00 244,874.38 7690 RESIDENTIAL RECYCLING COL 7690.64005 COMED UTILITIES 130.72 130.72 7695 YARD WASTE COLLECTION 7695.62415 GROOT RECYCLING & WASTE SERVICE FY 2013 YARD WASTE COLLECTION 69,204.00 7695.62415 GROOT RECYCLING & WASTE SERVICE FY 2013 YARD WASTE COLLECTION 69,204.00 138,408.00 383,413.10 20 *ADVANCED PAYMENTS203 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 00600 FLEET SERVICES 7705 GENERAL SUPPORT 7705.64540 NEXTEL COMMUNICATION CHARGES 217.44 217.44 7710 MAJOR MAINTENANCE 7710.65060 WEST SIDE TRACTOR DRAIN VALVE #681 163.76 7710.65060 WESTMONT AUTO PARTS STEERING WHEEL #803 195.50 7710.65060 WESTMONT AUTO PARTS SEAT BELT #759 34.80 7710.65060 WHOLESALE DIRECT INC A-FRAME JACK 70.84 7710.65060 WHOLESALE DIRECT INC JUMP-N-CARRY 588.76 7710.65060 WHOLESALE DIRECT INC TRAILER JACK #321 50.52 7710.65065 WENTWORTH TIRE SERVICE NEW TIRES 284.97 7710.65015 ALEXANDER CHEMICAL CORPORATION CHLORINE 2,920.00 7710.65015 ALEXANDER CHEMICAL CORPORATION CHLORINE 2,920.00 7710.65085 AMERICAN WELDING & GAS SHOP SUPPLIES 472.92 7710.64540 NEXTEL COMMUNICATION CHARGES 163.08 7710.65060 BARBER & SONS, INC. H ALUMINUM WHEEL 19.20 7710.65060 INLAND POWER GROUP TRANSMISSION REPAIR #584 900.78 7710.65060 INTERSTATE BATTERY BATTERY #803 132.95 7710.65060 INTERSTATE BATTERY BATTERIES 87.32 7710.65060 INTERSTATE BATTERY BATTERIES 439.96 7710.65060 JENNINGS CHEVROLET OIL CHANGE #63 27.43 7710.65015 LAWSON PRODUCTS, INC. JANITORIAL PRODUCTS 569.24 7710.65060 LAWSON PRODUCTS, INC.RETURNED PRODUCTS 66.80- 7710.65060 LAWSON PRODUCTS, INC.RETURNED PRODUCTS 165.90- 7710.65060 LEACH ENTERPRISES, INC.BRAKE SHOES #716 540.02 7710.65060 LEACH ENTERPRISES, INC.RETURNED PARTS 80.00- 7710.65060 LEACH ENTERPRISES, INC.DRIER BRACKET 53.76 7710.65060 LEACH ENTERPRISES, INC.MIDLAND AIR DRYER 307.69 7710.65060 LEACH ENTERPRISES, INC.BRAKE JOB 1,076.44 7710.65060 LEACH ENTERPRISES, INC.DEEP SOCKET 80.58 7710.65060 LEACH ENTERPRISES, INC.BRAKE SHOES #580 976.35 7710.65060 LEACH ENTERPRISES, INC.SPLIT MIRROR 33.64 7710.65085 M & A TOOLS ADAPTOR 47.75 7710.65060 MAXSAFE ANTIFREEZE AUTOMOBILE ANTIFREEZE 644.45 7710.62240 METRO TANK AND PUMP COMPANY FUEL PUMP REPAIR 261.25 7710.65060 NORTH SHORE TOWING TOW & HOOK #720 700.00 7710.65060 NORTH SUBURBAN AUTO SUPPLY RED MARKER LIGHT 41.95 7710.65060 NORTH SUBURBAN AUTO SUPPLY MARKER LIGHT 16.78 7710.65060 NORTH SUBURBAN AUTO SUPPLY VALVE STEMS 44.50 7710.65060 NORTH SUBURBAN AUTO SUPPLY RED MARKER LIGHT 25.17 7710.65060 ORLANDO AUTO TOP REBUILD SEAT CUSHION 150.00 7710.65060 P & G KEENE ELECTRICAL ALTERNATOR #581 172.00 7710.65065 POMP'S TIRE SERVICE, INC.TIRES 641.46 7710.65065 POMP'S TIRE SERVICE, INC.TIRES #936 813.00 7710.65060 R.A. ADAMS ENTERPRISES INC,WESTERN RAM ASSEMBLEY 453.15 7710.65060 R.A. ADAMS ENTERPRISES INC,PLOW BLADES 4,240.88 7710.65060 R.A. ADAMS ENTERPRISES INC,PLOW HAND CONTROLLER #626 890.71 7710.65060 REGIONAL TRUCK EQUIPMENT CO REPLACE STEP BARS #526 379.00 21 *ADVANCED PAYMENTS204 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 REGIONAL TRUCK EQUIPMENT CO. OVAL LED 230.30 7710.65060 RG SMITH EQUIPMENT COMPANY RE-INSTALL LIFT GATE 285.00 7710.65060 RUNNION EQUIPMENT CO.OUTSIDE REPAIR-THROTTLE #583 1,305.15 7710.65060 SPRING ALIGN WHEEL ALIGNMENT #322 249.95 7710.65060 STANDARD EQUIPMENT COMPANY TITAN ACTUATOR 1,925.51 7710.65060 STANDARD EQUIPMENT COMPANY FILL HOSE 246.08 7710.65060 STANDARD EQUIPMENT COMPANY HOSE #956 924.88 7710.65060 STANDARD EQUIPMENT COMPANY SWEEPER PARTS 524.10 7710.65060 STANDARD EQUIPMENT COMPANY TANK STRAINER 93.74 7710.65060 STANDARD EQUIPMENT COMPANY TANK STRAINER 93.74 7710.65060 STANDARD EQUIPMENT COMPANY FEMALE COUPLER 79.56 7710.65060 STANDARD EQUIPMENT COMPANY TANK STRAINER 124.48 7710.65060 STANDARD EQUIPMENT COMPANY PIPE COUPLING 53.06 7710.65060 STANDARD EQUIPMENT COMPANY HIGH MOUNT BRACKET 48.30 7710.65060 STANDARD EQUIPMENT COMPANY PVC HOSE 166.73 7710.65060 SUBURBAN ACCENTS, INC.NUMBERS FOR VEHICLES 247.50 7710.65060 TRIANGLE SERVICE, INC.RADIATOR RECORE #668 549.00 7710.65060 TRIANGLE SERVICE, INC.NEW RADIATOR #734 139.00 7710.65060 VERMEER MIDWEST BLADE SHARPENING 408.36 7710.65035 WARREN'S SHELL SERVICE EPD MOTORCYCLE FUEL 500.97 7710.65065 WENTWORTH TIRE SERVICE NEW TIRES 238.26 7710.65065 WENTWORTH TIRE SERVICE NEW TIRES 3,726.59 7710.65060 WENTWORTH TIRE SERVICE TIRE REPAIR 36.00 7710.65060 WENTWORTH TIRE SERVICE TIRES 398.00 7710.65060 WENTWORTH TIRE SERVICE DISMOUNT TIRE 96.00 7710.65065 WENTWORTH TIRE SERVICE RECAP TIRES 326.98 7710.65065 WENTWORTH TIRE SERVICE TIRE REPAIR 48.00 7710.65065 WENTWORTH TIRE SERVICE NEW TIRES 929.92 7710.65065 WENTWORTH TIRE SERVICE RECAP TIRES 150.31 7710.65060 WEST SIDE TRACTOR CLAM BUCKET BLADES #681 698.28 7710.65035 PALATINE OIL COMPANY, INC FUEL PURCHASES FOR 2013 1,065.60 7710.65035 PALATINE OIL COMPANY, INC FUEL PURCHASE FOR 2013 23,827.55 7710.65060 WEST SIDE TRACTOR FRONT LOADER REPAIR 32,021.03 7710.65015 1ST AYD CORP.SOLVENT AND SPRAY 902.66 7710.65015 1ST AYD CORP.OIL AND WATER DRUM 130.79 7710.65060 ADVANCED PROCLEAN, INC.POWER WASHES 629.00 7710.65060 AETNA TRUCK PARTS, INC.TRANSMISSION FILTER 10.68 7710.65060 AETNA TRUCK PARTS, INC.50 KEY BLANKS 147.94 7710.65060 ALLTECH AUTO INC.BODY REPAIRS #733 2,224.29 7710.65060 BILL'S AUTO & TRUCK REPAIR CIRCUIT BOARD #504 433.97 7710.65060 CARQUEST EVANSTON RETURNED PARTS 4.28- 7710.65060 CARQUEST EVANSTON RETURNED PARTS 40.55- 7710.65060 CARQUEST EVANSTON RETURNED PARTS 21.00- 7710.65060 CARQUEST EVANSTON RETURNED PARTS 48.64- 7710.65060 CHICAGO HARLEY-DAVIDSON MOTORCYCLE UPFIT #10 1,335.78 7710.65060 CHICAGO HARLEY-DAVIDSON MOTORCYCLE UPFIT #9 1,247.13 7710.65060 CHICAGO INTERNATIONAL TRUCKS FUEL LINE #328 55.20 7710.65060 CHICAGO INTERNATIONAL TRUCKS AIR INTAKE CLAMP #629 54.72 7710.65060 CHICAGO INTERNATIONAL TRUCKS BLOWER 7710.65060 164.65 7710.65060 CHICAGO INTERNATIONAL TRUCKS RESISTOR #926 52.50 22 *ADVANCED PAYMENTS205 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 CHICAGO PARTS & SOUND, LLC RETURNED PARTS 75.00- 7710.65060 CHICAGO PARTS & SOUND, LLC BRAKE PADS 291.02 7710.65060 CHICAGO PARTS & SOUND, LLC FUEL FILTERS 58.44 7710.65060 CHICAGO PARTS & SOUND, LLC FUEL ADDITIVE 88.92 7710.65060 CHICAGO PARTS & SOUND, LLC FAN ASSEMBLEY #59 848.53 7710.65060 CHICAGO PARTS & SOUND, LLC BRAKE KIT 417.84 7710.65060 CHICAGO PARTS & SOUND, LLC OIL FILTER 51.60 7710.65060 CHICAGO PARTS & SOUND, LLC ACCUMULATOR #35 137.86 7710.65060 CHICAGO PARTS & SOUND, LLC FUEL SENDER AND PUMP #53 354.75 7710.65060 CHICAGO PARTS & SOUND, LLC BRAKE PADS & ROTORS 578.40 7710.65060 CHICAGO PARTS & SOUND, LLC BRAKE JOB #166 272.72 7710.65060 CHICAGO PARTS & SOUND, LLC BRAKE ROTORS 587.93 7710.65060 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 171.87 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 117.74 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 117.74 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 166.26 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 166.26 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 182.61 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 182.28 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 182.28 7710.65035 CITY WELDING SALES & SERVICE WELDING REPAIRS 76.40 7710.65060 CUMBERLAND SERVICENTER COMPRESSOR INSTALL #721 3,722.28 7710.65060 CUMBERLAND SERVICENTER PISTON PARTS 845.51 7710.65060 CUMBERLAND SERVICENTER GRAB HANDLE #713 65.07 7710.65060 CUMBERLAND SERVICENTER TURN SIGNAL SWITCH #712 164.20 7710.65060 CUMBERLAND SERVICENTER TRANSMISSION TEMP GAUGE #716 66.56 7710.65060 DUXLER TIRE & CAR CENTER ALIGNMENT #67 129.00 7710.65060 EQUIPMENT DEPOT HOSE REPLACEMENT 571.43 7710.65060 EVANSTON AUTO GLASS INSTALL WINDOW #24 75.00 7710.65060 EVANSTON AUTO GLASS INSTALL WINDOW #35 75.00 7710.65060 EVANSTON AUTO GLASS REAR DEFROSTER REPAIR #348 45.00 7710.65050 EVANSTON CAR WASH & DETAIL EPD CAR WASHES 168.00 7710.65050 GEIB INDUSTRIES, INC.HOSE #328 7.89 7710.65050 GLOBAL EMERGENCY PRODUCTS, INC TRUCK LIGHT-LITE AMBER 184.79 7710.65050 GLOBAL EMERGENCY PRODUCTS, INC SWITCH ROCK 58.19 7710.65050 GLOBAL EMERGENCY PRODUCTS, INC SEAT BELT 384.93 7710.65050 GLOBAL EMERGENCY PRODUCTS, INC SLEEVE KIT 127.39 7710.65050 GLOBAL EMERGENCY PRODUCTS, INC POWER STEERING 277.83 7710.65050 GLOBAL EMERGENCY PRODUCTS, INC LOW COOLANT PROBE 117.00 7710.65050 GLOBAL EMERGENCY PRODUCTS, INC HYDRAULIC CAB LIFT 1,241.82 7710.65085 GLOBAL EQUIPMENT CO.TIRE RACK SHOP 311.93 7710.65060 GROVER WELDING COMPANY WELD REPAIR 168.03 7710.65060 GROVER WELDING COMPANY WELD REPAIR #704 625.12 7710.65060 GROVER WELDING COMPANY JACK STANDS 615.69 7710.65060 CARQUEST EVANSTON AIR LINE ADAPTOR 40.80 7710.65060 CARQUEST EVANSTON AIR FILTER 16.38 7710.65060 CARQUEST EVANSTON LIGHT BULBS 69.40 7710.65060 CARQUEST EVANSTON EXHAUST CLAMP 10.26 7710.65060 CARQUEST EVANSTON BRAKE SHOES 42.04 7710.65060 CARQUEST EVANSTON MINIATURE LAMP 6.20 23 *ADVANCED PAYMENTS206 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 CARQUEST EVANSTON WIPER MOTOR 75.39 7710.65060 CARQUEST EVANSTON OIL FILTER 53.98 7710.65060 CARQUEST EVANSTON AIR FILTER 22.83 7710.65060 CARQUEST EVANSTON AIR FILTER 8.29 7710.65060 CARQUEST EVANSTON SWAY BAR LINK #79 81.10 7710.65060 CARQUEST EVANSTON SWAY BAR LINK 129.74 7710.65060 CARQUEST EVANSTON SWAY BAR LINK #79 40.55 7710.65060 CARQUEST EVANSTON BOLTS 7.82 7710.65060 CARQUEST EVANSTON CALIPER BOLT #57 14.57 7710.65060 CARQUEST EVANSTON FUEL CAP 10.23 7710.65060 CARQUEST EVANSTON O-RINGS 33.50 7710.65060 CARQUEST EVANSTON HOSE 144.00 7710.65060 CARQUEST EVANSTON SEA FOAM MOTOR TREATMENT 36.75 7710.65060 CARQUEST EVANSTON REAR BRAKE #763 81.78 7710.65060 CARQUEST EVANSTON TRANS LINE 31.68 7710.65060 CARQUEST EVANSTON AIR FILTER 8.09 7710.65060 CARQUEST EVANSTON AIR FILTER 16.18 7710.65060 CARQUEST EVANSTON AIR FILTER-HD 153.34 7710.65060 CARQUEST EVANSTON BRAKE WHEEL #763 47.40 7710.65060 CARQUEST EVANSTON HIGH TEMP SILICONE 29.42 7710.65060 CARQUEST EVANSTON AIR FILTER 3.67 7710.65060 CARQUEST EVANSTON AIR FILTER 14.68 7710.65060 CARQUEST EVANSTON SWAY BAR FRAME 24.32 7710.65060 CARQUEST EVANSTON SWAY BAR BUSHINGS 48.64 7710.65060 CARQUEST EVANSTON TAIL LIGHT 154.48 7710.65060 CARQUEST EVANSTON MINIATURE LAMP 11.10 7710.65060 CARQUEST EVANSTON MINIATURE LAMP 11.10 7710.65060 CARQUEST EVANSTON OIL FILTERS 31.62 7710.65060 CARQUEST EVANSTON BRAKE LINES 51.18 7710.65060 CARQUEST EVANSTON FUEL FILTER 42.46 7710.65060 CARQUEST EVANSTON FILTERS #325 43.08 7710.65060 CARQUEST EVANSTON BRAKE HOSE #72 20.34 7710.65060 CARQUEST EVANSTON TURN SIGNAL SWITCH 77.42 7710.65060 GOLF MILL FORD AXEL #40 266.81 7710.65060 GOLF MILL FORD REAR GEAR OIL 66.04 7710.65060 GOLF MILL FORD FUEL FILTERS 71.30 7710.65060 GOLF MILL FORD BLEND DOOR MOTORS 125.02 7710.65060 GOLF MILL FORD MODULE #528 258.39 7710.65060 GOLF MILL FORD SHAFT #57 326.70 7710.65060 GOLF MILL FORD BLEND DOOR MOTOR 125.02 7710.65060 GOLF MILL FORD FUEL SHUT OFF SWITCH #53 57.10 7710.65060 GOLF MILL FORD FUEL LINER 376.25 7710.65060 GOLF MILL FORD FRONT PADS/ROTORS #619 228.39 7710.65060 GOLF MILL FORD FORD OEM PARTS & SERVICE 177.62 7710.65060 GOLF MILL FORD WINDOW REGULATOR 71.84 7710.65060 GOLF MILL FORD DOOR HANDLE #549 14.12 7710.65060 GOLF MILL FORD WINDOW REGULATOR #35 71.84 7710.65060 GOLF MILL FORD BRAKE REPAIR #621 223.59 7710.65060 GOLF MILL FORD OUTSIDE REPAIR EXHAUST 316.91 7710.65060 GOLF MILL FORD MULTIPLE REPAIRS #56 2,405.84 24 *ADVANCED PAYMENTS207 of 651 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 GOLF MILL FORD TRUNK HATCH REPAIR #43 115.85 7710.65060 GOLF MILL FORD FUEL FILTER HOSE #551 348.81 7710.65060 GOLF MILL FORD FUEL FILTER #620 275.23 7710.65060 GOLF MILL FORD THROTTLE BODY REPAIRS #31 247.85 7710.65060 HAVEY COMMUNICATIONS INC.CAR CAMERA #48 350.00 7710.65060 HAVEY COMMUNICATIONS INC.REPAIR LIGHT CONTROL 197.90 7710.65035 PALATINE OIL COMPANY, INC FUEL PURCHASE FOR 2013 23,590.14 148,431.11 148,648.55 00601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 7780.62375 UNITED RENTALS ROLLER RENTAL 2,557.67 7780.65550 CURRIE MOTORS 8 NEW REPLACEMENT VEHICLES 190,539.98 193,097.65 193,097.65 00605 INSURANCE FUND 7800 RISK MANAGEMENT 7800.66044 STATE TREASURER, ILLINOIS WORK WORKERS COMP 2,242.40 7800.62266 CANNON COCHRAN MANAGEMENT WORKER'S COMPENSATION 12,155.00 14,397.40 7801 EMPLOYEE BENEFITS 7801.66050 BAZAN, DAMIAN R.REIMBURSEMENT EYE EXAM 140.00 7801.66050 HSA BANK MONTHLY ACCOUNT FEES 21.00 7801.66054 SENIORS CHOICE MONTHLY INVOICE 1,748.70 1,909.70 16,307.10 00700 FIREFIGHTERS PENSION FUND 8000 FIREFIGHTERS' PENSION 8000.61755 MESIROW FINANCIAL *FIDUCIARY LIABILITY INSURANCE 10,498.00 10,498.00 10,498.00 4,525,035.66GRAND TOTAL 25 *ADVANCED PAYMENTS208 of 651 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT HOME VARIOUS BRINSHORE DEVELOPMENT LLC NSP2 REAL ESTATE ACTIVITIES #56 16,592.62 16,592.62 INSURANCE VARIOUS VARIOUS WORKERS COMP 117,816.70 117,816.70 NSP2 VARIOUS BRINSHORE DEVELOPMENT LLC NSP2 REAL ESTATE ACTIVITIES #56 227,658.23 227,658.23 SEWER 7575.68305 IEPA LOAN DISBURSEMENT SEWER FUND 200,838.94 200,838.94 562,906.49 Grand Total 5,087,942.15 PREPARED BY DATE APPROVED BY DATE CITY OF EVANSTON BILLS LIST CURRENT YEAR PERIOD ENDING 10/29/2013 26 *ADVANCED PAYMENTS209 of 651 For City Council Meeting of October 28, 2013 Item A3 Business of the City by Motion: Emerson/Ridge/Green Bay Improvements 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 Rajeev Dahal, Senior Project Manager Subject: Phase I Preliminary Engineering Services Agreement for Emerson Street/Ridge Avenue/Green Bay Road Corridor Improvements (RFQ 13- 12) Date: October 28, 2013 Recommended Action: Staff recommends approval of a professional services agreement for the Phase I Preliminary Engineering Services with ESI Consultants, Ltd., (1979 N. Mill Street, Suite 100, Naperville, IL 60563) in the amount of $398,667.00 for the Emerson Street/Ridge Avenue/Green Bay Road Corridor Improvement Project. Funding Source: Funding for this work will be from the FY 2013 and FY 2014 CIP Fund (415942.65515) in the amount of $400,000.00 Summary: The City has received an approval for a grant in the amount of $1,085,105.00 from the Federal Surface Transportation Program (STPU) to improve the intersection of Emerson Street, Ridge Avenue, and Green Bay Road. At the time of the application for the STPU grant, the project limits were at the multi-legged Emerson Street / Ridge Avenue / Green Bay Road Intersection. The grant will share the cost for the project’s future engineering design and the construction phase. The intersection of Emerson Street/Ridge Ave/Green Bay Road is the gateway to the City’s downtown area, an important interconnection linkage for our multimodal transportation sytem, and has a large impact on the efficient operation of several major corridors in the City. With that, we now recommend to include in the project study area three distinct but interdependent locations: Memorandum 210 of 651 1- The intersection of Emerson Street/Ridge Ave/Green Bay Road, including a. Emerson Street (Asbury Avenue - Benson Avenue) b. Ridge Avenue (Church Street - Simpson Street) c. Green Bay Road (Ridge Avenue - Simpson Street) 2- Ridge Avenue (Dempster Street - Church Street) 3- Green Bay Road (Simpson Street to McCormick Bouvard) The preliminary engineering services and evaluation include: • Community Outreach • Traffic Data Collection • Future Years Travel Demand • Traffic Simulation Modeling • Civil Engineering Surveying • Storm Water Run-Off Review and Analysis • Street Lighting Evaluation • Sustainability Reviews • Streetscape/Landscape Concepts • Pedestrian Access and Safety • Bike Traffic • Enviromental Enhancements and Aesthetics • Matrix of Alternatives To begin the project, Public Works Department issued a request for qualifications (RFQ # 13-12) for the Statement of Qualifications for the preliminary engineering and construction administration services, qualifications and experience, key technical staff, and the participation of M/W/EBE. Sixteen (16) engineering firms responded to the request and submitted proposals. A selection team consisting of the Director of Public Works, Assistant Director for Infrastructure & Engineering, Planning Division Manager, Senior Engineers, Operations Manager and the Interim Purchasing Manager reviewed the submitted proposals. The following is the cumulative ratings for the five (5) engineering firms that were interviewed. Organization, Content and Completeness of Proposal (30%) Firms Qualification and Expertise (30%) Experience of Staff Assigned to the Project (30%) M/W/EBE Participation (10%) Total (100%) ESI Consultants 28.75 28.25 27.25 10 94.25 Infrastructure Engineering 27.25 26 27.25 10 90.50 211 of 651 Civiltech Engineering 26 26 26.5 10 88.50 Thomas Engineering 24.75 25.75 26.50 10 87.00 Fehr Graham Engineering 24.75 24 25.5 10 84.25 Based on the final score, ESI was selected as the best candidate to provide the engineering services. They have an extensive municipal engineering experience including major construction and rehabilitation, drainage, traffic studies and signal upgrade design experience. The next step in the process was to finalize a scope and negotiate cost. They are satisfying their M/W/EBE goal by having DDI Printing, Morrealle Public Affairs and C&M Associates, Inc., 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 Business Diversity Compliance Officer, as indicated in the attached memo. Upon successful completion of the Phase I Preliminary Engineering Services, the City will negotiate with ESI the scope and contract for Phase II Engineering and Construction Administration services with review and approval by IDOT. -------------------------------------------------------------------------------------------------------------------- Attachments: Consultant’s Scope of Services Cost Estimate of Consultant Services M/W/EBE Memo 212 of 651 City of Evanston RFQ 13-12 Emerson Street / Ridge Avenue / Green Bay Road Improvements Scope of Services White Paper October 24, 2013 Introduction After an extensive Qualifications Based Selection process the City of Evanston has selected ESI Consultants, Ltd for RFQ 13-12 Emerson Street / Ridge Avenue / Green Bay Road Improvements Project. While the selection is for Phase 1 (Studies), Phase 2 (Plans Specifications and Cost Estimates) and Phase 3 (Construction Engineering services), the scope of work and initial agreement initially includes only Phase 1 (Studies) since the order of magnitude for the Phase 2 and Phase 3 services is not yet sufficiently defined. Phase 2 and Phase 3 services may be added to the agreement by way of a supplement when the Phase 1 studies have better defined the order of magnitude for the scope of these services. The requested scope of services is based on the initial RFQ and addendum as well as the questions and responses posed at the interview and subsequent negotiations. It should be noted that this project study has several unique characteristics that makes it challenging to define the scope of services during the study phase. The project is defined as an intersection improvement to the multi-legged Emerson Street / Ridge Avenue / Green Bay Road Intersection. This is a component of the project that has a somewhat defined scope and partial potential funding source (CMAP North Shore Council, STP funds). Additionally, this project includes a much broader scope addressing regional traffic concerns and providing a gateway to the City’s downtown area and an important interconnection linkage for multimodal transportation issues. The diversity of this study is better understood when considering that the range of the potential construction costs considered can be as little as approximately $2,000,000 (for a “basic” improvement to only the Emerson Street / Ridge Avenue / Green Bay Road Intersection) to a use of TIGER funding – which requires a minimum cost of $10,000,000 – a minimum of a five-fold difference. Furthermore, the City’s desired goals of extensive community outreach and providing an environmentally and aesthetically enhanced outcome further adds to the uniqueness of this project – that is, it is not a simple intersection improvement Project Understanding The intersection of Emerson Street and Green Bay Road/Ridge Avenue provides a main transportation access to the Downtown City of Evanston and to Northwestern University campus. City of Evanston's transportation system is multimodal in nature, with significant trips on cars, bicycles, pedestrians and public transit. Metra and the Chicago Transit Authority provide transit services to the region resulting in pedestrian and bicycle traffic along city streets connecting to the transit stations and bus stops. Metra service is provided along the Union Pacific Corridor which blocks the continuity of both north-south and east-west streets with crossings approximately 1,500 feet north and south of the Emerson Street underpass. As pedestrian and bicycle traffic are evident at the Church Street and Davis Street crossings, they seem lacking at the Emerson Street crossing. The study led by ESI Consultants intends to improve the intersection based on feedback from the community and an assessment of existing and future conditions in the context of the regional transportation system. Page 1 213 of 651 The proposed approach will consist of a data collection process and notification to regional transportation agencies to minimize duplication of efforts. Based on the data, the ESI Team will develop a traffic model, utilizing Synchro and / or VISSIM software, replicating existing conditions in order to evaluate alternatives developed through the study process. Findings from the analysis will be the basis for the improvements to the Emerson Street / Green Bay Road/Ridge Avenue intersection. The ESI Team will extend the project limits along Ridge Ave from Davis St to Dempster St. Since the intersections along this corridor are reported to experience significant crashes, and since it is immediately south of the study area and will be impacted by the proposed Emerson St / Ridge Ave / Green Bay Road intersection project it is important to study these locations concurrently. Currently, Green Bay Road north of the Evanston City limits is a 3 lane cross section for several miles. Therefore the only 4 lane section of Green Bay Road exists between the proposed intersection improvements at Emerson / Ridge / Green Bay Roads and the north limits of Evanston. Due to the lane configurations and the impacts of any improvements at the Emerson / Ridge / Green Bay Roads intersection on this segment of Green Bay Road, the City would like to evaluate the potential of improving Green Bay Road from the Emerson / Ridge / Green Bay Road intersection to McCormick Blvd. The goal would be to potentially allow for a more pedestrian / bicycle / transit friendly route while potentially improving traffic safety and traffic flow (or minimizing such impacts). Due to the cross relational impact of modifying Green Bay Road and the Green Bay Road / Emerson Street / Ridge Avenue intersection, it is vital to perform these two studies at the same time. Study Area The Study Area includes three distinct but interdependent locations: 1- The intersection of Emerson Street/Ridge Ave/Green Bay Road including Emerson Street from Asbury Avenue to Benson Avenue, Ridge Ave. from Church Street to Simpson Street, and Green Bay Road from Ridge Ave to Simpson Street. 2- Ridge Ave from Church Street to Dempster Street with analysis limited to traffic impacts (including transit, bicycle, and pedestrian) in the corridor, environmental issues screening and concept level geometric evaluations. 3- Traffic impact analysis for Green Bay Road from Emerson St to the McCormick Blvd. The purpose of this traffic analysis is to determine alternatives for the Green Bay Road corridor to improve safety and accessibility for all roadway users. The analysis will be limited to traffic impacts (including transit, bicycle, and pedestrian) in the corridor (including Synchro traffic modeling evaluations of signal interconnect), environmental issues screening and concept level geometric evaluations. Task 1. Project Initiation and Kick Off Meeting The consultant team will meet with City staff for a project initiation meeting to review the scope of services and project schedules. The purpose of the meeting will be to confirm project scope and priorities, establish communication protocols and to confirm the preliminary project schedule. Task 2. Existing Information Review and Meetings with Stakeholders The consultant team will develop a project stakeholders meeting in coordination with City of Evanston Project Manager. The consultant team will meet with project stakeholders to obtain existing information in regards to transportation, special events and land use. The consultant team will then review information provided by project stakeholders, primarily existing traffic studies, traffic data and prospective special events and land development. The consultant team will coordinate with Chicago Page 2 214 of 651 Metropolitan Agency for Planning (CMAP) to project future traffic volumes. Based on the review of existing information and results from meetings, the consultant team will develop a data collection plan. Task 3. Data Collection General Data Collection City will provide information related to existing utilities including but not limited to storm sewer, sanitary sewer, traffic signal plans including any interconnect systems within the area, recent and pending proposed developments in the project vicinity, prior studies, information related to any proposed improvements and any additional data deemed pertinent to the ESI Team. The ESI Team will coordinate with CMAP regarding regional traffic modeling and transportation issues. The ESI Team will also coordinate with other known private utilities (ComEd, NICOR, AT&T, etc) for existing plans. The ESI Team will also coordinate with IDOT and other agencies regarding environmental reviews, floodplain issues and other environmental issues required for federal funding. Traffic Data Collection The data collection plan will consist of traffic counts, pedestrian counts, bicycle counts, and field surveys, complementing data collected from stakeholders and previous traffic studies and surveys. The following data may be needed to conduct the study. Automated Traffic Counts The purpose of traffic counts is to get representative daily counts every 15 minutes in each direction to validate and calibrate transportation models, as well as to calculate current levels of service. Twenty-four hour-automatic traffic counts will be collected for the following locations (6 total): 1. Emerson Street (2 locations) 2. Asbury Avenue (1 location) 3. Green Bay Road (1 location) 4. Ridge Avenue (2 locations) Average travel speeds Collect seven-day, 24-hours information if available from web sources for the links mentioned in the traffic counts. Intersection traffic counts and Queue observations All-movement manual traffic counts will be conducted from 6am to 6pm (12 hours counts). During the counts, queues will be recorded every 30 minutes for each of the approaches at the following intersections: 1. Ridge Avenue at Church Street 2. Ridge Avenue at Green Bay Road at Emerson Street (multi-leg intersection) 3. Ridge Avenue at Simpson Street 4. Green Bay Road at Simpson Street 5. Emerson Street at Asbury Avenue 6. Emerson Street at Maple Avenue 7. Emerson Street at Elgin Road at Benson Street (multi-leg intersection) Task 4. Surveying The ESI Team will perform limited topographic survey pickup for the Emerson Street / Ridge Avenue / Green Bay Road Intersection. The survey will include up to two days of topographic survey pickup for a Page 3 215 of 651 two person crew (a full topographic survey will be conducted when the project moves to phase 2). The general limits of survey will be the following locations: 1. Emerson Street – from Asbury Avenue to Benson Street (at Elgin Road) 2. Ridge Avenue – from north of Davis Street to Simpson Street 3. Green Bay Road – from Ridge Avenue to Simpson Street 4. Asbury Avenue – from Emerson Street to Green Bay Road Task 5. Future Years Travel Demand The ESI Team will coordinate with CMAP for future years demand. These will be incorporated into the report, but the analysis of future year travel demand will not be included within the simulation model and traffic analysis. Task 6. Green Bay/Emerson/Ridge Simulation Model Develop a simulation base model for the Green Bay/Emerson/Ridge location. The overall limits will be: 1. Ridge Avenue from Dempster Street to Simpson Street (see Task 18 for additional scope clarifications) 2. Emerson Street from Asbury Avenue to Elgin Road 3. Green Bay Road from Ridge Avenue to McCormick Blvd (see Task 19 for additional scope clarifications) Task 7. Traffic Analysis / Matrix of Alternatives Prepare a crash analysis for the Green Bay/Emerson/Ridge intersection within the study limits. Evaluate improvement alternatives for the Green Bay/Emerson/Ridge intersection utilizing the calibrated simulation model and determine its measures of effectiveness. The ESI team will develop Matrix of Alternatives for the improvements at the Green Bay/Emerson/Ridge intersection. The initial alternatives will be at a conceptual level for review/discussion with City. The Matrix will include conceptual level “piece meal” improvements that may be combined for a more comprehensive solution. This will show potential benefits along with potential costs / impacts on a concept level. Based on feedback from City, we will evaluate alternatives in order to develop up to two recommended overall concepts for improvement alternatives. These recommended concepts will be presented to the City and, the Advisory Committee, for feedback. With additional feedback from City, Advisory Committee and public, perform further evaluation of alternatives, and develop final recommended plan improvement. Task 8. Storm Water Evaluations / Drainage Report Review existing and evaluate proposed storm water / drainage – includes evaluations of up to 1 concept alternative solution at the Green Bay/Emerson/Ridge intersection. The solution may include items such as bio-swales, permeable pavement, rain gardens, and other “eco-friendly” improvements. The area to be evaluated includes the catchment areas for the immediate intersection region limited to the area of reconstructed pavement (intersection plus 1000 ft in either direction) Task 9. Draft Project Report - Project Development Report An IDOT standard Project Development Report (PDR) for the intersection improvement will be prepared. Page 4 216 of 651 Prepare a report summarizing the finding of the study limited to the intersection of Emerson St/ Green Bay Rd/ Ridge Ave in a format suitable for submission to IDOT utilizing IDOT BLR 22210 form in accordance with the IDOT Bureau of Local Roads Manual. • Prepare exhibits including plan sheets, geographic information, and other data • Submit to the City for review and approval (up to 5 copies). • If necessary, address review comments and resubmit to the City for approval up to one (1) time (up to 5 copies). • Submit City approved Draft Report to IDOT Local Roads for review and comment (up to 1 time) Task 10. Final Project Report - Project Development Report Revise report and exhibits; submit Final PDR of the study limited to the intersection of Emerson St/ Green Bay Rd/ Ridge Ave to IDOT and the City for approval up to one (1) time (up to 5 copies). Task 11. Project Administration and Coordination Includes coordination for staff assignments, invoicing, scheduling, coordination with Client, IDOT and FHWA. Also includes attendance at up to 2 IDOT / FHWA coordination meetings and monthly status update reports provided to City. Task 12. Community Outreach / Public Involvement Community/Business Relations It is important to engage the community early and often. The ESI Team will work with the City of Evanston to ensure broad stakeholder participation as well as a communications strategy designed to distribute up-to-date information in addition to gathering stakeholder feedback. We will work through the Chamber during the planning phase to get them engaged and ultimately earn their support. By identifying stakeholders early in the process, the community will rally around this initiative and be proud of an inclusive communications campaign that will help show people the value and benefits of their community and this project. We will promote project safety, improved accessibility as well as environmental and beautification efforts. Advisory Panel The advisory panel will be representative of the community at large by connecting with a variety of local organizations on a regular basis to share information and gather critical feedback. It is anticipated that the advisory panel will consist of up to 11 members. The panel will meet up to 3 times during the planning phase of the project to serve as the voice of the community at large by providing direction and feedback as plans for intersection improvements develop. The group may include business leaders, education institutions, community groups, recreational interests, residents and others. The Advisory Group will serve as project ambassadors within the community to increase awareness about the project, keep the public educated about the benefits of the project in addition to how it will impact pedestrians, motorists and businesses as the project progresses. The ESI Team will manage and staff the meetings, prepare the agenda and collateral materials, take meeting minutes and work with participants, Evanston and others on follow-up items. The ESI Team will be responsible for communication with advisory panel members to keep them up to date and involved throughout the process via our meetings and emails. Page 5 217 of 651 Public Meetings We have included up to three public meetings to gather community feedback and provide stakeholders with project updates. ESI will plan, manage and execute all event management aspects of the public meetings in support of the design efforts. ESI will provide you with cost effective meeting options to engage the community. ESI will handle the planning details while your focus remains on project goals. The first meeting will be for project introduction to inform the community of the study, to provide data from initial findings and to present the estimated schedule along with methods for community input. The second meeting will be to present initial concept alternatives and receive feedback from the public. The public input will be reviewed / analyzed for the final preferred alternative. The third meeting will be to present the results of the study based on the technical evaluations as well as Advisory Panel input and City / IDOT / FHWA comments. ESI Team responsibilities include: • Overall event management; • Venue research, site-inspection, comparison and selection; • Meeting planning and conference services and production scheduling; • Audio-visual procurement, production and technical support; • Contract authorization, price negotiations and manage billing process with strategically sourced vendors; • Research, source and manage liability insurance requirements; • Manage, maintain and report budget status; • Manage event communication / invitation process; • Online registration management including name badge fulfillment and customer service both pre-event, on-site and post event: • Manage event follow-up to measure success of meetings and prepare a summary of stakeholder feedback. • It is assumed that the meeting location will be at a City owned venue with no costs to the project Website The ESI Team recommends creating a project specific website with a link on the City of Evanston’s website home page. The website will serve as an information portal related to the project including: • Calendar of events • Community benefits • Community outreach efforts • Project scope and timeline • Public meeting information • Photo gallery • Design options • Beautification/environmental goals • Contact information The ESI Team will write content and design the website. The ESI Team will set up, host and maintain the website, which will be accessible via a link on the Evanston website. This will include updating Page 6 218 of 651 photos, press clips and relevant information on a regular basis (up to 3 updates). Our communications strategy will help to drive traffic to the website where we will encourage visitors to sign up for email alerts so we can keep them up to date on project progress. Task 13. Railroad Coordination Data Collection For the Green Bay/Emerson/Ridge intersection, obtain data from Union Pacific Railroad and Metra regarding the existing facilities including structure plans, track and switch layouts and location of signals. Obtain train schedule data and operating/construction restrictions. Data Review Review data and become fully familiar with the facility layouts and train operations. Railroad Coordination Meetings Telephone conference with Union Pacific and Metra Engineering staff to review alternatives, discuss any potential impacts to railroad facilities or operations, and discuss design commitments and/or restrictions. Joint meeting with both railroads will be conducted during phase 2. Time also included for preparation of general exhibits for work affecting railroad facilities. Prepare and distribute teleconference minutes. ICC Grade crossing Applications Evaluate ICC issues based on the conceptual level of detail during Phase 1. Preparation of the initial ICC Grade Crossing applications for work under, on or directly adjacent to any railroad facilities will be included in Phase 2. Task 14. Phase 1 Lighting Data Collection Obtain lighting plans from City, County and IDOT for all streets within the Green Bay/Emerson/Ridge intersection. Obtain standards of all agencies for poles, luminaries, lighting levels and other statutory and community requirements. Existing Lighting Review Review existing lighting plans. Proposed Lighting Recommendations Develop or enhance guidelines for a lighting plan that includes the intersection of Emerson Street / Ridge Ave / Green Bay Road as well as each approach. Make recommendations for specific area or activity treatments including under viaducts, special public spaces, parks, streets and alleys. Explore lighting types and styles and generally review cost vs. efficiency including life cycle costs for maintenance and make recommendations on styles. Review recommendations and suggestions from public input and provide necessary data to respond to the suggestions (pro/con). Task 15. LEED/I-LAST Implementation I-LAST Check List Review the recently adopted Illinois - Livable and Sustainable Transportation (I-LAST) Rating System and Guide from IDOT and create a checklist of opportunities specific to the project that will be Page 7 219 of 651 distributed to all team members for use in preparation of designs throughout the project. Establish a Rating Goal for the project and highlight areas that are key to achieving the goals. Distribute information to explain the goals to the team members and encourage innovation to exceed the project goal. Project Sustainability Exhibits Develop up to one exhibit that highlights the project’s sustainable features for use at public hearings. Exhibits may include charts and graphs to show potential product consumption savings, environmental benefits, best management practices, innovation and progress toward meeting the project rating goals. Also, highlight cost savings of sustainable elements both short term and long term. Sustainability Reviews Conduct sustainability reviews of the project at key submittals and prepare a report on the key sustainable elements of the project, progress toward meeting the ratings goal, and implementation recommendations going forward to ensure sustainable measures are being followed in all aspects of the design. Task 16. Landscape / Streetscape issues Site Landscape Inventory Assessment The ESI Team will review the existing conditions of the site area with a focus on the existing landscape and site features found in the Green Bay/Emerson/Ridge intersection including up to one meeting. The ESI Team will review the existing conditions of the site intersection area with a focus on the existing landscape and site features found. Preliminary Streetscape Design Concepts The ESI Team will prepare up to one streetscape design concept for the Green Bay/Emerson/Ridge intersection based on the recommended concept plan. This will be a coordinated effort among the team to design an aesthetic planning overlay based on the transportation engineering solution. The design focus will be on developing a public space that provides appropriate hardscape staging areas as well as landscaped gardens that focus on green site applications. A general outline of budget allowances from these concept drawings will be reviewed. We have included up to one meeting in this step. Schematic Site Streetscape Intersection Design The ESI Team will prepare a final schematic site design of the streetscape intersection. A general outline of a budget allowance from the drawings will be reviewed and agreed upon. From this review, the site design will be finalized into the future next phase of services (final plans and specifications). The deliverables will include a color site plan depicting the streetscape design of the intersection, selected enlargement site areas, material selection image board. This includes up to one meeting (Advisory Committee) for review and comment. Task 17. Preliminary Engineer’s Opinion of Construction Cost Estimate Develop concept level Preliminary Engineer’s Opinion of Construction Cost Estimate for the preferred alternative and incorporate into project programming (with up to one revision / update) . Develop up to one concept level funding matrix illustrating potential funding sources, timelines and funding needs for the project through construction completion including engineering and construction. Page 8 220 of 651 Task 18. Ridge Avenue Corridor - Davis Street to Dempster St The ESI Team will extend the project limits along Ridge Ave from Davis St to Dempster St. Since the intersections along this corridor are reported to experience significant crashes, and since it is immediately south of the study area and will be impacted by the proposed Emerson St / Ridge Ave / Green Bay Road intersection project it is important to study these locations concurrently. The analysis will be limited to traffic impacts (including transit, bicycle, and pedestrian) in the corridor, environmental issues screening and concept level geometric evaluations, but will not be a full Phase 1 study. The analysis will include the following components (utilizing the methods as previously stated): Data Collection • General data collection • Automated traffic counts o Ridge Avenue – 2 locations o Davis Street – 2 locations • Intersection traffic counts and queue observations (5 locations) o Ridge Avenue at Davis Street o Ridge Avenue at Grove Street o Ridge Avenue at Lake Street o Ridge Avenue at Greenwood Street o Ridge Avenue at Dempster Street • Signal Warrant Analysis at Ridge / Grove and Ridge / Greenwood • Traffic Modeling o A simulation model for the Ridge Avenue rom Davis to Dempster will be prepared utilizing Synchro • Traffic Analysis / Matrix of Alternatives o Analysis will include the existing conditions and up to 2 alternatives • Safety Study • Project Administration and Coordination • Preliminary Engineers Opinion of Construction Cost Estimate o Incorporate this intersection into the overall cost estimate • Community Outreach / Public Involvement o The Ridge Avenue corridor from Davis to Dempster will be included within the same meetings as the other portion of the study. Additional meetings will not be held exclusively for this portion. o Information for Ridge Avenue corridor from Davis to Dempster will be provided on the website This analysis is to determine the traffic and safety impacts (including bicycles and pedestrians) at the Ridge from Davis to Dempster location and will not include: • Storm Water / Drainage review or analysis • Preparation/inclusion within the Project Development Report • Full Environmental review • Railroad coordination • Phase 1 lighting • LEED / I-LAST implementation • Landscape / Streetscape Page 9 221 of 651 The deliverable will include a Technical Report addressing the potential to convert the existing configuration to an alternative configuration. Due to the anticipated issues related to crash history, also included in these services is an application for HSIP funding for this location which potentially could fund any additional improvements. Task 19. Green Bay Road –Traffic Impact Analysis Currently, Green Bay Road north of the Evanston City limits is a 3 lane cross section for several miles. Therefore the only 4 lane section of Green Bay Road exists between the proposed intersection improvements at Emerson / Ridge / Green Bay Roads and the north limits of Evanston. Due to the lane configurations and the impacts of any improvements at the Emerson / Ridge / Green Bay Roads intersection on this segment of Green Bay Road the City would like to evaluate the potential of improving Green Bay Road from the Emerson / Ridge / Green Bay Road intersection to McCormick Blvd. The goal would be to potentially allow for a more pedestrian / bicycle / transit friendly route while potentially improving traffic safety and traffic flow (or minimizing such impacts). Due to the cross relational impact of modifying Green Bay Road and the Green Bay Road / Emerson Street / Ridge Avenue intersection, it is vital to perform these two studies at the same time. The ESI Team will perform a traffic impact analysis for Green Bay Road from Emerson St to McCormick Blvd. The purpose of this traffic analysis is to determine the feasibility of modifying the Green Bay Road corridor to improve safety and accessibility for all roadway users. The analysis will be limited to traffic impacts (including transit, bicycle, and pedestrian) in the corridor, environmental issues screening and concept level geometric evaluations, but will not be a full Phase 1 study. The analysis will include the following components (utilizing the methods as previously stated): • Data Collection o General data collection o Automated traffic counts  Green Bay Road – 3 locations o Intersection traffic counts and queue observations (4 locations)  Green Bay Road at McCormick Boulevard  Green Bay Road at Noyes Street  Green Bay Road at Simpson Street  Green Bay Road at Asbury Street • Signal Warrant Analysis at Green Bay Road at Asbury Street • Surveying o One day of topographic survey pickup for a two person crew. o Green Bay Road from Emerson St to McCormick Blvd • Traffic Modeling o A simulation model for the Green Bay Road corridor will be prepared utilizing Synchro • Traffic Analysis / Matrix of Alternatives o Analysis will include the existing conditions and up to 1 alternatives • Environmental screening / Preliminary review of impacts • Project Administration and Coordination • Preliminary Engineers Opinion of Construction Cost Estimate o Develop a separate Engineers Opinion of Construction Cost Estimate for this segment based on the concept level design Page 10 222 of 651 • Community Outreach / Public Involvement o The Green Bay Road corridor will be included within the same meetings as the other portion of the study. Additional meetings will not be held exclusively for this portion. o Information for Green Bay Road corridor will be provided on the website This analysis is only to determine the traffic impacts (including bicycles and pedestrians) along Green Bay Road and will not include: • Storm Water / Drainage review or analysis • Preparation/inclusion within the Project Development Report • Full Environmental review • Railroad coordination • Phase 1 lighting • LEED / I-LAST implementation • Landscape / Streetscape The deliverable will include a Technical Report addressing the opportunities to improve the corridor for all modes of traffic. Special NOTE: This revised scope and fee requires that all tasks are approved at the same time with the work proceeding concurrently in order to gain efficiencies in the data collection and analysis END Page 11 223 of 651 DF-824-034 REV 12/04 PREPARED BY ESI Consultants, Ltd Printed 10/16/2013 COST ESTIMATE OF CONSULTANT SERVICES Firm ESI Consultants, Ltd.DATE 10/16/13 Route Emerson/Green Bay/Ridge Intersection Local Agency City of Evanston *actual agreement to be based on DLM with a not to exceed maximum Section OVERHEAD RATE 1.4068 Prime/Supplement Prime COMPLEXITY FACTOR 0 Project Job No. Type of Funding local DBE OVERHEAD IN-HOUSE Outside SERVICES % OF DROP TASK #ITEM MANHOURS PAYROLL &DIRECT FIXED Direct BY D/M/WBE TOTAL GRAND BOX FRINGE BENF COSTS FEE Costs OTHERS TOTAL TOTAL (A)(B)( C )(D)(E)(F)(G)(H)(B-G) 1 Project Initiation & Kick-off meeting 18 911.29 1,282.01 80.00 329.63 0.00 0.00 0.00 2,602.93 0.65% 2 Existing Information Review 16 739.70 1,040.61 200.00 287.14 0.00 967.10 967.10 3,234.55 0.81% 3 Data Collection 380 8,635.76 12,148.79 1,240.00 3,193.56 3,300.00 21,461.01 22,661.01 49,979.12 12.54% 4 Surveying 54 1,958.25 2,754.87 80.00 695.00 1,500.00 0.00 0.00 6,988.12 1.75% 5 Future Travel Demand 7 301.58 424.26 0.00 105.25 0.00 0.00 0.00 831.09 0.21% 6 Green Bay/Emerson/Ridge Simulation 130 5,354.06 7,532.09 0.00 1,868.49 0.00 11,161.78 11,161.78 25,916.41 6.50% 7 Traffic Analysis/Matrix of Alternatives 132 5,391.70 7,585.05 120.00 1,899.03 0.00 19,434.69 19,434.69 34,430.47 8.64% 8 Storm Water Evaluations 93 4,274.71 6,013.66 80.00 1,503.41 0.00 0.00 0.00 11,871.79 2.98% 9 Draft Project Report 160 6,427.03 9,041.55 0.00 2,242.95 800.00 0.00 800.00 18,511.53 4.64% 10 Final Project Report 58 2,415.06 3,397.50 0.00 842.82 800.00 0.00 800.00 7,455.39 1.87% 11 Project Administration 64 3,085.17 4,340.22 0.00 1,076.68 0.00 2,212.70 2,212.70 10,714.78 2.69% 12 Community Outreach/ Public Involvement 245 11,038.84 15,529.44 600.00 3,939.40 800.00 16,370.37 17,170.37 48,278.05 12.11% 13 Railroad Coordination 46 1,811.93 2,549.02 100.00 646.84 50.00 0.00 0.00 5,157.79 1.29% 14 Phase 1 Lighting 68 3,097.30 4,357.29 100.00 1,095.42 100.00 0.00 100.00 8,750.01 2.19% 15 LEED / I-LAST Implementation 51 2,146.79 3,020.11 0.00 749.20 300.00 0.00 300.00 6,216.10 1.56% 16 Landscape - Streetscape 49 1,945.16 2,736.45 0.00 678.83 0.00 5,000.00 0.00 10,360.44 2.60% 17 Cost Estimate 64 2,683.16 3,774.67 0.00 936.38 0.00 0.00 0.00 7,394.21 1.85% 18 Ridge Ave Corridor - Davis to Dempster 573 23,800.22 33,482.15 480.00 8,375.54 360.00 16,100.06 16,460.06 82,597.98 20.72% 19 Green Bay Rd Corridor - Asbury to McCormick 372 15,329.07 21,564.94 480.00 5,419.23 360.00 7,690.04 8,050.04 50,843.29 12.75% Subconsultant DL 6,532.91 6,532.91 1.64% TOTALS 2580 101,346.80 142,574.68 3,560.00 42,417.73 8,370.00 100,397.75 100,117.75 398,666.95 100.00% The fee assumnes all task will proceed concurrently and will have timely reveiws and a normal progression of work. D/M/WBE =25.1% This spreadsheet is for calcuation purposes only, actual payment will be based on the hours worked x direct labor multiplier (DLM) of 2.85 plus direct expenses and subcons. fees Cost Plus Fixed Fee 1: 14.5%[DL + R(DL) + OH(DL) + IHDC] COST PLUS FIXED FEE Exhibit A - Preliminary Engineering Compensation Calculation formula: 224 of 651 DF-824-034 REV 12/04 PREPARED BY ESI Printed 10/16/2013 City of Evanston Emerson/Green Bay/Ridge Intersection FIRM NAME ESI Consultants, Ltd.DATE 10/16/13 PRIME/SUPPLEMENT Prime Section No. CONTRACT TERM 12 MONTHS OVERHEAD RATE 140.68% START DATE 10/16/2013 COMPLEXITY FACTOR 0 RAISE DATE 4/1/2014 % OF RAISE 4.00% ESCALATION PER YEAR DETERMINE THE MID POINT OF THE AGREEMENT 6 CALCULATE THE ESCALATION FACTOR TO THE MIDPOINT OF THE CONTRACT 2.00% The total escalation for this project would be:2.00% PAYROLL ESCALATION TABLE ANNIVERSARY RAISES 225 of 651 DF-824-034 REV 12/04 PREPARED BY ESI Printed 10/16/2013 FIRM NAME ESI Consultants, Ltd.DATE 10/16/13 PRIME/SUPPLEMENT Prime Section ESCALATION FACTOR 2.00% CLASSIFICATION CURRENT RATE CALCULATED RATE President / Principal **$70.00 $70.00 ** capped at $70 / hr per IDOT Vice President / Director $68.57 $69.94 Senior Manager $61.00 $62.22 Senior Consultant $58.00 $59.16 Sr. Project Manager $56.25 $57.38 Project Manager $44.96 $45.86 Senior Resident Engineer $42.35 $43.20 Structural Project Manager $49.75 $50.75 Senior Structural Proj Eng $41.70 $42.53 Resident Engineer 2 $29.15 $29.73 Project Engineer/ RE 1 $34.28 $34.97 Engineer 3 $29.65 $30.24 Engineer 2 $28.00 $28.56 Engineer 1 $26.85 $27.39 Senior Technician $30.01 $30.61 Technician 3 $28.40 $28.97 Technician 2 $20.00 $20.40 Technician 1/Intern $13.30 $13.57 Admininstrative Associate 3 $24.85 $25.35 Admininstrative Associate 2 $18.50 $18.87 Admininstrative Associate 1 $15.35 $15.66 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PAYROLL RATES 226 of 651 DF-824-034 REV 12/04 PREPARED BY ESI Printed 10/16/2013 Subconsultants FIRM NAME ESI Consultants, Ltd.DATE 10/16/13 PRIME/SUPPLEMENT Prime PSB NO. NAME Direct Labor Total Contribution to Prime Consultant C&M 19,104.82 2,865.72 Design Perspectives 1,666.67 250.00 Morrealle Public Affairs 22,781.25 3,417.19 0.00 0.00 0.00 0.00 0.00 Total 43,552.74 6,532.91 227 of 651 DF-824-034 REV 12/04 PREPARED BY ESI Printed 10/16/2013 AVERAGE HOURLY PROJECT RATES Firm ESI Consultants, Ltd. Route Emerson/Green Bay/Ridge Intersection DATE 10/16/13 Local Agency City of Evanston SHEET 1 OF 4 PAYROLL AVG HOURLY Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd CLASSIFICATION RATES Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg President / Principal **70.00 240 9.30%6.51 6 33.33%23.33 2 12.50%8.75 10 2.63%1.84 2 3.70%2.59 1 14.29%10.00 Vice President / Director 69.94 25 0.97%0.68 0 0 0 0 0 Senior Manager 62.22 0 0 0 0 0 0 Senior Consultant 59.16 34 1.32%0.78 0 0 0 0 0 Sr. Project Manager 57.38 194 7.52%4.31 2 11.11%6.38 2 12.50%7.17 4 1.05%0.60 0 0 Project Manager 45.86 507 19.65%9.01 6 33.33%15.29 6 37.50%17.20 40 10.53%4.83 8 14.81%6.79 2 28.57%13.10 Senior Resident Engineer 43.20 0 0 0 0 0 0 Structural Project Manager 50.75 0 0 0 0 0 0 Senior Structural Proj Eng 42.53 0 0 0 0 0 0 Resident Engineer 2 29.73 0 0 0 0 0 0 Project Engineer/ RE 1 34.97 759 29.42%10.29 0 6 37.50%13.11 16 4.21%1.47 24 44.44%15.54 4 57.14%19.98 Engineer 3 30.24 0 0 0 0 0 0 Engineer 2 28.56 108 4.19%1.20 0 0 42 11.05%3.16 0 0 Engineer 1 27.39 0 0 0 0 0 0 Senior Technician 30.61 343 13.29%4.07 0 0 28 7.37%2.26 20 37.04%11.34 0 Technician 3 28.97 44 1.71%0.49 0 0 0 0 0 Technician 2 20.40 0 0 0 0 0 0 Technician 1/Intern 13.57 240 9.30%1.26 0 0 240 63.16%8.57 0 0 Admininstrative Associate 3 25.35 20 0.78%0.20 4 22.22%5.63 0 0 0 0 Admininstrative Associate 2 18.87 66 2.56%0.48 0 0 0 0 0 Admininstrative Associate 1 15.66 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 2580 100%$39.28 18 100%$50.63 16 100%$46.23 380 100%$22.73 54 100%$36.26 7 100%$43.08 Future Travel DemandTOTAL PROJECT RATES Project Initiation & Kick-off meeting Existing Information Review Data Collection Surveying 228 of 651 DF-824-034 REV 12/04 PREPARED BY ESI Printed 10/16/2013 ' AVERAGE HOURLY PROJECT RATES Firm ESI Consultants, Ltd. Route Emerson/Green Bay/Ridge Intersection DATE 10/16/13 Local Agency City of Evanston SHEET 2 OF 4 PAYROLL AVG HOURLY Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd CLASSIFICATION RATES Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg President / Principal **70.00 10 7.69%5.38 14 10.61%7.42 7 7.53%5.27 10 6.25%4.38 6 10.34%7.24 16 25.00%17.50 Vice President / Director 69.94 0 0 0 0 0 0 Senior Manager 62.22 0 0 0 0 0 0 Senior Consultant 59.16 0 0 34 36.56%21.63 0 0 0 Sr. Project Manager 57.38 8 6.15%3.53 4 3.03%1.74 10 10.75%6.17 10 6.25%3.59 6 10.34%5.94 8 12.50%7.17 Project Manager 45.86 32 24.62%11.29 26 19.70%9.03 0 36 22.50%10.32 13 22.41%10.28 24 37.50%17.20 Senior Resident Engineer 43.20 0 0 0 0 0 0 Structural Project Manager 50.75 0 0 0 0 0 0 Senior Structural Proj Eng 42.53 0 0 0 0 0 0 Resident Engineer 2 29.73 0 0 0 0 0 0 Project Engineer/ RE 1 34.97 64 49.23%17.21 68 51.52%18.01 0 84 52.50%18.36 21 36.21%12.66 0 Engineer 3 30.24 0 0 0 0 0 0 Engineer 2 28.56 0 0 42 45.16%12.90 0 0 0 Engineer 1 27.39 0 0 0 0 0 0 Senior Technician 30.61 16 12.31%3.77 20 15.15%4.64 0 16 10.00%3.06 8 13.79%4.22 0 Technician 3 28.97 0 0 0 0 0 0 Technician 2 20.40 0 0 0 0 0 0 Technician 1/Intern 13.57 0 0 0 0 0 0 Admininstrative Associate 3 25.35 0 0 0 0 0 16 25.00%6.34 Admininstrative Associate 2 18.87 0 0 0 4 2.50%0.47 4 6.90%1.30 0 Admininstrative Associate 1 15.66 0 0 0 0 0 0 TOTALS 130 100%$41.19 132 100%$40.85 93 100%$45.96 160 100%$40.17 58 100%$41.64 64 100%$48.21 Project AdministrationGreen Bay/Emerson/Ridge Simulation Traffic Analysis/Matrix of Alternatives Storm Water Evaluations Draft Project Report Final Project Report 229 of 651 DF-824-034 REV 12/04 PREPARED BY ESI Printed 10/16/2013 ' AVERAGE HOURLY PROJECT RATES Firm ESI Consultants, Ltd. Route Emerson/Green Bay/Ridge Intersection DATE 10/16/13 Local Agency City of Evanston SHEET 3 OF 4 PAYROLL AVG HOURLY Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd CLASSIFICATION RATES Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg President / Principal **70.00 47 19.18%13.43 3 6.52%4.57 3 4.41%3.09 5 9.80%6.86 5 10.20%7.14 5 7.81%5.47 Vice President / Director 69.94 0 4 8.70%6.08 21 30.88%21.60 0 0 0 Senior Manager 62.22 0 0 0 0 0 0 Senior Consultant 59.16 0 0 0 0 0 0 Sr. Project Manager 57.38 42 17.14%9.84 0 0 16 31.37%18.00 0 7 10.94%6.28 Project Manager 45.86 64 26.12%11.98 5 10.87%4.98 0 0 10 20.41%9.36 16 25.00%11.46 Senior Resident Engineer 43.20 0 0 0 0 0 0 Structural Project Manager 50.75 0 0 0 0 0 0 Senior Structural Proj Eng 42.53 0 0 0 0 0 0 Resident Engineer 2 29.73 0 0 0 0 0 0 Project Engineer/ RE 1 34.97 24 9.80%3.43 18 39.13%13.68 24 35.29%12.34 12 23.53%8.23 22 44.90%15.70 22 34.38%12.02 Engineer 3 30.24 0 0 0 0 0 0 Engineer 2 28.56 0 0 0 4 7.84%2.24 0 0 Engineer 1 27.39 0 0 0 0 0 0 Senior Technician 30.61 24 9.80%3.00 0 0 0 12 24.49%7.50 14 21.88%6.70 Technician 3 28.97 0 16 34.78%10.08 20 29.41%8.52 8 15.69%4.54 0 0 Technician 2 20.40 0 0 0 0 0 0 Technician 1/Intern 13.57 0 0 0 0 0 0 Admininstrative Associate 3 25.35 0 0 0 0 0 0 Admininstrative Associate 2 18.87 44 17.96%3.39 0 0 6 11.76%2.22 0 0 Admininstrative Associate 1 15.66 0 0 0 0 0 0 TOTALS 245 100%$45.06 46 100%$39.39 68 100%$45.55 51 100%$42.09 49 100%$39.70 64 100%$41.92 Cost EstimateCommunity Outreach/ Public Involvement Railroad Coordination Phase 1 Lighting LEED / I-LAST Implementation Landscape - Streetscape 230 of 651 DF-824-034 REV 12/04 PREPARED BY ESI Printed 10/16/2013 ' AVERAGE HOURLY PROJECT RATES Firm ESI Consultants, Ltd. Route Emerson/Green Bay/Ridge Intersection DATE 10/16/13 Local Agency City of Evanston SHEET 4 OF 4 PAYROLL AVG HOURLY Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd CLASSIFICATION RATES Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg President / Principal **70.00 54 9.42%6.60 34 9.14%6.40 Vice President / Director 69.94 0 0 Senior Manager 62.22 0 0 Senior Consultant 59.16 0 0 Sr. Project Manager 57.38 44 7.68%4.41 31 8.33%4.78 Project Manager 45.86 136 23.73%10.88 83 22.31%10.23 Senior Resident Engineer 43.20 0 0 Structural Project Manager 50.75 0 0 Senior Structural Proj Eng 42.53 0 0 Resident Engineer 2 29.73 0 0 Project Engineer/ RE 1 34.97 218 38.05%13.30 132 35.48%12.41 Engineer 3 30.24 0 0 Engineer 2 28.56 10 1.75%0.50 10 2.69%0.77 Engineer 1 27.39 0 0 Senior Technician 30.61 107 18.67%5.72 78 20.97%6.42 Technician 3 28.97 0 0 Technician 2 20.40 0 0 Technician 1/Intern 13.57 0 0 Admininstrative Associate 3 25.35 0 0 Admininstrative Associate 2 18.87 4 0.70%0.13 4 1.08%0.20 Admininstrative Associate 1 15.66 0 0 TOTALS 573 100%$41.54 372 100%$41.21 0 0%$0.00 0 0%$0.00 0 0%$0.00 0 0%$0.00 Ridge Ave Corridor - Davis to Dempster Green Bay Rd Corridor - Asbury to McCormick 231 of 651 To: Suzette Robinson, Director of Public Works Homayoon Pirooz, P.E., Assistant Director for Infrastructure & Engineering Rajeev Dahal, Senior Project Manager From: Tammi Turner, Purchasing Manager Subject: Request for Qualification 13-12 Phase I Preliminary Engineering Services Emerson Street/Ridge Avenue/Green Bay Road Corridor Improvements Date: October 28, 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 RFQ 13-12, Phase I Preliminary Engineering Services with ESI Consultants, Ltd. is found to be in initial compliance with the goal by subcontracting approximately 25% of the contract work to certified M/W/EBE’s. ESI Consultants, Ltd total base bid is $398,667.00, and will receive 25% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE C & M Associates, 15770 Dallas Pkwy, Dallas, TX 75248 Traffic Analysis $42,073.24 10.5% X Morreale Public Affairs, 8770 W. Bryn Mawr Avenue, Ste # 1300 Chicago, IL 60631 Data Collection $54,524.51 13.6% X DDI Printing, 7830 Quincy St., Willowbrook, IL 60521 Printing & Reproduction $3,520.00 0.9% X Total M/W/EBE $100,117.75 25 % Memorandum RFQ No. 13-12, Phase I Preliminary Engineering Services Emerson Street/Ridge Avenue/Green Bay Road Corridor Improvements, M/W/EBE Compliance Approval, ESI Consultants, Ltd., 10-28-13. 232 of 651 Cc: Martin Lyons, Assistant City Manager/CFO Louis Gergits, Finance Manager RFQ No. 13-12, Phase I Preliminary Engineering Services Emerson Street/Ridge Avenue/Green Bay Road Corridor Improvements, M/W/EBE Compliance Approval, ESI Consultants, Ltd., 10-28-13. 233 of 651 For City Council meeting of October 28, 2013 Item A4 Business of the City by Motion: Change Order for Large Diameter Sewer Rehab For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Utilities Director Kristin Rehg, Management Analyst Subject: Approval of Change Order No. 1 for Large Diameter Sewer Rehabilitation Phase I Date: October 3, 2013 Recommended Action: Staff recommends that the City Council authorize the City Manager to execute Change Order No. 1, to the agreement with Insituform Technologies USA, LLC. (17988 Edison Avenue, Chesterfield, MO) for the Large Diameter Sewer Rehabilitation Phase I project (RFP 12-152). The change order will reduce the contract amount by $172,808.00, from $2,989,228.00 to $2,816,420.00. Funding Source: Initial funding for the project is through a loan from the Illinois Environmental Protection Agency Water Pollution Control Loan Program. The sewer fund will pay the debt service for this loan, which is estimated at $177,200 annually, based on the final loan amount and an interest rate of 2.295% over 20 years. Background Information: In May 2011, the City Council passed ordinance 28-O-11 authorizing the City to borrow up to $4,000,000 from the Illinois Environmental Protection Agency Water Pollution Control Loan Program. In August 2012, the City Council authorized the City Manager to award a contract in the amount of $2,989,228.00 to Insituform Technologies USA, LLC to complete the work. Summary: The work on this project has been successfully completed. During the course of the work an unknown cast iron main was encountered at the location where a new manhole was being installed on Elgin Road east of Ewing Avenue. The subcontractor performing the excavation experienced a 4 hour downtime while efforts were made to determine if the main was active and whose responsibility it was. It was eventually determined that the main was abandoned and could be cut out of the way. New pay item #17 is being Memorandum 234 of 651 created to compensate the contractor $4,810.00 for this downtime. All other pay items are being adjusted to match the actual measured quantities in the field. Additions to the contract amount total $4,810.00 while deductions to the contract amount total $184,818.00. Therefore the final contract amount is reduced by $172,808.00, from $2,989,228.00 to $2,816,420.00. Attachments: Proposed Change Order No. 1 235 of 651 236 of 651 237 of 651 238 of 651 For City Council meeting of October 28, 2013 Item A5 Business of the City by Motion: Pre-qualification of CIPP Contractors For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Lara Biggs, Asst. Superintendent – Water & Sewer Subject: Pre-qualification of Contractors for Cured-In-Place Pipe Rehabilitation of Sewers Mains (RFQ No. 13-60) Date: October 20, 2013 Recommended Action: Staff recommends approval of Hoerr Construction, Inc. (1601 W. Luthy Dr, Peoria, IL), Insituform Technologies, USA, Inc. (17988 Edison Ave., Chesterfield, MO), Kenny Construction Company (2215 Sanders Rd., Northbrook, IL), Michels Corporation (817 W. Main St., Brownsville, WI), Pipeline Solutions / American Pipe Liners, Inc. (P.O. Box 394, Highland Park, IL), SAK Construction, LLC. (864 Hoff Rd., O’Fallon MO), and Visu- Sewer, Inc. (W230 N4855 Betker Drive, Pewaukee, WI), as pre-qualified contractors to perform Cured-In-Place Pipe (CIPP) rehabilitation in the City’s sewer system for a three- year period (2014, 2015 and 2016). Funding Source: No funding is required at this time. Bids for specific CIPP sewer rehabilitation contracts will only be opened from the list of pre-qualified contractors. When these projects are awarded, they will be funded from the Sewer Fund (Account 7420). Summary: The City of Evanston has used the CIPP process to rehabilitate sewers in Evanston since 1987. In the late 1990s, Insituform’s patents on the CIPP process expired and new contractors began to rehabilitate sewers using the CIPP method. Evanston developed a pre-qualification requirement to ensure that the contractors performing the CIPP sewer rehabilitation work in Evanston would be able to successfully complete the work. Contractors must demonstrate that the product they intend to use meets specific minimum requirements, that they are trained and approved to install the product, and that they have a minimum amount of experience installing the product. Please refer to Attachment A to review a summary of the qualifications. Memorandum 239 of 651 RFQ 13-60 was advertised in the Chicago Tribune on September 12, 2013. Statements of qualifications were submitted by seven vendors as listed below: COMPANY NAME ADDRESS PREVIOUSLY PRE-QUALIFIED Hoerr Construction, Inc. 1601 W. Luthy Dr. Peoria, IL 61615 No Insituform Technologies USA, Inc. 17988 Edison Ave Chesterfield, MO 63005 Yes Kenny Construction Company 2215 Sanders Rd., Suite 400 Northbrook, IL 60062 Yes Michels Corporation 817 W. Main St. Brownsville, WI 53006 Yes SAK Construction, LLC 864 Hoff Rd. O’Fallon, MO 63366 Yes Pipeline Solutions /American Pipe Liners, Inc. P.O. Box 394 Highland Park, IL 60035 Yes Visu-Sewer, Inc. W230 N4855 Betker Dr. Pewaukee, WI 53072 Yes Evanston began pre-qualifying CIPP rehabilitation contractors for three-year periods in 1999. All six previously pre-qualified contractors have been successful low bidders on City CIPP sewer rehabilitation projects, and all of these projects have been successfully completed. One vendor, Utility Service Authority, LLC, was pre-qualified in 2010 but never submitted a bid and did not request to be pre-qualified under RFQ 13-60. References for the new contractor were checked and found to be acceptable. Several contractors have begun to install the CIPP liner using air pressure and curing the resin using steam rather than installing the liner using a water column and curing the resin using heated water. This new method of installation offers some advantages, but also involves additional installation procedures to be followed. All of the contractors are being pre-qualified to install the CIPP liner using the water column / heated water method. In addition, contractors are being pre-qualified to install the liner using the air / steam method if they demonstrate that they have successfully installed over 10,000 feet of liner using this method for three different pipe diameter ranges, 1) 15-inch diameter or less, 2) 16-inch to 24-inch diameter, and 3) greater than 24-inch diameter. Attachment A indicates to what diameter sized sewer pipe each contractor is pre- qualified to use the air / steam installation method. Attachments: Attachment A – Summary of Qualifications 240 of 651 COMPANY NAME / ADDRESS FELT TUBE APPROVAL RESIN APPROVAL PRODUCT APPROVAL CONTRACTOR LICENSED INSTALLATION PROCEDURES PROVIDED CONTRACTOR MEETS MIN EXPERIENCE STEAM CURING APPROVAL PROVIDED DISCLOSURE OF OWNERSHIP PROVIDED THREE REQUIRED FORMS Hoerr Construction, Inc. 1601 W. Luthy Dr., Peoria, IL 61615 YES YES YES YES YES YES 24" DIA OR LESS YES YES Insituform Technologies USA, Inc. 17988 Edison Ave, Chesterfield, MO 63005 YES YES YES YES YES YES ANY DIA YES YES Kenny Construction Company 2215 Sanders Rd., Suite 400, Northbrook, IL 60062 YES YES YES YES YES YES ANY DIA YES YES Michels Corporation 817 W. Main St, Brownsville, WI 53006 YES YES YES YES YES YES ANY DIA YES YES PipeLine Solutions LLC /American Pipe Liners Inc. P.O. Box 394, Highland Park, IL 60035 YES YES YES YES YES YES NONE YES YES SAK Construction, LLC 864 Hoff Rd., O'Fallon MO 63366 YES YES YES YES YES YES ANY DIA YES YES Visu-Sewer, Inc. W230 N4855 Betker Dr., Pewaukee, WI 53072 YES YES YES YES YES YES ANY DIA YES YES ATTACHMENT A Prequalification for Cured-In-Place-Pipe (CIPP) Rehabilitation (RFQ 13-60) SUMMARY OF QUALIFICATIONS 241 of 651 For City Council meeting of October 28, 2013 Item A6 Business of the City by Motion: Illinois Recycling Grant Application For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Leslie J. Perez, Business Office Coordinator Subject: Approval of Illinois Recycling Grant Application Date: October 17, 2013 Recommended Action: Staff recommends authorization for the City Manager to apply for the Illinois Recycling Grant through the Illinois Department of Commerce and Economic Opportunity (ILDECO) to fund the Multi-Family Residential Recycling Diversion program. The project will include the purchase of 20,000 recycling bags. Funding Source: The total cost of funding this project is estimated to be $55,000 of which $50,000 would be funded with Illinois Recycling Grant funds. The remaining $5,000 would be funded by the City of Evanston from the Solid Waste Fund. Summary: Public Works is developing a Multi-Family Residential Recycling Diversion pilot program to assist multi-family residential buildings with 6 units or greater to increase the diversion rate of recyclable materials. The grant is needed to expand the program citywide. Currently, the City is targeting the following properties for the pilot program. Address Property Manager # of Units 415 Howard Street Concierge Management Services 221 737 Chicago Avenue AMLI 214 1717 Ridge Avenue Atlantic Realty Partners Inc. 175 1856-1866 Sherman Ave Heil, Heil, Smart &Golee of Evanston 132 901 Washington N/A 16 1703 Central Street Wesley Realty Group 38 1720 Central Street RMK Properties 80 Memorandum 242 of 651 The goal of the program to assist residents in increasing the recycling diversion rate, the City will provide each multi-family unit with one (1) small recycling bag made from at least 25% post-consumer recycling material. The goal is to encourage residents living in large multi-family dwellings to recycle more by making it easier to transport their recycling to the collection point, to encourage building owners to develop a “valet” system where residents can leave their small recycling bag at their doorway for daily pickup and to ultimately encourage building owners to reduce the capacity of their refuse containers while increasing the capacity of their recycling containers. Page 2 of 2 243 of 651 For City Council meeting of October 28, 2013 Item A7 Business of the City by Motion: Salt Agreement with School District 65 For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Subject: School District 65 Rock Salt Agreement for 2013/2014 Date: October 21, 2013 Recommended Action: Staff recommends City Council authorize the City Manager to sign an agreement with Evanston School District 65 for the sale of rock salt in the amount of $66.67 per ton this includes a 10% administration and handling fee. Summary: The City of Evanston has been selling rock salt to the school districts for many years for the purpose of deicing their driveways, roadways and parking lots. District 65 does not have sufficient indoor storage capacity to house the 300 tons of salt they use each year. The City takes into consideration the quantity of salt that school districts will use when the placing salt order each year. The 10% administration fee covers the expenses related to loading, record keeping and procurement, etc. A copy of the proposed agreement is attached. Memorandum 244 of 651 City of Evanston- Evanston School District 65 Letter Agreement for Road Salt (Sodium Chloride) Procurement Evanston School District 65(hereinafter referred to as “D65”) has been procuring road salt from City of Evanston (hereinafter referred to as “City”) for many year for the purpose of deicing D65 driveways, roadways, and parking lots. The City has historically taken into consideration D65’s salt requirements when determining the amount of salt to purchase each year. This letter agreement formalizes the long-standing arrangement for salt procurement between the City and D65. 1. Ordering: The City is solely responsible for ordering all salt with its awarded supplier. 2. Record-Keeping: The City will maintain records of all transactions between the City and D65. 3. Salt Pick-up: D65 shall pick up salt at the City’s salt dome location at 2020 Asbury Avenue, Evanston, IL. D65 must provide City a 12-hour advance notice prior to picking up salt. The City’s loader operator stationed at the dome will load D65 salt hopper. If no operator is on site, D65 must contact Streets & Sanitation Offices for loading. 4. Pricing: The salt price under this agreement is $66.67/ton, which equates to the City’s purchase prices of salt ($60.61/ton) plus a 10% administration and handling fee that covers expenses related to loading, record keeping, procurement, etc. No cost is transferred for storage of salt. 5. Payments: Payment is due in 30 days or late fee (s) may be assessed. Invoices must be returned with payment. 6. Amount: D65 is authorized to purchase up to 300 tons of road salt for the term of this agreement. However, the City reserves the right to reduce this amount for any reason with one weeks’ notice. 7. Indemnity: D65 shall defend and hold harmless the City and its elected officials, assigns, officers, directors, employees, agents, and servants from and against any and all liabilities, obligations, losses, damages, penalties, judgments, settlements, claims, actions, suits, proceedings, costs, expenses, and disbursements, including legal fees and expenses, of whatever kind of nature, imposed on, incurred by or asserted against the City, is successors, assigns, officers, directors, employees, agents and servants, in any way relating to or arising out of the terms of this agreement. 8. Term: The term of this agreement is from November 15, 2013 to April 15, 2014. _____________________ _______________________ Authorized Signature Mr. Wally Bobkiewicz Evanston School District 65 City Manager City of Evanston ______________________ ________________________ Date Date 245 of 651 For City Council meeting of October 28, 2013 Item A8 Business of the City by Motion: Salt Agreement with School District 202 For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Subject: School District 202 Rock Salt Agreement for 2013/2014 Date: October 21, 2013 Recommended Action: Staff recommends City Council authorize the City Manager to sign an agreement with Evanston Township High School District 202 for the sale of rock salt in the amount of $66.67 per ton which includes a 10% administration and handling fee. Summary: The City of Evanston has been selling rock salt to the school districts for many years for the purpose of deicing their driveways, roadways and parking lots. District 202 does not have sufficient indoor storage capacity to house the 300 tons of salt they use each year. The City takes into consideration the quantity of salt that school districts will use when the placing salt order each year. The 10% administration fee covers the expenses related to loading, record keeping and procurement, etc. A copy of the proposed agreement is attached. Memorandum 246 of 651 City of Evanston- Evanston Township High School District 202 Letter Agreement for Road Salt (Sodium Chloride) Procurement Evanston Township High School District 202(hereinafter referred to as “D202”) has been procuring road salt from City of Evanston (hereinafter referred to as “City”) for many year for the purpose of deicing D202 driveways, roadways, and parking lots. The City has historically taken into consideration D202’s salt requirements when determining the amount of salt to purchase each year. This letter agreement formalizes the long-standing arrangement for salt procurement between the City and D202. 1. Ordering: The City is solely responsible for ordering all salt with its awarded supplier. 2. Record-Keeping: The City will maintain records of all transactions between the City and D202. 3. Salt Pick-up: D202 shall pick up salt at the City’s salt dome location at 2020 Asbury Avenue, Evanston, IL. D202 must provide City a 12-hour advance notice prior to picking up salt. The City’s loader operator stationed at the dome will load D202 salt hopper. If no operator is on site, D202 must contact Streets & Sanitation Offices for loading. 4. Pricing: The salt price under this agreement is $66.67/ton, which equates to the City’s purchase prices of salt ($60.61/ton) plus a 10% administration and handling fee that covers expenses related to loading, record keeping, procurement, etc. No cost is transferred for storage of salt. 5. Payments: Payment is due in 30 days or late fee (s) may be assessed. Invoices must be returned with payment. 6. Amount: D202 is authorized to purchase up to 300 tons of road salt for the term of this agreement. However, the City reserves the right to reduce this amount for any reason with one weeks’ notice. 7. Indemnity: D202 shall defend and hold harmless the City and its elected officials, assigns, officers, directors, employees, agents, and servants from and against any and all liabilities, obligations, losses, damages, penalties, judgments, settlements, claims, actions, suits, proceedings, costs, expenses, and disbursements, including legal fees and expenses, of whatever kind of nature, imposed on, incurred by or asserted against the City, is successors, assigns, officers, directors, employees, agents and servants, in any way relating to or arising out of the terms of this agreement. 8. Term: The term of this agreement is from November 15, 2013 to April 15, 2014 _____________________ _______________________ Authorized Signature Mr. Wally Bobkiewicz Evanston Township High School District 202 City Manager City of Evanston ______________________ ________________________ Date Date 247 of 651 For City Council meeting of October 28, 2013 Item A9 Resolution 60-R-13: MFT Funds for Street Maintenance 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 Engineering & Infrastructure Sat Nagar, P.E., Senior Project Manager, Engineering & Infrastructure Subject: Resolution 60-R-13, Authorizing Motor Fuel Tax Funds for General Maintenance of Streets Date: October 18, 2013 Recommended Action: Staff recommends approval of Resolution 60-R-13 by which City Council would authorize the transfer $700,000 of Motor Fuel Tax Funds for general maintenance of streets by City forces. The fund transfer was approved as part of 2013 budget. Summary: The Motor Fuel Tax Fund (MFT) is distributed to municipalities through the Illinois Department of Transportation (IDOT). The MFT allotment amount is based on population of the municipality and is collected as part of the gasoline tax through the Department of Revenue. The MFT Funds are held for the Municipalities by the Illinois Department of Transportation (IDOT) as an unobligated balance in the City’s MFT account. The City Council of the municipality must approve a resolution in order to make use of the unobligated balance. The Motor Fuel Tax (MFT) Fund has been used by the City for several years for general maintenance of streets. General maintenance of streets performed by City forces consists of street asphalt and concrete patching, street cleaning, and snow and ice removal. Even though the City Council approved the use of these funds when the 2012 budget was passed, the attached resolution needs to be approved to transfer the funds from the MFT Fund to the General Fund. The Streets & Sanitation Division documents the record of the expenditures on street maintenance and transmits them annually to IDOT for approval. Attachment: Resolution 60-R-13 Memorandum Page 1 of 1 248 of 651 10/17/2013 60-R-13 A RESOLUTION Authorizing the City Manager to Sign an IDOT Resolution In Order to Transfer Money from the Motor Fuel Tax Fund to the General Fund for the General Maintenance of City Streets WHEREAS, the City of Evanston is a home rule unit of government and operates under the Budget Officer form of Illinois governmental budgeting; and WHEREAS, the City Council previously approved the 2013 fiscal year budget, which included a fund transfer from the Motor Fuel Tax fund (“MFT Fund”) to the City’s General Fund for the purpose of general maintenance of streets by City staff, including street cleaning and snow and ice removal; and WHEREAS, the Illinois Department of Transportation (“IDOT”) distributes MFT Fund moneys to the City and holds them for the City as an unobligated balance in the City’s MFT Fund account; and WHEREAS, the City Council must approve the resolution for Maintenance of Streets and Highways by Municipality Under the Illinois Highway Code, attached hereto as Exhibit A and incorporated herein by reference (the “IDOT Resolution”), in order to transfer the unobligated balance of the MFT Fund to the General Fund for general maintenance of streets, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: 249 of 651 60-R-13 ~2~ SECTION 1: The City Manager is hereby authorized and directed to sign, and the City Clerk authorized and directed to attest on behalf of the City, the IDOT Resolution. SECTION 2: The City Budget Officer shall promptly transfer the amount of seven hundred thousand dollars ($700,000.00) from the MFT Fund to the General Fund for the purpose of general maintenance of streets in the City of Evanston. SECTION 3: The uses and expenditures from the General Fund for general maintenance of streets within the City are all for lawful corporate purposes. SECTION 4: This Resolution, 60-R-13, shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2013 250 of 651 60-R-13 ~3~ EXHIBIT A IDOT Resolution for Maintenance of Streets and Highways by the Municipality under the Illinois Vehicle Code 251 of 651 Printed 10/18/2013 BLR 14230 (Rev. 11/06) Resolution for Maintenance of Streets and Highways by Municipality Under the Illinois Highway Code BE IT RESOLVED, by the Council of the (Council or President and Board of Trustees) City of Evanston , Illinois, that there is hereby (City, Town or Village) (Name) appropriated the sum of $700,000.00 of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code from January 1, 2013 (Date) to December 31, 2013 . (Date) BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the approved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that the Clerk shall, as soon a practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department , a certified statement showing expenditures from and balances remaining in the account(s) for this period; and BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this resolution to the district office of the Department of Transportation, at Schaumburg , Illinois. I, Clerk in and for the (City, Town or Village) of , County of hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the at a meeting on (Council or President and Board of Trustees) Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of . (SEAL) Clerk (City, Town or Village) Approved Date Department of Transportation Regional Engineer 252 of 651 For City Council meeting of October 28, 2013 Item A10 Ordinance 115-O-13: Class T Liquor License for Peckish Pig For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Admin. Adjudication & Liquor Licensing Manager Subject: Ordinance 115-O-13, Increasing the Number of Class T Liquor Licenses Permitting Issuance to Peckish Pig Date: October 11, 2013 Recommended Action: The Local Liquor Commissioner recommends adoption of Ordinance 115-O-13. Funding Source: N/A Summary: Ordinance 115-O-13 amends City Code Subsection 3-4-6-(T) to increase the number of Class T (“brewpub”) liquor licenses from one to two to permit issuance to Peckish One, LLC, dba “Peckish Pig,” 623-627½ Howard Street. Legislative History: On October 10, 2013, the Liquor Control Review Board met and voted to recommend an increase in the number of Class T liquor licenses to permit issuance to Peckish Pig. Attachments: Ordinance 115-O-13 Minutes of October 10, 2013 Liquor Control Review Board meeting Application Memorandum 253 of 651 10/11/2013 115-O-13 AN ORDINANCE Amending City Code Subsection 3-4-6-(T) to Increase the Number of Class T Liquor Licenses from One to Two (Peckish One, LLC d/b/a “Peckish Pig,” 623-627½ Howard Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 3-4-6-(T) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class T liquor licenses from one (1) to two (2), to read as follows: (T) CLASS T licenses, which shall authorize the retail sale of beer in combination brewpub restaurants, which beer is brewed by the licensee at any of its designated premises in a brew pub for consumption on or off the licensed premises and the sale of alcoholic liquor excluding beer for consumption on the premises where sold. Notwithstanding any of the foregoing, the on-premises consumption of beer and other alcoholic liquor is permitted only in the restaurant area. No Class T license may be granted to, or retained by, an establishment in which the facilities for food preparation and service are not primarily those of a “restaurant,” as defined in Section 3-4-1 of this Chapter. Establishments holding Class T licenses must have some food service available when alcoholic liquor, including beer brewed at any of the licensee's designated locations, is being sold. Class T licenses authorize retail sales of beer for off-premises consumption only in original packages to persons of at least twenty-one (21) years of age, Class T licenses shall be issued only to premises located within the core area. Each Class T license shall be subject to the following conditions: 1. It shall be unlawful for a Class T licensee to sell a single container of beer for off-premises consumption unless the container is greater than or equal to forty (40) fluid ounces or 1.18 liters. 2. Beer purchased in original packages for consumption off the licensed premises shall not be consumed in the restaurant. All beer sold for consumption off the premises shall be placed in a paper or plastic bag prior to its delivery to the purchaser. 254 of 651 115-O-13 ~2~ 3. It shall be unlawful for the holder of a Class T license to offer for sale at retail any beer in original packages for consumption off the premises where sold before the hour of ten o'clock (10:00) a.m., or after the hour of ten o'clock (10:00) p.m., on Monday through Thursday; before the hour of ten o'clock (10:00) a.m., or after the hour of eleven o'clock (11:00) p.m., Friday and Saturday; and before the hour of twelve o'clock (12:00) noon and after the hour of ten o'clock (10:00) p.m. on Sunday. 4. The combination brewpub restaurant must have a valid brew pub license from the State of Illinois for the brewing of beer. The annual fee for such license shall be . . . . . $7,500.00 The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be . . . . . . . . . . . . . . $7,875.00 No more than one (1) two (2) such licenses shall be in force at any one (1) time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 255 of 651 115-O-13 ~3~ Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: _________________________, 2013 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 256 of 651 I ~I \",)Evanston A. Corporation name: Peckish One LLC City of Evanston Application for Liquor License II New business o Change of ownership/corporation B. Business name: Peckish Pig C. Previous business name (if dbe changed): D. Business address (city, state, zip code): 623 Howard Street, Evanston, IL 60202 E.Business telephone: 847-902-6695 F. Business website: G. Business Email www.thepeckishpig.com H. Illinois business tax number: A. Address applying for liquor license (exact street address): 623 - 627 1/2 Howard Street Evanston Zip code 60202 B. Full description of the location including floor layout, specific floors, rooms, etc. (attach a site plan): Site plan attached C. Is the business required to be located within the "Retail Package Store Area"? DYes 0 No If yes, is it located within the "Retail Package Store Area"? DYes 0 No A. Business type:II Restaurant 0 Hotel 0 Package store Describe the nature of the business 1 principal kind of business: Restaurant, brewpub o Grocery store o Club o Other (explainbelow): Liquor to be served andlor sold:II Alcoholic Ii uor o Beer and wine onl o Wine onl Days and times liquor is served:II Sunday from 4p to 12a II Thursday from 4 to 12 II Monday from 4p to 12a II Friday from 12p to 2a II Tuesday from 4 to 12 II Saturday from 12p to 2a II Wednesday from 4 to 12 Liquor will served or sold by: II Glass II Bottle II Can II Waitstaff and/or II Over the counter A Rev 04/05/2013 257 of 651 Corporation name:PecklshOne. LLC doing business as:-'-P-"e""c"-'k"'is'-'-hwP'--'-"io'-----_ A. Does the applicant seek to sell and/or serve liquor upon the premises of a restaurant?III yes 0 no If your response is "No,"skip this section and proceed to section 5. B.Does the restaurant premises maintain and conduct business to the public as an establishment III yes 0 no where meals are actually and regularly served? C. Does the restaurant provide adequate and sanitary kitchen and dining room equipment and III yes 0 no capacity, with sufficient employees to prepare, cook, and serve suitable food? How many tables are or will be in the restaurant? What is the seating capacity? D. Is there an existing or proposed menu? If your response is "Yes," please attach the menu.III yes 0 no E.Does the restaurant currently hold or has applied for a City of Evanston food license?0 yes 0 no If your response is "Yes," what is the expected issue date? A. Does the applicant seek to sell and/or serve liquor upon the premises of a hotel? If your response is "No,"skip this section and proceed to section 6. B. Does the hotel premises maintain and conduct business to the public as an establishment where 0 yes 0 no meals are actually and regularly served? C. Does the hotel provide adequate and sanitary kitchen and dining room equipment and capacity,0 yes 0 no with sufficient employees to prepare, cook, and serve suitable food? D. Does the hotel have at least 50 regular rooms for transients?0 yes 0 no E. Does the hotel currently hold or has applied for a City of Evanston food license?0 yes 0 no If your response is "Yes," what is the expected issue date? A. Does the applicant seek to sell and liquor upon the premises of a package store?0 yes )7nO If your response is "No,"skip this section and proceed to section 7. B. Is the package store premises located in the "retail package store area" as defined by the 0 yes 0 no attached map? C. Is the package store used only for retail sale of alcoholic liquor in original packages to persons at 0 yes 0 no least 21 years of age for consumption off the premises? D. Has the applicant reviewed the Liquor Code definition of a "package store"?0 yes 0 no A. Does the applicant seek to sell and liquor upon the premises of a grocery store and/or 0 yes yno combination store?If your response is "No,"skip this section and proceed to section 8. B. Does the grocery store premises consist of a grocery store and combination store under one roof?0 yes 0 no C. Does the grocery store provide a minimum of 5,000 square feet of production, preparation, and 0 yes 0 no display for liquor sales?Approximately how many square feet are provided?sq.ft. D. Does the grocery store currently hold or has applied for a City of Evanston food license?0 yes 0 no If your response is "Yes," what is the expected issue date? 258 of 651 Corporation name:Peckish One,LLC doing business as:_P__e_c_k_is__h P---'ig~_ Does the applicant seek to sell and/or serve liquor upon the premises of a club? If your response is "No,"skip this section and proceed to section 9. B. What is the name of the club? C.Has the club been incorporated for over a year? If so, what is the date of incorporation? D. What is the address of the permanent headquarters of the club? E.Are two copies of club members' names and residence information attached? Dyes 0 no Dyes 0 no G. What are the objectives of the organization? H. Please provide a summary of club activities for the past year: I.Is the club private or public?o Private 0 Public A. Does the corporation own the premises for which this liquor llcense is being sought?0 yes yno If your response is "Yes,"proceed to section 10. B. Does the corporation possess a lease on such premises covering the full period for which such ~yes 0 no liquor license is sought? C.What is the period covered by the lease?to D. What is the name of the Landlord?City of Evanston E.What is the address of the Landlord?(please include city, state, and zipcode.) City Of Evanston,IL 60201 259 of 651 Corporation name:Peckish One, LLC doing business as:_P_e_c_k_is_h_P_i..:::g _ A. Has the owner or any relative had a business or liquor license revoked? B. Is the owner disqualified to receive a license by reason of any matter or thing contained in Chapter 5 of the City of Evanston Code, other ordinance, and laws of the State of Illinois or other ordinances of the City of Evanston? D yes ,~o Dyes plno C. Does the owner agree not to violate any laws of the State of Illinois, or of the United States, or .;tS yes any ordinance of the City of Evanston in the conduct of his or her place of business? D. Has the owner received assistance in preparing this application? If the response is "Yes," please Dyes provide the information below. D no III no name PIA. address telephone relationship I, the Applicant and/or duly appointed representative, have reviewed the prepared application and accept it as true and correct to the best of my knowledge. I agree to report any changes to the contents of this application, whether they occur before or after a license is issued, to the City of Evanston within 30 days. I agree to notify the City of Evanston of any and all changes in corporate stockholder shares, corporate officers and directors.Further, I understand that the liquor license issued is not transferrable.It is understood that the acceptance and deposition of the fee herein tendered does not constitute acceptance of the liquor license application. Signature of Applicant ~llLi 1\'7 Date 260 of 651 Peckish One, LLC Peckish PigCorporationname:doing business as:_ (Ihr-! Evanston City of Evanston Liquor License Application AFFIDAVIT \II I', State of ---4-I-J Vl 0 IS) )SS County of (PO k ) The undersigned hereby makes application for a Class ~liquor license.1/we swear (or affirm) that I / we will not violate any of the ordinances of the City of Evanston or laws of the State of Illinois or the laws of the United States of America in the conduct of the place of business described herein; that I have read and understand Title 3,Chapter 4 of the Evanston City Code;and that the statements contained in this application are true and correct. Signature of Applicant ~. L .1\ Signature of Applicant OFFICIAL SEAL ANN HINTERMAN NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES 09/07/15 ,20ft Subscribed and sworn to before me thiLt:~_ Notanj Public 261 of 651 262 of 651 263 of 651 264 of 651 <til ,·1Evanston CORPORATE INFORMATION FORM (Supplement A) Name of Corporation/Partnership: Peckish One, LLC Corporate Address: 1028 Ashland Avenue, Evanston, IL 60202 Corporate Ph #:847-902-6695 Corporate Email:FEIN:, Date Corporation/Partnership was Organized: State Articles of Incorporation/Organization filed: Date Articles of Incorporation/Organization filed with Secretary of State: Date Certification of Incorporation/Organization was issued by Secretary of State: 02/18/2013 02/18/2013 02/18/2013 02/19/2013 Are there any amendments to Articles of Incorporation? (it yes,provide date filed) DYes 0No Date Amendment Filed What are the total shares of stock created by this Corporation? Jamie Evans Deborah Evans Thomas Fogarty Has Corporation attached an organization chart/listing with Names, Title, Address and Percentage of Stock of Corporation officers and directors? Has the Corporation attached a file-stamped copy of Articles of Incorporation/Organization? 42.5 42.5 15 DYes DYes 0No 0No Explain any existing options & names of persons concerned as they pertain to purchase or acquire stock at a future date: What is the objective of Corporation? To operate a brewpub and restaurant at 623 Howard Street Has a Shareholder and/or Site Manager Background Form been completed for each person holding (5%) or more stock in this corporation? Corporate Information Form Rev.04/05/2013 ~es DNo 265 of 651 LLC - File Detail Report Page 1 of 1 LLC FILE DETAIL REPORT 623 HOWARD STREET EVANSTON, IL 602020000 02/18/2013 Jurisdiction File Number Agent Change Date Principal Office Type of LLC PECKISH ONE, LLC 1028 ASHLAND AVE DEBORAH EVANS LLC EVANSTON ACTIVE 02/18/2013 60202 0010010000 NOT AUTHORIZED TO ESTABLISH SERIES ACTIVE - PECKISH PIG Return to the Search Screen BACK TO CYBERDRIVEILLINOIS.COM HOME PAGE http://www.ilsos.gov/corporatellc/CorporateLlcController 9/27/2013266 of 651 LLC -MEMBERS Page 1 of 1 LLCMEMBERS Entity Name Name PECKISH ONE, LLC Address File Number 04262654 EVANS, JAMIE EVANS, DEBORAH 1028 ASHLAND AVENUE, EVANSTON, IL - 60202 1028 ASHLAND AVENUE, EVANSTON, IL - 60202 BACK TO CYBERDRIVEILLINOISCOM HOME PAGE http.z/www.ilsos.gov1corporatellc/CorporateLlcController?cornrnand=rnrns&fileNbr=0426...9/27/2013267 of 651 SHAREHOLDER and/or SITEMANAGER BACKGROUND FORM (Supplement C) Corporation/Partnership Name: Peckish One,LLC Business Name: Peckish Pig First Name: Thomas Last Name: Fogarty Middle Initial. M Title:o Sole Owner III Partner 0 Corp Officer 0 Site Manager 0 Director 0 Other: %of Stock Ownership: 15 Current Residential Address: Home Phone:Work Phone: Suite/Apt.: City: Chicago Cell Phone:E-mail: state: IL Zip: 60626 Date of Birth (MM/DDIYYYY):Social Securitv Number:Place of Birth (City, State and Country): Storm Lake,lA, USA Are you a citizen of the United States? 0Yes 0 No, I am a citizen of Naturalized Citizen:Naturalization Information: 1. Address:City:State: Zip: Chicago IL 60626 City:State:Zip: Chicago IL 60660 3. Address:City:State: Zip: 1. Name of EmployerlBuslness: Taste Food &Wine Address (City, State, Zip): 1506 W Jarvis Ave Position: Retail Assoc Telephone:Reason for Leaving: 773-761-3663 Still employed 2. Name of Employer/Business: Vance Publishing Address (City, State, Zip): 400 Knightsbridge Parkway, Lincolnshire, IL 60606 Telephone:Reason for Leaving: 847-634-2600 Corporate restructure Position: Dir of Production Start Date: End Date: March 200 Jan 2013 3. Name of Employer/Business: Ascend Media Address (City, State, Zip): 7015 College Blvd, Overland Park, KS 66211 Telephone:Reason for Leaving: 913-469-1110 Corporate restructure Position VP of Production Start Date: 2003 End Date: 2008 Rev.0410512013 Shareholder and/or Site Manager Background Form268 of 651 Corp.Name:Pecklsh One,LLC DBA:Pecklsh Pig ::0\~\C@(c ficY,YY'S5!!!!!'!i!i'0!'c(i(fi'lf·!ii!ii'%i ii c,ciii60i!5i ~!i0i'iiN55;!ex(.;,';%iitii\,Y(yyxfff{j'iiiY!i i.!fiii,!YY!'YYy fiiN1 is:Nii/i. A.If you are a Site Manager,are you BASSET (Beverage Alcohol Sellers and Servers Education and Training) certified? co Ifyes, pleaseattacha copyof your BASSET certification. co If no, whendoyouexpectto complete BASSET certification: DYes [ZINo B.Have you completed the fingerprint/background check process with the City of Evanston? DYes l1]No•If no, when do you expect to submit fees and fingerprints?ASAP C.Have you ever been convicted of violating a Local City Code, in any jurisdiction?DYes l1]No D.Have you ever forfeited an appearance bond for any Federal,State, or Local violations?DYes [ZINo E.Has any license previously issued to you by Federal,State, or Local authorities been DYes [ZINorevoked? E. Haveyoueverbeen arrested for any violationrelatedto alcohol possession or consumption,at any time?DYes [IJNo If so, pleasesetforth all details regarding same,andwhat thefinal disposition ofthe chargewas. Haveyou had a liquorlicensein any otherjurisdiction. If so,set forth all details regarding same. If you have answered "Yes"to (B),(C), or (0), attach a summary of explanation which include date and place of forfeiture, convictions and/or revocation. Rev. 04/0512013 Shareholderand/or Site Manager Background Form 2269 of 651 Please read these statement carefully and be aware by agreeing to allow the City of Evanston to investigate your residential,employment,and criminal background,you will be waiving and releasing all claims for damage you might sustain arising out of the criminal background check and review,which include fingerprinting. I AUTHORIZE an investigator or other duly accredited representative of the City of Evanston or its agent to obtain any information relating to my activities from individuals, schools, residential management agents, employers, criminal justice agencies, retail business establishments, or other sources of information. This information may include, but is not limited to, my residential, achievement, performance, attendance, disciplinary, and employment history. I specifically authorize an investigation regarding my criminal history. I AUTHORIZE custodians of records and other sources of information pertaining to me to release such information upon request of the investigator or other duly accredited representative of the City of Evanston or its agents authorized above, regardless of any previous agreements to the contrary. I WAIVE and relinquish all claims I may have against the City of Evanston and its officers, agents, servants, and employees, as a result of participating in this background check. I had my legal counsel review this application prior to submission YES [£]NO D I SWEAR (OR AFFIRM) that the statements contained herein are true and correct. I understand that a liquor license is a personal privilege, not a right. I shall not violate any of the ordinances of the City of Evanston or the laws of the State of Illinois or the laws of the United States of America, in the conduct of the place of business described herein; and that I have read, understand, and shall abide by Title 3, Chapter 4 of Evanston City Code, the Liquor Control Regulations for the City of Evanston. I understand and agree that if I violate any local or state ordinance regarding alcohol sales, consumption, or possession, while I have an Evanston liquor dealer's license, that said license may be revoked or suspended. I understand and agree that pursuant to Section 3-4-18 of the City Code, that I am strictly liable for every act or omission of violation of Chapter 4 of the City Code or the Illinois Liquor Control Act. If any information submitted on this application is found to be untruthful, I understand and agree that my license application may be rejected. I understand and agree that I am responsible for the payment of court reporter fees if a license suspension/revocation hearing is convened relative to my license, and that if I fail to pay such fees (if any), my license (if granted) shall not be renewed. I understand that if my license is granted, that the renewal privilege granted in Chapter4 of the City Code shall not be construed as a vested right. ll_ Cook- Subscribed and Sworn to before me .~~~IThis;:)/0 day of .-J"e/M,fJ-eA.,20 _ Date Rev. 04/0512013 Shareholder and/or Site Manager Background Form 3270 of 651 Corp. Name:Peckish One, LLC DBA:Peckish Pig REFERENCES (Supplement to Application for Liquor License) Name of ShareholderISitemanager:_T_h_o_m_a_s_M_._F_o_g_a_rt_y _ List three non-relative references that have known you for five years or more.) 1. Name: Larry Lannon Address (City, State, Zip): Chicago,IL Relationship: Friend Telephone Number:E-mail Address:Years You Have Known Individual: 20 years 2. Name Mark Hickey Address (City, State, Zip): Telephone Number: Northbrook,IL E-mail Address: Relationship: Friend Years You Have Known Individual: 20 3. Name: Jack Morris Address (City, State, Zip): Telephone Number: I Altamont, MO E-mail Address: Relationship: Friend Years You Have Known Individual: 25 Rev.04/0512013 Shareholder and/or Site Manager Background Form 4271 of 651 \l!.dE\'i1Il~IOIl SHAREHOLDER and/or SITEMANAGER BACKGROUND FORM (Supplement C) CorporationJPartnership Name: Peckish One, LLC Business Name: Peckish Pig FirstName: Jamie Last Name: Evans MiddleInitial. Title:o Sole Owner 0 Partner 0 Corp Officer 0 Site Manager 0 Director 0 Other: %of Stock Ownership: 42.5 Current Residential Address: 1028 Ashland Avenue Home Phone:Work Phone: Suite/Apt.:City: Evanston Cell Phone:E-mail: State: IL Zip: 60202 Dateof Birth (MM/DDIYYYY):SocialSecurity Number:Placeof Birth(City,Stateand Country): Liverpool, UK Are you a citizen of the United States? DYes (2)No,I am a citizen of UK Naturalized Citizen:Naturalization Information: DYes IZ!No 1.Address: 1. Nameof Employer/Business: Plonk, LLC dba Towbar Address(City,State,Zip): 1500 W Jarvis Avenue, Chicago, IL 60626 Telephone:Reason for Leaving: 773-743-2233 nla City: Evanston City: Evanston City: Evanston I State:I Count: state:Zip: IL 60202 State: Zip: IL 60202 State: Zip: IL 60202 2. Nameof Employer/Business: Taste Food and Wine Address(City,State,Zip): 1506 W Jarvis Avenue, Chicago, IL 60626 Telephone:Reason for Leaving: 773-761-3663 nla Position:StartDate: End Date: Owner, manager,buyer 10101/2007 nla 3. Nameof Employer/Business: Celtic Knot Public House Address(City,State,Zip): 626 Church Street, Evanston, IL 60201 Telephone:Reason for Leaving: 847-864-1679 Partner buyout Position Manager,partner StartDate: End Date: 01Ii 0/2005 02/111201~ 272 of 651 Corp.Name:Peckish One. LLC DBA:Peckish Pia o Yes D No If no, whendo youex ect to completeBASSET certification: A.If you are a Site Manager,are you BASSET (Beverage Alcohol Sellers and Servers Education and Training) certified? If yes,pleaseattacha copy of your BASSET certification. B. Have you completed the fingerprint/background check process with the City of Evanston? If no, when do you expect to submit fees and fingerprints?.=a::s=.ao=--__DYes C. Have you ever been convicted of violating a Local City Code, in any jurisdiction?DYes 0No D.Have you ever forfeited an appearance bond for any Federal,State, or Local violations?DYes 0No E. Has any license previously issued to you by Federal,State, or Local authorities been revoked?DYes 0No E. Haveyouever beenarrestedfor anyviolationrelatedto alcoholpossessionor consumption,a anytime?DYes 0 No If so, pleaseset forthall detailsregardingsame,andwhat the finaldispositionof the chargewas. Haveyouhada liquorlicensein any otherjurisdiction. Ifso, setforthall detailsregardingsame. Package goodslicensefor Taste Foodand Wine,Chicago,as listed above. If you have answered "Yes" to (8),(e),or (0), attach a summary of explanation which include date and place of forfeiture, convictions and/or revocation. 273 of 651 Please read these statement carefully and be aware by agreeing to allow the City of Evanston to investigate your residential, employment,and criminal background,you will be waiving and releasing all claims for damage you might sustain arising out of the criminal background check and review,which include fingerprinting. I AUTHORIZE an investigator or other duly accredited representative of the City of Evanston or its agent to obtain any information relating to my aotivities from individuals, sohools, residential management agents, employers, criminal justice aqences, retail business establishments, or other souroes of information. This information may include, but is not limited to, my residential, aohievement, performanoe, attendance, disoiplinary, and employment history. I specifioally authorize an investigation regarding my criminal history. I AUTHORIZE oustodians of records and other sources of information pertaining to me to release suoh information upon request of the investigator or other duly acoredited representative of the City of Evanston or its agents authorized above, regardless of any previous agreements to the contrary. I WAIVE and relinquish all claims I may have against the City of Evanston and its officers, agents, servants, and employees, as a result of participating in this baokground oheok I had my legal oounsel review this applioation prior to submission YES D NO ~ I SWEAR (OR AFFIRM) that the statements oontained herein are true and correot. I understand that a liquor license is a personal privilege, not a right. I shall not violate any of the ordinanoes of the City of Evanston or the laws of the State of Illinois or the laws of the United States of America, in the oonduot of the place of business described herein; and that I have read, understand, and shall abide by Title 3, Chapter 4 of Evanston City Code, the Liquor Control Regulations for the City of Evanston. I understand and agree that if I violate any local or state ordinance regarding alcohol sales, consumption, or possession, while I have an Evanston liquor dealer's license, that said license may be revoked or suspended. I understand and agree that pursuant to Section 34-18 of the City Code, that I am strictly liable for every act or omission of violation of Chapter 4 of the City Code or the Illinois Liquor Control Act. If any information submitted on this application is found to be untruthful, I understand and agree that my license application may be rejected. I understand and agree that I am responsible for the payment of court reporter fees if a license suspension/revocation hearing is convened relative to my license, and that if I fail to pay such fees (if any), my license (if granted) shall not be renewed. I understand that if my license is granted, that the renewal privilege granted in Chapter4 of the City Code shall not be construed as a vested right. State ocllli V)0 IS County of Coo ?-- ) ) SS. ) Shareholder/Site Manager Signature Date Subsoribed and Sworn to before me ms daYOf~20 I:>. OFFICIAL SEAL ANN HINTERMAN NOTARYPUBLIC,STATEOF ILLINOIS MY COMMISSION EXPIRES 09/07/15 (seal) 274 of 651 Corp.Name;Peckish One, LLC DBA:Peckish Pig REFERENCES (Supplement to Application for Liquor License) Name of ShareholderISitemanager:_Ja_m_ie_E_v_a_n_s _ List three non-relative references that have known you for five years or more.) 1. Name: Jeanne Stiles Address (City, State, Zip): Chicago,IL Telephone Number:E-mail Address: Relationship: Friend,business associate Years You Have Known Individual: 7 2. Name Stacey Platt Address (City, State, Zip): Chicago,lL Telephone Number:E-mail Address: Relationship: Friend Years You Have Known Individual: 15 3. Name: Tim Kazurinsky Address (City, State, Zip): 1 Evanston,IL Telephone Number:E-mail Address: Relationship: Friend Years You Have Known Individual: 18 275 of 651 •<h"/Evanston SHAREHOLDER and/or SITEMANAGER BACKGROUND FORM (Supplement C) CorporationlPartnership Name: Pee \sh Olle l LL Business Name: ?eck\s,p\' First Name: Last Name:Middle Initial. M Tille:o Sole Owner ~rtner 0 Corp Officer 0 Site Manager 0 Director 0 Other: % of Stock Ownership: Current Residential Address: i 0 :2 (!A~H~\f\JtD AV l::vv V G Suite/Apt.: City:State: EVANSTON IL Zip: 602o(~ Home Phone:Work Phone:Cell Phone:E-mail: 1\I Date of Birth (MM/DDIYYVY): Social Security Number:Place of Birth (City, State and Country): kl\lt1lZPOOI UK Are you a citizen of the United States? DYes ®o,I am a citizen of oK Position: /"1 AN tf\C1GV( A\/f:W Naturalized Citizen:Naturalization Information: ~No 1.Address: 2. , 3., 276 of 651 Corp.Name:_ DBA:_ DNo[iJ>fes If no,when do you expect to complete BASSET certification: A.If you are a Site Manager, are you BASSET (BeverageAlcohol Sellers and Servers Education and Training) certified? If yes,please attach a copy ofyour BASSET certification. B.Have you completedthe fingerprint/backgroundcheck processwith the City of Evanston? If no, when do you expect to submit fees and fingerprints?A5/\/)DYes C. Have you ever been convictedof violating a Local City Code, in any jurisdiction?DYes Q1\Io D.Have you ever forfeited an appearancebond for any Federal, State, or Local violations?DYes ~ E. Has any license previouslyissued to you by Federal, State, or Local authorities been revoked?DYes lJJ1Jo E.Have you everbeen arrested forany violation related to alcohol possession or consumption,atany time?DYes 0 Ifso,please set forth all details regarding same,and what the final disposition ofthe charge was. Have you had a liquor license inany other jurisdiction.Ifso,set forth all details regarding same. If you have answered "Yes"to (8), (C), or (D),attach a summary of explanation which include date and place of forfeiture, convictions and/or revocation. 277 of 651 Please readthese statement carefully and be aware by agreeing to allow the City of Evanston to investigate your residential,employment,and criminal background,you will be waiving and releasing all claims for damage you might sustain arising out of the criminal background check and review, which include fingerprinting. I AUTHORIZE an investigator or other duly accredited representative of the City of Evanston or its agent to obtain any information relating to my activities from individuals, schools, residential management agents, employers, criminal justice agencies, retail business establishments, or other sources of information. This information may include, but is not limited to, my residential,achievement, performance, attendance, disciplinary, and employment history. I specifically authorize an investigation regarding my criminal history. I AUTHORIZE custodians of records and other sources of information pertaining to me to release such information upon request of the investigator or other duly accredited representative of the City of Evanston or its agents authorized above, regardless of any previous agreements to the contrary. I WAIVE and relinquish all claims I may have against the City of Evanston and its officers, agents, servants, and employees, as a result of participating in this background check.~ I had my legal counsel review this application prior to submission YES 0 NO ....;U::::J==-__ I SWEAR (OR AFFIRM) that the statements contained herein are true and correct. I understand that a liquor license is a personal privilege, not a right.I shall not violate any of the ordinances of the City of Evanston or the laws of the State of Illinois or the laws of the United States of America, in the conduct of the place of business described herein; and that I have read, understand, and shall abide by Title 3,Chapter 4 of Evanston City Code, the Liquor Control Regulations for the City of Evanston. I understand and agree that if I violate any local or state ordinance regarding alcohol sales, consumption, or possession, while I have an Evanston liquor dealer's license, that said license may be revoked or suspended.I understand and agree that pursuant to Section 3-4-18 of the City Code, that I am strictly liable for every act or omission of violation of Chapter 4 of the City Code or the Illinois Liquor Control Act. If any information submitted on this application is found to be untruthful, I understand and agree that my license application may be rejected.I understand and agree that I am responsible for the payment of court reporter fees if a license suspension/revocation hearing is convened relative to my license, and that if I fail to pay such fees (if any), my license (if granted) shall not be renewed.I understand that if my license is granted, that the renewal privilege granted in Chapter4 of the City Code shall not be construed as a vested right. Shareholder/Site Manager Signature Date State of JlI,.n 0 is") /'~f....)SS. County of LQQ J=---) Subscribed and Sworn to before me OFFICIAL SEAL ANN HINTERMAN NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES 09107/15 (seal) 278 of 651 Corp.Name:f C::'.Cl<-lSIt (j tV"'::LL.c- DBA:pl2:C.V~l S lot )0 L"l REFERENCES (Supplement to Application for Liquor License) Nameof ShareholderISitemanager:_ List three non-relative references that have known you for fiveyearsor more.) 1. Name:Relationship: f?~I E:hJ\,O . Telephone Number:Years You Have Known Individual: 2. Name Relationship: Telephone Number: C r-fl C V\~0 IL E-mail Address:years yOU Have Known Individual: 3. Name: SL Telephone Number:E-mail Address: I Years You Have Known Individual: 279 of 651 Following is a small set of items that may be on the menu: Sample Menu Items: •The Plank (Choose 6) o Items to choose from a variety of cheese,olives, and fruit served with homemade crostini. •The Plate (Choose 4) o Items chosen from a variety of cured and smoked meats, pates, and pickles. •The Bowl (Choose 5) o Items chosen from a variety of ingredients like different varieties of lettuce and other greens,vegetables,nuts, beans, and cheese. •Soup de jour o Utilizing fresh ingredients of the season and/or picks from farmers market to create delectable soups to pair with other foods, or to take to go on a rainy day •MEAT: o Slow roasted Pork Belly Au Jus o Honey Roast Ribs with Shaved Fennel Coleslaw o Sausage Plate o Egg in Toast with Pancetta o Fried Ham hock,served with salted caramel and spicy balsamic vinegar •SEAFOOD o Smoked Salmon, Chips and Capers drizzled with a fresh herb dressing o Beer Pig Stout Mussells o Pail of Shrimp with a Garlic and Basil Mayonnaise o Seared Tuna with Wasabi Mayo o Tuna wellington with a Honey Sesame Dressing (can opt to do seasonal wellingtons-vi.e.Beef,salmon etc.) o Pan seared Scallops with a Pea Puree •POULTRY o Confit of Duck salad with Blood Orange Slices o King Island smoked cheddar mac and cheese with Duck Confit o Rosemary Roast Chicken on the bone with a Butternut Squash Cream o Coconut marinated Chicken with Cardamom Cream Sauce o Oak Smoked half chicken with Smashed potatoes and carmelized onions. 280 of 651 III VEGETARIAN o Kimchi Potato Cakes with a Plum Sauce o Goat Cheese and Local Honeycomb with Herbed Toast o Green Pea Risotto o Oven Roasted Vegetables with Thyme and Honey o Smashed Roasted Tomatoes on Toasted French bread with Black Pepper o III DESSERTS o Calvadose Prunes with Lavendar Honey o Deep fried Jam Butty with Vanilla Bean Ice Cream o Seasonal Fruit with Creme Fraiche and a Balsamic Reduction o Daily Fresh Baked Cupcakes In addition to a sit down menu,Peckish will feature an assortment of prepackaged,and freshly made items to pick up from the delicatessen side.Prepackaged items to be featured could include but not limited to homemade chocolates,homemade dressings, cheeses, olive oils, olives, and other goods.Freshly made salads, sandwiches,and soups would be available to cater to the lunchtime quick grab and go crowd. 281 of 651 ~ W ~ ~m ol$ ~ ~ ::;) ~ W ~ C)c:: ::I:en 52u W 0.. ~ ~>=~o ~ A2-1 ........-:---.../~l',..oF,tL(I""~·. ..~ I I~""-'""" Floor Plan DoorSchecf FalIhEnvironStudloAn 1208South Blvd. E_,nnnols60 847.722.0944 ~~!ly --0,,1 K01t3Af'Pl.YlOAlJ.S1UAllCNS 1.AlJ.HlIotAlDOCRf1WIESSETIl.lM'JWAUS9W.LllEa:1'S£I'''rfRClt'll£Jll.JAl:D(I' WALllJllllt!tC1ilX,.WU1. %.AU.l/tW'lItIlIIllOllR92lAlLIlEI'Ml1UI/fJJGfmtJIAU.SIOOI. 3.AlJ.lII:QalNll£I'AlHlFo:RCiSlOlItlll'ERA'llCIm.JI'lllE:llIlI:C1XJltrElClT1RA\U W1»CJJTlH!:ll!£trJom.Stttl;lCSPUNSl'CRlIIRm11C1lCFI:m'1RA'oO.. "~lllllIMooalS,lX1tIlIIlRtIOl;R$otDlXRSWDlPAlfCIWlDIWlCSflAl.LIlA'«: ,IU Q.AZIrlG"txXIlS (I'f 'lmIJl:M~CFIlOCRS3W.l1lE 1DIP£RII)wtTYa.AZINll. AU.DOCIlSSlW1llA'oI[I.f';tRlJ'ERA'IED~ olUPUBUC/IIID CCMll:JtOODllRllOCRSllIlIAVEllAXlI'EMIClllRtE lFl.¥All. FWUCANDa:uJlCftlH'lEFldflllllR9lOlIA'<tllAX(ffJlIH;Fl:Rtf;lF5f, ll.F'IlO'I1D£I'RWEltIlAl€ll~C!fNl.IflCE"T~DlXRSASl!O;~'lElIINQlRllENT """"""""""II.ALLJiQt-AA1tDWDalDCCRS~,oaOCMXl)'OlIIl:./StUlClllr. 10.AI1.HYf1lAIItSSIlALLIlt'il£lJlalSllJD.(SPECl 11.MLHll/SIEELDOCl'lSANDfllAIlES9W.1.SEI'ANTED.ClUIllllBESll!l:ttllIrfOVNll- GENERAL DOOR &FRAME NOTES ~1,Ml~ ®® DOOR FRAME ELEVATIONSV4_141" fflffE==~""'(m', o AI..lJMl'NUM.wm (HEAD SOL) ~"""""""""'"''''''............."""'".'" o .Uif"......'"1INJal~J'LDlRlll:,t1UWtl. FWEI.=:lMRDlSr. D:ISf.2lIII1I1, fIWlllIJOtlrl1.C, ID'lDlI'.~J02IIIll'ID.I'1WIIlCtllJiOOl1l!l,.~ltlSlFPllllr..cussp;,n SlIH'IllIiIE FlWl(ISJU.srm:s HOUOWmALJAU9{HOOSlM.) ~I ""t """,,_ ~.'..'~~•i Eo\SilX I i I i ).l.)...*....""'''""'''''"'.- """"""".......'" w............."" '".m~.... ""'""""- HOl.LCM'METAlJ.wa{HEADSlM.) ~,~ DOOR ElEVATIONS 1/4.1=<1' ~r&1 ~~1_'f~f~f~-I -f'.../'h TDll'....1DIP.!~--~',~.-';:"~,:'"~~~~~" GLAZlNG NOTES: G-1 ClD,R,IDIPERED GlASS ....---"'.""'"""""..."""" DOOR AND FRAME SCHEDULE DOOR FRAME ~~DETAIL FlRE DOOR' RATING HOWE.SET FRAME I NOTESMARKWxKTTHKMATI.EL GLAZING MATI.EL HEAl)JAMB SlU,lABEL FlNlSH ,."t-r:tKrI-r:t 13/4'.........sen ....-I'IU 1018 ~-4"."'-'f'13/4'..=..n ,,,..."I'IU '''''S-{fx7'-tf'13/4',.=..n a ,...,". ""t-ff •.,....(f "/~to '"..n ,, ,11/2.1lIL ...".I'IU ''''~-(f'.T-r:t 13/4"..'"..n ,, ,-.....I'IU,.'"~-If'.1-4',"~..=-to n , , ,..."... '''':f-(/'I"-f1',"~..=to n ,,-....,..." ''''s-evr-e 13/4"..=to n , ,-....,..." ''''s-evr-e ,"~..'"'"n ,,-........" ''''J'Il,'-f".-r-r:t '''~..='"n , ,-...,... '"':t-r:t.1-r:t lJ/~...cs.."..n , ,-_1Cl:Ml,1a'ItlIEN~!/1WUII« 111...'S4'.T-(f''''~-"·-n · ··....""''''''"m :f4'.T-ff 13/4'-··-n ·.'0 -...."''''''"":t-r:t.T-r:f ,"~..=..n ,,--......." '''':1-r:t.1 ....•13/4'"'""·-n ···-....""''''''""'S-ffIT-ff 13/4'..··..n ,a -....,..." "'''rf-r:t.lI-/f 1J/4"....·snn ....---...fEllllEDWIltMllCl:llDCIR' ""r/4'lrI-ff 1 Jp."..DO ·srn .......R£tl,MOWI7.t.W«:OOCR ""r-r a-e ,"~..·"..n ,,...,..." ''''J'Ilt../f'ITJ,f 1J/4'..='"n ,t -...,... ""s-evr-e ,"~-"ct -n ···....""'...., "M :f.JJ'.14f 13/4'..=..n ,,...,....., ""t-r:tl"f-r:t ,"~"'"··-n · · · ...."''''''""t-if."f-ff 13/4""'""-n · ··....,"'.... 282 of 651 ------0) ------0 ~~-------0 eIiIeIii:VO:l NOIlVAON3lloIiIeIiI ------8 =gj~i@~~~~~JL 11------0 A~3M3~8'lN~mflS3~£lId HSI>103d .~ "'~~I ~ l-------'.l---.=---lfi1 ~; II 283 of 651 Participant Session Roster Trainer: Date Held: No. Retakes: Total: Course: For State: No. Passed: Session ID: Processed: No. Failed: Received: Renee Labrana (26273) 09/24/2013 0 (N = New, R = Retake) 4 IL 10/17/2013 4 0 301439 10/15/2013 TIPS On Premise 3591537 N Pass DOB: Expires: 09/24/2016 SSN: JAMIE EVANS 3591538 N Pass DOB: Expires: 09/24/2016 SSN: THOMAS FOGARTY Peckish Pig Evanston, IL 60202-3941 USA 3591539 N Pass DOB: Expires: 09/24/2016 SSN: DEBORAH EVANS Peckish Pig Evanston, IL 60202-3941 USA 3591540 N Pass DOB: Expires: 09/24/2016 SSN: INDIA MUSSELL-MCKAY Peckish Pig Evanston, IL 60202-3941 USA Note: Due to state privacy restrictions, Social Security Number is now only listed when required by state law Printed on 10/17/2013 284 of 651 Page 1 of 4 MEETING MINUTES Liquor Control Board Thursday, October 10, 2013 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Elizabeth Tisdahl, Marion Macbeth, Byron Wilson Members Absent: Dick Peach, Dave Skrodzki Staff Present: W. Grant Farrar, Theresa Whittington Others Present: Nicolae Marian (Jilly’s Café); Deborah Evans (Peckish Pig); Jamie Evans (Peckish Pig); Thomas Fogarty (Peckish Pig); Diana Hammann (The Wine Goddess); Walter Clements (Sfuso-Style Café); Jesse Opdycke (Sfuso-Style Café); Richard Sandrok (Brew Supply Store); Justin Cory (winestyles); Sandeep Ghaey (Vinic Wine) Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor CALL TO ORDER The Local Liquor Control Commissioner Elizabeth Tisdahl called the meeting to order at 11:00 a.m. All attendees introduced themselves and specified his/her role related to the meeting. NEW BUSINESS D.N. Marian, Inc. d/b/a Jilly’s Café, 2614 Green Bay Road, Evanston, IL 60201: Mr. Marian explained his intention to acquire Jilly’s Café. He is seeking a Class D (Restaurant: Beer/Wine only) liquor license under the new corporate ownership name. He has been an employee of the restaurant for several years and will soon be its new owner. All operations will remain exactly the same. Mr. Marian expressed concern over the time frame for City Council approval as change of ownership will be effective November 29th. Mayor Tisdahl suggested that he contact Alderman Grover to see if she might be able to “suspend the rule” at the 10/28/13 City Council meeting in order to expedite the license. Mayor Tisdahl instructed Theresa Whittington to assist Mr. Marian in obtaining contact information. The Local Liquor Control Commissioner asked the members if there were any concerns over Mr. Marian’s request. No concerns were voiced. The board recommended issuing a Class D Liquor License to be introduced at the City Council meeting on October 28, 2013. Peckish One LLC d/b/a Peckish Pig, 623-6271/2 Howard Street, Evanston, IL 60202: Deborah and Jamie Evans explained their request to obtain a Class T (Combination Restaurant/Brewpub) liquor license. Deborah and Jamie were partners in The Celtic Knot for eight years before leaving to start Peckish Pig. 285 of 651 Page 2 of 4 Marian Macbeth asked Thomas Fogarty about BASSET training. He explained that he is trained and that the certificate will be forthcoming. The Local Liquor Control Commissioner asked the members if there were any concerns over the Peckish Pig request. No concerns were voiced. The board recommended issuing a Class T Liquor License to be introduced at the City Council meeting October 28, 2013. Wine Goddess LLC, d/b/a The Wine Goddess, 702 Main Street, Evanston, IL: Diana Hammann explained to the board her request to sell wine and beer by the glass at her wine shop, currently licensed under Class Y. Ms. Hammann explained that the presence of Trader Joe’s has hurt her business. She estimates that overall weekend sales have been down by 30-50% since they’ve opened. Ms. Hammann proposed adding a license provision to Class Y that will allow for sale of wine and beer by the glass for on-site consumption. She feels this might give smaller, independent wine shops a competitive advantage over big box stores. She pointed out that the typical bottle of wine yields a 33% profit margin while a wine by the glass could be up to 75% profit margin. Ms. Hammann previously considered changing her class to a restaurant/retail license (AA) but found the bathroom and kitchen requirements to be cost prohibitive. Once the estimates reached $40,000, she stopped counting the costs. Furthermore, she stated that running a restaurant is outside her realm of expertise. She stated that she wants to remain primarily a wine retailer. Ms. Hammann explained that allowing wine and beer by the glass offers benefits to the City by way of increased liquor tax revenue and gains to local businesses that might experience traffic from Wine Goddess patrons. She stated further that she has had requests from community members seeking an alternative to traditional bars for gatherings such as book clubs and knitting circles. Ms. Hammann also noted to the board that the wine retailer/on-site consumption model is popping up all over the country. She included a non-exhaustive list of such entities, five (5) of which are located in the Chicago area. She also noted that most are offering cheese plates. She stated that she has no issue offering a cheese plate by way of food service. Mayor Tisdahl asked Grant Farrar if allowing alcohol by the glass without food for Class Y will put the City in a position to have to allow it for all licensees. Mr. Farrar responded that he foresees it as a possibility that other licensees will seek to deviate from the established models of their respective liquor licenses. One eventuality could be the City moving one step closer to allowing for a “basic” bar. Ms. Hammann questioned if that would be an issue if the code required a Class Y licensee to have most of its floor space dedicated to retail sale of wine. Mr. Farrar explained that the issue extended beyond Class Y and to the greater issue of other license class holders seeking deviations that bring the City closer to traditional bar service, without fully functioning kitchens. Dick Peach asked about the food requirement for Temperance’s tasting room. Grant Farrar responded that there is a limited food requirement for that establishment. Mr. Peach asked if a similar model could be extended to Class Y licensed establishments. 286 of 651 Page 3 of 4 Ms. Hammann offered that she has discussed the food requirement with the owner of Temperance Beer and was told that he plans to offer bagged pretzels to tasting room patrons. Dick Peach stated that if the City if going to allow bagged pretzels or chips for an establishment like Temperance that the City might be able to offer it to Class Y. Mr. Peach went on to state that he understands Grant Farrar’s concerns about setting a precedent but he does not foresee licensees who have full service kitchens deciding to abandon that model in order to reduce food service to only pretzels and chips in a bar setting. Grant Farrar noted that there is a distinction between tastings and retail sales. Tastings are capped. Mr. Farrar asked the board if a cap on retail sale for on-site consumption is something they would want to consider. Mayor Tisdahl asked how that might work and Mr. Farrar offered that the liquor board and City Council could recommend and could set a cap of 1 to 2 glasses. Marian Macbeth offered the view that if the City is already allowing an establishment like Temperance to offer pretzels and chips that the City has already set a precedent for some license classes to be able to sell alcohol without a full kitchen or food service. Considering the lack of full meal offering, Ms. Macbeth is in favor of a cap on the amount of alcohol that can be consumed. Mayor Tisdahl asked Sandeep Ghaey of Vinic Wine if his sales have suffered from the presence of Trader Joes. Mr. Ghaey responded that he has had a couple of down months that might be attributed to Trader Joes and/or the Davis Street construction project. He added that these are the first down months he has had in four (4) years. He feels offering glass pours to customers will enhance the community feel of his store. He does not envision Vinic Wine becoming a hang out destination but rather a place to stop off for a glass of wine before having dinner elsewhere downtown. He is in favor of a cap on the amount of on-site consumption sales. The Local Liquor Control Commissioner asked the members if there were any additional concerns over Diana Hammann’s request. All members are in favor of placing a cap of two glasses on the sale for on-site consumption. The board recommended amending Class Y to allow for onsite consumption. The amendment will be introduced at the City Council meeting October 28, 2013. Richard Sandrok, the Grain & the Grape, Homebrew and Winemaking Supply Retailer: Mr. Sandrok approached the Liquor Board for consideration of creation of liquor license classification to allow for the brewing and storage of alcohol as part of in-store educational instruction. Mr. Sandrok distributed a packet describing his business model and outlining similar businesses in the Chicago-land area. The Grain & the Grape will be a retail store offering hardware, agricultural goods, serving-ware, and hands-on education for all aspects of the wine and beer making process. Mr. Sandrok inquired if a liquor license would be necessary for his business. Mayor Tisdahl asked if there would be sampling of beers and wines on the business premise. Mr. Sandrok replied that there would be sampling of alcohol brewed as part of the demonstration class experience. He would also store small amounts of alcohol during the fermentation process. Fermenting would take place in 1 gallon containers. Mayor Tisdahl asked Grant Farrar if the sampling of alcohol would necessitate a liquor 287 of 651 Page 4 of 4 license. Grant Farrar stated that he would need time to research the Illinois Homemade Brewed Beverage act. Mr. Farrar also asked Mr. Sandrok to present additional background or research materials as to the type of licensing held by other similar businesses in neighboring jurisdictions. Mayor Tisdahl indicated that this matter would be continued to the next Liquor Control Board meeting in order to allow time to further research the issue. Walter Clements, Sfuso-Style Wine Sales: Walter Clements and Jesse Opdycke approached the Liquor Board for consideration of request to amend Class AA (Deli Restaurant/Gourmet Food Retail) or Class S (Restaurant/Retail sale) liquor license to allow for the sale of wine “sfuso” style in bulk containers and expansion of business hours. Mr. Clements explained that “sfuso” is an Italian term and refers to a young table wine intended for immediate consumption and is traditionally sold in bulk container (liters). Customers bring in refillable containers (typically 1 liter in size) and have them filled by the retailer. Traditional bottled wine has high shipping costs due to the added weight of individual glass bottles and air. Vino sfuso is more cost effective because it is traditionally distributed in stainless steel or oak casks. It is also more environmentally friendly because consumers fill the wine using refillable bottles. In addition to the retail sale of bulk vino sfuso, Mr. Clements plans to offer food in a restaurant setting. His concept is a wine café that sells retail wine in refillable bottles rather than prepackaged bottles. The café would offer small plates, coffee and pastries. Mr. Clements stated that Class AA seemed a close fit to his business plan with the exception of the requirement that retail sales be limited to alcohol in original packaging. Grant Farrar concurred that Class AA is the closest match for Mr. Clements concept. Marion Macbeth asked if the containers would be sealed. Mr. Clements responded that he has not thought that far ahead on the concept. His original idea was to allow customers to bring in their own old wine bottle with cork and charge by the liter. He said he is open to exploring ideas to seal the product. Grant Farrar pointed out that there ought to be some sort of container standard. Mr. Clements responded that he would do some research on container options and perhaps limit containers to only approved containers sold by the establishment. Mayor Tisdahl indicated that this matter would be continued to the next Liquor Control Board meeting in order to allow time for Walter Clements to research and present information to the board about containers and sealing. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl, Mayor at 12:03 p.m., October 10, 2013. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 288 of 651 For City Council meeting of October 28, 2013 Item A11 and A12 Ordinances 116-O-13, 117-O-13: Jilly’s Café Liquor Licenses For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Admin. Adjudication & Liquor Licensing Manager Subject: Ordinances 116-O-13 and 117-O-13, Changing Class D Liquor Licensee Due to Change in Ownership of Jilly’s Café, 2614 Green Bay Road Date: October 11, 2013 Recommended Action: Staff recommends City Council adoption of Ordinances 116-O-13 and 117-O-13. Summary: DN Marian, Inc., is purchasing Jilly’s Café, 2614 Green Bay Road. (A11) Ordinance 116-O-13 withdraws the Class D license issued to the previous owner. (A12) Ordinance 117-O-13 issues a Class D license to the new owner. Legislative History: On October 10, 2013, the Liquor Control Review Board met and recommended issuance of a Class D liquor license to DN Marian, Inc., to replace the liquor license held by previous management. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinances 116-O-13 and 117-O-13 Application See Agenda Item A10 for October 10, 2013 Liquor Control Review Board Minutes Memorandum 289 of 651 10/11/2013 116-O-13 AN ORDINANCE Amending Subsection 3-4-6-(D) of the City Code to Decrease the Number of Class D Liquor Licenses from Twenty-Two to Twenty-One Due to a Change in Ownership of Jilly’s Café, 2614 Green Bay Road NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class D liquor licenses from twenty-two (22) to twenty-one (21), to read as follows: (D) CLASS D licenses, which shall duplicate class C licenses in all regards except that beer and/or wine only shall be served. It shall be unlawful for any person licensed hereunder to sell “alcoholic liquor” at a “bar,” as defined in Section 3-4-1 of this Chapter, except to persons attending a reception or party not open to the public. The applicants for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be $1,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $1,890.00. No more than twenty-two (22) twenty-one (21) such licenses shall be in force at any one time. SECTION 2: 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. 290 of 651 116-O-13 ~2~ SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2013 Adopted: ___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 291 of 651 10/11/2013 117-O-13 AN ORDINANCE Amending Subsection 3-4-6-(D) of the City Code to Increase the Number of Class D Liquor Licenses from Twenty-One to Twenty-Two (DN Marian, Inc., d/b/a “Jilly’s Café,” 2614 Green Bay Road) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class D liquor licenses from twenty-one (21) to twenty-two (22), to read as follows: (D) CLASS D licenses, which shall duplicate class C licenses in all regards except that beer and/or wine only shall be served. It shall be unlawful for any person licensed hereunder to sell “alcoholic liquor” at a “bar,” as defined in Section 3-4-1 of this Chapter, except to persons attending a reception or party not open to the public. The applicants for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be $1,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $1,890.00. No more than twenty-one (21) twenty-two (22) such licenses shall be in force at any one time. SECTION 2: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 292 of 651 117-O-13 ~2~ SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2013 Adopted: ___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 293 of 651 294 of 651 295 of 651 296 of 651 297 of 651 298 of 651 299 of 651 300 of 651 301 of 651 302 of 651 303 of 651 304 of 651 305 of 651 306 of 651 307 of 651 308 of 651 309 of 651 310 of 651 311 of 651 312 of 651 313 of 651 314 of 651 315 of 651 316 of 651 317 of 651 318 of 651 319 of 651 320 of 651 321 of 651 322 of 651 323 of 651 324 of 651 For City Council meeting of October 28, 2013 Item A13 Ordinance 118-O-13: Class N Liquor License for Walgreens For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Admin. Adjudication & Liquor Licensing Manager Subject: Ordinance 118-O-13, Increasing the Number of Class N Liquor Licenses for Issuance to Walgreens, 635 Chicago Avenue Date: October 11, 2013 Recommended Action: Staff requests consideration of Ordinance 118-O-13. Funding Source: N/A. Summary: Ordinance 118-O-13 amends City Code Subsection 3-5-6-(N) to increase the number of Class N liquor licenses from eight to nine to permit issuance to Walgreens, 635 Chicago Avenue. Adoption of this ordinance will permit Walgreens, a combination drug/grocery store, to sell beer, wine, and alcoholic liquor. Legislative History: N/A. Due to scheduling issues, the Liquor Board was precluded from considering the application prior to the opening of Walgreens. Attachments: Ordinance 118-O-13 Application Memorandum 325 of 651 10/11/2013 118-O-13 AN ORDINANCE Amending City Code Subsection 3-4-6-(N) to Increase the Number of Class N Liquor Licenses from Eight to Nine (Walgreen Co., d/b/a “Walgreens,” 635 Chicago Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 3-4-6-(N) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class N liquor licenses from eight (8) to nine (9), to read as follows: (N) Class N licenses, which shall authorize the retail sale of alcoholic liquor in grocery stores, combination stores as defined in Section 3-4-1 of this Chapter, and wholesale clubs requiring membership in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. The applicant for such license shall pay an initial fee of thirty-five thousand ($35,000.00) and thereafter an annual fee of eleven thousand five hundred dollars ($11,500.00). 1. It shall be unlawful for a Class N licensee to sell a single container of beer unless the volume of the container is greater than forty (40) ounces or 1.18 liters. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this subsection. Nothing in this subsection shall be construed as prohibiting the sale of packages containing six (6) single containers of beer, including such packages consisting of various single containers of beer chosen by the consumer. 2. It shall be unlawful for a Class N licensee to sell a single container of wine unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 3. It shall be unlawful for a Class N licensee to sell a single container of alcoholic liquor, except beer and wine which are regulated by Subsections 1 and 2 above, unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 326 of 651 118-O-13 ~2~ 4. The sale of alcoholic liquor at retail pursuant to the Class N license may begin after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 12:00 midnight on any day. 5. No such license may be granted to an establishment that is located within five hundred feet (500’) of a licensee holding a Class N liquor license. 6. A Class N licensee shall provide a minimum of twelve thousand square feet (12,000 ft2) of production, preparation, and display area in which products are prepared and are for sale. The total number of Class N licenses in effect at any one (1) time shall not exceed eight (8) nine (9). SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 327 of 651 118-O-13 ~3~ Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: _________________________, 2013 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 328 of 651 329 of 651 330 of 651 331 of 651 332 of 651 333 of 651 334 of 651 335 of 651 336 of 651 337 of 651 338 of 651 339 of 651 340 of 651 341 of 651 342 of 651 343 of 651 344 of 651 345 of 651 346 of 651 347 of 651 348 of 651 349 of 651 350 of 651 351 of 651 352 of 651 353 of 651 354 of 651 355 of 651 For City Council meeting of October 28, 2013 Item A14 Ordinance 119-O-13: Class Y Liquor Licenses to Sell Limited Wine by the Glass For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Admin. Adjudication & Liquor Licensing Manager Subject: Ordinance 119-O-13, Amending City Code Subsection 3-4-6-(Y), Class Y Liquor Licenses, to Permit Limited Sale of Wine by the Glass Date: October 11, 2013 Recommended Action: The Local Liquor Commissioner recommends adoption of Ordinance 119-O-13. Funding Source: n/a Summary: Ordinance 119-O-13 amends City Code Subsection 3-4-6-(Y) to permit Class Y liquor license holders to sell no more than two 6-ounce glasses of wine per customer per day. The license holder shall provide accompanying food service, such as a cheese plate and/or pretzels, to customers who buy wine by the glass. Legislative History: On October 10, 2013, the Liquor Control Review Board met and recommended amending the Class Y liquor license. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 119-O-13 See Agenda Item A1 for October 10, 2013 Liquor Control Review Board Minutes Memorandum 356 of 651 10/11/2013 119-O-13 AN ORDINANCE Amending City Code Subsection 3-4-6-(Y), Class Y Liquor Licenses, To Permit Limited Sale of Wine by the Glass NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: Subsection 3-4-6-(Y) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (Y) Class Y licenses, which shall authorize the retail sale of alcoholic liquor, wine and unrefrigerated beer only in original packages to persons of at least twenty-one (21) years of age for consumption off the premises as set forth herein. 1. It shall be unlawful for a Class Y licensee to sell a single sealed container of wine unless the container is greater than or equal to sixteen (16) fluid ounces or four hundred seventy-three thousandths liter (0.473 l). 2. The sale of alcoholic liquor at retail pursuant to the Class Y license may begin after 8:00 a.m. Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 12:00 midnight on any day. 3. Wine tasting of only the wines permitted to be sold under this classification for consumption off-premises shall be permitted during authorized hours of business. Licensees shall not provide more than three (3) free samples, each of which shall not exceed one (1) fluid ounce, to any person in a day. Licensees may sell samples, but the volume of any sample sold shall not exceed four (4) six (6) fluid ounces and the total volume of all samples sold to a person in a day shall not exceed ten (10) twelve (12) fluid ounces. Licensees shall not provide and/or sell more than ten (10) a total of fifteen (15) fluid ounces of samples to any person in a day. Licensees must have at least one (1) BASSET-certified site Manager on-premises whenever offering wine for tasting. Licensees must provide food service when offering wine for tasting. 4. The licensed premises shall not exceed a gross area of five thousand square feet (5,000 ft2) total. 357 of 651 119-O-13 ~2~ 5. Not less than ten percent (10%) but not more than twenty percent (20%) of total gross square foot area of the licensed premises shall be designated for the sale of food. 6. Not more than ten percent (10%) of total gross square foot area of the licensed premises may be designated for the sale of unrefrigerated beer. 7. Not more than two percent (2%) of total gross square foot area of the licensed premises may be designated for the sale of alcoholic liquor other than wine and unrefrigerated beer. The applicant for the renewal only of such licenses may elect to pay the amount herein semiannually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be .....$5,000.00 The total fee required hereunder for renewal applicants electing to make semiannual payments, payable according to the provisions of Section 3-4-7 of this Chapter, shall be .....$5,160.00 No more than three (3) such licenses shall be in force at any one (1) time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. 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: The findings and recitals herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 358 of 651 119-O-13 ~3~ Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: _________________________, 2013 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 359 of 651 For City Council meeting of October 28, 2013 Item A15 Ordinance 78-O-13: Amending City Code Sections for Commercial Signs on Sidewalks 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, Sr. Project Manager Subject: Ordinance 78-O-13 Regarding Commercial Signs on Sidewalks Date: September 16, 2013 Recommended Action: Staff recommends City Council adoption of Ordinance 78-O-13 amending the City Code Section 7-2-6(E), “Commercial Signs on Sidewalks.” This ordinance was introduced at the October 14, 2013 City Council meeting. Summary: Section 7-2-6(E) of the City Code addresses “Commercial Signs on Sidewalks”, which provides for certain private signs to be placed on public sidewalks to direct the attention of pedestrians and low speed vehicular traffic to a particular place of business. Under 7- 2-(6)(h) “Rules And Regulations”, it is added that the permit is revocable if no location acceptable to the City can be found for the sign in front of the business which holds the permit. The proposed amendments to (6)(h) allows the applicant to petition the Director of Public Works with evidence of demonstrable hardship and seek placement of a commercial sign in a location other than directly in front of the applicant’s business. Examples of hardship include the visibility of the business from the roadway. In the event the Department of Public Works receives such requests we will ask for input from the property owner(s) that are impacted by the proposed commercial signs. Attachment: Ordinance 78-O-13 Memorandum 360 of 651 10/9/2013 78-O-13 AN ORDINANCE Amending Portions of City Code Section 7-2-6(E), “Commercial Signs on Sidewalks,” Relating to Signs Not Adjacent to Business Location NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: Section 7-2-6(E)(4), “Permit Applications and Insurance Requirements,” of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 4. Permit Application And Insurance Requirements. At the time of making the annual application for a permit for a sign, the business owner or his or her agent shall furnish the following information: a. Name, address, and phone number of the applicant. b. A detailed drawing to scale (no larger than 11" × 17") showing the storefront, including all doors to the business, the sidewalk area including all obstructions, the proposed location of the sign, and the location of any parking stalls near the proposed sign. A survey of the area is not required, but may be submitted as a means of accurately establishing the location of pertinent features. If permission to place the sidewalk sign is subsequently granted, this drawing will become a part of the permit and will have the approved location of the sign marked clearly on it. c. A drawing to scale of the proposed sign, including all sides if they are different. All legends, logos, wording and any other graphical features must be shown as they will appear on the finished sign. d. An indemnification and a hold harmless statement in a form approved by the City. e. A certificate of insurance valid for the permit period in question, in the amount of three hundred thousand dollars ($300,000.00), naming the City as an additional insured. f. A copy of a valid business license issued by the City, if one is required. g. The appropriate fee (initial application or annual renewal), including any applicable penalties. The entire fee will be refunded if the application is denied. h. If the applicant seeks placement of a sign in a location other than directly in front of the applicant’s business, the applicant shall petition to the Director of Public Works with evidence of demonstrable hardship in the application submission for an exception from the “Commercial Sidewalk Sign” definition. Examples of hardship include public safety concerns for vehicles and pedestrians 361 of 651 78-O-13 ~2~ traversing the roadway or the visibility of the business from the roadway, not mere inconvenience to the applicant. SECTION 2: Section 7-2-6(E)(6)(h), “Rules and Regulations,” of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: h. The permit is revocable by the City. The pPublic safety and convenience are is of paramount importance and prevails over any private use of public space. If the sign impedes the passage of pedestrians, the disabled, bus passengers boarding or alighting from buses, or other uses of the sidewalk, then the permit is subject to revocation if no location acceptable to the City can be found for the sign in front of the business, or when applicable, in an alternative location if approved by the Director of Public Works per Section 7-2-6(E)(4), which holds the permit. In the event of revocation, the permit fee will be prorated based on the length of time the permit was in effect and a refund will be issued accordingly. The occupation of public ways provided for in this Subsection (E) creates no vested rights in the permittee. A permit may be revoked or denied within the sole discretion of the City, with written notice to the permittee or applicant. No hearing is provided in the event the City revokes a permit or denies a renewal. 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 held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. 362 of 651 78-O-13 ~3~ 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. 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 363 of 651 For City Council meeting of October 28, 2013 Item A16 Ordinance 92-O-13: Increase Fines for Snow Emergency Parking Violations For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Jim Maiworm, Assistant Director of Public Works, Operations & Maint. Subject: Ordinance 92-O-13 Amending the City Code to Increase the Fines for Snow Emergency Parking Violations Date: October 8, 2013 Recommended Action: Staff recommends adoption of proposed ordinance 92-O-13 by which the City Council would amend Sub-section 10-11-17(C) of the City Code to increase the fines for snow emergency parking violations. This ordinance was introduced at the October 14, 2013 City Council meeting. Summary: During a discussion with City council on July 15, 2013, staff recommended ticket increases for snow route parking, snow emergency and snow relocation. At the meeting City Council directed staff to retain the fine for snow route parking violations, increase the fine for snow emergency parking violations to match the snow route parking violation, and requested additional information on noncompliant areas and the City’s costs for associated snow/towing operations before considering an increase in the snow relocation fine. Staff presented the requested information to the Administrative and Public Works Committee and received approval to propose an ordinance to increase the fine for snow relocations by $50. The proposed ordinance 92-O-13 includes the proposed fine increases from the Council discussion on July 15, 2013 and the subsequent A&PW Committee discussion on September 23, 2013. Specifically, fines for snow emergency parking violations will increase from $40.00 to $55.00 to match those of a snow route parking ban and the snow relocation fine will increase from $105 to $150. If the ordinance is approved this month the increases will go into effect December 1, 2013. Attachment: Ordinance 92-O-13 Memorandum 364 of 651 9/30/2013 92-O-13 AN ORDINANCE Amending City Code Subsection 10-11-17(C) to Increase the Fines for Snow Emergency Parking Violations NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 10-11-17(C) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: SCHEDULE XVII (C): PARKING VIOLATION PENALTIES 1. Snow Route Parking Ban: Vehicles illegally parked on a snow route, as designated in schedule VI, Section 10-11-6 of this Chapter and in Subsection 10-4-13(B) of this Title during a snow route parking ban, shall pay a fine of fifty-five dollars ($55.00), plus an additional penalty of twenty dollars ($20.00) if paid after the expiration of twenty -one (21) days following issuance of a final determination of liability. 2. Tow Away And Storage; Snow Route Parking Ban: Vehicles towed pursuant to Subsection 10-4-13(E) of this Title shall be subject to the fifty-five dollar ($55.00) fine plus an additional penalty of twenty dollars ($20.00) if paid after the expiration of ten (10) days from the date of issue pursuant to Subsection (C)1 of this Section and to the cost of towing and the daily storage fee, based on the current rate established in the City towing contract. (Ord. No. 7-0-91) 3. Snow Emergency; Vehicle Not Towed: Vehicles illegally parked, as defined in Subsection 10-4-13(D) of this Title, but not towed and relocated, during a snow emergency on all streets, other than those defined by ordinance to be a snow route, shall pay a fine of forty fifty-five dollars ($4055.00), plus an additional penalty of thirty five dollars ($35.00) if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability. 4. Snow Emergency: Vehicles illegally parked as defined in Subsection 10-4-13(D) or (E) of this Title which are towed and relocated during a snow emergency on all streets other than those defined by ordinance to be a snow route shall pay a fine of one hundred fifty -five dollars ($15005.00) plus an additional penalty of fifty dollars ($50.00) if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability. 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 365 of 651 92-O-13 ~2~ 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 366 of 651 For City Council meeting of October 28, 2013 Item A17 Ordinance 106-O-13: Relating to Sidewalks in the City of Evanston 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 & Maintenance Subject: Ordinance 106-O-13 Amending Title 7 of the City Code Regarding Clearance of Snow and Ice from Sidewalks and Other Related Matters Date: October 9, 2013 Recommended Action: Staff recommends the adoption of the proposed ordinance 106-O-13 by which the City Council would amend Title Seven (7) of the City Code relating to clearance of snow and ice from sidewalks and other related matters in the City of Evanston. This ordinance was introduced at the October 14, 2013 City Council meeting. Summary: During the course of routine review of snow and ice regulations consideration ensued regarding enforcement related to clearing snow and ice from public sidewalks. Public Works, Health, and Law Departments collaborated in reviewing the current code and discussing any changes that would be beneficial to the City. Staff from the various Departments discussed numerous options and weighed several different scenarios for adjustments. The suggested Code amendments clarify language to make it both more reader friendly and easier to enforce. The proposed amendments conform to Illinois legal precedent regarding tort immunity. Attachments: Ordinance 106-O-13 Memorandum 367 of 651 10/9/2013 9/20/2013 106-O-13 AN ORDINANCE Amending Title 7 of the City Code, Relating to Sidewalks in the City of Evanston WHEREAS, Article VII, § 6 of the Illinois Constitution sets forth the powers of home rule units of government, and the City of Evanston is a home rule unit of government. Namely, a home rule unit may: … exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals, and welfare; to license; to tax; and to incur debt. ; and WHEREAS, the powers of a home rule unit such as the City are to be construed liberally pursuant to Article VII, § 6(m) of the Illinois Constitution, and the City’s powers as a home rule authority are: “…to be given the broadest powers possible” Scadron v. City of Des Plaines, 153 Ill.2d 164 (1992). A city’s power to regulate and license for the protection of public health and safety is drawn directly from the Constitution, and any such power may only be expressly limited by the General Assembly. Article VII, § 6(i) of the Illinois Constitution; 131 Ill.2d at 230; and WHEREAS, the expansive grant of the home rule mandate in Article VII of the Illinois Constitution is: “broad and imprecise in order to allow for great flexibility…” City of Evanston v. Create, Inc., 85 Ill.2d 101 (1981)(Evanston’s broadly construed home rule powers confirmed that Evanston’s residential landlord tenant ordinance was constitutional). Indeed, the Supreme Court opined: 368 of 651 106-O-13 - 2 - The city of Evanston is a densely populated and highly urbanized community… In accordance with the goals attempted to be achieved by the creation of home rule, the local governing body can create an ordinance specifically suited for the unique needs of its residents and is keenly and uniquely aware of the needs of the community it serves. Id. at 113; and WHEREAS, statutes are presumed constitutional and the burden of rebutting that presumption is on the party challenging the validity of the statute to clearly demonstrate a constitutional violation. Napleton v. Village of Hinsdale, 229 Ill.2d 296, 306 (2008); and WHEREAS, a court has a duty to uphold the constitutionality of a statute/ordinance when reasonably possible, and if a statute’s/ordinance’s construction is doubtful, the court will resolve the doubt in favor the statute’s/ordinance’s validity. Id. citing to People ex rel. Sherman v. Cryns, 203 Ill.2d 264, 291 (2003); and WHEREAS, the Illinois Supreme Court held that “[i]f a subject pertains to local government and affairs, and the [Illinois] legislature has not expressly preempted home rule, municipalities may exercise their power”. Palm v. 2800 Lake Shore Drive Condominium Ass’n, 988 N.E.2d 75, 82-83 (2013), citing City of Chicago v. StubHub, Inc., 979 N.E.2d 844 (2011); and WHEREAS, if the General Assembly has enacted legislation regarding local government affairs without expressly preempting home rule, “home rule units ‘may exercise and perform concurrently with the State any power or function of a home rule unit to the extent that the General Assembly by law does not specifically limit the concurrent exercise or specifically declare the State’s exercise to be exclusive’”. Palm, supra, at 83, citing Illinois Constitution 1970, Art. VII, § 6(i)); and 369 of 651 106-O-13 - 3 - WHEREAS, the City has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and that protect the public health, safety, and welfare of its citizens; and WHEREAS, the Local Government and Governmental Employees Tort Immunity Act, 745 ILCS 10/3-105 provides in pertinent part: § 3-105. (a) Neither a local public entity nor a public employee is liable for an injury caused by the effect of weather conditions as such on the use of streets, highways, alleys, sidewalks or other public ways, or places, or the ways adjoining any of the foregoing, or the signals, signs, markings, traffic or pedestrian control devices, equipment or structures on or near any of the foregoing or the ways adjoining any of the foregoing. For the purpose of this section, the effect of weather conditions as such includes but is not limited to the effect of wind, rain, flood, hail, ice or snow but does not include physical damage to or deterioration of streets, highways, alleys, sidewalks, or other public ways or place or the ways adjoining any of the foregoing, or the signals, signs, markings, traffic or pedestrian control devices, equipment or structures on or near any of the foregoing or the ways adjoining any of the foregoing resulting from weather conditions. 745 ILCS 10/3-105; and WHEREAS, the Illinois Supreme Court specifically held that: ..we recognize the dangers posed by natural accumulations of snow and ice. The absence of a duty to remove them “does not rest upon the notion that the conditions presented by such accumulations are safe. To the contrary, the hazards presented have always been acknowledged, but the imposition of an obligation to remedy those conditions would be so unreasonable and impractical as to negate the imposition of a legal duty to do so. Krywin v. Chicago Transit Authority, 238 Ill.2d 215, 938 N.E.2d 440 Ill., 2010; and WHEREAS, Illinois courts recognize that governmental units are not obligated to remove snow and ice accumulating from natural conditions where accumulation covers a large geographical area and constitutes a hazard generally known to the public; and 370 of 651 106-O-13 - 4 - WHEREAS, the Illinois Supreme Court established long ago that it is unreasonable to expect a city to expend the resources and labor necessary to keep streets and other public ways continuously safe from ice and snow during the winter. Graham v. City of Chicago, 346 Ill.638 (1931); and WHEREAS, cities are not liable for injuries caused by natural accumulations of ice and snow on public property. Moore v. Chicago Park District, 951 N.E.2d 1194, (1st Dist. 2011); and WHEREAS, the City of Evanston is 7.8 square miles, contains 274 miles of sidewalk, that for each mile of sidewalk there are approximately 1,000 sidewalk panels, that there are 41.5 miles of paved alleys and 28.25 miles of unpaved alleys in the City of Evanston, and WHEREAS, the legislative intent and judgment of the City of Evanston, as expressed in this Ordinance amending Title 7 of the City Code, is to state that private property owners are responsible for removing natural accumulations of snow and ice on public sidewalks adjacent to their property, such expression which is controlling; and WHEREAS, due to the hundreds of miles of streets and sidewalks in the City of Evanston, it is fiscally impracticable for the City to shovel, clear, salt and clear natural accumulations of snow and ice on all sidewalks; and WHEREAS, Illinois courts recognize that a City may only be liable for conditions relative to its property only if it is first established that a City had actual or constructive notice of an unreasonably unsafe condition. Zameer v. City of Chicago, 2013 WL 3794172 (1st Dist. App. 2013); Brzinski v. Northeast Illinois Commuter R.R. Corp., 892 N.E.2d 1142 (2008); and 371 of 651 106-O-13 - 5 - WHEREAS, due to the hundreds of miles of streets and sidewalks in the City of Evanston, it is fiscally impracticable for the City to have a property inspection/replacement/repair program for all sidewalks, curb cuts and other areas of City property; and WHEREAS, the City Council considered and adopted this Ordinance pursuant to its home rule, regulatory, and police powers, and, following its deliberations, adopted this Ordinance that is rationally related to legitimate government purposes; and WHEREAS, it is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid, see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747; and WHEREAS, the language of the Local Government and Governmental Employees Tort Immunity Act, sections 10/2-103, 10/2-105, are incorporated via reference as if fully set forth herein; and WHEREAS, under the separation-of-powers doctrine, courts must respect units of local government, such that the City Council’s mandate in adopting this ordinance is entitled to high deference. See Board of Education of Dolton School District 149 v. Miller, 349 Ill.App.3d 806 (1st Dist. 2004); Moore v. Grafton Township, 2011 WL 3524417 (2nd Dist. 2011); and WHEREAS, all persons desiring to be heard on these matters were heard, legislative findings made, a legislative Record created, and this matter was considered by the City Council of Evanston. NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: 372 of 651 106-O-13 - 6 - SECTION 1: That the foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: Title 7, Chapter 2, Section 9 of the Evanston City Code of 2012, as amended, is hereby amended and revised to read as follows: 7-2-9-3. AREAS KEPT FREE FROM SIDEWALKS TO BE CLEAR OF SNOW, ICE, DIRT AND WEEDS. (A) Snow and Ice Sidewalks. Every owner or occupant of any dwelling house or other building, or proprietor or lessee of any enclosed lot or premises, within the City shall, during winter months, whenever there is a snowfall with an accumulation of four inches (4") or more and within twenty four (24) hours of said four inch (4") accumulation, clear a path at least thirty-six inches (36") wide on the sidewalks in front of or adjoining such house, building or premises of snow or ice in order to give access to abutting property and public ways, and keep the same conveniently free therefrom; or shall, in case the snow and ice are so congealed as not to be removed without difficulty or injury to the pavement, spread the same with sand or salt. Every such owner or occupant shall also, at all times, keep such sidewalks clear and free from all obstructions so as to allow pedestrians the safe and unobstructed use of the same. IF such owner or occupant neglects or refuses to clear such snow and/or ice, the City may clear such snow and/or ice or authorize some person to do the same on behalf of the City. Whenever there is a snowfall with an accumulation of four inches (4”) or more within any twenty four (24) span of time, every owner or occupant of a dwelling or other building, or proprietor or lessee of any enclosed lot or premises, shall clear a path at least thirty six inches wide (36”) on the sidewalks in front of or adjoining such house, building or premises of snow 373 of 651 106-O-13 - 7 - and ice. The path shall be created and cleared within twenty four (24) hours of any four inch or greater (4”) snowfall, and the path shall be maintained and clear of snow and ice. If the snow and ice is hardened and congealed such that removal is unduly burdensome or may damage the sidewalk, the sidewalk shall have sand, salt or similar deicing material spread upon its surface. The path shall be cleared and created to give access to abutting property and public ways. All landlords shall clear snow and ice from private sidewalks, walkways, stairs, driveways, parking spaces, parking lots, and similar areas on private property to permit access for tenants and invitees to such private property. If an owner, lessee, proprietor or occupant neglects or refuses to clear such snow and/or ice, the City may clear such snow and/or ice or authorize some person to do the same on behalf of the City. The City, in its sole discretion, may issue notices of violation to an owner, lessee, proprietor, or occupant for violations of this section If the City's agent clears snow and/or ice, a notice of lien of the cost and expense thereof incurred by the City shall be recorded by filing a in the following manner: the City or the person performing the service by authority of the City, in its or his own name, may file notice of lien in the office of the Cook County Recorder of Deeds. The notice of lien shall consist of a sworn statement setting out: 1. A description of the real estate sufficient for identification thereof; 2. The amount of money representing the cost and expense incurred or payable for the service; and 3. The date when the cost and expense was incurred by the City. Such notice shall be filed within sixty (60) days after the cost and expense is incurred. 374 of 651 106-O-13 - 8 - Upon payment of the cost and expense after the notice of lien was has been filed as provided herein, the lien shall be released by the City or person in whose name the lien was has been filed and the release shall be filed of record. in the same manner as filing notice of the lien. Nothing in this section imposes upon the City a duty of care or create a cause of action against the City for personal injury or for damage to personal property due to natural accumulations of snow and ice. Any person who removes snow or ice from the public sidewalk or street shall not, as a result of his/her acts or omissions in such removal, be liable for civil damages. This paragraph does not apply to acts or omissions amounting to willful or wanton misconduct in such snow or ice removal. (B) Dirt and Weeds. Every owner, lessee, proprietor or occupant under this section shall keep sidewalks clear and free of all obstructions at all times, including but not limited to, dirt and weeds. (C) (B) Off-Street Parking Areas. Every owner or occupant of any dwelling house or other residential building, or proprietor or lessee of any business, commercial or public premises within the City, shall clear the off-street parking spaces and access thereto for spaces required to be provided under zoning or other City codes for said premises of ice and snow within twenty four (24) hours of any four inch (4") or greater snowfall. SECTION 3: Title 7, Chapter 3, Section 3 of the Evanston City Code of 2012, as amended, is hereby further amended and revised to read as follows: 7-3-3. ORDINARY CARE BY REPAIR BY CITY DIRECTOR OF PUBLIC WORKS. The City will exercise ordinary care to maintain its property under this section in a reasonably safe condition for the use in the exercise of ordinary care of people whom the 375 of 651 106-O-13 - 9 - City intends and permits to use the property in a manner in which and at such times it was reasonably foreseeable that it would be used. The City shall not be liable for any injury unless it is proven that it has actual or constructive notice of the existence of such a condition that is not reasonably safe in reasonably adequate time prior to an injury to have taken measures to remedy or protect against such condition. Whenever any sidewalk, approach or street crossing shall become broken or need ordinary repairs, the Director of Public Works or his/her designee shall cause the same to be repaired without delay. He/she shall keep an accurate account of the expense of such repairs, and shall report the same to the City Council. SECTION 4: That this Ordinance 106-O-13 shall be in full force and effect from and after its passage and approval in the manner provided by law. SECTION 5: That if any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. The terms and provisions of this Chapter shall be liberally construed so as to effectuate the purposes set forth in this Ordinance. Each and every recital and legislative finding regarding this Chapter is to be construed and interpreted severally. SECTION 6: That the foregoing findings and recitals contained herein, as well as the meeting minutes and legislative Record regarding this issue are found as fact and incorporated herein by reference. The findings, recitals, and legislative Record are declared to be prima facie evidence of the law of the City of Evanston, and shall be 376 of 651 106-O-13 - 10 - received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 7: That in accordance with the Tort Immunity Act, 745 ILCS 10/3-102(b) and 105(a), the City shall not be deemed to have constructive notice of weather conditions regarding sidewalks, because the City does not maintain an inspection/shoveling/clearing system to assess and address weather conditions regarding sidewalks, and weather conditions are by definition transitory conditions that may affect a sidewalk such that an inspection/shoveling/clearing system could not be operated by the City. SECTION 8: That in accordance with the Tort Immunity Act, 745 ILCS 10/ et. seq., the City shall not be deemed to have constructive notice of conditions regarding sidewalks that are not open and obvious, because the City does not maintain an inspection system, nor employ a dedicated sidewalk inspector, to regularly assess, inspect, and register conditions regarding sidewalks. SECTION 9: That this Ordinance 106-O-13 shall be in full force and effect as of December 1, 2013. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: _________________________, 2013 ______________________________ Elizabeth B. Tisdahl, Mayor 377 of 651 106-O-13 - 11 - Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 378 of 651 For City Council meeting of October 28, 2013 Item A18 Ordinance 110-O-13: Parking Prohibition on Austin from Elmwood to Sherman 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, Public Works Rickey Voss, Revenue/Parking Manager Rajeev Dahal, Senior Project Manager Subject: Ordinance 110-O-13 Amending the City Code to Restrict Parking on Austin Street from Elmwood Avenue to Sherman Avenue Date: October 17, 2013 Recommended Action: Staff recommends the adoption of the proposed ordinance 110-O-13 by which the City Council would amend Section 10-11-8 (A), Schedule VIII (A) of the City Code to prohibit parking on the south side of Austin Street from Elmwood Avenue to Sherman Avenue. This ordinance was introduced at the Ocotber 14, 2013 City Council meeting. Funding Source: Funding would be through the general fund budget 2670.65115, Traffic Control Supplies which has $40,000 budgeted for FY 2013. Summary: Saint Francis Hospital requested the City to consider restriction of parking on the subject block. On Austin Street, between Elmwood Avenue and Sherman Avenue, there are two designated pedestrian crossing locations and the hospital has two driveways. The line of sight of pedestrians crossing the street and vehicles exiting the driveways is restricted due to parking on the street. A parking survey of the area was conducted by staff at 6:00 PM and 8:00 PM for three days in August, 2013. The survey area included Elmwood Avenue and Sherman Avenue from Oakton Street to Austin Street, and the south side of Oakton Street from Elmwood Avenue to Sherman Avenue. The results show an occupancy rate of 77% at 6:00 PM and 85% at 8:00 PM. During the survey, parking on Austin Street between Elmwood Avenue and Sherman Avenue was restricted due to street construction. Therefore, the occupancy rate includes the displaced parking that would occur with the recommended restriction. Restricting parking will improve the visibility of pedestrians crossing the street to the parking lot across from the Hospital, and provide improved line of sight for vehicles turning onto Austin Street from the driveways. Attachment: Ordinance 110-O-13 Memorandum 379 of 651 10/1/2013 110110110110----OOOO----13131313 AN ORDINANCEAN ORDINANCEAN ORDINANCEAN ORDINANCE Amending Amending Amending Amending City CodeCity CodeCity CodeCity Code Section Section Section Section 10101010----11111111----8888, Schedule , Schedule , Schedule , Schedule VIIIVIIIVIIIVIII((((AAAA),),),), to to to to ProhibitProhibitProhibitProhibit Parking on Parking on Parking on Parking on the South Side of Austin Streetthe South Side of Austin Streetthe South Side of Austin Streetthe South Side of Austin Street Between Between Between Between Elmwood Avenue and Sherman AvenueElmwood Avenue and Sherman AvenueElmwood Avenue and Sherman AvenueElmwood Avenue and Sherman Avenue NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 10-11-8, Schedule VIII(A) of the Evanston City Code of 2012, as amended, which prohibits parking at all times on certain portions of City streets, is hereby further amended to include the following: Austin Street South side, Elmwood Avenue to Sherman Avenue 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. 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. 380 of 651 110-O-13 ~2~ Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 381 of 651 For City Council meeting of October 28, 2013 Item A19 Ordinance 101-O-13: Decrease Class C Liquor License for Pensiero Ristorante For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Admin. Adjudication & Liquor Licensing Manager Subject: Ordinance 101-O-13, Decreasing the Number of Class C Liquor Licenses due to the lapse in license for Pensiero Ristorante, 1566 Oak Avenue Date: September 13, 2013 Recommended Action: The Local Liquor Commissioner recommends adoption of Ordinance 101-O-13. This ordinance was introduced at the October 14, 2013 City Council meeting. Funding Source: n/a Summary: The Class C Liquor License for Pensiero Ristorante lapsed while the restaurant was closed. Legislative History: n/a Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 101-O-13 September 12, 2013 Liquor Control Review Board Minutes Memorandum 382 of 651 9/13/2013 101-O-13 AN ORDINANCE Amending City Code Subsection 3-4-6-(C) to Decrease the Number of Class C Liquor Licenses from Thirty to Twenty-Nine (Va-P, Inc., d/b/a/ “Pensiero Ristorante,” 1566 Oak Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 3-4-6-(C) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class C liquor licenses from thirty (30) to twenty-nine (29), to read as follows: (C) CLASS C licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a “restaurant”, as defined in Section 3-4-1 of this Chapter. It shall be unlawful for any person licensed hereunder to sell "alcoholic liquor" at a "bar", as defined in Section 3-4-1 of this Chapter, except to persons attending a reception or party not open to the public. Alcoholic liquor may be sold in restaurants holding class C licenses only during the period when their patrons are offered a complete meal. The applicants for the renewal of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be . . . . . . . . . . . . $2,800.00 The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be . . . . . . . . . . . . . . $2,940.00 No more than thirty (30) twenty-nine (29) such licenses shall be in force at any one time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 383 of 651 101-O-13 ~2~ SECTION 3: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: _________________________, 2013 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 384 of 651 Page 1 of 4 MEETING MINUTES Liquor Control Board Thursday, September 12, 2013 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Elizabeth Tisdahl, Marion Macbeth, Byron Wilson Members Absent: Dick Peach, Dave Skrodzki Staff Present: W. Grant Farrar, Theresa Whittington Others Present: Zubin Kammula (Flat Top Grill); Brian Lobenstein (Flat Top Grill); Harlan Powell (Starbucks); Paul Groshko (Starbucks); Christine Karasek (Starbucks); Jose Leon (Starbucks); Kevin Ball (In Grape Company); Robert Weber (In Grape Company) Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor CALL TO ORDER The Local Liquor Control Commissioner Elizabeth Tisdahl called the meeting to order at 11:00 a.m. All attendees introduced themselves and specified his/her role related to the meeting. NEW BUSINESS FT Acquisitions, Inc. d/b/a Flat Top Grill, 707 Church Street, Evanston, IL 60201: Zubin Kammula , attorney for Flat Top Grill, spoke in support of Flat Top Grill’s request for consideration of application for issuance of a Class B (Core Area Restaurant: Beer/Wine only) liquor license. Mr. Kammula explained that his client, FT Acquisition, has purchased the Flat Top Grill franchise as part of a bankruptcy acquisition. They are seeking a new liquor license issued under the new corporate name. He stressed that no operational changes will occur and the restaurant will retain the same menu and management. The Mayor inquired if all employees have BASSET training, Mr. Kammula replied, “yes”. The Local Liquor Control Commissioner asked the members if there were any concerns over Mr. Kammula’s request. No concerns were voiced. The board recommended issuing a Class B Liquor License to be introduced at the City Council meeting on September 23, 2013. Coffee house Holdings, Inc. d/b/a Starbucks Coffee #243, 1734 Sherman Ave., Evanston, IL 60201: Harlan Powell, attorney for Starbucks, spoke in support Starbuck’s request for consideration of application for issuance of a Class B (Core Area Restaurant: Beer/Wine only) liquor license. Mr. Powell explained that serving beer and wine is a new concept that Starbucks is introducing in limited markets. They are trying to attract the same current demographic and extend their interest in visiting Starbucks into the 385 of 651 Page 2 of 4 evening hours by offering beer and wine, along with small plate food selections. They hope to offer locally sourced craft beers and three to four different wine selections. Alcohol will be served by the glass and limited to one sale per customer order. Mr. Powell stressed that Starbucks plans to remain primarily a coffee company and service of alcohol is sought as an added convenience. He estimated alcoholic beverage sales to account for no more than 3-4% of overall store sales. Roll out of alcohol service at other Starbucks has run smoothly and without controversy. Starbucks is taking the introduction of alcohol slowly with plans to hone the process as it develops. Mayor Tisdahl asked for confirmation that Starbucks is seeking a liquor license for the one location at 1734 Sherman. Mr. Powell and Mr. Groshko (Regional Director) confirmed that is the case. Marion Macbeth asked if customers would be limited to one glass of beer or wine. Mr. Powell said no and clarified the ordering process. A customer is only allowed to order one alcoholic drink at a time. Marion Macbeth expressed concern over Starbucks’ proximity to Northwestern University and the college students possibly taking advantage of the service of alcohol. Mr. Groshko stressed that anyone who appears to be under the age of Forty (40) years old will be asked to present I.D. and it is a one beverage per customer per order policy. Starbucks runs a similar concept near Depaul University in Lincoln Park Chicago and it does not appear that Starbucks is a location the students are interested in drinking alcohol at. The environment and business model is not conducive to bar-like college student drinking. He also stressed the Starbucks model to interact more with customers. Byron Wilson inquired about carry-outs and which type of vessels beer and wine will be served in. Mr. Groshko stressed that patrons would not be allowed to carry out alcohol and that alcoholic beverages will be served in glass vessels. Byron Wilson expressed concern that one might pour an alcoholic beverage into an empty coffee carry-out container. Mr. Groshko conceded that anything is possible and that Starbucks will maintain strict vigilance to make sure incidents like that do not occur. All employees responsible for any aspect of alcohol service will be Twenty (21) years or older and have BASSET training. Furthermore, Starbucks has a comprehensive training guide developed to encourage responsible alcohol service. Mr. Groshko is confident that Starbucks will be able to serve alcohol responsibly. Mr. Groshko opened the first Illinois store to serve alcohol in Schaumburg a little over a year ago. The BASSET training has been very effective in teaching staff what to look out for. With regards to carry-out, there have been no reported issues at any of the locations across the country which includes Portland, Seattle, Atlanta and L.A. He also reported that evening customers tend to buy more food than alcohol. Alcohol service allows expansion of the business beyond early morning and afternoon into the early evenings. Mayor Tisdahl requested a six (6) month progress report on the percentage of sales attributable to alcohol and food. Jose Leon (Store manager) explained that Starbucks has daily interactions with Evanston and Northwestern police. The store location experiences a lot of local Evanston police presence. Jose explained that a lot of the Starbucks training includes tips on how to spot an unruly customer and how that customer’s negative behavior leads to a poor experience for the rest of the patrons. Starbucks does not want the behavior of one to ruin the experience for all. Grant Farrar brought up an issue with the definition of restaurant for purposes of class B licenses. The definition specifically states food service offered by “coffee shops” do es 386 of 651 Page 3 of 4 not satisfy the food requirements for class B licenses. Mr. Farrar recommended the definition of restaurant food service be amended to remove reference to the term “coffee shop”. He proposed introduction of this amendment at the same time approval of the license is sought. The Local Liquor Control Commissioner asked the members if there were any concerns over Starbucks’ request. No concerns were voiced. The board recommended amending the definition and issuing a Class B Liquor License to be introduced at the City Council meeting October 14, 2013. OLD BUSINESS In Grape Company LLC d/b/a/ In Grape Company, 828 Davis Street, LL5, Evanston, IL 60201: Continued discussion and consideration of application for issuance of a Class Y (Retail Wine Sales) liquor license. Robert Weber, attorney for In Grape Co., spoke in support of its application for a Class Y liquor license. Mr. Weber summarized the store concept as one in which the sales would originate from the Evanston store but the marketing and events would take place in the homes of customers. Guests at in-home events can express interest in purchasing wine but the actual orders of wine would get processed on-premise through the Evanston store. Purchases would get delivered by the operator from the store to the purchaser. Mr. Weber summarized that the issue encountered at the prior meeting was that the In Grape Co. model does not fit exactly into the Class Y license format. Mr. Weber submitted for the Board’s review examples of ordinances and statutes from other jurisdictions to which In Grape Co.’s business model do es conform. Mayor Tisdahl asked if the other Class Y license holders were invited to this meeting. Theresa Whittington confirmed that she did extend an invitation to all three (3) license holders to attend the meeting; none of them were in attendance. Kevin Ball (Owner) clarified that all events taking place in a customer’s home will take place after the purchase of wine from his store. Marion Macbeth asked if consultations outside of Evanston would cause him any problems with licensing. Mr. Weber clarified that the purchasing transaction will take place in Evanston through the store. Any subsequent tasting parties or events will take place using wine that has already been purchased by the consumer. If others in attendance at the event are interested in purchasing any of the wines, they will have to place an order at a later date through a store transaction. Grant Farrar referenced the proposed language submitted by Mr. Weber and feels some of that language is relevant and can be used in drafting a new liquor class to accommodate this business model. The Local Liquor Control Commissioner asked the members if there were any concerns over In Grape Company’s request. No further concerns were voiced. The board recommended creating and issuing a new liquor class and license to be introduced at the City Council meeting October 14, 2013. FOR DISCUSSION 387 of 651 Page 4 of 4 Illinois Liquor Commission’s Home Brewer’s Special Event Permit: Theresa Whittington brought to the Board’s attention a new liquor license class issued by the State of Illinois for homebrewer’s who wish to hold exhibition, demonstration, competition, tasting or sampling events at a location other than a retail licensed premise or private home. A requisite of the State license is explicit approval from the local liquor commissioner. Theresa Whittington asked the Board if there was interest at this time in creating a local liquor license to accommodate any future requests. Mayor Tisdahl expressed concern over purity and heath standards of homebrews. She asked if anyone has requested such a license. Theresa Whittington replied that, to date, no one has requested such a license. It was the general consensus of the Board that they do not wish to create a homebrewer’s license class and that the matter would get reviewed more closely should any specific requests be submitted in the future. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl, Mayor at 11:43 a.m., September 12, 2013. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 388 of 651 For City Council meeting of October 28, 2013 Item A20 Ordinance 104-O-13: Increase Class B Liquor License for Starbucks For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Admin. Adjudication & Liquor Licensing Manager Subject: Ordinance 104-O-13, Amending City Code Title 3, Chapter 4 to Permit Issuance of a Class B Liquor License to Coffee House Holdings, Inc. (“Starbucks,” 1734 Sherman Avenue) Date: September 13, 2013 Recommended Action: The Local Liquor Commissioner recommends adoption of Ordinance 104-O-13. This ordinance was introduced at the October 14, 2013 City Council meeting. Summary: Ordinance 104-O-13 amends portions of City Code Title 3, Chapter 4 to Permit Issuance of a Class B liquor license to Coffee House Holdings, Inc., d/b/a “Starbucks,” 1734 Sherman Avenue. Ordinance 104-O-13 deletes the exclusion of “coffee shops” from the definition of “restaurant” in City Code Section 3-4-1 and increases the number of Class B liquor licenses from 18 to 19 for the applicant. The amendment to the codified definition of “restaurant” is a prerequisite to Starbucks being permitted to serve liquor. Legislative History: On September 12, 2013, the Liquor Control Review Board met and recommended amending the codified definition of “restaurant” and issuing a Class B liquor license to the applicant. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 104-O-13 Application See Agenda Item A19 for September 12, 2013 Liquor Control Review Board Minutes Memorandum 389 of 651 9/13/2013 104-O-13 AN ORDINANCE Amending City Code Title 3, Chapter 4 to Permit Issuance of a Class B Liquor License to Coffee House Holdings, Inc. (“Starbucks,” 1734 Sherman Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(B) of the Evanston City Code of 2012, as amended (“City Code”), is hereby further amended by increasing the number of Class B liquor licenses from eighteen (18) to nineteen (19), to read as follows: (B) CLASS B licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption on the premises while food is available. Such licenses may be issued only to hotels or restaurants in the core area. Establishments holding Class B licenses must have some food service available when alcoholic liquor is being sold. The meanings of “hotel,” “restaurant,” and “core area” shall be as defined in Section 3-4-1 of this Chapter. The applicant for the renewal only of such licenses may elect to pay the amount herein semiannually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be four thousand, three hundred dollars ($4,300.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be four thousand, five hundred fifteen dollars ($4,515.00). No more than eighteen (18) nineteen (19) such licenses shall be in force at any one time. SECTION 2: The definition of “Restaurant” in City Code Section 3-4-1 is hereby amended to read as follows: RESTAURANT. Any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, which offers patrons complete meals, including dinner and/or luncheon menu at which the 390 of 651 104-O-13 ~2~ service of alcoholic beverages is incidental and complementary to the service of such meals. Limited food service such as provided by lounges, luncheonettes, diners, coffee shops, drive-ins, etc., does not satisfy the requirements of this definition. 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 held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 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. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: _________________________, 2013 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 391 of 651 392 of 651 393 of 651 394 of 651 395 of 651 396 of 651 397 of 651 398 of 651 399 of 651 400 of 651 401 of 651 402 of 651 403 of 651 404 of 651 405 of 651 406 of 651 407 of 651 408 of 651 409 of 651 410 of 651 411 of 651 412 of 651 413 of 651 414 of 651 415 of 651 416 of 651 417 of 651 418 of 651 419 of 651 420 of 651 421 of 651 422 of 651 423 of 651 424 of 651 For City Council meeting of October 28, 2013 Item A21 Ordinance 108-O-13: Creating Class M Liquor License For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 108-O-13, Creating Liquor License Classification M Date: October 10, 2013 Recommended Action: Local Liquor Commissioner recommends adoption of Ordinance 108-O-13. This ordinance was introduced at the October 14, 2013 City Council meeting. Funding Source: N/A Summary: Ordinance 108-O-13 amends Title 3 Chapter 5 Section 6 of the Evanston City Code to create the new M liquor license classification. This would create a new class, however, given the Liquor Code revisions still awaiting second reading with Council at the October 14th meeting, the effective date of the creation of the new class is January 1, 2014. This will permit the license reclassification in ordinance 90-O-13 to take effect at the same time with the creation of the new M class. The request comes from a proposed licensee doing business as In Grape Company. The proposed new license sets forth in pertinent part: A licensee under this Class M may deliver wine that is sold to retail customers in this state. All deliveries must be made only to a person which is at least 21 years of age. The deliveries must be made for personal use and not for resale purposes. A licensee may sell and deliver wine to a retail customer in the licensee’s licensed premises. The business model proposed by the licensee is the retail sale of wine via a point of contact in Evanston. However, it would not be a traditional wine shop. Rather, the prospective licensee indicated that the business would receive orders for wine and then Memorandum 425 of 651 follow up with delivery of wine to the customer at home. No tastings or sales are permitted at the home. The prospective licensee is following a business model found on the west coast. This is a new license class that is similar to one found in Elk Grove Village, Illinois. The minutes of the liquor board hearing provide additional information. Staff also attaches materials submitted by the licensee. In past instances where a new class was proposed to be created by a prospective licensee, the Council indicated that it wished to consider the ordinance creating a new class separate and apart from an application for a new license. Accordingly, if this ordinance is adopted, staff will follow up at a subsequent Council meeting with the ordinance approving the license application for In Grape Company. Legislative History: The Liquor Control Review Board met and reviewed the proposed business with the applicant two times in 2013. Attachments: Ordinance 108-O-13 See Agenda Item A18 for Minutes of September 12, 2013 Liquor Control Review Board Page 2 of 2 426 of 651 9/23/2013 108-O-13 AN ORDINANCE Enacting a New City Code Subsection 3-4-6-(M) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 3-4-6 of the Evanston City Code of 2012, as amended (“City Code”), is hereby further amended by the enactment of a new Subsection M thereof, to read as follows: (M) CLASS M licenses, which shall authorize the off premises sale, packaging of orders and delivery of original, factory sealed packages of wine for consumption. The applicant for such license shall pay an initial fee of five thousand dollars ($5,000.00) and thereafter an annual fee of five thousand one hundred sixty dollars ($5,160.00). 1. A licensee under this Class M may deliver wine that is sold to retail customers in this state. All deliveries must be made only to a person which is at least 21 years of age. The deliveries must be made for personal use and not for resale purposes. A licensee may sell and deliver wine to a retail customer in the licensee’s licensed premises. 2. It shall be unlawful for a Class M licensee to sell or deliver wine from a premises that is mobile. It shall be unlawful for a class M licensee to sell a single container of wine unless the container is greater than or equal to sixteen (16) fluid ounces or four hundred seventy-three thousandths liter (0.473l). 3. The sale of wine at retail pursuant to the Class M license may begin after 8:00 a.m., Monday through Sunday. Wine shall not be sold after the hour of 12:00 midnight on any day. 4. Any deliveries of wine to a retail customer by the licensee or a carrier used by the licensee shall only be made after verifying by inspecting government issued photo identification that the recipient is at least 21 years of age, obtaining the signature of the recipient of the wine upon delivery, and determining that the recipient is not visibly intoxicated at the 427 of 651 108-O-13 ~2~ time of delivery. If a licensee uses a carrier service for delivery, that licensee shall be liable for any violation of this subsection. The total number of Class M licenses in effect at any one (1) time shall not exceed zero (0). SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This Ordinance shall take effect January 1, 2014. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: _________________________, 2013 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 428 of 651 For the City Council meeting of October 28, 2013 Item A22 Ordinance 111-O-13: Amending City Code Title 4, Building Regulations For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Mark Muenzer, Director of Community Development Jeffrey Murphy, Building and Inspection Services Division Manager Subject: Ordinance 111-O-13, Amending City Code Title 4, Building Regulations, by Adopting the 2011-2012 Model Codes by Reference, with Certain Amendments Date: October 14, 2013 Recommended Action: Staff recommends adoption of Ordinance 111-O-13. This ordinance was introduced at the October 14, 2013 City Council meeting. Funding Source: N/A Discussion: By the adoption of Ordinance 111-O-13 the City would adopt the following model building codes, by reference and with amendments: 2012 International Code Council (ICC) International Building Code 2012 ICC Fire Code 2012 NFPA Life Safety Code 101 2012 ICC International Plumbing Code 2011 National Electrical Code 2012 ICC International Mechanical Code 2012 ICC International Residential Code for One- and Two- Family Dwellings 2012 ICC International Fuel Gas Code 2012 ICC International Energy Conservation Code The model codes are nationally-recognized building regulations designed for the protection of the public health, safety and welfare. Municipalities across the country have adopted these codes in an attempt to standardize regulations. The City currently Memorandum 429 of 651 enforces, pursuant to Title 4 of the City Code, the 2003 versions of the above codes, with the exception of the 2009 Energy Code. All of the 2011-2012 codes and amendments have been reviewed by the appropriate City staff. Many of the amendments are carried over from the previous adoption of the model codes, such as requiring digital submittals of some documents. Key revisions include: • Amended hours of construction/demolition: No such work may be performed after 7:00 p.m. on weekdays without the City’s express permission (see Exhibit A-4, Section 105.8). The Code currently allows for work to continue until 9:00 p.m. on weekdays. Weekend hours will remain unchanged with Saturday construction hours from 8am-5pm and construction prohibited on Sundays (City Manager may still approve Sunday exemptions). • Demolition: The proposed Code provides a more thorough set of demolition regulations to better control dust and debris during demolition as well as provide for more comprehensive clean-up after the completion of construction (see Exhibit A-8, Section 3303.4.1). • Sprinklers: The proposed Code requires fire sprinklers in new buildings (see Exhibit B-4, Section 903.2), except for group living facilities like dormitories and nursing homes (see Exhibit B-9, Section 4-4-3). The current Code requires retrofitting existing structures when they are substantially renovated. • Fines: The proposed Code increases fines for violations to match those already imposed for Property Maintenance Code violations (see various “Penalties” sections of all exhibits). If adopted, the 2011-2012 model codes shall go into effect on January 1, 2014. The additional time will allow staff the opportunity to update its database software to reflect the amended language. Legislative History: The current 2003 model codes with amendments were adopted on April 25, 2005. The 2009 ICC International Energy Conservation Code was adopted in December 14, 2009. Note: The State of Illinois requires all municipalities to enforce the 2012 ICC International Energy Conservation Code. Alternatives: N/A. ------------------------------------------------------------------------------------- Attachments: Ordinance 111-O-13 Page 2 of 2 430 of 651 10/7/2013 111-O-13 AN ORDINANCE Amending Title 4 of the City Code, “Building Regulations,” by Adopting 2011-2012 Model Codes by Reference, with Amendments WHEREAS, the City Council of the City of Evanston finds that it is in the interest of the public health, safety, and welfare to adopt, as its standards for building construction, alteration, and installation permits, certain 2011-2012 model building codes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Title 4, Chapter 2 of the Evanston City Code of 2012, as amended (the “City Code”), “Building Code,” is hereby deleted in its entirety and replaced with the text set forth in Exhibit A, attached hereto and incorporated herein by reference. SECTION 3: Title 4, Chapter 4 of the City Code, “Fire Prevention Regulations,” is hereby deleted in its entirety and replaced with the text set forth in Exhibit B, attached hereto and incorporated herein by reference. SECTION 4: Title 4, Chapter 5 of the City Code, “Plumbing Code,” is hereby deleted in its entirety and replaced with the text set forth in Exhibit C, attached hereto and incorporated herein by reference. 431 of 651 111-O-13 ~2~ SECTION 5: Title 4, Chapter 6 of the City Code, “Electrical Code,” is hereby deleted in its entirety and replaced with the text set forth in Exhibit D, attached hereto and incorporated herein by reference. SECTION 6: Title 4, Chapter 7 of the City Code, “Mechanical Code,” is hereby deleted in its entirety and replaced with the text set forth in Exhibit E, attached hereto and incorporated herein by reference. SECTION 7: Title 4, Chapter 9 of the City Code, “Residential Code,” is hereby deleted in its entirety and replaced with the text set forth in Exhibit F, attached hereto and incorporated herein by reference. SECTION 8: Title 4, Chapter 17 of the City Code, “Fuel Gas Code,” is hereby deleted in its entirety and replaced with the text set forth in Exhibit G, attached hereto and incorporated herein by reference. SECTION 9: Title 4, Chapter 19 of the City Code, “Energy Code,” is hereby deleted in its entirety and replaced with the text set forth in Exhibit H, attached hereto and incorporated herein by reference. SECTION 10: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 11: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. 432 of 651 111-O-13 ~3~ SECTION 12: 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 13: This ordinance shall be in full force and effect on January 1, 2014, 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 433 of 651 111-O-13 ~4~ EXHIBIT A Title 4, Chapter 2, Building Code 434 of 651 111-O-13 ~5~ EXHIBIT B Title 4, Chapter 4, Fire Prevention Regulations 435 of 651 111-O-13 ~6~ EXHIBIT C Title 4, Chapter 5, Plumbing Code 436 of 651 111-O-13 ~7~ EXHIBIT D Title 4, Chapter 6, Electrical Code 437 of 651 111-O-13 ~8~ EXHIBIT E Title 4, Chapter 7, Mechanical Code 438 of 651 111-O-13 ~9~ EXHIBIT F Title 4, Chapter 9, Residential Code 439 of 651 111-O-13 ~10~ EXHIBIT G Title 4, Chapter 17, Fuel Gas Code 440 of 651 111-O-13 ~11~ EXHIBIT H Title 4, Chapter 19, Energy Code 441 of 651 Ordinance 111-O-13, Exhibit A Title 4, Chapter 2, Building Code A-1 CHAPTER 2 - BUILDING CODE 4-2-1: ADOPTION: (A) Pursuant to the authority granted by 65 ILCS 5/1-2-4, and pursuant to its home rule powers, the City of Evanston hereby adopts by reference the 2012 International Building Code, with the additions, deletions, exceptions, and other amendments set forth in this Chapter. All advisory or text notes, other than the rules and regulations contained in the 2012 International Building Code adopted hereby, are expressly excluded from this Chapter. (B) Any reference in the 2012 International Building Code to "Building Official" shall refer to the City’s Manager of Building and Inspection Services. Any reference to "municipality" shall mean the City of Evanston. (C) In the event that any provision of the 2012 International Building Code adopted hereby is in conflict with any provision(s) of the City Code, the more/most stringent shall control. 4-2-2. AMENDMENTS: The 2012 International Building Code adopted hereby shall read as follows with respect to these Sections. 101.4.5 Fire Prevention. The provisions of the 2012 NFPA Life Safety Code 101 and 2012 International Fire Code adopted by the City shall apply to matters affecting or relating to structures, processes, and premises from the hazard of fire and explosion arising from the storage, handling, or use of structures, materials, or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration, or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.6: Electrical: The provisions of the National Electrical Code adopted by the City shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 103: Department of Community Development: 103.1: Creation of Enforcement Agency: The Division of Building and Inspection Services is hereby made responsible for the enforcement of this Code. 103.2: Appointment: Any reference in the 2012 International Building Code to "Building Official" shall refer to the City’s Manager of Building and Inspection Services. Any reference to "municipality" shall mean the City of Evanston 103.3: Deputies: The Building Official shall have the authority to appoint such technical officers, inspectors, plan examiners and other employees as he or she deems 442 of 651 Ordinance 111-O-13, Exhibit A Title 4, Chapter 2, Building Code A-2 necessary to effectuate the purposes of this Code. Such employees shall have powers as delegated by the Building Official. For the maintenance of existing properties, see the Property Maintenance Code adopted by the City. 104.6: Right of Entry: The Building Official and his/her authorized representatives are hereby authorized to make inspections of all buildings, structures, and premises located within the City to determine their compliance with the provisions of this Chapter. For the purpose of making such inspections, the Building Official and his/her authorized representatives are hereby authorized to examine and survey all buildings, structures, and premises within the City. Such inspections shall be made between the hours of 7:30 A.M. and 8:00 P.M. unless circumstances dictate the need for earlier or later inspections, on any day except Sunday, subject to the following standards and conditions: 1) Such inspections may take place only if: a) a complaint respecting said premises has been received by the Building Official and such complaint, in the opinion of said Building Official, provides reasonable grounds for belief that a violation exists; or b) if such inspection is undertaken as part of a regular inspection program whereby certain areas of the City are being inspected in their entirety by direction of the Building Official or the City Manager; or c) if said official has other personal knowledge of conditions providing reasonable grounds to believe that a violation exists; 2) Such inspections shall be made by the Building Official or the City Manager or by any duly authorized representative upon direction of either of said officers; 3) Any person making such inspection shall furnish to the owner or occupant of the structure sought to be inspected, sufficient identification and information to enable the owner or occupant to determine that he/she is a representative of the City of Evanston and to determine the purpose of said inspection. 105.2: Work Exempt From Permit: This Section is omitted entirely. Contact the Building and Inspections Division of the Community Development Department for information regarding work exempt from permits. 105.5: Expiration and Extension: 1) Expiration: a) A building permit shall, without further action by the City, automatically expire and be rendered null, void, and of no further force or effect, if the permit holder does not begin the work authorized by the permit within one hundred eighty (180) calendar days of the date of permit issuance. 443 of 651 Ordinance 111-O-13, Exhibit A Title 4, Chapter 2, Building Code A-3 b) A building permit shall, without further action by the City, automatically expire and be rendered null, void, and of no further force or effect, if, at any time after the work is begun, the permit holder suspends and/or abandons the work authorized by the building permit for a continuous period of one hundred eighty (180) calendar days. c) A building permit shall, without further action by the City, automatically expire and be rendered null, void, and of no further force or effect, four (4) years after the date of permit issuance, unless an extension is granted in accordance with Subsection 2) below. d) If the building or work authorized by a building permit does not receive final inspection approval by the permit expiration date, all work shall stop until the Building Official issues a new permit or grants an extension of time in accordance with Subsection 2) below. All electrical, plumbing, and/or mechanical permits associated with a building permit shall expire concurrently with the building permit. 2) Extension: a) Except for relocation of structures, a permit holder may submit, before the expiration date of the building permit, an application to the Building Official for an extension of time. The application shall be filed no later than one (1) month in advance of the expiration date. The Building Official may extend the building permit once, for a period not exceeding one hundred eighty (180) calendar days, if he/she determines that circumstances beyond the permit holder's control prevented completion of the work. All electrical, plumbing, and/or mechanical permits associated with a building permit shall be extended to expire concurrently with the building permit. b) If a permit holder files application for an extension of time before expiration and in accordance with this Subsection, the existing building permit shall automatically be extended until the Building Official makes a decision on the application for an extension. c) If the building permit expires before an application is submitted for an extension of time, no extension shall be granted. If the previous permit holder or any other applicant wants to proceed with the same development, a new application is required and the application is treated in all respects as a new application. d) If the Building Official previously approved an extension of time in accordance with Subsection a), the Building Official may extend the expiration of the building permit one (1) additional time if he/she finds the following: i) There are no significant change(s) in the regulations applicable to the site since the date the permit was issued; ii) The additional extension is in the public interest; and 444 of 651 Ordinance 111-O-13, Exhibit A Title 4, Chapter 2, Building Code A-4 iii) Circumstances beyond the control of the applicant prevented the authorized work from proceeding. 105.7: Placement of Permit: The building permit or a legible copy of the building permit shall be kept on the site of operations, open to public inspection during the entire time of prosecution of the work and until the completion of the same. Said permit must be posted within forty-eight (48) hours of permit issuance, must remain posted until a certificate of occupancy is issued or the permit expires, and must be visible from the public way. Failure to post and maintain the permit as required by this Section may result in revocation of the building permit and forfeiture of all permit fees. 105.8: Hours of Work Permitted for the Construction, Repair, and Demolition of Buildings: The creation (including excavation), demolition, alteration or repair of any building within the City, other than between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. on weekdays, and eight o'clock (8:00) A.M. and five o'clock (5:00) P.M. on Saturdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the City Manager or his/her designee, or the Director of Community Development Department or his/her designee, which permit may be granted while the emergency continues. 107.2.1: Information on Construction Documents: Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the Building Official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and relevant laws, ordinances, rules, and regulations, as determined by the Building Official. All floor plans, including mechanical, electrical, plumbing and fire protection plans, shall indicate all required fire ratings and where they occur by graphic means with a legend or key. 110.3.3: Energy Efficiency Inspections: Delete. 113: BOARD OF APPEALS: Delete. 117: Digital Submission of Construction Documents Prior to Issuance of Certificate of Occupancy: 1) In addition to the requirement of filing hard-copy construction documents, submission of a series of construction/design documents in a computer digital format is required as part of the permitting process prior to the issuance of any final certificates of occupancy pursuant to the guidelines stated immediately below if one or more of the following applies: a) The valuation of the construction project is, in its entirety, greater than $500,000.00 (five hundred thousand and no/100 dollars). b) When the Director of Community Development, or his/her designee, determines that there are significant changes to the physical characteristics of the property or 445 of 651 Ordinance 111-O-13, Exhibit A Title 4, Chapter 2, Building Code A-5 the structures on or around that property to warrant the submission of electronic documents. 2) Digital data shall be submitted according to the following guidelines: a) The digital data submission shall contain the following three (3) document types: i) Site Plan: A plan view, drawn to scale, depicting the project's location and showing at a minimum: property lines, building footprints, building elevation changes, sidewalks, driveways, proximate reference points identifiable within the City, and any fire lanes. ii) Floor Plan: Exterior plan view for each floor, drawn to scale, showing at a minimum: interior walls, exterior walls, doors, and any stairs and elevators. iii) Elevation Views: Exterior profile view, drawn to scale, showing at a minimum: height of building Sections, main entrance, and roofline. b) Data shall be submitted via compact disc, FTP, e-mail or other media deemed permissible by the Director of Community Development or his/her designee. c) All digital submissions shall be in a format approved by the City's geographical information systems division. d) The data must be a proportionally accurate representation of the construction project, sufficient to fully explain and reproduce the project, with the defined scale clearly represented. e) The permit applicant shall resubmit newly updated information pursuant to the above requirements whenever the applicant or his/her agent makes corrections or updates to the originally submitted information requiring the resubmission of printer-paper documents. 3) Upon request by the person required to submit information in a digital format, or if that party is unwilling or unable to digitally submit information, the City's geographical information systems division will digitally convert paper-based submitted documents. The fee for digital conversion shall be $100.00 (one hundred and no/100 dollars) for each submitted page equal to or smaller than ledger-sized (11" by 17") paper, and $200.00 (two hundred and no/100 dollars) for each submitted page exceeding ledger-sized (11" by 17") paper. 4) Any person who fails to comply with all requirements of this Section shall be subject to denial or revocation of any temporary or final certificates of occupancy pertaining to the project for which the violation has occurred. Denial or revocation of any temporary or final certificates of occupancy shall not preclude the City from seeking fines, costs, and other relief against the violator by filing a complaint or citation with the Circuit Court or Division of Administrative Adjudication. 446 of 651 Ordinance 111-O-13, Exhibit A Title 4, Chapter 2, Building Code A-6 1007.6.1.1: Area of Refuge: The floor of the area of refuge shall be designed with striping or other such means and labeled with the International symbol of access, such that this area is reserved at all times for the intended purpose. 1009.16: Stairway to Roof. In building four (4) or more stories above grade plane, all stairways shall extend to the main roof surface, unless the roof has a slope steeper than four units vertical to twelve units horizontal (33% slope). One stair shall terminate at a minimum four feet (4’) deep landing in a penthouse conforming to Section 1509.2 and shall have a three feet (3’) wide side-hinged door to the roof area. If the door is locked a key in an elevator box shall be provided adjacent to the door. Access to the roof from all other stairs shall comply with Section 1009.16.1 1009.16.1: Access to penthouse roofs. All building penthouse roofs shall have access to them by way of a stairwell or ships ladder. This may be interior or exterior to the penthouse. An interior position shall have access to the roof through a roof hatch which shall be sixteen square feet (16 ft2) minimum and have a minimum dimension of two feet (2’). 1203.1: General. Buildings shall be provided with natural ventilation in accordance with Section 1203.4, or mechanical ventilation in accordance with the International Mechanical Code. All sleeping rooms in new buildings shall be provided with natural ventilation in accordance with Section 1203.4, which may be supplemented with mechanical ventilation in accordance with the International Mechanical Code. The provisions of Section 1203.4.1.1 that allow use of adjoining spaces for ventilation shall not apply to sleeping rooms in new buildings. 1205.1: General. Every space intended for human occupancy shall be provided with natural light by means of exterior glazed openings in accordance with Section 1205.2 or shall be provided with artificial light in accordance with Section 1205.3. Exterior glazed openings shall open directly onto a public way or onto a yard or court in accordance with Section 1206. Notwithstanding the rest of this Section 1205.1, all sleeping rooms in new buildings shall be provided with natural light by means of exterior glazed openings in accordance with Section 1205.2, which may be supplemented with artificial light in accordance with Section 1205.3. The provisions of Section 1205.3 that allow use of adjoining spaces for light shall not apply to sleeping rooms in new buildings. Table 1607.1: Minimum Uniformly Distributed Live Loads and Minimum Concentrated Live Loads: Occupancy or Use Uniform (psf) Concentrated (lbs.) Balconies and decks (including porches) on commercial or multi-family buildings 100 --- Balconies and decks (including porches) on one- and two-family residences only, and not exceeding one hundred square feet (100 ft2). 60 --- 447 of 651 Ordinance 111-O-13, Exhibit A Title 4, Chapter 2, Building Code A-7 3105.1: General: Awnings or canopies shall comply with the requirements of this Section and other applicable Sections of this Code. No person shall erect, install, remove, re-hang, alter, or maintain over public property any awning or canopy for which a permit is required under the provisions of this Code until the requirements of the sign regulations ordinance, Title 4, Chapter 10 of the City Code, are met. Awnings and canopies shall only extend to a point 2 feet back from the curb line. 3106.1: General: Marquees shall comply with this Section and other applicable Sections of this Code. No person shall erect, install, remove, re-hang, alter, or maintain over public property any marquee for which a permit is required under the provisions of this Code until the requirements of Title 4, Chapter 10 of the City Code, are met. Marquees shall only extend to a point 2 feet back from the curb line. 3107.1: General: Signs shall be designed, constructed, and maintained in accordance with this Code. No person shall erect, install, remove, re-hang, alter, or maintain over public property any sign for which a permit is required under the provisions of this Code until the requirements of the sign regulations ordinance, Title 4, Chapter 10 of the City Code, are met. 3201.5: Building Deterioration: In the event that a piece or part of an existing building dislodges and falls onto the public way evidencing movement of building components that comprise imminent danger, the following shall be required: 1) Within forty-eight (48) hours of a written notice of the imminent danger or failed condition by the City of Evanston, the property owner(s) shall install illuminated sidewalk and/or street protection as required by the City of Evanston. If this is not completed in accordance with all city Codes, the City may install such protection at the expense of the property owner(s). 2) Within thirty (30) days of such notice, the property owner shall submit to the City a written report of the conditions by a State of Illinois licensed engineer. If this requirement is not fulfilled in accordance with all city Codes, the violator is subject to a fine of a minimum of $75.00 (seventy-five and no/100 dollars) for each day until the report is submitted. 3) Within sixty (60) days of such notice, the property owner shall obtain permits for all required repairs. If this requirement is not fulfilled in accordance with all city Codes, the violator is subject to a fine of a minimum of $75.00 (seventy-five and no/100 dollars) per day until the report is submitted. 4) Within one hundred eighty (180) days of such notice, all work associated with the repair of the deterioration must be completed and inspected. If the requirement of completion is not fulfilled in accordance with all city Codes, the violator is subject to a fine of a minimum of $75.00 (seventy-five and no/100 dollars) per day until the work is completed, as verified by a city inspector. 448 of 651 Ordinance 111-O-13, Exhibit A Title 4, Chapter 2, Building Code A-8 3301.2: Storage and Placement: Construction equipment and materials shall be stored and placed so as not to endanger the public, the workers or adjoining property for the duration of the construction project. In no case, shall construction equipment or materials be kept or stored on any public way or property. 3303.4: Vacant Lot: Every vacant lot shall be filled, graded, seeded, and/or sodded in accord with 3303.4.1. 3303.4.1: Wrecking, Demolishing, or Razing of Structures: 1) Prior to the issuance of any permit for the wrecking, demolishing, or razing of any building or other structure, the owner of said structure shall deposit, in escrow, funds in an amount deemed sufficient by the Director of Community Development to secure the owner’s obligations to grade, place topsoil, seed, sod, and/or fence any unimproved surface. Should the owner and/or owner’s successor(s) in interest fail to perform said duties, the City may draw on said funds to complete them. 2) Prior to the start of demolition work, the owner and/or owner’s successor(s) shall deliver all water meters on the property to the Utilities Department. 3) Demolition work shall not begin until site has been inspected by the City for placement of temporary fencing and temporary tree protection, and any related measures implemented. 4) Demolition work shall not begin until the owner and/or owner’s successor(s) has established, either by way of a hose connected to the public water hydrant or by the use of a water truck on site, a source for wetting down the structure and resulting debris during the demolition process to minimize the creation of air-borne dust and debris. 5) Written notice stating the date on which work is to begin shall be given to the Director of Community Development and to owners/occupants of adjoining property at least forty eight (48) hours before beginning the wrecking, demolishing, or razing of any building or other structure. 6) During demolition, any temporary structure erected adjacent to or on any public way, used as temporary storage for debris and wreckage, shall be outfitted with reflective orange material outlining every top and bottom corner of said temporary structure, which reflective material will be visible when struck by headlight beams three hundred feet (300') away at night. Said markings shall be approved by the City Engineer. 7) All foundations and footings associated with the demolished structure shall be removed in the course of demolition. 8) Debris caused from the demolition of a building or structure in excess of that required to fill openings shall be removed from the site as wrecking progresses. 449 of 651 Ordinance 111-O-13, Exhibit A Title 4, Chapter 2, Building Code A-9 Salvaged material, if left on the premises, shall be stored neatly. Debris shall be kept from adjacent properties and public ways at all times. 9) On completion of demolition, all debris, equipment and temporary protections shall be removed from the site. In no case shall demolition debris be allowed to remain on the site longer than seven (7) days after the structure has been demolished. 10) On completion of demolition, owner and/or owner’s successor(s) shall immediately restore the public right-of-way to its original condition upon completion of the work, including restoration of openings, broom sweeping walks and streets and raking of grassy areas. 11) On completion of demolition, the property owner and/or owner’s successor(s) in interest shall fill with clean inorganic material with the upper eight inches (8”) filled in friable topsoil and graded to the level of sidewalks, alleys, or adjoining property with allowance for settlement. 12) On completion of demolition, the property owner and/or owner’s successor(s) in interest shall schedule and permit an inspection by the Building Official to determine compliance with the City Code. 13) Unless construction of a new structure on the site commences within sixty (60) days of completion of demolition, the property owner and/or owner’s successor(s) shall seed the property with grass or place sod thereon no later than fifteen (15) days after completion of demolition. The temporary construction fence shall be removed no later than fifteen (15) days after such seeding or sodding. Table 3306.1: Protection of Pedestrians: Height Of Construction Distance From Construction To Lot Line Type of Protection Required 8 feet or less Less than 5 feet Construction railings 8 feet or less 5 feet or more Construction railings More than 8 feet Less than 5 feet Barrier and covered walkway More than 8 feet 5 feet or more, but not more than one- fourth the height of construction Barrier and covered walkway More than 8 feet 5 feet or more, but between one-fourth and one-half the height of construction Barrier More than 8 feet Less than 5 feet Barrier and covered walkway More than 8 feet 5 feet or more, but exceeding one-half of 8-foot high chain link fence, firmly 450 of 651 Ordinance 111-O-13, Exhibit A Title 4, Chapter 2, Building Code A-10 the height of construction anchored into the ground. 3307.1: Protection Required: Add the following sentence: “Required notice to Owner shall also be required for building demolition.” 3401.6: Alternative Compliance. Delete. 3406.1.3: New Fire Escape: Delete. 3406.1.4: Limitations: Delete. 3412: COMPLIANCE ALTERNATIVES: Delete. 4-2-3: BUILDING CONTRACTORS: (A) Definition: The term "building contractor" means any person, individual, company, or corporation engaged in the business of constructing, enlarging, altering, removing, or remodeling any structure by furnishing of labor, material, and methods necessary to accomplish a given result, and who retains for himself/herself the control of the means, method, and manner of accomplishing this desired result. The term "building contractor" shall not be construed to include any person, individual, company, or corporation currently licensed as a plumbing contractor, electrical contractor, or heating, air conditioning or refrigeration contractor. (B) License Required: No person shall engage in the business of building contractor within the City without first having secured a license in the manner provided herein. (C) Application for License: Application for license shall be made to the Community Development Department. All licenses shall be subject to the provisions of this Code, other ordinances of the City and the statutes of the State of Illinois. (D) License Fee: The amount of the annual license fee for persons engaged in the business of building contractor shall be established from time to time by action of the City Council. (E) Examination Required: No person shall receive such a license until he or she has passed a standardized examination administered and designed by the Community Development Department. Said examination shall be for the purpose of determining that all licensees are knowledgeable in the business of building, contracting, and life safety components of the Building Code. (F) Suspension or Revocation of License: 1. If any person shall violate any of the provisions of this Chapter or the Code adopted hereby, he/she shall be liable to be prosecuted against for any fine or 451 of 651 Ordinance 111-O-13, Exhibit A Title 4, Chapter 2, Building Code A-11 penalty imposed thereto and his/her license may be suspended or revoked by the City Manager. 2. No such license shall be so revoked or suspended except after a hearing by the City Manager or his/her designee with a three (3) business day notice to the licensee affording the licensee an opportunity to appear and defend. The notice shall specify the reason for the contemplated suspension or revocation and shall give the date, time, and room number in the civic center of the hearing. Notice shall be sufficient if sent to the address stated on the licensee's application. 3. If the Building Official certifies to the City Manager that he/she has reason to believe that immediate suspension of the license is necessary to prevent the threat of immediate harm to the community, the City Manager may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the license suspended for not more than seven (7) days. The City Manager may extend the suspension during the pendency of a hearing upon a written determination that doing so is necessary to prevent the aforesaid harm to the community. 4. Hearings shall be conducted in accordance with procedures on file with the City Clerk. 5. The City Manager shall issue his/her decision within ten (10) business days after the close of the hearing. In reaching a decision, the City Manager may consider any of the following: a. The nature of the violation. b. The nature and extent of the harm caused by the licensee's action or failure to act. c. The factual situation and circumstances surrounding the violation. d. Whether or not the action or failure to act was willful. e. The record of the licensee with respect to violations. 6. The City Manager may suspend a license for a period of up to ninety (90) days. A licensee whose license has been revoked shall not be eligible to reapply for a license until the expiration of one year after the effective date of the revocation. 4-2-4: PENALTY FOR VIOLATIONS: Any person found to have violated any provision of the 2012 International Building Code as adopted by the City, or who shall fail to comply with any of the requirements thereof, or who shall erect, construct, alter or repair a building or structure in violation of any approved plan or direction of the Building Official or of any permit or certificate issued by 452 of 651 Ordinance 111-O-13, Exhibit A Title 4, Chapter 2, Building Code A-12 the Building Official or his/her designee, shall be guilty of an offense and fined as follows: (A) 1. The fine for a first violation is one hundred fifty dollars ($150.00). 2. The fine for a second violation is four hundred dollars ($400.00). 3. The fine for a third or subsequent violation is seven hundred fifty dollars ($750.00). (B) Each day a provision of this Chapter is found to have been violated constitutes a separate violation subject to the fine schedule set forth in Subsection (A) of this Section. (C) The fines provided for herein shall not be construed as limiting the power of a court of competent jurisdiction or an administrative hearing officer to impose other penalties and remedies as provided for by applicable legislation. 4-2-5: SEVERABILITY: It is the intention of the City Council that the provisions of this Chapter and the Code adopted hereby are severable and the invalidity of any Section or any portion of any such Section of either of them shall not affect any other Section. 453 of 651 Ordinance 111-O-13, Exhibit B Title 4, Chapter 4, Fire Prevention Regulations B-1 CHAPTER 4 - FIRE PREVENTION REGULATIONS 4-4-1: ADOPTION: (A) Pursuant to the authority granted by 65 ILCS 5/1-2-4, and pursuant to its home rule powers, the City of Evanston hereby adopts by reference the 2012 International Fire Code and 2012 National Fire Protection Association 101, Life Safety Code, which shall be used together with the below stated additions and amendments as criteria for the control and regulation of conditions which would constitute fire hazards to persons or property within the city or which would interfere with fire suppression forces, excepting therefrom the sections which are modified or deleted in Section 2 of this Chapter. (B) Any reference in the 2012 International Fire Code or the 2012 National Fire Protection Association 101, Life Safety Code to “Administrative Authority” or “Fire Official” shall mean the Fire Chief of the City of Evanston or his/her designee. Any reference to “municipality” shall mean the City of Evanston. (C) In the event that any provision of the 2012 International Fire Code or the 2012 National Fire Protection Association 101, Life Safety Code adopted hereby is in conflict with any provision(s) of the City Code, the more/most stringent shall control. 4-4-2: AMENDMENTS: (A) 2012 International Fire Code: The 2012 International Fire Code adopted hereby shall read as follows with respect to the indicated Sections. 101.1: Title: These regulations shall be known as the Fire Code of the City of Evanston, hereinafter referred to as "this Code." 108.1: Appeals: Any person, firm or corporation affected by any decision, interpretation or order of the Fire Official made under any provision of these Codes or the standards adopted herein, may appeal such decision, interpretation, or order to the Fire Chief by filing a written notice of such intent to the office of the Fire Chief within fifteen (15) days after the day the decision, interpretation, or order was served. For purposes of this Section, a decision, interpretation, or order is served upon delivery, in the case of personal delivery, and in the case of mailing, five (5) days after deposit in the U.S. mail with first-class postage prepaid. The Fire Chief, or his/her designee, shall convene a hearing upon such appeal within ten (10) days of receipt thereof and may, when no immediate hazard exists, continue such hearing from time to time for cause. The Fire Chief shall establish reasonable rules for such hearings and shall make a record of proceedings. The rules shall be on file with the Fire Chief's office. The decision of the Fire Chief shall be deemed final as to the order or interpretation appealed from. The decision shall be in writing and shall be issued within two (2) business days of its rendering. Where there are practical difficulties in the implementation of the strict 454 of 651 Ordinance 111-O-13, Exhibit B Title 4, Chapter 4, Fire Prevention Regulations B-2 provisions of these Codes, the Fire Chief may modify such provision provided that such modification shall effect substantial conformance with the provisions hereof, provide for the public safety. A person is "affected" for the purposes of an appeal pursuant to this Section when the person has a material or definitive interest in the decision, interpretation, or order of the official. An application for appeal shall be based on a claim that the true intent of a Code adopted by the City or the rules legally adopted thereunder, have been incorrectly interpreted, or the provision of these Codes are adequately satisfied by other means. 307.4.3 Fire Pit Regulations: The use of fire pits will be allowed provided the following regulations are complied with: 1) For clarity, a fire pit includes a permanent below ground fire pit, a permanent grade level outdoor fireplace or a portable outdoor fireplace, all intended to contain and control outdoor wood fires. 2) Portable fire pits, constructed of steel, brick, or masonry, shall be used in accordance with the manufacturers specifications and safety guidelines and must be placed upon a non-combustible surface. 3) Only natural seasoned firewood or commercial logs may be burned. 4) The fires in fire pits shall be kept manageable. 5) The use of the fire pit must be attended and supervised by a competent adult property owner until the fire has been completely extinguished. A legal resident/tenant of a property may use a fire pit in accordance to this ordinance as long as the property owner or assigned management company grants written permission to the legal resident/tenant. The use of the fire pit must be attended and supervised by the legal resident/tenant until the fire has been completely extinguished. 6) A portable ten pound (10 lb.) ABC type fire extinguisher or other approved extinguishing equipment, such as a garden hose, bucket of sand, or dirt, must be readily available. 7) The use of a fire pit which creates a hazardous or objectionable condition shall be prohibited. The code official is authorized to order the extinguishment of a fire in a fire pit creating a hazardous or objectionable condition. 8) The use of the fire pit shall not be located within ten feet (10') of a structure or any combustible material. In no case shall the appliance be located directly under overhead combustible construction. 9) The use of the fire pit shall not cause any building fire alarm system to activate. 10) Guidelines when using fire pit shall include common sense, respect for neighbors and neighborhoods. 308.1.4: Open-Flame Cooking Grills: Barbecue grills shall not be used on any stairs or porches that serve as a means of egress. The use of barbecues will be allowed on balconies or at ground level provided the following regulations are complied with: 1) The use of a cooking grill which creates or adds to a hazardous or objectionable situation shall be prohibited. 455 of 651 Ordinance 111-O-13, Exhibit B Title 4, Chapter 4, Fire Prevention Regulations B-3 2) Read the owner’s manual for safety guidelines. 3) The use of the barbecue shall not cause the building's fire alarm system to activate. 4) A portable fire extinguisher shall be located in close proximity to the barbecue, but not affixed to the grill. The fire extinguisher shall be at least a 10 pound ABC type extinguisher. 5) Extreme caution shall be exercised when lighting the barbecue to prevent flames from elevating to an excessive height. 6) Hot ashes or cinders shall be deposited into noncombustible receptacles free of all combustible material and away from combustible construction. 404.3.1 Fire evacuation plans. Fire evacuation plans shall include the following: 1) Emergency egress or escape routes and whether evacuation of the building is to be completed or, where approved, by selected floors or area only. 2) Procedures for employees who must remain to operate critical equipment before evacuating. 3) Procedures for assisted rescue persons unable to use the general means of egress unassisted. 4) Procedures for accounting for employees and occupants after evacuation has been completed. 5) Identification and assignment of personnel responsibilities for rescue or emergency medical aid. 6) The preferred and any alternative means of notifying occupants of a fire or emergency. 7) The preferred and any alternative means of reporting fires and other emergencies to the Fire Department or designated emergency response organization. 8) Identification and assignment of personnel who can be contacted for further information or explanation of duties under the plan. 9) A description of the emergency voice/alarm communication system alert tone and preprogrammed voice messages, where provided. 10) Procedures that address each hazard that threatens the facility. 408.9.1: Emergency guide: Fire safety evacuation plans in accordance with Section 404.3.1 shall be provided to each living unit on an annual basis. Living units include apartments, condominiums, dormitories, hotels, and any other type of residential or commercial living unit. 505.1.1: Address on Rear and Side Doors: Signage with the address, including the name of the street and business name or building name, shall be installed at all other entrance and exit doors. The sign shall be installed at a height of approximately five feet (5') above the standing surface. The sign shall be installed immediately to the side of the door so it is visible with the door in the open or closed position. All other installation locations shall be approved by the Fire Official. 505.3: Truss Construction Signage: Identification signage as designated by the Fire Official shall be installed on all structures in which the roof is of a truss construction 456 of 651 Ordinance 111-O-13, Exhibit B Title 4, Chapter 4, Fire Prevention Regulations B-4 design. The signage shall be approved by the Fire Official and installed so that it is visible from the street for the Fire Department use. 508.1.1.1: Fire Command Center: All fire command centers shall be equipped with a five (5)-button combination keypad for entry into the room or other entry device approved by the Fire Official. 509.3: Room Identification: Signage shall be placed at all doors identifying the room. The signage shall be installed at a height of approximately five feet (5') above the standing surface. The signage shall be installed immediately to the side of the door so it is visible with the door in the open or closed position. 604.2.18.1: Manual Transfer: Standby power shall be manually transferable to all elevators in each bank. This transfer switch shall be located in the fire command room or location designated by the Fire Official. 605.7.1: Electrical Equipment: The Fire Official may require remote power disconnects for specialized electrical equipment such as solar panels, wind turbines, etc. 901.7.7: Systems Out of Service: Any required fire protection/detection system placed out of service for more than six (6) hours in a day and/or for a cumulative total of twenty (20) hours a week shall require the approval of the Fire Official or his designee. Any fire protection/detection system placed out of service for periods equal to or greater than those stated without the approval of the Fire Official, will be subject to the following fines: ■ First warning: No charge ■ Second warning: $200.00 ■ Third warning: $300.00 ■ Fourth and subsequent warnings: $500.00 903.2: Where Required: Approved automatic sprinkler systems shall be installed in all new buildings and structures with a Group I or R area. Approved automatic sprinkler systems shall be installed in all new buildings and structures with any other occupancy classification that exceeds 5,000 square feet in area. The building area shall be defined in accordance with Section 202 and include each story. 903.3.1: Standards: Sprinkler systems shall be designed and installed in accordance with Section 903.3.1.1, Section 903.3.1.2, or Section 903.3.1.3 and other chapters of this Code, as applicable. A minimum of five (5) psi safety factor in the fire protection system hydraulic calculations shall be provided for all systems, except in one- and two- family dwellings. The system demand shall be five (5) psi below the seasonal low-water test supply. Sprinklers shall be required in all clothes closets, linen closets, pantries, and bathrooms, regardless of size, except in one- and two-family dwellings. 903.3.7.1: Number of Fire Department Connections: The Fire Official shall determine the number of Fire Department connections appropriate for the building. 457 of 651 Ordinance 111-O-13, Exhibit B Title 4, Chapter 4, Fire Prevention Regulations B-5 903.3.7.2: Access to Fire Department Connections: Any Fire Department connection located behind or within landscaping or vegetation shall have a concrete path from the sidewalk or closest public way to the connection. A concrete pad shall also be provided at the Fire Department connection. 903.3.7.3: Type of Fire & Life-Safety Services Department Connections: The type of Fire & Life-Safety Services Department connection shall be approved by the Fire Official. No single two and one-half inch (2½") Fire & Life-Safety Services Department connection is permitted. Fire & Life-Safety Services Department connections shall be installed between twenty-four inches (24”) and forty-two inches (42”) above the standing surface. 903.3.7.4: Fire & Life-Safety Services Department Connection Locator: Provide a white strobe light above all Fire & Life-Safety Services Department connections to flash upon activation of the fire alarm system. All strobes shall be installed at a height that will make it visible from the street. Exception: Existing systems, unless the system is altered, modified, or upgraded. 903.4.3: Sprinkler Control Valves: Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor in all buildings. Control valves shall also be provided for each individual unit (commercial, residential, or business) where the units share a common water supply and have individual entrances. 905.3.1: Required Locations. Class I standpipe systems shall be installed throughout buildings where the floor level of the highest story is located more than thirty feet (30', 9.144 m) above the lowest level of the Fire Department vehicle access, or where the floor level of the lowest story is located more than thirty feet (30', 9.144 m) below the highest level of Fire Department vehicle access. Class I standpipe systems shall be installed throughout buildings where the floor level of the highest story is less than thirty feet (30', 9.144 m) above the lowest level of the Fire Department vehicle access, but the length of hose laid by the Fire Department is greater than one hundred fifty feet (150') from the point of the Fire Department vehicle's access to the furthest point in the building. 905.4.3: Standpipe Hose Connections: All standpipe hose connections shall include a two and one-half inch to one and one-half inch (2½" to 1½") reducer with a cap attached to a chain. The hose connections shall be installed on a forty-five degree (45º) angle towards the floor level unless otherwise approved by the Fire Official. 906.3 Size and distribution. The size and distribution of portable fire extinguishers shall be in accordance with Section 906.3.1 through 906.3.4. In new structures or occupancies, the minimum size fire extinguishers installed shall be 4A:60B:C (Ten Pound). 458 of 651 Ordinance 111-O-13, Exhibit B Title 4, Chapter 4, Fire Prevention Regulations B-6 906.6.1: Fire Extinguisher Signage: Projection style signage shall be installed above each extinguisher to identify the location. The sign shall be installed at a height of approximately six to seven feet (6' to 7') above the standing surface where the extinguisher is mounted. Style of that sign must be approved by the Fire Official. 907.4.4: Smoke Detectors, Where Required: Smoke detectors, installed as part of an approved automatic fire alarm system, shall be installed at the top of all interior stairways and elevator shafts unless otherwise directed by the Fire Official. 907.5.2.2: Emergency Voice/Alarm Communication System: Emergency voice/alarm communication systems required by this Code shall be designed and installed in accordance with NFPA 72. The operation of any automatic fire detector, sprinkler waterflow device or manual fire alarm box shall automatically sound an alert tone followed by voice instructions giving approved information and directions for a general or staged evacuation in accordance with the building’s fire safety and evacuation plans required by Section 404. In high-rise buildings, the system shall operate on a minimum of the alarming floor, two floors above, and the floor below. Speakers shall be provided throughout the building by paging zones. At a minimum, paging zones shall be provided as follows: 1) Elevator groups. 2) Exit stairways. 3) Each floor. 4) Areas of refuge as defined in Chapter 2. Exception: In Group I-1 and I-2 occupancies, the alarm shall sound in a constantly attended area and a general occupant notification shall be broadcast over the overhead page. 914.3.1.2: Water supply to required fire pumps: Required fire pumps for high-rise buildings shall be supplied by connections to at least two (2) water supplies. The two (2) connections shall be made to the same main and valved in such that an interruption can be isolated so that the water supply will continue without interruption through at least one (1) of the connections. Each connection and the supply piping between the connection and the pumps shall be sized to supply the flow and pressure required for the pumps to operate and be provided with its own backflow prevention device. Exceptions: Any water supply arrangement that is approved by the Fire Official and Utilities Department. 1011.3: Illumination: Exit signs shall be internally illuminated. Exception: Tactile signs required by Section 1011.4 need not be provided with illumination. 1022.8: Exit Discharge Identification: An interior exit stairway and ramp shall not continue below its level of exit discharge unless an approved barrier is provided at the level of exit discharge to prevent persons from unintentionally continuing into levels below. Directional exit signs shall be provided as specified in Section 1011. The top of the approved barrier shall not be less than thirty-six inches (36") from the finished floor 459 of 651 Ordinance 111-O-13, Exhibit B Title 4, Chapter 4, Fire Prevention Regulations B-7 of the landing. The barrier shall be self-closing. The only approved method of holding the barrier in the open position shall be a magnetic 'hold open' connected to the building fire alarm system. The barrier shall be a contrasting color from the colors in the immediate area. 1022.9: Stairwell Signage: A sign shall be provided at each floor landing in an interior exit stairway and ramp connecting more than two (2) stories designating the floor level, the terminus of the top and bottom of the interior exit stairway and ramp and the identification of the stair or ramp. The signage shall also state the story of, and the direction to, the exit discharge and the availability of roof access from the interior exit stairway and ramp for the Fire Department. The sign shall be located five (5) feet above the floor landing in a position that is readily visible when the doors are in the open and closed positions. In addition to the stairway identification sign, a floor-level sign in raised characters and Braille complying with ICC A117.1 shall be located at each floor- level landing adjacent to the door leading from the interior exit stairway and ramp into the corridor to identify the floor level. 1103.7.5.2 Group R-1 boarding and rooming houses manual fire alarm system. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.6 shall be installed in existing Group R-1 boarding and rooming houses. Exceptions: Buildings less than two (2) stories in height where all sleeping units, attics, and crawl spaces are separated by one (1)-hour fire-resistance-rated construction and each sleeping unit has direct access to a public way, egress court or yard. Buildings equipped with an approved automatic sprinkler system that is monitored in accordance with Section 903.4.1. 1103.7.6: Group R-2: Existing Group R-2 Occupancies with more than three (3) stories or with more than eleven (11) units shall have a fire alarm system installed in accordance with NFPA 72. These systems shall include both manual and automatic initiating devices. 5601.1.3: Fireworks and Explosives: The possession, manufacture, storage, sale, handling and use of fireworks and explosives are prohibited except as approved by the Fire Official. 5601.2.1 - 5601.2.4: Delete 5602.1: The following terms are defined in Chapter 2: 5602.1: Fireworks: Fireworks include any combustible or explosive composition, and any substance and combination of substances and articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation. Fireworks shall include blank cartridges, toy pistols, toy cannons, toy canes and toy guns in which explosives are utilized; balloons requiring fire underneath to propel the balloon; firecrackers, torpedoes, skyrockets, Roman candles, sparklers and other devices of similar construction; any device containing any explosive or flammable compound; and any tablets and other devices containing any explosive substance. 460 of 651 Ordinance 111-O-13, Exhibit B Title 4, Chapter 4, Fire Prevention Regulations B-8 The term "fireworks" shall not include automobile flares or paper caps containing not more than an average of 0.25 grain (16 mg) of explosive content per cap, and toy pistols, toy canes, toy guns, and other devices utilizing such caps. The sale and utilization of types of explosive devices 5608.2 Permit application. Prior to issuing permits for a fireworks display, plans for the display, inspections of the display site, and demonstrations of the display operations shall be approved. All requests for permits must be made at least fifteen (15) days in advance of the event unless otherwise approved by the Fire Official. A plan establishing procedures to follow and actions to be taken in the event that a shell fails to ignite in, or discharge from, a mortar so fails to function over the fallout area or other malfunctions shall be provided to the Fire Official. (B) 2012 National Fire Protection Association 101, Life Safety Code: 7.3.3.1 Egress capacity for approved components of means of egress shall be based on the 2012 International Building Code. 9.8: Carbon Monoxide (CO) Detection and Warning Equipment: Delete (see City Code Title 9, Chapter 15). 24.3.4.2: Carbon Monoxide and Carbon Monoxide Detection Systems: Delete. 26.3.4.6: Carbon Monoxide Alarms and Carbon Monoxide Detection Systems: Delete. 30.3.4.6: Carbon Monoxide Alarms and Carbon Monoxide Detection Systems: Delete. Chapter 43: Delete in its entirety and replace with the following: 43.2.2.4 Rehabilitation Work Area. That portion of a building affected by any renovation, modification, or reconstruction work as initially intended by the owner, and indicated as such in the permit, but excluding other portions of the building where incidental work entailed by the intended work must be performed, and excluding portions of the building where work not initially intended by the owner is specifically required. 43.6.4.1 In a building with rehabilitation work areas involving over 50 percent of the aggregate building area, automatic sprinkler and detection, alarm, and communications systems shall be provided throughout the building with the requirements of other sections of this Code applicable to new construction for the occupancy. Exception: One- and Two-Family Dwellings. 43.7.2.1 Where a change of occupancy classification occurs, automatic sprinkler and detection, alarm, and communications systems shall be provided throughout the building with the requirements of other sections of this Code applicable to new construction for the occupancy created by the change. 461 of 651 Ordinance 111-O-13, Exhibit B Title 4, Chapter 4, Fire Prevention Regulations B-9 4-4-3: AUTOMATIC SPRINKLER SYSTEMS: Automatic sprinkler systems shall be installed as required by this Section, which is hereby in addition to Section 903 of the International Fire Code. (A) Definitions: AUTOMATIC SPRINKLER SYSTEMS: An engineered system to automatically detect and contain or suppress a fire through fixed piping and nozzles. The system shall be designed in accordance with the fire protection system requirements of the 2012 International Building Code, 2012 International Fire Code and referenced NFPA standards as adopted by the City, and good fire protection practices. The City must approve in writing all systems prior to their installation. DORMITORIES: A space in a structure associated with or serving an educational institution, the primary use of which is group sleeping accommodations provided in one room, or in a series of closely associated rooms, for persons not members of the same family group including structures used for dormitories, sororities, fraternities and similar uses, but excluding rooming and lodging houses. FULLY SPRINKLERED: A sprinkler system that provides protection to the entire structure. HOSPITAL: A structure under the I - 2 use group as defined by the 2012 International Fire Code. IBC: 2012 International Building Code, as adopted by the City. ICC: International Code Council (which publishes the adopted International Building and Fire Codes). IFC: 2012 International Fire Code, as adopted by the City. NFPA: National Fire Protection Association edition as adopted by the City. NFPA 13: National Fire Protection Association standard 13. Provides the minimum requirements for the design and installation of automatic fire sprinkler systems. NONOWNER OCCUPIED ROOMING/LODGING HOUSE: A rooming/lodging house which the owner of the property does not occupy as his/her primary residence. 462 of 651 Ordinance 111-O-13, Exhibit B Title 4, Chapter 4, Fire Prevention Regulations B-10 NURSING HOME FACILITY: Any facility that is licensed or subject to licensure under Title 8, Chapter 12 of this Code regulating long term care facilities or under similar provisions in Illinois law. RETROFIT: To install in, within, or on an existing structure. ROOMING/LODGING HOUSE: Any facility that is licensed or subject to licensure under title 5, Chapter 2 of this Code regulating lodging establishments. STRUCTURE: That which is built or constructed. (B) Systems Provided In Structures: Automatic sprinkler systems shall be provided in the following structures: Dormitories Hospitals Nonowner occupied rooming/lodging houses Nursing homes (C) System Requirements: Any structure required to be retrofitted with a sprinkler system under this Chapter shall have such a system designed and installed in accordance with the fire protection system requirements of the 2012 International Building Code, 2012 International Fire Code and referenced NFPA standards as adopted by this Code. (D) Penalties: Failure to comply with the installation provisions of this Section and any extensions thereof approved in writing by the Fire Chief or his/her designee shall subject the violator to a penalty of $500.00 per month. The City may, in addition to monetary penalties, avail itself of any legal or equitable remedy provided for by law. Occupancies for which a City license is required are not eligible to obtain or retain said license if they fail to comply with this Section, subject to any extension approved in writing by the Fire Chief or his/her designee. 4-4-4: PENALTIES: Except for the penalties specifically relating to automatic sprinkler installation set forth in Section 3 of this Chapter, any person found to have violated any provision of the 2012 International Fire Code or the 2012 National Fire Protection Association 101, Life Safety Code as adopted by the City, or who shall fail to comply with any of the requirements thereof, or who shall erect, construct, alter or repair a building or structure in violation of any approved plan or direction of the Fire Official or of any permit or certificate issued by the Fire Official or his/her designee, shall be guilty of an offense, punishable as follows: (A) 1. The fine for a first violation is one hundred fifty dollars ($150.00). 463 of 651 Ordinance 111-O-13, Exhibit B Title 4, Chapter 4, Fire Prevention Regulations B-11 2. The fine for a second violation is four hundred dollars ($400.00). 3. The fine for a third or subsequent violation is seven hundred fifty dollars ($750.00). (B) Each day a provision of this Chapter is found to have been violated constitutes a separate violation subject to the fine schedule set forth in Subsection (A) of this Section. (C) The fines provided for herein shall not be construed as limiting the power of a court of competent jurisdiction or an administrative hearing officer to impose other penalties and remedies as provided for by applicable legislation. 4-4-5: SIGNAL BOOSTING: (A) Emergency Responder Radio Coverage in Buildings: All buildings shall have approved radio coverage for emergency responders within the building, based upon the existing coverage levels of the public safety communication systems of the City of Evanston at the exterior of the building. This Section shall not require improvement of the existing public safety communication system. Existing buildings that do not have approved radio coverage for emergency responders within the building shall be equipped with such coverage according to one of the following: 1. Wherever existing wired communication system cannot be repaired or is being replaced. 2. Within a time frame established by the Fire Official. (B) Radio Signal Strength: A building shall be considered to have acceptable emergency responder radio coverage when signal strength measurements in ninety-five percent (95%) of all areas on each floor of the building meet the following requirements: 1. A minimum signal strength of -95 dBm. 2. A minimum signal strength of -100 dBm received at the closest City of Evanston Radio Communications site. 3. The frequency range which must be supported shall be 151-159 MHz and 450-476 MHz. When measuring the performance of a bi-directional amplifier, signal strength measurements shall be based on one (1) input signal adequate to obtain a maximum continuous operating output level. (C) Amplification Systems Allowed: Buildings and structures that do not support the required level of radio coverage shall be equipped with either a radiating 464 of 651 Ordinance 111-O-13, Exhibit B Title 4, Chapter 4, Fire Prevention Regulations B-12 cable system or an internal multiple antenna system, with or without FCC type accepted bi-directional required MHz amplifiers, as needed. If any part of the installed system or systems contains an electrically-powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of at least twelve (12) hours without external power input. The battery system shall automatically charge in the presence of an external power input. If used, bi-directional amplifiers shall include filters to reduce adjacent frequency interference to at least 35 dB below the COE P/S band. The filters shall be tuned to 154 MHz and to 470 MHz so that they will be 35 dB below the COE P/S frequencies of 154 MHz and 470 MHz respectively. Other settings may be used provided they do not attenuate the COE- P/S frequencies and are not more than one (1) MHz from the COE-P/S frequencies. (D) Testing Procedures: 1. Acceptance Test Procedure: When an in-building radio system is required, and upon completion of installation, it shall be the building owner's responsibility to have the radio system tested to ensure that two- way coverage on each floor of the building is a minimum of ninety-five percent (95%). Each floor of the building shall be divided into a grid of approximately twenty (20) equal areas. No more than one (1) such area shall be allowed to fail the test. In the event that two (2) or more of the areas fail the test, in order to be more statistically accurate, the floor may be divided into forty (40) equal areas. In such event, no more than two (2) nonadjacent areas will be allowed to fail the test. If, after the forty (40)- area test, the system continues to fail, the building owner shall have the system altered to meet the ninety-five percent (95%) coverage requirement. The test shall be conducted using a Motorola HT1250, or equivalent, portable radio, talking through the City of Evanston Radio Communications System (COE-911) as specified by the authority having jurisdiction. A spot located approximately in the center of a grid area shall be selected for the test, then the radio shall be keyed to verify two-way communications to and from the outside of the building through the City of Evanston 911 center. Once the spot has been selected, prospecting for a better spot within the grid area shall not be permitted. The building owner shall keep the gain values of all amplifiers and the test measurement results on file so that the measurements may be verified each year during annual tests. In the event that the measurement results are lost, the building owner shall repeat the acceptance test to reestablish the gain values. 2. Annual Tests: When an in-building radio system is required, the building owner shall test, at once every twelve (12) months, all active components of the system, including, but not limited to, amplifiers, power supplies and backup batteries. Amplifiers shall be tested to ensure that the gain is the same as it was upon initial installation and acceptance. Backup batteries 465 of 651 Ordinance 111-O-13, Exhibit B Title 4, Chapter 4, Fire Prevention Regulations B-13 and power supplies shall be tested under load for a period of one (1) hour to verify that, they will properly operate during an actual power outage. If, within the one (1) hour test period, the battery exhibits symptoms of failure in the opinion of the testing technician, the test shall be extended for additional one (1) hour periods until the testing technician confirms the integrity of the battery. All other active components shall be checked to determine that they are operating within the manufacturer's specifications for the intended purpose. 3. Five Year Tests: In addition to the annual test, the building owner shall perform a radio coverage test at least once every five (5) years to ensure that the radio system continues to meet the requirements of the original acceptance test. The procedure set forth above shall apply to such tests. 4. Qualifications of Testing Personnel: All tests shall be conducted, documented and signed by a person in possession of a current FCC license, or a current technician certification issued by the Associated Public-Safety Communications Officials International (APCO) or the Personal Communications Industry Association (PCIA). All test records shall be retained on the inspected premises by the building owner and a copy submitted to the Fire Official. (D) Field Testing: Police and fire personnel, after providing reasonable notice to the owner or his representative, shall have the right to enter onto the property to conduct field testing to be certain that the required level of radio coverage is present. (E) Maintenance: The public radio coverage system shall be maintained operational at all times. 4-4-6: SEVERABILITY: It is the intention of the City Council that the provisions of this Chapter and the Code adopted hereby are severable and the invalidity of any Section or any portion of any such Section of either of them shall not affect any other Section. 466 of 651 Ordinance 111-O-13, Exhibit C Title 4, Chapter 5, Plumbing Code C-1 CHAPTER 5 - PLUMBING CODE 4-5-1: ADOPTION: (A) Pursuant to the authority granted by 65 ILCS 5/1-2-4, and pursuant to its home rule powers, the City of Evanston hereby adopts by reference the 2012 International Plumbing Code, with the additions, deletions, exceptions, and other amendments set forth in this Chapter. All advisory or text notes, other than the rules and regulations contained in the 2012 International Plumbing Code adopted hereby, are expressly excluded from this Chapter. (B) Any reference in the 2012 International Plumbing Code to “Administrative Authority” or “Building Official” shall refer to the City’s Manager of Building and Inspection Services. Any reference to “municipality” shall mean the City of Evanston. (C) In the event that any provision of the 2012 International Plumbing Code adopted hereby is in conflict with any provision(s) of the City Code, the more/most stringent shall control. 4-5-2: AMENDMENTS: Means of Appeal: This Section shall be deleted in its entirety from the 2012 International Plumbing Code, adopted hereby. 4-5-3: ADDITIONAL REQUIREMENTS: The following are requirements additional to the 2012 International Plumbing Code: (A) Existing Plumbing: Where a health or safety hazard exists by reason of an existing plumbing installation, or lack thereof, the owner's agent shall install additional plumbing or make such corrections as are necessary to abate such nuisance and bring the plumbing installation within the provisions of this Code. Plumbing fixtures not maintained shall be disconnected, removed, and sealed. (B) Safety: Any part of a structure or premises which is changed, altered, or for which replacement is required as a result of the installation, alteration, renovation, or replacement of a plumbing system, or any part thereof, shall be left in a safe, nonhazardous condition. All penetrations through fire rated construction shall be fire stopped with a through penetration protection system approved by the Building Official. (C) Installation: All plumbing installed within the City of Evanston shall be installed in accordance with the 2012 International plumbing Code. If required by the Code Official, an approved backflow prevention device is necessary for the safety of the public water supply system, the Utilities Director will give notice to the property owner or person in charge (collectively, "property owner") of the building structure or premises to install such an approved device immediately. The 467 of 651 Ordinance 111-O-13, Exhibit C Title 4, Chapter 5, Plumbing Code C-2 property owner shall, at his/her own expense, immediately install such an approved device at a location and in a manner in accordance with the 2012 International Plumbing Code; State of Illinois Plumbing Code; Illinois Environmental Agency Rules and Regulations, Title 35: Environmental Protection, Subtitle F: Public Water Supply, Chapter I: Pollution Control Board, Part 607: Operation and Record Keeping, Section 607.104: Cross Connections; and all applicable local regulations, and shall have inspections and tests made of such approved devices upon installation and annually thereafter, at a minimum. The property owner shall maintain records to document that testing, servicing, and repairs are conducted as required. (D) Right Of Entry: A City inspector, who shall be a licensed plumber, shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the City for the purpose of verifying information submitted by the property owner or person in charge of the building, structure, or premises regarding the required cross connection control inspection. On demand, the property owner or person in charge of the building, structure, or premises so served shall furnish to the Code Official, his/her authorized agent, or approved cross connection control device inspector any information which these individuals may request regarding the piping system or systems or water use on such property. The Code Official or his/her authorized agents shall have a right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the City for the purpose of verifying information submitted by the property owner or person in charge of the building, structure, or premises regarding the required cross connection inspection. (E) Contamination: The occupant or property owner of the building, structure, or premises responsible for back siphoned material or contamination of the potable water supply system which occurs through an illegal cross connection or an improperly installed, maintained, or repaired device, or a device which has been bypassed, must bear the cost of cleanup of the potable water supply system. Said costs to include, but not be limited to, overhead and administrative costs of the City and any other costs reasonably incurred by the City in the cleanup. (F) Discharge to Sanitary Drainage System: Every plumbing fixture, drain, appliance, or appurtenance thereof which is to receive water or waste, or discharge any liquid wastes or sewage, shall discharge to the sanitary drainage system of the structure in accordance with the requirements of this Chapter. Building drains shall be constructed of either service weight cast iron or Schedule 40 PVC pipe and fittings the minimum pipe size for below ground drainage shall be four inches (4”). Underground piping shall be laid on a firm bed of sand or gravel for its entire length, except where support is otherwise provided and approved by a City Plumbing Inspector. Six inches (6”) of compacted stone, sand, or other approved material shall be provided under pipe and minimum of twelve inches (12”) of stone or sand shall be provided above the crown of the pipe. The remaining soil fill shall be compacted in compliance with Metropolitan Water Reclamation District bedding regulations. The transition between the 468 of 651 Ordinance 111-O-13, Exhibit C Title 4, Chapter 5, Plumbing Code C-3 building drain and the building sewer shall be made with either ductile iron or extra heavy cast iron pipe extending from inside the building foundation wall to a minimum of five feet (5’) past the outside of the foundation wall. (G) Automatic Clothes Washing Machine Floor Drains: A pan or receptor with a drain, or an impervious floor with a floor drain, shall be required for all automatic clothes washing machines in multi-family and commercial occupancies. Also, a pan or receptor with a drain, or an impervious floor with a floor drain, shall be required for all water heaters. (H) Underground Piping: Piping installed in underground plumbing systems shall be protected from structural damage by an approved method of installation which accounts for the conditions of the installation and application and the type of piping material. In new construction, all plumbing shall be overhead. Footings, grade beams and/or foundation walls shall be properly sleeved or cored in compliance with a design from a licensed design professional to accommodate for the proper installation of the buildings plumbing system. (I) Sillcocks: All buildings have a minimum of two (2) frost-proof, anti-siphon type sillcocks. (J) Public Toilet Room Drains: All public toilet rooms, including employee facilities, shall be graded into floor drains. (K) Unmaintained Plumbing Fixtures: All plumbing fixtures not maintained shall be disconnected, removed, and sealed. (L) Corrosion: Pipes subject to corrosion by passing through or under corrosive fill including, but not limited to, cinders, concrete or other corrosive material, shall be protected against external corrosion by a protective coating, wrapping, or other means that will resist such corrosion. All copper pipe shall be adequately protected against galvanic action by proper insulation against contact with other metals. (M) Freezing: Water service piping shall be installed below recorded frost penetration, but not less than five feet, zero inches (5'0") below grade. Plumbing piping in any exterior building walls or in any areas subjected to freezing temperatures shall be protected against freezing by insulation or heat or both. (N) Sewer Depth: Building sewers shall be a minimum of four feet, zero inches (4'0") below grade. (O) Water Service Pipe: The water service pipe extending from the City distribution system to the building shall be sufficient in size to provide an adequate flow of water to meet the requirement of the entire building during peak demand. The minimum size for the new water service shall be one inch (1”) copper pipe. Irrigation system load values shall be included in the calculations. New water service lines shall be continuous from the corporation stop to the curb stop with 469 of 651 Ordinance 111-O-13, Exhibit C Title 4, Chapter 5, Plumbing Code C-4 no splices or fittings. All water service pipe or underground distribution pipe to be ductile iron, cast iron, or type K copper tube. Water service piping shall terminate within five feet (5’) of a structure’s interior foundation wall. (P) Water Distribution, Waste, and Vent Pipe: All water distribution pipes shall be metallic. Nonmetallic pipe is prohibited. Copper pipe must be type L or type M. All main or branch soil, waste and vent pipes within a building shall be of cast iron, galvanized steel, galvanized wrought iron, Type M copper, or PVC Schedule 40 above grade or floor. All PVC piping shall be joined by manufacturers fitting and couplings only. PVC primer shall be purple, clear primer is not permitted. No cellular core PVC pipe shall be allowed. No-hub cast iron pipe, fittings and couplings shall be for above-ground use only. (Q) Building Sewer Pipe: Building sewer pipe, in a separate trench from the water service, shall be limited to cast iron, concrete, vitrified clay tile, plastic pipe (type SDR 26 only), or ductile iron pipe. The building (house) drain is to be cast iron with rubber gasket joints or lead and oakum joints, or in cases of corrosive waste or soil conditions, use polypropylene pipe (PVC) or polyvinyl chloride pipe and fittings, for a minimum distance of five feet, zero inches (5'0") from the foundation (building) wall. (R) Building Sewer Pipe in Trench with Water Service: Where the building sewer is installed in the same trench as the water service, the building sewer pipe shall conform to one of the standards for cast iron pipe, copper, or copper alloy tubing, or PVC plastic pipe listed in Section 890, Appendix A, Table A, of the State of Illinois Plumbing Code. No cell core plastic pipe shall be permitted. (S) Subsoil Drain Pipe: Subsoil drains shall be open jointed, horizontally split or perforated pipe. Footing drains to be connected to the sump pump as discharge shall be made to storm or combination sewers, and not to sanitary sewers. All windows wells require drains. The drains shall be connected to drain tile, and drain into sump. (T) Roof Drains: Roof drains shall conform to ASME A112.21.2. Buildings in R1, R2 and R3 zoning districts, and all one- and two-family dwelling units shall drain roof stormwater by gutters and downspouts to the front and rear of the property in a manner which will not disturb adjoining property. No connections to the combined sewer shall be made in the above zoning districts. All roofs of buildings not mentioned above may drain directly in the storm sewer system. (U) Car Wash Facilities: Unless designed to use thirty (30) gallons or less of water per wash, new car wash facilities or replacement of existing facilities shall be equipped with water recycling systems. (V) Reduced Pressure Principle Backflow Preventers: A reduced pressure principle backflow prevention assembly (RPZ) shall be installed in the water service supplying food service, manufacturing or production establishments. 470 of 651 Ordinance 111-O-13, Exhibit C Title 4, Chapter 5, Plumbing Code C-5 RPZ’s shall conform to ASSE 1013, 1047 AWWA C511 or CSA CAN/CSA-B64.4. These devices shall be allowed where subject to continuous pressure conditions. The relief opening shall discharge by air gap and shall be prevented from being submerged. All domestic and fire suppression water systems located within one thousand, seven hundred feet (1,700') of a nonpotable water source and all fire safety systems that contain such additives as antifreeze shall be equipped with a reduced pressure principle backflow preventer (RPZ). (W) Sub-Slab and Sub-Cellar Plumbing: 1. Building Drains: Building drains shall be constructed of ductile iron or extra heavy cast iron minimum, and transitions to uncommon material shall be through a lead and oakum type joint. Where plumbing must pass through a footing, grade beam or foundation wall not inclusive of the building drain, it shall be through a sleeve of building drain-quality materials or through a cored hole which is approved by licensed design professional. 2. Cast Iron: Cast iron may be used for sub-slab and sub-cellar plumbing provided it is of at least minimum service weight. 3. PVC: PVC may be used for sub-slab and sub-cellar plumbing, except building drains, provided that: a. It is bedded with no less than six inches (6”) of self-compacting gravel at the time of inspection; and b. Sanitary and storm distribution and lateral PVC plumbing shall be constructed of Schedule 40 PVC with solvent type welds. 4-5-4: PENALTIES: Any persons who violates any provision of this Chapter or fails to comply with any of the requirements thereof, or erects, installs, alters, or repairs work in violation of the approved construction documents or directives of the Code Official, or of a permit or certificate issued under the provisions of this Chapter, shall be fined as set forth in this Section: (A) 1. The fine for a first violation is one hundred fifty dollars ($150.00). 2. The fine for a second violation is four hundred dollars ($400.00). 3. The fine for a third or subsequent violation is seven hundred fifty dollars ($750.00). 471 of 651 Ordinance 111-O-13, Exhibit C Title 4, Chapter 5, Plumbing Code C-6 (B) Each day a provision of this Chapter is found to have been violated constitutes a separate violation subject to the fine schedule set forth in Subsection (A) of this Section. (C) The fines provided for herein shall not be construed as limiting the power of a court of competent jurisdiction or an administrative hearing officer to impose other penalties and remedies as provided for by applicable legislation. 4-5-5: SEVERABILITY: It is the intention of the City Council that the provisions of this Chapter and the Code adopted hereby are severable and the invalidity of any Section or any portion of any such Section of either of them shall not affect any other Section. 472 of 651 Ordinance 111-O-13, Exhibit D Title 4, Chapter 6, Electrical Code D-1 CHAPTER 6 - ELECTRICAL CODE 4-6-1: ADOPTION: (A) Pursuant to the authority granted by 65 ILCS 5/1-2-4, and pursuant to its home rule powers, the City of Evanston hereby adopts by reference the 2011 National Electrical Code, with the additions, deletions, exceptions, and other amendments set forth in this Chapter. All advisory or text notes, other than the rules and regulations contained in the 2011 National Electrical Code adopted hereby, are expressly excluded from this Chapter. (B) Any reference in the 2011 National Electrical Code to "Administrative Authority," "Building Official" or "Code Official" shall refer to the City’s Manager of Building and Inspection Services. Any reference to "municipality" shall mean the City of Evanston. (C) In the event that any provision of the 2011 National Electrical Code adopted hereby is in conflict with any provision(s) of the City Code, the more/most stringent shall control. 4-6-2: APPLICATION OF REGULATIONS: The regulations of said 2011 National Electrical Code shall apply to all matters concerning the construction, reconstruction, alteration, or installation of all electrical wiring apparatus, fixtures, machinery, or devices, and their service equipment, and shall apply to all existing or proposed buildings and structures in the City. 4-6-3: AMENDMENTS: The 2011 National Electrical Code adopted hereby shall read as follows with respect to the indicated Sections. Article 210.8 (A)(5), Exception to(5) Add: sump pumps and ejector pumps Article 210.11(3) Bathroom Branch Circuits: Delete the Exception. Article 210-52 (E) Outdoor Outlets: Add the following: “For each dwelling unit of a multi-family dwelling where the dwelling is provided with a balcony, porch, deck or similar area, that area shall be served with at least one GFCI protected receptacle outlet not more than forty-eight inches (48") above the grade or decking.” Article 230 Services: Add the following: “The maximum number of branch circuits allowed for a 100-amp, 120/240 volt, single phase service is thirty (30). The maximum number of branch circuits allowed for a 200-amp, 120/240 volt, single phase service is sixty (60).” Article 230 Services: Add the following: “No additional fuse or breaker boxes shall be installed without the prior written approval of the Building Official. “ 473 of 651 Ordinance 111-O-13, Exhibit D Title 4, Chapter 6, Electrical Code D-2 Article 250.62: Grounding Electrode Conductor Material: Delete the words “Aluminum” and “Copper Clad Aluminum.” Article 334 Nonmetallic Sheathed Cable: Types NM, NMC, and NMS: Delete. Article 338 Service Entrance Cable: Types SE and USE: Delete. Article 352 Polyvinyl Chloride Conduit: Type PVC 352.12(A) Concealed: PVC conduit shall only be concealed in the following manner: direct buried below grade, in slab below grade, in slab at and above grade. PVC conduit stub ups where subject to physical damage shall be RMC, IMC, or EMT. Article 362 Electrical Nonmetallic Tubing: Types ENT: Add the following: 1) Shall not be used for Electrical Power and Lighting Circuits. 2) When not concealed inside walls and ceilings, only Plenum Rated ENT shall be installed. Appeals: Delete. 4-6-4: PERMIT FEES: Fees for electrical constructions, reconstructions, alterations or installations as required by the 2011 National Electrical Code adopted hereby, shall be those established from time to time by ordinance of the City Council. The fee for the installation of standby generators shall be the same as the fee for that size of service. All standby generators shall be inspected and operated every six (6) months in the presence of a City electrical inspector. The fee for this inspection shall be the minimum permit fee. 4-6-5: PERMITS; INVALIDITY: Any electrical permit issued by the Building Official shall become invalid if the authorized work is suspended or abandoned for a period of six (6) months after the time of commencing the work, or not commenced within six (6) months after the issuance of any permit. 4-6-6: ADDITIONAL REGULATIONS: (A) Treatment of Aluminum Wire: All aluminum wire installed in any installation shall be wire brushed and treated with a compound according to manufacturers' recommendations. (B) Fuse and Breaker Boxes: No additional fuse or breaker boxes shall be installed without written approval of the director of community development. (C) Luminaires: Luminaires four square feet (4 ft2) and larger located in framing members of a suspended ceiling shall be supported to the structure by a 474 of 651 Ordinance 111-O-13, Exhibit D Title 4, Chapter 6, Electrical Code D-3 minimum of two (2) pencil rods or other approved means. (D) Receptacle Outlets: Receptacle outlets connected to small appliance branch circuits, as required by Art. 210.52(B)(1), shall be 20 amp rated devices. 4-6-7: ELECTRICAL CONTRACTORS: (A) Definition: The term "electrical contractor", as used in this section, means any person, firm, or corporation engaged in the business of installing or altering by contract electrical equipment for the utilization of electricity for light, heat, or power. But the term "electrical contractor" shall not include: 1. the installing or altering of radio apparatus or equipment for wireless reception of sounds and signals; or 2. the installing or altering of apparatus, conductors, or other equipment installed for or by public utilities, including common carriers, which are under the jurisdiction of the Illinois commerce commission, for use in their operation as public utilities; or 3. employees employed by an electrical contractor to do or supervise his work. (B) Registration Required: No person shall engage in the business of electrical contracting within the City without first having registered with the Building Official. (C) Registration Fee: The amount of the annual registration fee for persons engaged in the business of electrical contractor shall be as approved by the City Council. (D) Exemptions: 1. An electrical contractor who is registered in one city or village within the State of Illinois shall not be required by any other municipality to be registered or to pay a registration fee in such other municipality. 2. Nothing contained in this section shall prohibit the owner-occupant of a single-family residence from planning, installing, altering, or repairing the electrical system of such residence, provided that said owner-occupant complies with all ordinances, rules and regulations of the City, and provided further, that any such owner-occupant may not employ any person other than a registered electrical contractor to assist him in such work. 4-6-8: PENALTIES: Any person who violates any provision of the 2011 National Electrical Code as adopted by the City, who fails to comply with any of the requirements thereof, or who changes, 475 of 651 Ordinance 111-O-13, Exhibit D Title 4, Chapter 6, Electrical Code D-4 moves, or alters any wiring apparatus, fixture, machinery or device in violation of any approved plan or direction of the Building Official or of any permit or certificate issued by the Building Official or his/her designee, shall be guilty of an offense and fined as follows: (A) 1. The fine for a first violation is one hundred fifty dollars ($150.00). 2. The fine for a second violation is four hundred dollars ($400.00). 3. The fine for a third or subsequent violation is seven hundred fifty dollars ($750.00). (B) Each day a provision of this Chapter is found to have been violated constitutes a separate violation subject to the fine schedule set forth in Subsection (A) of this Section. (C) The fines provided for herein shall not be construed as limiting the power of a court of competent jurisdiction or an administrative hearing officer to impose other penalties and remedies as provided for by applicable legislation. 4-6-9: SEVERABILITY: It is the intention of the City Council that the provisions of this Chapter and the Code adopted hereby are severable and the invalidity of any Section or any portion of any such Section of either of them shall not affect any other Section. 476 of 651 Ordinance 111-O-13, Exhibit E Title 4, Chapter 7, Mechanical Code E-1 CHAPTER 7 - MECHANICAL CODE 4-7-1: ADOPTION: (A) Pursuant to the authority granted by 65 ILCS 5/1-2-4, and pursuant to its home rule powers, the City of Evanston hereby adopts by reference the 2012 International Mechanical Code, with the additions, deletions, exceptions, and other amendments set forth in this Chapter. All advisory or text notes, other than the rules and regulations contained in the 2012 International Mechanical Code adopted hereby, are expressly excluded from this Chapter. (B) Any reference in the 2012 International Mechanical Code to "Administrative Authority" or "Building Official" shall refer to the City’s Manager of Building and Inspection Services. Any reference to "municipality" shall mean the City of Evanston. (C) In the event that any provision of the 2012 International Mechanical Code adopted hereby is in conflict with any provision(s) of the City Code, the more/most stringent shall control. 4-7-2: AMENDMENTS: The 2012 International Mechanical Code adopted hereby shall read as follows with respect to the indicated Sections. 106.3.1: Construction Documents: Construction documents, engineering calculations, diagrams and other data shall be submitted in two or more sets with each application for a permit. The Code Official shall require construction documents, computations and specifications to be prepared and designed by a registered design professional when required by state law. Where special conditions exist, the Code Official is authorized to require additional construction documents to be prepared by registered design professional. Construction documents shall be drawn to scale it shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that the work conforms to the provisions of this Code. Construction documents for buildings or than two stories in height shall indicate where penetrations will be made for mechanical systems, and the materials and methods for maintaining required structural safety, fire resistance rating and fire blocking. Exception: The Code Official shall have the authority to waive the submission of construction documents, calculations or other data if the nature of the work applied for is such that reviewing of construction documents is not necessary to determine compliance with this Code. Permit drawing shall include a HVAC plan showing location of supply, return, and exhausts and shall include a heat load itemizing CFM delivered or exhausted throughout the system 477 of 651 Ordinance 111-O-13, Exhibit E Title 4, Chapter 7, Mechanical Code E-2 106.5.2: Fee Schedule: The permit fee for inspection, construction, reconstruction, alteration, and installation shall be those established from time to time by the City Council of the City of Evanston. 109.0: Means of Appeal: Delete. 501.3.1: Location of Exhaust Outlets: The termination point of exhaust outlets and ducts discharging to the outdoors shall be located with the following minimum distances: 1) For ducts conveying explosive or flammable vapors, fumes or dust: thirty feet (30’, 9.144 m) from property lines; ten feet (10’, 3.048 m) from operable openings into buildings; six feet (6’, 1.829 m) from exterior walls and roofs; thirty feet (30’, 9.144 m) from combustible walls and operable openings into buildings which are in the direction of the exhaust discharge; ten feet (10’, 3.048 m) above a joining grade. 2) For other product-conveying outlets: ten feet (10’, 3.048 m) from the property lines; three feet (3’, 914 mm) from exterior walls and roofs; ten feet (10’, 3.048 m) from operable openings into buildings; ten feet (10’, 3.048 m) above adjoining grade. 3) For all environmental air exhaust: three feet (3’, 914 mm) from property lines; three feet (3’, 914 mm) from operable openings into buildings for all occupancies other than Group U, and ten feet (10’, 3.048 m) from mechanical air intakes. Such exhaust shall not be considered hazardous or noxious. 4) Exhaust outlets serving structures and flood hazard areas shall be installed at or above the elevation required by Section 1612 of the International Building Code for utilities and attendant equipment. 5) For specific systems, see the following sections: 5.1 Clothes dryer exhaust, section 504.4. 5.2 Kitchen hoods and other kitchen exhaust equipment, Sections 506.3, 506.13, 506.4 and 506.5. 5.3 Dust stock and refuse conveying systems, Section 511.2. 5.4 Sub-slab soil exhaust systems, Section 512.4. 5.5 Smoke control systems, Section 513.10.3. 5.6 Refrigerant discharge, Section 1105.7. 5.7 Machinery room discharge, Section 110 5.6.1. 478 of 651 Ordinance 111-O-13, Exhibit E Title 4, Chapter 7, Mechanical Code E-3 501.3.1.1: Exhaust Discharge: Exhaust air shall not be directed onto walkways. High efficiency appliances shall discharge in accordance to manufactures guidelines but shall not discharge closer than ten feet (10’, 3.048 m) from adjacent buildings located on or off the same parcel along with the following stipulation: High efficiency appliance shall be limited to not exceed sixty-five decibels (65 dB) at the property line between the said adjacent structures if a property line separates the parcels. 504.6.1: Material and Size: Ducts to be concealed in a wall or cavity which serve as an exhaust duct for clothes dryer shall be constructed of galvanized steel 28 gauge min with a smooth interior finish. The exhaust duct size shall be four inches (4”, 102 mm) nominal in diameter. The said concealed portion of ducting shall be assembled with one (1) screw or pop rivet which extends no greater than one quarter inch (¼”) into the ducting. The balance of the duct shall be sealed by UL approved tape or low pressure mastic. 504.6.3: Transition Ducts: Transition ducts used to connect the dryer to the exhaust duct system shall be a single length that is listed and labeled in accordance with UL 2158A. Transition ducts shall be a maximum of eight feet (8’, 2.438 m) in length and shall not be concealed within construction. Flexible air ducts used as a connecter between clothes dryer and its concealed duct shall be semi ridged aluminum. 602.3 Stud Cavity and Joist Space Plenums: Stud spaces, building cavities, shafts spaces shall not be used as return air provisions for any portion within a residential structure. 603.6.1.1 Duct Length: Flexible air ducts shall be limited to five feet (5’, 1.524 m) in length. 801.18.5: Reuse: Abandoned masonry chimney liners may be used as a chase for high efficiency appliances adjacent to an active solid fuel chimney under the following conditions: 1) Chimney or liner thereof serving the still-active solid fuel fireplace shall extend at least two feet (2’, 609 mm) above the point of termination of the high efficiency appliance vent at all points where the separation is less than eighteen inches (18”, 457 mm) between center lines; 2) The abandoned liner which is used as the chase shall be sealed on top with non- combustible materials and shall make the chase weather-tight; and 3) Annular space between the two (2) said liners is of masonry construction and is at least four inches (4”, 102 mm). 479 of 651 Ordinance 111-O-13, Exhibit E Title 4, Chapter 7, Mechanical Code E-4 4-7-3: HEATING, VENTILATING, AIR CONDITIONING (HVAC) CONTRACTORS: (A) License Required: No person shall engage in the business of heating, ventilating and air conditioning contractor within the city without having first secured a license in the manner provided herein. (B) Application for License: Application for license shall be made to the Community Development Department. All licenses shall be subject to the provisions of this Chapter, other ordinances of the City and the statutes of the State of Illinois. (C) License Fee: The amount of the annual license fee for persons engaged in the business of HVAC contractor shall be established from time to time by action of the City Council. (D) Examination Required: No person shall receive such a license until he or she has passed a standardized examination administered and designed by the Building and Inspection Services of the Community Development Department. Said examination shall be for the purpose of determining that all licensees are knowledgeable in the business of building, contracting, and life safety components of the Building Code. (E) Suspension or Revocation of License: 1. If any person shall violate any of the provisions of this Chapter or the Code adopted hereby, he/she shall be liable and fined or penalized as set forth herein and his/her license may be suspended or revoked by the City Manager. 2. No such license shall be so revoked or suspended except after a hearing by the City Manager or his or her designee with a three (3) business day notice to the licensee affording the licensee an opportunity to appear and defend. The notice shall specify the reason for the contemplated suspension or revocation and shall give the date, time, and room number in the civic center of the hearing. Notice shall be sufficient if sent to the address stated on the licensee's application. 3. If the Building Official certifies to the City Manager that he/she has reason to believe that immediate suspension of the license is necessary to prevent the threat of immediate harm to the community, the City Manager may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the license suspended for not more than seven (7) days. The City Manager may extend the suspension during the pendency of a hearing upon a written determination that doing so is necessary to prevent the aforesaid harm to the community. 480 of 651 Ordinance 111-O-13, Exhibit E Title 4, Chapter 7, Mechanical Code E-5 4. Hearings shall be conducted in accordance with procedures drafted by the Corporation Counsel. 5. The City Manager shall issue his or her decision within ten (10) business days after the close of the hearing. In reaching a decision, the City Manager may consider any of the following: a. The nature of the violation. b. The nature and extent of the harm caused by the licensee's action or failure to act. c. The factual situation and circumstances surrounding the violation. d. Whether or not the action or failure to act was willful. e. The record of the licensee with respect to violations. 6. The City Manager may suspend a license for a period of up to ninety (90) days. A licensee whose license has been revoked shall not be eligible to reapply for a license. 4-7-4: PENALTIES: Any person who violates any provision of the 2012 International Mechanical Code as adopted by the City, who fails to comply with any of the requirements thereof, or who changes, moves, or alters any wiring apparatus, fixture, machinery or device in violation of any approved plan or direction of the Building Official or of any permit or certificate issued by the Building Official or his/her designee, shall be guilty of an offense and fined as follows: (A) 1. The fine for a first violation is one hundred fifty dollars ($150.00). 2. The fine for a second violation is four hundred dollars ($400.00). 3. The fine for a third or subsequent violation is seven hundred fifty dollars ($750.00). (B) Each day a provision of this Chapter is found to have been violated constitutes a separate violation subject to the fine schedule set forth in Subsection (A) of this Section. (C) The fines provided for herein shall not be construed as limiting the power of a court of competent jurisdiction or an administrative hearing officer to impose other penalties and remedies as provided for by applicable legislation. 481 of 651 Ordinance 111-O-13, Exhibit E Title 4, Chapter 7, Mechanical Code E-6 4-7-5: SEVERABILITY: It is the intention of the City Council that the provisions of this Chapter and the Code adopted hereby are severable and the invalidity of any Section or any portion of any such Section of either of them shall not affect any other Section. 482 of 651 Ordinance 111-O-13, Exhibit F Title 4, Chapter 9, Residential Code F-1 CHAPTER 9 - RESIDENTIAL CODE 4-9-1: ADOPTION: (A) Pursuant to the authority granted by 65 ILCS 5/1-2-4, and pursuant to its home rule powers, the City of Evanston hereby adopts by reference the 2012 International Residential Code with the additions, deletions, exceptions, and other amendments set forth in this Chapter. Said Code shall govern the design, construction, prefabrication, alteration, repair, use occupancy, and maintenance of all detached one- and two-family dwellings and townhouses not more than three (3) stories above grade plane in height, with separate means of egress and their accessory structures. All advisory or text notes, other than the rules and regulations contained in the 2012 International Residential Code adopted hereby, are expressly excluded from this Chapter. (B) Any reference in the 2012 International Residential Code to “Administrative Authority,” “Building Official” or “Code Official” shall refer to the City’s Manager of Building and Inspection Services. Any reference to "municipality" shall mean the City of Evanston. (C) In the event that any provision of the 2012 International Residential Code adopted hereby is in conflict with any provision(s) of the City Code, the more/most stringent shall control. 4-9-2: AMENDMENTS: The following sections of the International Residential Code are hereby amended to read as follows: R103.1: Creation of an Enforcement Agency: The Division of Building and Inspection Services is hereby made responsible for the enforcement of this Code. R103.2: Appointment: Any reference in the 2012 International Residential Code to “Building Official” shall refer to the Manager of Building and Inspection Services. Any reference to "municipality" shall mean the City of Evanston. R103.3: Deputies: The Building Official shall have the authority to appoint such technical officers, inspectors, plan examiners, and other employees as he or she deems necessary to effectuate the purposes of this code. R105.2: Work Exempt From Permit: This section is deleted in its entirety. Contact the City’s Division of Building and Inspection Services for information regarding work exempt from permits. R105.5: Expiration and Extension: 1) Expiration: 483 of 651 Ordinance 111-O-13, Exhibit F Title 4, Chapter 9, Residential Code F-2 a) A building permit shall, without further action by the City, automatically expire and be rendered null, void, and of no further force or effect, if the permit holder does not begin the work authorized by the permit within one hundred eighty (180) calendar days of the date of permit issuance. b) A building permit shall, without further action by the City, automatically expire and be rendered null, void, and of no further force or effect, if, at any time after the work is begun, the permit holder suspends and/or abandons the work authorized by the building permit for a continuous period of one hundred eighty (180) calendar days. c) A building permit shall, without further action by the City, automatically expire and be rendered null, void, and of no further force or effect, four (4) years after the date of permit issuance, unless an extension is granted in accordance with Subsection 2) below. d) If the building or work authorized by a building permit does not receive final inspection approval by the permit expiration date, all work shall stop until the Building Official issues a new permit or grants an extension of time in accordance with Subsection 2) below. All electrical, plumbing, and/or mechanical permits associated with a building permit shall expire concurrently with the building permit. 2) Extension: a) Except for relocation of structures, a permit holder may submit, before the expiration date of the building permit, an application to the Building Official for an extension of time. The application shall be filed no later than one (1) month in advance of the expiration date. The Building Official may extend the building permit once, for a period not exceeding one hundred eighty (180) calendar days, if he/she determines that circumstances beyond the permit holder's control prevented completion of the work. All electrical, plumbing, and/or mechanical permits associated with a building permit shall be extended to expire concurrently with the building permit. b) If a permit holder files application for an extension of time before expiration and in accordance with this Subsection, the existing building permit shall automatically be extended until the Building Official makes a decision on the application for an extension. c) If the building permit expires before an application is submitted for an extension of time, no extension shall be granted. If the previous permit holder or any other applicant wants to proceed with the same development, a new application is required and the application is treated in all respects as a new application. d) If the Building Official previously approved an extension of time in accordance with Subsection a), the Building Official may extend the expiration of the building permit one (1) additional time if he/she finds the following: 484 of 651 Ordinance 111-O-13, Exhibit F Title 4, Chapter 9, Residential Code F-3 i) There are no significant change(s) in the regulations applicable to the site since the date the permit was issued; ii) The additional extension is in the public interest; and iii) Circumstances beyond the control of the applicant prevented the authorized work from proceeding. R105.7: Placement of Permit: The building permit or a legible copy of the building permit shall be kept on the site of operations, open to public inspection during the entire time of prosecution of the work and until the completion of the same. Said permit must be posted within forty-eight (48) hours of permit issuance, must be visible from the public way. Failure to post the permit as required by this section may result in revocation of the building permit and forfeiture of all permit fees. R105.10: Construction and Repair of Buildings: 105.10: Hours of Work Permitted for the Construction, Repair, and Demolition of Buildings: The creation (including excavation), demolition, alteration or repair of any building within the City, other than between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. on weekdays, and eight o'clock (8:00) A.M. and five o'clock (5:00) P.M. on Saturdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the City Manager or his or her designee, which permit may be granted while the emergency continues. R106.1: Submittal Documents: Construction documents, special inspection and structural observation programs, and other data shall be submitted in one or more sets with each application for a permit. The construction documents shall be prepared by a registered design professional where required by Illinois law. An Illinois licensed architect must sign and seal drawing submissions where the construction cost exceeds $10,000.00 (ten thousand and no/100 dollars) or the construction involves structural work or new structures for one and two family dwellings, with the following exceptions: unheated porches, decks, exterior stairs, non-habitable detached garages and accessory buildings. For all installation of spas, hot tubs, whirlpools, and similar fixtures, structural design calculations shall be required. Exception: The Building Official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this Code. R112: BOARD OF APPEALS: Delete. R309.1.1: Attached Garages: Add the following: “The sills of all door openings between the garage and residence must be raised at least four inches (4”) above the garage floor slab.” 485 of 651 Ordinance 111-O-13, Exhibit F Title 4, Chapter 9, Residential Code F-4 R313.1.1: Design and Installation: Automatic residential sprinkler systems for townhouses shall be designed and installed in accordance with NFPA 13D. R313.2.1: Design and Installation: Automatic residential sprinkler systems shall be designed and installed in accordance with NFPA 13D. R403.1.1.1: Trench Foundations: Trench foundations incorporating a monolithically- poured footing and foundation wall shall be permitted for one story wood frame and wood frame with masonry veneer room additions, provided the following are met: 1) Trench foundations are to be designed in accordance with accepted engineering practice based on a minimum allowable soil pressure of 3000 psf and a minimum concrete compressive strength of 3000 psf at twenty-eight (28) days. 2) The foundation wall shall be a minimum of eight inches (8") wide and be belled at the bottom to a minimum width of twice the wall width for a depth of at least one foot (1'). 3) Trench foundations shall be permitted only in those soils which exhibit cohesive characteristics so as to prevent collapse of the adjacent soil mass before, during and after placement of the concrete. 4) Trench foundations shall extend a minimum of forty-two inches (42") below adjacent grade. 5) Trench foundations shall comply with all applicable sections of the 2012 International Residential Code, adopted by the City, except as previously mentioned. R403.1.4.1: Frost Protection: Except where otherwise protected from frost, foundation walls, piers and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods: 1) Extending below the frost line of forty-two inches (42") inches minimum; 2) Constructing in accordance with section R403.3; 3) Constructing in accordance with ASCE32-01; and 4) Erected on solid rock. R502.1.4: Prefabricated Wood I-Joists: Structural capacities and design provisions for prefabricated wood I-joists shall be established and monitored in accordance with ASTM D 5055. Where prefabricated wood I-joists are used for floor and ceiling joist framing members in finished or unfinished spaces in one or two-family dwellings, the prefabricated wood I-joists shall be separated from adjacent spaces by a minimum five- eighths inch (5/8") thick, type "X" gypsum wall board, taped. Such separation shall not be required for structures fully equipped with an automatic sprinkler system designed and installed in accordance with N.F.P.A. 13R. 486 of 651 Ordinance 111-O-13, Exhibit F Title 4, Chapter 9, Residential Code F-5 R602.3: Design And Construction: Exterior walls of wood frame construction shall be designed and constructed in accordance with the provisions of this chapter and figures R602.3(1) and R602.3(2) or in accordance with AF&PA.s NDS. Components of exterior walls shall be fastened in accordance with table R602.3(1) through R602.3(4). Exterior walls covered with foam plastic sheathing shall be braced in accordance with section R602.10. Structural sheathing shall be fastened directly to structural framing members. Any wall which contains any plumbing or mechanical piping, and/or ductwork must have a minimum depth of the structural members of five and one-half inches (5½"). Appendix G - Swimming Pools, Spas and Hot Tubs: AG105.6: Outdoor Swimming Pool: An outdoor swimming pool, including an in- ground, aboveground or on-ground pool, hot tub or spa shall be provided with a barrier which shall comply with the following: 9. Where a wall of a dwelling serves as part of the barrier one of the following conditions shall be met: 9.1. The pool shall be equipped with a powered safety cover in compliance with ASTM F1346. Appendix K - Sound Transmission: AK102.1: General: Airborne sound insulation for wall and floor-ceiling assemblies shall meet a sound transmission class (STC) rating of fifty (50) when tested in accordance with ASTM E 90. AK103.1: General: Floor/ceiling assemblies between dwelling units or between a dwelling unit and a public or service area within a structure shall have an impact insulation class (IIC) rating of not less than fifty (50) when tested in accordance with ASTM E 492. 4-9-3: PENALTIES: Any person who violates any provision of the 2012 International Residential Code as adopted by the City, who fails to comply with any of the requirements thereof, or who erects, installs, alters, or repairs work in violation of any approved plan or direction of the Building Official or of any permit or certificate issued by the Building Official or his/her designee, shall be guilty of an offense and fined as follows: (A) 1. The fine for a first violation is one hundred fifty dollars ($150.00). 2. The fine for a second violation is four hundred dollars ($400.00). 3. The fine for a third or subsequent violation is seven hundred fifty dollars ($750.00). 487 of 651 Ordinance 111-O-13, Exhibit F Title 4, Chapter 9, Residential Code F-6 (B) Each day a provision of this Chapter is found to have been violated constitutes a separate violation subject to the fine schedule set forth in Subsection (A) of this Section. (C) The fines provided for herein shall not be construed as limiting the power of a court of competent jurisdiction or an administrative hearing officer to impose other penalties and remedies as provided for by applicable legislation. 4-9-4: SEVERABILITY: It is the intention of the City Council that the provisions of this Chapter and the Code adopted hereby are severable and the invalidity of any Section or any portion of any such Section of either of them shall not affect any other Section. 488 of 651 Ordinance 111-O-13, Exhibit G Title 4, Chapter 17, Fuel Gas Code G-1 CHAPTER 17 - FUEL GAS CODE 4-17-1: ADOPTION: (A) Pursuant to the authority granted by 65 ILCS 5/1-2-4, and pursuant to its home rule powers, the City of Evanston hereby adopts by reference the 2012 International Fuel Gas Code, with the additions, deletions, exceptions, and other amendments set forth in this Chapter. All advisory or text notes, other than the rules and regulations contained in the 2012 International Fuel Gas Code adopted hereby, are expressly excluded from this Chapter. (B) Any reference in the 2012 International Fuel Gas Code to "Administrative Authority," "Building Official" or "Code Official" shall refer to the City’s Manager of Building and Inspection Services. Any reference to "municipality" shall mean the City of Evanston. (C) In the event that any provision of the 2012 International Fuel Gas Code adopted hereby is in conflict with any provision(s) of the City Code, the more/most stringent shall control. 4-17-2: AMENDMENTS: The 2012 International Fuel Gas Code adopted hereby shall read as follows with respect to these Sections. 106.5.2: Fee Schedule: The permit fee for inspection, construction, reconstruction, alteration, and installation shall be those established from time to time by the City Council. 108.4: Violation Penalties: Delete. 109: Appeals: Delete. 4-17-3: HEATING, VENTILATION AND AIR CONDITIONING CONTRACTORS: (A) License Required: No person shall engage in the business of heating, ventilating, and air conditioning contractor within the City without having first secured a license in the manner provided herein. (B) Application for License: Application for license shall be made to the Community Development Department. All licenses shall be subject to the provisions of this Code, other ordinances of the City and the statutes of the State of Illinois. (C) License Fee: The amount of the annual license fee for persons engaged in the business of heating, ventilating, and air conditioning contractor shall be established from time to time by action of the City Council. 489 of 651 Ordinance 111-O-13, Exhibit G Title 4, Chapter 17, Fuel Gas Code G-2 (D) Examination Required: No person shall receive such a license until he/she has passed a standardized examination administered and designed by the Department of Community Development. Said examination shall be for the purpose of determining that all licensees are knowledgeable in the business of building, contracting, and life safety components of the Building Code. (E) Suspension or Revocation of License: 1. If any person shall violate any of the provisions of this Chapter or the Code adopted hereby, he/she shall be liable to be prosecuted against for any fine or penalty imposed thereto and his/her license may be suspended or revoked by the City Manager or his/her designee. 2. No such license shall be so revoked or suspended except after a hearing by the City Manager or his/her designee with a three (3) business day notice to the licensee affording the licensee an opportunity to appear and defend. The notice shall specify the reason for the contemplated suspension or revocation and shall give the date, time, and location of the hearing. Notice shall be sufficient if sent to the address stated on the licensee's application. 3. If the Building Official certifies to the City Manager that he/she has reason to believe that immediate suspension of the license is necessary to prevent the threat of immediate harm to the community, the City Manager may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the license suspended for not more than seven (7) days. The City Manager may extend the suspension during the pendency of a hearing upon a written determination that doing so is necessary to prevent the aforesaid harm to the community. 4. Hearings shall be conducted in accordance with procedures drafted by the Corporation Counsel. 5. The City Manager shall issue his/her decision within ten (10) business days after the close of the hearing. In reaching a decision, the City Manager may consider any of the following: a. The nature of the violation. b. The nature and extent of the harm caused by the licensee's action or failure to act. c. The factual situation and circumstances surrounding the violation. d. Whether or not the action or failure to act was willful. e. The record of the licensee with respect to violations. 490 of 651 Ordinance 111-O-13, Exhibit G Title 4, Chapter 17, Fuel Gas Code G-3 6. The City Manager may suspend a license for a period of up to ninety (90) days. A licensee whose license has been revoked shall not be eligible to reapply for a license 4-17-4: PENALTIES: Any person who violates any provision of the 2012 International Fuel Gas Code as adopted by the City, who fails to comply with any of the requirements thereof, or who erects, installs, alters, or repairs work in violation of any approved plan or direction of the Building Official or of any permit or certificate issued by the Building Official or his/her designee, shall be guilty of an offense and fined as follows: (A) 1. The fine for a first violation is one hundred fifty dollars ($150.00). 2. The fine for a second violation is four hundred dollars ($400.00). 3. The fine for a third or subsequent violation is seven hundred fifty dollars ($750.00). (B) Each day a provision of this Chapter is found to have been violated constitutes a separate violation subject to the fine schedule set forth in Subsection (A) of this Section. (C) The fines provided for herein shall not be construed as limiting the power of a court of competent jurisdiction or an administrative hearing officer to impose other penalties and remedies as provided for by applicable legislation. 4-17-5: SEVERABILITY: It is the intention of the City Council that the provisions of this Chapter and the Code adopted hereby are severable and the invalidity of any Section or any portion of any such Section of either of them shall not affect any other Section. 491 of 651 Ordinance 111-O-13, Exhibit H Title 4, Chapter 19, Energy Code H-1 CHAPTER 19 - ENERGY CODE 4-19-1: ADOPTION: (A) Pursuant to the authority granted by 65 ILCS 5/1-2-4, and pursuant to its home rule powers, the City of Evanston hereby adopts by reference the 2012 International Energy Conservation Code, with the additions, deletions, exceptions, and other amendments set forth in this Chapter. All advisory or text notes, other than the rules and regulations contained in the 2012 International Energy Conservation Code adopted hereby, are expressly excluded from this Chapter. (B) Any reference in the 2012 International Energy Conservation Code to “Building Official” shall refer to the City’s Manager of Building and Inspection Services. Any reference to “municipality” shall mean the City of Evanston. (C) In the event that any provision of this Chapter is in conflict with any provision(s) of the City Code, this Chapter shall control. The provisions of this Chapter shall not conflict with any energy code regulations adopted by the State of Illinois. 4-19-2: PENALTIES: Any person who violates any provision of the 2012 International Energy Conservation Code as adopted by the City, who fails to comply with any of the requirements thereof, or who changes, moves, or alters any wiring apparatus, fixture, machinery or device, in violation of any approved plan, direction, permit, or certificate issued by the Building Official or his/her designee, shall be guilty of an offense and fined as follows: (A) 1. The fine for a first violation is one hundred fifty dollars ($150.00). 2. The fine for a second violation is four hundred dollars ($400.00). 3. The fine for a third or subsequent violation is seven hundred fifty dollars ($750.00). (B) Each day a provision of this Chapter is found to have been violated constitutes a separate violation subject to the fine schedule set forth in Subsection (A) of this Section. (C) The fines provided for herein shall not be construed as limiting the power of a court of competent jurisdiction or an administrative hearing officer to impose other penalties and remedies as provided for by applicable legislation. 4-19-3: SEVERABILITY: It is the intention of the City Council that the provisions of this Chapter and the Code adopted hereby are severable and the invalidity of any Section or any portion of any such Section of either of them shall not affect any other Section. 492 of 651 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Treasurer Subject: Ordinance 114-O-13: 2013B General Obligation Bond Issue Date: September 23, 2013 Recommended action: Staff recommends the City Council adopt Ordinance 114-O-13, for the issuance of $30.0 Million in General Obligation (G.O.) Bonds, to be used to refund the 2004/05 G.O. Bonds which are callable on December 1, 2013. This issuance will reduce the interest cost on this debt as well as reduce the outstanding bonds due and payable by the City resulting in an estimated debt service savings between $2.5 million and $3.75 million over the remaining life of these bonds out to 2025. Funding Source: Not Applicable Summary: As a Best Practice, the City consistently reviews the entire Debt portfolio each year to determine if any restructuring or refinancing can save the City debt service costs. As a part of this review staff notes that G.O. Bonds issued in 2004 and in 2005 in the total amount of $30,000,000 which mature over the next 11 years are now callable effective December 1, 2013. As noted in the attached analysis from PFM Financial and summarized below the City can issue replacement bonds at a lower interest rate and at a lower par amount. Normally the City would consider simply reducing interest rates and issuing the same amount of replacement debt for that being refunded in each future year. However, in reviewing the City’s total outstanding debt service burden, the property tax levy will increase by more than $2.0 million for 2013/14 due to the structure 2006B and 2007A bonds, which show more than $2.0 million increase in principle payments for 2014/15. Because of this increase staff recommends taking a majority of the savings from the refinancing process in the 2014 and 2015 years (2013 and 2014 tax levies respectively). Memorandum For City Council meeting of October 28, 2013 Item A23 Ordinance 114-O-13: 2004/05 Bond Refunding For Action 493 of 651 This decision means that the bonds that will be replacing the 2004 and 2005 bonds will have a reduced principle payment in 2014 and 2015 to offset the major increase in principle payments for the 2006B and 2007A bonds. Final schedules will be available after the bond sale date which is scheduled for October 30, 2013. The table below provides an estimate of the savings from refunding. Year 2004/05 2013 Refunding Estimated Ending Debt Service Debt Service Savings 12/31/2014 5,275,888 3,175,636 2,100,251 12/31/2015 5,136,688 4,630,025 506,663 12/31/2016 4,880,438 4,710,725 169,713 12/31/2017 4,882,438 4,713,225 169,213 12/31/2018 4,403,750 4,219,025 184,725 12/31/2019 2,200,250 2,098,025 102,225 12/31/2020 2,202,750 2,094,150 108,600 12/31/2021 2,201,000 2,094,275 106,725 12/31/2022 2,200,000 2,094,075 105,925 12/31/2023 2,199,500 2,097,225 102,275 12/31/2024 1,014,250 978,800 35,450 12/31/2025 1,013,250 977,600 35,650 Total 37,610,200 33,882,786 3,727,414 If the City chooses not to refinance the 2004/05 bonds or chooses to spread the savings out over the life of the remaining bonds, the approximate impact to the 2013 tax levy will be a 5.0% increase. As noted in the table below, the 2006/07 debt service has a sharp increase in 2014 but levels off in future years. This refinancing will allow for a more gradual change in the tax levy from year to year for debt service. Fiscal Year 2006 Debt Service 2007 Debt Service Total 2006/07 Change Year to Year 2013 657,726 1,622,319 2,280,045 2014 656,626 2,740,180 3,396,806 1,116,761 2015 1,730,526 2,699,859 4,430,385 1,033,578 2016 1,707,926 1,964,538 3,672,464 (757,921) 2017 2,435,326 1,924,969 4,360,295 687,831 2018 2,397,726 1,620,400 4,018,126 (342,169) 2019 2,175,126 1,597,666 3,772,792 (245,334) 2020 2,139,108 1,374,932 3,514,039 (258,752) 2021 2,133,089 1,362,635 3,495,724 (18,315) 2022 2,094,276 1,340,338 3,434,614 (61,109) 2023 1,885,464 1,321,538 3,207,002 (227,612) 2024 1,854,364 1,337,738 3,192,102 (14,900) 2025 1,853,264 1,318,238 3,171,502 (20,600) 494 of 651 Please note that these numbers are not specifically reflected in the 2014 Proposed Budget as the analysis continues to change up to the date of sale. Attachments: Ordinance 114-O-13 PFM Bond sale Analysis. 495 of 651 ORDINANCE NUMBER114-O-13 AN ORDINANCE providing for the issuance of one or more series of not to exceed $30,000,000 General Obligation Refunding Bonds, Series 2013B, of the City of Evanston, Cook County, Illinois, for 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 14th day of October 2013. Adopted by the City Council on the 28th day of October 2013. Published in Pamphlet Form by Authority of the Corporate Authorities on the ____ day of October 2013. Draft Ordinance 2013B 114 2212462 496 of 651 TABLE OF CONTENTS SECTION HEADING PAGE PREAMBLES ......................................................................................................................................1 SECTION 1. DEFINITIONS ......................................................................................................6 SECTION 2. INCORPORATION OF PREAMBLES ......................................................................9 SECTION 3. DETERMINATION TO ISSUE BONDS ...................................................................9 SECTION 4. BOND DETAILS...................................................................................................9 SECTION 5. REGISTRATION OF BONDS; PERSONS TREATED AS OWNERS .........................11 SECTION 6. BOOK ENTRY PROVISIONS...............................................................................12 SECTION 7. EXECUTION; AUTHENTICATION ......................................................................14 SECTION 8. REDEMPTION....................................................................................................15 SECTION 9. FORM OF BONDS ..............................................................................................21 SECTION 10. SECURITY FOR THE BONDS ..............................................................................27 SECTION 11. TAX LEVY; ABATEMENTS ...............................................................................27 SECTION 12. FILING WITH COUNTY CLERK .........................................................................28 SECTION 13. SALE OF BONDS; BOND ORDER(S); OFFICIAL STATEMENT ............................28 SECTION 14. CONTINUING DISCLOSURE UNDERTAKING .....................................................30 SECTION 15. CREATION OF FUNDS AND APPROPRIATIONS ..................................................31 SECTION 16. GENERAL TAX COVENANTS ............................................................................32 SECTION 17. CERTAIN SPECIFIC TAX COVENANTS ..............................................................33 -i- 497 of 651 SECTION 18. MUNICIPAL BOND INSURANCE ........................................................................35 SECTION 19. RIGHTS AND DUTIES OF BOND REGISTRAR ....................................................35 SECTION 20. DEFEASANCE....................................................................................................37 SECTION 21. PRIOR BONDS AND TAXES. ..............................................................................38 SECTION 22. PUBLICATION OF ORDINANCE .........................................................................38 SECTION 23. SEVERABILITY .................................................................................................38 SECTION 24. SUPERSEDER AND EFFECTIVE DATE ...............................................................39 LIST OF EXHIBITS A—FORM OF BOND ORDER B—CONTINUING DISCLOSURE UNDERTAKING -ii- 498 of 651 ORDINANCE NUMBER 114-O-13 AN ORDINANCE providing for the issuance of one or more series of not to exceed $30,000,000 General Obligation Refunding Bonds, Series 2013B, of the City of Evanston, Cook County, Illinois, for 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 has heretofore issued and there are now outstanding the following legal and validly binding and subsisting obligations of the City: 499 of 651 GENERAL OBLIGATION BONDS, SERIES 2004, DATED MAY 1, 2004 Original Principal Amount: $13,355,000 Originally Due Serially (or Subject to Mandatory Redemption) on December 1 of the Years: 2005 to 2023 Amount Remaining Outstanding: $10,195,000 Amount Which May Be Refunded: $9,325,000 REMAINING OUTSTANDING BONDS AND BONDS WHICH MAY BE REFUNDED DUE (OR SUBJECT TO MANDATORY REDEMPTION) AND DESCRIBED AS FOLLOWS: DECEMBER 1 OF THE YEAR AMOUNT ($) RATE OF INTEREST (%) AMOUNT WHICH MAY BE REFUNDED 2013 870,000 4.00 NONE 2014 900,000 4.00 900,000 2015 1 765,000 5.00 765,000 2016 800,000 5.00 800,000 2017 2 840,000 5.00 840,000 2018 885,000 5.00 885,000 2019 3 930,000 5.00 930,000 2020 975,000 5.00 975,000 2021 1,025,000 5.00 1,025,000 2022 1,075,000 5.00 1,075,000 2023 1,130,000 5.00 1,130,000 which bonds (the “2004 Prior Bonds”) are subject to redemption prior to maturity at the option of the City on any date on or after December 1, 2013, at the redemption price of par and accrued interest. 1 Part of 2016 Term Bond 2 Part of 2018 Term Bond 3 Part of 2020 Term Bond -2- 500 of 651 GENERAL OBLIGATION BONDS, SERIES 2004B, DATED JULY 15, 2004 Original Principal Amount: $11,730,000 Originally Due Serially (or Subject to Mandatory Redemption) on December 1 of the Years: 2004 to 2017 (excluding the years 2005 and 2006) Amount Remaining Outstanding: $2,830,000 Amount Which May Be Refunded: $2,235,000 REMAINING OUTSTANDING BONDS AND BONDS WHICH MAY BE REFUNDED DUE (OR SUBJECT TO MANDATORY REDEMPTION) AND DESCRIBED AS FOLLOWS: DECEMBER 1 OF THE YEAR AMOUNT ($) RATE OF INTEREST (%) AMOUNT WHICH MAY BE REFUNDED 2013 595,000 4.00 NONE 2014 630,000 4.00 630,000 2015 4 685,000 5.00 685,000 2016 445,000 5.00 445,000 2017 475,000 5.25 475,000 which bonds (the “2004B Prior Bonds”) are subject to redemption prior to maturity at the option of the City on any date on or after December 1, 2013, at the redemption price of par and accrued interest. 4 Part of 2016 Term Bond -3- 501 of 651 GENERAL OBLIGATION BONDS, SERIES 2005, DATED JULY 28, 2005 Original Principal Amount: $29,270,000 Originally Due Serially (or Subject to Mandatory Redemption) on December 1 of the Years: 2005 to 2025 Amount Remaining Outstanding: $20,575,000 Amount Which May Be Refunded: $18,440,000 REMAINING OUTSTANDING BONDS AND BONDS WHICH MAY BE REFUNDED DUE (OR SUBJECT TO MANDATORY REDEMPTION) AND DESCRIBED AS FOLLOWS: DECEMBER 1 OF THE YEAR AMOUNT ($) RATE OF INTEREST (%) AMOUNT WHICH MAY BE REFUNDED 2013 2,135,000 5.00 NONE 2014 2,260,000 5.00 2,260,000 2015 2,375,000 5.00 2,375,000 2016 2,515,000 5.00 2,515,000 2017 2,635,000 5.00 2,635,000 2018 2,785,000 5.00 2,785,000 2019 5 720,000 5.00 720,000 2020 6 760,000 5.00 760,000 2021 795,000 5.00 795,000 2022 7 835,000 5.00 835,000 2023 875,000 5.00 875,000 2024 8 920,000 5.00 920,000 2025 965,000 5.00 965,000 which bonds (the “2005 Prior Bonds” and, together with the 2004 Prior Bonds and the 2004B Prior Bonds, the “Prior Bonds” and those Prior Bonds which may be refunded currently as 5 Part of 2021 Term Bond 6 Part of 2021 Term Bond 7 Part of 2023 Term Bond 8 Part of 2025 Term Bond -4- 502 of 651 shown in the table above the “Eligible Prior Bonds”) are subject to redemption prior to maturity at the option of the City on any date on or after December 1, 2013, at the redemption price of par and accrued interest. D. The City Council of the City (the “Corporate Authorities”) has considered and determined that interest rates available in the bond market for the maturities of the Prior Bonds to be refunded are currently more favorable for the City than they were at the time when the Prior Bonds were issued and that it is possible, proper, and advisable to provide for the timely refunding, if such favorable rates continue, of the Eligible Prior Bonds, and to provide for the payment and redemption thereof as same become due at the earliest practical date of redemption, to the end of taking advantage of the debt service savings which may result from such lower interest rates (which refunding may hereinafter be referred to as the “Refunding”). E. The Corporate Authorities hereby determine that it is advisable and in the best interests of the City to provide for the borrowing of not to exceed $30,000,000 at this time pursuant to the Act (as hereinafter defined) for the purpose of paying the costs of the Refunding and, in evidence of such borrowing, to provide for the issuance of general obligation bonds of the City for such purpose in not to exceed such principal amount. 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 the Refunding and, in evidence of such borrowing, the issuance of 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. 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: -5- 503 of 651 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. City Corporate Authorities Eligible Prior Bonds 2004 Prior Bonds 2004B Prior Bonds 2005 Prior Bonds Prior Bonds Refunding 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. -6- 504 of 651 “Bond Fund” means the Bond Fund 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 Fund and investment income held in the Bond Fund. “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 each 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 Minneapolis, Minnesota, 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 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. -7- 505 of 651 “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 Advisor” 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 28th day of October 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 100% 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. -8- 506 of 651 “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 Refunding, 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 $30,000,000. The Bonds shall each be designated “General Obligation Refunding Bond, Series 2013B” or such other name or names or series designations as may be appropriate and as stated in the Bond Order; be dated the date of -9- 507 of 651 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 such years as shall be set forth in the Bond Order, and in such principal amounts as shall be set forth in the Bond Order, provided, however, that (a) the final date of maturity of the Bonds shall not extend past December 1, 2025; and (b) the tax levy required for the timely payment of the principal of and interest on the Bonds in any year shall not exceed the sum of the tax levies now on file for the Eligible Prior Bonds which are in fact refunded for the same year. 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 June 1, 2014, 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 Registered Owner, or as otherwise may be agreed -10- 508 of 651 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 the giving of notice of redemption of Bonds or to transfer or exchange any Bond all or any -11- 509 of 651 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 Blanket Letter of Representations (either being the “Letter of Representations”) substantially in -12- 510 of 651 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 than a registered owner of a Bond as shown in the Bond Register shall receive a Bond certificate -13- 511 of 651 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 certificate of authentication, substantially in the form provided, duly executed by the Bond -14- 512 of 651 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 three percent (103%) 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 set forth in (Section 4 of) this Ordinance for the maximum amounts of principal and interest due -15- 513 of 651 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 provide for the mandatory redemption of such Term Bonds without further order or -16- 514 of 651 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 Bond or Bonds to be redeemed at the address shown on the Bond Register or at such -17- 515 of 651 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 -18- 516 of 651 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 -19- 517 of 651 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 -20- 518 of 651 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. -21- 519 of 651 [FORM OF BONDS - FRONT SIDE] REGISTERED REGISTERED NO. _____ $_________ UNITED STATES OF AMERICA STATE OF ILLINOIS THE COUNTY OF COOK CITY OF EVANSTON GENERAL OBLIGATION REFUNDING BOND, SERIES 2013B See Reverse Side for Additional Provisions. Interest Maturity Dated Rate: Date: December 1, ____ Date: __________ __, 2013 CUSIP: 299227 ___ 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 June 1, 2014, 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 Minneapolis, Minnesota, as paying agent and bond registrar (the “Bond -22- 520 of 651 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. -23- 521 of 651 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] -24- 522 of 651 [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 Refunding Bonds, Series 2013B, having a Dated Date of ____ __, 2013, of the City of Evanston, Cook County, Illinois. WELLS FARGO BANK, N.A. Minneapolis, Minnesota as Bond Registrar Date of Authentication: ____________, 2013 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 refunding certain outstanding bonds of the City, and of paying expenses incidental thereto, all as described and defined in Ordinance Number __-_-13 of the City, passed by the City Council on the 28th day of October 2013, authorizing the Bonds (as supplemented by the Bond Order executed in connection with the sale of 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. -25- 523 of 651 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 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. -26- 524 of 651 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 -27- 525 of 651 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; 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: -28- 526 of 651 (1) The Purchaser shall be the winning bidder at public competitive sale of any Series of Bonds. (2) The Financial Advisor 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 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 -29- 527 of 651 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. 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 remedies for failure to comply -30- 528 of 651 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 2013B 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 Fund 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 “2013B Expense Fund.” Any disbursements from such -31- 529 of 651 fund shall be made from time to time as necessary. Any excess in said fund established for the Bonds shall be deposited into the Bond Fund after six months from the date of issuance of the Bonds. D. The amount necessary from the proceeds of the Bonds, together with such money in the debt service funds for the Eligible Prior Bonds as may be advisable for the purpose, shall be used to provide for the Refunding, and the payment of such expenses as may be designated. The City Manager, in conjunction with the officers of the City charged with administration of the City’s finances, shall then make provision for the call and redemption of the Eligible Prior Bonds to be refunded as soon as practicable after the delivery of Bonds to accomplish the Refunding. E. Alternatively, the Finance Director may allocate proceeds of the Bonds otherwise designated for the Bond Fund or the Expense 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. 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, 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 -32- 530 of 651 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: (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 Prior Bonds 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 Prior Bonds 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 Prior Bonds, other than the City or -33- 531 of 651 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) 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. (2) 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 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. (3) 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. -34- 532 of 651 (4) 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 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. 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 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, -35- 533 of 651 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 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 -36- 534 of 651 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 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 -37- 535 of 651 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. Prior Bonds and Taxes. The taxes previously levied to pay principal of and interest on the Prior Bonds, to the extent such principal and interest is provided for from the proceeds of the Bonds as hereinabove described, shall be abated. The filing of a certificate of abatement with the County Clerk shall constitute authority and direction for the County Clerk to make such abatement. Such taxes as previously levied which are either on hand or cannot be abated (already in the process of extension or collection) shall be used for lawful purposes of the City, including the payment of debt service on the Bonds, so as to reduce the need for the levy of taxes for the Bonds. Section 22. 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 23. 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. -38- 536 of 651 Section 24. 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 28th day of October 2013. AYES: _______________________________________________________________ NAYS: _______________________________________________________________ ABSENT: _______________________________________________________________ WITNESS: October 28, 2013 _______________________________ Mayor, City of Evanston Cook County, Illinois Published in pamphlet form by authority of the Corporate Authorities on October __, 2013. ATTEST: ____________________________________ City Clerk, City of Evanston Cook County, Illinois -39- 537 of 651 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 14th day of October 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 refunding of certain outstanding bonds of the City and considered the introduction of an ordinance providing for the issuance of one or more series of General Obligation Refunding Bonds, Series 2013B 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, _____________________ presented an ordinance entitled: 538 of 651 AN ORDINANCE providing for the issuance of one or more series of not to exceed $30,000,000 General Obligation Refunding Bonds, Series 2013B, of the City of Evanston, Cook County, Illinois, for 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, ________________ 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] -2- 539 of 651 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 -3- 540 of 651 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION OF AGENDA AND MINUTES - INTRODUCTION 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 14th day of October 2013 insofar as the same relates to the introduction of an ordinance, numbered __-_-13, entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $30,000,000 General Obligation Refunding Bonds, Series 2013B, of the City of Evanston, Cook County, Illinois, for 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 541 of 651 later than 5:00 p.m. on Friday, October 11, 2013; that at least one copy of the Agenda was continuously available for public review during the entirety of said time period preceding said meeting; that the Agenda contained a separate specific item relating to the consideration of the Ordinance and that a true, correct, and complete copy of the 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 14th day of October 2013. _______________________________ City Clerk [SEAL] -2- 542 of 651 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 28th day of October 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 refunding of certain outstanding bonds of the City and considered an ordinance providing for the issuance of one or more series of General Obligation Refunding Bonds, Series 2013B 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, ________________ presented an ordinance entitled: 543 of 651 AN ORDINANCE providing for the issuance of one or more series of not to exceed $30,000,000 General Obligation Refunding Bonds, Series 2013B, of the City of Evanston, Cook County, Illinois, for 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, ________________ 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] -2- 544 of 651 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 -3- 545 of 651 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION OF AGENDA, MINUTES AND ORDINANCE - ADOPTION 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 28th day of October 2013 insofar as the same relates to the adoption of an ordinance, numbered __-_-13, entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $30,000,000 General Obligation Refunding Bonds, Series 2013B, of the City of Evanston, Cook County, Illinois, for 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 546 of 651 later than 5:00 p.m. on Friday, October 25, 2013; that at least one copy of the Agenda was continuously available for public review during the entirety of said time period preceding said meeting; that the Agenda contained a separate specific item relating to the consideration of the Ordinance and that a true, correct, and complete copy of the 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 28th day of October 2013. _______________________________ City Clerk [SEAL] -2- 547 of 651 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 October 2013 there was published in pamphlet form, by authority of the City Council, a true, correct, and complete copy of Ordinance Number 114-O-13 of the City entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $30,000,000 General Obligation Refunding Bonds, Series 2013B, of the City of Evanston, Cook County, Illinois, for 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 October 2013. _______________________________ City Clerk [SEAL] 548 of 651 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 _________ 2013 there was filed in my office a properly certified copy of Ordinance Number 114-O-13, duly adopted by the City Council of the City of Evanston, Cook County, Illinois, on the 28th day of October 2013 and entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $30,000,000 General Obligation Refunding Bonds, Series 2013B, of the City of Evanston, Cook County, Illinois, for 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 ______________ 2013. _______________________________ County Clerk of The County of Cook, Illinois [SEAL] 549 of 651 Oct 7, 2013 11:05 am Prepared by Public Financial Management, Inc. (Finance 7.006 Evanston_City_IL_General Obligation:2013) Page 1 SOURCES AND USES OF FUNDS City of Evanston, IL G.O. Refunding Bonds (Rates as of October 1, 2013) (Approx. 2.0% Original Issue Premium Structure) $2,100,000 Savings in 2014 - $500,000 in 2015 Dated Date 11/20/2013 Delivery Date 11/20/2013 Refunding of Refunding of Refunding of Sources:2004 Bonds 2004B Bonds 2005 Bonds Total Bond Proceeds: Par Amount 9,240,000.00 2,210,000.00 18,175,000.00 29,625,000.00 Premium 172,646.75 56,310.35 425,212.70 654,169.80 9,412,646.75 2,266,310.35 18,600,212.70 30,279,169.80 Refunding of Refunding of Refunding of Uses: 2004 Bonds 2004B Bonds 2005 Bonds Total Refunding Escrow Deposits: Cash Deposit 9,325,000.00 2,235,000.00 18,440,000.00 30,000,000.00 Delivery Date Expenses: Cost of Issuance 19,240.00 12,210.00 28,175.00 59,625.00 Underwriter's Discount 64,680.00 15,470.00 127,225.00 207,375.00 83,920.00 27,680.00 155,400.00 267,000.00 Other Uses of Funds: Additional Proceeds 3,726.75 3,630.35 4,812.70 12,169.80 9,412,646.75 2,266,310.35 18,600,212.70 30,279,169.80 550 of 651 Oct 7, 2013 11:05 am Prepared by Public Financial Management, Inc. (Finance 7.006 Evanston_City_IL_General Obligation:2013) Page 2 SUMMARY OF BONDS REFUNDED City of Evanston, IL G.O. Refunding Bonds (Rates as of October 1, 2013) (Approx. 2.0% Original Issue Premium Structure) $2,100,000 Savings in 2014 - $500,000 in 2015 Maturity Interest Par Call Call Bond Date Rate Amount Date Price $13,355,000 G.O. Bonds, Serial 2004, 2004: SERIAL 12/01/2014 4.000% 900,000.00 12/01/2013 100.000 12/01/2021 5.000% 1,025,000.00 12/01/2013 100.000 12/01/2022 5.000% 1,075,000.00 12/01/2013 100.000 12/01/2023 5.000% 1,130,000.00 12/01/2013 100.000 TERM16 12/01/2016 5.000% 1,565,000.00 12/01/2013 100.000 TERM18 12/01/2018 5.000% 1,725,000.00 12/01/2013 100.000 TERM20 12/01/2020 5.000% 1,905,000.00 12/01/2013 100.000 9,325,000.00 $11,730,000 G.O. Refunding Bonds, Series 2004B, 2004B: SERIAL 12/01/2014 4.000% 630,000.00 12/01/2013 100.000 12/01/2017 5.250% 475,000.00 12/01/2013 100.000 TERM16 12/01/2016 5.000% 1,130,000.00 12/01/2013 100.000 2,235,000.00 $29,270,000 G.O. Refunding Bonds, Series 2005, 2005: SERIAL 12/01/2014 5.000% 2,260,000.00 12/01/2013 100.000 12/01/2015 5.000% 2,375,000.00 12/01/2013 100.000 12/01/2016 5.000% 2,515,000.00 12/01/2013 100.000 12/01/2017 5.000% 2,635,000.00 12/01/2013 100.000 12/01/2018 5.000% 2,785,000.00 12/01/2013 100.000 TERM21 12/01/2021 5.000% 2,275,000.00 12/01/2013 100.000 TERM23 12/01/2023 5.000% 1,710,000.00 12/01/2013 100.000 TERM25 12/01/2025 5.000% 1,885,000.00 12/01/2013 100.000 18,440,000.00 30,000,000.00 551 of 651 Oct 7, 2013 11:05 am Prepared by Public Financial Management, Inc. (Finance 7.006 Evanston_City_IL_General Obligation:2013) Page 3 SAVINGS City of Evanston, IL G.O. Refunding Bonds (Rates as of October 1, 2013) (Approx. 2.0% Original Issue Premium Structure) $2,100,000 Savings in 2014 - $500,000 in 2015 Present Value Prior Refunding to 11/20/2013 Date Debt Service Debt Service Savings @ 2.2044965% 12/01/2014 5,275,887.50 3,175,636.33 2,100,251.17 2,057,254.53 12/01/2015 5,136,687.50 4,630,025.00 506,662.50 488,010.03 12/01/2016 4,880,437.50 4,710,725.00 169,712.50 161,560.24 12/01/2017 4,882,437.50 4,713,225.00 169,212.50 157,066.71 12/01/2018 4,403,750.00 4,219,025.00 184,725.00 166,988.09 12/01/2019 2,200,250.00 2,098,025.00 102,225.00 90,565.23 12/01/2020 2,202,750.00 2,094,150.00 108,600.00 93,883.13 12/01/2021 2,201,000.00 2,094,275.00 106,725.00 90,081.37 12/01/2022 2,200,000.00 2,094,075.00 105,925.00 87,309.72 12/01/2023 2,199,500.00 2,097,225.00 102,275.00 82,315.94 12/01/2024 1,014,250.00 978,800.00 35,450.00 27,923.25 12/01/2025 1,013,250.00 977,600.00 35,650.00 27,429.86 37,610,200.00 33,882,786.33 3,727,413.67 3,530,388.09 Savings Summary PV of savings from cash flow 3,530,388.09 Plus: Refunding funds on hand 12,169.80 Net PV Savings 3,542,557.89 552 of 651 Oct 7, 2013 11:05 am Prepared by Public Financial Management, Inc. (Finance 7.006 Evanston_City_IL_General Obligation:2013) Page 4SUMMARY OF FINANCING RESULTSCity of Evanston, ILG.O. Refunding Bonds(Rates as of October 1, 2013)(Approx. 2.0% Original Issue Premium Structure)$2,100,000 Savings in 2014 - $500,000 in 2015BondEscrow NegativeNetSeriesBond Par Yield Contingency Yield Arbitrage SavingsRefunding of 2004 Bonds9,240,000.00 2.357% 3,726.751,205,338.87Refunding of 2004B Bonds2,210,000.00 0.958% 3,630.35177,278.30Refunding of 2005 Bonds18,175,000.00 2.193% 4,812.702,159,940.7229,625,000.0012,169.800.00 3,542,557.89Aggregate:Arbitrage Yield2.204497%Escrow Yield553 of 651 Oct 7, 2013 11:05 am Prepared by Public Financial Management, Inc. (Finance 7.006 Evanston_City_IL_General Obligation:2013) Page 5 BOND PRICING City of Evanston, IL G.O. Refunding Bonds (Rates as of October 1, 2013) (Approx. 2.0% Original Issue Premium Structure) $2,100,000 Savings in 2014 - $500,000 in 2015 Maturity Premium Bond Component Date Amount Rate Yield Price (-Discount) 2004 Ref Serials: 12/01/2014 540,000 2.000% 0.400% 101.643 8,872.20 12/01/2015 810,000 2.000% 0.680% 102.657 21,521.70 12/01/2016 910,000 2.000% 0.980% 103.038 27,645.80 12/01/2017 930,000 2.000% 1.290% 102.779 25,844.70 12/01/2018 950,000 2.000% 1.700% 101.440 13,680.00 12/01/2019 970,000 2.500% 2.150% 101.969 19,099.30 12/01/2020 990,000 2.500% 2.440% 100.385 3,811.50 12/01/2021 1,015,000 3.000% 2.710% 102.079 21,101.85 12/01/2022 1,045,000 3.000% 2.960% 100.314 3,281.30 12/01/2023 1,080,000 3.500% 3.170% 102.573 C 27,788.40 12/01/2024 4.000% 3.350% 105.028 C 12/01/2025 4.000% 3.580% 103.215 C 9,240,000 172,646.75 2004B Ref Serials: 12/01/2014 480,000 2.000% 0.400% 101.643 7,886.40 12/01/2015 745,000 2.000% 0.680% 102.657 19,794.65 12/01/2016 485,000 2.000% 0.980% 103.038 14,734.30 12/01/2017 500,000 2.000% 1.290% 102.779 13,895.00 12/01/2018 2.000% 1.700% 101.440 12/01/2019 2.500% 2.150% 101.969 12/01/2020 2.500% 2.440% 100.385 12/01/2021 3.000% 2.710% 102.079 12/01/2022 3.000% 2.960% 100.314 12/01/2023 3.500% 3.170% 102.573 C 12/01/2024 4.000% 3.350% 105.028 C 12/01/2025 4.000% 3.580% 103.215 C 2,210,000 56,310.35 2005 Ref Serials: 12/01/2014 1,420,000 2.000% 0.400% 101.643 23,330.60 12/01/2015 2,410,000 2.000% 0.680% 102.657 64,033.70 12/01/2016 2,730,000 2.000% 0.980% 103.038 82,937.40 12/01/2017 2,780,000 2.000% 1.290% 102.779 77,256.20 12/01/2018 2,850,000 2.000% 1.700% 101.440 41,040.00 12/01/2019 785,000 2.500% 2.150% 101.969 15,456.65 12/01/2020 805,000 2.500% 2.440% 100.385 3,099.25 12/01/2021 825,000 3.000% 2.710% 102.079 17,151.75 12/01/2022 850,000 3.000% 2.960% 100.314 2,669.00 12/01/2023 875,000 3.500% 3.170% 102.573 C 22,513.75 12/01/2024 905,000 4.000% 3.350% 105.028 C 45,503.40 12/01/2025 940,000 4.000% 3.580% 103.215 C 30,221.00 18,175,000 425,212.70 29,625,000 654,169.80 554 of 651 Oct 7, 2013 11:05 am Prepared by Public Financial Management, Inc. (Finance 7.006 Evanston_City_IL_General Obligation:2013) Page 6 BOND PRICING City of Evanston, IL G.O. Refunding Bonds (Rates as of October 1, 2013) (Approx. 2.0% Original Issue Premium Structure) $2,100,000 Savings in 2014 - $500,000 in 2015 Dated Date 11/20/2013 Delivery Date 11/20/2013 First Coupon 06/01/2014 Par Amount 29,625,000.00 Premium 654,169.80 Production 30,279,169.80 102.208168% Underwriter's Discount -207,375.00 -0.700000% Purchase Price 30,071,794.80 101.508168% Accrued Interest Net Proceeds 30,071,794.80 555 of 651 Oct 7, 2013 11:05 am Prepared by Public Financial Management, Inc. (Finance 7.006 Evanston_City_IL_General Obligation:2013) Page 7 BOND DEBT SERVICE City of Evanston, IL G.O. Refunding Bonds (Rates as of October 1, 2013) (Approx. 2.0% Original Issue Premium Structure) $2,100,000 Savings in 2014 - $500,000 in 2015 Period Ending Principal Coupon Interest Debt Service 12/01/2014 2,440,000 2.000% 735,636.33 3,175,636.33 12/01/2015 3,965,000 2.000% 665,025.00 4,630,025.00 12/01/2016 4,125,000 2.000% 585,725.00 4,710,725.00 12/01/2017 4,210,000 2.000% 503,225.00 4,713,225.00 12/01/2018 3,800,000 2.000% 419,025.00 4,219,025.00 12/01/2019 1,755,000 2.500% 343,025.00 2,098,025.00 12/01/2020 1,795,000 2.500% 299,150.00 2,094,150.00 12/01/2021 1,840,000 3.000% 254,275.00 2,094,275.00 12/01/2022 1,895,000 3.000% 199,075.00 2,094,075.00 12/01/2023 1,955,000 3.500% 142,225.00 2,097,225.00 12/01/2024 905,000 4.000% 73,800.00 978,800.00 12/01/2025 940,000 4.000% 37,600.00 977,600.00 29,625,000 4,257,786.33 33,882,786.33 556 of 651 Oct 7, 2013 11:05 am Prepared by Public Financial Management, Inc. (Finance 7.006 Evanston_City_IL_General Obligation:2013) Page 8 DETAILED BOND DEBT SERVICE City of Evanston, IL Refunding of 2004 Bonds DRAFT 2004 Ref Serials (2004) Period Ending Principal Coupon Interest Debt Service 12/01/2014 540,000 2.000% 238,470.56 778,470.56 12/01/2015 810,000 2.000% 220,600.00 1,030,600.00 12/01/2016 910,000 2.000% 204,400.00 1,114,400.00 12/01/2017 930,000 2.000% 186,200.00 1,116,200.00 12/01/2018 950,000 2.000% 167,600.00 1,117,600.00 12/01/2019 970,000 2.500% 148,600.00 1,118,600.00 12/01/2020 990,000 2.500% 124,350.00 1,114,350.00 12/01/2021 1,015,000 3.000% 99,600.00 1,114,600.00 12/01/2022 1,045,000 3.000% 69,150.00 1,114,150.00 12/01/2023 1,080,000 3.500% 37,800.00 1,117,800.00 9,240,000 1,496,770.56 10,736,770.56 557 of 651 Oct 7, 2013 11:05 am Prepared by Public Financial Management, Inc. (Finance 7.006 Evanston_City_IL_General Obligation:2013) Page 9 DETAILED BOND DEBT SERVICE City of Evanston, IL Refunding of 2004B Bonds DRAFT 2004B Ref Serials (2004B) Period Ending Principal Coupon Interest Debt Service 12/01/2014 480,000 2.000% 45,550.56 525,550.56 12/01/2015 745,000 2.000% 34,600.00 779,600.00 12/01/2016 485,000 2.000% 19,700.00 504,700.00 12/01/2017 500,000 2.000% 10,000.00 510,000.00 2,210,000 109,850.56 2,319,850.56 558 of 651 Oct 7, 2013 11:05 am Prepared by Public Financial Management, Inc. (Finance 7.006 Evanston_City_IL_General Obligation:2013) Page 10 DETAILED BOND DEBT SERVICE City of Evanston, IL Refunding of 2005 Bonds DRAFT 2005 Ref Serials (2005) Period Ending Principal Coupon Interest Debt Service 12/01/2014 1,420,000 2.000% 451,615.21 1,871,615.21 12/01/2015 2,410,000 2.000% 409,825.00 2,819,825.00 12/01/2016 2,730,000 2.000% 361,625.00 3,091,625.00 12/01/2017 2,780,000 2.000% 307,025.00 3,087,025.00 12/01/2018 2,850,000 2.000% 251,425.00 3,101,425.00 12/01/2019 785,000 2.500% 194,425.00 979,425.00 12/01/2020 805,000 2.500% 174,800.00 979,800.00 12/01/2021 825,000 3.000% 154,675.00 979,675.00 12/01/2022 850,000 3.000% 129,925.00 979,925.00 12/01/2023 875,000 3.500% 104,425.00 979,425.00 12/01/2024 905,000 4.000% 73,800.00 978,800.00 12/01/2025 940,000 4.000% 37,600.00 977,600.00 18,175,000 2,651,165.21 20,826,165.21 559 of 651 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, October 28, 2013 7:15 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Room 2404 AGENDA I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN WYNNE, CHAIR II. APPROVAL OF REGULAR MEETING MINUTES OF OCTOBER 14, 2013 III. ITEMS FOR CONSIDERATION (P1) Resolution 59-R-13 Designating the Portion of Greenleaf Street between Florence Avenue and Dewey Avenue with the Honorary Street Name Sign, “Sam McKinley, Jr. Way”. The Citizens’ Advisory Committee on Public Place Names recommends approval of Resolution 59-R-13. For Action (P2) Ordinance 113-O-13 Amending the Zoning Ordinance to allow Commercial Parking Lots as Special Uses in the B3 District The Plan Commission and City staff recommend amending the Zoning Ordinance to allow Commercial Parking Lots as special uses in the B3 District with front yard and street side yard landscaped setbacks. Since the only B3 District in the city is located on Howard Street, the proposed text amendment could increase the availability of parking in the Howard Street corridor and therefore encourage redevelopment and new business opportunities within the Howard-Ridge TIF District. For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 560 of 651 Planning & Development Committee Meeting Minutes of October 14, 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: M. Masoncup, M. Muenzer, B. Newman PRESIDING OFFICIAL: Ald. Wynne I. DECLARATION OF QUORUM A quorum being present, and Chair Wynne called the meeting to order at 7:17 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF SEPTEMBER 23, 2013 Ald. Holmes moved approval of the minutes of the September 23, 2013 P&D meeting, seconded by Ald. Grover. The minutes of the September 23, 2013 meeting were approved unanimously 7-0. III. ITEMS FOR CONSIDERATION (P1) Ordinance 112-O-13, Granting Special Use for a Private Educational Institution at 622 Davis Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 112-O-13 granting a special use permit for the operation of a Private Educational Institution, Beacon Academy, a Montessori High School, at 622 Davis Street. For Introduction Ald. Rainey moved to recommend introduction, seconded by Ald. Tendam. Steve Friedland of Applegate & Thorne-Thomsen, representing Beacon Academy, explained that Beacon Academy, a Montessori High School, proposes to occupy the 2nd through 4th floors of 622 Davis. He introduced Danielle Loevy, Chair of the Board of Directors of Beacon Academy. Danielle Loevy thanked the Committee for their consideration and expressed excitement about being a part of Evanston’s vibrant art, culture and entrepreneurial and educational community, as it was a clear choice for their Board. They also intend to be an asset to the community. Jeff Bell, Headmaster, said he recently moved to Evanston. He explained that Beacon Academy proposes to open in the fall of 2014 and recently received their first DRAFT – NOT APPROVED 561 of 651 Planning & Development Committee Meeting Minutes of 10-14-13 Page 2 of 2 application. He said they plan to do minor design changes, but the space is beautiful and move-in ready. They have formed partnerships with the Piven Theater Company, Evanston Arts Center, parts of NWU, the YMCA and other organizations and they plan to have 20% of their curriculum off campus to create a real world collegiate environment. He assured the Committee that the students will be able to handle the responsibilities of being off campus and will be accompanied by staff to the various sites. They will start with 9th and 10th grade and in 4 years plan to have full enrollment of 9th through 12th grades. At Ald. Holmes inquiry, Mr. Bell explained that there will be 120 students and 15 staff, of which two of the four staff members that have been hired so far are Evanston residents. He said they have had interest from students from Hyde Park to Lake Forest, to Naperville. Ald. Rainey clarified that in this case, private education institutions in a D2 zoning district, are a permitted special use. Mr. Friedland confirmed that the proposal is in compliance with the conditions of the special use, as listed in the Ordinance. Ald. Fiske asked how many times parents would be picking up students, saying it is a busy, narrow, street. Mr. Bell said the school will open early in order for parents to drop off students before they go to work but they may also ask the City to hood one of the parking meters during certain times to allow for drop off in a parking space. He added that many of the students will be taking public transportation, and that a high school student can exit the car more quickly than a very young child. The students will exit the school at staggered times. Ald. Fiske confirmed that the students could be dropped off before the businesses open. The Committee voted by a majority of 6-1 with Ald. Fiske opposed, to recommend introduction of Ordinance 112-O-13. IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT Ald. Grover moved to adjourn, seconded by Ald. Rainey. The meeting was adjourned at 7:29 p.m. Respectfully submitted, Bobbie Newman 562 of 651 For City Council meeting of October 28, 2013 Item P1 Resolution 59-R-13: Honorary Street Name Sign Sam McKinley, Jr. Way For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Citizens’ Advisory Committee on Public Place Names Joe McRae, Interim Director of Parks, Recreation and Community Services Subject: Resolution 59-R-13 Designating the Portion of Greenleaf Street between Florence Avenue and Dewey Avenue with the Honorary Street Name Sign, “Sam McKinley, Jr. Way”. Date: October 16, 2013 Recommended Action: The Citizens’ Advisory Committee on Public Place Names recommends approval of Resolution 59-R-13. Funding Source: Funds for the honorary street name sign program is budgeted in the Streets and Sanitation Division’s Materials Account 2670.65115. Three street signs are made for the honoree. One sign is installed at each end of the designated one block area and the third sign is given to the honoree. The approximate cost to create each honorary street name sign is $200. Summary: The Honorary Street Name Sign program was established in 1996 to allow citizens the opportunity to honor individuals or groups that have made significant contributions to the City. The program is administered by the Citizens’ Advisory Committee on Public Place Names through the Department of Parks, Recreation and Community Services. The request for an honorary designation has to originate with an Alderman and each Alderman may have one honorary designation approved each year. Honorary street name signs are displayed for a period of ten-years and the portion of a street so designated is one block long. At their October 8, 2013 meeting, the Citizens’ Advisory Committee on Public Place Names reviewed the honorary street name sign application submitted by Alderman Peter Braithwaite. It was a unanimous decision by the Committee to recommend approval of designating an honorary street name sign honoring Sam McKinley, Jr. Memorandum 563 of 651 ------------------------------------------------------------------------------------- Attachments: Resolution 59-R-13 Honorary Street Name Sign Application for Sam McKinley, Jr. Page 2 of 2 564 of 651 10/10/2013 59-R-13 A RESOLUTION Designating that Portion of Greenleaf Street Between Florence Avenue and Dewey Avenue with the Honorary Street Name Sign, “Sam McKinley, Jr. Way” WHEREAS, Sam McKinley, Jr. was raised in Evanston and educated in Evanston schools; and WHEREAS, Mr. McKinley is a pillar of the Evanston business community, owning and operating Best Taxi Service and McKinley Enterprises; and WHEREAS, Mr. McKinley has served on the board of the Evanston Women’s Shelter, provided food and housing to needy families and sports equipment to local associations, employed formerly-incarcerated residents, and helped implement a discount program for seniors and developmentally challenged adults; and WHEREAS, several community organizations, such as the NAACP, have recognized Mr. McKinley for his service to the Evanston community; and WHEREAS, Mr. McKinley’s business, Best Taxi Service, is located at 1527 Greenleaf Street, 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. 565 of 651 59-R-13 ~2~ SECTION 2: On behalf of the entire citizenry of the City of Evanston, the City Council hereby expresses appreciation for Sam McKinley, Jr. by designating that portion of Greenleaf Street between Florence Avenue and Dewey Avenue “Sam McKinley, Jr. Way.” SECTION 3: This Resolution 59-R-13 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2013 566 of 651 567 of 651 568 of 651 569 of 651 For City Council meeting of October 28, 2013 Item P2 Ordinance 113-O-13: Commercial Parking Lots as Special Uses in the B3 District For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director, Community Development Department Melissa Klotz, Interim Zoning Administrator, Planning and Zoning Division Subject: Proposed Ordinance 113-O-13 Amending the Zoning Ordinance to allow Commercial Parking Lots as Special Uses in the B3 District Date: October 17, 2013 Recommended Action The Plan Commission and City staff recommend amending the Zoning Ordinance to allow Commercial Parking Lots as special uses in the B3 District with front yard and street side yard landscaped setbacks. Since the only B3 District in the city is located on Howard Street, the proposed text amendment could increase the availability of parking in the Howard Street corridor and therefore encourage redevelopment and new business opportunities within the Howard-Ridge TIF District. Summary The only B3 Business District within the city is located on Howard Street, from the CTA tracks heading west to Ridge Avenue along a substantial portion of the Howard-Ridge TIF District. The B3 District currently permits uses such as retail goods and retail service establishments, cultural facilities, offices, and type 1 restaurants. These uses are most often successful when ample parking is available. Existing parking along this portion of Howard Street is limited to on-street metered spaces and minimal private parking. Most existing businesses do not have on-site parking that is available to customers. The overuse of street parking in the area recently led to the establishment of a designated Evanston vehicle sticker area for the residential area immediately north of Howard Street. While this permit-only parking area helps residents utilize street parking, it may negatively affect the adjacent Howard Street commercial corridor by limiting parking for customers. In the near future, the vehicle sticker area may be expanded to include a larger portion of the residential area, which could increase the demand for parking on Howard Street. There are two City-owned permit lots in the area at Clyde and Brummel, and Chicago and Howard. These lots do not have vacant spaces available. Memorandum 570 of 651 In conjunction with the Howard-Ridge TIF District that stretches from the CTA tracks to Ridge Avenue, the City’s Economic Development Division is encouraging the redevelopment of the Howard Street corridor and has helped establish new businesses such as Ward Eight wine bar, and the Peckish Pig restaurant and brewery that will open soon. These new businesses, as well as any future businesses in the area, would benefit from an increased availability of off-street parking in the immediate area as it would make customer parking readily available. Parking lots are currently not a permitted or special use in the B3 District. Parking lots are only allowed when they are accessory to a structure located on the same zoning lot. As a principal use, the Zoning Ordinance defines the term “Commercial Parking Lot”: Commercial Parking Lot: An area reserved or used for parking or storage of automobiles, which is either privately or publicly owned generally available to the public, and involving payment of a charge for such parking or storage. This definition ensures such use is not utilized for the storage of boats or other recreational vehicles for extended periods of time and does not function as a Vehicle Storage Establishment. The term “Commercial” does not preclude municipally-owned parking lots, but rather is intended to clarify the parking spaces are available by payment through permits, fees, meters, etc. B3 District setbacks currently prohibit parking spaces and drive aisles between a building’s front or street side yard façade and the right-of-way. These setback requirements must be adjusted if parking lots are allowed as principal uses since there would be no building façade. The proposed setbacks for open, unenclosed parking areas in the B3 District are: Front Yard – Landscaped setback required subject to site plan review as set forth in Chapter 3 of this Title Side Yard when Abutting a Street – Landscaped setback required subject to site plan review as set forth in Chapter 3 of this Title Side Yard when Abutting a Residential District – 10’ (no change) Side Yard when Abutting Nonresidential District – 5’ (no change) Rear Yard when Abutting a Residential District – 10’ (no change) Rear Yard when Abutting Nonresidential District – 5’ (no change) The proposed setback requirement is utilized in the C Districts as well. With review by the Site Plan and Appearance Review Committee (SPAARC), City staff can ensure proper landscaping and screening is provided on a case by case basis. Other setback requirements should remain the same so as not to overly impact neighboring properties. The addition of Commercial Parking Lots as special uses in the B3 District fits well with the goals and objectives of the Comprehensive Plan, which include: 571 of 651 Goal: Retain and enhance a diversity of business, commercial, and industrial areas as desirable locations of economic activity. Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. The proposed changes will allow existing and future businesses to succeed in the Howard Street corridor, as well as promote future redevelopment and business opportunities. Attachments Proposed Ordinance 113-O-13 Zoning Map of B3 Business District B3 District Zoning Regulations Plan Commission Draft Meeting Minutes 10.09.13 572 of 651 10/2/2013 113-O-13 AN ORDINANCE Amending Portions of the Zoning Ordinance to Allow Commercial Parking Lots In the B3 District Pursuant to Special Use Permits WHEREAS, on October 9, 2013, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 13PLND-0087 to consider various amendments to the text of Title 6 of the Evanston City Code of 2012, as amended (the “Zoning Ordinance”), to allow Commercial Parking Lots in the B3 Business District pursuant to Special Use Permits; and WHEREAS, the Plan Commission received testimony and made written findings pursuant to Section 6-3-4-5 of the Zoning Ordinance that the proposed amendments met the standards for text amendments, and recommended City Council approval thereof; and WHEREAS, at its meeting of October 28, 2013, the Planning and Development Committee of the City Council considered and adopted the findings and recommendation of the Plan Commission in case no. 13PLND-0087 and recommended City Council approval thereof; and WHEREAS, at its meetings of October 28 and November 11, 2013, the City Council considered and adopted the records and recommendations of the Plan Commission and the Planning and Development Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: 573 of 651 113-O-13 ~2~ SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Subsection 6-9-4-3 of the Zoning Ordinance, “Special Uses” in the B3 District, is hereby amended to include “Commercial Parking Lots.” SECTION 3: Subsection 6-9-4-7 of the Zoning Ordinance, “Yard Requirements” in the B3 District, is hereby amended to read as follows: 6-9-4-7: YARD REQUIREMENTS: The yard requirements for the B3 District are as follows: (A) Front yard Build to front property line required, meaning no less than seventy percent (70%) of building at grade is within five inches (5”) of front property line; open and unenclosed accessory parking and appurtenant areas at grade, including driveway aisles and ramps, prohibited between building and public right- of-way; Commercial Parking Lots, landscaped setback required subject to Site Plan review as set forth in Chapter 3 of this Title. (B) Side yard when abutting street Build to side property line required, meaning no less than seventy percent (70%) of building at grade is within five inches (5”) of side property line; open and unenclosed accessory parking and appurtenant areas at grade, including driveway aisles and ramps, prohibited between building and public right- of-way; Commercial Parking Lots, landscaped setback required subject to Site Plan review as set forth in Chapter 3 of this Title. (C) Side yard when abutting residential district Building, fifteen feet (15’); parking, ten feet (10’) (D) Rear yard when abutting residential district Building, fifteen feet (15’); parking, ten feet (10’) (E) Side yard when abutting non-residential district Building, none; parking, five feet (5’) (F) Rear yard when abutting non-residential district Building, ten feet (10’); parking, five feet (5’) SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 574 of 651 113-O-13 ~3~ SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 7: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 575 of 651 576 of 651 577 of 651 578 of 651 579 of 651 DRAFT NOT APPROVED Page 1 of 2 Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, October 9, 2013 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Barbara Putta, Patricia Ledesma, Richard Shure, Lenny Asaro, Seth Freeman Members Absent: David Galloway (Associate), Kwesi Steele, Jim Ford, Stuart Opdycke (Associate), Melanie Johnson Staff Present: Melissa Klotz, Mark Muenzer, Ken Cox Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Peters called the meeting to order at 7:08 P.M. 2. APPROVAL OF July 17, 2013 MEETING MINUTES Commissioner Ledesma motioned for approval of the July 17, 2013 meeting minutes. Commissioner Shure seconded the motion. A voice vote was taken and the minutes were approved 6-0. 3. TEXT AMENDMENT TO THE ZONING ORDINANCE 13PLND-0087 Specifically consider text amendments, pursuant to City Code §6-9-4, B3 Business District, to discuss the zoning regulations of parking lots as permitted and special uses. Melissa Klotz, Interim Zoning Administrator, described the proposed text amendment as recommended by staff and the Zoning Committee of the Plan Commission. Commissioner Freeman noted he has an issue with allowing private parking lots, and asked if there is a per-space fee payable to the City for private lots. Chairman Peters noted the City Code states there is a $144 fee per parking space each year, providing the space is regularly occupied. Commissioner Asaro noted the area in question is already densely built up, and it likely is not economically feasible for anyone, including the City, to demolish multiple buildings to create surface parking lots. 580 of 651 DRAFT NOT APPROVED Page 2 of 2 Plan Commission Minutes Chairman Peters responded that it may be economically feasible to do so because as more businesses come in, property values should go up. Commissioner Freeman noted that it seems like bad policy. If there is a need for parking in that area, the City should make it, not rely on private market forces. Commissioner Ledesma asked if the City could make a parking lot in this district without the text amendment, and Ms. Klotz responded yes, through a municipal exemption, thought that is generally not the desirable way to go about land use changes. The Standards were then addressed: 1. Yes 2. Yes 3. Yes 4. Yes Chairman Peters motioned to approve the proposed text amendment, and Commissioner Shure seconded the motion. The text amendment was recommended to City Council with unanimous approval. 4. ADJOURNMENT Commissioner Freeman motioned to adjourn, and Commissioner Shure seconded the motion. The meeting adjourned at 7:30pm. Respectfully Submitted, Melissa Klotz Interim Zoning Administrator, Community Development Department 581 of 651 For City Council meeting of October 28, 2013 Item P3 Ordinance 112-O-13 Special Use for a Private Educational Institution at 622 Davis Street For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Melissa Klotz, Interim Zoning Administrator, Planning and Zoning Division Subject: Ordinance 112-O-13, Granting Special Use for a Private Educational Institution Date: October 2, 2013 Recommended Action The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 112- O-13 granting a special use permit for the operation of a Private Educational Institution, Beacon Academy, a Montessori High School, at 622 Davis Street. The applicant has complied with all zoning requirements, and meets all of the standards for a special use in the D2 Downtown Retail Core District. This ordinance was introduced at the October 14, 2013 City Council meeting. Summary The site in question is located on the south side of Davis Street, midblock between Orrington and Chicago Avenues in the D2 Downtown Retail Core District. The property features a four-story building. The ground level is currently occupied by Cheesies Pub & Grub. The applicant proposes to operate a private high school on the second, third, and fourth floors, which feature a common entrance next to the Cheesies entrance. The property is entirely surrounded by the D2 and D3 downtown zoning districts, which features ground floor commercial uses. Beacon Academy plans to open for the fall 2014 school year with a student body for mostly ninth grade students and a few tenth grade students for a total of 30 to 40 students. By 2017, the school will expand to a full capacity of 120 students. Most of the curriculum will take place at 622 Davis Street, but approximately 25% of the program will take place at other locations such as the Evanston Public Library, the Noyes Cultural Arts Center, and the YMCA. Hours of operation will generally be 8am – 6pm, with school hours of 8:45am to 3:45pm, August through June. Employees will occupy Memorandum 582 of 651 the building year round. In its first year, the school will employ six to seven faculty and staff members. At full enrollment, a total staff of 15 is expected. The second, third, and fourth floors of 622 Davis Street comprise 9,500 square feet of gross floor area, ADA restrooms, elevators, and a sprinkler system. The front façade of the building will not be changed, but signage will be added. Beacon Academy hopes to create a drop off area where there is currently a metered parking space in front of the building for one hour in the morning and afternoon on school days, though it is anticipated that most students will utilize public transportation. Spaces in a parking garage will be leased for all employees. There is a loading area at the rear of the property via the alley for deliveries and special events that require bus loading. Neighborhood Benefit This use should not cause a negative effect on the surrounding area. At full capacity, the school will bring 135 people to the downtown who will then utilize other businesses in the area. The school will operate on floors two through four, so as not to occupy valuable ground floor retail space. Drop offs and pick ups should be minimized on Davis Street so that traffic issues do not arise. Comprehensive Plan The Evanston Comprehensive General Plan encourages new development along existing commercial corridors that can bring in more foot traffic as well as convenience for residents that live in or near the downtown who choose to utilize the school. The proposed use is an adaptive reuse of a location that has been vacant for some time. The Comprehensive General Plan specifically includes: Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. Objective: Recognize and support the strong role neighborhood business districts play in Evanston’s economy and its identity. A special use for the proposed Beacon Academy will promote the existing commercial area and benefit the nearby residential area. City staff is not aware of any objections from neighboring property owners. Legislative History October 1, 2013: The ZBA recommended unanimous approval of the special use permit to the City Council with the following conditions: 1. Employees may not utilize street parking. 2. Deliveries must be made via the rear alley. 3. Passenger loading/unloading shall not hinder the flow of traffic on Davis Street. 4. Litter Collection and Litter Pick-Up Plan. Attachments Proposed Ordinance 112-O-13 583 of 651 October 1, 2013 ZBA Draft Meeting Minutes Excerpt ZBA Findings Staff memo to the ZBA ZBA Application Packet – October 1, 2013 584 of 651 10/2/2013 112-O-13 AN ORDINANCE Granting a Special Use Permit for a Private Educational Institution Located at 622 Davis Street in the D2 District (“Beacon Academy”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on October 1, 2013, pursuant to proper notice, to consider case no. 13ZMJV-0083, an application filed by Beacon Academy, a Montessori High School (the “Applicant”), lessee of the property legally described in Exhibit A (the “Subject Property”), attached hereto and incorporated herein by reference, commonly known as 622 Davis Street and located in the D2 Zoning District, for a Special Use Permit to establish, pursuant to Subsection 6-11-3-4 of Title 6 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Private Educational Institution on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Private Educational Institution met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of October 14, 2013, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 13ZMJV-0083; and WHEREAS, at its meetings of October 14 and October 28, 2013, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, 585 of 651 112-O-13 ~2~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Private Educational Institution on the Subject Property as applied for in case no. 13ZMJV-0083. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Employee Parking: The Applicant shall obtain and keep current a parking permit, for a space in either the Sherman Plaza or Church Street garage, for each employee who drives to work at the Special Use authorized hereby. C. Alley Deliveries: The Applicant shall require every driver making a delivery to the Private Educational Institution authorized by this ordinance to do so via the alley immediately south of the Subject Property. D. Passenger Loading/Unloading: The Applicant shall not permit passenger loading and/or unloading that, in the City’s sole determination, unduly hinders the flow of traffic on Davis Street. E. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds and provide the City with proof of such recordation. 586 of 651 112-O-13 ~3~ F. Litter Collection Plan: The Applicant shall implement and adhere to a Litter Collection Plan that requires the policing of an area located within a radius of two hundred fifty feet (250’) of the Subject Property. The Applicant shall police this area at least once every three (3) hours during the hours the Special Use is in operation and shall keep it free of all litter, from any source. For the purpose of this ordinance, “litter” shall include, but is not limited to: food, food waste, and beverages; solid waste, including paper, wrappings, containers, cardboard, napkins, straws, utensils, plates, cans, glass, crockery, cigarette butts, ashes and similar materials; animal waste and dead animals; yard clippings and leaves; and all other waste materials which, if thrown or deposited as herein prohibited, may create a danger to public health, safety, or welfare. G. Litter Pick-Up Plan: The Applicant and/or the owner of the Subject Property shall provide and maintain, on the Subject Property, exterior litter receptacles, in sufficient number and type, and with collections therefrom of sufficient number and frequency, in the City’s judgment, to contain, with lids tightly shut, all litter emanating from operation of the Special Use authorized hereby. Litter shall be collected no less than three (3) times per week, including collections on Sundays as necessary, in the City’s judgment, to comply with this condition. All litter receptacles shall be maintained in a clean condition with tight-fitting lids, and shall be placed on Code-compliant surfaces. The owner of the Subject Property shall provide adequate space at the rear of and on the Subject Property to accommodate the litter receptacles and collections required. Within seven (7) days of written notice from the City to do so, the Applicant and/or the owner of the Subject Property shall modify the number of litter receptacles and/or the number of collections therefrom, as directed by the City. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 587 of 651 112-O-13 ~4~ SECTION 8: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 588 of 651 112-O-13 ~5~ EXHIBIT A Legal Description THE EAST 34½ FEET OF SUB-LOT 2 OF THE RE-SUBDIVISION OF LOTS 11 AND 12, IN BLOCK 27, IN THE CITY OF EVANSTON, IN THE EAST ½ OF THE SOUTHWEST ¼ OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 11-18-312-017-0000 Commonly Known As: 622 Davis Street, Evanston, Illinois. 589 of 651 DRAFT NOT APPROVED Page 1 of 3 Zoning Board of Appeals MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, October 1, 2013 7:30 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Lori Summers, Beth McLennan, Matt Rodgers, Scott Gingold, Clara Wineberg, Mary Beth Berns Members Absent: Andrew Gallimore Staff Present: Melissa Klotz, Mark Muenzer, Ken Cox Presiding Member: Lori Summers Declaration of Quorum With a quorum present, Chairman Summers called the meeting to order at 7:36pm. Approval of Minutes The minutes from the August 6, 2013 Zoning Board of Appeals meeting were motioned for approval by Mr. Gingold and seconded by Ms. Berns. The motion was approved 4-0 with 2 abstentions. The minutes from the September 3, 2013 Zoning Board of Appeals meeting were motioned for approval by Mr. Rodgers and seconded by Ms. McLennan. The motion was approved 3-0 with 3 abstentions. New Business 622 Davis Street ZBA 13ZMJV-0083 Beacon Academy, a Montessori High School, lessee, applies for a special use permit for a Private Educational Institution at 622 Davis Street. 622 Davis Street is located in the D2 Downtown Retail Core District, which requires a special use permit for Private Educational Institutions to operate (Zoning Code Section 6-11-3-4). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Mr. Gingold noted one of the board members of Beacon Academy is his neighbor but his vote would not be influenced by such. Chairman Summers noted she has worked with Mr. Friedland but her vote would not be influenced either. Ms. Klotz read the case into the record. Jeff Bell, applicant, explained the proposal: • School will open in fall of 2014 • It’s a small space for a school because 15-25% of learning will take place at other locations like the YMCA and the library • The space will be highly flexible with movable walls • 30-50 students are expected the first year, and 120 students at full capacity • Most students will take the Metra or CTA Terry Wright, applicant explained: • The school will occupy three floors, most of which is already built out to ADA standards and equipped with sprinklers • Some of the existing offices will be combined to make classrooms 590 of 651 DRAFT NOT APPROVED Page 2 of 3 Zoning Board of Appeals • There is a second egress out the back to the alley Mr. Bell added: • Building will open at 7am and classes will begin at 8:45am, which corresponds with the Metra schedule • Staggered leave times • Students who need to venture off-campus for learning will be accompanied by a staff member • Buses will only be used for special events • Exploring the possibility of a drop-off spot on Davis Street for one hour in the morning and one hour in the afternoon • Considering leasing parking in a City garage for staff Ms. Wright added: • There will be no food prep on site – students will bring their lunches or utilize nearby restaurants • The school will feature a swipe card or buzz in system to enter the building • Small deliveries will arrive via the rear alley • Students that choose to drive will not be able to park on the street since they will not be able to feed the meters Mr. Bell concluded with: • Sports will be conducted via off-site partnerships with LA Fitness and the YMCA • Students will be responsible for their own transportation to away game events (there will not typically be bus loading) • For occasional bus use, the alley will be utilized for loading and unloading Ms. Klotz noted there is no parking requirement since the building is existing, but if the use were locating in new construction, parking for 14 would be required (5 for staff and 9 for students). The Zoning Board entered into Deliberations: Mr. Gingold noted the use is good for Evanston because it will bring 120-150 people to the downtown area who will utilize restaurants and shop and the use is taking up a vacant space. A condition should require that street parking not be utilized, but the occasional bus is a non- issue. Ms. McLennan noted that there is some concern about traffic backups during drop off and pick up hours. Ms. Berns added there is not an abundance of businesses that use drop offs in that area of downtown. Chairman Summers noted Bright Horizons daycare, which is one block north on Orrington Avenue, uses a large amount of drop offs, which are routed through the alley. Mr. Rodgers mentioned a parking condition is necessary for the staff but likely not necessary for the students. He also noted food prep is not an issue. Mr. Gingold suggested adding the Litter Collection and Litter Pick Up Plans as conditions since students will have food on site. Chairman Summers noted a condition should be added to require all deliveries be made via the alley. The Standards were then discussed: 591 of 651 DRAFT NOT APPROVED Page 3 of 3 Zoning Board of Appeals 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Rogers motioned to recommend approval with the following conditions: 1. Litter Collection and Litter Pick Up Plans 2. Deliveries should be made via the alley 3. Employees shall not park on the street 4. The applicants should explore pick up and drop off locations that would not impact the traffic flow on Davis Street Ms. McLennan seconded the motion, which was approved 6-0. The meeting adjourned at 9:05 p.m. This meeting was recorded by audio and video and is available at the Community Development Department, 2100 Ridge Avenue, Evanston. Respectfully Submitted, Melissa Klotz Zoning Planner, Community Development Department 592 of 651     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 October 1, 2013, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearing, based upon the standards for special uses specified in Section 6-3-5-10 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 6-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 6-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met _____Not Met Vote 6-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 6-0 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 6-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 6-0 Case Number: 13ZMJV-0083 Address or Location: 622 Davis Street Applicant: Beacon Academy, a Montessori School / Jeff Bell Proposed Special Use: Private Educational Institution – Beacon Academy 593 of 651     (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 6-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 6-0 (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 6-0 and, based upon these findings, and upon a vote __6__ in favor & __0__ against Recommends to the City Council _____ approval without conditions __X__ approval with conditions specifically: 1. Employees may not utilize street parking. 2. Deliveries must be made via the rear alley. 3. Passenger loading/unloading shall not hinder the flow of traffic on Davis Street. 4. Litter Collection and Pickup Plan. _____ denial of the proposed special use. __________________________________________ Date: _____________ Lori Summers Zoning Board of Appeals Chair Attending: Vote: Aye No ___X___ Mary Beth Berns __X__ ____ ___X___ Clara Wineberg __X__ ____ ___X___ Scott Gingold __X__ ____ ___X___ Beth McLennan __X__ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Lori Summers __X__ ____ _______ Andrew Gallimore _____ ____ 594 of 651 595 of 651 596 of 651 597 of 651 598 of 651 599 of 651 600 of 651 601 of 651 602 of 651 603 of 651 604 of 651 605 of 651 606 of 651 607 of 651 608 of 651 609 of 651 610 of 651 611 of 651 612 of 651 613 of 651 614 of 651 615 of 651 616 of 651 617 of 651 618 of 651 619 of 651 For City Council meeting of October 28, 2013 Item H1 Business of the City by Motion: Special Events Lakefront Use For Action To: Honorable Mayor and Members of the City Council and Human Services Committee From: Members of the Park and Recreation Board Joe McRae, Park, Recreation and Community Services Interim Director Subject: Lakefront Use - Special Events Date: October 16, 2013 Recommended Action: The Park and Recreation Board recommend City Council’s consideration of approval of modifications to the special events policy for lakefront use as a 3 year pilot at which time City Council can extend or modify the policy. Summary: During the development of the Special Events Policy & Guidelines the lakefront neighbors and users sent a memo to the Human Services Committee dated February 28, 2003 stating the need to have a fixed number of events and event days at the lakefront, a limit of amplified events, and a set application process with set dates. The City Council approved a Special Event Permit process in June 2003. At the time the policy was approved there were 12 reoccurring annual lakefront events scheduled, totaling 20 days. As part of the policy, the council set the fixed number of events and event days that could be held annually at the lakefront to 12 events and 20 days. Lakefront events with more than 100 participants are considered special events and must be approved by the Human Services Committee and City Council. Each year staff receives special event permit applications from applicants wanting to use the lakefront parks or path for an event. However, with the current policy in place, these event coordinators are asked to provide alternate routes that do not include the lakefront or to reapply next year in case one of the 12 reoccurring annual events decide not to submit an application, freeing a space for a new applicant. In discussion with the City Manager in 2011, staff was directed to ask the Human Services Committee to review and consider the current Special Event Permit policy as it relates to the number of special events that take place at the lakefront. The item was held at the December 2011 Human Services Committee meeting for further discussion and the January 2012 Human Services committee meeting was cancelled. Memorandum 620 of 651 Due to time constraints for planning/promoting the 2012 proposed events, on February 6, 2012, the Human Services Committee approved 3 additional events to occur on the lakefront totaling 15 events and 23 event days during 2012. 1. Rotary International’s Race to the Finish – April 15, 2012 2. Concerned Belizean, Inc.’s Walk/Run for Education – June 3, 2012 3. Evanston Running Club’s ½ Marathon – July 2012 (event was cancelled) The policy was referred to the Park and Recreation Board for review and recommendation. A subcommittee of the Park and Recreation Board developed draft criteria for the policy however due to time constraints for the 2013 special event permit application process, there were no changes recommended to the 2013 special event permit policy. As part of the 2013 special events calendar, the Human Services Committee approved 2 additional lakefront park events totaling 14 events and 22 event days during 2013. 1. Concerned Belizean, Inc.’s Walk/Run for Education – Sun, June 2, 2013 2. Jet Events, LLC Halloween Hustle 6K Run/Walk - Sun, Oct. 27, 2013 Staff continued working with the subcommittee of the Park and Recreation Board to develop proposed criteria for the special event application process. At their June 27, 2013 meeting, the Park and Recreation Board approved the subcommittee’s recommendation of modifications to the special events lakefront use policy. The Park and Recreation Board recommend City Council’s consideration of approval of modifications to the special events policy as a 3 year pilot at which time City Council can extend or modify the policy. Legislative History: The special events policy for lakefront use was referred to the Park and Recreation Board in 2011. June 27, 2013 the Board voted to recommend the Human Services Committee’s approval of the proposed modifications to the special events policy as a 3 year pilot at which time City Council can extend or modify the policy. September 16, the Human Services Committee approved moving the recommendation forward to City Council for consideration of approval. October 14, the item was held by City Council. ------------------------------------------------------------------------------------- Attachments: Memo from the Park and Recreation Board with the proposed modifications to the special events policy for lakefront use List of 2013 lakefront events 621 of 651 To: Honorable Mayor and Members of the City Council Human Services Committee From: Park and Recreation Board Subject: Recommendations for proposed modification to the special events policy for lakefront use Date: June 27, 2013 The Park and Recreation Board was charged with recommending high and low impact criteria pertaining to the permitting of “special events” at the lakefront parks and the annual number of “special event” permits allowed. In addition to the criteria and number of events, the Board is recommending that the “time frame” of the event should be considered in the permit process and the department should consider charging an additional fee for lakefront park permits. Preference should be given to residents over non-residents; not for profit over for profit organizations; and returning events with longevity. Time Frame • Currently no more than 12 events can take place at the lakefront each year which allows for no new events unless an event decides to discontinue. The subcommittee recommends setting a limit for the number of high and low impact events that take place during the summer months (between Memorial Day and Labor Day); and non-summer months (between Labor Day and Memorial Day) allowing for new events to take place during the time when the lakefront is not heavily used. Summer months: Allow 6 high impact events and 10 low impact events (but not more than two high impact events in any one month) Current list of High Impact Current list of Low Impact 4th of July Fireworks Nichols School Walk Starlight Concerts Ethnic Arts Festival Ricky Byrdsong 5K Race Movies in the Park Lakeshore Arts Festival Rotary Staff Picnic Duck Pluck (3 Vacant spaces) Walk/Run for Education (3 Vacant spaces) Memorandum 622 of 651 Non-summer months: Allow 5 high impact events and 12 low impact events Current list of High Impact Current list of Low Impact Turkey Trot 5K Run YMCA Campout Northshore Century Bike Ride (11 Vacant spaces) Halloween Hustle Run (2 Vacant spaces) Additional Application Fees • Special Event Permit Application. The special event permit application fee for all special events is $100, which hasn’t been increased since 2003. The committee recommends increasing the special event permit application fee for all special events from $100 to $150. Lakefront park events with more than 100 participants and non-lakefront park events of 250 participants are considered special events and require a special event permit application. • Park Permit Application. The special event park permit is separate from the special event permit application and requires a separate fee of $125. Because the lakefront park is a prime location for events, the committee recommends increasing the special event park permit for lakefront parks from $125 to $250 for low impact events and $375 for high impact events. The special event park permit fee will remain $125 for non – lakefront parks. • Fee Based Events. Fee based events with participants of 500 or more may require an additional permit cost. Staff will continue working with the subcommittee to determined permit costs. Criteria to Determine if an event is High Impact or Low Impact • The committee recommends using the following criteria to determine if a special event is high impact or low impact: Day of the week; structure/gathering; number of participation; length of time for the event; amplification; require waste removal; has environmental impact; or requires special arrangement for vehicles. Events that meet more than 4 of the criteria listed below may qualify as high impact. Events that meet 4 or less of the criteria listed may qualify as low impact. 1. The event is scheduled on a Saturday or Sunday. 2. The event involves gathering and/or staging temporary structure i.e., tent/stage. 3. The event will be more than 3 hours long (not including set up/tear down). 4. The event will have more than 250 participants. 5. The event involves amplification. 6. The event requires additional waste services / receptacle pickups, etc. 7. The event requires street closures; traffic control; or use of generator. 8. The event requires special arrangements for trucks or utility vehicles. 623 of 651 Use of Other Lakefront Parks • The committee recommends encouraging use of other lakefront parks such as Burnham Shores or Elliot Park to minimize use of Dawes and Centennial Park. Special Event Application Process • The Special Event Permit process includes the following steps: 1. Applicants must submit the first page of the special event application by February 1 of each year. 2. The full application is due no later than February 28. 3. Applications are reviewed by the Special Events Committee 4. Applications are presented to City Council by March 31st for their consideration of approval. Staff will work with the Park and Recreation Board to determine new due dates that will accommodate those events that will take place earlier in the year. For example, have the full application due by November 30, 2013 and approved by Council by January 31, 2014. 624 of 651 2013 Lakefront Events Event Details Organization: # of Events Event Days Nichols Sandy McDermott Walkathon Participants walk on sidewalk down Greenleaf from Nichols to Lakefront path to northwestern and back - same as past years Nichols Middle School / Dist 65 1 1 June Ricky Byrdsong 5K Race 5K race at Lincoln & Sheridan (Long Field)- Lakefront path - same as past years JMC Partners 1 1 June Fourth of July Parade/Fireworks Parade on Central St / Fireworks at Lakefront - same as past years Evanston Fourth of July Association 1 1 July Ethnic Art Festival Festival in Dawes Park City of Evanston 1 2 July Starlight Concert Series Concert in Dawes Park City of Evanston 1 5 July/Aug Lakeshore Art Festival Festival in Dawes Park City of Evanston 1 2 Aug Duck Race and Pluck Fundraiser event plucking rubber ducks from Dawes Park Lagoon at lakefront Evanston Environmental Association 1 1 Aug Movies in the Park Movie in Dawes Park City of Evanston 1 2 Aug/Sep Rotary Staff Picnic Rotary Int'l staff picnic in Centennial Park same as past years Rotary International 1 1 Aug McGaw YMCA Adventure Guides Lakefront Campout Lakefront campout in Centennial Park - same as past years McGaw YMCA 1 2 Sep North Shore Century Bike ride registration staged at Dawes Park & Lagoon bldg at Lakefront -bike ride to Kenosha and back Evanston Bicycle Club 1 1 Sep Flying Turkey 5K Run/Walk Staged in Centennial Park- 5k along Sheridan Rd between Lincoln and Greenwood and on NU property; close Sheridan from Clark to Lincoln Jet Events, LLC ( Eliot Wineberg)1 1 November 12 20 Walk/Run for Education (Approved by HSC 2012; requesting approval for 2013 ) Staged in Lighthouse Park; participants walk south on lakefront path to Lee st and back Concerned Belizean, Inc.1 1 June Evanston Haloween Hustle 6K Run/Walk (NEW) Staged in Centennial Park- 5k along Sheridan Rd /Lakeshore Blvd between Davis and Lee St and on NU property; close Sheridan from Church to Davis for start of the race only Jet Events, LLC ( Eliot Wineberg)1 1 Oct 14 22 625 of 651 For City Council meeting of October 28, 2013 Item H2 Ordinance 80-O-13: Restrictions to E-Cigarette Usage and Sales For Action To: Honorable Mayor and Members of the City Council From: Evonda Thomas-Smith, Director, Health Department Subject: Ordinance 80-O-13, Amending Title 3, Chapter 14 “Cigarettes and Tobacco Products” and Title 8, Chapter 18 “Clean Air Act” to add Restrictions for Use of Electronic Cigarettes and Liquid Nicotine Products Date: October 21, 2013 Recommended Action: The Human Services Committee and staff recommend that the City Council authorize adoption of Ordinance 80-O-13, amending Title 3, Chapter 14 “Cigarettes and Tobacco Products” to add Restrictions for Use of Electronic Cigarettes and Liquid Nicotine. This ordinance was introduced at the September 23, 2013 City Council meeting and held for action to October 28, 2013. Funding Source: N/A Summary: Staff proposed amending the Evanston Clean Air Act which would 1) prohibit e-cigarette use wherever use of other smoking materials are prohibited; and 2) include e-cigarettes in the definition of “smoking materials.” In addition, staff would like to change the city code’s definition of “tobacco products” to encompass e-cigarettes. This would then enable the prohibition of e-cigarette sales to minors. E-cigarettes and the Clean Air Act E-cigarettes are electronic devices that deliver nicotine to the user in the form of a vapor. There is currently no restriction on the use or sale of e-cigarettes in the City Code of 2012, as amended. The Evanston Clean Air Act defines smoking materials as “any cigar, cigarette, pipe, weed, plant or other organic substance grown, manufactured or processed which is intended to be used for smoking in any form.” The City Code on cigarettes and tobacco products defines tobacco products as “Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.” Currently, the City Code does not prohibit the use of E-cigarettes in areas that are smoke-free and technically can be sold to people under age 18 because it is not a tobacco based product. Memorandum 626 of 651 Tobacco Retailer Noncompliance Fine The City of Evanston Police Department conducts compliance checks for tobacco sales to minors on retailers three times a year. The penalty for a person caught selling tobacco products to a minor is a fine of $200-$500; the business itself receives no penalty for selling to minors. The city currently has 40 retailers that are licensed to sell tobacco products. From November 2009 through May 2013, tobacco retailers in Evanston had a 93.2% compliance rate; the state averages about a 90% compliance rate. Legislative History: On September 16, 2013 the Human Services Committee met and voted to approve an amendment to Ordinance 80-O-13, Amending Title 3, Chapter 14 “Cigarettes and Tobacco Products” to add Restrictions for Use of Electronic Cigarettes and Liquid Nicotine. Attachments: Copy of Ordinance 80-O-13 Page 2 of 2 627 of 651 7/17/2013 80-O-13 AN ORDINANCE Amending Title 3, Chapter 14 “Cigarettes and Tobacco Products” and Title 8, Chapter 18 “Clean Air Act” to add Restrictions for Use of Electronic Cigarettes and Liquid Nicotine Products WHEREAS, electronic cigarettes are devices that convert liquid nicotine into a gas that is inhaled by the consumer; and WHEREAS, the National Institute for Occupational Safety and Health and the Center for Disease Control and Prevention have prepared emergency response information addressing the dangers associated with liquid nicotine. Nicotine affects the nervous system and heart and is addictive. Exposure to relatively small amounts of liquid nicotine can rapidly be fatal; and WHEREAS, the City Council finds that for the health and welfare of its citizens that it is in the City’s best interests to regulate e-cigarette usage, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Title 3 “Business Regulations”, Chapter 14 is hereby re-titled and further amended to read as follows: CHAPTER 14 CIGARETTES, AND TOBACCO AND LIQUID NICOTINE PRODUCTS 3-14-1. DEFINITIONS. 628 of 651 BIDI CIGARETTE. A product that: a) contains tobacco that is wrapped in temburni or tendu leaf or that is wrapped in any other material identified by rules of the Department of Health that is similar in appearance or characteristics to the temburni or tendu leaf, and b) does not contain a smoke filtering device. ELECTRONIC CIGARETTE OR E- CIGARETTE Means an electronic device usually composed of a mouthpiece, a heating element or atomizer, a battery, and electronic circuits that provides a gas derived from liquid nicotine and/or other substances which is inhaled by a user simulating smoking. The term includes such devices, regardless of the details of the product appearance or marketed name, generally manufactured to resemble cigarette, cigars, pipes, or other smoking devices. LIQUID NICOTINE Means any liquid product composed either in whole or part of nicotine, propylene glycol and/or other similar substances and manufactured for use with an e-cigarette to be converted into gas for inhaling. PERSON Means any natural person, individual, corporation, limited liability company, unincorporated association, proprietorship, firm, partnership, joint venture, joint stock association, or other entity or business of any kind. TOBACCO PRODUCTS. Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco. VENDING MACHINE. Any mechanical, electric or electronic, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products or liquid nicotine products. 3-14-2. LICENSE REQUIRED. It shall be unlawful for any person to sell or offer for sale, at retail, to give away, deliver or to keep with the intention of selling at retail, giving away or delivering tobacco products or liquid nicotine products within the City without having first obtained a license therefor. Said license shall be required regardless of the method of sale or dispensing 629 of 651 and shall include sales and dispensing by self-help, manual service, mechanical service or coin-operated device. (See Chapter 8 of this Title.) Said license shall be non- assignable and nontransferable by the licensee, but may be transferred from one machine to a replacement device without notification to the City Collector. In the event the licensee chooses to offer such materials for sale by means of a vending machine device exclusively, the provisions of this Section shall not be interpreted to require an additional license and fee for the premises whereon such device is located. 3-14-3. LICENSE APPLICATION. Application for a license hereunder shall be filed in writing with the City Collector on a form to be provided by the City. 3-14-4. LICENSE FEE. The license fee to sell tobacco products or liquid nicotine products within the City shall be five hundred dollars ($500.00) per annum. The license fee for each additional machine at the same premises operated by the same licensee shall be fifty dollars ($50.00). The license shall authorize the licensee named therein to sell tobacco products or liquid nicotine products only at the place designated therein. Said license shall be posted in a conspicuous place in the premises designated therein. 3-14-5. LOCATION RESTRICTIONS. (A) Prohibited. It shall be unlawful for any person to sell, offer for sale, give away, or deliver tobacco products or liquid nicotine products within one hundred fifty (150) feet as measured from lot line to lot line of any high school, middle school or elementary school except for the Park School and Rice Children's Center of the Evanston/Skokie School District 65 Special Schools and Centers. (B) Penalty. Any person violating this Section shall be fined not less than five hundred dollars ($500.00) for each offense, one thousand dollars ($1,000.00) for the second offense and license revocation for the third offense. In addition to any other penalty, a licensee, or any agent of a licensee, convicted of violating any provision of this Section may subject licensee to having his/her license revoked, suspended or not renewed by the Health Director. For purposes of this Section, a clerk or salesperson is considered an agent of the licensee. 3-14-6. PROHIBITIONS REGARDING MINORS. It shall be unlawful: (A) Sales To. For any person, including any licensee, to sell, offer for sale, give away or deliver tobacco products or liquid nicotine products to any person under the age of eighteen (18) years. 630 of 651 Signs informing the public of the age restrictions provided for herein shall be posted by every licensee at or near every display of tobacco products or liquid nicotine products and on or upon every vending machine which offers tobacco products for sale. Each such sign shall be plainly visible and shall state: THE SALE OF TOBACCO PRODUCTS OR LIQUID NICOTINE PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW The text of such signs shall be in red letters on a white background; said letters to be at least one inch (1") high. (B) Sale By: For any licensee or any officer, associate, member, representative, agent or employee of such licensee, to engage, employ or permit any person under eighteen (18) years of age to sell tobacco products in any licensed premises. (C) Purchase. For any person under the age of eighteen (18) years to purchase tobacco products or liquid nicotine products or to misrepresent his/her identity or age or to use any false or altered identification for the purpose of purchasing tobacco products or liquid nicotine products. (D) Possession. For any person under the age of eighteen (18) years to possess any tobacco products or liquid nicotine products; provided, that the possession by a person under the age of eighteen (18) years under the direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home shall not be prohibited. (E) Penalties Generally. Any person violating Subsection (A) or (B) of this Section shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition to any other penalty, a licensee convicted of violating any provision of this Section may be subject to having his/her license revoked, suspended or not renewed by the Health Director. 3-14-7. CERTAIN FREE DISTRIBUTIONS PROHIBITED. It shall be unlawful for any licensee or any person in the business of selling or otherwise distributing, promoting, or advertising tobacco products or liquid nicotine products, or any employee or agent of any such licensee or person, in the course of such licensee's or person's business, to distribute, give away or deliver tobacco products or liquid nicotine products free of charge to any person on any right of way, park, playground or other property owned by the City, any school district, any park district or any public library. 3-14-8. VENDING MACHINE SALES PROHIBITED. 631 of 651 It shall be unlawful for any person to sell or offer for sale, give away, deliver or to keep with the intention of selling, giving away or delivering tobacco products or liquid nicotine products by use of a vending machine. Such vending machines located in areas not open to the public are exempt from this provision. 3-14-9. SALE OF BIDI CIGARETTES PROHIBITED. No person shall sell, give away, barter, exchange, or otherwise furnish to any other person a bidi cigarette. 3-14-10. CONTROL OF PREMISES. No person or entity shall been Titled to receive any license for the sale of tobacco or tobacco products or liquid nicotine products without providing proof or documentation that the person or entity has legal control over the area wherein the sale of said tobacco, or tobacco products, or liquid nicotine products shall occur. Only persons or entities authorized to do business at that location shall be entTitled to secure a tobacco or liquid nicotine license at the same location. 3-14-11. SELF-SERVICE SALES PROHIBITED. It shall be unlawful to sell, offer for sale, give away, or display tobacco products or liquid nicotine for sale at any location where the consumer can acquire those products through self-service. All tobacco products or liquid nicotine products will be displayed from behind a sales/service counter so that no consumer can access tobacco products or liquid nicotine products without assistance by an employee of the licensee. 3-14-12. ADMINISTRATION AND ENFORCEMENT. (A) Administration. The Health Director is charged with the administration of this Chapter, including the inspection of all places where tobacco products or liquid nicotine products are licensed to be sold within the City. (B) Suspension Or Revocation Of License. The Health Director may suspend or revoke any license issued under the provisions of this Chapter if he/she determines that the licensee has violated any of the provisions hereof. (C) Fine in Lieu Of Suspension Or Revocation. In lieu of suspension or revocation of a license, the Health Director may, instead, levy a fine on the licensee. The fine imposed shall not exceed five hundred dollars ($500.00) for each violation. Each day on which a violation continues shall constitute a separate violation. (D) Hearing; Decision; Fees. 1. Notice Of Hearing. No such license shall be suspended or revoked and no licensee shall be fined except after a public hearing by the Health Director with a seven (7) day 632 of 651 written notice to the licensee affording the licensee an opportunity to appear and defend against the charges contained in such notice. The seven (7) day notice provisions shall begin the day following delivery by certified mail or by personal service. 2. Health Director's Decision. The Health Director shall within seven (7) days after such hearing, if he/she determines after such hearing that the license should be revoked or suspended, or that the licensee should be fined, state the reason for such determination in a written order and either the amount of the fine, the period of suspension or that the license has been revoked and serve a copy of such order within the seven (7) days upon the licensee. Fines shall be paid to the City within thirty (30) days of said decision. 3. Fees. Any licensee determined by the Health Director to have violated any of the provisions of this Chapter shall pay to the City the costs of the hearing before the Health Director on such violation. The Health Director shall determine the costs incurred by the City for said hearing, including, but not limited to, court reporter fees, the cost of transcripts or records, attorney fees, the costs of preparing and mailing notices and orders and all other miscellaneous expenses incurred by the City or such lesser sum as the Health Director may allow. The licensee shall pay said costs to the City within thirty (30) days of notification of the costs by the Health Director. Failure to pay said costs within thirty (30) days of notification is a violation of this Chapter and may be cause for license suspension or revocation or the levy of a fine. (E) Use Of Premises After License Revocation. When any license shall have been revoked for any cause, no license shall be granted to said licensee for the period of six (6) months thereafter for selling "tobacco products," and/or “liquid nicotine” as defined in this Chapter in the premises described in such revoked license. (F)Responsibility Of Licensee For Agents And Employees. Every act or omission of whatsoever nature constituting a violation of any of the provisions of this Chapter by any officer, director, a manager or other agent or employee of any licensee shall be deemed and held to be the act of such licensee, and such licensee shall be punishable in the same manner as if such act or omission had been done or omitted by the licensee personally. 3-14-13. SALE OF IMPROPERLY PACKAGED TOBACCO PRODUCTS OR LIQUID NICOTINE PRODUCTS PROHIBITED. It shall be unlawful for any retail establishment to sell, give away, barter, exchange, or otherwise furnish to any other person any tobacco product or liquid nicotine product, including, but not limited to, a single or loose cigarette or e-cigarette, that is not contained within a sealed package provided by the manufacturer that has affixed to it any tax stamps required by law and that complies with all requirements imposed by federal law regarding warnings and other information on packages of tobacco products 633 of 651 or liquid nicotine products manufactured, packaged, or imported for sale, distribution, or use in the United States. SECTION 3: Title 8, Chapter 18 “Clean Air Act”, Section 3 “Definitions” is hereby amended to alter the definition of “Smoke or Smoking” to read as follows: Smoke or Smoking: Inhaling, exhaling, or carrying any lighted and/or burning smoking materials. "Smoking" does not include the burning or carrying of incense in a religious ceremony or the use of matches or lighters for nonsmoking purposes. "Smoke" shall also mean the byproduct of the burning of any smoking materials and the release of gaseous vapors from e-cigarettes (as defined in Section 3-14-1). SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 7: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Ayes: ______________ Nays: ______________ 634 of 651 Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 635 of 651 For City Council meeting of October 28, 2013 Item H3 Ordinance 105-O-13: Township Dissolution For Action To: Honorable Mayor and Members of the City Council From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 105-O-13, Binding Referendum for Dissolution of Evanston Township Date: October 25, 2013 Recommended Action: Staff submits for consideration Ordinance 105-O-13, calling for a binding referendum question to be submitted to the electors of Evanston Township to vote on whether to dissolve Evanston Township. This ordinance was introduced at the September 23, 2013 City Council meeting and held for the October 28, 2013 City Council meeting. A response to questions raised by the League of Women Voters is attached. Funding Source: n/a Summary: Public Act 98-0127 provides that Evanston Township electors may vote to dissolve Evanston Township. The proposed ordinance provides for this proposition to be voted upon at the next election, which is March 18, 2014. The Public Act specifically provides that the City Council can authorize the submission of this proposition, as it creates new Article 27 of the Township Code permitting City Council action to certify and submit the ballot measure. The proposition would appear on the ballot in the following form: Shall the township organization be continued in Evanston Township? YES NO If the voters approved dissolution of the township, by operation of law the City of Evanston would take over all functions of the township, and the offices of the Assessor and Supervisor would cease to exist. If dissolution is approved by the voters, staff recommends that the City Council approve an ordinance setting forth the procedures concerning the transfer of services and the closing up of all unfinished township Memorandum 636 of 651 business. Staff stands ready to prepare such resolution, upon direction by the City Council, and after the official canvass of votes is completed by the Cook County Clerk in April 2014. Legislative History: This ordinance was approved and reported out of the Human Services Committee on September 16, 2013 on a 4-2 vote. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 105-O-13 Response to Letter from League of Women Voters of Evanston 637 of 651 8/28/13 9/17/13 105-O-13 AN ORDINANCE CALLING FOR A BINDING REFERENDUM QUESTION TO BE SUBMITTED TO THE ELECTORS OF EVANSTON TOWNSHIP TO DISCONTINUE AND ABOLISH TOWNSHIP ORGANIZATION IN EVANSTON TOWNSHIP WHEREAS, the City of Evanston and Evanston Township are coterminous, and the Township is a blended unit of local government within the City, with the City Council sitting as the Town Board and exercising all powers vested in it by law, 60 ILCS 1/15-50, 60 ILCS 1/80-5; and WHEREAS, Section 5 of Article VII of the Illinois Constitution provides: Townships may be consolidated or merged, and one or more townships may be dissolved or divided, when approved by referendum in each township affected. ; and WHEREAS, Section 11(a) of Article VII of the Illinois Constitution provides: Proposals for actions which are authorized by this Article or by law and which require approval by referendum may be initiated and submitted to the electors by resolution of the governing board of a unit of local government or by petition of electors in the manner provided by law. ; and WHEREAS, Section 11(b) of Article VII of the Illinois Constitution provides: Referenda required by this Article shall be held at general elections, except as otherwise provided by law. Questions submitted to referendum 638 of 651 105-O-13 - 2 - shall be adopted if approved by a majority of those voting on the question… ; and WHEREAS, pursuant to Public Act 98-0127, the City Council of Evanston, is empowered and authorized to adopt an ordinance authorizing that a proposition regarding Evanston Township be placed on the ballot for the March 18, 2014 General Primary election to be held in the township; and WHEREAS, in the case of coterminous Evanston Township, the City Council has the constitutional and statutory authority to adopt this ordinance, and for the public policy question regarding township dissolution to appear on the ballot; and WHEREAS, the language of new sections 27-5, 27-10 and 27-15 of the Township Code of Illinois, as amended by Public Act 98-0127, are incorporated via reference as if fully set forth herein; and WHEREAS, under the separation-of-powers doctrine, courts must respect units of local government, such that the City Council’s mandate in adopting this ordinance calling for this referendum is entitled to high deference. See Board of Education of Dolton School District 149 v. Miller, 349 Ill.App.3d 806 (1st Dist. 2004); Moore v. Grafton Township, 2011 WL 3524417 (2nd Dist. 2011); and WHEREAS, following an advisory referendum voted upon by the voters of Evanston Township in 2012, the Town Board convened numerous meetings in 2013, all properly noticed under the Township Code and the Open Meetings Act, to consider the interrelated questions of township governance, budget, and dissolution; and WHEREAS, all persons desiring to be heard on these matters were heard, legislative findings made, a legislative Record created, and this matter was considered 639 of 651 105-O-13 - 3 - by the City Council of Evanston, exercising its powers granted to it under Public Act 98- 0127. NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Pursuant to Public Act 98-0127 and the Election Code, the proposition in substantially the following form shall be submitted to the electors of Evanston Township, for approval by a majority of the electors in the township voting on the question, at the March 18, 2014 General Primary Election, the referendum in such election to be conducted and notice thereof given in the manner provided by general election law: Shall the township organization be continued in Evanston Township? YES NO SECTION 2: That this Ordinance 105-O-13 shall be in full force and effect from and after its passage and approval in the manner provided by law. SECTION 3: The terms and provisions of this Ordinance shall be liberally construed so as to effectuate the purposes set forth in the recitals to this Ordinance. Each and every recital and legislative finding regarding this Ordinance is to be construed and interpreted severally. SECTION 4: That the foregoing findings and recitals contained herein, as well as the meeting minutes and legislative Record regarding the issue of township discontinuation, are found as fact and incorporated herein by reference. The findings, recitals, and legislative Record are declared to be prima facie evidence of the law of Evanston Township and the City of Evanston, and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 640 of 651 105-O-13 - 4 - SECTION 5: That if any provision of this Ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance is severable. SECTION 6: That the City Clerk shall, and is hereby directed to, certify this Ordinance and the proposition as set forth herein to the Cook County Clerk no later than seven (7) days after passage and approval of this Ordinance. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: _________________________, 2013 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 641 of 651 For City Council meeting of October 28, 2013 Response to Letter from League of Women Voters of Evanston To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Evonda Thomas-Smith, Director, Health Subject: Response to League of Women Voters Letter of October 1, 2013 – Dissolution of Evanston Township Date: October 22, 2013 The following is response to questions raised in League’s October 1 letter on subject: 1) What are the Township programs and services and how they are currently delivered? The Township currently provides general assistance, emergency assistance and property assessment support services. The Township currently delivers these services using Township employees. Attached are portions of the 2013 Novak Consulting Group Report that detailed Evanston Township services. (Attachment 1) 2) How the transition will be made and how the city intends to continue the work done by the Township. We encourage the City to prepare a concrete and detailed plan describing how the Township work will be done by the City. This plan should be prepared and publicized well ahead of the early voting period starting on March 3 and should address the following issues: • Program operations. Will the current Township activities related to General Assistance, Emergency Assistance and Assessment be continued, reduced or enhanced? Current Township activities related to General Assistance, Emergency Assistance and Assessment will be continued. It is my plan that General Assistance and Emergency Assistance will continue at the same level as provided by Township. With the resignation of Township Supervisor, I am still assessing current versus budgeted staffing levels for General Assistance and Emergency Assistance. As these functions are now under my responsibility, I will work now with Township staff to identify ways to partner their existing work with work done in our Health, Community Development, and Parks, Recreation and Community Services Departments to provide more comprehensive assistance to Township residents in need. The City would work to Memorandum 642 of 651 Page 2 of 3 enhance the General Assistance and Emergency Assistance services without expending additional resources. Property assessment work would continue. One staff member would be assigned to continue the property tax assessment advocacy work currently provided by the Township Assessor. This staff member would either continue from Township or be a new hire. This work would not be absorbed by existing City staff. I anticipate that this work would continue at approximately the same level as current. City staff has worked with Township staff over the last several months during the move to the Civic Center to identify savings in overhead and administrative support costs. This work will continue over the next several months. If the Township is dissolved, I anticipate that there would be additional savings identified through further sharing of overhead and administrative costs. These savings would include goods and services as well as further reduction in staffing associated with administrative support. Where will current Township activities be carried out within the City government? What City Departments will be accountable for current Township programs? Will any current Township activities be contracted out to Evanston agencies? If so, which? I am proposing that General Assistance and Emergency Assistance activities become part of the Health Department. I believe there is an opportunity to once again create a Human Services Division within the Health Department. I am asking Health Director Evonda Thomas-Smith to work with me as well as Community Development Director Mark Muenzer and Deputy City Manager/Interim Parks, Recreation and Community Services Director Joe McRae to hold a series of community meetings in November and December to review the re-creation of a Human Services Division and potential existing City services which may join General Assistance and Emergency Assistance in that Division and report back to the City Council in January, 2014. The Property Assessment assistance function would become part of the Administrative Services Department Finance Division. No Township activities would be contracted out at this time. • Funding. Where will funds for continuing support of current Township programs come from? Will the Township tax levy be transferred and become part of the City tax levy? Or will there be a separate levy specifically for General Assistance and Assessor programs? What savings are anticipated from dissolving the Township? Will the City resume responsibility for funding the Evanston social services and mental health services that have been funded through the Township in recent years? Currently the Township is funded under two separate line item levies on the Property Tax: Town Fund and General Assistance. I am proposing that this be reduced to one levy: General Assistance. This levy would include costs of operating the General Assistance and Emergency Assistance programs. In addition, I am proposing that the full cost of the Mental Health Board grants be included in this levy rather than be split 643 of 651 Page 3 of 3 between the General Assistance Levy and General Fund Levy. The costs of the Assessor program would be shifted to the General Fund. All other miscellaneous grants that have been made by the Township to the City (support for Summer Youth Employment Program, Community Picnic) would be funded in the City’s General Fund. Savings anticipated with these changes include the elimination of office rental costs (which began in September, 2013) and reduced administrative costs. These cost savings will total approximately $225,000 a year based on the most recent audited financial statements. A more precise savings amount will be known when I report back to the City Council in January, 2014. • Personnel. What will happen to current Township employees and elected official(s)? What City staff will assume Township responsibilities? Will new staff be hired by the City to carry out current township programs? Every effort will be made to continue employment of Township staff after a dissolution either providing former Township services or at other duties in the City of Evanston. Once Township staffing is settled in the next few weeks with the resignation of the Township Supervisor, no new staff would be hired to carry out current Township programs after dissolution. The elected positions of Township Supervisor and (after January 1, 2014) Township Assessor will likely be filled by Acting positions until election. These positions would be eliminated as part of Township dissolution. • Timing. How long will the transition take, including any changes in operations, funding levels, or personnel? Work will continue to transition overhead and administrative support services from the Township to the City prior to a dissolution election. If dissolution is approved, a final transition to City provision of services would occur over 60-90 days. Any savings accrued in FY 2014 would be reflected in FY 2015 levy. In addition, the City Council would also have to decide disposition of fund balances in Township funds. It would be my recommendation to retain a reserve balance similar to the City’s General Fund and spend down remaining balances in lieu of levy increases. • Evaluation. How will the transition of Township operations be assessed? Will there be a plan for reporting to Evanston residents on the specific impact and effectiveness of the change? Regular reporting of General Assistance and Emergency Assistance data will begin immediately and continue after any dissolution. Comparison of levy for General Assistance over years will be a measure on cost savings. We will also add performance measures for General Assistance, Emergency Assistance and Assessor to City’s comprehensive performance measures. Attachment 1 – Portions from Novak Consulting Services Report. Attachment 2 – Letter from League of Women Voters 644 of 651 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.  645 of 651 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.  646 of 651 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.   647 of 651 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.  648 of 651 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        649 of 651 650 of 651 651 of 651