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Home My WebLink About02.25.13 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, February 25, 2013 Administration & Public Works (A&PW) Committee meets at 5:45 p.m. Planning & Development (P&D) Committee meets at 7:15 pm City Council meeting convenes immediately after the conclusion of the P&D Committee meeting 7:00 p.m. Presentation of the Honorable Lorraine H. Morton Portrait ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Holmes (II) Mayor Public Announcements (III) City Manager Public Announcements Women Out Walking (WOW) Registration Evanston 150 Items Available for Sale (IV) Communications: City Clerk (V) Citizen Comment Members of the public are welcome to speak at City Council meetings. As part of the Council agenda, a period for citizen comments shall be offered at the commencement of each regular Council meeting. Those wishing to speak should sign their name, address and the agenda item or topic to be addressed on a designated participation sheet. If there are five or fewer speakers, fifteen minutes shall be provided for Citizen Comment. If there are more than five speakers, a period of forty-five minutes shall be provided for all comment, and no individual shall speak longer than three minutes. The Mayor will allocate time among the speakers to ensure that Citizen Comment does not exceed forty-five minutes. The business of the City Council shall commence forty-five minutes after the beginning of Citizen Comment. Aldermen do not respond during Citizen Comment. Citizen Comment is intended to foster dialogue in a respectful and civil manner. Citizen comments are requested to be made with these guidelines in mind. (VI) Special Orders of Business (VII) Consent Agenda: Alderman Rainey 1 of 357 City Council Agenda February 25, 2013 Page 2 of 7 2/20/2013 5:09 PM (VIII) Report of the Standing Committees Administration & Public Works - Alderman Grover Planning & Development - Alderman Fiske Human Services - Alderman Braithwaite (IX) Call of the Wards (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (X) Executive Session (XI) Adjournment SPECIAL ORDER OF BUSINESS (SP1) Approval of Mental Health Services Case Management Agreement with Presence Behavioral Health The Mental Health Board and staff recommend that the City Council authorize the City Manager to negotiate and sign an agreement with Presence Behavioral Health in the amount of $55,000 to provide 24-hour crisis intervention, case management, outreach, and home visitation for FY2013. The proposal from Presence Behavioral Health fills this gap in services. For Action (SP2) Approval of 2013 Economic Development Work Plan The Economic Development Committee and staff recommend City Council adoption of the 2013 Economic Development Work Plan. For Action CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of February 11, 2013 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through 2/10/13 $2,660,167.75 (A2) City of Evanston Bills FY2013 2/26/13 $2,303,695.03 (A3.1) Approval of 2013 Contract with G & M Trucking, Inc. for Granular Materials (Bid 13-05) Staff recommends that City Council authorize the City Manager to execute a one- year contract for the purchase of granular materials with G & M Trucking, Inc. (8811 Kathy Lane, Des Plaines, IL) in the amount of $34,747.50. Funding is provided from the Water Fund (7115.65055) and the Sewer Fund (7400.65055). For Action 2 of 357 City Council Agenda February 25, 2013 Page 3 of 7 2/20/2013 5:09 PM (A3.2) Approval of Contract Renewal with Garda Armored Car Services Staff recommends Council approval of the second optional year of the original two (2) year contract with three (3) optional years with Garda Armored Car Services (2100 W. 21st Street, Broadview, IL) for a not to exceed amount of $75,000 effective December 1, 2012 through November 30, 2013. Funding is provided by the Parking Fund (7005.62431) and General Fund Revenue Division (1910.62431). For Action (A3.3) Approval of Contract Award to ATR Transmissions (Bid 12-183) Staff recommends City Council approval of a one-year bid award with three, one- year option renewals for transmission repairs from ATR Transmissions (401 Terrace Drive, Mundelein, IL) in the amount of $28,615 annually. Funding is provided by the Major Maintenance account (7710.65060) with a 2013 budget of $30,000 allocated to transmission repairs for sedans, vans and medium-sized trucks. For Action (A3.4) Approval of Contract Extension with Ozinga Ready Mix Concrete, Inc. Staff recommends City Council approval of a one year contract extension for the purchase of 350 cubic yards of concrete at a cost of $97 per cubic yard, 200 cubic yards of high early strength concrete at a cost of $118 per cubic yard, and 50 cubic yards of flowable fill at a cost of $86 per cubic yard to Ozinga Ready Mix Concrete, Inc. (2222 South Lumber Street, Chicago, IL) for a total of $64,0 00. Funding is provided by the General Fund for Street and Alley Maintenance (2670.65055), the Water Fund (7115.65051), and the Sewer Fund (7400.65051). For Action (A3.5) Approval of Funding for Evanston 4th of July Association Staff recommends allocating $10,000 to the Evanston 4th of July Association for the celebration in 2013. This one-time contribution is in honor of the sesquicentennial birthday of the City of Evanston and will be used towards a variety of musical acts. Funding is provided by Evanston 150 Grants (1575.62490). For Action (A3.6) Approval of Renewal of Annual Oracle (EnterpriseOne) Maintenance and Support Agreement Staff recommends approval to renew the annual sole source maintenance and support agreement for the term March 1, 2013 through February 28, 2014 with Oracle Corporation (20 Davis Drive, Belmont, CA) for the City's EnterpriseOne software in the amount of $136,717.32, a decrease of $12,657.40 (8.4%) off the original 2013 renewal price. Funding is provided by the Computer Licensing and Support Account 1932.62340. For Action 3 of 357 City Council Agenda February 25, 2013 Page 4 of 7 2/20/2013 5:09 PM (A4) Approval of Change Order No. 3 for Evanston Water Utility SCADA Phase III Engineering Services (RFP 08-74) Staff recommends that the City Council authorize the City Manager to execute Change Order No. 3 in the amount of $6,250 and grant a time extension of 60 calendar days, to the agreement with CDM Smith, Inc. (125 South Wacker Drive, Chicago, IL) for the Evanston Water Utility Supervisory Control and Data Acquisition (SCADA) System Phase III Engineering Services. Funding is provided by the Water Fund (Account 733078). For Action (A5) Resolution 12-R-13 Authorizing an Intergovernmental Agreement with the Chicago Metropolitan Agency for Planning for the City’s Bike Plan Update Staff recommends approval of the Resolution 12-R-13 authorizing the City Manager to enter into an Intergovernmental Agreement with the Chicago Metropolitan Agency for Planning (CMAP) to seek staff and consulting services to update the City’s Bike Plan. Funding up to $100,000 is provided by CMAP. For Action (A6) Resolution 13-R-13 Authorizing Motor Fuel Tax Funds Usage for Roadway Construction and Related Engineering Services The Evanston Department of Public Works recommends City Council approval of Resolution 13-R-13 authorizing the use of Motor Fuel Tax Funds (MFT) in the amount of $1,400,000 for the street resurfacing and $132,727 for design and construction engineering services. Funding is provided by the Motor Fuel Tax Fund (Fund # 200). For Action (A7) Ordinance 9-O-13 Authorizing Lease of City-Owned Property at 623-627½ Howard Street to Peckish One, LLC Staff recommends approval of Ordinance 9-O-13, authorizing the City Manager to negotiate and execute a commercial lease with an option to purchase for City- owned real property located at 623-627½ Howard Street. For Introduction (A8) Ordinance 23-O-13 Amending the City Code Relating to Parking on Harrison Street The Transportation/Parking Committee and staff recommend that the City Council adopt Ordinance 23-O-13 amending Title 10, Motor Vehicles and Traffic, restricting parking on the south side of Harrison from Green Bay Road west to the first north-south alley. For Introduction 4 of 357 City Council Agenda February 25, 2013 Page 5 of 7 2/21/2013 10:20 AM (A9) Ordinance 24-O-13 Amending the City Code Relating to Parking on Harrison Street, Eastwood Avenue and Davis Street The Transportation/Parking Committee and staff recommend that the City Council adopt Ordinance 24-O-13 amending Title 10, Motor Vehicles and Traffic, adding Residents Parking Only District 6 on Harrison Street and Eastwood Avenue and removing Residents Only Parking District 5 on Davis Street. For Introduction (A10) Ordinance 25-O-13 Amending the Class Y Liquor License Staff recommends City Council adoption of Ordinance 25-O-13, which if adopted will amend the Class Y liquor license to permit the sale of alcoholic liquor, i.e., spirits, wine, and unrefrigerated beer for off premises consumption. For Introduction (A11) Ordinance 6-O-13 Amending Title 10, Motor Vehicles and Traffic, Section 10-12-2: Violation of the Illinois Vehicle Code Staff recommends that the City Council adopt Ordinance 6-O-13 amending Title 10, Motor Vehicles and Traffic, Section 10-12-2 providing for the ability to issue City Code violations in accordance with the Illinois Vehicle Code. This ordinance was introduced at the February 11, 2013 City Council meeting. For Action PLANNING AND DEVELOPMENT (P1) Approval of Sidewalk Café for Pret A Manger, 1701 Sherman Ave. Staff recommends consideration of a first-time application for a sidewalk café (SWC) permit for Pret A Manger, a Type 2 Restaurant located at 1701 Sherman Ave. For Action (P2) Approval of Community Partners for Affordable Housing HOME Application The Housing and Homelessness Commission and staff recommend the approval of a $277,685 forgivable HOME loan for the acquisition and rehabilitation of a foreclosed 2-unit building for affordable rental housing to Community Partners for Affordable Housing (CPAH). Funding is provided by the HOME fund, which currently has a balance of approximately $1.1 million. For Action (P3) Approval of Housing Options for the Mentally Ill HOME Application The Housing and Homelessness Commission and staff recommend the approval of a $458,777 forgivable HOME loan for the rehabilitation of 10 rental units to Housing Options for the Mentally Ill. Funding is provided by the HOME fund, which currently has a balance of approximately $1.1 million. For Action 5 of 357 City Council Agenda February 25, 2013 Page 6 of 7 2/20/2013 5:09 PM (P4) Ordinance 22-O-13 Granting Major Zoning Relief to Eliminate Required Off- Street Parking at 1615 Oak Avenue City staff recommends the adoption of Ordinance 22-O-13 granting major zoning relief to convert seven required off-street parking spaces into an outdoor seating area and bicycle parking at Smylie Brothers Restaurant & Brewery for a total of zero off-street parking spaces. For Introduction (P5) Ordinance 2-O-13 Amending the Text of the Zoning Ordinance by Enacting a New Section 6-15-17, “oHR Howard-Ridge Overlay District” City staff recommends consideration of Ordinance 2-O-13 that amends the Zoning Ordinance text to create a new overlay zoning district, which will require certain types of new retail uses such as hair salons, nail salons, beauty shops, and barber shops, to operate only by Special Use in the Howard-Ridge TIF District. The Plan Commission does not recommend approval. For Introduction (P6) Ordinance 3-O-13 Amending the Zoning Map to Place Certain Properties Within the oHR Howard-Ridge Overlay District City staff recommends consideration of Ordinance 3-O-13 that amends the Zoning Map by placing properties in the Howard Ridge TIF District into the new overlay zoning district which will require certain types of new retail uses such as hair salons, nail salons, beauty shops, and barber shops, to operate only by Special Use in the Howard-Ridge TIF District. The Plan Commission does not recommend approval. For Introduction HUMAN SERVICES (H1) Resolution 5-R-13 Regarding Payment Plan for Water Bills Owed to the City by Evanston Wilmette Golf Course Association Staff recommends approval of Resolution 5-R-13 regarding the payment of accrued water bills owed to the City by the Evanston Wilmette Golf Course Association for the Frank Govern Memorial Golf Course. For Action APPOINTMENTS (APP1)Appointments to: Human Relation Commission Anne Stein Plan Commission Melanie Johnson 6 of 357 City Council Agenda February 25, 2013 Page 7 of 7 2/20/2013 5:09 PM MEETINGS SCHEDULED THROUGH MARCH 18, 2013 Upcoming Aldermanic Committee Meetings Wed, Feb 27 6:00 PM Transportation/Parking Wed, Feb 27 7:30 PM Economic Development Thurs, Feb 28 5:30 PM City-School Liaison Committee at ETHS Sat, Mar 2 9:00 AM Planning & Development Workshop Mon, Mar 4 6:00 PM Rules Mon, Mar 4 7:30 PM Human Services Tues, Mar 5 7:30 PM Housing & Community Dev Act Mon, Mar 11 5:45 PM A&PW, P&D, City Council Mon, Mar 18 7:00 PM City Council Order and agenda items are subject to change. Information is available about Evanston City Council meetings at: www.cityofevanston.org/citycouncil. Questions can be directed to the City Manager’s Office at 847-866-2936. The City is committed to ensuring accessibility for all citizens. If an accommodation is needed to participate in this meeting, please contact the City Manager’s Office 48 hours in advance so that arrangements can be made for the accommodation if possible. 7 of 357 For City Council meeting of February 25, 2013 Item SP1 Special Order of Business: Mental Health Services For Action To: Honorable Mayor and Members of the City Council From: Evonda Thomas, Health Director Subject: Gaps in Services: Efficient and Effective Community Crisis Management Date: February 13, 2013 Recommended Action: The Mental Health Board and staff recommend that the City Council authorize the City Manager to negotiate and sign an agreement with Presence Behavioral Health in the amount of $55,000 to provide 24-hour crisis intervention, case management, outreach, and home visitation for FY2013. The proposal from Presence Behavioral Health, which fills this gap in services, is attached. A presentation regarding efficient and effective crises case management will be presented at the City Council meeting on February 25, 2013. Legislative An Evanston Referendum calls for creation of the Evanston Mental Health Board, and the Board is approved by City Ordinance. In November 1968, Evanston voters approved submission of a referendum to create an Evanston Mental Health Board, empowered to levy taxes and expand mental health services. The referendum passed on April 1, 1969. Evanston was the first Illinois municipality to pass such a referendum. Funding Source: Funds are currently budgeted in the City Manager’s Contingency Fund and will be transferred to Health Department in the next quarterly financial adjustment. Summary: City staff members from various departments met to discuss delivery of social services in the City of Evanston such as how staff processes specific services requested by residents and the procedures staff take to provide these services. The results revealed that as City staff seek ways to consolidate and avoid duplication of services there are several gaps between what residents request or require and what staff is able to provide. Attachments: Evanston Mental Health Board Memo Presence (formerly Resurrection) Behavioral Health Proposal Letters of Support for Presence Health Memorandum 8 of 357 9 of 357 10 of 357 11 of 357 12 of 357 13 of 357 14 of 357 15 of 357 16 of 357 17 of 357 18 of 357 19 of 357 20 of 357 21 of 357 22 of 357 23 of 357 For City Council meeting of February 25, 2013 Item SP2 Business of the City by Motion: 2013 Economic Development Work Plan For Action To: Honorable Mayor and Members of the City Council From: Steve Griffin, Community and Economic Development Director Paul Zalmezak, Economic Development Coordinator Johanna Nyden, Economic Development Coordinator Subject: Adoption of 2013 Economic Development Work Plan Date: February 25, 2013 Recommended Action: The Economic Development Committee and staff recommend City Council adoption of the 2013 Economic Development Work Plan. Background The proposed 2013 Work Plan is the result of an active 2012 which provided numerous learning opportunities for economic development staff, city management, and elected officials. Our private and non-profit sector partners along with engaged citizens provided feedback, offered critiques and voiced their concerns through a number of forums including City Council, economic development committee, CDBG committee, the Economic Development Summit and the subsequent meetings inspired by the summit including those hosted by Inventure, RISE, the Evanston Community Foundation, EvanstArts, and one-on-one interviews with individual businesses and entrepreneurs. As a result of the feedback provided by the local business community, residents, and the City Council and recognition of shifting lifestyle preferences and demographic changes, staff proposes updates to the adopted 2012 Economic Development Plan. In addition to maintaining a focus on Arts & Entertainment, Entrepreneurship Development & Growth Oriented Startups, and Water Industries, staff proposes adding three additional areas of focus: 1) retail attraction and retention; 2) workforce development partnerships; and 3) Quality of Place. Legislative History: The Economic Development Committee voted unanimously on January 23, 2013 meeting to recommend adoption of the draft 2013 Economic Development Work Plan. Attachments: - Draft 2013 Economic Development Work Plan Memorandum 24 of 357 City of Evanston Economic Development Work Plan 2013 P a g e | 1 City of Evanston Economic Development 2013 Work Plan Introduction This targeted, implementable, and measureable 2013 Work Plan is the result of an active 2012 featuring learning opportunities for economic development staff, city management, and elected officials. Our private and non-profit sector partners along with engaged citizens provided feedback, offered critiques and voiced their concerns through a number of forums including City Council, economic development committee, CDBG committee, the Economic Development Summit and the subsequent meetings inspired by the summit including those hosted by Inventure, RISE, the Evanston Community Foundation, EvanstArts, and one-on-one interviews with individual businesses and entrepreneurs. As a result of the feedback provided by the local business community, residents, and the City Council and recognition of shifting lifestyle preferences and demographic changes updates to the adopted 2012 Economic Development Plan are proposed: Maintain focus on the sectors of Arts & Entertainment, Entrepreneurship Development & Growth Oriented Startups, and Water Industries) Add three additional areas of focus: retail attraction and retention; workforce development partnerships; and “Quality of Place” While the 2012 plan recognized that the community must support baby boomers and our aging population, this update recommends addressing residents, workers, and visitors of all ages. In an article in January 2013 edition of Governing magazine, a representative from the American Association of Retired Persons (AARP) acknowledges that “most of the features that attract older people to a community are the same ones that draw younger residents.” Age -friendly communities feature “public transportation, different options for housing, lifelong learning opportunities, a robust arts and cultural scene, walkability and urban spaces.” Based on census population data, this trend appears to be playing out in Evanston – over 50 percent of Evanston’s population is part of the Generation X or Y cohort. The addition of retail retention and attraction as a focus area helps support the ongoing health and vitality of Evanston’s business district. The retail market is in constant flux and the increasing competition posed by online retailing and the resulting downsizing of the national retail footprint poses unique challenges for Evanston. Staff has already started the tasks of data collection, developing relationships with retail brokers, and initiating proactive outreach to national and regional retailers to gauge their interest in Evanston. Staff is also exploring unique “incubation” models to encourage home based businesses to open in storefronts City staff will work closely with workforce development focused non-profits to identify opportunities to support programs aimed at comprehensive training to help empower individuals of all ages overcome barriers to full participation in the workforce. Staff will identify effective ways of linking Evanston’s socio-economically diverse population to the network of workforce development resources. 25 of 357 City of Evanston Economic Development Work Plan 2013 P a g e | 2 Contrasted with traditional “quality of life” indicators such as climate, park acreage per resident, or school test scores, “Quality of Place” represents the elements defining a city’s attractiveness to residents and businesses. As defined by Richard Florida, Quality of Place is: “1. The combination of the built environment and the natural environment; a stimulating, appealing setting for the pursuit of creative lives; 2. Diverse people of all ethnicities, nationalities, religions, and sexual orientations, interacting and providing clear cues that this is a community where anyone can fit in and make a life. 3. The vibrancy of the street life, café culture, arts, and music; the visible presence of people engaging in outdoor activities—altogether a lot of active, exciting, creative goings-ons” - Richard Florida, Urban Land Magazine 10/11/2012 Economic Development staff will explore opportunities to grow Evanston’s economy by pursuing new and retaining existing businesses that continue to enhance Evanston’s quality of place characteristics. The addition of “Quality of Place” to the 2013 update recognizes that there are a number of qualities within Evanston that make it a distinctive, attractive and compelling place to live, to visit and to start a business that differentiate it from other Chicago suburbs and Chicago itself. These qualities need to be protected, promoted, and preserved. 26 of 357 City of Evanston Economic Development Work Plan 2013 P a g e | 3 Supporting Quality of Place Purpose: To achieve the City of Evanston’s goal of being the most livable city in the United States, the Economic Development Division, with public and private partners, will encourage initiatives that continue to promote and enhance Evanston’s Quality of Place by: 1. Promoting Evanston’s authentic place characteristics such as lakefront, arts, walkable neighborhoods, vibrant downtown, restaurants, entertainment, quality housing, architecture, and transit access. 2. Pursuing retailers that appeal to Evanston’s diverse and multi -generational residential population and Evanston workforce population . 3. Creating opportunities for unique / independent business growth in Evanston . 4. Encouraging growth of health and wellness businesses. 5. Supporting and promoting arts and entertainment venues. 6. Embracing Evanston’s socio-economic and racial diversity. 7. Using evanstonedge.com and social media platforms to show Evanston through visually appealing photographs and video. Work Plan Actions: 1. Survey businesses, employees and residents to identify preferred businesses. 2. Assist merchant groups with event planning and marketing of Evanston as only suburb with numerous unique and historic transit oriented neighborhood business districts 3. Support Downtown Evanston, Inc. with events planning. 4. Partner with merchant groups commercial district planning. 5. Lead effort to create a health and wellness business “chamber of commerce”. 6. Create comprehensive listing/clearinghouse on evanstonedge.com for recreation and health and wellness activities 7. Support innovative food concepts such as shared kitchen, incubators, small markets, and small craft food production such as coffee roasting, craft beer, and small food shops. 8. Pursue companies focused on youth experiential activities housed in retail spaces such as inflatable play houses, miniature golf, children museum concepts, games, and arts and crafts. 27 of 357 City of Evanston Economic Development Work Plan 2013 P a g e | 4 Entrepreneurship Development and Growth Oriented Startups Purpose In our effort to help create jobs in Evanston through retention of growth companies and attraction of new companies, Economic Development staff will strive to elevate the status of Evanston as a premier place to launch a business by: 1. Creating and maintaining relationships with Evanston’s business community 2. Helping identify investors for Evanston-based startups and growing companies 3. Identifying opportunities for new office development or retrofit of existing 4. Supporting events that connect startups and investors to one another 5. Using evanstonedge.com and social media platforms to promote Evanston 6. Helping develop a network of ambassadors to promote Evanston 7. Maintaining existing and exploring new partnership opportunities with Northwestern University Work Plan Actions: 1. Partner with Evanston Inventure to expand economic development outreach through ambassador program. 2. Assist with the creation of an Evanston Women's Entrepreneurship Group 3. Create business attraction campaign for “serious” entrepreneurs 4. Host regular series of Evanston company founders (CEO’s) events with topical focus such as staff recruiting needs, infrastructure needs, case studies, etc. 5. Participate in entrepreneurship events such as NU’s Global Entrepreneurship Week, Chicago Idea Week, Built in Chicago, and Technori. 6. Identify and develop relationships with Evanston's high growth potential companies including healthcare, technology, and water industries through business interviews and networking events. 7. Work with growth focused Northwestern University faculty and staff in Kellogg and McCormick schools. 8. Recruit development partners to create or retrofit office space 9. Support quality of place initiatives appealing to Evanston’s growth oriented entrepreneurs Example Performance Measures Activity Measure Attract New Startups Jobs Created Funds Invested in Startups Square Footage Occupied Retain Growth Companies Jobs Added Jobs Retained Square Footage Expansion Ambassador Program # of Visits # of Firms Converted Total dollars invested Entrepreneurship Programming # of Events # of companies attracted to Evanston 28 of 357 City of Evanston Economic Development Work Plan 2013 P a g e | 1 Arts & Entertainment Purpose: Arts and culture contributes to Evanston’s quality of place for residents and businesses alike. Arts and Entertainment businesses draw visitors, provide creative sector jobs and generate amusement and liquor tax revenue for the City. As a result, Economic Development staff will: 1. Support existing arts and theater organizations while exploring opportunities for new organizations that complement the existing offering. 2. Explore opportunities for additional live performance and other entertainment venues 3. Support the formal development of an Arts/Culture and Entertainment Ambassadorship Work Plan Actions: 1. Staff and Arts & Entertainment partners will work to identify performance space, supportive arts programming, investors/benefactors, and marketing 2. Conduct a detailed study of opportunities for live performing arts venues through a National Endowment for the Arts (NEA) grant 3. Implement plan for live performing arts venues per NEA study 4. Identify funding to ease the development of new galleries and artist housing 5. Conduct business visits with Arts & Entertainment businesses to share ED vision, offer assistance, and to promote via social media and evanstonedge.com Example Performance Measures Activity Measure Performing Arts Documented increased revenues Documented increased attendance by new patrons Documented increase in total subscriptions Visual Arts Performance Measures Documented increase in total available space devoted to artist gallery, teaching visual arts, studio space All Arts Total number of media impressions / articles that recognize activities in the arts for Evanston. 29 of 357 City of Evanston Economic Development Work Plan 2013 P a g e | 2 Retail Purpose: Retail formats continue to evolve to smaller footprints as an increasing volume of transactions occur online. To protect their interest, nearby shopping centers reportedly restrict their tenants from expanding within a specific radius. As a result, Evanston’s ability to attract a broad range of national retailers is limited . Therefore Evanston economic development staff will proactively pursue a multifaceted effort to expand the retail sales tax base balancing unique local retail with desired national retailers by: 1. Pursuing national retailers in targeted categories 2. Seeking expansion or relocation of appealing independent retailers from throughout Chicago area 3. Cultivating the expansion of home based retail into vacant storefronts 4. Supporting creation of new retailers through incubation and other means 5. Developing strong relationships with the retail brokerage community Work Plan Actions: 1. Conduct retail preference survey of residents, employees, employers and students, to identify retail opportunities. 2. Identify and pursue national retailers, regional chains, and Chicago neighborhood businesses seeking to expand or relocate. 3. Design and implement a retail incubation program supporting the creation of storefront spaces for home-based businesses or individuals with ideas but limited capital. 4. Actively pursue favorite out of town shops for potential Evanston expansion 5. Repurpose and rebrand Façade Program as Storefront Improvement Fund to include interior build out in addition to façade. 6. Stay abreast of latest market conditions including creating a list of retail leads, researching typical space needs of desired retailers; identify leakage opportunities through ESRI Business analyst, and monitoring Evanston retail vacancies. 7. Work closely with Bonnie Management to identify tenants for Evanston Plaza. 8. Identify indoor family oriented activities including children’s museum, bowling, inflatable play/bounce house; creative studios (e.g. Make a Messterpiece or Robot City Workshop). 30 of 357 City of Evanston Economic Development Work Plan 2013 P a g e | 3 Example Performance Measures Activity Measure National / Regional Retail Pursuit New retailers opened/attracted Visits to retailers outside of Evanston National retailers contacted/converted Number of targeted home based into a storefront Retail Incubator Number of new businesses created Number of new jobs created Sales Tax Revenue Generated Storefront Improvement Fund (repurposed façade improvement program) Total new retailers attracted/expanded New jobs resulting from improvement New retailers attracted as a result of fund Survey Number of responses Retailers attracted 31 of 357 City of Evanston Economic Development Work Plan 2013 P a g e | 4 Workforce Development Partnerships Purpose To help empower individuals of all ages overcome barriers to full participation in the workforce, City staff will work closely with the existing network of workforce development non-profits to identify opportunities to support programs aimed at comprehensive training in an array of fields including entrepreneurship and self- employment education for youth and career changers. Work Plan Actions: 1. With non-profit partners, pursue available private, state and federal funding for workforce development training for Evanston residents for vocation/skill certifications. 2. Pursue the expansion of the City of Evanston apprenticeship program for Evanston residents 3. Work with Oakton Community College to provide vocational and certificate training courses at Evanston Township High School, the Evanston Public Library, and other appropriate locations. 4. Partner with the Library/Youth Job Center/IL WORK NET/ to create provide additional training programs in the community including opportunities for guided online education. 5. Negotiate local employment covenants for all future redevelopment agreements. 6. Expand the Mayor’s Summer Youth Employment Program and Youth and Young Adult Career Pathways Program. 7. Explore opportunities to improve the Local Employment Program based on best practices. Example Program Measure Activity Measure Job Creation # of participants placed in jobs # of participants certified/trained # of new jobs in Evanston # of participants Mayor’s Summer Youth Employment Program # of participants completing Career Pathways Program 32 of 357 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, February 11, 2013 Roll Call: Alderman Wilson Alderman Rainey Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Alderman Grover Alderman Wynne Alderman Rainey Presiding: Mayor Elizabeth B. Tisdahl Mayor Tisdahl called the Regular meeting of the City Council to order at 7:05 pm, after a Roll Call that confirmed a quorum. Mayor Public Announcements Mayor Tisdahl had no announcements. Assistant City Manager Public Announcements Assistant City Manager Lyons had no announcements. Communications: City Clerk City Clerk Greene had no communications. Citizen Comment . Junad Rizki, 2724 Sheridan spoke on the item SP1. He stated that half of the City‟s water and sewer system is over one hundred years old, and the City spends approximately three million dollars/year on Capital. He stated, the water lines on Central Street have broken thirteen times this year. He accused staff of not supplying enough fire floats to combat potential fires. He suggested “that the Council should not authorize the City Manager to negotiate projects and then bring back pre-approved items to Council. He should come to Council with the full deal in front and not with these pre-approved negotiations”. 33 of 357 City Council Minutes 2 Non-Agenda items Dan Joseph, 1510 Greenwood spoke of his concerns of the Davis Street Metra Station. He also passed out pictures of the station that have no benches for the passengers to sit while waiting for the train‟s arrival. He stated it was the only Metra station that does not have benches for sitting or a warm place to wait. He stated the waiting room that Metra says is open is not open at all, and wishes the Council would do something about it. Gloria Nance, 1325 Dewey spoke of the concerns she and the family of Juvar Bamberg having unanswered questions about his death, which they are calling it a murder/ assassination. She accused that no one has given them any information about his death, his transportation of his body, and the lack of notification to his mother and father who lived only a block and a half away. She stated that everyone else knew of the death, even the newspaper but his parents were not informed. The Mayor offered her condolences to Mrs. Nance, as Mrs. Nance continued with more questions of what should have happened in a timely manner. Police Chief Eddington came forward to answer some of the questions that Mrs. Nance had alluded to. The Chief echoed the sentiments of the Mayor, he stated „the Fire Department was contacted and they ran a strip which showed nothing and the Fire Department personnel called the Hospital relayed the information on the strip, and the Doctor pronounced him dead, Police Officers do not make those kind of decisions. He explained that conversations with the family by Victim Services personnel have occurred with Mr. Bamberg, Sr. He stated the investigation into the death is still ongoing and they are moving as expeditiously as possible to bring the case to a close”. Again he expressed his condolences for their loss to the family. Padma Rao, 2246 Sheridan Rd. stated her mother could not be here tonight, but wanted her daughter to read her statements. She referred to the Kendall trees that were condemned to die, and that the votes were collected outside of public view. The Mayor stated Padma Rao was out of order, and Ms. Rao told the Mayor s he was out of order and that she did not have to accept her whitewash of the issue. She once again mentioned the Law Firm of Holland & Knight, as well as the actions of the 8 th ward Alderman and her “wine & cheese bar”. She then stated in her own words her concerns of how the Council and the Mayor have disregarded the fundamental rights of the tax payers, and how the Council does not want the public to hear the truth from her and her mother. She too spoke of the Kendall trees issue and the Holland & Knight. Fay Kaiser, 927 Noyes stated that Wally and Doug been meeting with them, but nothing has happened yet. She stated the tenants have been kept out of the discussions and she have the same issues as before. She also stated that Piven‟s will take up half of the facilities structure, but who will be responsible for the rest rental payment. Special Order of Business: Report on Wholesale Water Sales Mr. Dave Stoneback, Director Facilities presented a slide show for the wholesale water update. Items not approved on Consent Agenda: (A7)Ordinance 18-O-13, Amending Title 9 of the City Code Regarding Soliciting and Panhandling 34 of 357 City Council Minutes 3 Staff recommends consideration of Ordinance 18-O-13. This ordinance was introduced at the January 28, 2013 City Council meeting and referred for further consideration on February 11, 2013 at the Administration and Public Works Committee meeting. For Action SPECIAL ORDER OF BUSINESS (SP1)Report on Wholesale Water Sales Staff will give a presentation regarding wholesale water sales at the City Council meeting on February 11, 2013. For Discussion CONSENT AGENDA (M1)Approval of Minutes of the Regular City Council Meeting of January 28, 2013 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1)City of Evanston Payroll through 1/27/13 $2,692,151.86 (A2)City of Evanston Bills FY2012 2/12/13 $1,069,281.52 City of Evanston Bills FY2013 2/12/13 $ 771,325.32 Credit Card Activity – Period End December 31, 2012 $ 96,753.61 (A3.1) Approval of Single Source Purchase from Standard Equipment Company for Street Sweeper Maintenance Staff recommends approval of expenditure for the bi-annual inspection, overhaul, and maintenance of Street Sweeper #668 in the amount of $23,940.15 by Standard Equipment Company (2033 W. Walnut Street, Chicago, IL). Funding is provided from the FY2013 Budget, Fleet Services “Material to Maintain Autos” (7710.65060). For Action (A3.2)Approval of Contract Extension with Wirfs Industries for Annual Maintenance of Heavy Fire Apparatus Vehicles for One Year (RFP 10-78) Staff recommends City Council approval of a one year contract extension to Wirfs Industries (4201 West Main Street, McHenry, IL) in the amount of $95,000 for the coming year to provide required annual inspections and repairs for heavy fire apparatus vehicles (RFP 10-78). Funding is provided from the FY2013 Budget, Fleet Services “Material to Maintain Autos” (7710.65060). For Action (A3.3)Approval of Renewal of Elevator Service Agreement with OTIS Elevator Corp. for the Civic Center, Service Center, Maple Ave. and Church Street Self Parks 35 of 357 City Council Minutes 4 Staff recommends that City Council authorize the City Manager to execute a renewal of the service and maintenance agreement with OTIS Elevator Corporation (949 Oak Creek Drive, Lombard, IL) for the elevators at the Service and Civic Centers, and Maple Avenue and Church Street parking garages at a cost of $67,398.12. The proposed agreement is effective January 1, 2013 to December 31, 2013, and provides for no increase from last year‟s fees. Funding is provided by the 2013 Budget of various departments and the Parking Fund. For Action (A3.4)Approval of Renewal of Elevator Service Agreement with ThyssenKrupp Elevator Corp. for the Sherman Plaza Self Park Staff recommends that City Council authorize the City Manager to execute a renewal of the service and maintenance agreement with ThyssenKrupp Elevator Corporation (355 Eisenhower Lane South, Lombard, IL) for the elevators at the Sherman Plaza parking garage at a cost of $37,950.24. The proposed agreement is effective January 1, 2013 to December 31, 2013, and provides for a 3% annual increase from last year‟s fee. Funding is provided by the Parking Fund (7036.62425). For Action (A3.5)Approval of Renewal of Annual Azteca Cityworks Maintenance and Support Agreement Staff recommends that City Council authorize the City Manager to execute a renewal of the annual sole source maintenance and support agreement for the term February 21, 2013 through February 20, 2014 with Azteca Systems Inc. (11075 South State Street, Sandy, UT) for Cityworks work order and service request management software in the amount of $22,405, with no increase over 2012 fee. Funding is provided by: Utilities Department for $10,702.86 (7125.62340) and $2,100 (7410.62340); and by Public Works Department for $9,602.14 For Action (A3.6)Approval of Contract Award for Third Party Administration of General & Automobile Liability and Worker’s Compensation Claims to Cannon Cochran Management Services, Inc. (RFP 12-182) Staff recommends that the City Council authorize the City Manager to execute a contract for Third Party Administration (TPA) of General & Automobile Liability and Worker‟s Compensation Claims with Cannon Cochran Management Services, Inc., (3333 Warrenville Road, Suite 550, Lisle, IL) for an estimated annual amount of $85,000. Funding is provided by the Insurance Fund (7800.62266). For Action (A4)Resolution 4-R-13 Authorizing that Payments Relating to the FY 2013 Capital Improvement Plan Projects Be Reimbursed by the Subsequent 2013tion Bond Issuance Staff recommends approval of Resolution 4-R-13 by which City Council would authorize that payments relating to FY 2013 Capital Improvement Plan (C.I.P.) project expenditures up to $10,039,250 be reimbursed by the subsequent 2013 General 36 of 357 City Council Minutes 5 Obligation (G.O.) bond issuance. For Action (A5)Resolution 10-R-13, Dempster Street Traffic Signal Modernization and Coordination Project Phase I Engineering Agreements Staff recommends approval of Resolution 10-R-13 authorizing the City Manager to sign the Local Agency Agreement with the Illinois Department of Transportation (IDOT) and the Preliminary Engineering Services Agreement with Hampton, Lenzini and Renwick, Inc., (HLR) (380 Shepard Drive, Elgin IL) in the amount of $66,049 for the Dempster Street traffic signal modernization and coordination project. Funding is provided by the West Evanston TIF Fund (587025) in the amount of $10,000 and the CIP Fund (415940) in the amount of $60,000 for a total budgeted amount of $70,000. For Action (A6)Ordinance 6-O-13 Amending Title 10, Motor Vehicles and Traffic, Section 10- 12-2: Violation of the Illinois Vehicle Code Staff recommends that the City Council adopt Ordinance 6-O-13 amending Title 10, Motor Vehicles and Traffic, Section 10-12-2 providing for the ability to issue City Code violations in accordance with the Illinois Vehicle Code. For Introduction Staff recommends consideration of the following four ordinances (A8 to A11) for lease agreements with resident artists at the Noyes Cultural Arts Center for terms in excess of two years. These four ordinances were introduced at the January 28, 2013 City Council meeting. (A8)Ordinance 13-O-13 Authorizing the City Manager to Enter into a Five Year Renewal Lease Agreement with Next Theatre Company For Action (A9)Ordinance 14-O-13 Authorizing the City Manager to Enter into a Ten Year Renewal Lease Aggrement with Evanston Children’s Choir For Action (A10)Ordinance 15-O-13 Authorizing the City Manager to Enter into a Three Year Renewal Lease Aggrement with Art Encounter For Action (A11)Ordinance 16-O-13 Authorizing the City Manager to Enter into a Ten Year Lease Agreement with Actors Gymnasium, Inc. For Action (A12)Ordinance 17-O-13, Amending Class P Liquor License Staff recommends City Council adoption of Ordinance 17-O-13 which amends Class P Liquor License by increasing the maximum quantity of alcohol permitted for on-site production and storage from 15,000 gallons to 30,000 gallons for one year, with another 37 of 357 City Council Minutes 6 increase to 35,000 gallons annually thereafter. This ordinance was introduced at the January 28, 2013 City Council meeting. For Action (A13)Ordinance 10-O-13, Sale of Surplus Property Staff recommends City Council adoption of Ordinance 10-O-13 authorizing the City Manager to publicly offer for sale three vehicles owned by the City through public auction. This ordinance was introduced at the January 28, 2013 City Council meeting. For Action PLANNING AND DEVELOPMENT (P1)Ordinance 11-O-13 Granting a Special Use for a Type 2 Restaurant at 1734 Sherman Avenue (Starbucks) Zoning Board of Appeals and City staff recommend the adoption of Ordinance 11-O-13 granting a special use permit for the operation of a Type 2 Restaurant, Starbucks, at 1734 Sherman Avenue. This ordinance was introduced at the January 28, 2013 City Council meeting. For Action HUMAN SERVICES (H1)Approval of Township of Evanston Bills for January 2013 Township of Evanston Supervisor recommends that City Council approve the Township of Evanston bills, payroll, and medical payments for the month of January 2013 in the amount of $90,536.54. For Action Alderman Rainey motioned for approval of the Consent Agenda, it was seconded and with a Roll Call vote the agenda was approved 9-0. Items to be discussed: (A7)Ordinance 18-O-13, Amending Title 9 of the City Code Regarding Soliciting and Panhandling Staff recommends consideration of Ordinance 18-O-13. This ordinance was introduced at the January 28, 2013 City Council meeting and referred for further consideration on February 11, 2013 at the Administration and Public Works Committee meeting. For Action Alderman Grover motioned for approval and it was seconded. Alderman Rainey stated residents could opt out by placing a sign on their doors saying solicitation is not welcomed here. Alderman Braithwaite then asked if that meant collecting signatures for campaign purposes were included. The answer by the City Attorney was that it did not include collecting signatures. With a Roll Call vote of 9-0, the motion was approved with amendments of the time to be 9 am – 6 pm. 38 of 357 City Council Minutes 7 Call of the Wards Ward 4, Alderman Wilson had no report. Ward 5, Alderman Holmes announced her next Thursday at 7 pm on the 21st is the 5th ward regular meeting. She also expressed her sympathies to the family of Val Summers. She visited a program Saturday night at Fleetwood/Jourdain that had over 300 kids sponsored by the Pioneers For Peace. Ward 6, Alderman Tendam thanked the staff for the turnout to the combined ward meeting last week. Ward 7, Alderman Grover thanked Alderman Tendam for hosting for their joint meeting. She congratulated Nora Robinson a Haven 8th grader with the American Achievement Award, and she will not standby any longer with the bullying that occurs in the Council. She also extended her hand good report to the Rao‟s. Ward 8, Alderman Rainey made a referral to A&PW concerning the 5% exception given to Evanston residents doing bids for projects within the City. She and Alderman Burrus attended a Council meeting in Florida and discovered they have the same type of problems as we do. She also handed out their city pins to the Council which was a palm tree. Ward 9, Alderman Burrus announced a 9th ward meeting next Wednesday 7 pm at the Levy Center. Ward 1, Alderman Fiske thanked Alderman Grover for her comments. She announced a meeting on Saturday the 23rd to discuss issues using the dog beach. On Tuesday, March 5th will be the 1st ward meeting in the Library. Ward 2, Alderman Braithwaite thanked the City staff for the Friday night for Evanston procurement 10, and his 2nd ward meeting in District 65 Bldg. 7 pm February 21st. Ward 3, Alderman Wynne had no report. Alderman Wilson motioned to convene into Executive Session to discuss personnel and minutes, and it was seconded, and with a Voice Vote that was unanimous the Regular Council Meeting ended at 8:34 pm. Submitted by, Hon. Rodney Greene, City Clerk 39 of 357 Page 1 of 4 Rev. 2/20/2013 5:08:53 PM ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, February 25, 2013 5:45 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers AGENDA I. DECLARATION OF A QUORUM: ALDERMAN GROVER, CHAIR II. APPROVAL OF MINUTES OF REGULAR MEETING OF February 11, 2013 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 2/10/13 $2,660,167.75 (A2) City of Evanston Bills FY2013 2/26/13 $2,303,695.03 (A3.1) Approval of 2013 Contract with G & M Trucking, Inc. for Granular Materials (Bid 13-05) Staff recommends that City Council authorize the City Manager to execute a one- year contract for the purchase of granular materials with G & M Trucking, Inc. (8811 Kathy Lane, Des Plaines, IL) in the amount of $34,747.50. Funding is provided from the Water Fund (7115.65055) and the Sewer Fund (7400.65055). For Action (A3.2) Approval of Contract Renewal with Garda Armored Car Services Staff recommends Council approval of the second optional year of the original two (2) year contract with three (3) optional years with Garda Armored Car Services (2100 W. 21st Street, Broadview, IL) for a not to exceed amount of $75,000 effective December 1, 2012 through November 30, 2013. Funding is provided by the Parking Fund (7005.62431) and General Fund Revenue Division (1910.62431). For Action 40 of 357 Page 2 of 4 Rev. 2/20/2013 5:08:53 PM (A3.3) Approval of Contract Award to ATR Transmissions (Bid 12-183) Staff recommends City Council approval of a one-year bid award with three, one- year option renewals for transmission repairs from ATR Transmissions (401 Terrace Drive, Mundelein, IL) in the amount of $28,615 annually. Funding is provided by the Major Maintenance account (7710.65060) with a 2013 budget of $30,000 allocated to transmission repairs for sedans, vans and medium-sized trucks. For Action (A3.4) Approval of Contract Extension with Ozinga Ready Mix Concrete, Inc. Staff recommends City Council approval of a one year contract extension for the purchase of 350 cubic yards of concrete at a cost of $97 per cubic yard, 200 cubic yards of high early strength concrete at a cost of $118 per cubic yard, and 50 cubic yards of flowable fill at a cost of $86 per cubic yard to Ozinga Ready Mix Concrete, Inc. (2222 South Lumber Street, Chicago, IL) for a total of $64,0 00. Funding is provided by the General Fund for Street and Alley Maintenance (2670.65055), the Water Fund (7115.65051), and the Sewer Fund (7400.65051). For Action (A3.5) Approval of Funding for Evanston 4th of July Association Staff recommends allocating $10,000 to the Evanston 4th of July Association for the celebration in 2013. This one-time contribution is in honor of the sesquicentennial birthday of the City of Evanston and will be used towards a variety of musical acts. Funding is provided by Evanston 150 Grants (1575.62490). For Action (A3.6) Approval of Renewal of Annual Oracle (EnterpriseOne) Maintenance and Support Agreement Staff recommends approval to renew the annual sole source maintenance and support agreement for the term March 1, 2013 through February 28, 2014 with Oracle Corporation (20 Davis Drive, Belmont, CA) for the City's EnterpriseOne software in the amount of $136,717.32, a decrease of $12,657.40 (8.4%) off the original 2013 renewal price. Funding is provided by the Computer Licensing and Support Account 1932.62340. For Action (A4) Approval of Change Order No. 3 for Evanston Water Utility SCADA Phase III Engineering Services (RFP 08-74) Staff recommends that the City Council authorize the City Manager to execute Change Order No. 3 in the amount of $6,250 and grant a time extension of 60 calendar days, to the agreement with CDM Smith, Inc. (125 South Wacker Drive, Chicago, IL) for the Evanston Water Utility Supervisory Control and Data Acquisition (SCADA) System Phase III Engineering Services. Funding is provided by the Water Fund (Account 733078). For Action 41 of 357 Page 3 of 4 Rev. 2/20/2013 5:08:53 PM (A5) Resolution 12-R-13 Authorizing an Intergovernmental Agreement with the Chicago Metropolitan Agency for Planning for the City’s Bike Plan Update Staff recommends approval of the Resolution 12-R-13 authorizing the City Manager to enter into an Intergovernmental Agreement with the Chicago Metropolitan Agency for Planning (CMAP) to seek staff and consulting services to update the City’s Bike Plan. Funding up to $100,000 is provided by CMAP. For Action (A6) Resolution 13-R-13 Authorizing Motor Fuel Tax Funds Usage for Roadway Construction and Related Engineering Services The Evanston Department of Public Works recommends City Council approval of Resolution 13-R-13 authorizing the use of Motor Fuel Tax Funds (MFT) in the amount of $1,400,000 for the street resurfacing and $132,727 for design and construction engineering services. Funding is provided by the Motor Fuel Tax Fund (Fund # 200). For Action (A7) Ordinance 9-O-13 Authorizing Lease of City-Owned Property at 623-627½ Howard Street to Peckish One, LLC Staff recommends approval of Ordinance 9-O-13, authorizing the City Manager to negotiate and execute a commercial lease with an option to purchase for City- owned real property located at 623-627½ Howard Street. For Introduction (A8) Ordinance 23-O-13 Amending the City Code Relating to Parking on Harrison Street The Transportation/Parking Committee and staff recommend that the City Council adopt Ordinance 23-O-13 amending Title 10, Motor Vehicles and Traffic, restricting parking on the south side of Harrison from Green Bay Road west to the first north-south alley. For Introduction (A9) Ordinance 24-O-13 Amending the City Code Relating to Parking on Harrison Street, Eastwood Avenue and Davis Street The Transportation/Parking Committee and staff recommend that the City Council adopt Ordinance 24-O-13 amending Title 10, Motor Vehicles and Traffic, adding Residents Parking Only District 6 on Harrison Street and Eastwood Avenue and removing Residents Only Parking District 5 on Davis Street. For Introduction (A10) Ordinance 24-O-13 Amending the Class Y Liquor License Staff recommends City Council adoption of Ordinance 25-O-13, which if adopted will amend the Class Y liquor license to permit the sale of alcoholic liquor, i.e., spirits, wine, and unrefrigerated beer for off premises consumption. For Introduction 42 of 357 Page 4 of 4 Rev. 2/20/2013 5:08:53 PM IV. ITEMS FOR DISCUSSION (APW1) Discussion of 727/729 Howard Street (City Lit) Project (APW2) Discussion of Local Preference: Purchasing/Evanston Contractor V. COMMUNICATIONS VI. ADJOURNMENT 43 of 357 Page 1 of 6 Rev. 2/18/2013 10:45:31 AM . MEETING MINUTES Administration & Public Works Monday, February 11, 2013 5:48P.M. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers Members Present: Ald. Braithwaite, Ald. Burrus, Ald. Grover, Ald. Holmes, Ald. Rainey Members Absent: Others Present: Staff Present: Jose Calderon, Dolores Cortez, Paul D’Agostino, Rajeev Dahal, Brandon Dieter, Chief Eddington, Grant Farrar, Doug Gaynor, Louis Gergits, Stephen Griffin, Bob Gustafson, Lonnie Jeschke, Marty Lyons, Jim Maiworm, Jeff Murphy, Sat Nagar, Homayoon Pirooz, Ashley Porta, Suzette Robinson, Dave Stoneback, Matt Swentkofske, Rickey Voss Presiding Member: Alderman Grover I. DECLARATION OF A QUORUM: ALDERMAN GROVER, CHAIR II. APPROVAL OF MINUTES OF REGULAR MEETING OF January 28, 2013 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 01/27/13 $2,692,151.86 A voice vote was taken and the Payroll through 01/27/13 was unanimously approved. (A2) City of Evanston Bills FY2012 02/12/13 $1,069,281.52 City of Evanston Bills FY2013 02/12/13 $ 771,325.32 Credit Card Activity – Period Ending 12/ 31/12 $ 96,753.61 44 of 357 Page 2 of 6 Rev. 2/18/2013 10:45:31 AM Amended Bills amounts: City of Evanston Bills FY2012 02/12/13 $897,513.09 City of Evanston Bills FY2013 02/12/13 $943,093.75 Ald. Burrus asked what the purchase price was for 110 Greenwood and who purchased it. Stephen Griffin (Director Community and Economic Development) said that the couple who had purchased the permits to build at this site did not do so and they were eligible for a refund less admin expenses. Ald. Burrus said that it was sold in January of this year, what was the purchase price and what property tax was levied. S. Griffin said he would have to get back to her. Marty Lyons (Assistant City Manager/Treasurer) thought that Mr. Griffin might get the facts from the City Clerk and have them for the full Council meeting A voice vote was taken and the Bills, as amended, for FY2012 and FY2013 and the Credit Card activity at period ending 12/31/12 were unanimously approved. (A3.1) Approval of Single Source Purchase from Standard Equipment Company for Street Sweeper Maintenance Staff recommends approval of expenditure for the bi-annual inspection, overhaul, and maintenance of Street Sweeper #668 in the amount o f $23,940.15 by Standard Equipment Company (2033 W. Walnut Street, Chicago, IL). Funding is provided from the FY2013 Budget, Fleet Services “Material to Maintain Autos” (7710.65060). Ald. Rainey said she thought it very interesting that the city’s Fleet staff were going to start doing repairs on some vehicles rather than sending all of them to an outside source. A good move. A voice vote was taken and A3.1 was approved unanimously. (A3.2) Approval of Contract Extension with Wirfs Industries for Annual Maintenance of Heavy Fire Apparatus Vehicles for One Year (RFP 10-78) Staff recommends City Council approval of a one year contract extension to Wirfs Industries (4201 West Main Street, McHenry, IL) in the amount of $95,000 for the coming year to provide required annual inspections and repairs for heavy fire apparatus vehicles (RFP 10-78). Funding is provided from the FY2013 Budget, Fleet Services “Material to Maintain Autos” (7710.65060). A voice vote was taken and A3.2 was approved unanimously. (A3.3) Approval of Renewal of Elevator Service Agreement with OTIS Elevator Corp. for the Civic Center, Service Center, Maple Ave. and Church Street Self Parks Staff recommends that City Council authorize the City Manager to execute a renewal of the service and maintenance agreement with OTIS Elevator Corporation (949 Oak Creek Drive, Lombard, IL) for the elevators at the Service and Civic Centers, and Maple Avenue and Church Street parking garages at a cost of $67,398.12. The proposed agreement is effective January 1, 2013 to December 31, 2013, and provides for no increase from last year’s fees. Funding is provided by the 2013 Budget of various departments and the Parking Fund. 45 of 357 Page 3 of 6 Rev. 2/18/2013 10:45:31 AM A voice vote was taken and A3.3 was approved unanimously. (A3.4) Approval of Renewal of Elevator Service Agreement with ThyssenKrupp Elevator Corp. for the Sherman Plaza Self Park Staff recommends that City Council authorize the City Manager to execute a renewal of the service and maintenance agreement with ThyssenKrupp Elevator Corporation (355 Eisenhower Lane South, Lombard, IL) for the elevators at the Sherman Plaza parking garage at a cost of $37,950.24. The proposed agreement is effective January 1, 2013 to December 31, 2013, and provides for a 3% annual increase from last year’s fee. Funding is provided by the Parking Fund (7036.62425). A voice vote was taken and A3.4 was approved unanimously. (A3.5) Approval of Renewal of Annual Azteca Cityworks Maintenance and Support Agreement Staff recommends that City Council authorize the City Manager to execute a renewal of the annual sole source maintenance and support agreement for the term February 21, 2013 through February 20, 2014 with Azteca Systems Inc. (11075 South State Street, Sandy, UT) for Cityworks work order and service request management software in the amount of $22,405, with no increase over 2012 fee. Funding is provided by: Utilities Department for $10,702.86 (7125.62340) and $2,100 (7410.62340); and by Public Works Department for $9,602.14 (CIP Account 416393). A voice vote was taken and A3.5 was approved unanimously. (A3.6) Approval of Contract Award for Third Party Administration of General & Automobile Liability and Worker’s Compensation Claims to Cannon Cochran Management Services, Inc. (RFP 12-182) Staff recommends that the City Council authorize the City Manager to execute a contract for Third Party Administration (TPA) of General & Automobile Liability and Worker’s Compensation Claims with Cannon Cochran Management Services, Inc., (3333 Warrenville Road, Suite 550, Lisle, IL) for an estimated annual amount of $85,000. Funding is provided by the Insurance Fund (7800.62266). A voice vote was taken and A3.6 was approved unanimously. (A4) Resolution 4-R-13 Authorizing that Payments Relating to the FY 2013 Capital Improvement Plan Projects Be Reimbursed by the Subsequent 2013 General Obligation Bond Issuance Staff recommends approval of Resolution 4-R-13 by which City Council would authorize that payments relating to FY 2013 Capital Improvement Plan (C.I.P.) project expenditures up to $10,039,250 be reimbursed by the subsequent 2013 General Obligation (G.O.) bond issuance. Ald. Rainey asked if there would be a staff report prepared on this matter and M. Lyons replied that each year a reimbursement resolution was prepared because we have held off on issuing bonds until the very last possible minute. That means we tend to use reserves until we have no reserves left to use. A lot of that has to do with our earning ½ point interest on our reserves but pay 3% on our bonds. 46 of 357 Page 4 of 6 Rev. 2/18/2013 10:45:31 AM To hold off we can save 2% of ten million dollars. To use the debt issued we have to have a reimbursement resolution on file so potential bond buyers can see what the bond proceeds are being used for. Ald. Rainey asked if Mr. Lyons knew what the interest rate would be on bond sales. M. Lyons replied that it will still be between 3 and 4 percent on a twenty year issue. Since the market is going that way, we may move forward in May/June rather than in July/August as we have in the past. Ald. Rainey asked if all the expenditures have been voted on and approved by the Council. M. Lyons said that they are all CIP approved by the Council. Ald. Burrus wondered how much the City’s bond debt is and M. Lyons replied that it is approximately 153 million in general obligation debt and 80 million in IEPA loan debt. Ald. Rainey asked if the IEPA all came out of the sewer fund. M. Lyons said nearly all; there is a small debt in the water fund. A voice vote was taken and A4 was approved unanimously. (A5) Resolution 10-R-13, Dempster Street Traffic Signal Modernization and Coordination Project Phase I Engineering Agreements Staff recommends approval of Resolution 10-R-13 authorizing the City Manager to sign the Local Agency Agreement with the Illinois Department of Transportation (IDOT) and the Preliminary Engineering Services Agreement with Hampton, Lenzini and Renwick, Inc., (HLR) (380 Shepard Drive, Elgin IL) in the amount of $66,049 for the Dempster Street traffic signal modernization and coordination project. Funding is provided by the West Evanston TIF Fund (587025) in the amount of $10,000 and the CIP Fund (415940) in the amount of $60,000 for a total budgeted amount of $70,000. Ald. Braithwaite liked the idea that local meetings would be held. He asked about what the meeting process will be and what about traveling on Dempster during the construction period. Suzette Robinson (Director of Public Works) answered that there would be an impact on Dempster Street. She continued, as far as the meeting coordination, the work schedule has not been set as of yet. There will be meetings with the consultants and within a month we can announce the schedule for meeting with the residents at that time. A voice vote was taken and A5 was approved unanimously. (A6) Ordinance 6-O-13 Amending Title 10, Motor Vehicles and Traffic, Section 10-12-2: Violation of the Illinois Vehicle Code Staff recommends that the City Council adopt Ordinance 6-O-13 amending Title 10, Motor Vehicles and Traffic, Section 10-12-2 providing for the ability to issue City Code violations in accordance with the Illinois Vehicle Code. Ald. Rainey said she couldn’t figure out if the City was going to give tickets. And she asked, what violations are you addressing? Rickey Voss (Revenue/Parking Manager) stated that equipment violations such as not using seatbelts or taillights not working are two examples. When they go to court, if proof can be shown that the violation has been fixed, there will probably be no fine required. Ald. Rainey asked if he thought the City is going to be better off. R. Voss said yes. Ald. Rainey asked if these are added to other tickets. R. Voss said they are and five means you will be booted. Ald. Burrus wondered how loud the music must be for the City to issue a ticket. R. Voss replied that when he was on the 47 of 357 Page 5 of 6 Rev. 2/18/2013 10:45:31 AM street, if he could hear the noise a quarter block away, he issued a ticket. Ald. Grover thought the ordinance had a 75 foot ruling in it. Ald. Holmes asked about a lost license plate. R. Voss told her that the State of Illinois requires two plates. For a small fee they will issue a replacement plate. Chief Eddington (Chief of Police) mentioned that retired Police Sergeant Voss was correct. The Police are stricter concerning enforcement depending on the situation. If it is an issue with a resident, they should phone the complaint to the Police. Usually a couple of tickets end the situation at that site. Ald. Rainey asked if he knew why Illinois required two plates. Many states do not. M. Lyons said he did not expect Chief Eddington or Mr. Voss to know the answer. A voice vote was taken and A6 was approved unanimously. (A7) Ordinance 18-O-13, Amending Title 9 of the City Code Regarding Soliciting and Panhandling Staff recommends consideration of Ordinance 18-O-13. This ordinance was introduced at the January 28, 2013 City Council meeting and referred for further consideration on February 11, 2013 at the Administration and Public Works Committee meeting. Chair Grover stated that this item has already been introduced to the full Council and was sent back to committee for revisions/amendments. It is now open for discussion. Ald. Rainey said that she felt allowing panhandling, if there is no clear posting on the door, until 9 p.m. is intrusive. I would like to see the time as 7 p.m. She added that the sign for the door might be provided by the City. It could be taken from the City website with the suggested verbiage and the residents could down-load it and use it. Ald. Grover thought the time change was good. Ald. Rainey said she would like to see this change incorporated as an amendment to the ordinance. Grant Farrar (Corporation Counsel/City Attorney) said that for the purpose of clarity, B3 is for soliciting and B4 addresses panhandling. With regard to the question of exceptions, they are not clearly defined in the ordinance. There are lots of exceptions that would be hard to incorporate. But, I feel the time change to 7 p.m. is good. We have listened to your comments and suggestions and those of the residents while crafting this ordinance. I feel that we have done our due-diligence. Ald. Grover asked if this could be prosecuted as a public nuisance and G. Farrar relied that it would. Ald. Grover inquired into the fine charged. G. Farrar said that they can be from $50 to $500. It is tailored to fit the set of facts. There is some leeway in enforcing the ordinance. Ald. Holmes asked if the times for both solicitation and panhandling could not match as from 9 a.m. to 4 p.m. for all six days. G. Farrar said we ca n do that. Ald. Rainey asked if solicitors are licensed. G. Farrar was not sure. The current version of this ordinance does not speak to it. Ald. Rainey stated that means the City has no code about licensing. Ald. Grover said that the committee should send this ordinance to Council with the time adjustments shown. A voice vote was taken and A7 was approved, with time changes, unanimously. IV. ITEMS FOR DISCUSSION (APW1) Discussion of 727/729 Howard Street (City Lit) Project Stephen Griffin began the discussion by saying that the City and City Lit continue to be in negotiations exploring a ten year loan. Other resources such as an 48 of 357 Page 6 of 6 Rev. 2/18/2013 10:45:31 AM amusement tax are currently being examined. A bar at the facility has also been mentioned. Storage and offices could go into a one story building near by. Ald. Rainey said that it would be interesting to have minutes from these meetings. She admitted forgetting some things City Lit does such as working with grade schools. There is an all girl Shakespeare group that allows them to do all the roles and learn much, S. Griffin thought that each week more would be accomplished. VI. COMMUNICATIONS VII. ADJOURNMENT Ald. Burrus motioned and Ald. Braithwaite seconded that the meeting be adjourned. It was unanimously approved. Chair Grover adjourned the meeting at 6:20 p. m. 49 of 357 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Richard Perry, Accounts Payable Coordinator Subject: City of Evanston Payroll and Bills Date: February 21, 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 – January 28, 2013 through February 10, 2013 $2,660,167.75 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – February 26, 2013 $2,303,695.03 General Fund Amount – Bills list $239,283.75 General Fund Amount – Supplemental list $ 0.00 General Fund Total: $239,283.75 Attachments: Bills Lists For City Council meeting of February 25, 2013 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 50 of 357 CITY OF EVANSTON, ILR5504003B BILLS LIST 02/26/13PERIOD ENDING 00100 GENERAL ACCOUNT 100 GENERAL FUND ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 100.21680 CHICAGO TRANSIT AUTHORITY 901 *CHICAGO CARD PLUS 1,100.00 100.21650 NATIONAL GUARDIAN LIFE INSURANCE MONTHLY INVOICE 339.39 100.22791 CLESEN WHOLESALE COE LUNCHEON 189.00 100.41420 ILLINOIS DRUG ENFORCEMENT *TRAINING CONFERENCE 3,840.00 5,468.39 1300 CITY COUNCIL 1300.62360 U S CONFERENCE OF MAYORS MEMBERSHIPS 5,269.00 1300.62295 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 99.14 1300.62456 ON TRACK FULFILLMENT INC.2ND WARD MAILING 212.00 1300.62456 ON TRACK FULFILLMENT INC.6TH & 7TH WARD MEETING PCARDS 308.23 1300.65095 OFFICE DEPOT OFFICE SUPPLIES FY13 119.72 1300.62210 ALLEGRA PRINT & IMAGING POSTCARDS -WARDS 6 & 7 MEETING 489.00 1300.62360 ILLINOIS MUNICIPAL LEAGUE MEMBERSHIPS 3,451.00 1300.62295 NORTHWEST MUNICIPAL CONFERENCE LEGISLATIVE BRUNCH 80.00 10,028.09 1400 CITY CLERK 1400.65095 MSF GRAPHICS, INC.FINANCIAL DISCLOSURE STATEMENT 95.00 95.00 1505 CITY MANAGER 1505.65095 OFFICE DEPOT OFFICE SUPPLIES FY13 126.09 1505.62295 NORTHWEST MUNICIPAL CONFERENCE LEGISLATIVE BRUNCH 40.00 166.09 1510 PUBLIC INFORMATION 1510.65095 OFFICE DEPOT OFFICE SUPPLIES FY13 51.98 1510.62506 NORTHWESTERN UNIVERSITY FEDERAL WORK STUDY PROGRAM 232.75 1510.62506 NORTHWESTERN UNIVERSITY FEDERAL WORK STUDY PROGRAM 259.07 1510.62506 NORTHWESTERN UNIVERSITY FEDERAL WORK STUDY PROGRAM 343.88 887.68 1525 MISC. BUSINESS OPERATIONS 1525.68205 THE WOODSHOP ARTWORK - FJ CENTER 6,000.00 6,000.00 1570 EVANSTON150 OPERATING 1570.62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS - EVANSTON 150 225.00 225.00 1705 LEGAL ADMINISTRATION 1705.65010 WEST GROUP PAYMENT CTR INFORMATION CHARGES 906.92 1705.62295 ILLINOIS INSTITUTE LAND USE LAW CONF. 279.00 1705.65010 DRIVERS LICENSE GUIDE I.D. CHECKING GUIDE 1,876.00 1705.65095 OFFICE DEPOT OFFICE SUPPLIES FY 2013 LEGAL 103.13 1705.62345 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 10.69 3,175.74 1905 ADM.SERVICES- GENERAL SUPPORT 1905.62185 ACCOUNTEMPS COLLECTION COORDINATOR 1,200.00 1905.62185 ACCOUNTEMPS COLLECTION COORDINATOR 1,200.00 51 of 357 CITY OF EVANSTON, ILR5504003B BILLS LIST 02/26/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 1905.62185 ACCOUNTEMPS COLLECTION COORDINATOR 1,200.00 1905.62280 FEDERAL EXPRESS CORP.SHIPPING 42.41 1905.62280 ACCOUNTEMPS COLLECTION COORDINATOR 1,200.00 4,842.41 1910 FINANCE DIVISION - REVENUE 1910.64541 AZAVAR TECHNOLOGIES UTILITY AUDIT 991.03 1910.62275 UNITED STATES POSTAL SERVICE *ANNUAL LOCK BOX 1,040.00 1910.62431 GARDA CL GREAT LAKES, INC.MONTHLY INVOICE 12.95 1910.62431 GARDA CL GREAT LAKES, INC.MONTHLY INVOICE 2,315.88 1910.52010 FISHER, ROGER REFUND-STICKER & PERMIT 75.00 1910.52010 BONNEY, ALLEN REFUND-STICKER 150.00 1910.62431 GARDA CL GREAT LAKES, INC.MONTHLY INVOICE-CHANGE 41.96 1910.52010 COLLINS, RUBY REFUND-PD FULL RATE S/B SENIOR 37.50 1910.52010 MICHELSEN, MONA M.REFUND-OVERPAYMENT 37.50 1910.52010 MICHELSEN, MONA M.REFUND-DUP PYMNT STICKER 75.00 1910.52010 STREMMEL, CYNTHIA A.REFUND-DUP PYMNT CITATION 10.00 4,786.82 1920 FINANCE DIVISION - ACCOUNTING 1920.62280 FEDERAL EXPRESS CORP.SHIPPING 30.91 1920.65095 OFFICE DEPOT OFFICE SUPPLIES ACCOUNTING 92.52 123.43 1925 FINANCE DIVISION - PURCHASING 1925.62205 CHICAGO TRIBUNE 13-14 AD NOTICE NEW CAMERAS 715.00 715.00 1929 HUMAN RESOURCE DIVISION 1929.62274 DONNOE & ASSOCIATES, INC. TESTING 765.00 1929.65095 OFFICE DEPOT OFFICE SUPPLIES FY 2013 59.37 1929.62630 I.D.E.S. / ILLINOIS DEPT. FOURTH QTR INVOICE 31,810.50 32,634.87 1932 INFORMATION TECHNOLOGY DIVI. 1932.62340 ARCHIVE SOCIAL *SOCIAL MEDIA ARCHIVE 1,982.04 1932.64505 AT & T 8100 COMMUNICATION CHARGES 45.44 1932.62506 NORTHWESTERN UNIVERSITY FEDERAL WORK STUDY PROGRAM 378.00 2,405.48 1941 PARKING ENFORCEMENT & TICKETS 1941.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 894.86 1941.64005 COMED MONTHLY INVOICE 100.33 1941.65095 OFFICE DEPOT OFFICE SUPPLIES PEO & TICKETS 396.86 1941.52505 DUBOSQ, ROLAND REFUND-DUP PYMNT TICKET 10.00 1941.52505 ROBERTS, LAURA REFUND-DUPL PYMNT TICKET/BOOT 181.25 1,583.30 2101 COMMUNITY DEVELOPMENT ADMIN 2101.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 60.85 60.85 2105 PLANNING & ZONING 2105.65095 OFFICE DEPOT 2013 PO OFFICE SUPPLIES BU2105 119.98 2105.62285 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 40.82 52 of 357 CITY OF EVANSTON, ILR5504003B BILLS LIST 02/26/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2105.62360 NATIONAL TRUST FORUM MEMBERSHIPS 195.00 355.80 2115 HOUSING CODE COMPLIANCE 2115.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 269.76 269.76 2120 HOUSING REHABILITATION 2120.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 101.70 2120.65095 OFFICE DEPOT 2013 PO OFFICE SUPPLIES BU2120 149.85 251.55 2126 BUILDING INSPECTION SERVICES 2126.62295 SUBURBAN BUILDING OFFICIALS 1 DAY SEMINAR -BUILDING CONF. 125.00 2126.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 106.11 2126.52090 HINES, JOHN REFUND - PERMIT 90.00 2126.62360 SUBURBAN BUILDING OFFICIALS MEMBERSHIPS 75.00 2126.62205 CHICAGO TRIBUNE ADVERTISEMENT FOR RFP 13-11 616.00 2126.65095 OFFICE DEPOT 2013 PO OFFICE SUPPLIES BU2126 92.72 1,104.83 2128 EMERGENCY SOLUTIONS GRANT 2128.67114 FAMILY PROMISE CHICAGO NORTH JAN-JUNE EMERG. SHELTER GRANT 6,000.00 6,000.00 2205 POLICE ADMINISTRATION 2205.65085 A-MIDWEST BOARD-UP INC.BOARD UP 2004 FOSTER 293.00 2205.62360 NORTHERN ILLINOIS POLICE ALARM EMERGENCY SERV. TEAM ASSESSMENT 3,300.00 2205.62360 NORTHERN ILLINOIS POLICE ALARM MEMBERSHIP ASSESSMENT 400.00 2205.65125 EVANSTON FUNERAL & CREMATION REMOVALS 590.00 2205.65125 EVANSTON FUNERAL & CREMATION REMOVALS 885.00 2205.64005 COMED MONTHLY CHARGES 111.79 2205.65085 A-MIDWEST BOARD-UP INC.BOARD UP 7650 N. SHERIDAN 293.00 2205.65085 A-MIDWEST BOARD-UP INC.BOARD UP 807 CHURCH-APT 501 293.00 2205.62360 NORTHERN ILLINOIS POLICE ALARM FIELD FORCE ASSESSMENT 805.00 2205.62225 SMITH MAINTENANCE COMPANY JANITORIAL SERVICES 330.49 2205.62225 SMITH MAINTENANCE COMPANY JANITORIAL SERVICES 2,713.49 10,014.77 2210 PATROL OPERATIONS 2210.65020 CARRASCO, PEDRO REIMB. UNIFORM PURCHASE 43.93 2210.65020 O'HERRON CO INC. BODY ARMOR 1,257.49 1,301.42 2215 CRIMINAL INVESTIGATION 2215.65105 CRICKET COMMUNICATION CHARGES 69.50 2215.65105 AT & T CELL SITE SEARCH 150.00 2215.65105 CRICKET COMMUNICATION CHARGES 69.50 2215.65105 CRICKET COMMUNICATION CHARGES 69.50 2215.65105 JP MORGAN ASSET MANAGEMENT SUBPOENA REVIEW 24.86 383.36 2225 SOCIAL SERVICES BUREAU 2225.62360 ASSOCIATION OF POLICE SOCIAL MEMBERSHIPS 80.00 2225.62370 CITY OF EVANSTON - PETTY CASH PETTY CASH REIMB.177.31 53 of 357 CITY OF EVANSTON, ILR5504003B BILLS LIST 02/26/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 257.31 2240 POLICE RECORDS 2240.65095 OFFICE DEPOT OFFICE SUPPLIES FY13 1,461.08 1,461.08 2245 COMMUNICATIONS 2245.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 1,968.32 1,968.32 2250 SERVICE DESK 2250.65085 CENTRAL RUG & CARPET CO.COMMERCIAL LOCATION CLEANING 80.00 2250.62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTIONS 176.00 2250.65040 HENRICHSEN FIRE & SAFETY FIRE EXTINGUISHERS 225.60 2250.65040 JOHNSON LOCKSMITH, INC.DOUBLE SIDED LOCK 21.35 2250.65040 LAPORT INC JANITORIAL SUPPLIES 36.59 2250.65040 LAPORT INC JANITORIAL SUPPLIES 43.44 2250.65040 LAPORT INC JANITORIAL SUPPLIES 45.72 2250.65040 LEMOI HARDWARE JANITORIAL SUPPLIES 20.84 2250.65040 LEMOI HARDWARE POOL NOODLE 97.85 2250.65040 SIMPLEX GRINNELL TIME CLOCK 446.00 2250.65040 JOHNSON LOCKSMITH, INC.BEST/FALCON KEY 51.00 1,244.39 2251 311 CENTER 2251.64505 VCG UNIFORM UNIFORMS 647.50 2251.64505 AT & T MOBILITY WIRELESS SERVICE 17.35 664.85 2255 OFFICE-PROFESSIONAL STANDARDS 2255.61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 96.60 2255.61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 23.10 119.70 2260 OFFICE OF ADMINISTRATION 2260.62295 MALNOR, TIMOTHY MEALS - LEAD HOMICIDE 60.00 2260.62295 MCCRAY, COREY MEALS - FIELD TRAINING OFFICER 60.00 2260.62295 MORGAN, SUSAN MEALS - POLICE EVIDENCE TECH.120.00 2260.62295 OSTAP, ANNA MEALS - INTERVIEWS & INTER.36.00 2260.62295 OSTAP, ANNA MEALS - ADV.INTERVIEW & INTER.12.00 2260.62295 POLINSKI, PERRY J MEALS - PUBLIC INFORMATION 60.00 2260.62295 REZA, IVAN MEALS - SEARCH & SEIZURE 36.00 2260.62295 SANTILLO, VINCE MEALS - LEIU TRAINING EVENT 60.00 2260.62295 SCHIENBEIN, TED MEALS - POLICE EVIDENCE TECH.120.00 2260.62295 SENESE, JEREMY MEALS - DRUGGED DRIVER 36.00 2260.62295 SENESE, JEREMY MEALS - POLICE EVIDENCE TECH.120.00 2260.62295 SVENDSEN, CORRIE MEALS - LEAD HOMICIDE 60.00 2260.62295 TAMBURRINO, CHRISTOPHER MEALS - BASIC NARCOTICS 60.00 2260.62295 TORTORELLO, CHRISTOPHER W MEALS - BASIC NARCOTICS 60.00 2260.62295 VELMA, OTIS MEALS - LEAD HOMICIDE 60.00 2260.62295 VILLAGE OF SKOKIE TRAINING REGISTRATION FEE 1,000.00 2260.62295 WHITEHEAD, ROBERT R MEALS - POLICE SNIPER WORKSHOP 160.00 2260.62295 WILSON, TOSHA L MEALS - INTERVIEWS & INTER.36.00 54 of 357 CITY OF EVANSTON, ILR5504003B BILLS LIST 02/26/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2260.62295 WILSON, TOSHA L MEALS - ADV.INTERVIEW & INTER.12.00 2260.62295 WRIGHT, JODY MEALS - LEAD HOMICIDE 60.00 2260.62295 NORTH EAST MULTI-REGIONAL TRAINING 50.00 2260.62295 CARMICHAEL, GRACE MEALS - FIELD TRAINING OFFICER 60.00 2260.62295 GLYNN, ELIZABETH MEALS - ADV.INTERVIEW & INTER.12.00 2260.62295 GLYNN, ELIZABETH MEALS - INTERVIEWS & INTER.36.00 2260.62295 FAISON, JEFFREY MEALS - JUV. SPECIALIST SKILLS 60.00 2260.62295 FAISON, JEFFREY MEALS - SCHOOL RESOURCE 60.00 2260.62295 NORTHWESTERN UNIVERSITY TRAINING 875.00 3,381.00 2270 TRAFFIC BUREAU 2270.65125 NORTH SHORE TOWING TOWING 90.00 90.00 2280 ANIMAL CONTROL 2280.62225 BETTER METHODS GARBAGE BAGS FY13 500.00 2280.62225 BETTER METHODS GARBAGE BAGS FY13 39.05 2280.62225 ANDERSON PEST CONTROL PEST CONTROL FEB. 2013 52.76 2280.65125 PETSMART CAT LITTER 20.97 2280.65125 PETSMART CAT LITTER 48.93 2280.64015 NICOR 0632 MONTHLY CHARGES 2,263.76 2,925.47 2285 PROBLEM SOLVING TEAM 2285.61055 RING, MARIANNE CONTRACT AGREEMENT 714.00 2285.61055 RING, MARIANNE CONTRACT AGREEMENT 1,054.00 1,768.00 2305 FIRE MGT & SUPPORT 2305.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 450.90 450.90 2315 FIRE SUPPRESSION 2315.62430 SMITH MAINTENANCE COMPANY JANITORIAL SERVICES 626.19 2315.56157 PRESENCE HEALTH RHC CORP CITIZEN CPR SUPPLIES 100.00 2315.62521 PHYSIO-CONTROL, INC.CARDIAC MONITOR SERVICE 1,530.00 2,256.19 2407 HEALTH SERVICES ADMIN 2407.65125 NAOMI RUTH COHEN INSTITUTE MENTAL HEALTH CONFERENCE 150.00 150.00 2435 FOOD AND ENVIRONMENTAL HEALTH 2435.65075 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 27.00 2435.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 73.98 100.98 2440 VITAL RECORDS 2440.53220 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES 2,084.00 2,084.00 2460 COMMUNITY PURCHASED SERVICES 2460.67125 INFANT WELFARE SOCIETY 4TH QUARTER - 2012 10,250.00 10,250.00 55 of 357 CITY OF EVANSTON, ILR5504003B BILLS LIST 02/26/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2605 DIRECTOR OF PUBLIC WORKS 2605.62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 39.00 2605.62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 39.00 2605.62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 39.00 2605.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 57.51 174.51 2610 MUNICIPAL SERVICE CENTER 2610.65020 SILK SCREEN EXPRESS, INC.FY2013 AFSCME UNIFORM PURCHASE 410.00 2610.62225 SMITHEREEN PEST MANAGEMENT RODENT CONTROL 93.00 2610.64005 COMED MONTHLY CHARGES 148.94 2610.62430 SMITH MAINTENANCE COMPANY JANITORIAL SERVICES 1,450.68 2610.65085 LEMOI HARDWARE TOOLS 15.00 2,117.62 2630 TRAFFIC ENGINEERING 2630.62275 U S POSTMASTER POSTAL PERMIT FUNDING 500.00 2630.52130 FISHER, ROGER REFUND-STICKER & PERMIT 15.00 515.00 2640 TRAF. SIG. & ST. LIGHT. MAINT 2640.64006 COMED MONTHLY CHARGES 393.31 2640.65070 ELCAST LIGHTING STREET LIGHT FIXTURE REPAIRS 1,440.00 2640.64007 COMED MONTHLY CHARGES 6,113.08 2640.64008 CONSTELLATION MONTHLY CHARGES 296.29 8,242.68 2665 STREETS AND SANITATION ADMINIS 2665.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 2,699.86 2,699.86 2670 STREET AND ALLEY MAINTENANCE 2670.65055 OZINGA CHICAGO RMC, INC.CONCRETE 1,374.00 2670.65055 OZINGA CHICAGO RMC, INC.CONCRETE 1,374.00 2670.62509 ZIMMERMAN, RYAN WEATHER BY REQUEST 525.00 3,273.00 2680 SNOW AND ICE CONTROL 2680.62451 MOBILE TRANSPORT LLC TOWING RETAINER - 3 TRUCKS 630.00 2680.62451 MONARCA TOWING SERVICE, INC. TOWING RETAINER - 1TRUCK 210.00 2680.62451 G & J TOWING TOWING RETAINER - 1TRUCK 210.00 2680.65015 MORTON SALT FY2013 ROCK SALT PURCHASE 45,453.88 2680.62451 FREEDOM TOWING, INC.TOWING RETAINER - 2TRUCKS 420.00 2680.62451 NORTH SHORE TOWING TOWING RETAINER - 1TRUCK 210.00 2680.62451 PONCH TOWING C/O FRANCISCO DEJ TOWING RETAINER - 1TRUCK 210.00 2680.62451 EMERGENCY ROAD SERVICE, INC. TOWING RETAINER - 1TRUCK 210.00 2680.62451 AUTO RECOVERY AND TOWING DIVIS TOWING RETAINER - 1TRUCK 210.00 2680.62451 AUTO CARRIER EXPRESS, INC. DBA TOWING RETAINER - 3TRUCKS 630.00 2680.62451 S & L TOWING INC TOWING RETAINER - 2TRUCKS 420.00 2680.62451 T-BONE TOWING TOWING RETAINER - 1TRUCK 210.00 2680.62451 ULRIC RECOVERY, INC.TOWING RETAINER - 1TRUCK 210.00 2680.62451 VIC'S TOWING, INC.TOWING RETAINER - 1TRUCK 210.00 2680.62451 WWF TOWING C/O JIMMY WILLIAMS TOWING RETAINER - 1TRUCK 210.00 2680.62451 ATLAS TOWING TOWING RETAINER - 1TRUCK 210.00 56 of 357 CITY OF EVANSTON, ILR5504003B BILLS LIST 02/26/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2680.62451 ALPHA CARRIER EXPERTS, INC.TOWING RETAINER - 3TRUCKS 630.00 2680.62451 LOUIE'S TOWING C/O JOSE L. NEG TOWING RETAINER - 1TRUCK 210.00 50,703.88 3005 REC. MGMT. & GENERAL SUPPORT 3005.65010 COMCAST CABLE PEG CABLE BOX 19.01 3005.62295 FERRERA, JAMES J SUPERVISOR TRAINING 234.04 3005.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 57.51 310.56 3010 REC. BUS. & FISCAL MGMT 3010.62705 PLUG & PAY TECHNOLOGIES ONLINE MERCHANT ACCOUNT 1/13 30.00 3010.65095 ILLINOIS PAPER COMPANY OFFICE PAPER BLANKET PO 2013 712.00 742.00 3015 COMMUNICATION & MARKETING SRVS 3015.62210 AMERICAN LITHOGRAPHY & PUBLISH PRINT CAMP GUIDE, MAIL AND 4,907.00 4,907.00 3020 RECREATION GENERAL SUPPORT 3020.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 57.51 57.51 3025 PARK UTILITIES 3025.64005 CONSTELLATION MONTHLY CHARGES 1,860.38 1,860.38 3030 CROWN COMMUNITY CENTER 3030.62507 POSITIVE CONNECTIONS, INC.WINTER BRK CAMP FIELD TRIP 1/4 87.00 3030.62507 POSITIVE CONNECTIONS, INC.WINTER BRK CAMP FIELD TRIP 1/2 217.50 3030.64005 CONSTELLATION MONTHLY CHARGES 2,658.30 2,962.80 3035 CHANDLER COMMUNITY CENTER 3035.65095 ILLINOIS PAPER COMPANY OFFICE PAPER 2013 138.40 3035.62507 POSITIVE CONNECTIONS, INC.WINTER CAMP FIELD TRIP BUS 1/4 271.88 3035.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 31.20 3035.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 40.38 3035.62507 POSITIVE CONNECTIONS, INC.WINTER CAMP FIELD TRIP BUS 1/4 87.00 3035.65110 WILL ENTERPRISES YOUTH SOCCER TSHIRTS 312.32 3035.65110 WILL ENTERPRISES BASKETBALL LEAGUE TSHIRTS 758.43 3035.62507 POSITIVE CONNECTIONS, INC.WINTER CAMP FIELD TRIP BUS 1/2 261.00 3035.64005 CONSTELLATION MONTHLY CHARGES 1,107.76 3,008.37 3040 FLEETWOOD JOURDAIN COM CT 3040.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 41.00 3040.65095 ILLINOIS PAPER COMPANY OFFICE PAPER 2013 128.40 3040.65025 CATHOLIC CHARITIES OF CHICAGO SENIOR CONGREGATE MEAL 640.50 3040.62495 ANDERSON PEST CONTROL PEST CONTROL - JANUARY 41.00 3040.64005 CONSTELLATION MONTHLY CHARGES 2,586.22 3040.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 61.60 3040.65040 LAPORT INC JANITORIAL SUPPLIES 247.98 3040.65110 CITY OF EVANSTON - PETTY CASH PETTY CASH REIMB.295.00 4,041.70 57 of 357 CITY OF EVANSTON, ILR5504003B BILLS LIST 02/26/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3050 RECREATION OUTREACH PROGRAM 3050.62495 ANDERSON PEST CONTROL PEST CONTROL - JANUARY 33.33 3050.65095 ILLINOIS PAPER COMPANY OFFICE PAPER 2013 128.40 3050.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 33.33 195.06 3055 LEVY CENTER SENIOR SERVICES 3055.65095 OFFICE DEPOT OFFICE SUPPLIES FY 2013 60.36 3055.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 27.16 3055.65040 LAPORT INC JANITORIAL SUPPLIES 43.87 3055.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 44.94 3055.64005 CONSTELLATION MONTHLY CHARGES 3,842.46 3055.62505 COMPUTER TRAINING & SUPPORT COMPUTER INSTRUCTION 240.00 3055.62245 J & K MOBILE REPAIR EQUIPMENT REPAIR 200.00 3055.62505 KASPIK, ARLENE M SQUARE DANCE INSTRUCTION 580.00 3055.62210 ALLEGRA PRINT & IMAGING LEVY NEWS LETTER PRINTING 591.00 3055.65095 ILLINOIS PAPER COMPANY OFFICE PAPER 120.30 3055.65040 LAPORT INC JANITORIAL SUPPLIES 453.02 3055.56045 ILLINOIS DEPT OF REVENUE *SALES TAX - JANUARY 2013 41.00 3055.65025 CATHOLIC CHARITIES OF CHICAGO SENIOR CONGREGATE MEAL 2,668.75 3055.62505 SMITH, ANYA BLAKEMAN ECT ASSIST DIRECTOR SPRING2013 475.00 3055.62210 QUARTET COPIES WIZARD OF OZ ECT FLYERS 160.00 3055.62505 KOLAKOWSKI, DONALD DIRECTOR ECT SPRING 2013 1,250.00 10,797.86 3080 BEACHES 3080.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 77.95 3080.64005 CONSTELLATION MONTHLY CHARGES 110.98 188.93 3085 RECREATION FACILITY MAINT 3085.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 59.44 59.44 3095 CROWN ICE RINK 3095.65095 ILLINOIS PAPER COMPANY OFFICE PAPER 2013 225.60 3095.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 79.00 3095.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 79.00 3095.62245 JORSON & CARLSON BLADE SHARPENING 35.49 3095.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 101.31 3095.64005 CONSTELLATION MONTHLY CHARGES 7,974.89 3095.62245 JORSON & CARLSON BLADE SHARPENING 35.49 3095.62245 JORSON & CARLSON BLADE SHARPENING 35.49 8,566.27 3130 SPECIAL RECREATION 3130.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 27.16 3130.62490 MCGAW YMCA RENTAL OF YMCA POOL 3,061.25 3,088.41 3140 BUS PROGRAM 3140.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 27.16 27.16 58 of 357 CITY OF EVANSTON, ILR5504003B BILLS LIST 02/26/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3150 PARK SERVICE UNIT 3150.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 54.32 54.32 3505 PARKS & FORESTRY GENERAL SUP 3505.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 609.03 3505.65010 REINDERS, INC.SERVICE MANUAL 56.79 665.82 3605 ECOLOGY CENTER 3605.64005 CONSTELLATION MONTHLY CHARGES 467.59 3605.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 60.72 3605.56045 ILLINOIS DEPT OF REVENUE *SALES TAX - JANUARY 2013 67.00 3605.62507 POSITIVE CONNECTIONS, INC.ECO FREEZE FIELD TRIP BUS 1/3 195.75 3605.62490 PRINCE CORPORATION BIRD SEED FOR RESALE 770.19 1,561.25 3610 ECO-QUEST DAY CAMP 3610.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 13.22 13.22 3710 NOYES CULTURAL ARTS CTR 3710.65110 CHICAGO SPOTLIGHT EMERGENCY REPAIR THEATRE LIGHT 1,791.00 3710.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 73.43 3710.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 35.58 3710.64005 CONSTELLATION MONTHLY CHARGES 1,300.70 3,200.71 3720 CULTURAL ARTS PROGRAMS 3720.65095 OFFICE DEPOT OFFICE SUPPLIES 59.60 3720.62490 ALT, JANE NOYES GALLERY SALE 1,275.00 1,334.60 3805 FACILITIES ADMINISTRATION 3805.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 78.01 3805.65095 DUSTCATCHERS, INC.CIVIC CTR FL MATS (1) YR SVCS 229.00 3805.64005 COMED MONTHLY CHARGES 58.44 365.45 3806 CIVIC CENTER SERVICES 3806.65040 LAPORT INC JANITORIAL SUPPLIES CIVIC CTR 136.26 3806.65040 LAPORT INC JANITORIAL SUPPLIES CIVIC CTR 222.50 3806.65040 LAPORT INC JANITORIAL SUPPLIES CIVIC CTR 316.32 3806.65040 LAPORT INC JANITORIAL SUPPLIES CIVIC CTR 45.80 3806.65040 LAPORT INC JANITORIAL SUPPLIES CIVIC CTR 136.26 3806.65040 LAPORT INC JANITORIAL SUPPLIES CIVIC CTR 619.38 3806.65040 LAPORT INC JANITORIAL SUPPLIES CIVIC CTR 14.58 3806.65040 LAPORT INC JANITORIAL SUPPLIES CIVIC CTR 81.94 3806.65040 LAPORT INC JANITORIAL SUPPLIES CIVIC CTR 115.80 3806.62225 SMITH MAINTENANCE COMPANY JANITORIAL SERVICES 4,411.17 3806.62225 ANDERSON PEST CONTROL PEST CONTROL 464.20 3806.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 177.21 3806.64005 COMED MONTHLY CHARGES 1,736.01 3806.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 107.72 59 of 357 CITY OF EVANSTON, ILR5504003B BILLS LIST 02/26/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3806.64015 NICOR 0632 MONTHLY CHARGES 119.38 8,704.53 3807 CONSTRUCTION AND REPAIRS 3807.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 862.06 862.06 247,353.79 00205 EMERGENCY TELEPHONE SYSTEM 5150 EMERGENCY TELEPHONE SYSTM 5150.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 1,482.18 5150.62509 PREON POWER MAINT. AGREEMENT 1,425.00 5150.64505 AT & T 8100 COMMUNICATION CHARGES 475.49 5150.64540 VERIZON WIRELESS (25505)WIRELESS SERVICE 2,774.73 5150.65085 MOTOROLA SOLUTIONS, INC.COMMUNICATION CHARGES 1,482.30 5150.62509 MOTOROLA SOLUTIONS, INC.POLICE SERVICE AGREEMENT RENEWAL 19,272.69 26,912.39 26,912.39 00225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 5300.62136 KANE, MCKENNA AND ASSOCIATES RFP 12-39 CONSULTING SERVICES 700.00 5300.65095 TEUTEBERG INC DATE STAMP 61.30 5300.62185 HBRA ARCHITECTS INC RFP 12-125 DOWNTOWN EVANSTON 2,489.30 5300.62136 KANE, MCKENNA AND ASSOCIATES RFP 12-39 CONSULTING SERVICES 875.00 4,125.60 4,125.60 00240 HOME FUND 5430 HOME FUND 5430.65535 HOUSING OPPORTUNITY DEVELOPMENT 131 CALLAN REHAB PROJECT 58,948.38 5430.65535 HOUSING OPPORTUNITY DEVELOPMENT 131 CALLAN REHAB PROJECT 16,410.85 75,359.23 75,359.23 00250 AFFORDABLE HOUSING FUND 5465 AFFORDABLE HOUSING 5465.62770 INTERFAITH HOUSING CENTER TENANT LANDLORD SERVICES 15,000.00 15,000.00 15,000.00 00300 WASHINGTON NATL TIF DEBT SERV 5470 WASHINGTON NAT'L TIF DS 5470.62185 HBRA ARCHITECTS INC RFP 12-125 DOWNTOWN EVANSTON 2,489.30 2,489.30 60 of 357 CITY OF EVANSTON, ILR5504003B BILLS LIST 02/26/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2,489.30 00415 CAPITAL IMPROVEMENTS FUND 415176 CIVIC CTR PRK LOT LIGHTING IMP 415176.65653 JASCO ELECTRIC CORPORATION CIVIC CENTER PARKING LOT 65,258.23 65,258.23 415663 NOYES ROOF PROJECT 415663.62205 CHICAGO TRIBUNE ADVERTISE FOR 2013 NOYES 759.00 759.00 415826 FIRE STATION #4 REHAB 415826.62205 CHICAGO TRIBUNE ADVERTISEMENT FOR INTERIOR 803.00 803.00 415937 PEDESTRAN SAFETY SIGNS & PVMT 415937.65515 TRAFFIC & PARKING CONTROL ADAPTER PLATE 1,754.54 415937.65515 TRAFFIC & PARKING CONTROL 1 SET SCHOOL CROSSING SIGNS 6,144.60 7,899.14 74,719.37 00505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 7005.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 290.19 7005.62431 GARDA CL GREAT LAKES, INC.MONTHLY INVOICE 2,597.53 7005.62431 GARDA CL GREAT LAKES, INC.MONTHLY INVOICE 1,334.03 4,221.75 7015 PARKING LOTS & METERS 7015.62245 TOTAL PARKING SOLUTIONS, INC. MAINTENANCE LOT 14-1 YEAR 1,360.00 7015.64005 COMED MONTHLY INVOICE 356.15 7015.53510 COOK COUNTY COLLECTOR *PARKING TAX - JANUARY 2013 240.00 7015.65070 TOTAL PARKING SOLUTIONS, INC. RECEIPT PAPER FOR TERMINALS 339.00 7015.62245 TOTAL PARKING SOLUTIONS, INC. MONITORING-LOT 14- 1 YEAR 780.00 7015.65070 IPS GROUP, INC.MONTHLY INVOICE 413.90 7015.62375 706 MAIN STREET, LLC PROPERTY RENTAL-LOT 15-TAXES 2,748.19 7015.64005 COMED MONTHLY INVOICE 292.78 6,530.02 7025 CHURCH STREET GARAGE 7025.53500 COOK COUNTY COLLECTOR *PARKING TAX - JANUARY 2013 2,106.50 7025.62425 OTIS ELEVATOR COMPANY ELEVATOR DATA PLATES 555.00 7025.64005 CONSTELLATION MONTHLY CHARGES 4,676.48 7025.53515 HOMESTEAD ACCESS CARD REFUND 25.00 7025.53515 COHEN, COURTNEY ACCESS CARD REFUND 25.00 7025.53515 PALUMBO, JOE ACCESS CARD REFUND 25.00 7,412.98 7036 SHERMAN GARAGE 7036.53515 HALL, RYAN ACCESS CARD REFUND 25.00 7036.53515 FARRELL, CAITLIN ACCESS CARD REFUND 25.00 7036.53515 ROSEMEYER, MARY ELLEN ACCESS CARD REFUND 25.00 7036.53515 DEUESH, SHAWN ACCESS CARD REFUND 25.00 7036.53515 SELAK, HARIS ACCESS CARD REFUND 25.00 61 of 357 CITY OF EVANSTON, ILR5504003B BILLS LIST 02/26/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7036.53515 HERRERA, NATALIA ACCESS CARD REFUND 25.00 7036.53515 BARANWAL, NITESH ACCESS CARD REFUND 25.00 7036.53515 MOHSENZADEH, SHIVA ACCESS CARD REFUND 25.00 7036.62425 THYSSENKRUPP ELEVATOR QUARTERLY MAINT PYMNT 221.46 7036.62660 INLAND AMERICAN RETAIL MNG MAINTENANCE FOR COMMON AREA 7,016.41 7036.64005 CONSTELLATION MONTHLY CHARGES 14,257.96 7036.53500 COOK COUNTY COLLECTOR *PARKING TAX - JANUARY 2013 4,343.25 26,039.08 7037 MAPLE GARAGE 7037.53515 PATTERSON, ANDREA ACCESS CARD REFUND 25.00 7037.53515 ZAVOROTNY, ANNA ACCESS CARD REFUND 25.00 7037.53515 BUDZINSKI, ADAM ACCESS CARD REFUND 25.00 7037.53515 SU, JOLEEN ACCESS CARD REFUND 25.00 7037.53515 BELUE, WAYNE ACCESS CARD REFUND 25.00 7037.53515 BATCHELOR, TAKEYA ACCESS CARD REFUND 25.00 7037.53515 HARVEY, MARK ACCESS CARD REFUND 25.00 7037.53515 DYER, JIM ACCESS CARD REFUND 25.00 7037.53515 KIGURADGE, TINA ACCESS CARD REFUND 25.00 7037.53515 LEVORSEN, DREW ACCESS CARD REFUND 25.00 7037.53515 GEBHART, AMANDA ACCESS CARD REFUND 25.00 7037.53515 JAY, ERIC ACCESS CARD REFUND 25.00 7037.53500 COOK COUNTY COLLECTOR *PARKING TAX - JANUARY 2013 2,918.25 7037.64005 CONSTELLATION MONTHLY CHARGES 8,927.23 7037.53510 COOK COUNTY COLLECTOR *PARKING TAX - JANUARY 2013 440.00 7037.64015 NICOR 0632 MONTHLY INVOICE 83.96 7037.62425 OTIS ELEVATOR COMPANY ELEVATOR DATA PLATES 925.00 7037.53515 CHANDI, PRADEER ACCESS CARD REFUND 25.00 13,619.44 700506 SHERMAN GARGAE REPAIRS 700506.65515 JASCO ELECTRIC CORPORATION REPAIR LIGHT POLE-SHERMAN GARA 5,072.00 5,072.00 700511 COMPREHSV SIGN PACKAGE 700511.65515 URBAN WORK, LTD COMPREHENSIVE SIGN ANALYSIS 6,876.68 6,876.68 69,771.95 00510 WATER FUND 510 WATER FUND 510.22700 BLATZ, SUSAN *WATER BILL REFUND 150.00 510.10220 CITY OF EVANSTON - PETTY CASH PETTY CASH REIMB.195.06 345.06 7100 WATER GENERAL SUPPORT 7100.62315 FEDERAL EXPRESS CORP.SHIPPING 23.16 7100.64505 BYTRONICS, INC.DIG TRACK - JAN. 2013 100.00 7100.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 208.28 7100.65095 OFFICE DEPOT OFFICE SUPPLIES FY13 UTILITIES 293.22 7100.56140 ILLINOIS DEPT OF REVENUE *SALES TAX - JANUARY 2013 118.00 7100.62420 METROPOLITAN WATER RECLAMATION ANNUAL EASEMENT AGREEMENT FEE 7,199.24 62 of 357 CITY OF EVANSTON, ILR5504003B BILLS LIST 02/26/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7100.53575 FEDERAL EXPRESS CORP.SHIPPING 116.45 7100.53575 FEDERAL EXPRESS CORP.SHIPPING 159.51 7100.62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 39.00 8,256.86 7105 PUMPING 7105.64005 CONSTELLATION MONTHLY CHARGES 61,923.90 7105.65055 PETROLIANCE LLC DRUM DEPOSIT, ENVIRONMENTAL 75.00 7105.65055 PETROLIANCE LLC MOBILGREASE XTC - PAIL 101147 187.25 7105.65055 PETROLIANCE LLC MOBILUX EP 2 (PAIL) 105763 420.48 7105.65055 PETROLIANCE LLC MOBIL PEGASUS 805-DRUM 105462 2,465.10 7105.65035 PETROLIANCE LLC MED PLUSGUARD UNIVERSAL-DRUM 1,287.00 7105.64015 NICOR 0632 MONTHLY CHARGES 26.06 7105.65055 PETROLIANCE LLC ESTIMATED SHIPPING FEE 98.82 7105.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 162.96 66,646.57 7110 FILTRATION 7110.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 162.96 162.96 7115 DISTRIBUTION 7115.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 373.33 373.33 7120 WATER METER MAINTENANCE 7120.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 85.98 85.98 7125 OTHER OPERATIONS 7125.62460 THIRD MILLENNIUM ASSOC PRINT & MAIL OF WATER/SEWER 757.39 7125.62455 THIRD MILLENNIUM ASSOC WATER/SEWER & RECYCLING BILLS 2,000.00 2,757.39 78,628.15 00513 WATER-DEPR, IMPROV & EXTENSION 733078 SCADA SYSTEM IMPROVEMENTS 733078.65515 ALLAN INTEGRATED CONTROL SYS SCADA SYSTEM UPGRADES 26,680.00 26,680.00 26,680.00 00515 SEWER FUND 7400 SEWER MAINTENANCE 7400.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 233.03 233.03 233.03 00520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 7685.62405 WELLS FARGO BANK- SWANCC FY2013 OPERATIONS & MGMT SWANCC 46,242.55 7685.62415 GROOT RECYCLING & WASTE SERVIC FY2013 RESIDENTIAL REFUSE JAN. 135,467.00 7685.62415 GROOT RECYCLING & WASTE SERVIC FY2013 RESIDENTIAL REFUSE FEB. 135,467.00 7685.56155 ILLINOIS DEPT OF REVENUE *SALES TAX - JANUARY 2013 13.00 7685.68310 WELLS FARGO BANK- SWANCC FY2013 CAPITAL COST SWANCC 2,681.15 63 of 357 CITY OF EVANSTON, ILR5504003B BILLS LIST 02/26/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 319,870.70 7690 RESIDENTIAL RECYCLING COL 7690.64005 COMED MONTHLY CHARGES 530.32 530.32 320,401.02 00600 FLEET SERVICES 7705 GENERAL SUPPORT 7705.65095 OFFICE DEPOT OFFICE SUPPLIES FLEET SERVICES 13.99 7705.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 108.18 122.17 7710 MAJOR MAINTENANCE 7710.65060 CHICAGO INTERNATIONAL TRUCKS, HOSE 122.87 7710.65060 CHICAGO INTERNATIONAL TRUCKS, GASKET & FILTER 14.72 7710.65060 CHICAGO INTERNATIONAL TRUCKS, FUEL FILTERS 21.04 7710.65060 CHICAGO INTERNATIONAL TRUCKS, EGR VALVE & HARNESS 843.05 7710.65060 CHICAGO INTERNATIONAL TRUCKS, EGR SENSOR 282.56 7710.65060 CHICAGO INTERNATIONAL TRUCKS, EGR VALVE 443.04 7710.65060 CHICAGO INTERNATIONAL TRUCKS, GARRENT HOOK #717 10.08 7710.65060 CHICAGO INTERNATIONAL TRUCKS, INLET THROTTLE VALVE 255.28 7710.65060 CHICAGO INTERNATIONAL TRUCKS, MIRROR BRACKET KITS 220.84 7710.65060 CHICAGO INTERNATIONAL TRUCKS, MIRROR KITS 185.42 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 122.78 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 122.78 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 166.26 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 166.26 7710.65035 CITY WELDING SALES & SERVICE WELDING GASES 145.53 7710.65035 CITY WELDING SALES & SERVICE WELDING GASES 81.48 7710.65060 COUNTRY GAS CO.CYLND. RENTAL 29.95 7710.65060 CUMBERLAND SERVICENTER DIPSTICK ASSYM.342.76 7710.65060 CUMMINS NORTHERN IL., INC HARDWARE 299.50 7710.65060 DOUGLAS TRUCK PARTS 2 TRUCK LIGHTS 130.26 7710.65060 DOUGLAS TRUCK PARTS 30 WIPER BLADES 131.50 7710.65060 DOUGLAS TRUCK PARTS LED TRUCK LIGHT 300.00 7710.65060 DOUGLAS TRUCK PARTS 3 MUD FLAPS 68.24 7710.65060 DUXLER TIRE & CAR CENTER ALIGNMENT #810 117.00 7710.65060 DUXLER TIRE & CAR CENTER ALIGNMENT #448 69.00 7710.65060 E. J. EQUIPMENT, INC.OUTSIDE REPAIR #954 4,209.17 7710.65060 FASTENAL COMPANY SUPPLIES 95.96 7710.65060 FOSTER COACH SALES, INC.10 FILTERS-M7 UNITS 754.89 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC FAN CLUTCH #322 1,926.81 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC ROLL UP DOOR SWITCH 44.85 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC WASHER ASSYM.72.69 7710.65060 GRAINGER, INC., W.W.PISTOL GRIP DRILL 115.84 7710.65060 GROVER WELDING COMPANY SHOPE REPAIR STEEL RACKS 1,075.00 7710.65060 GROVER WELDING COMPANY PLOW REPAIR #542 632.27 7710.65060 GROVER WELDING COMPANY RUSTED PART REMOVAL/REPAIR #58 739.80 7710.65060 HIGH PSI LTD.HYDROL. HOSE/CONNECTORS 216.40 7710.65060 INLAND POWER GROUP OIL LEAK REPAIR #325 1,034.10 64 of 357 CITY OF EVANSTON, ILR5504003B BILLS LIST 02/26/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 LAWSON PRODUCTS, INC.30 LINCH PINS 64.80 7710.65060 LEACH ENTERPRISES, INC.BRAKE PAD #323 241.35 7710.65060 LEMOI HARDWARE JUNCTION BOX #932 32.03 7710.62240 METRO TANK AND PUMP COMPANY PUMP REPAIR #8 1,137.96 7710.65060 NORTH SHORE TOWING TOW & HOOK - MEDIUM DUTY 217.50 7710.65060 ORLANDO AUTO TOP SEAT REPAIR #576 395.00 7710.65060 RG SMITH EQUIPMENT COMPANY TOOL BOX 450.00 7710.65060 RG SMITH EQUIPMENT COMPANY OUTSIDE REPAIR #681 2,021.92 7710.65060 SIGLER'S AUTOMOTIVE & BODY SHOP OUTSIDE REPAIR #541 1,691.61 7710.65060 STANDARD EQUIPMENT COMPANY TOWING AND INSPECTION #668 977.30 7710.65060 STANDARD EQUIPMENT COMPANY CANLIFT TIPPER VALVE 278.94 7710.65060 TERMINAL SUPPLY CO.ELECTICAL SUPPLIES 99.42 7710.65060 VERMEER MIDWEST BEARING FLANG 59.04 7710.65060 WHOLESALE DIRECT INC WATER PROOF REMOTE 108.37 7710.65060 BUCK BROTHERS, INC.V-BELT 69.25 7710.65085 MARCH, KENNETH TOOL ALLOWANCE -2013 550.00 7710.65050 ADVANCED PROCLEAN, INC.MOBILE POWER WASHING SERVICE 572.00 7710.65060 CARQUEST EVANSTON SYNTHETIC OIL 699.00 7710.65060 CARQUEST EVANSTON AIR FILTERS 9.69 7710.65060 CARQUEST EVANSTON AM/FM/CD RADIO #667 113.99 7710.65060 CARQUEST EVANSTON RADIATOR CAP 4.31 7710.65060 CARQUEST EVANSTON AIR FILTERS 80.58 7710.65060 CARQUEST EVANSTON SPARK PLUG BOOT 2.68 7710.65060 CARQUEST EVANSTON SPARK PLUG BOOT 3.74 7710.65060 CARQUEST EVANSTON AIR FILTERS 19.08 7710.65060 CARQUEST EVANSTON TIE ROD END OUTER #802 135.94 7710.65060 CARQUEST EVANSTON HI-POP FILTERS 91.39 7710.65060 CARQUEST EVANSTON WATER PUMP 105.64 7710.65060 CARQUEST EVANSTON TIRE SEALER 5.51 7710.65060 CARQUEST EVANSTON MOTOR OIL 22.02 7710.65060 CARQUEST EVANSTON AIR FILTERS 31.96 7710.65060 CARQUEST EVANSTON SENSOR 43.99 7710.65060 CARQUEST EVANSTON BRAKE ROTOR/PADS 425.42 7710.65060 CARQUEST EVANSTON DISC GUIDE PINS #576 11.54 7710.65060 CARQUEST EVANSTON HYDRL. FITTINGS 54.90 7710.65060 CARQUEST EVANSTON OIL SEAL 14.96 7710.65060 CARQUEST EVANSTON HYDRL. FITTINGS 149.52 7710.65060 CARQUEST EVANSTON FUEL CAP 10.23 7710.65060 GOLF MILL FORD SHIFTER INDICATOR 34.28 7710.65060 GOLF MILL FORD TMP BOND & SENSOR 131.76 7710.65060 GOLF MILL FORD HEAD LIGHT 7.84 7710.65060 GOLF MILL FORD WATER PUMP PULLEY 22.15 7710.65060 GOLF MILL FORD RUNNING BOARD 302.50 7710.65060 GOLF MILL FORD RUNNING BOARD KITS 510.00 7710.65060 GOLF MILL FORD 4WD MODULE #643 236.99 7710.65060 GOLF MILL FORD ABS MODUAL REPLACEMENT 791.32 7710.65060 INTERSTATE BATTERY OF NORTHERN VEHICLE EQUIPMENT BATTERY 44.95 7710.65060 INTERSTATE BATTERY OF NORTHERN VEHICLE EQUIPMENT BATTERY 349.28 7710.65060 INTERSTATE BATTERY OF NORTHERN VEHICLE EQUIPMENT BATTERY 918.44 7710.65035 PALATINE OIL COMPANY, INC FUEL PURCHASES FOR 2013 25,454.38 65 of 357 CITY OF EVANSTON, ILR5504003B BILLS LIST 02/26/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65035 PALATINE OIL COMPANY, INC BULK OIL & ANTIFREEZE PURCHASE 3,760.00 7710.65065 WENTWORTH TIRE SERVICE NEW TIRE PURCHASE FOR 2013 6,298.94 7710.65065 WENTWORTH TIRE SERVICE NEW TIRE PURCHASE FOR 2013 244.18 7710.65065 WENTWORTH TIRE SERVICE NEW TIRE PURCHASE FOR 2013 30.41 7710.65065 WENTWORTH TIRE SERVICE NEW TIRE PURCHASE FOR 2013 511.21 7710.65060 WIRFS INDUSTRIES INC.FIRE EQUIPMENT ANNUAL INSPECTION 2,459.93 7710.65060 1ST AYD CORP.ULTRA WIPE GREASE & SOLVENT 407.01 7710.65060 1ST AYD CORP.SPRAY PAINT 209.06 7710.65060 A & A TRANSMISSION CORP.OUTSIDE REPAIR #2001 391.70 7710.65060 A & A TRANSMISSION CORP.OUTSIDE REPAIR #2000 614.74 7710.65060 A & A TRANSMISSION CORP.PMA & COOLANT FLUSH 366.78 7710.65060 A & A TRANSMISSION CORP.OUTSIDE REPAIR #2013 706.53 7710.65060 A & A TRANSMISSION CORP.OUTSIDE REPAIR #2011 489.42 7710.65060 A & A TRANSMISSION CORP.OUTSIDE REPAIR #2006 450.32 7710.65060 AETNA TRUCK PARTS, INC.DIRECTIONAL LED 205.72 7710.65060 AETNA TRUCK PARTS, INC.SPRING GUARD 45.94 7710.65060 AETNA TRUCK PARTS, INC.FILTERS 84.94 7710.65060 AETNA TRUCK PARTS, INC.INJECTION CLEANER 96.00 7710.65060 AETNA TRUCK PARTS, INC.SALT SPREADER MOTOR 170.00 7710.65060 ALLTECH AUTO INC.OUTSIDE REPAIR #759 599.60 7710.65060 BUCK BROTHERS, INC.FILTERS 224.84 7710.65060 CARQUEST EVANSTON BRAKE ROTOR RETURN 84.48- 7710.65060 CARQUEST EVANSTON BRAKE HARDWARE RETURN 22.96- 7710.65060 CARQUEST EVANSTON OIL SEALS RETURN 70.46- 7710.65060 CARQUEST EVANSTON PARTS RETURN 68.80- 7710.65060 CHEMSEARCH MAX LITE EARPLUGS 24.98 7710.65060 CHICAGO INTERNATIONAL TRUCKS, OUTSIDE ENGINE REPAIR #449 1,363.99 74,925.99 75,048.16 00605 INSURANCE FUND 7800 RISK MANAGEMENT 7800.65550 JENNINGS CHEVROLET VEHICLE REPAIR & BODY WORK 15,391.06 15,391.06 15,391.06 00700 FIREFIGHTERS PENSION FUND 8000 FIREFIGHTERS' PENSION 8000.61755 BURKE BURNS & PINELLI, LTD.*LEGAL FEES 1,355.25 1,355.25 1,355.25 1,033,468.30 TOTAL 66 of 357 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT AFFORDABLE HOUSING 5465.65505 GREATER ILLINOIS TITLE CO.EMERSON SQUARE #3 55,809.33 55,809.33 HOME 5430.65535 GREATER ILLINOIS TITLE CO.EMERSON SQUARE #3 1,833.67 VARIOUS BRINSHORE DEVELOPMENT LLC NSP2 REAL ESTATE ACTIVITIES #44 57,220.54 VARIOUS BRINSHORE DEVELOPMENT LLC NSP2 REAL ESTATE ACTIVITIES #43 1,817.93 5430.65535 U. S. DEPT.OF HOUSING & URBAN DEV.REIMBURSE HUD TR TO 2041 DARROW 18,707.23 VARIOUS BRINSHORE DEVELOPMENT LLC NSP2 REAL ESTATE ACTIVITIES #45 29,961.35 109,540.72 INSURANCE VARIOUS VARIOUS WORKER'S COMP 6,031.40 VARIOUS VARIOUS CASUALTY LOSS 14,505.20 VARIOUS VARIOUS WORKER'S COMP 1,170.94 VARIOUS VARIOUS CASUALTY LOSS 1,650.00 23,357.54 NSP2 VARIOUS BRINSHORE DEVELOPMENT LLC NSP2 REAL ESTATE ACTIVITIES #44 126,516.99 VARIOUS BRINSHORE DEVELOPMENT LLC NSP2 REAL ESTATE ACTIVITIES #43 290,182.89 VARIOUS CHICAGO TITLE & TRUST NSP2 ACQ. 2037 BROWN 69,928.06 VARIOUS BRINSHORE DEVELOPMENT LLC NSP2 REAL ESTATE ACTIVITIES #45 121,125.11 607,753.05 SEWER 7620.68305 IEPA LOAN DISBURSEMENT SEWER FUND 164,784.38 7565.68305 IEPA LOAN DISBURSEMENT SEWER FUND 180,453.35 7621.68305 IEPA LOAN DISBURSEMENT SEWER FUND 128,528.36 473,766.09 1,270,226.73 Grand Total 2,303,695.03 PREPARED BY DATE APPROVED BY DATE CITY OF EVANSTON BILLS LIST PERIOD ENDING 02/26/2013 67 of 357 For City Council meeting of February 25, 2013 Item A3.1 Business of the City by Motion: Contract for Granular Materials For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Utilities Director Lara Biggs, Superintendent – Construction & Field Services Subject: Contract for 2013 Granular Materials (Bid No. 13-05) Date: February 13, 2013 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a one-year contract for the purchase of Granular Materials (Bid 13-05) with G & M Trucking, Inc. (8811 Kathy Lane, Des Plaines, IL) in the amount of $34,747.50. Funding is provided by the Water Fund and the Sewer Fund. Funding Source: Funding for FY 2013 will be as follows: Water Fund (Account 7115.65055) $20,000 Sewer Fund (Account 7400.65055) $20,000 These two accounts have a total of $40,000 budgeted for this contract for FY 2013. Funding for FY 2014 will be budgeted based on expected workloads. Summary: The Granular Materials contract provides for the purchase of bulk granular materials for use by the Water & Sewer Divisions. The materials being purchased are used in conjunction with the maintenance and repair of the water distribution and sewer conveyance systems throughout the City of Evanston. This contract is for one-year with an optional one-year contract extension. The bid for granular materials was advertised on January 10, 2013 in the Evanston Review and on Demandstar. Bids were opened and publicly read on February 5, 2013. Two (2) bids were received. The vendors submitting the bids were as follows: Memorandum 68 of 357 Vendor Information: Vendor Address G & L Contractors, Inc. 7401 N. St. Louis Avenue, Skokie, IL G & M Trucking, Inc. 8811 Kathy Lane, Des Plaines, IL The submitted bids cannot be withdrawn or canceled for a period of sixty (60) calendar days following the bid opening, or until April 6, 2013. The bids were reviewed by Lara Biggs, Superintendent of Construction & Field Services. Below is a bid tabulation summary showing the bid result from the vendors that submitted bids. A detailed summary of bids is attached as Exhibit A. Pricing Summary: Vendor Price G & M Trucking, Inc. $34,747.50 G & L Contractors, Inc. $35,300.00 Granular Materials were last bid in 2011. In 2012, the City extended the 2011 contract for one year at no increase in price. The table below shows this historical pricing of this contract. Item 2011 & 2012 Pricing (per Ton) 2013 Pricing (per Ton) 1 Crushed Limestone, Grade 8: CA-6 $14.25 $15.00 2 Wash Stone: CA 7/11 (3/4”) $17.00 $19.75 3 Fine Aggregate Sand: FA-6 $13.00 $14.25 There are no sub-contracting abilities related to the purchase of granular materials. A letter regarding the City’s M/W/EBE policy is attached. The references for G&M Trucking were checked and found to be good. Attachments: Bid Tabulation for Bid 13-05, 2013 Granular Materials MWEBE Memorandum 69 of 357 EXHIBIT A Summary of Bids 2013 Granular Materials, Bid No. 13-05 G & M Trucking G & L Contractors Bid Item Description Estimated Quantity Units Unit Price Extended Price Unit Price Extended Price 1 Crushed Limestone, Grade 8: CA-6 2,000 ton $15.00 $30,000.00 $15.50 $31,000.00 2 Wash Stone: CA 7/11 (3/4”) 60 ton $19.75 $1,185.00 $17.50 $1,050.00 3 Fine Aggregate Sand: FA-6 250 ton $14.25 $3,562.50 $13.00 $3,250.00 Total $34,747.50 $35,300.00 70 of 357 Bid No. 13-05, Contract for 2013 Granular Materials, M/W/EBE Waiver, G & M Trucking, Inc., 2-14-13 To: David Stoneback, Utilities Director From: Joseph McRae, Deputy City Manager Subject: Bid No. 13-05 Contract for 2013 Granular Materials Date: February 14, 2013 The goal of the Minority, Women, and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City has established a 25% M/W/EBE subcontracting participation goal for general contractors. However, Bid No. 13- 05 Contract for 2013 Granular Materials precludes subcontracting opportunities. Therefore, a waiver is granted. Cc: Martin Lyons, Assistant City Manager/CFO Memorandum 71 of 357 Page 1 of 2 For City Council meeting of February 25, 2013 Item A3.2 Business of the City by Motion: Garda Armored Car Services For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Rickey A. Voss, Revenue/Parking Manager Subject: Renewal of the Contract with Garda Armored Car Services not to exceed amount of $75,000 effective December 1, 2012 through November 30, 2013. Date: February 13, 2013 Recommended Action: Staff recommends Council approval of the second optional year of the original two (2) year contract with three (3) optional years with Garda Armored Car Services (2100 W. 21st Street, Broadview, IL) for a not to exceed amount of $75,000 effective December 1, 2012 through November 30, 2013. Funding Source: General Fund -- Finance/Revenue: 1910.62431 Parking Fund: 7005.62431 Summary: The City utilizes armored car services for the purpose of coin, cash and check pick up that have been counted and bagged from various City buildings for deposit at the bank; coins collected from City owned parking meters for counting and electronic transfer to the bank; and the purchase of change (dollar bills and coins). On September 29, 2009, the City Council approved staff’s recommendation to award a two year contract with the option to renew for three additional years with Garda Armored Car Services. The Garda increase for the second (2nd) optional year is 4.8 percent per contract dated September 2009. The lump sum cost submitted by Garda for primary armored car services is as follows: Service Type Garda Pick-up of Deposits Counted and Bagged $27,791 Pick-up of Coins Not Counted and Bagged $16,009 Memorandum 72 of 357 Page 2 of 2 Total: $43,800 Costs for Counted and Bagged Deposit Pick-ups Cost submittals above is for base services not including wait time fees, change runs, holiday service, and charges for excess items. The table below itemizes the additional costs by Garda. Additional Charges Garda Cost per excess item $0.15 Excess minutes 1.75 - 9 minutes Unscheduled Pick-ups $ 32.50 Change Run Same Day $ 32.50 Change Run Next Day No charge Holiday Charges $45 per trip Deposit Bags $50 per month It is estimated that these ancillary charges will be an additional $3,000 -5,000 in a given year depending on the volume of business. Costs for Pick-up of Parking Meter Revenues The annual fee listed above for coins not counted and bagged includes the cost per canister of coin counted as well as estimates for ancillary charges based on historical trends. The analysis includes approximately 358 canisters picked-up per month. In addition to requesting a basic service cost, pricing for ancillary charges such as number of minutes allowed and items allowed before excess charges are applied, and coin verification charges per item were requested. Besides the monthly service fee for collecting the canisters containing the coins from the parking meters, the main expense for this service is coin verification. Please see the table below that demonstrates the cost for coin verification by Garda. Service Charge Garda Projected # of items to be collected 4200 Coin verification charge per item $6.89 2012/13 Coin Verification Charge $28,938 Garda has provided excellent service during the first three (3) years (2) year contract, working with staff to keeping costs to a minimum. ---------------------------------------------------------- Attachments: Copy of Professional Services Agreement dated 12/08/2009 73 of 357 74 of 357 75 of 357 76 of 357 77 of 357 78 of 357 79 of 357 80 of 357 81 of 357 82 of 357 83 of 357 84 of 357 85 of 357 86 of 357 87 of 357 To: Honorable Mayor and Members of the City of Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Lonnie Jeschke, Manager, Fleet Services Division Jewell Jackson, Manager, Purchasing and Contracts Subject: One Year Contract Award with Three One-Year Options from ATR Transmissions Date: January 18, 2013 Recommended Action: Staff recommends City Council approval of a one-year bid award with three, one-year option renewals for transmission repairs from ATR Transmissions (401 Terrace Drive, Mundelein, Illinois 60060) in the amount of $28,615.00 annually as a result of Bid # 12- 183. Funding Source: Funding is provided by the Major Maintenance account (7710.65060), which has a total budget of $950,000.00 for FY 2013. Of the total budget, $30,000 is allocated for the purchase of transmission repairs for sedans, vans and medium-sized trucks. Summary: On January 8, 2013, a sealed bid opening was held for Bid # 12-183. Only one bid was received in the amount $28,615.00 from ATR Transmissions. Background: When the bid specification was created and completed, staff from Fleet Services identified a number of potential bidders including Evanston-based businesses who might be capable and interested in providing these types of repairs. This information was obtained from the online Evanston Business Directory, existing vendors and from an online search via the internet. The potential vendor list was provided to the Purchasing Division with the technical specifications so that these potential vendors would be sent the entire bid packet that this request was going out for bid. In addition, the bid was published in the Pioneer Press, the City’s website and communicated to Memorandum For City Council meeting of February 25, 2013 Item A3.3 Business of the City by Motion: Transmission Repairs Award – ATR Transmission For Action 88 of 357 Council in the weekly Friday Packet. A summary of the direct communications to potential bidders (bid packet sent to them) and follow-up responses for bidding and not bidding is contained within the table below: Vendor Name (Bid Packets Sent) Location Bid Response Reason for No Bid A& A Transmissions 1322 Dodge Avenue, Evanston Illinois No Apologizes, thought bid was due on 1-16-13 versus 1-8- 13. J&B Transmissions 1905 Greenleaf Street, Evanston Illinois No Claims he was unaware of 2:00 P.M. deadline and date due. Duxler Complete Auto 2620 Green Bay Road, Evanston, Illinois No Claim they did not receive bid packet. Purchasing verified it was sent. Doc Able’s Auto Clinic 936 Chicago Avenue, Evanston, Illinois No They did not respond to a follow up e-mail sent by Purchasing. Golf Crawford Auto Service 9555 Crawford Avenue, Evanston, Illinois No Not feasible to respond without VIN #’s of vehicles. Variations in types of labor and parts pricing. Value Transmissions 8241 Skokie Boulevard, Skokie, Illinois No They did not respond to a follow up e-mail sent by Purchasing. Gator Transmission 100 Mc Henry Road, Wheeling, Illinois No They did not respond to an e-mail sent by Purchasing. ATR Transmissions 401 Terrace Drive, Mundelein, Illinois Yes Staff recommends approval of Bid Award to this firm. King Transmissions 180 W. Grand Ave, Elmhurst, Illinois No They did not respond to an e-mail sent by Purchasing As a result of this follow-up, staff recommends awarding this bid to ATR Transmissions since they were responsive and responsible in completing all of the requirements of this bid solicitation. Attachments MWEBE Memo 89 of 357 Bid No. 12-183, Contract for Transmission Repair, M/W/EBE Waiver, ATR Transmission Remanufacturing, Inc., 2-18-13 To: Suzette Robinson, Director of Public Works From: Joseph McRae, Deputy City Manager Subject: Bid No. 12-183 Contract for Transmission Repair Date: February 18, 2013 The goal of the Minority, Women, and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City has established a 25% M/W/EBE subcontracting participation goal for general contractors. However, RFP 12-183 Contract for Transmission Repair precludes subcontracting opportunities. Therefore, a waiver is granted. Cc: Martin Lyons, Assistant City Manager/CFO Memorandum 90 of 357 For City Council meeting of February 25, 2013 Item A3.4 Business of the City by Motion: Purchase of Concrete For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works James Maiworm, Superintendent of Streets and Sanitation Subject: Contract Extension for Purchase of Concrete Date: February 25, 2013 Recommended Action: Staff recommends City Council approval of a one year contract extension for the purchase of 350 cubic yards of concrete at a cost of $97 per cubic yard, 200 cubic yards of high early strength concrete at a cost of $118.00 per cubic yard, and 50 cubic yards of flowable fill at a cost of $86.00 per cubic yard to Ozinga Ready Mix Concrete, Inc. (2222 South Lumber Street, Chicago, IL) for a total of $64,000, which includes no price increase over last year. Funding Source: Funding is provided by the FY 2013 General Fund Street and Alley Account (2670.65055) in the amount of $48,800 ($125,000 budgeted), the Water Fund Account (7115.65051) in the amount of $7,600 ($27,600 budgeted), and the Sewer Fund Account (7400.65051) in the amount of $7,600 ($27,600 budgeted). Summary: In May 2011, staff solicited bids for the purchase of concrete. The proposed contract was for a one-year period with the right to extend the contract for up to four, one-year periods. This is the second one-year contract extension. Per the terms of the contract, staff has negotiated with Ozinga RMC, Inc. to establish the purchase price based on the market conditions and other competitive bid pricing in the area. Based on market conditions, no price increase will occur this year. Ozinga’s Evanston plant has been the provider of concrete for the Public Works Department’s in- house street and sidewalk maintenance program for over ten years. The contract terms include a provision in which the City can increase or decrease the quantities of concrete purchased by 30%. Memorandum 91 of 357 Page 2 of 2 To ensure that the price quoted by Ozinga was competitive, staff solicited quotes from two additional vendors for 350 cubic yards of basic concrete and received verbal quotes of $99.50 per cubic yard and $106 per cubic yard. The 97.00 bid price from Ozinga is the lowest quote and $.04 less than last year’s quote from Ozinga. Therefore, staff recommends awarding a one-year contract extension for concrete to Ozinga. Attachment MWEBE Memo 92 of 357 Bid No. 12-33, Contract for Purchase of Concrete/Flowable Fill Material, M/W/EBE Compliance Approval, Ozinga Ready Mix Concrete, Inc., 2-19-13 To: Suzette Robinson, Director of Public Works From: Joseph McRae, Deputy City Manager Subject: Contract Extension for Bid No. 12-33 Purchase of Concrete/Flowable Fill Material Date: February 19, 2013 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to Bid No. 12-33, Contract Extension for Purchase of Concrete/Flowable Fill Material, Ozinga Ready Mix Concrete, Inc. is found to be in initial compliance with the goal because they are a certified M/W/EBE. Ozinga Ready Mix Concrete, Inc.’s total base bid is $64,000.00, and will receive 100% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Ozinga Ready Mix Concrete, Inc., 2525 Oakton St., Evanston, IL 60202 Concrete $64,000.00 100% X Total M/W/EBE $64,000.00 100% Cc: Martin Lyons, Assistant City Manager/CFO Memorandum 93 of 357 Page 1 of 1 For City Council meeting of February 25, 2013 Item A3.5 Business of the City by Motion: Allocation for Evanston 4th of July Association For Action To: Honorable Mayor and Members of the City Council Administrative and Public Works Committee From: Wally Bobkiewicz, City Manager Matt Swentkofske, Intergovernmental Affairs Coordinator Subject: Allocation of $10,000 to the Evanston 4th of July Association Date: February 25, 2013 Recommended Action: Staff recommends allocating $10,000 to the Evanston 4th of July Association for the celebration in 2013. This one-time contribution is in honor of the sesquicentennial birthday of the City of Evanston and will be used towards a variety of musical acts. The parade is organized by the Evanston 4th of July Association — a private, volunteer group. Outside of this one-time contribution, all aspects of the Celebration are funded by voluntary contributions from businesses and individuals. The Evanston 4th of July Association provides a full and comprehensive day of City- wide activities beginning with the morning sports and playground games, continuing the afternoon parade, and ending with the evening concert at Dawes Park and award winning musical fireworks extravaganza. The $10,000 contribution will provide more financial resources to fund musical acts during the celebration. Funding Source: Account 1575.62490 - Evanston 150 Grants Other Program Costs Legislative History: On September 5, 2012 the Rules Committee approved allocating $25,000 for requests to fund City-wide anniversary events. Memorandum 94 of 357 For City Council meeting of February 25, 2013 Item A3.6 Business of the City by Motion: Oracle Maintenance & Support agreement For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Treasurer Jose Calderon, Division IT Manager Jennifer Spaulding, Applications and Development Manager Subject: Renewal of Annual Oracle (EnterpriseOne) Maintenance and Support Agreement Date: February 25th, 2013 Recommended Action: Staff recommends approval to renew the annual sole source maintenance and support agreement for the term March 1, 2013 through February 28, 2014 with Oracle Corporation (20 Davis Drive, Belmont, California) for the City's EnterpriseOne software in the amount of $136,717.32, a decrease of $12,657.40 (8.4%) off the original 2013 renewal price. In preparation of the City’s migration towards the New World Financial System, staff was able to eliminate support on portions of EnterpriseOne maintenance and support agreement and reduce cost to the City. Payments to Oracle Corporation will be made quarterly in four equal payments of $34,179.33. Funding Source: Funding is provided by the Computer Licensing and Support operating account in the Information Technology Division. Account: 1932.62340 – 2013 Budget $167,000. Summary: Annual maintenance and support agreements are standard in the technology industry and are typically assessed by software companies to continuously improve software applications as well as to fund support centers with skilled employees for customers in order to resolve problems as quickly as possible. The City, as a customer with an active maintenance and support agreement, has access to all available fixes, updates, upgrades and enhancements to the software as well as access to online and telephone customer support. Memorandum 95 of 357 In addition to support requests, the City routinely applies system updates to fix system program bugs as well as download Oracle software updates/patches for Federal and State regulatory changes, primarily related to the payroll module. Annual maintenance also includes critical year-end updates specific to Payroll and Accounts Payable wage reporting (W2 and 1099). This is a sole source request because the only option for comprehensive maintenance and support of the EnterpriseOne application is the Oracle Corporation as the developer and distributor of the software. There are independent third-party businesses that provide support for Oracle software through their own customized programming and fixes. Given that the City will be in the process of converting two mission critical systems (payroll and accounts payable), staff does not feel the risk is worth the potential savings achieved by going with a third party support vendor. History: The City’s current Enterprise system, EnterpriseOne, was implemented in 2003. On December 10, 2012 City Council approved a contract with New World Systems to replace EnterpriseOne. Alternatives: Currently, there are no practical alternatives to this renewal. City staff has investigated the possibility of a third-party provider for support. Third-party support providers advertise as much as 50% savings over Oracle’s annual support but come with a sizeable amount of risk. The software code that comprises EnterpriseOne is proprietary to Oracle. Any third-party modifications to the software to repair problems would not be supported by Oracle, thus eliminating access to any software upgrades or updates released by Oracle and making it difficult and costly to return to Oracle for support during 2013/14 if necessary. ------------------------------------------------------------------------------------- Attachments: Oracle Service Contract 96 of 357 Page 1 of 8 Service Contract Number: P-JD-M02368-000--82 RL_v051910 11-Feb-13 Jose Calderon City of Evanston 2100 RIDGE AVENUE EVANSTON IL 60201 United States Dear Jose Calderon The technical support services and benefits provided under service contract number P-JD-M02368-000--82 will expire, or have expired, on 28-Feb-13. Please find attached an ordering document for the renewal of this service contract. If applicable, the attached ordering document may describe services that you have ordered that are in addition to the services that you are renewing. To ensure that there is no interruption to the technical support services and benefits provided under service contract number P-JD-M02368-000--82, please order the technical support services on this ordering document by issuing a form of payment acceptable to Oracle in accordance with the attached Order Processing Details section on or before 18-Feb-13. Take advantage of a promotion to purchase a 20% discounted, prepaid Learning Credit account from Oracle University. This promotion is valid 90 days prior to and 30 days following the expiration date of your service contract specified above. This promotion is not valid in conjunction with any other Oracle University discounts or promotions, for US public-sector customers, or as otherwise prohibited by law. A minimum order of USD1,000 is required. Please visit http://education.oracle.com/renewaloffer for more details and to order your prepaid Learning Credit account. If further information is required, please contact me at the e-mail address or telephone number provided below. Regards, Ryan Pike Oracle Support Services E-mail: ryan.pike@oracle.com Tel.: (719) 757-3300 Fax: (719) 757-4256 97 of 357 Page 2 of 8 Service Contract Number: P-JD-M02368-000--82 RL_v051910 Ordering Document Service Contract #:P-JD-M02368-000--82 Renewal Contact:Ryan Pike Offer Expires:28-Feb-13 Payment Terms:NET 30 DAYS from date of invoice Telephone:(719) 757-3300 Fax:(719) 757-4256 Billing Terms: Quarterly in arrears E-mail:ryan.pike@oracle.com CUSTOMER: City of Evanston QUOTE TO BILL TO Account Contact:Jose Calderon Account Contact:Accounts Payable Account Name:City of Evanston Account Name:City of Evanston Address:2100 RIDGE AVENUE Address:2100 RIDGE AVENUE EVANSTON IL 60201 United States EVANSTON IL 60201 United States Telephone:847 866-2921 Telephone: Fax: Fax: E-mail:jcalderon@cityofevanston .org E-mail: Oracle may provide certain information and notices about technical support via e-mail. Accordingly, please verify and update the Quote To and Bill To information above to ensure that such communications and notices are received from Oracle. If changes are required, please e-mail or fax the updated information to Ryan Pike at ryan.pike@oracle.com or (719) 757-4256. Please also include service contract number P-JD-M02368-000--82 on such reply. 98 of 357 Page 3 of 8 Service Contract Number: P-JD-M02368-000--82 RL_v051910 Service Details Service Level: Software Update License & Support End Date: 28-Feb-14 Product Description: JD Edwards Support Bundle Start Date 1-Mar-13 Subtotal: USD 136,717.32 Total Amount: USD 136,717.32 99 of 357 Page 4 of 8 Service Contract Number: P-JD-M02368-000--82 RL_v051910 plus applicable tax Notes: 1. If any of the fields listed above are blank, then such field(s) does not apply for the applicable programs and/or hardware. 2. If a change to the Service Details provided above is required, please contact Ryan Pike at (719) 757-3300 or at ryan.pike@oracle.com and an updated ordering document will be provided to you. 100 of 357 Page 5 of 8 Service Contract Number: P-JD-M02368-000--82 RL_v051910 GENERAL TERMS "You" and "your" refers to the Customer provided above. In the event that the Customer and the Quote To Account Name provided above are not the same, City of Evanston represents that Customer has authorized City of Evanston to execute this ordering document on Customer's behalf and to bind Customer to the terms described herein. City of Evanston agrees that the ordered services shall be used solely by the Customer and shall advise Customer of the terms of this ordering document as well as information and notices about technical support that Oracle provides to City of Evanston during the term of service. Customer agrees that even if the Customer and the Bill To Account Name above are different, that: a) Customer has the ultimate responsibility for payments under this ordering document; and, b) any failure of City of Evanston to make timely payment under this ordering document shall be deemed to be Customer's breach of this ordering document; and, c) in addition to any other remedies available to Oracle, it may terminate Customer's support for such nonpayment of fees. The technical support services acquired under this ordering document are governed by the terms and conditions of the agreement that you executed for technical support from the vendor of the programs and/or hardware listed in the Service Details section above (i.e. Oracle, a vendor acquired by Oracle, or an authorized reseller of Oracle or of the acquired vendor). However, any use of the programs and/or hardware, which includes by definition the updates and other materials provided or made available by Oracle under technical support, is subject to the rights granted for the programs and/or hardware set forth in the order in which the programs and/or hardware were acquired. Technical support is provided under Oracle's technical support policies in effect at the time the services are provided. The technical support policies are subject to change at Oracle's discretion; however, Oracle will not materially reduce the level of services provided for supported programs and/or hardware during the period for which fees for technical support have been paid. You should review the technical support policies prior to entering into this ordering document. The current version of the technical support policies may be accessed at http://www.oracle.com/us/support/policies/index.html. Customers who allow technical support to lapse may be subject to Oracle's reinstatement policy in effect at the time of reinstatement. 101 of 357 Page 6 of 8 Service Contract Number: P-JD-M02368-000--82 RL_v051910 Order Processing Details Your order is subject to Oracle's acceptance. An order consists of the following: (i) this ordering document, which incorporates by reference the agreement that you executed for technical support from the vendor of the programs and/or hardware listed in the Service Details section above (i.e. Oracle, a vendor acquired by Oracle, or an authorized reseller of Oracle or of the acquired vendor), and (ii) a form of payment acceptable to Oracle. Oracle normally accepts orders after receipt of a purchase order, check or credit card issued in accordance with the Purchase Order, Check, Credit Card Confirmation section below. If Oracle accepts your order, the service start date is the effective date of such order and also serves as the commencement date of the technical support services. Please note that if the pre-tax value of this ordering document is USD $2,000 or less, the technical support services on this ordering document must be paid either by credit card or electronic upload of a PO to the Online site. Once ordered, technical support for the support period defined above is non-cancelable and the related fees are non-refundable. An invoice will only be issued upon receipt of a form of payment acceptable to Oracle. Regardless of the form of payment, Oracle's invoice includes applicable sales tax, GST, or VAT (collectively referred to as " tax"). If City of Evanston is a tax exempt organization, a copy of City of Evanston's tax exemption certificate must be submitted with City of Evanston's purchase order, check, credit card or other acceptable form of payment. PURCHASE ORDER,CHECK,CREDIT CARD CONFIRMATION Purchase Order If the technical support services on this ordering document will be ordered and paid under a purchase order, the purchase order must include the following information: -Service Contract #: P-JD-M02368-000--82 -Term of Service: 1-Mar-13 to 28-Feb-14 -Final Total: USD (excluding applicable tax) -Local Tax, if applicable In issuing a purchase order, City of Evanston agrees that the terms of this ordering document and the terms of the agreement described above supersede the terms in the purchase order or any other non-Oracle document, and no terms included in any such purchase order or other non-Oracle document shall apply to the technical support services ordered. Please e-mail or fax the purchase order to Oracle per the Remittance Details provided below. Check If the technical support services on this ordering document will be ordered and paid by check, the check must include the following information: -Service Contract #: P-JD-M02368-000--82 -Term of Service: 1-Mar-13 to 28-Feb-14 -Final Total: USD (excluding applicable tax) -Local Tax, if applicable 102 of 357 Page 7 of 8 Service Contract Number: P-JD-M02368-000--82 RL_v051910 In issuing a check, City of Evanston agrees that only the terms of this ordering document and the terms of the agreement described above shall apply to the technical support services ordered. No terms attached or submitted with the check shall apply. Please mail check payments per the Remittance Details provided below. Credit Card Confirmation If the technical support services on this ordering document will be ordered and paid under a credit card, please complete the section below and return it to Oracle per the Remittance Details provided below. Please note that Oracle is unable to process credit card transactions of USD100,000 or greater. -Service Contract #: P-JD-M02368-000--82 -Term of Service: 1-Mar-13 to 28-Feb-14 -Final Total:USD (excluding applicable tax) __________________________________ Credit Card Number __________________________________ Expiration Date __________________________________ Billing Address (associated with Credit Card) __________________________________ City, State, and Zip (associated with Credit Card) __________________________________ Authorized Signature __________________________________ Name The credit card must be valid for the entire Term of Service above. In issuing this credit card confirmation, City of Evanston agrees that only the terms of this ordering document and the terms of the agreement described above shall apply to the technical support services ordered. No terms attached or submitted with the credit card confirmation shall apply. REMITTANCE DETAILS Purchase orders or credit card details for the technical support services ordered hereto should be sent to: Attn:Ryan Pike Oracle Support Services Fax:(719) 757-4256 E-mail: ryan.pike@oracle.com 103 of 357 Page 8 of 8 Service Contract Number: P-JD-M02368-000--82 RL_v051910 Checks for the technical support services ordered hereto should be sent to: AK, AZ, CA, HI, ID, NV, OR, UT, WA: Oracle America, Inc PO Box 44471 San Francisco, CA 94144-4471 All Other States: Oracle America, Inc PO Box 203448 Dallas, TX 75320-3448 104 of 357 For City Council meeting of February 25, 2013 Item A4 Business of the City by Motion: Change Order for SCADA Engineering Services For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Utilities Director Lara Biggs, Superintendent – Construction & Field Services Subject: Approval of Change Order No. 3 for Evanston Water Utility SCADA Phase III Engineering Services (RFP 08-74) Date: February 14, 2013 Recommended Action: Staff recommends that the City Council authorize the City Manager to execute Change Order No. 3 in the amount of $6,250 and grant a time extension of 60 calendar days, to the agreement with CDM Smith, Inc. (125 South Wacker Drive, Suite 600, Chicago, IL), for the Evanston Water Utility SCADA Phase III Engineering Services (RFP 08-74). Funding Source: Funding is provided by the Water Fund Account 733078. Background Information: The Supervisory Control And Data Acquisition (SCADA) system is used to monitor and control water treatment plant operations as well as to collect critical data required for reporting to the Illinois Environmental Protection Agency. Originally installed in 1982, the existing system was upgraded in 1993, but it has become difficult to maintain since replacement parts are no longer available. In May 2008, the City Council approved an agreement with CDM Smith for an initial study and then preparation of performance specifications and drawings for the replacement of SCADA system at the Evanston Water Utility. In June 2009, the City approved an extension of the contract with CDM Smith for Phase III Engineering Services, to provide oversight of the contractor that would perform the design/build portion of the new SCADA system. The design/build contract to install the SCADA system was awarded to Allan Integrated Control Systems (Allan ICS) in May 2011. This contract established a completion date of December 30, 2012. In November 2012 the City Council approved a no cost, time Memorandum 105 of 357 extension to the contract with Allan ICS extending the contract completion date to April 30, 2013. The two previous change orders to the contract with CDM Smith were for: Change Order 1 – This change order was for the production and delivery of 32 sets of bid documents in the amount of $3,066.28. There was no time extension associated with this change order. Change Order 2 – This change order extended the contract completion date to February 28, 2013 to accommodate the delay in bidding the project until sufficient funding was available. Summary: A previous change order with the contractor installing the SCADA equipment, Allan ICS, was granted extending the contract completion date to April 30, 2013. However, the contract with CDM Smith, overseeing the contractor’s work, was not extended at the same time. This proposed change order will extend the contract completion date for CDM Smith to the same date. Since only minimal observation was required while the equipment was being manufactured, the engineer has sufficient hours remaining in the original contract to perform the observation work through April without any increase in cost. The additional cost requested in this change order is to have CDM Smith purchase programming software and install it onto a laptop computer provided by the City. This software will allow City staff to make programming changes to the SCADA software in the different control panels located at various locations throughout the treatment plant and at the remote sites. The total change order amount is $6,250, of which $5,700 is for the purchase of the programming software and $550 is for the labor to install the programming software onto the laptop. A summary of the project funding is as follows: Extended Agreement – SCADA System Phase III Engineering Services (approved by City Council on May 9, 2011) $ 168,843.00 Change Order No. 1 – Printing of bid sets (executed on July 7, 2011) $ 3,066.28 Change Order No. 2 – Time Extension to February 28, 2013 (executed on August 31, 2011) $ 0.00 Change Order No. 3 – Time Extension to April 30, 2013 and (under consideration by the City Council) $ 6,250.00 Revised Agreement Amount $ 178,159.28 Attachments: Proposed Change Order No. 3 106 of 357 107 of 357 108 of 357 109 of 357 For City Council Meeting of February 25, 2013 Item A5 Resolution 12-R-13: City Bike Plan Update 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., Engineering Division Manager Rajeev Dahal, Senior Traffic Engineer Subject: Resolution 12-R-13 City’s Bike Plan Update Date: February 13, 2013 Recommended Action: Staff recommends approval of the Resolution 12-R-13 authorizing the City Manager to enter into an Intergovernmental Agreement with the Chicago Metropolitan Agency for Planning (CMAP) to seek staff and consulting services to update the City’s Bike Plan. Funding Source: CMAP will fund $100,000 for the bike plan update project. Summary: The Public Works Department’s grant application to Chicago Metropolitan Ag ency for Planning (CMAP) to update the City’s Bike Plan has been successful. Staff is preparing a Request for Proposal (RFP) to select a consultant. The goals of the project are to gather feedback from residents and stakeholders via a robust community engagement plan, review the current City Bike Plan analyzing existing conditions and conduct a needs assessment, review and assess best practices, and recommend facilities network improvements and policies. Attachments: Copy of Resolution 12-R-13 Memorandum 110 of 357 2/11/2013 12-R-13 A RESOLUTION Accepting Staff Assistance Services Delivered by the Chicago Metropolitan Agency for Planning (CMAP) for the City’s Bike Improvement Plan, and Authorizing the City Manager to Enter Into an Intergovernmental Agreement with CMAP WHEREAS, pursuant to Section 10 of Article VII of the Illinois Constitution of 1970, and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., public agencies may contract or otherwise associate among themselves, or transfer any powe r or function, in any manner not prohibited by law or ordinance; and WHEREAS, the City of Evanston (“City”) and the Chicago Metropolitan Agency for Planning (“CMAP”) are “public agencies” within the meaning of the Illinois Intergovernmental Cooperation Act; and WHEREAS, per Resolution 2-R-13, the City applied for financial assistance through the Congestion Mitigation and Air Quality Control (“CMAQ”) Program, administered by CMAP, to assist the City in retaining consulting services for the Bicycle Improvement Plan, and said financial assistance was granted; and WHEREAS, the City applied for staff assistance services through CMAP for the City’s Bicycle Improvement Plan; and WHEREAS, the City’s request for such assistance has been recommended by CMAP as a priority project; and WHEREAS, CMAP adopted the GO TO 2040 Plan as the long-range regional comprehensive plan for the seven-county Chicago region, encompassing 111 of 357 12-R-13 - 2 - Cook, DuPage, Kane, Kendall, Lake, McHenry and Will counties, and is providing staff assistance as a means of advancing the plan’s implementation; and WHEREAS, the City and CMAP have agreed on the general contents of a Memorandum of Understanding (“MOU”) and a Scope of Services that will guide staff assistance services to be provided by CMAP, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: The City Council supports the Bicycle Improvement Plan. SECTION 2: The City Council accepts the offer of staff assistance services by CMAP and recognizes that these services are provided for the purpose of advancing the implementation of GO TO 2040. SECTION 3: The City Manager and designated staff are hereby authorized to finalize and execute a Memorandum of Understanding with an attached Scope of Services with CMAP for staffing assistance and CMAQ financial assistance, and are further authorized to negotiate and execute an Intergovernmental Agreement with CMAP to secure staffing assistance and CMAQ financial assistance related to the City’s Bicycle Improvement Plan, substantially conforming to the Agreement attached hereto as Exhibit A and incorporated herein by reference. SECTION 4: The City Council recognizes that provisions that govern the administration of staff assistance services, and, if necessary, the discontinuance of such services, are included in the Memorandum of Understanding. SECTION 5: This resolution shall be in full force and effect from and after its passage and approval, in the manner provided by law. 112 of 357 12-R-13 - 3 - ______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2013 113 of 357 12-R-13 - 4 - EXHIBIT A 114 of 357 1 CMAP contract #__________________ AGREEMENT between Chicago Metropolitan Agency for Planning and City of Evanston THIS AGREEMENT, entered into on this______________________, by and between the Chicago Metropolitan Agency for Planning (herein called the “CMAP”), a body politic and corporate created by the State of Illinois, and the City of Evanston, 2100 Ridge Ave. Evanston, IL 60201 (herein called the “Grantee”). WITNESSETH WHEREAS, the Grantee has made application to CMAP for funding to prepare an update to the Evanston Bicycle Improvement Plan (hereafter called the “Project”). The grant application submitted by the Grantee on August 1 2012, (Attachment 1) is incorporated by reference into this Agreement with full force and effect, as if fully set forth herein; and WHEREAS, the Grantee’s application has been approved by CMAP; and WHEREAS, CMAP desires to provide funding to the Grantee to complete the Project with a contractor who has been selected through a formal procurement process; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Engagement of Grantee. CMAP hereby agrees to provide funding to the Grantee and the Grantee hereby agrees to procure assistance from a qualified contractor to complete the Project. 2. Funding Source. The funding source for this contract is the Illinois Department of Transportation (IDOT). The IDOT is not a party to this agreement. CFDA Number 20.205; Federal Highway Administration (FHWA); Illinois Highway Planning & Research Program. 3. Scope of Services. The Grantee shall perform and carry out in a satisfactory and proper manner, as determined by CMAP, the tasks described in the grant application (Attachment 1). In addition to the tasks described in the grant application, the Grantee is also responsible for establishing a steering committee to guide work on this project, as well as conducting a thorough public engagement process; these responsibilities can be fulfilled either directly by the Grantee or with assistance from a qualified contractor. 4. Procurement of Contractor. The Grantee is responsible for administering the procurement for the contractor and management of the contract secured through that procurement. All procurement transactions for Contractual Services shall be conducted in a manner that provides maximum open and free competition. The GRANTEE shall also conduct a RFP process meeting the following minimum procedural requirements: 115 of 357 2 Request for Proposal (RFP): Competitive negotiation procedures shall be used to procure services having a total value of more than $10,000. The RFP shall be publicized, proposals shall be solicited from an adequate number of qualified sources, negotiations are normally conducted with more than one source, and a cost reimbursement contract shall be awarded based on a technical evaluation of the proposals received. Award may be made to the responsible offeror whose proposal will be most advantageous to the procuring party, price and other factors considered. Unsuccessful offerors should be notified promptly. The Grantee shall include a requirement in all contracts with third parties that the contractor or consultant will comply with the requirements of this Agreement in performing such contract, and that the contract is subject to the terms and conditions of this Agreement. The Grantee shall maintain records sufficient to detail the significant history of the procurement. These records shall include, but are not necessarily limited to: information pertinent to rationale for the method of procurem ent, selection of contract type, contractor selection or rejection, and basis for the cost or price. No Grantee employee shall participate in the procurement of products or services if a conflict of interest, real or apparent, would be involved. No employee shall solicit or accept anything of monetary value from bidders or suppliers. 5. Subcontracts. a. Any subcontractors or outside associates or consultants required by the Grantee in connection with the services covered by this Agreement will be limited to such individuals or firms as are obtained through the Request for Proposal process. The selection of contractor(s) is prohibited without prior written consent of CMAP. Any substitutions in or additions to such subcontractors, associates or consultants will be subject to the prior approval of CMAP. b. All subcontracts for work under this Agreement shall contain those applicable provisions which are required in this Agreement. c. The Grantee may not subcontract services agreed to under this Agreement without prior written approval of CMAP. 6. Time of Performance. The services of the Grantee are to commence as soon as practicable after the execution of this Agreement and shall be undertaken and completed to assure their expeditious completion. This contract terminates on December 31, 2014. No extensions of this contract are possible. 7. Funding Compensation. CMAP agrees to reimburse the Grantee on a monthly basis. It is expressly agreed and understood that in no event will the total compensation exceed the maximum sum of $100,000 for all services provided hereunder. 8. Allowable Charges. No expenditures or charges shall be included in the cost of the Project and no part of the money paid to the Grantee shall be used by the Grantee for expenditures or charges that are: (i) contrary to provisions of this Agreement or the latest budget approved by a duly-authorized official of CMAP; (ii) not directly for the carrying of the Project;(iii) of a regular and continuing nature, except that of salaries and wages of appointed principal executives of the Contractor who have not been appointed specifically for the purposes of directing the Project, who devote official time directly to the Project under specific assignments, and respecting whom adequate records of the time devoted to and services performed for the Project are maintained by the Contractor may be considered as proper costs of the Project to the extent of the time thus devoted and recorded if they are otherwise in accordance with the provisions hereof; or (iv) incurred without the consent of CMAP after 116 of 357 3 written notice of the suspension or termination of any or all of CMAP’s obligations under this Agreement. 9. Reports and Methods of Payment. Based on services performed, Grantee may submit invoices as frequently as once a month. All invoices are to be submitted through email to: accounting@cmap.illinois.gov Payment will be made within thirty (30) days of receipt of the invoice unless there is a discrepancy regarding the invoice. Transfer of funds will be made electronically. Notification of the transfer will be made to you. Please provide the following information: Bank Name: ____________________________________________________ Telephone No.: __________________________________________________ Account No.: ____________________________________________________ Bank ACH Routing No.: ___________________________________________ Grantee email address for confirmation: _____________________________ DUNS No. ______________________________________________________ Invoices must be accompanied by appropriate documentation from the contractor(s) that have been procured by the Grantee for the purposes of carrying out the Project. CMAP wil l reimburse the Grantee only for allowable expenses incurred by the contractor. Subject to the conditions of this Agreement, CMAP will honor invoices in amounts deemed by it to be proper to insure the carrying out of the approved scope of services and shall be obligated to pay the Grantee such amounts as may be approved by CMAP. Invoices shall detail expenses and amount of time spent on the CMAP project. If an invoice is not acceptable, CMAP shall promptly provide the Grantee a written statement regarding its ineligibility or deficiencies to be eliminated prior to its acceptance and processing. 10. Audit and Access to Records. a. The Grantee and its subcontracts under this Agreement shall preserve and produce upon request of the authorized representatives of CMAP all data, records, reports, correspondence and memoranda of every description of the Grantee and its subcontractors, if any, under this Agreement relating to carrying out this Agreement for the purposes of an audit, inspection or work review for a period of three (3) years after completion of the project, except that: (1) If any litigation, claim or audit is started before the expiration of three-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. (2) Records for nonexpendable property acquired with federal funds shall be retained for three years after its final disposition. b. The Grantee shall include in all subcontracts, if any, under this Agreement a provision that CMAP will have full access to and the right to examine any pertinent books, documents, papers, and records of any such subcontractor involving transactions related 117 of 357 4 to the subcontract for three (3) years from the final payment under that subcontract except that: (1) If any litigation, claim or audit is started before the expiration of three-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. (2) Records for nonexpendable property acquired with federal funds shall be retained for three years after its final disposition. The term “subcontract” as used in this clause excludes purchase orders not exceeding $2,500. 11. Agreements. This Agreement constitutes the entire agreement between the parties hereto. Any change proposed by either party to this Agreement shall be submitted to the other party for its prior approval. No modification, addition, deletion, etc., to this Agreement shall be effective unless such changes are reduced to writing and executed by the authorized representatives of both parties. 12. Suspension. If the Grantee fails to comply with the special conditions and/or the general terms and conditions of this Agreement, CMAP may, after written notice to the Grantee, suspend the Agreement and withhold further payments or prohibit the Grantee from incurring additional obligations of funds pending corrective action by the Grantee. If corrective action has not been completed within sixty (60) calendar days after service of written notice of suspension, CMAP shall notify the Grantee in writing that the Agreement has been terminated by reason of default in accordance with paragraph 11 hereof. CMAP may determine to allow such necessary and proper costs which the Grantee could not reasonably avoid during the period of suspension provided such costs meet the provisions of the U.S. Office Management and Budget Circular A-87 in effect on the date first above written. 13. Termination. a. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure (hereinafter termed “Termination by Default”) by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no such termination may be affected unless the other party is given (i) not less than seven (7) calendar days written notice (delivered by certified mail, return receipt requested) of intent to Termination by Default, and (ii) an opportunity for consultation with the terminating party prior to Termination by Default. b This Agreement may be terminated in whole or in part in writing by CMAP for its convenience, provided that the Grantee is given not less than seven (7) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate. c. If Termination by Default is effected by CMAP, an equitable adjustment in the price provided for in this Agreement shall be made, but (i) no amount shall be allowed for anticipated profit on unperformed services or other work, and (ii) any payment due to the Grantee at the time of termination may be adjusted to the extent of any additional costs occasioned to CMAP by reason of the Grantee’s default. If termination by default is effected by the Grantee, or if termination for convenience is effected by CMAP, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide payment to the Grantee for services rendered and expenses incurred prior to termination, in addition CMAP may include cost reasonably incurred by the Grantee relating to commitments which had become firm prior to termination. 118 of 357 5 d. Upon notice of termination action pursuant to paragraphs a or b of this clause, the Grantee shall (i) promptly discontinue all services affected (unless the notice directs otherwise) and (ii) deliver or otherwise make available to CMAP all date, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Grantee in performing this Agreement, whether completed or in the process. e. Upon termination pursuant to paragraphs a or b of this clause, CMAP may take over the work and prosecute the same to completion by agreement with another party otherwise. f. In the event the Grantee must terminate this Agreement due to circumstances beyond its control, the termination shall be deemed to have been effected for the convenience of CMAP. In such event, adjustment of the price provided for in this agreement shall be made as provided in paragraph c of this clause. 14. Remedies. Except as may be otherwise provided in this Agreement, all claims, counterclaims, disputes and other matters in question between CMAP and the Grantee arising out of or relating to this Agreement or the breach thereof will be decided by arbitration. If the parties hereto mutually agree, a request for remedy may be sought from a court of competent jurisdiction within the State of Illinois, County of Cook. 15. Equal Employment Opportunity. The Grantee will comply with Executive Order 11246 entitled “Equal Employment Opportunity,” as amended by U.S. Department of Labor regulations (41 CFR Part 60). In connection with the execution of this Agreement, the Grantee shall not discriminate against any employee or an applicant for employment because of race, religion, color, sex, national origin, ancestry, or physical or mental handicap unrelated to ability. The Grantee shall take affirmative actions to insure that applicants are employed, and that employees are treated during their employment without regard to their race, religion, color, sex, national origin, ancestry, or physical or mental handicap unrelated to ability. Such actions shall include, but not be limited to, employment, promotion, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay, other forms of compensation, and selection for training or apprenticeship. The Grantee shall cause the provisions of this paragraph to be inserted into all subcontractors work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that such provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 16. Small and Minority Business Enterprise. In connection with the performance of this Agreement the Grantee will cooperate with CMAP in meeting its commitments and goals with respect to the maximum utilization of small business and minority business enterprises, and will use its best efforts to insure that small business and minority business enterprises shall have the maximum practicable opportunity to compete for subcontract work under this Agreement. 17. Political Activity. No portion of funds for this subcontract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 18. Prohibited Interest. a. No officer or employee of CMAP and no member of its governing body and no other public official of any locality in which the Project objectives will be carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of such objectives shall (i) participate in any decision relating to any subcontract negotiated under this Agreement which affects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested; or 119 of 357 6 (ii) have any financial interest, direct or indirect, in such subcontract or in the work to be performed under such contract. b. No member of or delegate of the Illinois General Assembly or the Congress of the United States of America, and no federal Resident Commissioner, shall be admitted to any share hereof or to any benefit arising herefrom. c. The Grantee warrants and represents that no person or selling agency has been employed or retained to solicit or secure this Agreement, upon an agreement or understanding for a commission, percentage, bonus, brokerage or contingent fee, or gratuity, excepting its bona fide employees. For breach or violation of this warranty the CMAP shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage bonus, brokerage or contingent fee, or gratuity. 19. Federal Reporting Standards. a. The Grantee agrees that any material or design specified by the Grantee or supplied by the Grantee pursuant to this Agreement shall not infringe any patent or copyright and the Grantee shall be solely responsible for securing any necessary licenses required for patented or copyrighted material used by the Grantee. b. If any claim is brought against CMAP by third parties for alleged infringement of third-party patent and copyright and intellectual rights, which claim is caused by breach of the Grantee’s promise as contained in paragraph a of this clause, the Grantee shall save harmless and indemnify CMAP from all loss, damage or expense (including attorney’s fees) due to defending CMAP from such claim. c. If the principal purpose of this Agreement is to create, develop or improve products, processes or methods; or to explore into fields which directly concern public health, safety or welfare, or if the Project is in a field of science or technology in which there has been little significant experience outside of work funded by federal assistance; and any discovery or invention arises or is developed in the course of or under this Agreement, such invention or discovery shall be subject to the reporting and rights provisions of U.S. Office of Management and Budget Circular No. A-102, and to the pertinent regulations of the grantor agency(ies) in effect on the date of execution of this Agreement. The Grantee shall include provisions appropriate to the effectuate the purpose of this condition in all subcontracts under this Agreement involving research, developmental, experimental or demonstration work. 20. Assignment. a. This agreement shall be binding upon, and inure to the benefit of, the respective successors, assigns, heirs, and personal representatives of CMAP and Grantee. Any successor to the Grantee’s rights under this Agreement must be approved by CMAP unless the transaction is specifically authorized under federal law. Any successor will be required to accede to all the terms, conditions and requirements of the Agreement as a condition precedent to such succession. b. The Grantee shall not assign any interest in this Agreement and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of CMAP hereto, provided, however, that claims for money due or to become due to the Grantee from CMAP under this Agreement may be assigned to a bank, trust company or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished to CMAP. 120 of 357 7 21. Conflict of Interest. In order to avoid any potential conflict or interest, the Grantee agrees during the term of this Agreement not to undertake any activities which could conflict directly or indirectly with the interest of CMAP. Grantee shall immediately advise CMAP of any such conflict of interest. CMAP shall make the ultimate determination as to whether a conflict of interest exists. 22. Publication. CMAP shall have royalty-free, nonexclusive and irrevocable license to reproduce, publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data or other materials specifically prepared under this Agreement, and to authorize other material to do so. The Grantee shall include provisions appropriate to effectuate the purpose of this clause in all subcontracts for work under this Agreement. 23. Identification of Documents. All reports, maps, and other documents completed as part of this Agreement, other than documents exclusively for internal use within the Grantee’s offices, shall carry the following notation on the front cover or a title page or, in the case of maps, in the same area which contains the name of CMAP and of the Grantee. "This material was prepared in consultation with CMAP, the Chicago Metropolitan Agency for Planning, (http://www.cmap.illinois.gov)." 24. Force Majeure. Either party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by a cause beyond its control including, but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the Federal, state or local government; national fuel shortage; or a material act of omission by the other party; when satisfactory evidence of such cause is presented to the other party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the party not performing. 25. W orkers’ Compensation Insurance. The Grantee and any subcontractors shall, at their own expense, obtain and maintain Workers’ Compensation insurance to cover persons employed in connection with services under this agreement. The limits for the Worker’s Compensation coverage shall be no less than the statutory limits required by the State of Illinois. A certificate of insurance must be included with this contract. 26. Independent Contractor. Grantee's relationship to CMAP in the performance of this Agreement is that of an independent Contractor. Grantee's personnel performing work under this Agreement shall at all times be under Grantee's exclusive direction and control and shall be employees of Grantee and not employees of CMAP. Grantee shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including, but not limited to, social security, income tax withholding, and unemployment compensation, workers ’ compensation insurance and similar matters. 27. Federal, State and Local Laws. Grantee warrants that in the performance of this Agreement it shall comply with all applicable federal, state and local laws, statutes and ordinances and all lawful orders, rules and regulations promulgated thereunder. Since laws, regulations, directives, etc. may be modified from time-to-time, the Grantee shall be responsible for compliance as modifications are implemented. The Grantee’s failure to comply shall constitute a material breach of this contract. 28. Hold Harmless and Indemnity. Grantee shall indemnify, defend and hold harmless CMAP, its officers, directors, employees and agents from and against any and all claims (including attorney’s fees and reasonable expenses for litigation or settlement) for any loss, or damages, bodily injuries, including death, damage to or loss of use of property caused by the negligent acts, omissions or willful misconduct of Grantee, its officers, directors, employees, 121 of 357 8 agents, subcontractors or suppliers, in connection with or arising out of the performance of this Agreement. 29. International Boycott. Grantee certifies that neither Grantee nor any substantially owned affiliate is participating or shall participate in an international boycott in violation of the U.S. Export Administration Act of 1979 or the applicable regulation of the U.S. Department of Commerce. This applies to contracts that exceed $10,000 (30 ILCS 582). 30. Forced Labor. Grantee certifies it complies with the State Prohibition of Goods from Forced Labor Act, and certifies that no foreign-made equipment, materials, or supplies furnished to CMAP under this agreement have been or will be produced in whole or in part by forced labor, or indentured labor under penal sanction (30 ILCS 583). Federally Funded Agreements A. Standard Assurances. The Grantee assures that it will comply with all applicable federal statutes, regulations, executive orders, Federal Transit Administration (FTA) circulars, and other federal requirements in carrying out any project supported by federal funds. The Grantee recognizes that federal laws, regulations, policies, and administrative practices may be modified from time to time and those modifications may affect project implementation. The Grantee agrees that the most recent federal requirements will apply to the project. B. Certification Regarding Lobbying. As required by the United States Department of Transportation (U.S. DOT) regulations, "New Restrictions on Lobbying," at 49 CFR 20.110, the Grantee's authorized representative certifies to the best of his or her knowledge and belief that for each agreement for federal assistance exceeding $100,000: 1. No federal appropriated funds have been or will be paid by or on behalf of the Grantee to any person to influence or attempt to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress regarding the award of federal assistance, or the extension, continuation, renewal, amendment, or modification of any federal assistance agreement; and 2. If any funds other than federal appropriated funds have been or will be paid to any person to influence or attempt to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any application for federal assistance, the Grantee assures that it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," including information required by the instructions accompanying the form, which form may be amended to omit such information as authorized by 31 U.S.C. 1352. 3. The language of this certification shall be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements). The Grantee understands that this certification is a material representation of fact upon which reliance is placed and that submission of this certification is a prerequisite for providing federal assistance for a transaction covered by 31 U.S.C. 1352. The Grantee also understands that any person who fails to file a required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. Nondiscrimination Assurance. As required by 49 U.S.C. 5332 (which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity), Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, and U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of 122 of 357 9 the Department of Transportation--Effectuation of Title VI of the Civil Rights Act," 49 CFR Part 21 at 21.7, the Grantee assures that it will comply with all requirements of 49 CFR Part 21; FTA Circular 4702.1A, "Title VI and Title VI - Dependent Guidelines for Federal Transit Administration Recipients," and other applicable directives, so that no person in the United States, on the basis of race, color, national origin, creed, sex, or age will be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in any program or activity (particularly in the level and quality of transportation services and transportation-related benefits) for which the Grantee receives federal assistance. Specifically, during the period in which federal assistance is extended to the project, or project property is used for a purpose for which the federal assistance is extended or for another purpose involving the provision of similar services or benefits, or as long as the Grantee retains ownership or possession of the project property, whichever is longer, the Grantee assures that: 1. Each project will be conducted, property acquisitions will be undertaken, and project facilities will be operated in accordance with all applicable requirements of 49 U.S.C. 5332 and 49 CFR Part 21, and understands that this assurance extends to its entire facility and to facilities operated in connection with the project. 2. It will promptly take the necessary actions to effectuate this assurance, including notifying the public that complaints of discrimination in the provision of transportation-related services or benefits may be filed with U.S. DOT or FTA. Upon request by U.S. DOT or FTA, the Grantee assures that it will submit the required information pertaining to its compliance with these requirements. 3. It will include in each subagreement, property transfer agreement, third party contract, third party subcontract, or participation agreement adequate provisions to extend the requirements of 49 U.S.C. 5332 and 49 CFR Part 21 to other parties involved therein including any subrecipient, transferee, third party contractor, third party subcontractor at any level, successor in interest, or any other participant in the project. 4. Should it transfer real property, structures, or improvements financed with federal assistance to another party, any deeds and instruments recording the transfer of that property shall contain a covenant running with the land assuring nondiscrimination for the period during which the property is used for a purpose for which the federal assistance is extended or for another purpose involving the provision of similar services or benefits. 5. The United States has a right to seek judicial enforcement with regard to any matter arising under the Act, regulations, and this assurance. 6. It will make any changes in its 49 U.S.C. 5332 and Title VI implementing procedures as U.S. DOT or FTA may request. D. Control of Property. The Grantee certifies that the control, utilization and disposition of property or equipment acquired using federal funds is maintained according to the provisions of OMB Circular A-102 Common Rule. E. Cost Principles. The cost principles of this Agreement are governed by the cost principles found in 49 CFR Part 18.22 and OMB Circular A-87, “Cost Principles for State, local or Indian tribal governments”, and all costs included in this Agreement are allowable under 49 CFR Part 18.22 and OMB Circular A-87, “Cost Principles for State, local or Indian tribal governments”. F. Debarment. The Grantee shall comply with Debarment provisions as contained in 2 CFR Part 1200, as amended. The Grantee certifies that to the best of its knowledge and belief, the Grantee and the Grantee’s principals: a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; b) within a three-year period preceding this Agreement have not been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract under a public transaction, violation of federal or state anti-trust 123 of 357 10 statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in subsection (b), above; and d) have not within a three-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. The inability of the Grantee to certify to the certification in this section will not necessarily result in denial of participation in this Agreement. The Grantee shall submit an explanation of why it cannot provide the certification in this section. This certification is a material representation of fact upon which reliance was placed when CMAP determined whether to enter into this transaction. If it is later determined that the Grantee knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, CMAP may terminate this Agreement for cause. The Grantee shall provide immediate written notice to CMAP if at any time the Grantee learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “person,” “primary covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this Part shall have the meaning set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. The Grantee agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized, in writing, by CMAP. The Grantee Agrees that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” provided by CMAP, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. The Grantee may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless the Grantee knows the certification is erroneous. The Grantee may decide the method and frequency by which it determines the eligibility of its principals. The Grantee may, but is not required to, check the Non-procurement List. If the Grantee knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation, in addition to other remedies available to the federal government, CMAP may terminate this Agreement for cause or default. Nothing contained in this section shall be construed to require establishment of a system of records in order to render in good faith the certification required by this section. The knowledge and information of the Grantee is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. G. Single Audit. The Single Audit Act of 1984 (Public Law 98-502) and the Single Audit Amendments of 1996 (P.L. 104-156) require the following: 1. State or local governments that receive $500,000 or more a year in federal financial assistance shall have an audit made in accordance with the Office of Management and Budget (OMB) Circular No. A-133. 2. State or local governments that receive less than $500,000 a year shall be exempt from compliance with the Act and other federal requirements. 3. Nothing in this paragraph exempts state or local governments from maintaining records of federal financial assistance or from providing access to such records to federal Agencies, as provided for in federal law or in Circular A-133 “Audits of States, Local Governments and Non-Profit Organizations.” 4. A copy of the audit report must be submitted to CMAP within 30 days after completion of the audit, but no later than one year after the end of the Grantee’s fiscal year. H. Drug Free Workplace. The Grantee certifies that it will comply with the requirements of the federal Drug Free Workplace Act, 41 U.S.C. 702 as amended, and 49 CFR 32. 124 of 357 11 I. Disadvantaged Business Enterprise Assurance. In accordance with 49 CFR 26.13(a), as amended, the Grantee assures that it shall not discriminate on the basis of race, color, national origin, or sex in the implementation of the project and in the award and performance of any third party contract, or subagreement supported with Federal assistance derived from the U.S. DOT or in the administration of its Disadvantaged Business Enterprise (DBE) program or the requirements of 49 CFR Part 26, as amended. The Grantee assures that it shall take all necessary and reasonable steps set forth in 49 CFR Part 26, as amended, to ensure nondiscrimination in the award and administration of all third party contracts and subagreements supported with Federal assistance derived from the U.S. DOT. The Grantee’s DBE program, as required by 49 CFR Part 26, as amended, will be incorporated by reference and made a part of this Agreement for any Federal assistance awarded by FTA or U.S. DOT. Implementation of this DBE program is a legal obligation of the Grantee, and failure to carry out its terms shall be treated as a violation of the Agreement. Upon notification by the Federal Government or CMAP to the Grantee of its failure to implement its approved DBE program, the U.S. DOT may impose sanctions as provided for under 49 CFR Part 26, as amended, and may in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001, as amended, and/or the Program Fraud Remedies Act, 31 U.S.C. 3801 et seq., as amended. J. Assurance of Nondiscrimination on the Basis of Disability. As required by U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," at 49 CFR 27.9, the Grantee assures that, as a condition to the approval or extension of any Federal assistance awarded by FTA to construct any facility, obtain any rolling stock or other equipment, undertake studies, conduct research, or to participate in or obtain any benefit from any program administered by FTA, no otherwise qualified person with a disability shall be, solely by reason of that disability, excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in any program or activity receiving or benefiting from Federal assistance administered by the FTA or any entity within U.S. DOT. The Grantee assures that project implementation and operations so assisted will comply with all applicable requirements of U.S. DOT regulations implementing the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, et seq., and the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq., and implementing U.S. DOT regulations at 49 CFR parts 27, 37, and 38, and any applicable regulations and directives issued by other Federal departments or agencies. K. Procurement Compliance Certification. The Grantee certifies that its procurements and procurement system will comply with all applicable third party procurement requirements of Federal laws, executive orders, regulations, and FTA directives, and requirements, as amended and revised, as well as other requirements FTA may issue including FTA Circular 4220.1F, “Third Party Contracting Guidance,” and any revisions thereto, to the extent those requirements are applicable. The Grantee certifies that it will include in its contracts financed in whole or in part with FTA assistance all clauses required by Federal laws, executive orders, or regulations, and will ensure that each subrecipient and each Grantee will also include in its subagreements and its contracts financed in whole or in part with FTA assistance all applicable clauses required by Federal laws, executive orders, or regulations. L. Intelligent Transportation Systems Program. As used in this assurance, the term Intelligent Transportation Systems (ITS) project is defined to include any project that in whole or in part finances the acquisition of technologies or systems of technologies that provide or significantly contribute to the provision of one or more ITS user services as defined in the “National ITS Architecture.” 1. In accordance with Section 5307(c) of SAFETEA-LU, 23 U.S.C. 502 note, the Grantee assures it will comply with all applicable requirements of Section V (Regional ITS Architecture and Section VI (Project Implementation)) of FTA Notice, “FTA National ITS Architecture Policy on Transit Projects,” at 66 Fed. Reg. 1455 et seq., January 8, 2001, and other FTA requirements that may be issued in connection with any ITS project it 125 of 357 12 undertakes financed with Highway Trust Funds (including funds from the mass transit account) or funds made available for the Intelligent Transportation Systems Program authorized by SAFETEA-LU, 23 U.S.C. 502 note. 2. With respect to any ITS project financed with Federal assistance derived from a source other than Highway Trust Funds (including funds from the Mass Transit Account) or SAFETEA-LU, 23 U.S.C. 502 note, the Grantee assures that is will use its best efforts to ensure that any ITS project it undertakes will not preclude interface with other intelligent transportation systems in the Region. M. Davis-Bacon Act. To the extent applicable, the Grantee will comply with the Davis-Bacon Act, as amended, 40 U.S.C. 3141 et seq., the Copeland “Anti-Kickback” Act, as amended, 18 U.S.C. 874, and the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. 3701 et seq., regarding labor standards for federally assisted subagreements. N. Certifications and Assurances Required by the U.S. Office of Management and Budget (OMB) (SF-424B and SF-424D) As required by OMB, the Grantee certifies that it: 1. Has the legal authority and the institutional, managerial, and financial capability (including funds sufficient to pay the non-federal share of project cost) to ensure proper planning, management, and completion of the project. 2. Will give the U.S. Secretary of Transportation, the Comptroller General of the United States, and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives; 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain; 4. Will initiate and complete the work within the applicable project time periods; 5. Will comply with all applicable Federal statutes relating to nondiscrimination including, but not limited to:  Title VI of the Civil Rights Act, 42 U.S.C. 2000d, which prohibits discrimination on the basis of race, color, or national origin;  Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 through 1683, and 1685 through 1687, and U.S. DOT regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 CFR Part 25, which prohibit discrimination on the basis of sex;  Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap;  The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 through 6107, which prohibits discrimination on the basis of age;  The Drug Abuse, Prevention, Treatment and Rehabilitation Act, Public Law 92- 255, and amendments thereto, 21 U.S.C. 1101 et seq. relating to nondiscrimination on the basis of drug abuse;  The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, Public Law 91-616, and amendments thereto, 42 U.S.C. 4541 et seq. relating to nondiscrimination on the basis of alcohol abuse or alcoholism;  The Public Health Service Act of 1912, as amended, 42 U.S.C. 290dd-2 related to confidentiality of alcohol and drug abuse patient records;  Title VIII of the Civil Rights Act, 42 U.S.C. 3601 et seq., relating to nondiscrimination in the sale, rental, or financing of housing;  Any other nondiscrimination provisions in the specific statutes under which 126 of 357 13 Federal assistance for the project may be provided including, but not limited, to 49 U.S.C. 5332, which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity, and Section 1101(b) of the Transportation Equity Act for the 21st Century, 23 U.S.C. 101 note, which provides for participation of disadvantaged business enterprises in FTA programs; and  Any other nondiscrimination statute(s) that may apply to the project. 6. Will comply with all federal environmental standards applicable to the project, including but not limited to:  Institution of environmental quality control measures under the National Environmental Policy Act of 1969 and Executive Order 11514;  Notification of violating facilities pursuant to Executive Order 11738;  Protection of wetlands pursuant to Executive Order 11990;  Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;  Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451 et seq.;  Conformity of federal Actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended, 42 U.S.C. 7401 et seq.;  Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended;  Protection of endangered species under the Endangered Species Act of 1973, as amended;  The Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271 et seq., which relates to protecting components or potential components of the national wild scenic rivers system. 7. Will comply with all other federal statutes applicable to the project, including but not limited to:  Title II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, which provides for fair and equitable treatment of persons displaced whose property is acquired as a result of federal or federally-assisted programs;  The Hatch Act, 5 U.S.C. 1501-1508 and 7324-7328, which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds;  The Flood Disaster Protection Act of 1973, which requires the purchase of flood insurance in certain instances;  Section 106 of the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470;  Executive Order 11593, which relates to identification and protection of historic properties;  The Archaeological and Historic Preservation Act of 1974, 16 U.S.C. 469a-1 et seq.;  The Laboratory Animal Welfare Act of 1966, as amended, 7 U.S.C. 2131 et seq., which relates to the care, handling, and treatment of warm-blooded animals held for research, teaching, or other activities supported by a federal award of assistance;  The Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. 4801 et seq., which relates to prohibiting the use of lead-based paint in construction or rehabilitation of residence structures;  The Single Audit Act Amendments of 1996 and OMB Circular No. A-133, “Audits of States, Local Governments, and Non-Profit Organizations.” 127 of 357 14 O. Energy Conservation To the extent applicable, the Grantee and its third party Contractors at all tiers shall comply with mandatory standards and policies relating to energy efficiency that are contained in applicable state energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. Section 6321 et seq. P. Clean Water For all contracts and subcontracts exceeding $100,000, the Grantee agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Water Pollution Control Act, 33 U.S.C. Section 1251 et seq. Q. Clean Air For all contracts and subcontracts exceeding $100,000, the Grantee agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, 42 U.S.C. 7401 et seq. R. Eligibility For Employment In The United States The Grantee shall complete and keep on file, as appropriate, Immigration and Naturalization Service Employment Eligibility Forms (I-9). These forms shall be used by the Grantee to verify that persons employed by the Grantee are eligible to work in the United States. S. Buy America Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest; that such materials are not reasonably available and of satisfactory quality; or that inclusion of domestic materials will increase the cost of overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. T. False Or Fraudulent Statements Or Claims The Grantee acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the Government in connection with this Project, the Government reserves the right to impose on the Grantee the penalties of 18 U.S.C. Section 1001, 49 U.S.C. Section 5307, 31 U.S.C. Section 3801, and 49 CFR Part 31, as the Government may deem appropriate. Grantee agrees to include this clause in all state and federal assisted contracts and subcontracts. U. Changed Conditions Affecting Performance The Grantee shall immediately notify CMAP of any change in conditions or local law, or of any other event which may significantly affect its ability to perform the Project in accordance with the provisions of this Agreement. V. Third Party Disputes Or Breaches The Grantee agrees to pursue all legal rights available to it in the enforcement or defense of any third party contract, and FTA or U.S. DOT and CMAP reserve the right to concur in any compromise or settlement of any third party contract claim involving the Grantee . The Grantee will notify FTA or U.S. DOT and CMAP of any current or prospective major dispute pertaining to a third party contract. If the Grantee seeks to name the Government as a party to the litigation, the Grantee agrees to inform both FTA or U.S. DOT and CMAP before doing so. The Government retains a right to a proportionate share of any proceeds derived from any third party recovery. Unless permitted otherwise by the Government, the Grantee will credit the Project Account with any liquidated damages recovered. Nothing herein is intended to nor shall it waive U.S. DOT’s, FTA’s or CMAP’s immunity to suit. W. Fly America Grantee will comply with 49 U.S.C. §40118, 4 CFR §52 and U.S. GAO Guidelines B- 138942, 1981 U.S. Comp. Gen. LEXIS 2166,March 31, 1981 regarding costs of international air transportation by U.S. Flag air carriers. X. Non-Waiver The agrees that in no event shall any action or inaction on behalf of or by CMAP, including the making by CMAP of any payment under this Agreement, constitute or be construed 128 of 357 15 as a waiver by CMAP of any breach by the Grantee of any terms of this Agreement or any default on the part of the Grantee which may then exist; and any action, including the making of a payment by CMAP, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to CMAP in respect to such breach or default. The remedies available to CMAP under this Agreement are cumulative and not exclusive. The waiver or exercise of any remedy shall not be construed as a waiver of any other remedy available hereunder or under general principles of law or equity. Y. Preference for Recycled Products To the extent applicable, the Grantee agrees to give preference to the purchase of recycled products for use in this Project pursuant to the various U.S. Environmental Protection Agency (EPA) guidelines, “Comprehensive Procurement Guidelines for Products Containing Recovered Materials,” 40 CFR Part 247, which implements section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962. Z. Cargo Preference - Use of United States Flag Vessels. The Grantee agrees to comply with 46 U.S.C.§ 55305 and 46 CFR Part 381 and to insert the substance of those regulations in all applicable subcontracts issued pursuant to this Agreement, to the extent those regulations apply to the Project. AA. Grantee is required to register with the Central Contractor Registration (CCR), which is a web-enabled government-wide application that collects, validates, stores and disseminates business information about the federal government’s trading partners in support of the contract award, grants and the electronic payment processes. The Grantee must register at https://www.bpn.gov/ccr. As a sub-recipient of federal funds equal to or greater than $25,000 (or which equals or exceeds that amount by addition of subsequent funds), this agreement is subject to the following award terms: http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and http://edocket.access.gpo.gov/2010/pdf/2010-22706.pdf. All of the requirements listed in Federally Funded Agreements, paragraphs A through AA apply to the federally funded project. The Grantee agrees to include these requirements in each contract and subcontract financed in whole or in part with federal assistance. 129 of 357 16 IN WITNESS WHEREOF, CMAP and the Grantee have executed this Agreement as of the date first above written. City of Evanston Attest: _______________________ By: _________________________ Title: ________________________ Date: _______________________ Date: ________________________ CHICAGO METROPOLITAN AGENCY FOR PLANNING Attest: ________________________ By: __________________________ Executive Director Date: _________________________ Date: _________________________ 130 of 357 131 of 357 2013 Bike Plan Update Section 2. General 2.1 Project Type – Integrated Transportation and Land Use Plan The City of Evanston has undertaken multiple complementary planning initiatives in recent years to improve the quality of life of its residents, improve the business climate, and promote environmental sustainability. The Evanston Comprehensive General Plan includes a goal of building a community that offers safe, affordable and easily accessible alternatives to the automobile. In addition the City’s Multi-Modal Transportation Plan compliments this goal by encouraging the City to build upon its distinct character derived from its geographic, economic, and cultural strengths to enrich its community and promote walking, bicycling, and mass transit ridership. The City of Evanston has a unique character that mixes the charm of a typical suburban development with the dynamics of a city. However, understanding this, the City is concerned with prohibiting some of the nuisances that come with a highly populated area, such as higher emissions levels. In 2010, the City Council adopted two goals, safety and implementation of the Climate Action Plan. Each has objectives to enhance bicycle access and safety through infrastructure improvements and modifications, which become that much more important. Therefore, it is the intent of Evanston’s Public Works Department to use the framework of the aforementioned plans to complete an update to the 2003 Bicycle Plan, Strategic Plan, and achieve the following four goals:  Gather feedback from residents and stakeholders via a robust community engagement plan,  introduce enhancements to the existing bikeways and pedestrian networks,  guide the City across the last mile to 21st Century livability standards- place based economic development, active lifestyle options and sensible environmental stewardship,  and establish safe biking connection with adjacent neighboring communities. These goals will sustain Evanston’s ongoing commitment to its multi-modal transportation network. 2.2 Project Goals & Objectives The update to the Evanston Bicycle System Improvement Plan will ensure that all new infrastructure, programming and policy updates reflect the current needs of the residents, the increased acceptance of multi-modal transportation alternatives and 21st century tools, such as a Complete Streets Policy, buffered and protected bike lanes, innovative pedestrian bike storage and pedestrian safety facilities. The updated plan will combine efforts with Evanston’s Strategic Plan Goals: 132 of 357 2013 Bike Plan Update  Create and maintain functionally appropriate, sustainable, and accessible high quality infrastructure and facilities.  Protect and optimize the City’s natural resources and built environment, leading by example through sustainable practices and behaviors.  Coordinate and influence transportation resources to provide an improved system that is safe, integrated, accessible, responsive, understandable, efficient, and meets the needs of all people. The updated plan will be guided by Evanston’s three value areas: economic viability, environmental sustainability and strengthening community. 2.3 Relationship to Past and Present Studies The City’s multi-modal approach to transportation is demonstrated in the 2003 Evanston Bicycle System Improvement Plan, the Multi-Modal Transportation Plan, Evanston Climate Action Plan, the City’s Strategic Plan, the Comprehensive General Plan, and in the City Council’s goals for 2010, 2011, and 2012. The City of Evanston is a signature of the U.S. Conference of Mayor’s Climate Protection Agreement and is committed to meeting or beating the Kyoto Protocol goals. To this end, the City is committed to reducing gas emissions below 2005 levels by the end of 2012. The Evanston Climate Action Plan, adopted in 2008, to establish strategies to meet the reduction goal. The City identified transportation as a significant source of emissions and established ten key strategies to reduce emissions in this area. Fully implementing the 2003 Evanston Bicycle Plan and the 2008 Evanston Multi-Modal Transportation Plan were two of the strategies in this category. The update to the Evanston Bicycle System Improvement Plan will ensure that all new commitments and technologies mirror the long range planning efforts. 2.4 How the end product will be approved or adopted? What is the applicant’s willingness to implement the recommendations from the plan? Efforts to implement may include commitment of funding or staff resources, seeking out grant funds, or willingness to make land use policy changes. The business of the City of Evanston is determined by the City Council. City Council is made up of its 9 Aldermen and Mayor. Together the City Council would be the authority to determine approval or adoption of the updated Bike Plan. The City Council has demonstrated its commitment to bicycle safety by adopting goals that include pedestrians, bicyclists, traffic and crime prevention as one of its top ten goals for 2012 and the previous two years. This year the Evanston City Council and public embraced the Public Works Department’s initiative to design and construct a protected bike path along Church Street that will connect the Lake Front Bike Path to the North Shore Channel Bike Path. The City has plans to recreate a return protected path along Davis Street and a future north/south track, but need a consolidated and updated bike plan to accomplish this in a cohesive manner. 133 of 357 2013 Bike Plan Update The City is extremely committed to seeing the updated bike plan through to implementation. In fact, by consolidating the other related plans into an updated Bike Plan, it not only simplifies goals, but also allows the City to update the Plan to more current trends that meet current needs of the residents and visitors. City staff will implement improvements through in house design and available capital improvement funds; seek grant funds where needed; and recommend formalization of land use changes, where needed. 2.5 What entities or individuals do you intend to specifically include in the study process? Evanston is honored to have a plethora of community groups invested in the health and welfare of the City. The study would include all of the members of the various environmental groups, the biking advocacy groups, the healthy initiative organizations, and the citizen transportation groups. The business community is well-represented by EvMark dba Downtown Evanston and the Chamber of Commerce and will be a major stakeholder. The Evanston Community Foundation, the YMCA and the YWCA will also be included in the planning process. The City works with the leading employers on a continuous basis including hospitals and Northwestern University. Neighboring communities would also be part of the planning process. But the most important stakeholders are the people most impacted by recommended strategies, the everyday users of Evanston’s transportation network. Finally, the city also intends to include coordination with the neighboring communities and the Illinois Department of Transportation in this study process. 2.6 Explain how you will engage the public during the planning process. Community engagement is the organized, interactive partnership between the City of Evanston and its residents. Evanston has a rich history of community engagement and is committed to understanding the community’s current transportation needs and concerns. The planning consultant and the City will assemble a steering committee composed of a diverse set of stakeholders representing the voices of business, advocates, residents, schools, commuters, neighboring communities and city staff. Representatives from the various groups mentioned in 2.5 will be invited to join the steering committee. These stakeholders will be engaged in goal setting and prioritization activities that will help shape the plan’s objectives. The members will also help the planning consultants to identify key audiences for public engagement. The City anticipates hosting a community workshop and specialized focus groups. The open house will be extensively marketed including paid and earned media, community flyers, targeted online marketing and personal invitations. The focus groups will target hard-to-reach audiences who generally do not attend public meetings. The planning consultants may also conduct key stakeholder interviews with staff and important local leaders. Online and hard copy surveys will be distributed throughout the community and via Evanston’s electronic marketing channels. 2.7 Explain how the plan will address the goals/themes of CMAP’ GO TO 2040 Plan with primary focus on the principles of Livable Communities and Regional Mobility listed below. According to CMAP’s GO TO 2040 Plan, a livable community is one that provides a healthy, safe and walkable community with access to parks, healthy and even sustainable food as well as 134 of 357 2013 Bike Plan Update schools, services, work, etc. The City of Evanston outlines goals to this effect in its Strategic Plan goals. One goal is to create and maintain functionally appropriate, sustainable, accessible high quality infrastructure and facilities. Evanston recognizes that with all of its wonderful parks, lake front, community garden, farmers markets, markets and the bustling downtown area, providing bike racks, bike parking and bike corrals as well as bike lanes to get to these destinations, it will not only encourage people to ride, but it will also reduce the number of cars on the roads. This will reduce congestion, a main principal of regional mobility, and will also contribute to a reduction in emissions catering to a healthier environment for Evanston’s residents and visitors. Currently, the City is constructing a protected bike lane to ensure a safer riding experience for all users. This bike lane, which contributes to achieving the goal of Evanston’s to coordinate and influence transportation resources to provide an improved system that is safe, integrated, responsive, understandable, efficient, and meets the needs of all people, is also providing the City with motivation to continue to construct additional protected bike lanes. These bike lanes will continue to be developed until they allow for all types of users in all parts of Evanston to be able to have access to safe transportation to work, shopping, an enjoyable bike ride, fitness, etc. Section 3. Project Details 3.1 Project Description The City of Evanston will develop an update to its 2003 Bicycle System Improvement Plan with an increased emphasis on the active transportation network. The plan will seek to increase bicycling, walking and transit use, improve traffic safety, enhance local businesses and foster a healthier, more environmentally friendly community. Increasing the use of the multi-modal network will be accomplished by building infrastructure improvements, implementing a series of recommended modifications to municipal code and procedures and by implementing a toolkit of easily executed education, encouragement and enforcement strategies. 3.2 Project Study Area The study area will be the City of Evanston and transportation connections to the contiguous communities. 3.3 Scope of Services The City of Evanston will contract a transportation planning firm to manage the project. Task One: Opening Meeting City staff and the consultant will meet to discuss the project scope, timing and steering committee membership and structure. Task Two: Goal setting and development of customized community engagement plan. The steering committee with the City staff will establish the objectives for the plan and the identification of the key audiences for engagement. 135 of 357 2013 Bike Plan Update Task Three: Existing Transportation Network The consultants will study the existing transportation network: the main roads, the intersections, the local road, the trails and bike facilities, and local transit. Task Four: Community Engagement The consultants will implement the community engagement plan: reaching out to the identified communities, assembling their vision, goals and objectives, compiling the survey results, analysis of destinations, barriers, and local routes identified, prioritizing policies and programs that were recommended in the community engagement activities. Task Five: Synthesis The consultants will work with the City staff and steering committee to analyze the community engagement results and it use it to develop plan recommendations. The recommendations will be presented to the City staff and steering committee for review and endorsement. These recommendations will form the basis of the plan. Task Six: Adoption Once the steering committee approves the plan, the plan will be presented to city agencies and the City Council for approval. Task Seven: Implementation The City staff and the steering committee will continue to work to monitor timely implementation of the plan. Section 4, Item C – Project-Type Specific Questions Integrated Transportation and Land Use Plans 4.1. Principles of Livable Communities  Supports infill and reinvestment. GO TO 2040 encourages reinvestment in vacant and underutilized properties in existing communities and development that promotes opportunities for more compact, walkable and mixed-use development supportive of transit. Updating the Bike Plan will help identify areas in the City that have redevelopment potential and determine how the existing bicycle infrastructure can be incorporated and/or improved within that area. For example, in the West Evanston form-based code overlay, it regulates future infill and redevelopment within a 30-acre TIF area. The code establishes street-type standards that promote traffic calming, pedestrian walkability and bicycle infrastructure as well. The updated bike plan will review these requirements to accommodate new and improved bicycle infrastructure and identify connectivity issues and improvements.  Addresses density, mixed uses (vertical or horizontal), and walkability. GO TO 2040 encourages new development and redevelopment in livable communities that are denser and designed for mixed uses with access to jobs, services and basic needs. Updating the Bike Plan will help the City identify improvements and policy changes needed in the off-street zoning ordinance requiring bike parking facilities for new developments including transit- oriented developments. Currently, the Site Plan and Appearance Review Committee requests 136 of 357 2013 Bike Plan Update developers to accommodate bicycle parking and facilities; and the city also uses Planned Development Design Guidelines to encourage projects to consider bicycle accommodations in their site and circulation plans. However, there is no set policy. Updating the bike plan will provide specific attention and requirements regarding bike parking and infrastructure improvements in relation to designs of both the building and its surrounding realm to provide easy access to transit and retail services.  Addresses housing affordability, particularly near transit. It is difficult to preserve housing affordability or create new affordable options near transit because high demand to live near transit increases the cost of housing. GO TO 2040 encourages transit-oriented development that includes affordable housing provisions maintained in the long term. This plan would seek to prioritize intra- and inter-neighborhood transportation. There would be a focus on improving connections from housing to employment centers via the active transportation network.  Involves inter-jurisdictional coordination. GO TO 2040 supports coordinated delivery of services and programs through collaboration between various levels of governments at the local and regional levels. Updating the Bike Plan will allow the City to approach and coordinate improvements on routes that are under the jurisdiction of the Illinois Department of Transportation. It will also allow the City to look into connectivity issues with the adjacent communities (City of Chicago, Village of Skokie, and Village of Wilmette) and plan for needed improvements. The City can also address the improvements needed to accommodate the Evanston to Elgin Bikeway as included in the regional bike plans prepared by the Northwest Municipal Conference.  Incorporates general consistency with “Livability Principles” of the federal Sustainable Communities Initiative. The Sustainable Communities Partnership, which is a collaboration between the departments of Housing and Urban Development (HUD), the US Environmental Protection Agency (USEPA), and the Department of Transportation (DOT), identified 6 principles of livability, listed below: 1. Providing more transportation choices; 2. expanding access to affordable housing, particularly housing located close to transit; 3. enhancing economic competitiveness-–giving people access to jobs, education and services as well as giving businesses access to markets; 4. targeting federal funds toward existing communities to spur revitalization and protect rural landscapes; 5. increasing collaboration among federal, state, and local governments to better target investments and improve accountability; 6. valuing the unique qualities of all communities--whether urban, suburban, or rural. The proposed Bike Plan is consistent with the overall goals of the Sustainable Communities Initiative. By making improvements to the bicycle and pedestrian infrastructure, the City will increase transportation options. The plan will also improve access to affordable housing through an improved transportation network. Evanston’s economic competitiveness will improve as access to jobs and educational facilities increase with the implementation of the plan. 137 of 357 2013 Bike Plan Update Evanston’s commitment to improving the quality of life of its residents, improving the business climate and promoting environmental sustainability (principles of livability) will all be realized with the implementation of this newly updated bike plan. 4.2. Principles of Regional Mobility  Supports the maintenance and modernization of the existing transportation system: The City of Evanston has an extensive transportation network. Transportation choices are a crucial issue facing all communities today. The cost of automobile travel is growing and more people associate safer streets with a higher quality of life. Thus, there is a demand for safe and affordable travel options such as walking, biking and transit. Complete Streets are designed to make it easier for people to get around by all modes of transportation, providing more choices for people who want them and better safety for those who do not have a choice. This plan will enable Evanston to design a customized Complete Streets Policy.  Supports improvements in non-motorized transportation systems that complement the existing transit systems and that have health, environmental and economic benefits: Transportation plays a key role in the health of every community. When residents have safe active transportation options, each trip becomes an opportunity to improve their health through physical activity. With sedentary lifestyles and obesity on the rise, promoting physical activity, transportation is more important than ever. A comprehensive network for active transportation will decrease environmental pollution and increase overall city health. This plan will include extensive education and encouragement strategies to foster increased use of active transportation.  Go to 2040 encourages increased connectivity between the various modes of transportation and provision of safe and efficient facilities for all users: Currently, it is not uncommon for people to use multiple modes of transportation in one day. Cyclists and pedestrians must have good access and connections to transit, so that they leave their cars at home. Evanston has both the Metra line and the CTA line positioned in the center of its downtown area. Safe sidewalks and bike parking all encourage the use of multi-modal transportation. This plan will incorporate the most recent best practices to improve the safety of all users of the various modes of transportation. The bicycle network in Evanston is part of a larger, regional network with connections to on-street facilities in neighboring communities and to off- street trails in the region. Thus connections within Evanston and with regionally-significant corridors will all be part of the planning process. 138 of 357 Page 1 of 2 For City Council meeting of February 25, 2013 Item A6 Resolution 13-R-13: Authorizing Use of Motor Fuel Tax Funds 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., Engineering Division Manager Sat Nagar, P.E., Senior Engineer, Engineering Division Subject: Resolution 13-R-13 Motor Fuel Tax Funds Usage for Roadway Construction and Related Engineering Services Date: February 13, 2013 Recommended Action: Public Works staff recommends City Council approval of Resolution 13-R-13 authorizing the use of Motor Fuel Tax Funds (MFT) in the amount of $1,400,000.00 for the street resurfacing and $132,727.00 for design and construction engineering services. Funding Source: Funding is provided by the Motor Fuel Tax Fund (Fund # 200). Summary: The City’s Street Resurfacing Program is funded through the Motor Fuel Tax Fund (MFT) and through the Capital Improvement (CIP) Fund. It is proposed that twelve streets be improved through the use of the City’s MFT Fund. The proposed contract work consists of curb replacement, grinding/milling street surface, base repair, adjustment of drainage/utility structures and street resurfacing, as well as any necessary incidental construction. The Engineering Division has previously completed the design of these street projects in-house. The streets included in the 2013 MFT Program are listed below. Memorandum 139 of 357 Page 2 of 2 2013 MFT Street Resurfacing Program Section 12-00266-00-RS Street From To Elinor Place Ashland Avenue Wesley Avenue Forest Avenue Keeney Street Kedzie Street Forestview Road Grant Street Colfax Street Greenleaf Street Chicago Avenue Hinman Avenue Lake Street Elmwood Avenue Sherman Avenue Lee Street Michigan Avenue Sheridan Road McDaniel Avenue Church Street Lyons Street Oak Avenue Greenleaf Street Crain Street Princeton Avenue Central Street Dead End North Sherman Avenue Greenwood Street Lake Street Washington Street Ridge Avenue Chicago Avenue Washington Street Dewey Avenue Asbury Avenue With Council approval of this resolution, the Engineering staff will bid the MFT Street Resurfacing Project and bring back the recommendation to award the construction contract in early April 2013. It is anticipated that construction will begin in May 2013. Legislative History: The City Council approved the 2013 Street Resurfacing and Water Main Replacement Program, which includes the twelve MFT streets, at the December 10, 2012 City Council meeting. Attachments: Resolution 13-R-13 2013 MFT Streets Map 140 of 357 2/12/2013 13-R-13 A RESOLUTION Authorizing the City Manager to Sign an Illinois Department of Transportation Resolution for Improvement by Municipality under the Illinois Highway Code for Improvements to Various Evanston streets WHEREAS, in order to facilitate the free flow of traffic and insure safety to the motoring public, the City of Evanston and the Illinois Department of Transportation (“IDOT”), are desirous of entering into an Illinois Department of Transportation Resolution for Improvement by Municipality under the Illinois Highway Code, a copy of which is attached hereto and incorporated herein as Exhibit 1, for improvements to various streets within the City of Evanston; and WHEREAS, said roadway improvements consist of curb replacement, base repair, drainage/utility structure adjustment, and resurfacing the pavement with necessary incidental construction; and WHEREAS, it is necessary for the City Manager to execute the IDOT Resolution for Improvement by Municipality Under the Illinois Highway Code, allocating a portion of the City’s Motor Fuel Tax funds in the principal amount of One Million Four Hundred Thousand and no/100 Dollars ($1,400,000.00) to pay for said street improvements; and WHEREAS, the City Council has determined that it is in the best interests of the City to execute the aforementioned resolution for certain street improvements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: 141 of 357 13-R-13 ~2~ SECTION 1: That the City Manager is hereby authorized to sign and the City Clerk is hereby authorized to attest to the Resolution for Improvement by Municipality under the Illinois Highway Code between the City of Evanston and IDOT, attached hereto as Exhibit 1. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional conditions with IDOT for the City roadway construction using the City’s Motor Fuel Tax Funds. SECTION 3: That this Resolution 13-R-13 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2013 142 of 357 13-R-13 ~3~ EXHIBIT 1 Resolution for Improvement by Municipality Under the Illinois Highway Code 143 of 357 144 of 357 145 of 357 For City Council meeting of February 25, 2013 Item A7 Ordinance 9-O-13: Lease of 623-627½ Howard Street to Peckish One LLC For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Steve Griffin, Community & Economic Development Director Johanna Nyden, Economic Development Coordinator Subject: Lease of Commercial Space at 623-627½ Howard Street to Peckish One, LLC Date: February 20, 2013 Recommended Action: Staff recommends approval of Ordinance 9-O-13, “Authorizing the City Manager to Negotiate and Execute a Commercial Lease with an Option to Purchase for City-Owned Real Property Located at 623-627 ½ Howard Street”. The lease-to-own agreement is proposed to be entered into with Peckish One, LLC, for the operation of a restaurant with a brewery. Funding Source: Not Applicable Background: The City purchased the property located at 623-627 ½ Howard Street in October 2011 for $475,000 using Economic Development Funds. The Economic Development Fund is repaid annually by the Howard/Ridge Tax Increment Financing (TIF) district in the amount of $47,500 for 10 years. The property has been vacant (with the exception of one tenant), while the City has worked to identify a suitable single user for the property. The sole tenant has a month- to-month lease with the City. This tenant has been notified that the City has found a party to lease the entire property and was aware that continued tenure at the space was temporary. Staff is working with this tenant to relocate to a similar space in south Evanston. Summary: The owners of Peckish One, LLC, an Illinois limited liability company, Debbie and Jamie Evans, seek to create an “American-style bar/restaurant that will include a small Memorandum 146 of 357 brewery for beer consumption. The restaurant is proposed to be called Peckish. This is a British adjective used to describe being “somewhat hungry”. Mr. and Mrs. Evans seek to enter into a lease-to-own agreement with the City with the ability to purchase the property after a lease period of four years of a five-year lease. The proposed rent structure is as follows: Month 1-18 Month 19-30 Month 31-42 Month 43-54 Month 55-60 Monthly Income $0 $5,500 $6,500 $7,500 $8,500 Total Income for Period $0 $66,000 $78,000 $90,000 $51,000 The lease-to-own agreement contemplates that all rent paid during the term of the lease will be deducted from the ultimate purchase price. The owners have the ability to purchase the property after completion of Month 48. At which point the City would have collected $189,000. In the event the owners do not purchase the building until the end of Month 60, the City is expected to receive $285,000 in rent payments through the entire term of the five-year lease. Similar to the project at Ward Eight immediately west of the subject property, it is requested that the City make basic improvements to the property to facilitate rehabilitation for a restaurant user. The improvements contemplated include necessary upgrades to the heating and cooling systems in the building, new windows and doors, as well as demolition and structural work to consolidate the five individual storefronts to a single space at the property. In anticipation that this work would need to be completed, Resolution 79-R-11 was approved at the December 12, 2011 City Council meeting which authorized the reimbursement of project expenditures up to $13,828,00 0 in General Obligation Bonds. Of the total amount, $900,000 was included to address proposed development costs in the Howard-Ridge TIF district. Of the funds in the Howard-Ridge TIF District, approximately $200,000 was reserved for rehabilitation of this property. A request for a grant of $200,000 will be made on Wednesday, February 27, 2013 at the Economic Development Committee. Peckish has provided a preliminary estimate of the “vanilla box” build-out. While the City is being asked to assist in some of the build-out, Peckish One LLC will be responsible for all remaining improvements, including installation of a kitchen, installation of décor appropriate for a restaurant/brewery, and other associated improvements for a restaurant. If approved, the lease-to-own agreement would require funds granted for improvements to the property to be repaid at time of purchase of the building. The lease-to-own agreement lists the purchase for this property as the City’s original 2011 purchase price ($475,000) plus the cost of any funds expended to improve the property (up to $200,000 pending consideration by the Economic Development Committee and City Council), for a total price of $675,000. In the event that Peckish is able to meet all deadlines for project completion (December 1, 2013) and pays rent in full and on time, the final purchase price would be reduced by $50,000. 147 of 357 The agreement stipulates that if at the time of purchase appraisals are obtained that estimate the property for less than this proposed price ($675,000), Peckish One, LLC has the ability to negotiate a lower purchase price from the City. This provision was included in order to ensure Peckish One would have the ability to ultimately obtain financing to purchase the property. In the event this option is exercised, the reduction of the purchase price by $50,000 would not be applied. Upon all parties signing the lease, the first month of free rent will commence. The owners anticipate a late fall/early winter 2013 opening. The abated commercial rental payments for the first 18 months were contemplated in order to offset initial costs associated with major construction work to convert the storefront and property into a restaurant as well as the costs associated with opening a new business. The rent in subsequent years is estimated to be market rental rates for ground floor commercial space in the south Evanston/north Rogers Park area. Key additional points of the lease-to-own agreement: If the owners do not decide to purchase the property at the end of the agreement, the City can freely market and sell the property to a party of their choosing; Peckish One, LLC will pay all property taxes and utilities (gas, water, heat, electricity, power, or other similar costs) associated with the property; Peckish One, LLC will be responsible for any and all maintenance and repairs to keep the property in good repair; and The agreement is not assignable to other parties not associated with the LLC nor can Peckish One, LLC sublet the property. In order to provide additional information about their restaurant, the owners have provided a copy of their business plan, resumes, and preliminary floor plan of the proposed restaurant. Mr. and Mrs. Evans anticipate that they would employ approximately 30 full-time staff. They have indicated a desire to make most of those hires from Evanston and work with the City and our workforce development partners to accomplish this goal. Attachments: Copy of Ordinance 9-O-13 Copy of Lease-to-Own Agreement Business Plan for Peckish Resumes of Mr. Jamie and Mrs. Debbie Evans Preliminary Floor Plan of Peckish Preliminary Cost Estimate of Build-Out of Peckish 148 of 357 2/17/2013 9-O-13 AN ORDINANCE Authorizing the City Manager to Negotiate and Execute a Commercial Lease with an Option to Purchase City-Owned Real Property Located at 623-627 1/2 Howard Street WHEREAS, the City of Evanston owns certain real property located at 623-627 1/2 Howard Street, Evanston, Illinois 60202, which is improved with a single story commercial building and more fully described on Exhibit 1 (the “Property”); and WHEREAS, the City Council has determined that it is in the best interests of the City of Evanston to negotiate and execute a five (5)-year commercial lease agreement with an option to purchase the Property, with Peckish One, LLC, an Illinois limited liability company; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Pursuant to Subsection 1-17-4-1 of the Evanston City Code of 1979, as amended (the “City Code”), the City Manager is hereby authorized and directed to negotiate and execute, and the City Clerk is hereby authorized and directed to attest, on behalf of the City of Evanston, the lease agreement for the Property, by and between the City of Evanston, as landlord, and Peckish One, LLC, as tenant. The lease and option agreement shall be in substantial conformity with the Lease attached hereto as Exhibit “2” and incorporated herein by reference. 149 of 357 9-O-13 ~2~ SECTION 3: Should Peckish One, LLC seek to exercise the option to purchase, the City shall follow the procedure for conveyance by negotiation pursuant to Subsection 1-17-4-2-(B), as amended. 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: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Ayes: ______________ Nays: ______________ Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 150 of 357 9-O-13 ~3~ EXHIBIT 1 LEGAL DESCRIPTION LOTS 7, 8 AND 9 IN BLOCK 1 IN NILES HOWARD TERMINAL ADDITION, BEING A SUBDIVISION OF THE SOUTH 6.25 FEET CHAINS (412 ½ FEET) OF THAT PART OF THE NORTHEAST ¼ OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE RIGHT OF WAY OF THE CHICAGO AND NORTH WESTERN RAILROAD COMPANY, IN COOK COUNTY, ILLINOIS. Common Address: 623-627 1/2 Howard Street, Evanston, Illinois 60202 PIN: 11-30-209-025-0000 151 of 357 9-O-13 ~4~ EXHIBIT 2 COMMERCIAL LEASE AND OPTION AGREEMENT 152 of 357 COMMERCIAL LEASE AND OPTION AGREEMENT This Lease and Option Agreement (the “Agreement”), made on this ____ day of February, 2013 (the “Effective Date”), by and between The City of Evanston, an Illinois home rule municipality (“Landlord”), whose main business office is located at 2100 Ridge Avenue, Evanston, Cook County, Illinois, and Peckish One LLC, an Illinois limited liability company (“Tenant”), of Evanston, Illinois. Landlord and Tenant may be referred to as a “Party” and collectively as the “Parties”. SECTION 1: DESCRIPTION OF PROPERTY A. Property. Landlord is the fee simple owner of certain real property in the City of Evanston, State of Illinois, containing approximately 10,177.45 square feet (0.23 acres) of land as legally described in Exhibit A attached hereto and hereby incorporated herein and with the common address of 623-627 ½ Howard Street, Evanston, Illinois 60202 (the “Property”). Landlord does hereby demise and lease, all of the Property to Tenant, including the commercial building thereon as further defined herein (the “Building”), and as further improved by Landlord, for Tenant’s exclusive use and control, pursuant to the terms and conditions of this Agreement. Unless specified otherwise, the term Property as used hereinafter shall include the Building. Landlord leases to Tenant the free-standing building to be renovated by Tenant on the Property in accordance with the terms of this Lease, which building contains approximately ___________ square feet of ground floor leasable area within the Building. B. Rights to Use Property. Landlord hereby grants Tenant the exclusive right to use, control and manage at no additional cost to Tenant, all portions of the Property and permit others, in the sole reasonable discretion of Tenant, the right to use the Property throughout the Term hereof, provided that the use is in conformance with the terms of this Agreement, including the Permitted Use. C. Right to Sublease. Tenant shall not have the right to sublet any part of the Property. SECTION 2: TERM Subject to the provisions of this Agreement, the “Term” shall commence on the Effective Date and expire 5 years (60 months) after the Effective Date. The Term shall not be renewed, except by written agreement of the Parties and by approval of the City Council. SECTION 3: RENT A. Rent. Commencing on the Effective Date of this Agreement, Tenant agrees to pay to Landlord monthly rental payments in accordance with the schedule attached as Exhibit B and continuing through the last day of the fifth (5th) year of the Term. Tenant shall remit payment on or before the first (1st) day of each calendar month during the Term. At Tenant’s option, Tenant may elect to accelerate the rent payments and increase the rent amounts due under this Agreement but Tenant shall be under no obligation to do so. B. Late Charges. Any payments for rent not paid within five (5) days of the due date shall incur a late payment of $10.00 per day until paid in full. C. Payments. Rent payments shall be mailed to: City of Evanston Attn: Dept of Administrative Services 153 of 357 2 2100 Ridge Avenue, Room 4100 Evanston, IL 60201 SECTION 4: SECURITY DEPOSIT Concurrently with the execution of this Agreement, Tenant shall deposit with Landlord the sum of Five Thousand Five Hundred and 00/100 Dollars ($5,500.00). Said sum shall be held by Landlord as security for the performance of all terms, covenants and conditions of this Lease to be performed by Tenant. If Tenant materially defaults with respect to any provisions of this lease, Landlord may at its option apply all or any portion of such deposit to compensate Landlord for any loss or damage it may sustain. Landlord shall not be required to keep this security deposit separate from its general funds and Tenant shall not be entitled to any interest on such deposit. At the termination of this Agreement, Landlord shall refund the said security deposit to Tenant. In the event Tenant has breached any of the terms, covenants and conditions of this Agreement or fails to leave the Property in substantially the same condition as when Tenant took possession, normal wear and tear excepted, Landlord shall be entitled to deduct from the security deposit the amount expended by Landlord for necessary and reasonable repairs Tenant shall not use the security deposit as the last month’s rental payment. The Landlord shall itemize the deductions from the Security Deposit, if any. SECTION 5: OPTION TO PURCHASE PROPERTY: A. General. Tenant initially is a Tenant of the Property which is owned by Landlord. As such, Tenant's monthly payments are rental payments. Tenant shall have an option to purchase the Property so long as the Tenant is occupying and leasing the Property and is otherwise in compliance with the terms of this Agreement at the end of the fourth year (48 months) (the “Option”). Tenant must submit written notification to Landlord that it intends to exercise the Option within sixty (60) days of expiration of the fourth year, thus notice must be sent on or before the beginning of the forty-sixth (46th) month of the Lease (the “Option Period”) . If Tenant elects NOT to exercise the Option by the end of the Option Period, the following are applicable: (1) the Landlord is freely able to market, enter into a contract, and sell the Property to another purchaser; (2) Tenant shall remain a Tenant of the Property for the remainder of the term of the Agreement; and (3) Tenant shall not have the option to purchase the Property. Notwithstanding the foregoing, Tenant may elect to exercise this Option at any time prior to the expiration of the Option Period. B. Purchase Price. The purchase price of this Property will be $675,000.00 (the “Purchase Price”). The Purchase Price is based on the City’s original purchase price of the Property of Four Hundred Seventy Five Thousand Dollars ($475,000.00) and the TIF Grant funds used to improve the Property Two Hundred Thousand Dollars ($200,000.00). (1) Appraisals: If the Tenant elects to exercise the Option, Tenant and Landlord shall be entitled to obtain independent appraisals of the Property. If the Tenant and the Landlord cannot agree on which appraisal to use to establish the Purchase Price, the average of the two (2) appraisals shall be used as the Purchase Price. However, if the Purchase Price as determined through the appraisal process is less than Six Hundred Seventy Five Thousand Dollars ($675,000), the Tenant may purchase the Property for that lesser price. If the Purchase Price as determined through the appraisal process is greater than Six Hundred Seventy Five Thousand Dollars ($675,000), the Tenant shall still pay Six Hundred Seventy Five Thousand Dollars ($675,000) to purchase the property and not more. 154 of 357 3 (2) Performance Incentive: Landlord shall provide Tenant with an incentive to finish the construction of the improvements, issue timely payments for rent, real estate taxes and City of Evanston water bills. Landlord shall agree to reduce the Purchase Price by Fifty Thousand Dollars ($50,000), only if the Tenant accomplishes the following on the date of exercising the Option: a. Finishes construction of the Improvements by December 1, 2013 and a Final Certificate of Occupancy is issued; b. Tenant issues Rent payments to Landlord on time for every month for the Term. c. Tenant has paid real estate tax invoices prior to the due date for every installment, as indicated in Section 13. d. Tenant is current on its water bill to the City of Evanston each and every month during the Term. (3) Performance Incentive and Appraisal Figure: a. After the Appraisal process outlined in Section 5(B)(1) above, if the Purchase Price is less than $625,000 (Six Hundred Twenty-Five Thousand Dollars), Tenant cannot receive an additional discount based on the Performance Incentive described. b. However, if the appraisal figure arrived at between the Parties is between $625,000 and $675,000 AND Tenant qualifies for the Performance Incentive, the Purchase Price can be additionally reduced to $625,000, but this is the floor for the Performance Incentive. For example, if the appraisal process yields a purchase price of $640,000 and the Tenant has met the measures outlined to qualify for the Performance Incentive, the Purchase Price may be reduced an additional Fifteen Thousand ($15,000). C. Authority to Purchase: The Tenant may notify Landlord that it has the resources to purchase the Property and that the Tenant is exercising the Option prior to the expiration of the Option Period. A closing (the “Closing”) or transfer of ownership will occur upon the Parties executing a purchase and sale contract (“Property Purchase Agreement”) and the subsequent payment of the Purchase Price at a Closing. D. Rental Credit Application. Landlord will give credit towards the Purchase Price for all rental payments made under this Agreement during the lease of the Property subject to this Agreement (the “Rental Credit”). The Tenant may notify Landlord that it will be exercising the Option to Purchase, that it wishes to use the Rental Credit and has the resources to supplement those credits to purchase the Property. At Closing, Landlord shall transfer title upon receipt by the Landlord of the Tenant paying the difference between the Rental Credit and the Purchase Price. E. Delinquencies. Should the Tenant have incurred delinquencies in paying rent with Landlord, the Tenant shall payoff those delinquencies upon any offer to exercise its Option. F. Tenant Breach. Should the Tenant materially breach this Agreement for any reason other than nonpayment, at the discretion of Landlord, the Tenant's Option may be denied. Landlord shall not unreasonably withhold it agreement to the exercise of the Option. G. No Obligation to Purchase. Tenant is under no obligation to purchase the Property and has the right to continue under the terms of this Agreement as Tenant/renter for the balance of the Term. However, if the Tenant fails to exercise the option at the conclusion of the Option Period, the Option to Purchase shall expire. H. Sale to Third Parties. If Landlord sells the Property to a third party which has no legal affiliation to the Tenant, as a condition of sale, the new Purchaser agrees to be bound by 155 of 357 4 the terms of this Agreement and shall have no right to evict Tenant, to vary the terms of this Agreement or to terminate this Lease under any terms other than those contained herein. I. Tenant Declines to Purchase. If at the end of the five (5) year term of this Lease, the Tenant has exercised its right to Purchase the Property at the agreed Purchase Price, the Parties may agree to enter into a new lease which shall be at current market rents then in effect. SECTION 6: USE OF PROPERTY A. Permitted Use. Tenant will use the Property to operate a restaurant and brewery and to transact other related business and uses incidental thereto. No part of the Property will be used for any other purpose without the prior written consent of Landlord (the “Permitted Use”). Tenant shall apply and obtain the proper licenses to operate a brewery and restaurant within the City of Evanston, to enable Tenant to sell and offer for sale from the Property in accordance with all applicable laws, alcoholic beverages, liquor, spirits, beer and wine for on- site and off-Property consumption (herein “Alcoholic Beverage License”). Tenant shall also apply for and obtain the proper restaurant license from the corporate authorities (“Business License”). The use of the Property will be in conformance with the restrictions set forth in the Alcoholic Beverage License and the Business License. In the conduct of its business on the Property, Tenant will observe and comply with all laws, ordinances and regulations of public authorities. Tenant acknowledges that the Property is owned by the City of Evanston and therefore no smoking will be permitted at the Property. Tenant will not permit any unlawful or immoral practice to be committed or carried on in the Property by Tenant or any other person. Tenant will not use or allow the use of the Property for any purpose whatsoever that will injure the reputation of the Property or of the Building of which they are a part. B. Business Hours. Tenant will operate the Property and be open for business at the discretion of the Tenant. When Tenant is open for business, Tenant will provide adequate personnel to service its customers. However, if Tenant is unable to comply with this provision due to shortage of materials, act of God, and destruction of the Property by fire or other reason beyond Tenant's control (financial inability of Tenant accepted), Tenant will not be deemed to be in default. C. Storage of Merchandise. Tenant agrees to store on the Property only goods, wares and merchandise Tenant intends to offer for retail sale from the Property or to use in connection with the service offered by Tenant in the regular course of the Tenant's business. D. Storage of Inflammable Materials. Tenant agrees that it will not permit to be kept at the Property any gasoline, distillate or other petroleum product, or other substance of an explosive or inflammable nature as may endanger any part of the Property without the written consent of the Landlord. Landlord understands and agrees that Tenant will utilize materials in the kitchen of the restaurant and in the brewery that include flammable materials E. Use Impairing Structural Strength. The Tenant will not permit the Property to be used in any manner that will impair the structural strength of the building, or permit the installment of any machinery or apparatus the weight or vibration of which may tend to impair the building's foundations or structural strength. F. Garbage Disposal. The Tenant will not incinerate any garbage or debris in or about the Property, and will cause all containers, rubbish, garbage and debris stored in the Property to be hauled away for disposal before accumulation of any substantial quantity. G. Parking. The Landlord shall not provide any parking spaces to the Tenant. The Tenant is responsible for coordinating and providing adequate parking for the Permitted Use under the City Code. 156 of 357 5 SECTION 7: IMPROVEMENTS. A. Improvement Allowance. Landlord shall provide Tenant with an improvement allowance to fund “vanilla box” improvements for the Building in the principal amount of Two Hundred Thousand Dollars ($200,000.00) which will be paid through the Howard-Ridge Tax Increment Financing District funds (“Tenant Improvement Allowance”). The administration of the Tenant Improvement Allowance will be governed by a separate TIF Grant Agreement between the Parties. As detailed in the TIF Grant Agreement, the terms of which are incorporated herein by reference, the Tenant Improvement Allowance funds will be distributed within a timely manner upon presentation by the General Contractor’s or Subcontractor’s invoices as approved by the Tenant. . Payments shall be made directly to the General Contractor or the Subcontractors as the case may be. B. Construction of Improvements. Tenant accepts the Property in an “as-is” condition and represents, covenants and agrees, at its sole cost and expense, that it shall construct, reconstruct and develop in accordance with the terms of this Agreement, the Site Plan of Exhibit C (herein “Tenant’s Work”). Tenant’s Work shall include, but not limited to: (1) Tenant shall renovate and develop the Building and Property free from any and all Hazardous Substances; (2) Tenant shall complete the construction in substantial compliance with the design as depicted on the Site Plan; and (3) All work necessary to bring the Property into compliance with applicable federal, state and local building codes and regulations. C. Delivery Date. The Parties contemplate that the permit and construction process will take 6-7 months. Tenant shall use due diligence and commercially reasonable efforts to ensure that the construction is complete no later than December, 2013 (“Tenant’s Work Completion Date”). If Tenant’s Work Completion Date does not occur on or before December1, 2013 (subject to delays due to Force Majeure), then such failure to deliver shall not be a default hereunder, however the Tenant shall deliver a punch list of items to be completed and a timeline for completion to Landlord within five (5) business days of Tenant’s Work Completion Date. Tenant acknowledges that Landlord will not extend the period of free rent beyond what is provided in this Agreement due to any delay in Tenant’s Work. Notwithstanding anything to the contrary contained herein, should Tenant fail to complete Tenant’s Work within 3 months of Tenant’s Work Completion Date, Landlord shall have the option to complete Tenant’s Work and seek reimbursement for said expense from Tenant. D. Plans and Specifications. All architectural plans, diagrams, specifications and other data relating to Tenant’s Work shall be produced by Tenant at its sole cost and expense. Tenant’s Plans shall be reviewed by Landlord prior to submission for construction permit. Landlord shall have the opportunity to provide comments and suggested revisions and Tenant cannot unreasonably withhold its consent to said revisions. If Landlord shall reject Tenant’s Plans as aforesaid then Tenant shall thereafter have the right to either incorporate such changes in part or in whole, or reject the changes with reasons stipulated. Neither party’s approval of the other party’s plans shall create responsibility or liability on the part of such approving party for the completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities of such plans. E. Property Inspection. Notwithstanding any other provision of this Agreement, Tenant shall have the right to inspect the Property for a period of seven (7) days following the execution of this Agreement. If, as a result of the inspection, Tenant is advised and determines that the cost of bringing the Property up to required building Code standards exceeds Two Hundred Thousand and 00/100 Dollars ($200,000.00), then Tenant shall have the right to terminate this Agreement by written notice to the Landlord within fourteen (14) days of the execution of this Agreement. Landlord shall have the right to conduct a field survey of the Property and 157 of 357 6 inspection of the Property during the time of construction of the Tenant’s Work upon 2 business days’ written notice. F. Insurance during the Construction of Improvements. Within ten (10) days after the execution of this Agreement, Tenant shall procure and maintain (or shall cause the Tenant’s DBO Contractor to procure and maintain, naming Tenant and any other Persons required to be so named hereunder as additional insured) during the completion of Tenant’s Work, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Tenant Work, its agents, subcontractors, representatives and employees. Insurance, together with endorsements as required by this section shall be of the type, in the amounts and subject to all provisions in this section. Tenant acknowledges and agrees that if it fails to comply with all requirements of this Section, the Landlord may void the Agreement. Tenant must give to the City Certificates of Insurance identifying the Landlord to be an Additional Insured for all Work done pursuant to this Agreement before the Landlord’s staff recommends award of the contract to City Council. Any limitations or modifications on the Certificate(s) of Insurance issued to the Landlord in compliance with this Section that conflict with the provisions of this section shall have no force and effect. After award of the contract to the Tenant’s General Contractor, Tenant shall give Landlord a certified copy(ies) of the insurance policy(ies) and all riders to such policy(ies) evidencing the amounts set forth in this section, and copies of the Additional Insured endorsement to such policy(ies) which name Landlord as an Additional Insured for all Tenant’s Work done pursuant to this Agreement before Contractor does any Work pursuant to this Agreement. Tenant’s certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without sixty (60) days prior written notice (hand delivered or registered mail) to Landlord . Tenant shall promptly forward new certificate(s) of insurance evidencing the coverage(s) required herein upon annual renewal of the subject policies. The policies and the Additional Insured endorsement must be delivered to the Landlord within two (2) weeks of the request. All insurance policies shall be written with insurance companies licensed or authorized to do business in the State of Illinois and having a rating of not less than A-XIII or better as published within the prior twelve months, or if none, the most recent edition of Best’s Key Rating Guide, Property-Casualty Edition. Any deductibles or self-insured retentions must be declared to and approved by City. Commercial general liability coverage at least as broad as Insurance Services Office Commercial General Liability occurrence coverage (“occurrence” form CG0001, Ed. 11/88) with a general aggregate amount of not less than $1,000,000, $1,000,000 Products and Completed Operations Aggregate, and $1,000,000 for each occurrence. Deductibles shall be commensurate with industry practice. Tenant understands that the acceptance of Certificates of Insurance, policies, and any other documents by the Landlord in no way releases the Contractor and its subcontractors from the requirements set forth herein. Tenant’s insurance and any insurance provided in compliance with these specifications shall be primary with respect to any insurance or self-insurance programs covering the Landlord , its City Council and any officer, agent or employee of the Landlord. Tenant expressly agrees to waive its rights, benefits and entitlements under the “Other Insurance” clause of its commercial general liability insurance policy as respects the Landlord. In the event Tenant fails to purchase or procure insurance as required above, the parties expressly agree that Tenant shall be in default under this Agreement, and that the Landlord may recover all losses, attorney’s fees and costs expended in pursuing a remedy, or reimbursement, at law or in equity, against Tenant. All liability coverage shall name the Landlord, its City Council and every officer, agent and employee of the Landlord as an additional insured. Where available, the insurer shall agree to waive all rights of subrogation against the 158 of 357 7 Landlord, its City Council and every officer, agent and employee of Landlord. In the event any insurance required to be maintained herein becomes unavailable or is not available on commercially reasonable terms, the Tenant shall maintain or shall cause to be maintained the best that is available on commercially reasonable terms as agreed with Landlord (or in the event of disagreement, as determined under the dispute resolution procedures of this Agreement). G. Improvements following conclusion of Term or Breach of Lease: If the Tenant does not exercise the Option and the Term expires, without a new lease agreement, or if the Lease is terminated pursuant to Section 20, the Tenant waives all rights and claims of interest in the property; however, any Improvements paid for and installed by the Tenant shall remain the property of the Tenant and Tenant shall have the right to remove such improvements at the termination of the Lease regardless of the reason for the termination.. SECTION 8: SIGNS: Tenant will have the exclusive right to maintain on the exterior and interior of the Property, at its own expense, all signs necessary to conduct the business of Tenant. Tenant acknowledges that there are limitations and an application process outlined in the City of Evanston’s Municipal Code for the sign size, type, and number and Tenant agrees to be bound by such ordinances. SECTION 9: DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS: Except as provided by Illinois law, Landlord as the owner of the Property, and shall be liable for any injury done or occasioned by wind or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pipes or steam pipes, or from broken stairs, porches, railings or walks, or from the backing up of any sewer pipe or down-spout or from the bursting, leaking or running of any tank, tub, washstand, water closet or waste pipe, drain, or any other pipe or tank in, upon or about the Property or the building of which they are a part nor from the escape of steam or hot water from any radiator, caused by conditions prior to the execution of this Agreement , and for any such damage or injury occasioned by water, snow or ice being upon or coming through the roof, skylight, trap door, stairs, walks or any other place upon or near the Property, or otherwise, and for any such damage or injury done or occasioned by the falling of any fixture, plaster, or stucco, and for any damage or injury arising from any act, omission or negligence of co-tenants or of other persons, occupants of the same building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property, or of Landlord’s agents or Landlord SECTION 10: CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT A. Use of Partially Damaged Property: On damage or destruction to the Property, Tenant will continue to use it for the operation of its business to the extent practicable. B. Right to Terminate: Either Party will have the right to terminate this Agreement if, , the Property is damaged to an extent exceeding fifty percent of the reconstruction cost of the Property as a whole. Notice of termination of this Agreement in writing delivered to the other Party within ten (10) days of the damage. C. Repairs in the event of Casualty: If the Property is damaged or destroyed before or after the start of the Agreement by any cause beyond Tenant's control, then Landlord will immediately, on receipt of insurance proceeds paid in connection with casualty damage, but no later than (60) sixty days after damage has occurred, allow Tenant to construct the repairs up to the amount of the insurance proceeds. Repairs will include any improvements made by Tenant with Landlord's consent, on the same plan and design as existed immediately before the damage occurred, subject to those delays reasonably attributable to governmental restrictions 159 of 357 8 or failure to obtain materials, labor or other causes, whether similar or dissimilar, beyond the control of Landlord. Materials used in repair will be as nearly like original materials as reasonably procured in regular channels of supply. Wherever cause beyond the power of the party affected causes delay, the period of delay will be added to the period in this lease for completion of the work, reconstruction or replacement. D. Reduction of Rent during Repairs: If Tenant continues to conduct business during the making of repairs, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Property bears to the whole. The determination of the unusable space shall be determined by the Landlord and Tenant. No rent will be payable while the Building is wholly unoccupied pending the repair of casualty damage. SECTION 11: REPAIRS AND MAINTENANCE A. Condition of Property. Tenant shall keep the Property and appurtenances thereto in a clean condition, and in good repair, all according to the statutes and ordinances in such cases made and provided, and the directions of public officers thereunto duly authorized, all at Tenant’s own expense, reasonable wear and tear excepted. Tenant shall make all necessary repairs and renewals upon Property and replace broken globes, glass and fixtures with material of the same size and quality as that broken and shall insure all glass in windows and doors of the Property at his own expense. Tenant shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. B. Responsible Party for Maintenance and Repairs. Tenant acknowledges that it is responsible for any and all maintenance and repairs, both exterior and interior maintenance and repair responsibilities for the Property, with no right of reimbursement from the Landlord. Tenant agrees to perform all necessary maintenance and repair responsibilities in a workmanlike manner and address any and all issues as quickly as possible. Tenant shall guarantee to: (1). Perform regular inspections and maintenance to HVAC unit; (2) Perform regular inspections and maintenance to furnace unit; (3) Keep the exterior walkways and pavement free from snow and ice. Tenant will furnish snow removal equipment and salt. (4) All refuse from Property to be placed in appropriate containers for the refuse haulers. (5) Maintain all of the Property in a clean, neat and orderly condition. SECTION 12: UTILITIES Tenant agrees to pay before delinquency all charges for gas, water, heat, electricity, power and other similar charges incurred by Tenant during its occupancy of the Property. SECTION 13: TAXES Tenant will pay before delinquency all taxes levied on Tenant's fixtures, equipment and personal property on the demised Property, whether or not affixed to the real property (“Fixture and Equipment Taxes”). Tenant will also pay all real property taxes before delinquency and provide proof of payment to the Landlord for each installment during the term of this Lease (the “Real Estate Taxes”). The amount of the Real Estate Taxes owed will fluctuate based on Cook County assessments. Tenant shall submit proof of payment within five (5) business days of submission of payment and prior to the due date on the respective tax bill. The Landlord will prorate the real estate taxes for 2013 to the date of the Agreement and will pay the first installment of the 2013 taxes, payable in 2014 and invoice Tenant for its portion of the first installment, Tenant will not be responsible for taxes prior to the date of the Agreement. 160 of 357 9 Subsequent installments will be paid directly by Tenant to the Cook County Treasurer and Tenant will arrange for the Cook County Treasurer to issue bills directly to the Tenant. SECTION 14: INSURANCE A. Insurance Company. It is agreed that any policies of insurance to be maintained by the respective parties will be obtained from solvent insurance companies. B. Liability Coverage. Notwithstanding the requirements set forth in Section 8F, Tenant agrees that it will, at its expense, maintain a policy of insurance, written by responsible insurance carriers, approved by Landlord that will insure Landlord against liability for injury to or death of persons or damage to property occurring about the demised Property. The liability under insurance will be at least $1 million for any one person injured or killed or any one occurrence, $2 million general aggregate coverage for any one accident, and $ 100,000.00 property damage. C. Worker’s Compensation: Tenant agrees to maintain employees' Worker’s Compensation insurance required under Illinois law, and any other insurance necessary to protect Landlord against liability to person or property. D. Fire Insurance on Equipment and Inventory. The Tenant agrees to maintain on all equipment in the Property, a policy of fire insurance in companies approved by the Landlord of at least __80__% of the insurable replacement value. Landlord shall not unreasonably withhold its approval. Tenant also will maintain adequate inventory insurance, the proceeds of which will, as long as this Agreement is in effect, be used for the replacement of the insured property. The policy will name Landlord as additional beneficiary to protect Landlord’s interest as Landlord. E. Fire Insurance on Property. Landlord agrees to maintain during this Agreement, a policy fire insurance of at least __80__% of the insurable value of the Property. If permitted without additional charge, Landlord will cause to be endorsed on its fire insurance, and any extended coverage policy or policies, the waiver of right of subrogation. F. Tenant’s Waiver of Casualty Insurance Proceeds. If the Property is damaged by fire or other casualty insured against, Tenant agrees to claim no interest in any insurance settlement arising out of any loss where premiums are paid by Landlord, or where Landlord is named as sole beneficiary, and that it will sign all documents required by Landlord or the insurance company necessary in connection with the settlement of any loss. If such damage occurs and the premiums are paid by Tenant, any insurance settlement shall be paid to Tenant. G. Control of Insurance Proceeds to avoid Capital Gain. If the Property, including any improvements, were to be damaged in any manner, and the receipt of any insurance proceeds or other reimbursement for such damage would result in the realization of taxable gain for federal or state purposes, then the party to whom the gain would be taxed will have the right to take all action respecting proceeds or reimbursements necessary to enable party to comply with any regulations of the appropriate taxing authorities, so that the gain will not be recognized for tax purposes. Nothing here will be construed to entitle Landlord to delay any repairs to any part of the improvements in the event of damage. SECTION 15: SURRENDER OF PROPERTY – HOLDING OVER Subject to the Option to Purchase language, Tenant will, at the termination of this Lease, leave the Property in as good condition as it is at the time of entry by Tenant, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Tenant. On vacating, Tenant will leave the Property clear of all rubbish and debris. If Tenant retains possession of the Property or any part thereof after the termination of the term by lapse of time or otherwise, then Landlord may at its option within thirty (30) days after termination of the term serve written notice upon Tenant that such holding over constitutes the creation of a month to 161 of 357 10 month tenancy, upon the terms of this Agreement. Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenant. The provisions of this paragraph shall not constitute a waiver by Landlord of any right of re-entry as hereinafter set forth; nor shall receipt of any rent or any other act in apparent affirmation of tenancy operate as a waiver of the right to terminate this Agreement for a breach of any of the covenants herein. SECTION 16: LIENS A. Liens and Encumbrances. The Tenant will hold the Landlord harmless from all claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of any work or activity of Tenant on the Property. Tenant will, within sixty (60) days after filing of any lien, fully pay and satisfy the lien and reimburse Landlord for all resulting loss and expense, including a reasonable attorney's fees; provided, however, in the event that Tenant contests any lien so filed in good faith and pursues an active defense of said lien, Tenant shall not be in default of this paragraph. However, in the event of any final judgment against Tenant regarding such lien, Tenant agrees to pay such judgment and satisfy such lien within 60 days of the entry of any such judgment. B. Discharge of Liens: If Tenant fails to fully discharge any claim, lien, claim of lien, demand, charge, encumbrance, or litigation, or should proceedings be instituted for the foreclosure of any lien or encumbrance, and if judgment is rendered against Tenant either by a court of competent jurisdiction or by arbitration and Tenant still persists in non-payment of the same within the 60 day set forth above, Landlord will have the right at any time after expiration of the 60-day period, to pay the lien or encumbrance. All amounts so paid will be repaid by the Tenant on demand, together with interest at the rate of __10__% per year from the date of payment and shall be considered additional rent owed to Landlord by Tenant. SECTION 17: INDEMNIFICATION A. Tenant’s negligence or willful misconduct In the event of the Tenant’s negligence or willful misconduct, Tenant shall defend, indemnify and hold harmless City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including without limitation costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Tenant or Tenant’s subcontractors, employees, agents or subcontractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting Landlord , or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. Tenant shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to Landlord and employees and agents, including without limitation the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. In the event of Tenant’s negligence or willful misconduct, at the Landlord’s option, Tenant must defend all suits and must pay all costs and expenses incidental to them, but the Landlord has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Tenant of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Agreement by must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the Landlord. 162 of 357 11 To the greatest extent permissible by law, Tenant waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any losses, including any claim by any employee of Tenant that may be subject to the Illinois Workers Compensation Act, The Landlord, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute. Tenant is responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of Tenant’s Work. Acceptance of the work by the Landlord will not relieve Tenant of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. All provisions of this section shall survive completion, expiration, or termination of this Agreement. B. Landlord’s negligence or willful misconduct In the event of the Landlord’s negligence or willful misconduct, Landlord shall defend, indemnify and hold harmless Tenant and its officers, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including without limitation costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Landlord during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting Tenant, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. Landlord shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. At the Tenant’s option, Landlord must defend all suits and must pay all costs and expenses incidental to them, but the Tenant has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Landlord of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Agreement by must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the Landlord. All provisions of this section shall survive completion, expiration, or termination of this Agreement. SECTION 18: LANDLORD'S RIGHT OF INSPECTION Tenant shall allow Landlord or any person authorized by Landlord upon two (2) days written notice to Tenant, as part of authority under the City of Evanston Municipal Code reasonable access to the Property during regular business hours for the purpose of examining or exhibiting the same. If the Tenant does not exercise the Option and/or will be vacating the Property at or prior to the end of the Term, Tenant will also allow Landlord to have placed upon the Property at all times notices of “For Sale” and “For Rent”, and Tenant will not interfere with the same. SECTION 19: ENVIRONMENTAL CONDITIONS A. Tenant’s obligations. From the date of the execution of this Agreement, for acts creating environmental violations caused by the Tenant during the operation of the business by the Tenant, Tenant shall indemnify, defend and hold the harmless Landlord from any personal injury, property damage or liability arising in connection conditions in violation of environmental laws. “Environmental Laws” shall mean and include all federal, state and local statutes, ordinances, regulations and rules relating to environmental quality, health, safety contamination and clean- 163 of 357 12 up, including, without limitation, the Clean Air Act, 42 U S.C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq. and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act (“ERA”), 7 U.S.C. Section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et seq; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. Section 6901 et seq., as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300fe seq.; the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. Section 9601 et seq., as amended by the Superband Amendments and Reauthorization Act, the Emergency Planning and Community Right-to Know Act, and Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act (“TSCA’’), 15 U.S.C. Section 2601 et; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq., and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; and any environmental protection, beam superlien or environmental clean-up statutes of the State of Illinois, with implementing regulations and guidelines, as amended from time to time. Environmental Laws shall also include all state, regional, county, municipal and over local laws, regulations and ordinances insofar as they are equivalent or similar to the federal laws recited above or purport to regulate hazardous materials. B. Landlord’s Obligations. For environmental issues arising from the ownership of the Property prior to the date of the execution of this Agreement, the Landlord shall indemnify, defend and hold the harmless Tenant from any personal injury, property damage or liability arising in connection conditions in violation of environmental laws. “Environmental Laws” shall mean and include all federal, state and local statutes, ordinances, regulations and rules relating to environmental quality, health, safety contamination and clean-up, including, without limitation, the Clean Air Act, 42 U S.C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq. and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act (“ERA”), 7 U.S.C. Section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et seq; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. Section 6901 et seq., as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300fe seq.; the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. Section 9601 et seq., as amended by the Superband Amendments and Reauthorization Act, the Emergency Planning and Community Right-to Know Act, and Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act (“TSCA’’), 15 U.S.C. Section 2601 et; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq., and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; and any environmental protection, beam superlien or environmental clean-up statutes of the State of Illinois, with implementing regulations and guidelines, as amended from time to time. Environmental Laws shall also include all state, regional, county, municipal and over local laws, regulations and ordinances insofar as they are equivalent or similar to the federal laws recited above or purport to regulate hazardous materials. SECTION 20: DEFAULT AND REMEDIES A. Events of Default: Any one of the following events shall be deemed to be an “Event of Default” hereunder by Tenant subject to Tenant's right to cure: 164 of 357 13 (1) Tenant fails to pay its Rent within five (5) days at the time and place when and where due; (2) Tenant shall fail to maintain the insurance coverage as set forth herein, and does not cure, or commence the good faith cure of any such failure, within thirty (30) days after written notice to Tenant of such failure; (3) Tenant shall fail to comply with any term, provision, condition or covenant of this Lease, other than the payment of rent, and shall not cure, or commence the good faith cure of any such failure, within thirty (30) days after written notice to the Tenant of such failure; (4) Tenant shall make a general assignment the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy; or (5) Any default by Tenant under the terms of the TIF Grant Agreement and the default is not cured within thirity (30) days after written notice to Tenant such failure. B. Occurrence of an Event: Upon the occurrence of any Event of Default which Tenant fails to cure , Landlord shall have the option to pursue any one or more of the following remedies subject to the laws of the State of Illinois and the Tenants right to cure detailed above: (1) Landlord may terminate this Lease in which event Tenant shall immediately surrender the Property to Landlord, but if Tenant fails to do so, Tenant hereby grants to Landlord full and free license to enter into and upon the Property or any part thereof, to take possession to the extent permitted by law, and to expel and to remove Tenant or any other person who may be occupying the Property or any part thereof. Landlord may use such reasonable force in and about expelling and removing Tenant and other persons as may reasonably be necessary after requesting them to vacate the Property, and Landlord may re- possess itself of the Property as of its former estate, but such entry on the Property shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue thereof, nor a waiver of any covenant, agreement or promise in this Agreement contained to be performed by Tenant. (2) Landlord may recover from Tenant upon written demand all of Landlord's costs, charges and expenses, including the fees and costs of counsel, agents and others retained by Landlord which have been incurred by Landlord in enforcing Tenant's obligations hereunder, subject to Landlord prevailing on its claims. (3) Pursuit of any of the foregoing remedies shall not preclude pursuit of any other remedy herein provided or available to Landlord at law or in equity, or constitute a forfeiture or waiver of any Rent due hereunder or of any damages suffered by Landlord. If in Landlord's judgment any default by Tenant will jeopardize the Property or the rights of Landlord, Landlord may, with notice, elect to cure Tenant's default and Tenant will reimburse Landlord, with interest, on 10- days' notice by Landlord to Tenant. C. Repossession or Re-letting: No repossession, operation or re-letting of the Property or of fixtures and equipment will be construed as an election by Landlord to terminate this Agreement unless a written notice is given by the Landlord to the Tenant. The Landlord may terminate this Agreement in writing if the Tenant remains in default. The acceptance of rent, whether in a single instance or repeatedly, after it falls due, or after knowledge of any breach hereof by Tenant, or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except written waiver, shall not be 165 of 357 14 construed as a waiver of Landlord’s rights to act without notice or demand or of any other right hereby given Landlord, or as an election not to proceed under the provisions of this Agreement. D. Tenant’s Obligation to pay Deficiencies. If rentals received by the Landlord from re-letting the Property under the provisions of this section are insufficient to pay all expenses and amounts due, Tenant will pay any deficiencies to the Landlord on demand and be declared in default for failure to pay. E. Future rent: If this Agreement is terminated by Landlord due to any default by Tenant, Landlord will be entitled to recover from Tenant, at termination, the excess, if any, of the rent reserved in this Agreement for the balance of the term over the reasonable rental value of the Property for the same period. The "reasonable rental value" will be the amount of rental Landlord can obtain as rent for the balance of the term. SECTION 21: REMEDIES NOT EXCLUSIVE The obligation of Tenant to pay the rent reserved hereby during the balance of the term hereof, or during any extension hereof, shall not be deemed to be waived, released or terminated, by the service of any five-day notice, other notice to collect, demand for possession, or notice that the tenancy hereby created will be terminated on the date therein named, the institution of any action of forcible detainer or ejectment or any judgment for possession that may be rendered in such action, or any other act or acts resulting in the termination of Tenant’s right to possession of the Property. The Landlord may collect and receive any rent due from Tenant and payment or receipt thereof shall not waive or affect any such notice, demand, suit or judgment, or in any manner whatsoever waive, affect, change, modify or alter any rights or remedies which Landlord may have by virtue hereof. SECTION 22: EXPENSES OF ENFORCEMENT Tenant, if Landlord is the prevailing party, shall pay upon demand all Landlord’s costs, charges and expenses, including reasonable attorney’s fees, agents fees and fees of others retained by Landlord, incurred in enforcing any of the obligations of Tenant under this Agreement, or in any litigation, negotiation or transaction in which Landlord shall, without Landlord’s fault become involved through or on account of any action or omission of Tenant regarding this Agreement. Landlord, if Tenant is the prevailing party, shall pay upon demand all Tenant’s costs, charges and expenses, including reasonable attorney’s fees, agents fees and fees of others retained by Tenant, incurred in enforcing any of the obligations of Landlord under this Agreement, or in any litigation, negotiation or transaction in which Tenant shall, without Tenant’s fault become involved through or on account of any action or omission of Landlord regarding this Agreement. SECTION 23: EMINENT DOMAIN A. Property Taken. If the Property is taken for a public or quasi-public use, this lease will terminate as of the date of the physical taking, and the Parties will be released from all further liability. B. Abatement of Rent. If the Property is subject to Eminent Domain, all obligations of the Tenant to pay rent for the remainder of the Term terminate as of the date of the physical taking and the Tenant shall not be liable for any balance of the rent due under the terms of this Lease. Tenant shall have sixty (60) following such taking to remove any improvements or equipment that it has purchased and installed or located on the Property including any fixtures. C. Right to Condemnation Award. Any award made in any condemnation proceeding for the taking of any part of the Property will be the sole property of Landlord. 166 of 357 15 SECTION 24: GOVERNMENTAL INTERFERENCE WITH POSSESSION Tenant will not be released by any order of abatement or judgment preventing use of the Property on the ground that the Property or the business operated there constitutes a legally recognized nuisance. SECTION 25: PEACEFUL ENJOYMENT Landlord covenants and warrants that, subject to any trust deeds or mortgages of record, it is the owner of the Property , and that Tenant, on payment of rents and performance of the conditions, covenants, and agreements to be performed by it, may enjoy the Property without interruption or disturbance. SECTION 26: AMENDMENTS TO BE IN WRITING This Agreement may be modified or amended only in writing signed by Landlord and Tenant. It may not be amended or modified by oral agreements between the Parties unless they are in writing duly executed by Landlord and Tenant. SECTION 27: PARTIES BOUND Every provision of this Agreement will bind the parties and their legal representatives. The term "legal representatives" is used in its broadest meaning and includes, in addition to executors and administrators, every person, partnership, corporation or association succeeding to any interest in this Agreement. Every covenant, agreement and condition of this Agreement will be binding on Tenant's assignees, subtenants, concessionaires and/or licensees, heirs, administrators and executors. SECTION 28: NOTICES All notices or demands to be made pursuant to this Agrement shall be made at the addresses shown below by mailing a copy by registered or certified mail to the following addresses for the parties: LANDLORD: City of Evanston Attn: Legal Department 2100 Ridge Avenue, Rm 4400 Evanston, IL 60201 TENANT: Debbie and Jamie Evans 1028 Ashland Ave Evanston, IL 60202 Service will be deemed complete at the time of the leaving of notice or within 5 days after mailing. If Tenant is avoiding the service of any notice and is not present at the Property for a period of more than 14 consecutive days, notices may be served by posting such notice upon the Property. Notice shall than be deemed effective 5 days after such posting. SECTION 29: MISCELLANEOUS Provisions typed on this Agreement and all riders attached to this Agreement and signed by Landlord and Tenant are hereby made a part of this Agreement. Tenant shall keep and observe such reasonable rules and regulations now or hereafter required by Landlord, which may be necessary for the proper and orderly care of the building of which the Property 167 of 357 16 are a part. All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the benefit of Landlord and Tenant and their respective heirs, legal representatives, successors and assigns. The rights and remedies hereby created are cumulative and the use of one remedy shall not be taken to excuse or waive the right to the use of another. This Agreement and any written and signed Amendments and/or Riders hereto shall constitute the entire agreement between the parties, and any oral representations made by one party to the other are considered merged herein. In all cases where Landlord’s consent is required, Landlord’s consent shall not be unreasonably withheld. This Agreement may be executed in multiple copies, each of which shall constitute an original. SECTION 30: VENUE AND JURISDICTION The Parties agree that any dispute under this Agreement that the Parties cannot resolve to mediation before a recognized mediator or mediation company. If the Parties are unable to satisfactorily resolve their dispute pursuant to mediation within 60 days of notice of the dispute, then the Parties agree the this Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes shall be in the Circuit Court of Cook County, Illinois. [Signatures on following page] 168 of 357 17 IN WITNESS WHEREOF, both of said Landlord and Tenant have caused this Agreement to be executed as of the date and year first above written by a duly authorized officer or manager of each of the respective parties. Landlord: THE CITY OF EVANSTON, an Illinois home rule municipal corporation By: _________________________________ Its: City Manager, Wally Bobkiewicz Tenant: PECKISH ONE LLC, an Illinois limited liability company By: _________________________________ Its: Manager, Debbie Mussell Evans By: _________________________________ Its: Manager, Jamie Evans 169 of 357 18 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The Undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that Wally Bobkiewicz, City Manager of the City of Evanston, personally known to me to be the same person whose name is subscribed to the foregoing instrument as such officer, appeared before me this day in person and acknowledged that he signed and delivered such instrument as his own free and voluntary act, and as the free and voluntary act of the City of Evanston, all for the uses and purposes set forth therein. Given under my hand and notarial seal on ____________, 2013. Notary Public My Commission Expires: STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The Undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that Debbie and Jamie Evans of Peckish One LLC, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such officers, appeared before me this day in person and acknowledged that they signed and delivered such instrument as their own free and voluntary act, and as the free and voluntary act of Peckish One LLC, all for the uses and purposes set forth therein. Given under my hand and notarial seal on ____________, 2013. Notary Public My Commission Expires: 170 of 357 19 EXHIBIT A LEGAL DESCRIPTION LOTS 7, 8 AND 9 IN BLOCK 1 IN NILES HOWARD TERMINAL ADDITION, BEING A SUBDIVISION OF THE SOUTH 6.25 FEET CHAINS (412 ½ FEET) OF THAT PART OF THE NORTHEAST ¼ OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE RIGHT OF WAY OF THE CHICAGO AND NORTH WESTERN RAILROAD COMPANY, IN COOK COUNTY, ILLINOIS. Common Address: 623-627 1/2 Howard Street, Evanston, Illinois 60202 PIN: 11-30-209-025-0000 171 of 357 20 EXHIBIT B RENT PAYMENT SCHEDULE 5 Year Term (60 months) Month Rent Payment 1 $0 31 $6,500 2 $0 32 $6,500 3 $0 33 $6,500 4 $0 34 $6,500 5 $0 35 $6,500 6 $0 36 $6,500 7 $0 37 $6,500 8 $0 38 $6,500 9 $0 39 $6,500 10 $0 40 $6,500 11 $0 41 $6,500 12 $0 42 $6,500 13 $0 43 $7,500 14 $0 44 $7,500 15 $0 45 $7,500 16 $0 46 $7,500 17 $0 47 $7,500 18 $0 48 $7,500 19 $5,500 49 $7,500 20 $5,500 50 $7,500 21 $5,500 51 $7,500 22 $5,500 52 $7,500 23 $5,500 53 $7,500 24 $5,500 54 $7,500 25 $5,500 55 $8,500 26 $5,500 56 $8,500 27 $5,500 57 $8,500 28 $5,500 58 $8,500 29 $5,500 59 $8,500 30 $5,500 60 $8,500 *Effective Date of Lease: _________________, 2013 and the first month of the Rent Payment Schedule commences upon execution of this agreement. 172 of 357 21 EXHIBIT C SITE PLAN 173 of 357 Person tables Number 11919 261122 Additional 2 2 143 SEATING LAYOUT - A total seats (not incl. lounge) 174 of 357 623 Howard- Brewery/Bar/Restaurant Peckish One, LLC Strategic Business and Marketing Plan 175 of 357 Peckish One LLC 2 1.0 Executive Summary The purpose of this business plan lay out the development of a new restaurant and brewery, referred to for the time being as Peckish One LLC. Peckish One LLC (“the Company”) is an Evanston based corporation that will develop a restaurant and microbrewery that will feature craft beers, cocktails and fresh, organic, farm to table food. The Company was founded by Deborah & Jamie Evans in 2013. 1.1 The Restaurant & Brewery Peckish One LLC intends to open an owner-operated restaurant and brewery at the location of 623 Howard St. that will serve a variety of clientele from both Evanston and Rogers Park. We intend to create a warm and inviting atmosphere that will appeal to a wide demographic and will establish ourselves as a neighborhood hangout as well as a destination location. We are very excited to be apart of this project that can bring a buzz to this underserved area, bringing great, affordable food and drink and creating a new meeting place. Having lived in Evanston and worked in local restaurants since 1997, we are confident that we can bring exactly what is needed to this demographic, and that the timing and location for this project are perfect. In addition to our experience in Evanston, we are partners at a Wine Shop and European Import Grocer just over the border in Rogers Park, so we feel we are well attuned to the needs and desires of the people living in the surrounding area as well. On top of providing quality food, house brewed beers, as well as other local and organic products, we hope to feature unique and diverse music acts as well as other special events to draw people into the up and coming Howard Street District. We plan to be open for dinner through the weekdays, as well as brunch/lunch/dinner on the weekends. We also hope to eventually if demand allows be open for lunch during the weekdays. In addition we will have a private dining room that can be adjoined to our dining room or separated for special events, or live music. We plan to serve a variety of fresh and smoked meat, chicken, and fish dishes along with a selection of homemade salads, sandwiches, and other entrees. We will also tap into local, organic, and seasonal products, when available, to create dishes that pair perfectly with craft beers including our own brew, and domestic and international wines. In addition to serving delicious and unique food offerings paired with on site beverages we also intend to sell our craft beers for off site consumption through distribution as well as on site through the brewery. 176 of 357 Peckish One LLC 3 1.2 Financing The city of Evanston will put forward $200,000 in Tax increment financing funds toward the rehabilitation of the building up to standard code, including but not limited to HVAC, plumbing, electrical work, etc. Financing Equity Contributions Management Investment $50,000.00 TIF FUND $200,000.00 Brew Fund (investment) $50,000.00 Total Equity Financing $300,000.00 Banks and Lenders Banks and Lenders $200,000.00 Total Debt Financing $200,000.00 Total Financing $500,000.00 Jamie and Debbie Evans are seeking to raise $200,000 from as a bank loan. The interest rate and loan agreement are to be further discussed during negotiation. This financing will be used for the following:  Development and decor of the Company’s Restaurant location.  Financing for the first six months of operation.  Capital to purchase kitchen equipment, tables, chairs and other FF&E.  Working capital Jamie and Debbie Evans will contribute $50,000 to the venture as a loan. Jeanne Stiles and Tom Fogarty will contribute $50,000 as an investment. 1.3 Mission Statement The mission of Peckish One LLC is to provide customers with an inviting service, outstanding line of fresh, farm to table cuisine dishes, and a diverse craft beer wine and cocktail list that appeal to the diverse nature of Evanston as whole while concurrently remaining within the letter of the law regarding the sale of food and alcohol in the State of Illinois. 177 of 357 Peckish One LLC 4 1.4 Management Team The founders of Peckish One LLC are Debbie and Jamie Evans. Debbie and Jamie, between the two of them, have more than 30 years of experience in the food service industry both from a staff and also an ownership point of view. Joining them as management will be India Mussell-McKay who has worked in the bar and restaurant industry for 8 years. Between the three managers and an additional part time manager, they will use their expertise, and will be able to bring the operations of the business to profitability within its first year of operations. 1.5 Sales Forecasts Peckish One LLC expects a strong rate of growth at the start of operations. Below are the projected financials over the next three years. TOTAL SALES TOTAL EXPENSE TAXES NET INCOME Year 1 1,278,983 1,013,211 132,119 133,653 Year 2 1,478,594 1,171,342 152,738 154,513 Year 3 1,709,358 1,380,373 165,497 163,488 2.0 Company and Financing Summary 2.1 Registered Name and Corporate Structure Peckish One LLC, Inc. The Company is registered as a corporation in the State of Illinois. 2.2 Required Funds At this time, the Peckish One LLC requires $495,532 of debt funds. Below is a breakdown of how these funds will be used: Projected Startup Costs Business Startup Year 2013 Initial Lease Payments and Deposits N/A Working Capital $30,000 FF&E $65,000 Leasehold Improvements $329,656 Security Deposits $5,500 178 of 357 Peckish One LLC 5 Insurance $20,000 Kitchen Equipment $26,000 Marketing Budget $5,000 Miscellaneous and Unforeseen Costs $10,000 Licenses and Permits $4,376 Total Startup Costs $495,532 2.3 Investor Equity Jeanne Stiles and Tom Fogarty will provide investor equity for the creation of the microbrewery. Financials to follow. 2.4 Management Equity Debbie & Jamie Evans own 100% of the Peckish One LLC, Inc. 3.0 Restaurant Products Below is a description of the products offered by the restaurant and brewery. 3.1 Globally Fresh Dishes As stated in the executive summary, the restaurant/brewery will offer diverse large and small plates that pair well with our featured home brews, and a domestic & international beers and wine list. We will feature simple and seasonal dishes, utilizing a focus on local and organic produce when available. By using fresh ingredients according to their seasonal availability we will be able to reduce the restaurants carbon footprint and maintain clean and natural flavors within every plate. In addition, Peckish One LLC inc. would utilize a smoker to prepare a variety of smoked meats and poultry. Following is a sample set of items that could be on the menu but is not limited to: 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) 179 of 357 Peckish One LLC 6 o Items chosen from a variety of ingredients like different varieties of lettuce and other greens, vegetables, nuts, beans, and cheese.  Soup du jour o Utilizing fresh ingredients of the season and/or picks from farmer’s 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 Mussels 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--i.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 caramelized onions.  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 180 of 357 Peckish One LLC 7  DESSERTS o Calvados Prunes with Lavender Honey o Deep fried Jam Butty with Vanilla Bean Ice Cream o Seasonal Fruit with Crème Fraiche and a Balsamic Reduction o Daily Fresh Baked Cupcakes In addition to a sit down menu, we will feature an assortment of prepackaged, and freshly made items to pick up and take to go. 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 quick grab and go crowd. 3.2 Internationally Focused Wine, Beer, and Cocktail List. We plan to offer our patrons an expansive line of beverages both non-alcoholic and alcoholic in nature, including a varied domestic and international beer and wine list that will appeal across the diverse nature of both Evanston and Chicago residents and visitors. Utilizing our extensive connections in the wine, beer and spirits industry we aim to pull together an exceptional beverage program that still maintains affordability and quality standards. According to a study done by the Craft Brewers Association, while the overall sales of beer have seen a decreased over the last three years, “Craft brewers saw a 15 percent increase in retail sales and a volume increase of 13 percent in 2011, for a total barrel increase of 1.3 million. The Brewers Association estimates the actual dollar sales figure from craft brewers in 2011 was $8.7 billion, up from $7.6 billion in 2010.” With the craft beer industry still booming, we hope to capture some of that interest by featuring our house brewed selections of beers as well as intend to feature crowd-pleasing local and other interesting craft domestic beers well as a selection of lesser-known international beers. In addition to beers, we will have a varied wine list will feature small as well as large wineries with a highlight on some biodynamic and sustainable options as well. With an emphasis on well-trained and informed staff, we hope to use the beer and wine list to educate consumers on aspects of wine and beer that they may not have known before.  Craft beers  Biodynamic  Sustainable  Grower Wines  Small cocktail list 181 of 357 Peckish One LLC 8 4.0 Strategic and Market Analysis 4.1 Customer Profile Evanston is a diverse city with a population of 74,846 (2010) made up of families, students, and working professionals. Peckish One LLC would first and foremost cater to working professionals and families both on the Evanston side of Howard, as well as the Rogers Park/Chicago side, while also aiming to pull in destination customers from all over the Chicagoland with our concept and quality food and drinks. The restaurant’s average customer will be middle class man or woman living in our targeted market of south and central Evanston, as well as Roger’s park. Common traits among clients will include:  Median Age: 33  Median Income of $55,000  Lives or works within 10 miles from the location.  Will spend $15 to $35 per visit to the our location 4.2 Competition The area, on both sides of Howard street, is presently underserved in respect of independent restaurants with freshly prepared, healthy food, and Peckish One LLC will address that need. Along Howard there is a plethora of fast food like options such as Popeye’s, Buffalo Joe’s, and Mcdonald’s. As far as the general direct surrounding neighborhood restaurants and bars that would be closest “competition” without being in direct competition, the options are limited to Ward Eight, Tally Ho Pub, and Hop Haus. -Tally Ho Pub is directly across the street from our location however does not overlap with our business as they do not serve food, and the primary use of our space is restaurant space. -Hop Haus on Clark and Howard does have an extensive beer list, and does serve food but does not brew their own beer, and with the influx of televisions serves more as a sports bar. -Ward Eight is directly next door to our location, and while there may be some overlap in the ideal of bringing quality food and drink options to Howard Street we feel as though their business model will actually support our plan and vice versa. We expect that customers will enjoy the superb cocktails served at Ward Eight, and come to Peckish One LLC for local beers and an excellent dinner or a snack. 182 of 357 Peckish One LLC 9 5.0 Marketing Plan We intends to maintain an extensive but affordable marketing campaign that will ensure maximum visibility for the business in its offset from downtown location utilizing word of mouth within our extensive hospitality industry connections, social media, and print and online advertising. 5.1 Marketing Objectives  Implement a local campaign with our targeted market via the use of flyers, social media such as Facebook and twitter, local newspaper advertisements, and word of mouth. In order to keep costs down we intend to lean on our connections for both word of mouth as well as website design, public relations, and so forth. 5.2 Marketing Strategies  Creation of a unique and interesting logo to create a well-rounded brand image.  Business “coming soon” website & promotional materials throughout building and leading up to opening to create interest and conversation.  In depth information and up to date web site and maintenance  Newspaper and other print media including suburban and city publications  Guerilla and underground marketing  Cohesive business cards, menus, signage, and other printed materials 5.3 Pricing In order to stay competitive and remain relevant to our target demographic we will strive to keep prices for both the menu and the bar affordable and reasonable. The average ticket price per person will range from $15-$35 dollars depending on the combination of items ordered. The mean price per category on the menus will be as follows: Appetizers will be priced between $6-$8 Entrees will be priced between $10-$22 Desserts will be priced between $6-$8 Soups will be priced between $4-$6 Sandwiches will be priced between $8-$15 Salads will be priced between $6-$15 Both draft and bottled beers will be priced between $4-$8 Wines by the glass will be priced between $8-$14 183 of 357 Peckish One LLC 10 6.0 Organizational Plan and Personnel Summary 6.1 Corporate Organization 6.2 Organizational Budget Personnel Plan - Yearly Year 1 2 3 Senior Management $100,000 $100,000 $100,000 Manager $45,000 $45,000 $45,000 Wait Staff $15,080 $17,000 $18,500 Busing Staff $41,461 $42,900 $44,205 Kitchen $211,520 $220,151 $229,991 Total $413,062 $425,053 $437,699 Numbers of Personnel Year 1 2 3 Senior Management 2 2 2 Manager (Full Time) 1 1 1 Manager (Part Time) 1 1 1 Wait Staff 10 10 10 Kitchen Staff 8 8 8 Bussing staff 4 4 4 Totals 26 26 26 Senior Management Restaurant Operations Administrative Staff Accounting Sales - Marketing Management Kitchen Staff Wait Staff Bussing Staff 184 of 357 Peckish One LLC 11 6.3 Personnel Summary: Principal Partners: Debbie Mussell Evans. Role at 623 Howard: Owner, Chef. Responsible for the creation of the menu, training and overseeing of kitchen and back of house, maintaining food costs, and ordering all food. Relevant Experience: Manager and partner Celtic Knot Public house, 2005-2013 Owner of At Home Dining Catering Company 2003-Present Principal and food buyer for Taste Food and Wine 2007-present Restaurant and Menu Consultant for an Irish themed bar/restaurant in Jacksonville Fl, as well as a casual dining Chicago restaurant. Chef and Kitchen Manger, Tommy Nevin’s Irish Pub 1997-2004 European Cuisine Instructor in Kitakyushu, Japan 1991-1993 Certified Health and Sanitation Manager Jamie Evans. Role at 623 Howard: Owner, bar and brewery manager. Responsible for the selection and purchase of the wine, beer, and spirits; and the music booking. Relevant Experience: Manager and partner Celtic Knot Public House, 2005-2013 Principal and Wine, Beer, and Spirits buyer for Taste Food and Wine from 2007- Present Bartender at Tommy Nevin’s Pub 1997-2004 Certified Health and Sanitation Manager Other Roles at 623 Howard Jeanne Stiles Role at 623 Howard: In house Sommelier. Responsible for staff training on all beers, wine, and spirits, connection contact, word of mouth advertising. Relevant Experience: Tenzing, A Wine & Spirits Company: Sales Manager 7/1/12-2/13 Tenzing, A Wine & Spirits Company: City Route Sales 2010-2012 Wine-O-Rama, Chicago, IL: City and Suburban Sales 2007-2010 Advanced Sommelier (2007); Certified Sake Advisor (2012) 185 of 357 Peckish One LLC 12 Tom Fogarty Role at 623 Howard: Brewery Manager. Responsible for the oversight of production for all in- house beers, and the management of the brewery. Relevant Experience: Passionate all grain home brewer. India Mussell-McKay Role at 623 Howard: Manager. Responsible for the management or execution of all marketing materials, special events set up, scheduling, and general oversight of day- to-day staff and duties. Relevant Experience: Manager at Wheel House (3553 Southport) 7/12-2/13 Bartender at Wheel House 7/12-2/13 Server at Celtic Knot Public House 2007-2012 Sales Associate at Taste Food and Wine 2010-2012 186 of 357 Person tables Number 11919 261122 Additional 2 2 143 SEATING LAYOUT - A total seats (not incl. lounge) 187 of 357 Prepared by: For:EVANSTON, IL 1 QUANTITY UNIT COST a. Exterior Brick, Window, & Door Renovations 280 lf $75.00 $21,000.00 b. New Signage Allowance $4,000.00 $4,000.00 Subtotal $25,000.00 2 a. Asbestos Abatement Allowance $20,000.00 $20,000.00 b. Interior Demolition 4,278 sf $4.00 $17,112.00 c. New Interior Remodeling - Drywall & Floor Repairs, prime paint coat 3,955 sf $25.00 $98,875.00 d. New Interior Remodeling - Toilets 323 sf $165.00 $53,295.00 e. Misc. Patching & Repairs Allowance $5,000.00 Subtotal $194,282.00 3 a. Service Entrance: new 400 A 120/208 overhead b. New Subpanel: 200A 120/208V c. New Fire Alarm System d. HVAC connections e. General Lighting (minimal lighting, exterior decorative lights, sign connection) Allowance $80,000.00 Subtotal $80,000.00 4 a. (2) 7.5 ton RTU's b. (1) 5.0 ton RTU c. (1) 4.0 ton RTU d. (1) Make up air unit (approx. 6,000 cfm) e. (1) 6400 cfm Kitchen Exhaust (incl. black iron) f. (1) 750 cfm Dishwasher Exhaust g. (3) small Toilet Room Exhausts h. (3) 3 KW Cabinet Wall Heaters i. Natural gas piping for HVAC & Kitchen equipment Allowance $125,000.00 Subtotal $125,000.00 CONSTRUCTION SUBTOTAL $424,282.00 5 a. Architectural/Engineering Fee 8.5%$36,063.97 b. Construction Permits & Fees 1.5%$6,364.23 c. General Contractor Overhead & Profit 10.0%$42,428.20 d. General Conditions 6.0%$25,456.92 e Legal Fees Allowance $10,000.00 Subtotal $120,313.32 PRELIMINARY CONSTRUCTION BUDGET TOTAL $544,595.32 PeckishOne LLC 623-627 1/2 W. HOWARD STREET February 18, 2013 Preliminary Project Construction Budget Base Cost (Vanilla Box) PROPOSED RESTAURANT PERMITS & FEES INTERIOR CONSTRUCTION: Electrical HVAC SITE DEVELOPMENT & EXTERIOR Douglas E. Lasch, AIA - Faith Environ Studio /2013 PAGE 1 of 1188 of 357 JEANNE M. STILES 1419 West Jarvis Avenue Chicago, Illinois 60626 312.623.9464 Skill set:  Expert at identifying customers' needs and matching them to available products and services.  Highly developed interpersonal and communication skills; ability to earn the confidence of and to sell to, all levels of an organization.  Well-organized; excellent understanding of operations and finance issues as they relate to day to day business.  Dynamic personality with a distinct ability to quickly and effectively create an exciting and productive team environment.  Advanced Sommelier (2007); Certified Sake Advisor (2012) Hospitality Industry Experience: 7/1/12 – 2/13 Tenzing, A Wine & Spirits Company: Sales Manager  Manage a team of 10 Sales Guides  Current growth of 40% year over year  Responsible for client and supplier relationships 2010-2012 Tenzing, A Wine & Spirits Company: City Route Sales  Exceeded sales targets each year; more than $600M+ in 2011  Active in mentoring new hires and co-workers  Conscientious development of healthy customer and supplier relationships 2007-2010 Wine-O-Rama, Chicago, IL: City and Suburban Sales  Grew business to $75M monthly; highest company sales to date  Opened Whole Foods, Wine Discount Center and Binny’s accounts in addition to 80+ active customers 189 of 357 Other Professional Experience: 1999-2007 De La Rue, Jay’s Close Basingstoke, England Lead patent counsel for United States and Western Europe manufacturing divisions; managed United States’ indirect retail channel.  Development, testing and new product introductions for high-end banking and government currency and security apparatus devices, including partnerships with Interpol and 157 countries world-wide  Highlights include design and introduction of the Euro and development and distribution of the new Iraqi dinar 1991-1999 Rand McNally, Skokie, IL Patent counsel; advisor to the McNally Family  Oversaw copyright protection and new product development, including introduction of digital cartography and spin-off applications for the airline, transport, and government-related industries Education: Northwestern University, Evanston, IL 1980-1984 Double Major: BS, Mechanical Engineering and BA, Spanish Literature, 1984; Dean’s List, Department Honors, Alpha Lambda Delta Honorary Society 1985-1987 Northwestern University School of Law, Chicago, IL  Juris Doctor, 1987  Editor, Northwestern Journal of Technology and Intellectual Property 1987-1990 Stanford Graduate School of Business, Stanford, CA  MBA, 1990  Highlights included Critical Analytical Thinking (CAT) and Personal Leadership Development seminars References Available Upon Request 190 of 357 THOMAS M. FOGARTY 1419 West Jarvis Avenue Chicago, Illinois 60626 c.312.618.9233 tomscellar@aol.com EXECUTIVE SUMMARY Management professional with extensive customer service, sales service, operations production and team building development experience in the publishing and printing technology industries. Self-directed, with strong reputation for solving cross-functional, critical problems while maintaining focus on long-term goals. Energized by opportunities to affect total organizations by using recognized abilities in mentoring and communications. Key skills include developing appropriate standards and identifying related processes, earning the respect and confidence of senior executives, and creating exciting and productive team environments within previously underachieving organizations. PROFESSIONAL EXPERIENCE Vance Publishing Corporation, Lincolnshire, IL 2009 – 2013 Director of Production The Director of Production for Vance Publishing leads the strategic vision of the production department setting corporate and department goals and strategies, preparing annual Cost of Sales (COS) budgets, capital expenditures and staffing requirements. The Director is in charge of vendor management, vendor selection and contractual negotiations. The Director also recommends potential products and services to management by collecting customer information and analyzing customer needs.  Managed two production departments, budgets, and teams, 15 employees, for Vance Publishing’s, Cosmetology, Wood Interiors, Produce, and Agricultural Divisions supporting in excess of $40 million in annual sales revenue.  Re-negotiated new printer contracts with savings in excess of $587,500 over the previous contract term.  Purchased printers, proofers, and software.  Standardized editorial and creative services workflow, earning B to B Media Business magazine’s Production Executive of 2012.  Added "Digital Editions" of all print publications so publications can be distributed electronically and viewed on multiple devises, iPhone, iPad, Android and tablets.  Member of the American Business Media Print & Technology Committee. Ascend Media, Deerfield, IL 2005 - 2007 Vice President of Production The Vice President of Production for Ascend Media plans, organizes, controls, integrates and evaluates the work of assigned staff; with staff to achieve company budgeting goals and objectives. Supervises and participates in developing, implementing and evaluating, work processes and systems and procedures to achieve overall objectives and work standards. Establishes performance requirements and provides coaching for improvement and development. The Vice President also in supervises vendor management, vendor selection and contractual negotiations; in this role a network of more than 20 business partners.  Managed multiple, (five) production departments, budgets, and teams for Ascend Media’s publications, Continuing Medical Education and Custom Publish Event Media Divisions; support in excess of $150 million in annual sales revenue. 191 of 357 Thomas M. Fogarty PAGE - 2 -  Negotiated new printer contract with savings in excess of $2.8 million over the life of the previous agreement.  Established corporate paper buying program with savings of $441,858.  Integrated Medical World Communications three production locations and 45 magazines into Ascend Media.  Established Co-Mail and Co-Palletization program resulting in annual savings in excess of $700,000.  Standardized PDF workflow in 6 Graphic Design and Marketing departments.  Created advertising pre-flight position to achieve savings in excess of $100,000 annually.  Created “Vendor Scorecard” to monitor and track quality, service, schedule and performance issues.  Corrected scheduling and mailing deficiencies in the Professional Services Division.  Standardized magazine and Event Media product sizes to better leverage volume pricing and vendor capabilities.  Member of the American Business Media Print & Technology Committee. Primedia Business Magazines & Media, Chicago, IL 1993-2004 Vice President of Production The Vice President of Production leads the strategic vision of the production department setting corporate and department goals and strategies, preparing annual Cost of Sales (COS) budgets, capital expenditures and staffing requirements. The Vice President also supervises vendor management, vendor selection and contractual negotiations.  Managed 17 production locations for Primedia’s 90+ magazines.  Reduced those same 17 production locations down to three sites, resulting in enhanced, standardized workflow and process improvement with one time fixed cost savings in excess of $1,000,000.  Negotiated new printer contract with savings in excess of $1.5 million over the prior agreement.  Consolidated magazine print vendors from six suppliers to two resulting in enhanced workflow and standardization.  Created “In-House” pre press department improving workflow, process, scheduling and driving cost savings in excess of $750,000 annually.  Standardized magazine product sizes to better leverage volume pricing and vendor capabilities.  Participated in corporate wide “Strategic Sourcing” initiative. EDUCATION Bachelor of Science, Industrial Technology Western Illinois University 1983 Macomb, Illinois References available upon request. 192 of 357 For City Council Meeting of February 25, 2013 Item A8 Ordinance 23-O-13: Relating to Parking on Harrison Street For Introduction To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Rickey A. Voss, Parking/Revenue Manager Subject: Ordinance 23-O-13 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 10: Schedule X (L); Limited Parking, of the Evanston City Code. Date: February 4, 2013 Recommended Action: The Transportation/Parking Committee and staff recommend that the City Council adopt Ordinance 23-O-13 amending Title 10, Motor Vehicles and Traffic, Chapter 10, Traffic Schedules, Section 10 by adding Schedule X (L): No person shall park a motor vehicle for a period of time longer than thirty (30) minutes between the hours of seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. on any day except Sunday and national holidays upon any of the following streets or portions thereof: the south side of Harrison from Green Bay Road west to first north-south alley. Funding Source: N/A Summary: In October of 2012, Alderman Grover asked that the Transportation/Parking Committee consider creating a thirty (30) minute limited parking area on Harrison Street between Green Bay Road and the west alley. Alderman Grover was asking on the request of the J.C Lichts, 2538 Green Bay Road. The store’s main contractor entrance is located on the south side of Harrison Street at Green Bay Road. In an effort to assist their contractor customer base in the securing and loading of a large volume of supplies during the early morning hours, J.C. Lichts has asked that the current thirty (30) minute parking restriction from nine o’clock (9:00) A.M. to six o’clock (6:00) P.M. be changed to seven o’clock (7:00) A.M. to six o’clock (6:00) P.M. The request would free up parking in the morning and allow the parking of contractor vehicle access to the entrance for early morning deliveries. The Transportation/Parking Committee recommended approval at the January 23, 2013 meeting. Alderman Grover supports the recommendation. Attachment: Ordinance 23-O-13 Memorandum 193 of 357 2/11/13 23-O-13 AN ORDINANCE Amending City Code Section 10-11-10-(X), Schedule X(C), “Two-Hour Limited Parking,” and creating Schedule X(L), Relating to Parking on Harrison Street WHEREAS, the Illinois Municipal Code, 65 ILCS 5/11-80-2, authorizes the City of Evanston’s corporate authorities to regulate the use of streets; and WHEREAS, the Illinois Vehicle Code, 625 ILCS 5/11-208(a)1, permits local authorities to regulate the standing or parking of vehicles with respect to streets and highways; and WHEREAS, the City regulates street parking through various traffic schedules of the Evanston City Code of 2012, Title 10, Chapter 11; and WHEREAS, the City Council finds it to be in the best interests of the City and its residents to regulate parking along certain portions of Harrison Street, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: Section 10-11-10-(X)-(C), Schedule X(C), “Two-Hour Limited Parking,” of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: Schedule X (C): Two-Hour Limited Parking (C) No person shall park a motor vehicle for a period of time longer than two (2) hours between the hours of nine o'clock (9:00) A.M. and six o'clock (6:00) P.M. on any day except Sunday and national holidays upon the following streets or portions thereof: Asbury Avenue West side, Church Street to Emerson Street Asbury Avenue East side, Harvard Terrace to Mulford Street Asbury Avenue West side, Central Street to Rosalie Ashland Avenue East side, Payne Street to Noyes Street Broadway Avenue East side, Central Street to Chancellor Street 194 of 357 23-O-13 ~2~ Brown Avenue East side, from Greenwood Street to a point 150 feet north thereof Brown Avenue West side, Lincoln Street to Colfax Street Brummel Street Both sides, Hartrey Avenue to Grey Avenue Bryant Avenue East side, Central Street to Chancellor Street Callan Avenue West side, Howard Street to Brummel Street Callan Avenue West side, South Boulevard to Linden Place Central Street South side, Eastwood Avenue to Ashland Avenue Central Street North side, Eastwood Avenue to Ashland Avenue Central Street North side, Ewing Avenue to Reese Avenue Central Street South side, Reese Avenue to Bennett Avenue Central Street South side, Jackson Avenue to Bryant Avenue Chicago Avenue Both sides, Grove Street to Lee Street Chicago Avenue East side, South Boulevard to Kedzie Street Church Street Both sides, Chicago Avenue to Sheridan Road Church Street North side, Darrow Avenue east to Northwestern Railway Church Street North side, Dodge Avenue to Brown Avenue Clark Street Both sides, Chicago Avenue to Judson Avenue Clark Street North side, Ridge Avenue to Oak Avenue Clinton Place South side, Orrington Avenue to a point 200 feet east thereof Clyde Avenue East side, Howard Street to Brummel Street Colfax Street South side, Sherman Avenue west to the CTA viaduct Colfax Street North side, Sheridan Road to Sherman Avenue Custer Avenue East side, Howard Street to Brummel Street Custer Avenue West side, Madison Street north to alley Custer Avenue East side, Madison Street north to no parking zone Custer Avenue West side, Main Street north to end of street Custer Avenue East side, Seward Street to Linden Place Custer Avenue East side, Washington Street north 100 feet Dartmouth Place North side, Sheridan Road to Orrington Avenue Davis Street Both sides, Asbury Avenue to Wesley Avenue Davis Street North side, Hinman Avenue to Sheridan Road Davis Street South side, Judson Avenue to Sheridan Road Davis Street North side, Wesley Avenue to Ashland Avenue Dempster Street Both sides, Dodge Avenue to Darrow Avenue Dempster Street South side, alley east of Chicago Avenue to Judson Avenue Dewey Avenue West side, Simpson Street to Payne Street Dobson Street Both sides, Hartrey Avenue to Grey Avenue Dodge Avenue East side, Crain Street to Dempster Street Dodge Avenue East side, Crain Street to Greenleaf Street East Railroad East side, Emerson Street to first alley south Elmwood Avenue Both sides, Lake Street to Dempster Street Elmwood Avenue Both sides, Lake Street to Grove Street Emerson Street Both sides, Ridge Avenue to Maple Avenue 195 of 357 23-O-13 ~3~ Emerson Street Both sides, Sherman Avenue to Benson Avenue Emerson Street North side, Wesley Avenue to Green Bay Road Emerson Street North side, Sherman Avenue to Orrington Avenue Florence Avenue West side, from a point 200 feet south of Crain Street to a point 300 feet south of Crain Street Forest Avenue West side, Lake Street to Dempster Street Foster Street South side, Maple Avenue to Sheridan Road Gaffield Place South side, CTA tracks to Sherman Avenue Garnett Place Both sides, Ridge Avenue to Maple Avenue Garrett Place North side, Sheridan Road to Orrington Avenue Green Bay Road West side, Central Street to Livingston Street Green Bay Road West side, Central Street to Lincoln Street Greenleaf Street South side, alley east of Chicago Avenue to Judson Avenue Greenwood Street Both sides, Oak Avenue to Elmwood Avenue Greenwood Street South side, Sherman Avenue to Elmwood Avenue Greenwood Street South side, Maple Avenue to Oak Avenue Greenwood Street North side, from alley west of Sherman Avenue to Elmwood Avenue Greenwood Street South side, Chicago Avenue to Forest Avenue Grove Street South side, Chicago Avenue to Judson Avenue Grove Street North side, Judson Avenue to Hinman Avenue Grove Street South side, Oak Avenue to alley west Grove Street Both sides, Oak Avenue to Elmwood Avenue Grove Street North side, Ridge Avenue to alley west Hamilton Street Both sides, Chicago Avenue to Hinman Avenue Hamilton Street South side, Hinman Avenue to Judson Avenue Hamlin Street Both sides, CTA tracks to Sherman Avenue Harrison Street Both North sides, Green Bay Road to Hartrey Avenue Prairie Avenue Harrison Street Both sides, Prairie Avenue to Hartrey Avenue Haven Street South side, Orrington Avenue to Sheridan Road Hinman Avenue Both sides, Lake Street to Clark Street Hinman Avenue Both sides, Main Street to Lee Street Hinman Avenue West side, Lake Street to Lee Street Ingleside Place Both sides, Orrington Avenue to Sheridan Road Jackson Avenue West side, Simpson Street to Green Bay Road Judson Avenue Both sides, Grove Street to Clark Street Judson Avenue East side, Lake Street to Lee Street Lake Street North side, Chicago Avenue to alley west thereof Lake Street South side, Sherman Avenue to Chicago Avenue Lake Street North side, Chicago Avenue to Hinman Avenue Lake Street Both sides, Hinman Avenue to Sheridan Road 196 of 357 23-O-13 ~4~ Lincoln Street North side, Prairie Avenue to Hartrey Avenue Lincolnwood Drive Both sides, Central Street to Harrison Street Lyons Street Both sides, Asbury Avenue east to alley Lyons Street South side, Asbury Avenue to Wesley Avenue Lyons Street South side, Wesley Avenue to alley east thereof Madison Street North side, Custer Avenue east to viaduct Madison Street Both sides, Custer Avenue to Sherman Avenue Main Street Both sides, Hinman Avenue to first alley east Maple Avenue Both sides, Lake Street to Dempster Street Maple Avenue West side, Emerson Street to Garnett Place Milburn Street Both sides, Sherman Avenue to Sheridan Road Noyes Street South side, Orrington Avenue to Noyes Court Noyes Street North side, Sheridan Road to Orrington Avenue Oak Avenue West side, Clark Street north to end of street Oak Avenue Both sides, Grove Street to Davis Street Oak Avenue East side, Lake Street to Grove Street Oakton Street South side, 2300 block Orrington Avenue West side, Central Street to Clinton Place Orrington Avenue East side, Central Street to Ingleside Place Orrington Avenue Both sides, Clark Street to University Place Orrington Avenue Both sides, Emerson Street to Foster Street Orrington Avenue West side, Lincoln Street to Central Street Orrington Avenue West side, Monticello Place to Ingleside Place Payne Street Both sides, Darrow Avenue to Ashland Avenue Pitner Avenue East side, in front of 945 Pitner Avenue Prairie Avenue East side, alley south of Central Street to Lincoln Street Sherman Avenue East side, Lake Street to Greenwood Street Sherman Avenue Both sides, Lincoln Street to Milburn Street Sherman Avenue West side, Lincoln Street to Colfax Street Sherman Avenue West side, University Place to Emerson Street Sherman Avenue Both sides, Emerson Street to Colfax Street Sherman Avenue East side, Elgin Road to University Place Sherman Place West side, Greenwood Street to Dempster Street Simpson Street North side, Maple Avenue to CTA tracks Simpson Street North side, CTA tracks to Sherman Avenue South Boulevard Both sides, Custer Avenue to Sherman Avenue Washington Street Both sides, Custer Avenue to Sherman Avenue Wesley Avenue East side, Davis Street to Church Street Wesley Avenue West side, Church Street to Lyons Street 197 of 357 23-O-13 ~5~ SECTION 2: Section 10-11-10-(X), Schedule X, “Limited Parking,” of the Evanston City Code of 2012, as amended, is hereby further amended by adding Schedule X(L) as follows: SCHEDULE X(L): TWO-HOUR LIMITED PARKING (L) No person shall park a motor vehicle for a period of time longer than thirty (30) minutes between the hours of seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. on any day except Sundays and national holidays, upon the following streets or portions thereof: Harrison Street South side, Green Bay Road to the first north-south alley west of Green Bay Road SECTION 3: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: If any provision of this Ordinance 23-O-13 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance 23-O-13 that can be given effect without the invalid application or provision, and each invalid application of this Ordinance 23-O-13 is severable. SECTION 6: This Ordinance 23-O-13 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 198 of 357 23-O-13 ~6~ Introduced: _________________, 2013 Adopted: ___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 199 of 357 For City Council Meeting of February 25, 2013 Item A9 Ordinance 24-O-13: Relating to Parking on Harrison St, Eastwood Ave, & Davis St For Introduction To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Rickey A. Voss, Parking/Revenue Manager Subject: Ordinance 24-O-13 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 18: Schedule XVIII (E) and (F); Residents Parking Only Districts, of the Evanston City Code, adding the south side of the 1700 block of Harrison Street from Eastwood Avenue to Poplar Avenue and on the west side of Eastwood Avenue from Lincoln Street to Central Street to 24 hour, Monday – Sunday. Date: February 4, 2013 Recommended Action: The Transportation/Parking Committee and staff recommend that the City Council adopt Ordinance 24-O-13 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 18: Schedule XVIII (E) and (F); Residents Parking Only Districts, of the Evanston City Code adding the south side of the 1700 blocks Harrison Street from Eastwood Avenue to Poplar Avenue and on the west side of Eastwood Avenue from Lincoln Street to Central Street to 24 hours, Monday – Sunday. This ordinance also removes Resident Only Parking District 5 on Davis Street, which is no longer required due to the completion of the Mather buildings. Summary: In September of 2012, residents of the 1700 block of Harrison Street brought a series of concerns to Alderman Grover about parking of employees of businesses from the Central Street Business District, commuters, and construction workers involved in the 1700 Central Street apartment project. The residents stated that due to the increased activity, parking in the 1700 block of Harrison had become nearly impossible for the residents and the 7am – 9am, Monday – Friday Residential Parking Permit District 6 no longer deterred said parking. Parking staff was asked to conduct a parking survey to determine if the 1700 block of Harrison Street Residential Parking Permit District 6 would need to be modified from the current prohibition of 7am-9am Monday – Friday to a 24 hour, Monday – Sunday area. A parking occupancy survey was conducted from September 24 through September 28, 2012 indicating that the affected area is substantially impacted. There was an average of 78% of available parking affected during the survey with two consecutive two hour (2) time periods with a 100% occupancy rate. Out of the 40 different license plates Memorandum 200 of 357 2 recorded during the survey, 35% did not register to Evanston, 40% to the immediate area (Eastwood, Harrison, and Poplar), 12.5% other Evanston areas and 12.5% could not be verified as to residency. The recommendation to include Eastwood Avenue from Lincoln Street to Central Street in the new prohibition takes into consideration the current district permit holders who reside on Eastwood Avenue but need to at times park on Harrison. The Transportation/Parking Committee recommended approval at the January 23, 2013 meeting. Alderman Grover supports the recommendation. Attachment: Ordinance 24-O-13 201 of 357 2/11/13 24-O-13 AN ORDINANCE Amending Portions of City Code Section 10-11-18-(XVIII), Schedule XVIII, “Residents Parking Only Districts,” Relating to Parking on Harrison Street, Eastwood Avenue, and Davis Street WHEREAS, the Illinois Municipal Code, 65 ILCS 5/11-80-2, authorizes the City of Evanston’s corporate authorities to regulate the use of streets; and WHEREAS, the Illinois Vehicle Code, 625 ILCS 5/11-208(a)1, permits local authorities to regulate standing or parking of vehicles with respect to streets and highways; and WHEREAS, the City regulates street parking through various traffic schedules of the Evanston City Code of 2012, Title 10, Chapter 11; and WHEREAS, the City Council finds it to be in the best interests of the City and residents to regulate parking on portions of Eastwood Avenue and Harrison Street, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: Section 10-11-18-(XVIII)-(E), Schedule XVIII(E), “District Five (5): Twenty four (24) hours daily, seven (7) days per week,” of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (E) District Five (5) Six (6): Twenty four (24) hours daily, seven (7) days per week: SCHEDULE XVIII (E): RESIDENTS PARKING ONLY DISTRICTS Davis Street Eastwood Avenue South West side Hinman Avenue to Judson Avenue Lincoln Street to Central Street Harrison Street South side Eastwood Avenue to Poplar Avenue The residents having a legal address of 422 Davis Street and having proof of purchase of current Evanston vehicle license are eligible to purchase permits for district five (5). 202 of 357 24-O-13 ~2~ The following residents are eligible to apply for and purchase permits for District Six (6): 1. Those residents having a legal address on the streets or portions of streets listed above. SECTION 2: Section 10-11-18-(F), Schedule XVIII(F), “District Six (6): Seven o'clock (7:00) A.M. to nine o'clock (9:00) A.M., Monday through Friday,” of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (F) District Six (6): Seven o'clock (7:00) A.M. to nine o'clock (9:00) A.M., Monday through Friday: SCHEDULE XVIII (F): RESIDENTS PARKING ONLY DISTRICTS Ashland Avenue East side Colfax Street to Central Street Broadway Avenue East side Alley north of Central Street to Jenks Street Chancellor Street North side Broadway Avenue to dead end (east) Colfax Street North side Poplar Avenue to Jackson Avenue Colfax Street South side Poplar Avenue to Ashland Avenue Eastwood Avenue West side Lincoln Central Street to Livingston Street Eastwood Avenue East side Livingston Street to Jenks Street Harrison Street South side Poplar Avenue to Eastwood Avenue Jackson Avenue West side Lincoln Street to Colfax Street Jackson Avenue East side Lincoln Street to golf course property Jenks Street North side Poplar Avenue to dead end (east) Lincoln Street North side Eastwood Avenue to Jackson Avenue Lincoln Street South side Poplar Avenue to Jackson Avenue Livingston Street North side Poplar Avenue to dead end (east) Poplar Avenue East side Livingston Street to Central Street Poplar Avenue East side Alley south of Central Street to dead end (south) Woodbine Avenue West side Isabella Street to Livingston Street The following residents are eligible to apply for and purchase permits for District Six (6): 1. Those residents having a legal address on the streets or portions of streets listed above. SECTION 3: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 203 of 357 24-O-13 ~3~ SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: If any provision of this Ordinance 24-O-13 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance 24-O-13 that can be given effect without the invalid application or provision, and each invalid application of this Ordinance 24-O-13 is severable. SECTION 6: This Ordinance 24-O-13 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 204 of 357 For City Council meeting of February 25, 2013 Item A10 Ordinance 25-O-13: Amending the Class Y Liquor License For Introduction 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: Approval of Ordinance 25-O-13, Amending Class Y Liquor License Date: February 15, 2013 Recommended Action: Staff recommends City Council adoption of Ordinance 25-O-13. Funding Source: n/a Summary: The City of Evanston’s Class Y liquor license permits retail sale of wine and unrefrigerated beer for off premises consumption. Current licensees are wine shops. If adopted, Ordinance 25-O-13 will amend Class Y to permit sale of alcoholic liquor, i.e., spirits, wine, and unrefrigerated beer. Under 25-O-13, licensees may designate no more than 2% of the total square foot area of the licensed premises to spirit sales. Additionally, the ordinance requires 10-20% of the total square foot area of the licensed premises be dedicated to food sales. Legislative History: Sandeep Ghaey of Vinic Wine, a Class Y establishment, appeared before the Local Liquor Control Board on January 31, 2013, to seek an amendment to the Class Y liquor license to permit spirit sales and to reduce the square footage requirement for food sales. The Local Liquor Control Board recommended an amendment to the classification to permit spirit sales and to address sales floor space requirements. Alternatives: n/a ------------------------------------------------------------------------------------- Attachment: Ordinance 25-O-13 Minutes of the January 31, 2013 Local Liquor Control Board Meeting Memorandum 205 of 357 2/15/2013 25-O-13 AN ORDINANCE Amending City Code Section 3-4-6-(Y), “Classification & License Fees,” Adding Alcoholic Liquor to the Class Y Liquor License 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. 1. It shall be unlawful for a class Y 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 (0.473 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) fluid ounces and the total volume of all samples sold to a person in a day shall not exceed ten (10) fluid ounces. Licensees shall not provide and/or sell more than ten (10) 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 (5,000) square feet total. 206 of 357 25-O-13 ~2~ 5. Not less than ten (10) percent but not more than twenty (20) percent of total gross square foot area of the licensed premises shall be designated for the sale of food. 6. Not more than ten (10) percent of total gross square foot area of the licensed premises may be designated for the sale of unrefrigerated beer. 7. Not more than two (2) percent 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 two (2) such licenses shall be in force at any one (1) time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: 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 207 of 357 25-O-13 ~3~ 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 208 of 357 FINAL Page 1 of 3 MEETING MINUTES Liquor Control Board Thursday, January 31, 2013 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Elizabeth Tisdahl, Marion Macbeth, Dave Skrodzki Byron Wilson Members Absent: Richard Peach Staff Present: W. Grant Farrar, Theresa Whittington Others Present: Bridget McDonough (Light Opera Works), Tony Lawry (Piccolo Theatre), Jon Arndt (Next Theatre), Leslie Brown (Piven Theatre), Sandeep Ghaey (Vinic Wine), Diana Hamman (The Wine Goddess) Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor Call to Order The Local Liquor Control Commissioner Elizabeth Tisdahl called the meeting to order at 11:05 a.m. All attendees introduced themselves and specified his/her role related to the meeting. UNFINISHED BUSINESS Light opera Works: The Mayor stated that she interprets Light Opera Works request not so much as a reduced rate to current one-day licenses but rather, a new class of license that encompasses intermissions only. Bridget McDonough of Light opera Works reiterated her desire for a special one-day liquor class fee specific to nonprofit theater groups or perhaps a license fee that will cover a certain number of performances. Marion Macbeth commented that a one day license with fees tiered based on number of performances is too convoluted and not practical. Jon Arndt of Next Theatre expressed concern that an intermission only license would create prohibitive restrictions on hours of service. Bridget McDonough stated she is not in favor of a one day license but instead favors a theatrical lobby license type. Dave Skrodzki brought up the idea of an annual liquor license class that would accommodate live performance theatres. Theresa Whittington responded that such a class is already approved and in the City Code as liquor Class L. Liquor Class L is an annual license that allows for the service of alcohol before and during intermissions of live stage performances. Considering the fact that no establishment is currently taking advantage of this license class, the Mayor suggested reducing the fee to make it less prohibitive to the local theater groups. Leslie Brown of Piven Theatre pointed out that in addition to the annual license fee, one would have to pay for liquor liability insurance. Marion Macbeth expressed her concern that there is proper BASSET training for the staff that is in charge of serving alcohol. She expressed her support in favor of an annual license over a one day license for service of alcohol at live theatrical performances. Bridget McDonough suggested the Liquor Commission devise a one day license for theater companies that only have a handful of 209 of 357 FINAL Page 2 of 3 performances with a higher fee for a theater with more performances per year. The Mayor stated her desire to make the process simpler and that the City breaks even on its time and effort. Grant Farrar seconded the Mayor’s concern over creating additional liquor licensee classes. He stated that the Class L annual license class has been on the books since 1999 and reducing the fee is the best starting point to accommodate alcohol service for live performance groups. It is not practical to create license classes to fit all the special needs of various groups. The issue of a lower class L fee was raised by the Mayor. Marion Macbeth agreed that the current rate of $1300 seems high but suggested a tiered fee structure based on number of performances per year. Tony Lawry suggested a provision in the license fee based on seating capacity. Marion Macbeth asked about the seating capacity at various theaters. Jon Arndt suggested a tiered rate based on organizational budget. The Mayor asked Grant Farrar and Theresa Whittington to come up with a proposal and present the new Class L language at a future LCRB meeting. Byron Wilson asked if alcohol is allowed within the theater during performances. Bridget McDonough responded that it depends on the theater. Bridget McDonough asked if the board could address the $3 million dram shop insurance requirement. Grant Farrar explained that the dram shop insurance rate is designed to protect the City from risk. Theresa Whittington clarified that the $3 million dram shop limit only applies to class X and X1 one day licenses that are held on city-owned property. All other liquor classes require $1 million in dram shop coverage. A Class L license requires $1 million in dram shop limits. Leslie Brown explained that her insurance provider had a difficult time finding an underwriter for $3 million in dram shop coverage for a Class X license. She went on to state that her theater group applies often for class X licenses and that the $3 million limit is impossible to obtain. Mayor Tisdahl suggested that Leslie Brown present to the city proof that $3 million in coverage cannot be obtained and the matter will be taken to City Council. Bridget McDonough asked if the insurance limits on a Class L would increase if a theater group is located on city-owned property. Grant Farrar asked the theater companies to provide a list of performances that are held on city-owned property. No further questions or concerns were voiced. The various theatre groups will provide Grant Farrar with information regarding how many performances per year they host on city-owned property. The Mayor directed Grant Farrar and Theresa Whittington to work on revising the City Code to reflect a reduced fee for Class L licenses. This matter will be continued to a future LCRB meeting. NEW BUSINESS Bat 17: Bill Pomerantz of Bat 17 was not present at the meeting. The board moved onto the next agenda item. Vinic Wine Co: Sandeep Ghaey of Vinic Wine suggests that sprits get added to the Class Y license. Currently, wine shops (Class Y) can sell wine and beer but the lack of spirit sales hurts his business. He has to turn down wedding contracts because he is not able to offer complete wine and spirits options. Clients go outside Evanston to purchase wine and spirits from establishments that can sell both types of alcohol. He proposes that up to 2% of the alcohol floor space be dedicate to spirits. He also has further suggestions that would help maintain the integrity of the wine shop liquor license. He 210 of 357 FINAL Page 3 of 3 suggests that 1) 80% floor space dedicated to alcohol be dedicated exclusively to wine and 2) that no more than 20% of the floor space is dedicated to food. These items would prevent someone from coming in and abusing the liquor class and potentially opening up a glorified version of a convenience store. He also feels the Class Y annual fee is too costly, especially when compared to a grocery store annual fee (Class N). Vinic Wine struggles to keep 20% of its floor space dedicated to food and pointed out that the other two wine stores in town do not have any food on their floors. Diana Haman expressed concern about the 20% food requirement on the Class Y license. Sandeep reiterated his suggestion of updating the food floor space requirements to between 10-20%. The Mayor thanked Sandeep Ghaey for his recommendations and expressed strong support for changing the language of the liquor class to support spirit sales and to fortify the integrity of the license class in general. The Mayor directed Grant Farrar to draft new language allowing for the sale of spirits and redefining floor space requirements for alcohol and food. Diana Hamman expressed a desire to sell refrigerated beer and single bottles of beer. It was clarified that Class Y does not restrict the size of beer package sales but it doe s restrict the sale of cold beer. Grant Farrar said it is up to the Liquor Board and City Council to approve the sale of cold beer. Dianna Hamman questioned why larger stores are allowed to sell cold beer while smaller stores are restricted from doing so. The Mayor suggested that the City should research the ordinance history as it relates to cold beer sales and place this matter on the agenda of a future LCRB meeting. The Mayor asked if there were any further questions or concerns. None were expressed. Grant Farrar asked Sandeep Ghaey to share some of his suggestions in writing. The matter of revising Class Y will be put before City Council sometime in February. Union/Space: Theresa Whittington brought to the Boards attention an issue with Union Pizzeria’s liquor license class. Theresa explained to the Board that she had a conversation with the owner of Union Pizzeria (Craig Golden) who confirmed that he owns SPACE, the entertainment venue attached to Union. This relationship necessitates a different license class than Union presently holds. A Class W is the most likely fit, but the location presently prevents Union/SAPCE from qualifying for this liquor license class. Board members may need to consider revising the core area in order to better accommodate this business, as well as others. Grant Farrar suggested placing this matter on the agenda of the next LCRB meeting and considering expanding the core area. Marion Macbeth concurred that the core area needs to be updated. She also expressed her preference that all servers at such establishments be BASSET certified. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor at 12:06 p.m., January 31, 2013. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 211 of 357 For City Council Meeting of February 25, 2013 Item A11 Ordinance 6-O-13: Amending Title 10, Motor Vehicles & Traffic of the City Code For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Rickey A. Voss, Parking/Revenue Manager Subject: Ordinance 6-O-13 Amending Title 10, Motor Vehicles and Traffic, Section 10-12-2: Violation of the Illinois Vehicle Code Date: February 18, 2013 Recommended Action: Staff recommends that the City Council adopt Ordinance 6-O-13 amending Title 10, Motor Vehicles and Traffic, Section 10-12-2: Violation of the Illinois Vehicle Code. This ordinance was introduced at the February 11, 2013 City Council meeting. Funding Source: N/A Summary: In January 2012, the City Council passed Ordinance 8-O-12, adopting the Evanston City Code, 2012. A portion of the code included amending Title 10, Section 10-12-2: Violation of the Illinois Vehicle Code which provides the ability to issue City code violations in accordance with Chapter 625 of the Illinois Compiled Statutes. Subsections of 10-12-2 have been added to insure that the appropriate petty offense is cited during the issuance of parking and other citing methods when enforced under City code. Violation 5/413(f), Display of Expired Registration has been removed as a duplicate and is currently covered under 10-4-1(c)3; violation 5/3-702, Operation of a vehicle when registration is revoked, canceled or suspended, has been removed as criminal offenses; and 5/11-1407, Operating and closing vehicle doors, which is commonly used in the course of accident investigations and may require a court appearance. --------------------------------------------------------------------- Attached: Copy of Ordinance 6-O-13 Memorandum 212 of 357 12/14/2012 6-O-13 AN ORDINANCE Amending City Code Section 10-12-2, “Violation of the Illinois Vehicle Code” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 10-12-2 of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 10-12-2: VIOLATION OF THE ILLINOIS VEHICLE CODE: It shall be unlawful for any person to violate the following Sections of the Illinois Vehicle Code, 625 ILCS 5/1-100 et seq., as amended: (A) 5/3-401: No valid registration (B) 5/3-413(a): No front/rear license plate (C) 5/3-413(b): Improper display license plates/sticker and tinted/obstructed covers 5/3-413(f): Display of expired registration (D) 5/3-701: Operation of vehicles without evidence of registration 5/3-702: Operation of vehicle when registration is revoked, canceled or suspended (E) 5/11-1404: Special equipment for persons riding motorcycles (F) 5/11-1405: Required equipment on motorcycles (G) 5/11-1406: Obstruction of driver's view of driving mechanism 5/11-1407: Opening and closing vehicle doors (H) 5/12-101: Operating a motor vehicle which is in an unsafe condition or improperly equipped (I) 5/12-201: When lighted lamps are required (J) 5/12-202: Clearance, identification and side marker lamps (K) 5/12-204: Lamp or flag on projecting load (L) 5/12-205: Lamps on other vehicles and equipment (M) 5/12-208: Signal lamps and signal devices (N) 5/12-210: Use of headlamps (O) 5/12-211: Number of driving lamps required or permitted (P) 5/12-301: Brakes 213 of 357 6-O-13 ~2~ (Q) 5/12-401: Restrictions as to tire equipment (R) 5/12-405: Operating condition of pneumatic tires (S) 5/12-502: Mirrors required (T) 5/12-503: Windshields must be unobstructed and equipped with wipers (U) 5/12-601: Horns and warning devices (V) 5/12-602: Prevention of noise with mufflers (W) 5/12-603: Use of safety belts (X) 5/12-603.1: Driver and passenger required to use safety belts (Y) 5/12-604.1: Television receivers visible to driver prohibited (Z) 5/12-607: Modification of vehicle suspension system restricted (AA) 5/12-608: Required bumpers (BB) 5/12-610: Use of headset receivers by driver restricted (CC) 5/12-610.5: Tinted registration plate covers (DD) 5/12-611: Sound amplification systems (EE) 25/4: Child passenger protection act, younger than eight (8) years old (FF) 25/4(a): Child passenger protection act, age eight (8) to sixteen (16) years old SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: This ordinance shall be in full force and effect after its passage, approval, and publication in the manner provided by law. 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. 214 of 357 6-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 215 of 357 0 For Administration & Public Works meeting of February 25, 2013 Item APW2 Local Preference: Purchasing/Contractors For Discussion To: Administration and Public Works Committee From: Joe McRae, Deputy City Manager Subject: Discussion of Local Preference for Purchasing and Contractors Date: February 18, 2013 Recommended Action: Alderman Rainey requested that a discussion be initiated regarding local preference for purchasing and contractors. Staff will be present at the meeting to address concerns and answer questions. A copy of the City Code Title 1, Chapter 15, Purchases of Goods or Services is attached for reference. Attachment Copy of City Code — 1-17-1: Purchases of Goods or Services Memorandum 216 of 357 217 of 357 218 of 357 219 of 357 220 of 357 221 of 357 222 of 357 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, February 25, 2013 7:15 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston City Council Chambers AGENDA I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN FISKE, CHAIR II. APPROVAL OF REGULAR MEETING MINUTES OF January 28, 2013 III. ITEMS FOR CONSIDERATION (P1) Approval of Sidewalk Café for Pret A Manger, 1701 Sherman Ave. Staff recommends consideration of a first-time application for a sidewalk café (SWC) permit for Pret A Manger, a Type 2 Restaurant located at 1701 Sherman Ave. For Action (P2) Approval of Community Partners for Affordable Housing HOME Application The Housing and Homelessness Commission and staff recommend the approval of a $277,685 forgivable HOME loan for the acquisition and rehabilitation of a foreclosed 2-unit building for affordable rental housing to Community Partners for Affordable Housing (CPAH). Funding is provided by the HOME fund, which currently has a balance of approximately $1.1 million. For Action (P3) Approval of Housing Options for the Mentally Ill HOME Application The Housing and Homelessness Commission and staff recommend the approval of a $458,777 forgivable HOME loan for the rehabilitation of 10 rental units to Housing Options for the Mentally Ill. Funding is provided by the HOME fund, which currently has a balance of approximately $1.1 million. For Action (P4) Ordinance 22-O-13 Granting Major Zoning Relief to Eliminate Required Off- Street Parking at 1615 Oak Avenue City staff recommends the adoption of Ordinance 22-O-13 granting major zoning relief to convert seven required off-street parking spaces into an outdoor seating area and bicycle parking at Smylie Brothers Restaurant & Brewery for a total of zero off-street parking spaces. For Introduction 223 of 357 Planning & Development Committee Meeting Agenda Page 2 of 2 February 25, 2013 (P5) Ordinance 2-O-13 Amending the Text of the Zoning Ordinance by Enacting a New Section 6-15-17, “oHR Howard-Ridge Overlay District” City staff recommends consideration of Ordinance 2-O-13 that amends the Zoning Ordinance text to create a new overlay zoning district, which will require certain types of new retail uses such as hair salons, nail salons, beauty shops, and barber shops, to operate only by Special Use in the Howard-Ridge TIF District. The Plan Commission does not recommend approval. For Introduction (P6) Ordinance 3-O-13 Amending the Zoning Map to Place Certain Properties Within the oHR Howard-Ridge Overlay District City staff recommends consideration of Ordinance 3-O-13 that amends the Zoning Map by placing properties in the Howard Ridge TIF District into the new overlay zoning district which will require certain types of new retail uses such as hair salons, nail salons, beauty shops, and barber shops, to operate only by Special Use in the Howard-Ridge TIF District. The Plan Commission does not recommend approval. For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 224 of 357 Planning & Development Committee Meeting Minutes of January 28, 2013 City Council Chambers – 7:15 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Fiske, D. Holmes, A. Rainey, D. Wilson, M. Wynne STAFF PRESENT: W. Bobkiewicz, G. Chen, K. Cox, D. Gaynor, S. Griffin, D. Marino, B. Newman, M. Poole, J. Saul PRESIDING OFFICIAL: Ald. Fiske I. DECLARATION OF QUORUM A quorum being present, Chair Fiske called the meeting to order at 7:18 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF JANUARY 14, 2013. Ald. Wynne moved approval of the minutes, seconded by Ald. Wilson. The minutes of the January 14th, 2013 P&D meeting were approved unanimously 5-0. III. ITEMS FOR CONSIDERATION (P1) Approval of a Loan to Housing Opportunity Development Corporation (HODC) for Construction at 319 Dempster The Housing and Homelessness Commission and staff recommend approval of a $20,188 forgivable loan from the City’s Affordable Housing Fund to Housing Opportunity Development Corporation (HODC). The loan will be used to build a restroom in the common area of the Claridge Apartment building (319 Dempster) for use by HODC staff and social service providers that serve its residents. For Action Ald. Rainey moved approval, seconded by Ald. Wynne. Ald. Rainey requested, with no reflection on the loan request, for staff to provide an accounting of the Affordable Housing Fund including the amount of the fund, its intended purpose, how much money has been used and its purpose; in short, everything there is to know about the fund. Chair Fiske clarified that the request is not in relation to HODC’s request for the loan. Chair Fiske said she and Ald. Wynne met with the residents of 319 Dempster and said the restroom in the common area is necessary. Ald. Wynne agreed and said since the new management has taken over calls about the building have dropped significantly. It will be an improvement to a problematic building. The Committee voted unanimously 5-0 to approve the loan to HODC. DRAFT – NOT APPROVED 225 of 357 Planning & Development Committee Meeting Minutes of 1-28-13 Page 2 of 3 (P2) Approval of Proposed Substantial Amendment to City of Evanston Neighborhood Stabilization Program 2 (NSP2) Project Staff recommends approval of the proposed Substantial Amendment to its Neighborhood Stabilization Program 2 (“NSP2”) project. The Substantial Amendment adds land banking and demolition as an end use to meet a program object to the eligible activities in the City’s NSP2 project. For Action Ald. Wynne moved approval, seconded by Ald. Rainey. Ald. Rainey asked what the NSP2 rules are regarding acquiring vacant lots, to which Jolene Saul, NSP2 Specialist for the City of Evanston, replied that the City must acquire 100 foreclosed or abandoned buildings and vacant lots are allowable but cannot count towards the goal. Ms. Saul said she would inquire about Ald. Rainey’s inquiry as to whether a vacant lot could be redeveloped into a pocket park. The Committee voted unanimously 5-0 to approve the amendment to the NSP2 project. (P3) Ordinance 11-O-13 Granting a Special Use for a Type 2 Restaurant at 1734 Sherman Avenue (Starbucks) Zoning Board of Appeals and City staff recommend the adoption of Ordinance 11-O- 13 granting a special use permit for the operation of a Type 2 Restaurant, Starbucks, at 1734 Sherman Avenue. For Introduction Ald. Rainey moved approval of Ordinance 11-O-13, seconded by Ald. Wynne. The Committee voted unanimously 5-0 to introduce Ordinance 11-O-13. (P4) Approval of Reference to Plan Commission by the Planning & Development Committee to Conduct a Hearing on a Text Amendment to the Zoning Ordinance Regarding Distilleries Staff recommends that the Planning & Development Committee make a referral to the Plan Commission to hold a public hearing on a text amendment that would increase the allowed production limit for distilleries in Evanston to 35,000 gallons per year. For Action Ald. Wynne moved approval, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to approve the reference to the Plan Commission to conduct the hearing. IV. ITEMS FOR DISCUSSION (PD1) Status of the Fountain Square Fountain Chair Fiske explained that she had requested the discussion because it would be a nice Evanston 150 project. 226 of 357 Planning & Development Committee Meeting Minutes of 1-28-13 Page 3 of 3 Doug Gaynor, Director of Parks, Recreation and Community Services said he provided a report of the condition and deterioration of the fountain and added that it will need significant repairs within the next 2-3 years aside from the day to day maintenance. $350,000 had been used in 2006 for minor repairs. Chair Fiske said she and the mayor met with veterans’ groups to discuss whether they want to relocate their memorial and they have decided they want to keep it where it is at Fountain Square, which, she said, is good. She said they were delighted to have been asked. She suggested a privately funded effort, perhaps combined with the funds from the Washington National TIF to seek a competitive design event to re- design the fountain. Ald. Rainey asked whether it is too costly to maintain the current fountain. Wally Bobkiewicz, City Manager, said the broader question at hand is whether this is the appropriate time to rethink the fountain and asked whether the City should look for a new fountain. Ald. Rainey said the ordinance regarding the fountain should be reviewed because she believes that whoever donates one must maintain it. Mr. Bobkiewicz said that once a fountain design is selected, the City could possible get several sources plus the TIF to fund it. Chair Fiske suggested up to $1 million would be necessary, depending on the design. Mr. Bobkiewicz said if the Committee wishes to pursue the project, staff will research fountains. Ald. Wynne said she thinks it is a terrific idea and the current Fountain Square fountain design is outdated and that there are many gorgeous modern fountain designs. She is in support of staff doing research and a community–wide funding effort. Chair Fiske said she would like to get creative ideas from artist throughout the U.S. Ald. Holmes said if we expand outside the box we can use the Square in a more creative way than it has been. Ald. Rainey moved that staff take the next step and research artists’ fountain designs, seconded by Ald. Wynne. The Committee voted unanimously 5-0 to direct staff to research artists’ fountain designs. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT The meeting was adjourned at 7:37 p.m. Respectfully submitted, Bobbie Newman 227 of 357 For Planning & Development meeting of February 25, 2013 Item P1 Business of the City by Motion – Sidewalk Café, Pret A Manger For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Evonda Thomas, Health Department Director Subject: Sidewalk Café for Pret A Manger Date: February 13, 2013 Recommended Action: Staff recommends approval of a first-time application for a sidewalk café (SWC) permit for Pret A Manger, a Type 2 Restaurant located at 1701 Sherman Ave. Funding Source: Not applicable. Summary: At the October 24, 2012 Site Plan and Appearance Review Committee (SPAARC) meeting, with owner representative John Panzer and architect Mario Valentini, in attendance, the committee reviewed the findings of the Health Department, Engineering Division and Legal Department. They approved the request for a SWC permit. Legislative History: Considered at the October 24, 2012 SPAARC meeting; committee voted to recommend approval of the application as submitted. ------------------------------------------------------------------------------------- Attachments: SWC Application Pret A Manger SWC Site Plan Pret A Manger SWC SPAARC Pret A Manger Memorandum 228 of 357 229 of 357 230 of 357 231 of 357 232 of 357 SUMMER RANGE LIST: July 2nd - Oct 8th (CHI- Evanston only) KITCHEN SHOP SANDWICHES - GRANARY DRESSING POTS SOUP SLICES Balsamic Chicken & Avocado (+ Slim $3.39 )$6.19 Buttermilk Ranch $0.75 Miso Soup $1.99 Pret Brownie Bar $1.79 Chicken & Bacon (+ Slim $3.39) $6.19 Wild Berry $0.75 Meat Soup $2.99 - $3.99 - $4.99 Pret P*Nut Bar $1.79 California Club (+ Slim $3.59)$6.49 Lemon Shallot $0.75 Veggie Soup $2.99 - $3.99 - $4.99 Pret Raspberry Bar $1.79 Chipotle Chicken, Bacon & Avocado (+ Slim 3.89)$6.99 Caesar Dressing $0.75 Pret Love Bar $1.79 Pret's Egg Salad & Arugula (affordable)$3.99 Classic Dressing $0.75 COLD SOUPS Pret Brondie Bar $1.79 Pret's Classic Cheddar & Tomato (affordable) $4.99 Balsamic Vinaigrette $0.75 Pea and Mint $4.49 Nuts & Bolts $3.50 Pret's Perfect Ham and Cheddar (affordable) $4.99 Gazpacho $4.89 Roast Beef & Swiss (affordable)$4.99 HOT WRAPS Parmesan, Tomato & Aioli (affordable)$3.99 Falafel & Red Peppers Hot Wrap $5.99 Tuna Salad (affordable)$4.99 BBQ Pulled Pork Wrap $6.25 BAKERY ITEMS CRISPS Buffalo Chicken $5.99 Almond Croissant $1.99 Crisps - Salt & Vinegar $1.49 CHEF'S SPECIALS Artichoke Mozzarella Hot Wrap $5.99 Pain Au Chocolat $1.99 Crisps - BBQ $1.49 Balsamic Tuna, Tomato & Avocado Baguette $6.49 NY Meatball Wrap $6.25 Plain Croissant $1.79 Crisps - Lightly Salted $1.49 Roasted Turkey Caesar Salad Wrap $6.49 Italian Margherita Hot Wrap - EVN $4.99 Muffin - Blueberry $1.99 Organic Popcorn $1.49 Roasted Turkey & Basil Hummus Wrap $6.49 Italian Margherita Hot Wrap - IC $5.49 Muffin - Cranberry & Orange $1.99 Grilled Chicken & Herbed Hummus Salad $6.99 Muffin - Morning Glory $1.99 TOASTIES Cookie - Harvest $0.99 Mozzarella & Pesto $5.89 Cookie - Chocolate Chunk $0.99 BAGUETTES Ham, Cheese & Mustard $6.49 Cookie - Coco-Nut $0.99 Chicken Mozzarella (+ Slim $3.35) $6.49 Pret's Grilled Cheese $5.49 Chocolate Twist $1.59 Pret's Ham & Cheese (+Slim $3.25 )$6.19 Tuna & Swiss Melt $6.25 Peanut Butter Chocolate Chip $0.99 Pret's Vietnamese $6.49 Energy Bagel $1.19 Roast Beef & Parm $5.99 SALAD POTS Ham & Cheese Croissant $3.29 Chipotle, Cheddar & Cilantro SLIM ONLY $3.29 Lentil and Couscous Salad $2.95 Brie, Basil & Tomato Baguette SLIM ONLY $3.25 Tuna Quinoa Parfait $3.29 DRINKS FRUITS JUICES: COLD WRAPS Bananas $0.75 Honey Tangerine $2.99 Spicy Shrimp & Cilantro Wrap $6.49 BREAKFAST POTS Posh Fruit Pot $3.69 Grapefruit Juice $2.99 Avocado & Pine Nut Wrap $6.49 Banana & Honey Pret Pot $3.59 Grape Pot $2.99 Orange Juice $2.99 Grilled Chicken Cobb Salad Wrap $6.29 Blueberry & Granola Parfait $3.59 LEMONADE: Fresh Fruit Parfait $3.29 TEST - PASTRY ITEMS Lemonade $2.50 SALADS Pineapple, Cranberry & Apple Parfait $3.59 Lemon Poppy Seed Demi-Loaf $2.29 Lemonade Strawberry $2.99 Chicken & Avocado Salad $6.99 Strawberry & Granola Parfait $3.59 Raisin Bran Demi-Loaf $2.29 Pret's Cobb & Greens Salad $7.29 Little Cup of Goodness $3.59 Chocolate Zucchini Bread $2.29 Chicken Caesar Salad $6.99 Pret's Cinnamon Roll $1.99 SODAS: Tuna Nicoise Salad $7.29 BREAKFAST ITEMS Pret's Pecan Sticky Buns $1.99 Ginger Beer $1.50 Roasted Turkey, Bacon & Avocado Salad $7.49 Egg & Bacon $2.75 Cinnamon Pecan Coffee Cake $2.29 Orange $1.50 Tomato & Avocado Caprese Salad $5.99 Egg & Roasted Tomato $2.75 Strawberry Danish Cake $2.29 Yoga Bunny $1.50 Farmer's Market Salad $6.89 Cranberry Raisin Scone $2.29 Lowfat Raisin Bran Muffin $1.99 BLOOMER SANDWICHES Lowfat Mixed Berry Yogurt $1.99 WATER Chicken Pesto & Bacon $7.49 New Core Recipes Lowfat Grain Oat Raisin Muffin $1.99 Still Water $1.39 Cheddar & Crunchy Veggie $6.49 Improved Recipes Sparkling Water $1.39 Delisted Products COKE: Chef's Specials - Phase 1 Regular $0.99 Chef's Specials - Phase 2 Diet Coke $0.99 Indicates Price Change CHI EVN Summer Launch vFINAL 5.23.12 233 of 357 234 of 357 235 of 357 236 of 357 For City Council meeting of February 25, 2013 Item P2 Business of the Council by Motion: Community Partners for Affordable Housing HOME Application For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Steve Griffin, Director, Community and Economic Development Department Dennis Marino, Manager, Planning & Zoning Division Sarah Flax, Housing and Grants Administrator Mary Ellen Poole, Housing Planner Subject: Community Partners for Affordable Housing HOME application Date: February 6, 2013 Recommendation The Housing and Homelessness Commission and staff recommend the approval of a $277,685 forgivable HOME loan for the acquisition and rehabilitation of a foreclosed 2- unit building for affordable rental housing to Community Partners for Affordable Housing (CPAH). Funding Funding is provided by the HOME fund. Currently, the City has a balance of approximately $1.1 million in its HOME line of credit comprising entitlement grants and program income from FY2012 and prior years that must be committed to projects by August 31, 2013. Funding this project would help meet the commitment deadline in a timely manner. Discussion CPAH is requesting $277,685 forgivable HOME loan from the City of Evanston to acquire and rehabilitate a two-flat with 3-bedroom units for rental. This addresses two City goals for larger family sized units as well as addressing the need for more affordable rental units. This project will help to preserve the existing housing stock and continue building an inventory of permanently affordable, environmentally sustainable housing in Evanston. CPAH was certified as a Community Housing Development Organization (CHDO) in 2013. Funding for this project would count towards our CHDO set aside obligation for HOME funds as required by HUD regulations. An efficient way to acquire inexpensive properties is through the foreclosure or short sale process. CPAH is proposing using the same acquisition strategy that has been used for NSP2 scattered site properties. Five properties were identified as potential Memorandum 237 of 357 Page 2 candidates in preparation for this HOME application. On average, each building had a combined acquisition/rehab cost of $275,000 and all were in the 2nd ward. CPAH would be required to develop a building that is not in a NSP2 census tract to achieve the goal of distributing affordable housing throughout the City. If a three unit building is identified as feasibly within the proposed costs constraints, staff would consider the larger building. Once a location has been identified, staff will conduct a final review and approval of the proposed project budget and documentation to confirm project feasibilit y and viability. CPAH would be required to cover all, if any, cost overruns to ensure project completion. CPAH will then conduct an environmentally sustainable rehabilitation to ensure the housing remains affordable for households under 60% Area Median Income (AMI). The rental property will be part of the Land Trust’s portfolio; therefore, it will remain affordable well past the 15 years required by HOME. CPAH has proven capacity and experience developing and managing scattered site rental units. The Executive Director of CPAH, Rob Anthony, is an Evanston resident and will be the primary contact for property management issues. CPAH provided 3 letters of recommendation from the Mayor of Highland Park, the Mayor of Lake Forest and the Community Development Administrator of Lake County (see attached). All letters spoke to CPAH’s ability to complete projects on time and on budget. The three letters spoke to the importance of CPAH’s acquisition strategy to offer competitive bids for properties in an efficient and prompt manner. The City’s NSP2 scattered site program, in partnership with Brinshore Development, has been doing this type of acquisition/rehab work for the past three years. Brinshore’s CEO, David Brint, has been on CPAH's advisory board since its inception and is a long- time supporter. CPAH may consult with Brinshore to gain further insight on the vacant and foreclosed rental stock in Evanston and potential challenges that CPAH may encounter. Attachments: CPAH HOME application project summary Letters of Recommendation 238 of 357 Print Date City of Evanston PID Number:1123 Underwriter: Reviewed By: Project Name:CPAH Scattered Site Preservation Rental Approved By: Project Address(es):TBD (non-NSP2 Census Tracts) City Evanston Wards Included: TBD State IL CDBG Area: TBD Zip 60201 Zoning Classification: TBD Developer Name:Community Partners for Affordable Housing Developer Address:400 Central Avenue, #111 Highland Park, IL 60035 Contact Person:Rob Anthony Email: Phone:847-681-8746 Population:Rental; Below 60% AMI Type of Project:Acquisition and rehabilitation of a rental building Type of Organization:Non-profit and CHDO Requested HOME Loan:$277,685 $138,843 per unit Maximum Permissible HOME Subsidy $479,010 Request within Maximum HOME Subsidy? Yes Affordability Restriction Type:Land Use Restriction Agreement Affordability Restriction Length:15 years No. of Units:2 Income Levels Served: Owner have Site Control? Project Description: Project Timeline:Application Received 10/31/2012 Loan Committee 12/5/2012 Housing Commission 12/13/2012, 1/25/2013 Planning and Development est. 2/11/2013 City Council est. 2/11/2013 Closing est. 4/1/2013 Construction Completion est. 12/1/2013 At or below 60% AMI, Low- and moderate-income City of Evanston Project Summary DEVELOPMENT OVERVIEW M. Poole S. Flax CPAH is requesting $277,685 forgivable loan from the City of Evanston HOME funds to acquire and rehabilitate a 2-unit rental building in order to preserve the existing housing stock and continue building an inventory of permanently affordable, environmentally sustainable housing in Evanston. CPAH will use the scattered-site, community land trust model to acquire vacant, blighted properties. It will then conduct an environmentally sustainable rehabilitation to ensure the housing remains affordable for households under 80% AMI who live and work in the community. CPAH is ready to proceed with this project pending City Council approval. The remaining funding for the project is already secured. ranthony@cpahousing.org Location will be finalized and acquired following commitment of funds. Properties previously considered all in 2nd ward. 239 of 357 Financing Loan Amort. Annual Type Amount Term Period Rate * D/S Pmt. 1st $40,000 30 30 5% $2,580 2nd $277,685 15 15 0% $0 $39,515 $20,000 $377,200 Amount Per Unit % $177,500 $88,750 47% of total development costs $125,900 $62,950 33% Construction Contingency $12,590 $6,295 10% of total construction contract Soft Costs $18,750 $9,375 5% Project Reserves $2,045 $1,023 1% Developer's Fee $40,415 $20,208 12% of total development costs $377,200 $99,850 108% Number of Number Unit Size Monthly Utility Rent plus Bedrooms of Units (Sq. Ft.) Rent Allowance Utilities Rent Limit 3BR 2 $875 $136 $1,011 $1,235 Total 60% AMI 2 100%of Total Fixed or Floating HOME Units:Fixed City of Evanston HOME Program Loan Grant: @ properties Total Project Sources: Donations Acquisition FINANCIAL SUMMARY UNIT RENT SCHEDULE AND AFFORDABILITY Sources of Financing and Equity Development Budget: Total Project Cost: Construction Lake Forest Bank & Trust Loan 240 of 357 Residential Rental Income: $21,000 + Other Residential Income: 0 (Parking, Laundry, Vending, etc.) + Commercial Income:0 Other Income:0 = Total Gross Income: $21,000 Vacancy of 8.00%$1,680 (Res. - includes Vacancy & Rent Allowance) - Vacancy of (Commercial) = Effective Gross Income: $19,320 Operating Exp ( #REF! per unit: )$14,250 Reserves ( #REF! per unit: )1,200 = Net Operating Income: $3,870 Debt Service Coverage Ratio Debt Service: -1st:$2,580 1.42 1st -2nd:0 1st & 2nd -3rd:1st, 2nd, & 3rd -4th:1st, 2nd, 3rd & 4th Total Debt Service: $2,580 = Cash Flow: $1,290 Unit Type 0 BR 1 BR 2 BR 3 BR 4+BR 2012 P/U Cost Limits $239,505 # of HOME Units 2 Maximum HOME Subsidy $0 $479,010 $0 $479,010 Supportive Services N/A Describe staff/mgt company's experience managing HUD income-restricted rental units. CPAH has had success in the past in managing HUD income-restricted rental units. This non-profit CHDO has developed, acquired, and rehabilitated 42 units of permanently affordable housing in Highland Park and Lake Forest using the Community Land Trust (CLT) model. CPAH was the first CLT in Illinois and it is the first affordable housing provider in Illinois to receive LEED-Gold Certification for Hyacinth Place, its award-winning 14-unit townhouse development. The need/market demand for the proposed project was directly determined from three sources; the Evanston 2010-2014 Consolidated Plan, the National Low Income Housing Coalition's 2012 "Out of Reach" Report, and finally information reported by the Housing Authority of Cook County regarding public housing and Housing Choice Vouchers. There is a great need for larger (3 bed) units. Relocation -- If Yes, specify details None INCOME AND EXPENSES Maximum HOME Subsidy per UBU Method Unit by Unit Cost Allocation Method ("UBU") Market Analysis/Need HOME Subsidy Analysis 241 of 357 Ownership Entity Name: Name/Address:Contact/ Phone: Sponsor(s): Community Partners for Affordable Housing Rob Anthony 400 Central Avenue, #111 847-681-8746 Highland Park IL, 60035 General Contractor: TBD Property Manager:Community Partners for Affordable Housing Rob Anthony 400 Central Avenue, #111 847-681-8746 Highland Park IL, 60035 Affordable Housing Experience List: Development Name Location Project Type # of Units Highland Park Highland Park Townhomes and Apartments Highland Park Rent to Own Highland Park & Lake Forest Single Family Homes (ownership) 6 10 Homeowner 6 rental 1 22 CPAH also manages four units on behalf of the City of Highland Park Inclusionary Housing Program and two additional “pilot program” homes on behalf of the Highland Park Housing Commission. CPAH currently has funding to acquire and rehabilitate 5 more single-family homes in Highland Park and Lake Forest over the next 12 months. CPAH also has funding secured to acquire one more condo unit to be used as affordable rental housing. Temple Ave. Townhomes Hyacinth Place Vine Ave Scattered Site Preservation Townhomes (ownership) 2. Completion of environmental review process per HUD guidelines 3. Cost Overruns: Without a property identified, staff was concerned about potential cost overruns and how those would be paid for to ensure project completion. CPAH responded that they have not experienced substantial cost overruns to date. Any cost overruns are taken out of the developer's fee. In the event that there is a major cost overrun, CPAH has in excess of $100,000 to cover the costs. 1. Once a location has been identified, staff will conduct a final review and approval of project budget and documentation by sponsor as generally outlined to confirm project feasibility and viability. 7. CPAH would be required to develop a building that is not in a NSP2 census tract to achieve the goal of distributing affordable housing throughout the City. Approval of a $277,685 forgivable HOME loan contingent upon the following conditions: 2. Property Management: CPAH as a proven track record of managing rental. CPAH's Executive Director lives in Evanston and will act as the primary contact for property management issues. CPAH also has a handyman who will conduct all repairs. 6. Five properties were identified as potential candidates in preparation for this HOME application. On average, each building had a combined acquisition/rehab cost of $275,000 and all were in the 2nd ward. DEVELOPMENT TEAM Community Partners for Affordable Housing Housing Development Experience Narrative: CPAH has had success in the past in managing HUD income-restricted rental units. This non-profit CHDO has successfully developed, acquired, and rehabilitated 42 units of permanently affordable housing in Highland Park and Lake Forest using the Community Land Trust (CLT) model. CPAH was the first CLT in Illinois and it is the first affordable housing provider in Illinois to receive LEED-Gold Certification for Hyacinth Place, its award-winning 14-unit townhouse development. SPONSOR'S EXPERIENCE COMMENTS AND ISSUES RECOMMENDATION 3. Compliance with all Cross-Cutting Federal Requirements 5. The City's NSP2 program has been doing this type of acquisition/rehab work in partnership with Brinshore Development in Evanston for the past 2 years. Brinshore' s CEO, David Brint has been on CPAH's advisory board since its inception and is a long-time supporter. CPAH may consult with Brinshore to gain further insight on the vacant and foreclosed rental stock in Evanston and potential challenges that CPAH may encounter. 1. CPAH has been certified as an Evanston CHDO for 2013. CPAH is in the process of replacing the Citizens Lighthouse Community Land Trust and absorbing their one Evanston property. CPAH has an active Evanston advisory board. 4. CPAH provided 3 letters of recommendation from: The Mayor Highland Park, Mayor of Lake Forest and the Community Development Administrator of Lake County. The Mayor of Highland Park noted that CPAH was always required to cover all cost overruns and has never come back to the City to request additional funds to complete a project. All 3 commented that CPAH's model to get city/county approval before a specific address was identified has allowed CPAH to operate efficiently and effectively and respond quickly with competitive offers on vacant and foreclosed properties. 242 of 357 243 of 357 244 of 357 245 of 357 246 of 357 247 of 357 248 of 357 For City Council meeting of February 25, 2013 Item P3 Business of the City by Motion: Housing Options for the Mentally Ill HOME Application For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Steve Griffin, Director, Community and Economic Development Department Dennis Marino, Manager, Planning & Zoning Division Sarah Flax, Housing and Grants Administrator Mary Ellen Poole, Housing Planner Subject: Housing Options for the Mentally Ill HOME application Date: February 12, 2013 Recommendation The Housing and Homelessness Commission and staff recommend the approval of a $458,777 forgivable HOME loan for the rehabilitation of 10 rental units to Housing Options for the Mentally Ill. Funding Funding is provided by the HOME fund. Currently, the City has a balance of approximately $1.1 million in its HOME line of credit comprising entitlement grants and program income from FY2012 and prior years that must be committed to projects by August 31, 2013. Funding this project would help meet the commitment deadline in a timely manner. Discussion Housing Options seeks to rehabilitate 10 permanent supportive housing apartment units in three small apartment buildings located throughout Evanston. Housing Options has owned and operated these buildings for 12 -20 years; they are older and in need of significant rehabilitation. Twenty-one individuals live in the 10 apartment units. The units proposed for rehabilitation provide affordable housing to individuals with disabling conditions. All individuals have incomes under 50% of the area median income (AMI), with most under 30% AMI. Housing Options' properties have received ongoing property maintenance. The rehabilitation proposed is for items above and beyond this regular maintenance schedule and includes entry-intercom system replacement, minor kitchen remodeling, furnaces, windows, and a porch replacement. This rehabilitation will not require any relocation, as work is not excessively intrusive for tenants. Housing Options plans to use Just Builders as their General Contractor. Just Builders is an Evanston Based Enterprise as well as a Section 3 Business. Memorandum 249 of 357 Page 2 Demand for Housing Options units is high. Participants pay only 30% of their income towards rent. In addition to providing affordable units, Housing Options provides a variety of integrated support services designed to help participants keep their housing. Services may include comprehensive case management, mental health therapy, psychiatric support, primary care coordination, and vocational services based on individual client needs. Housing Options has been providing permanent supportive housing for disabled residents for over 20 years. They currently own six buildings, the first of which was opened in 1992. Three buildings make up this application: 2120 Jackson Ave, 1009 Florence Ave and 419 Keeney Street. Attachments: Housing Options for the Mentally Ill HOME application project summary 250 of 357 Print Date City of Evanston PID Number:1124 Underwriter: Reviewed By: Project Name:Project Transform Approved By: Project Address(es):419 Keeney St, 2120 Jackson St, 1009 Florence Avenue City Evanston Wards Included:3,4,5 State IL CDBG Area: Yes, excluding 419 Keeney Street Zip 60201 Zoning Classification: R5, R3 Developer Name:Housing Options for the Mentally Ill Developer Address:1132 Florence Avenue Evanston, IL 60201 Contact Person:Debbie Bretag Email: Phone:847-866-6144 Fax: Population:Individuals recovering from mental illness Type of Project:Rehabilitation of existing units Type of Organization:Non-profit Requested HOME Loan:$458,777 $45,878 per unit Maximum HOME Subsidy $1,935,227 Request within Maximum HOME Subsidy? Yes Affordability Restriction Type:Land Use Restriction Agreement Affordability Restriction Length:15 years No. of Units:10 Income Levels Served: Owner have Site Control?Yes Project Description: Project Timeline:Application Received 10/31/2012 Loan Committee 12/5/2012 Housing Commission 12/13/2012, 1/25/12 Planning and Development est. 2/11/2013 City Council est. 2/11/2013 Closing est. 4/1/2013 Construction Completion est. 8/1/2013 Housing Options seeks to rehabilitate 10 permanent supportive housing apartment units in 3 small apartment buildings located throughout Evanston. These units are in older buildings that are in need of significant rehabilitation. The units proposed for rehab provide affordable housing to individuals with mental illness disabilities. Most of the 21 residents have been renting the same unit for multiple years. Housing Options' properties have received ongoing regular property maintenance. The rehabilitation proposed is for items above and beyond this regular maintenance schedule and includes entry-intercom system replacement; kitchen rehab including new ovens, microwaves; energy-efficient furnaces and windows; and a porch replacement. Housing Options plans to use Just Builders as their General Contractor. Just Builders is an Evanston Based Enterprise as well as a Section 3 Business. Demand for Housing Options units is high; they have 30 individuals on their wait list, which is currently closed. dbretag@housingopt.org 847-866-6233 Below 50% AMI City of Evanston Project Summary DEVELOPMENT OVERVIEW M. Poole S. Flax, D. Marino 251 of 357 Financing Loan Amort. Annual Type Amount Term Period Rate * D/S Pmt. 1st $458,777 15 n/a 0.00% $0 $24,000 0 0 0 $0 HUD capital improvement $8,980 0 0 0 $0 $491,757 Amount Per Unit %Per Sq Foot $387,000 $38,700 79% of total dev costs Construction Contingency $38,700 $3,870 10% of total construction contract Soft Costs $4,500 $450 1% Project Reserves $4,000 $400 1% Developer's Fee $57,557 $5,756 12% of total dev costs $491,757 $49,176 Number of Number Unit Size Monthly Utility Rent plus Low HOME High HOME Bedrooms of Units (Sq. Ft.) Rent Allowance Utilities Rent Limit Rent Limit 1BR 2 varies varies $0 varies* $706 $896 2BR 5 varies varies $0 varies* $848 $1,016 3BR 3 varies varies $0 varies* $980 $1,235 Total 10 100%of Total 4/1/2013 Fixed or Floating HOME Units: Floating The 2 low HOME units can float City of Evanston HOME Program Mark Morton Memorial Fund Total Project Sources: *All participants pay only 30% of their income towards rent. Tenants share units. For example, a 2 bedroom unit has a houshold of 2 residents; a 3 bedroom unit has a household of 3 residents. The combined rents charged for the unit would not exceed the HOME rent limits. 2 of the 10 HOME units are designated as LOW HOME. FINANCIAL SUMMARY UNIT RENT SCHEDULE AND AFFORDABILITY Sources of Financing and Equity Development Budget: Total Project Cost: Construction 252 of 357 Residential Rental Income: $68,989 + Other Residential Income: 52,490 (HUD contracts, grants, participation fees) + Commercial Income:0 Other Income:0 = Total Gross Income: $121,479 Vacancy of 8.00% $9,718 - Vacancy of 0 (Commercial) = Effective Gross Income: $111,761 Operating Exp (per unit: )$81,421 Reserves (per unit: )4,000 = Net Operating Income: $26,340 Debt Service Coverage Ratio Debt Service: -1st:$0 N/A 1st -2nd:0 1st & 2nd -3rd:0 1st, 2nd, & 3rd -4th:0 1st, 2nd, 3rd & 4th Total Debt Service: $0 = Cash Flow: $26,340 Unit Type 0 BR 1 BR 2 BR 3 BR 4+BR 2012 P/U Cost Limits $145,516 $185,136 $239,505 # of HOME Units 2 5 3 Maximum HOME Subsidy $0 $291,032 $718,515 $0 $1,935,227 Relocation -- If Yes, specify details This rehabilitation will not require any relocation, as work is not excessively intrusive for tenants. $925,680 Market Analysis/Need Supportive Services In addition to affordable housing, Housing Options, provides a variety of integrated support services designed to help residents keep their housing. Services can include comprehensive case management, mental health therapy, psychiatric support, primary care coordination, and vocational services, based on individual need. INCOME AND EXPENSES Maximum HOME Subsidy per UBU Method HOME SUBSIDY ANALYSIS Unit by Unit Cost Allocation Method ("UBU") The demand for Housing Options rental units is great. Their waiting list, which is closed, now stands at 30 individuals. Individuals on that list are served on a first come first served basis, with an exception made for homeless individuals. 253 of 357 Ownership Entity Name: Name/Address: Contact/ Phone: Sponsor(s): Housing Options for the Mentally Ill Debbie Bretag 1132 Florence Avenue 847-866-6144 Evanston IL, 60202 General Contractor: Just Builders John Cook 1129 Florence Avenue 847-877-7014 Evanston IL, 60202 *EBE and Sec. 3 Business Property Manager:Housing Options for the Mentally Ill Debbie Bretag 1132 Florence Avenue 847-866-6144 Evanston IL, 60202 2. Just Builders, the anticipated GC for the project is Evanston based and a Section 3 business. 1. Housing Options originally applied for 24 units to rehab. HOME funds were approximately 40% of the total budget. The Federal Home Loan Bank recently notified Housing Options that they did not receive their grant. The City asked Housing Options to scale back to 10 units. 3. Compliance with all other cross-cutting federal requirements The Housing and Homelessness Commission and staff recommend approval of a $458,777 15 year forgivable HOME loan contingent upon the following conditions: DEVELOPMENT TEAM Housing Options for the Mentally Ill Housing Development Experience Narrative: Housing Options has been providing permanent supportive housing for disabled individuals with mental illness for over 20 years. They currently own six buildings, the first of which was opened in 1992. Three of those buildings make up this application. The other 3 buildings are: 328 Custer, 818 Crain, and 1304 Kirk. In addition to owning 6 buildings, Housing Options manages scattered site rental units throughout Evanston. SPONSOR'S EXPERIENCE COMMENTS AND ISSUES RECOMMENDATION 2. Completion of environmental review process per HUD guidelines 1. The loan will be forgiven upon successful completion of the 15 year affordability period. 254 of 357 For City Council meeting of February 25, 2013 Item P4 Ordinance 22-O-13 Granting Major Zoning Relief to Eliminate Required Off-Street Parking at 1615 Oak Avenue For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Steve Griffin, Director of Community and Economic Development Dept. Dennis Marino, Manager, Planning and Zoning Division Melissa Klotz, Zoning Planner, Planning and Zoning Division Subject: Ordinance 22-O-13 Granting Major Zoning Relief to Eliminate Required Off- Street Parking at 1615 Oak Avenue Date: February 13, 2013 Recommended Action Staff recommends the adoption of Ordinance 22-O-13 granting major zoning relief to convert seven required off-street parking spaces into an outdoor seating area and bicycle parking at Smylie Brothers Restaurant & Brewery for a total of zero off-street parking spaces. The Zoning Board of Appeals found this as well in its findings for a positive recommendation of the relief since the proposal will improve pedestrian safety and will not negatively impact adjacent properties. Parking for patrons can be provided in the adjacent City surface parking lot and at the Oak Avenue and Davis Street metered street spaces, especially near the post office. The post office is closed during the peak evening hours of the proposed use, so the shared parking concept works well for this site, and the applicant will provide valet parking on Friday and Saturday evenings for restaurant patrons. Summary This property is located midblock on the east side of Oak Avenue between Davis and Church Street, opposite the post office. The property is located in the D2 Downtown Retail Core District and is completely surrounded by other D Districts. The existing building has been vacant for the last few years, but was previously the State of Illinois employment office. The applicant plans to open Smylie Brothers Restaurant & Brewery, and would like to remove the on-site parking to increase safety near the entrance, and to create an outdoor eating area and bicycle parking. The site currently has seven off-street parking spaces. The applicant feels the current parking setup is dangerous for restaurant patrons since families will be entering and Memorandum 255 of 357 exiting the building within a few feet of vehicles pulling into and out of spaces. The applicant also feels that the current parking area would be better utilized as an outdoor eating area with a small space for bicycle parking. The outdoor eating area is proposed at 1,280 square feet and the bicycle parking is 300 square feet. Planters and perimeter barriers are proposed to ensure both safety and pleasing aesthetics. The City’s Public Works Department has indicated three metered on-street parking spaces could be added as parallel parking on the street once the seven on-site spaces are removed. The surface lot to the north of the restaurant is not fully utilized during evenings and weekends when the post office is closed, which will be the busiest operational hours for the restaurant. The adjacent businesses on Oak, Davis, and Church Street do not feature on-site parking, so their patrons utilize public parking. The Zoning Ordinance allows businesses within 1000’ of a city parking garage or lot to lease spaces that may count towards the required parking. Both the Maple Avenue garage and the Sherman Plaza garage are within 1000’ of the restaurant, and there is a city-owned surface lot adjacent to the restaurant, just north of the alley with 22 metered spaces The applicant has indicated he is willing to lease one garage space for employee use, however all employees will be encouraged to utilize public transportation or ride bicycles. All of the permit spaces in the adjacent surface lot are currently utilized, but multiple metered spaces are frequently available. With the three spaces the City plans to add on the street, the area will see a net loss of four parking spaces. The applicant feels the parking available in the area will be adequate for his patrons during most times, and plans to offer valet parking during peak weekend times. The proposed parking variance should not adversely impact the neighborhood or adjacent properties since the applicant is proposing a parking plan similar to what the other businesses in the area currently do. City staff is not aware of any objections to the proposal. The proposed streetscape improvements are a welcome addition that will make the block more pedestrian and bicycle friendly. Neighborhood Benefit This use should not cause any type of negative cumulative effect on the surrounding neighborhood. Although there will be a net decrease of four parking spaces, there will still be a variety of parking options in the vicinity. The proposed restaurant will improve the neighborhood by utilizing a currently vacant building, improving the streetscape, and improving pedestrian safety. Comprehensive Plan The Evanston Comprehensive General Plan encourages redevelopment along existing commercial corridors that can add to the property tax base, sales tax revenue, and improve streetscapes and pedestrian areas. The Comprehensive Plan specifically includes: 256 of 357 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. Objective: Make quality design a priority for the construction and maintenance of all property. This parking variance will allow a new restaurant to improve a currently vacant building in an existing commercial area and increase pedestrian safety while improving the streetscape along private property through well-planned landscaping. Legislative History January 22, 2013: The ZBA recommended the City Council approve the requested zoning relief to eliminate all off-street parking with the following conditions: 1. Valet parking must be provided on Friday and Saturday nights. 2. One parking space must be leased in a City parking garage. 3. Employees cannot park in metered spaces in front of the restaurant or in the City owned parking lot to the north. 4. The applicant must consult with the zoning department for the landscaping and bicycle parking prior to obtaining a building permit. Attachments Proposed Ordinance 22-O-13 January 22, 2013 ZBA Meeting Minutes ZBA Findings Staff memo to the ZBA ZBA Application Packet 257 of 357 2/8/2013 22-O-13 AN ORDINANCE Granting a Major Variation Related to Parking at 1615 Oak Avenue in the D2 Downtown Retail Core Zoning District WHEREAS, Michael Smylie (the “Applicant”), manager of the property commonly known as 1615 Oak Avenue (the “Subject Property”), located within the D2 Downtown Retail Core zoning district and legally described in Exhibit A, attached hereto and incorporated herein by reference, submitted an application seeking approval of a Major Variation to parking requirements imposed by Subsection 6-16-3-5 of Title 6 of the Evanston City Code of 2012, as amended (“the Zoning Ordinance”); and WHEREAS, the Applicant requests a Major Variation to convert seven (7) off-street parking spaces into an outdoor seating area and bicycle parking for a Type 1 Restaurant to be called “Smylie Brothers Restaurant & Brewery,” yielding zero (0) off- street parking spaces on the Subject Property; and WHEREAS, on January 22, 2013, the Zoning Board of Appeals (“ZBA”), pursuant to proper notice, held a public hearing in case no. 12ZMJV-0087 to consider the application, received testimony, and made written records and findings that the application met the standards for Major Variations set forth in Subsection 6-3-8-12-(E) of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of February 25, 2013, the Planning and Development Committee of the City Council (the “P&D Committee”) considered and adopted the ZBA’s findings and recommendations, and recommended City Council approve the Major Variation as requested; and 258 of 357 22-O-13 ~2~ WHEREAS, at its meetings of February 25 and March 11, 2013, the City Council considered and ultimately adopted the recommendation of the P&D Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council hereby adopts the ZBA and P&D Committee’s records, findings, and recommendations, and hereby approves, pursuant to Subsection 6-3-8-10-(D) of the Zoning Ordinance, the Major Variation on the Subject Property applied for in case no. 12ZMJV-0087 and described hereinabove. SECTION 3: Pursuant to Subsection 6-3-8-14 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Major Variation granted hereby, violation of any of which shall constitute grounds for penalties or revocation thereof pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with all applicable legislation, with the testimony and representations of the Applicant to the ZBA, the P&D Committee, and the City Council, and the approved plans and documents on file in this case. (B) Recordation: The Applicant shall, at his cost, record a certified copy of this ordinance, including all Exhibits attached hereto, with the Cook County Recorder of Deeds, and provide proof of such recordation to the City, before the City may issue any construction permits pursuant to the Major Variation authorized hereby. (C) Valet Parking: The Applicant shall provide valet parking service for patrons on any Friday or Saturday night after 5:00 p.m. until the restaurant closes. (D) Employee Parking: When driving to work at the Subject Property, the Applicant and his employees shall not park in any metered spaces located in front of the building or in the lot immediately north of the Subject Property. The Applicant shall maintain at least one (1) parking permit for a space in the City’s Maple Avenue and/or Sherman Plaza garage for his or his employees’ use. 259 of 357 22-O-13 ~3~ (E) Landscaping Plan: The Applicant, at his sole cost and expense, shall construct bicycle parking and all-season landscaping along the Oak Avenue frontage in substantial compliance with plans subject to approval by City staff. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. 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. SECTION 8: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 9: The findings and recitals herein are 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. 260 of 357 22-O-13 ~4~ Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 261 of 357 22-O-13 ~5~ EXHIBIT A Legal Description LOTS 7 AND 8 (EXCEPT THE SOUTH 134 FEET OF SAID LOTS) IN BLOCK 67 IN EVANSTON, IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 11-18-302-016-0000 Commonly Known As: 1615 Oak Avenue, Evanston, Illinois. 262 of 357 APPROVED Page 1 of 3 Zoning Board of Appeals MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, January 22, 2013 7:30 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Mary Beth Berns, Scott Gingold, Lori Summers, Beth McLennan, Andrew Gallimore Members Absent: Clara Wineberg, Matt Rodgers Staff Present: Melissa Klotz Presiding Member: Lori Summers Declaration of Quorum With a quorum present, Chairman Summers called the meeting to order at 7:30pm. Approval of Minutes The minutes from the January 8, 2013 Zoning Board of Appeals meeting were motioned for approval by Mr. Gingold and seconded by Ms. Berns. The motion was approved 3-0 with 2 abstentions. New Business 2628 Gross Point Road ZBA 12ZMJV-0089 Crawford & Gross Point LLC, property owner, applies for a special use for a drive through facility and major zoning relief for an 18’ pedestrian setback for Chase Bank at 2628 Gross Point Road. 2628 Gross Point Road is located in the B1a Business District and the oCSC Central Street Corridor Overlay Subarea 6, which requires a special use permit for a drive through facility to operate (Zoning Code Section 6-9-5-3 and 6-15-4-6) and a variance to allow an 18’ pedestrian setback off of Gross Point Road where 30’ is required (Zoning Code Section 6-15-14-12). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. The applicant requested the case be continued to February 5, 2013. Mr. Gingold motioned to continue the case to February 5, 2013. The motion was seconded by Ms. Berns, and approved 5-0. 1615 Oak Avenue ZBA 12ZMJV-0087 Michael Smylie, property manager, applies for major zoning relief to convert 7 required off-street parking spaces into an outdoor seating area and bicycle parking at Smylie Brothers Restaurant & Brewery. The applicant requests the elimination of 7 required off-street parking spaces for a total of zero off-street parking spaces where 22 are required (Zoning Code Section 6-16-3-5). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Mr. Smylie explained the proposal: • Employees will be encouraged to use public transportation • Willing to rent one space in a parking garage • Hoping the bicycle parking will encourage more bicycle use • Restaurant will feature 150 indoor seats and 40 outdoor seats 263 of 357 APPROVED Page 2 of 3 Zoning Board of Appeals • Beer will be produced on premises, and there will be a full restaurant • Deliveries will be made through the alley to the north on a weekly basis Ms. Summers asked if valet service will be available to the restaurant patrons, and Mr. Smylie responded that valet service will be available on Friday and Saturday nights, and possibly Thursday nights. Mr. Gingold asked what businesses use the public lot to the north, and Mr. Smylie responded that the parking lot is primarily utilized by post office employees. Ms. Berns asked how many patrons are expected on a weekend night, and Mr. Smylie responded the hope is for 300 patrons, so that each seat turns over once during the dinner rush. Ms. Summers asked for landscaping details, and Mr. Smylie explained that year-round plants will be used, and noted that he hopes to use hops, which is a perennial vine. Mr. Gingold asked how many employees will work at one time, and Mr. Smylie answered there should be 10 employees working at a time. Mr. Gingold noted that a condition should be placed on the special use so that employees must use off-street parking and may not use the metered spaces in the north parking lot. The Zoning Board members then entered into deliberations: Mr. Gingold noted the building is set back from the street, yet most of the other buildings in the area frontage right up to the sidewalk/street. He also noted the other businesses only have street parking. Ms. Berns felt that with 300 customers per night on a weekend, valet service is definitely needed. Ms. Summers concurred. Ms. McLennan asked if a handicap parking space should be required, and Mr. Gingold noted there is a handicap space directly across the street near the post office. The Standards were then discussed, and all of the Standards were found to be met. Mr. Gingold recommended the City should install 3 metered on-street parking spaces in front of the restaurant. Mr. Gingold motioned to recommend approval with the following conditions: 1) Valet parking must be provided on Friday and Saturday nights. 2) One parking space must be leased in a parking garage. 3) Employees cannot park in metered spaces in front of the restaurant or in the north parking lot. 4) The applicant must consult with the zoning department for the landscaping and bicycle parking. Ms. Berns seconded the motion, which was approved 5-0. 1426 Greenleaf Street 12ZMJV-0088 Kent Marthaler, architect, applies for major zoning relief to raise the roof of a 2-story residence to enhance the appearance of the structure and allow for more insulation. The applicant requests a street side yard setback of 5.4’ where 15’ is required (Zoning Code Section 6-8-4-7- A-2). The Zoning Board of Appeals is the determining body for this case. Property owner Michael Thomas explained the proposal: • A new roof structure will be built on top of the existing roof. 264 of 357 APPROVED Page 3 of 3 Zoning Board of Appeals • Existing roof will remain • Ceiling inside will remain undisturbed • New roof will not encroach any further towards the street • The new attic space will be filled with insulation and will not be accessible living space. Ms. Summers asked if the peak height is within the zoning regulations, and Ms. Klotz responded the proposed peak height is 25.8’ where a maximum 35’ is permitted. Ms. Summers asked Mr. Thomas if he has spoken to his neighbors about the proposal, and he responded no, but a sign is posted on the property and no one has contacted him. Mr. Gingold noted the proposal looks like a good improvement. Ms. Berns concurred and noted that all of the Standards have been met. Mr. Gingold motioned for approval with the condition the project be within substantial compliance with the documents and testimony on record, and Ms. McLennan seconded the motion. The motion was approved 5-0. The meeting adjourned at 8:45pm. This meeting was recorded by video and is available at the Community and Economic Development Department, 2100 Ridge Avenue, Evanston. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department 265 of 357 FF II NN DD II NN GG SS FOR STANDARDS OF VV AA RR II AA TT II OO NN SS In the case of After conducting a public hearing on January 22, 2013, the Zoning Board of Appeals makes the following findings of fact, based upon the standards for variations specified in Section 6-3-8-12 of the City Code: Standard Finding (A) The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties; __x___Met _____Not Met 5-0 (B) The requested variation is in keeping with the intent of the zoning ordinance; __x___Met _____Not Met 5-0 (C) The alleged hardship or practical difficulty is peculiar to the property; __x___Met _____Not Met 5-0 (D) The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out; __x___Met _____Not Met 5-0 (E) The purpose of the variation is not based exclusively upon a desire to extract additional income from the property; __x___Met _____Not Met Case Number: 13ZMJV-0087 Address or Location: 1615 Oak Avenue Applicant: Michael Smylie, property manager, Smylie Brothers Restaurant & Brewery Proposed Zoning Relief: Eliminate 7 required off-street parking spaces for a total of zero off- street parking spaces. 266 of 357 5-0 (F) The alleged difficulty or hardship has not been created by any person having an interest in the property; __x___Met _____Not Met 5-0 (G) The requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property; __x___Met _____Not Met 5-0 and, based upon these findings, and upon a vote of __5__ in favor & __0__ against recommends to the City Council __x__ approval ____ denial With the following Conditions: 1. Valet parking must be provided on Friday and Saturday nights. 2. One parking space must be leased in a City parking garage. 3. Employees cannot park in metered spaces in front of the restaurant or in the City owned parking lot to the north. 4. The applicant must consult with the zoning department for the landscaping and bicycle parking prior to obtaining a building permit. __________________________________________ Date: _____________ Lori Summers Zoning Board of Appeals Chairman Attending: Vote: Aye No __x__ Lori Summers _x__ ____ __x__ Mary Beth Berns _x__ ____ __x__ Beth McLennan _x__ ____ _____ Matt Rodgers ____ ____ __x__ Andrew Gallimore _x__ ____ __x__ Scott Gingold _x__ ____ _____ Clara Wineberg ____ ____ 267 of 357 268 of 357 269 of 357 270 of 357 271 of 357 272 of 357 273 of 357 274 of 357 275 of 357 276 of 357 277 of 357 278 of 357 279 of 357 280 of 357 281 of 357 282 of 357 283 of 357 284 of 357 285 of 357 286 of 357 287 of 357 288 of 357 289 of 357 290 of 357 291 of 357 292 of 357 293 of 357 294 of 357 For City Council meeting of February 25, 2013 Item P5 and P6 Ordinances 2-O-13 and 3-O-13 Amending the Zoning Ordinance and Zoning Map – Establish the Howard-Ridge Overlay District. For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Steve Griffin, Director, Community and Economic Development Department Dennis Marino, Manager, Planning and Zoning Division Melissa Klotz, Zoning Planner, Planning and Zoning Division Subject: Proposed Ordinances 2-O-13 and 3-O-13 Amending the Zoning Ordinance and Zoning Map to Establish the Howard-Ridge Overlay District Date: February 19, 2013 Recommended Action The Plan Commission, by a vote of 5-2, recommends against the adoption of the Howard- Ridge Overlay District (Ordinances 2-O-13 and 3-O-13), which would require certain types of new Retail Service uses such as hair salons, nail salons, beauty shops, and barber shops, to operate only by Special Use in the Howard-Ridge TIF District. Should the Planning and Development Committee and City Council desire to reverse the Plan Commission’s recommendation, motions to do so should be made prior to the introduction of Ordinance 2-O-13 that amends the Zoning Ordinance text to create a new overlay zoning district and Ordinance 3-O-13 that amends the Zoning Map by placing the properties in the Howard-Ridge TIF District into the new overlay zoning district. (P5) Ordinance 2-O-13 Amending the Text of the Zoning Ordinance by Enacting a New Section 6-15-17, “oHR Howard-Ridge Overlay District” For Introduction (P6) Ordinance 3-O-13 Amending the Zoning Map to Place Certain Properties Within the oHR Howard-Ridge Overlay District For Introduction Summary The Plan Commission does not recommend the adoption of proposed Ordinance 2-O-13 and 3-O-13 to restrict certain Retail Service uses such as hair salons, nail salons, beauty shops, and barber shops to be allowed by Special Use in the area currently bounded by the Howard-Ridge TIF District. The consensus of the Plan Commission members was that the zoning regulations within the Howard Street corridor should not differ for certain Retail Memorandum 295 of 357 Service uses, and redevelopment of the area should instead be market-driven. General Retail Service uses are currently permitted by right in the underlying B3 District, with no additional zoning regulations for personal care services such as hair salons, nail salons, beauty shops, and barber shops. The current zoning regulations for such Retail Service uses may be problematic by allowing the proliferation of personal care services on Howard Street. With the proximity to Chicago zoning districts that are more restrictive to many uses, including certain Retail Service uses such as hair salons, nail salons, beauty shops, and barber shops, a growing concentration of such uses are present along the Evanston side of the corridor. The accumulation of such uses in this area may impair the City’s ability to achieve the goals of the Howard - Ridge TIF and may deter private sector investment consistent with the economic and development goals of the TIF District. An overlay district that follows the boundary of the Howard-Ridge TIF may better regulate certain Retail Service uses and prevent any potential negative cumulative effects of similar uses within the area. If the Special Use requirement were imposed, such uses that currently exist within the overlay boundary would be granted legal nonconforming status and would be allowed to continue operations within their current locations. Legally nonconforming uses may transfer over to new businesses of the same type(s) at those same locations so long as each legally nonconforming use is not terminated or discontinued/abandoned for a period of 12 consecutive months. If a legally nonconforming use is terminated or discontinued for 12 or more consecutive months, any new business of a similar use in the same location would be required to obtain Special Use approval by City Council in order to locate within the proposed overlay. This means that over time, the amount of personal care service businesses within the overlay boundary would be restricted by the number of new Special Uses approved by City Council. The Plan Commission initially discussed the proposed regulations with a 2 year amortization period, although the amortization is not included in proposed ordinances 2-O- 13 or 3-O-13. The previous proposal with the 2 year amortization would have required all existing personal care service uses within the overlay district gain Special Use approval within 2 years of the establishment of the overlay or cease business operations. The amortization would prevent the personal care service uses from continuing as legal nonconforming uses or from transferring their legal nonconforming status to new businesses locating where existing personal care services held such status. The commissioners uniformly found amortization to be unacceptable and unfair to existing businesses, arguing they should not be required to close by new zoning regulations that did not exist when they chose to locate on Howard Street. The Commission directed staff to amend the proposed text amendment to exclude amortization of existing businesses, so that all existing personal care service businesses could continue operation indefinitely with legal nonconforming status. At their next meeting, the Commission discussed alternatives, including shortening the abandonment 296 of 357 period necessary to eliminate legal nonconforming status from the standard 12 months. Ultimately, the Commission recommended denial of the proposed overlay because 5 of the 7 commissioners stated the zoning regulations within the Howard Street corridor should remain the same for all Retail Service uses, and redevelopment of the area should instead be market-, not ordinance-driven. For more information regarding the Plan Commission discussions, see the attached Plan Commission meeting minutes of November 14 and December 12, 2012. The proposed Howard-Ridge Overlay District follows the exact boundary of the Howard- Ridge TIF, and includes the following purpose statement: The purpose of the oHR Howard-Ridge Overlay District is to ensure change in use of those sites occupied by certain types of Retail Service Establishments that have proliferated within the District, encourage development of tax revenue-generating Uses within the District in a manner that minimizes adverse effects on nearby properties, and promote redevelopment in accordance with the Tax Increment Redevelopment Plan and Project for the Howard and Ridge Tax Increment Financing District, adopted by the City pursuant to Ordinance 1-O-04. Certain uses that are currently classified as Retail Service Establishments and permitted in this corridor will be restricted to Special Use approval to give the City a means of stopping the proliferation of any negative cumulative effects of such uses. These uses include: Personal Care Services, including hair salons, barbershops, hair braiding, nail salons, beauty parlors, spas, and other such businesses determined by the Zoning Administrator to be of the same or similar type and intensity. Divinatory Arts, including psychics, astrologers, Tarot card readers, fortune tellers, spiritualists and other such businesses determined by the Zoning Administrator to be of the same or similar type and intensity. The proposed Howard-Ridge Overlay District is a way for the City to encourage the revitalization and development of the Howard Street corridor and address issues that are prevalent in that area because of the proximity to Chicago’s strict zoning regulations. The proposed overlay will not prohibit new businesses from establishing in the area, but will instead provide a way for the City to ensure the goals of the Howard-Ridge TIF are met by addressing the issue of negative cumulative effect of certain uses, encouraging development, and increasing the tax base. Attachments Draft Ordinance 2-O-13 Howard Ridge Overlay Text Amendment Draft Ordinance 3-O-13 Howard Ridge Overlay Map Amendment Plan Commission Draft Meeting Minutes December 12, 2012 297 of 357 Plan Commission Meeting Minutes – November 14, 2012 Zoning Committee of the Plan Commission Meeting Minutes – October 17, 2012 Zoning Committee of the Plan Commission Meeting Minutes – October 1, 2012 Approved Ordinances 1-O-04, 2-O-04 and 3-O-04 Howard and Ridge Redevelopment Project Area and TIF District Howard and Ridge TIF District Redevelopment Plan and Project No. 5 (excerpts) Current Howard Street Business Inventory/Zoning Use Classifications 298 of 357 12/12/2012 2222----OOOO----13131313 AN ORDINANCEAN ORDINANCEAN ORDINANCEAN ORDINANCE Amending Amending Amending Amending the Text the Text the Text the Text of the Zoning Ordinanceof the Zoning Ordinanceof the Zoning Ordinanceof the Zoning Ordinance bybybyby Enacting a NewEnacting a NewEnacting a NewEnacting a New Section Section Section Section 6666----15151515----11117777,,,, ““““oHRoHRoHRoHR HowardHowardHowardHoward----Ridge Ridge Ridge Ridge OverlayOverlayOverlayOverlay DistrictDistrictDistrictDistrict”””” WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt ordinances and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1, et seq.) grants each municipality the power to establish zoning regulations; and WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 2012, as amended, (“the Zoning Ordinance”); and 299 of 357 2-O-13 ~2~ WHEREAS, on October 17, November 14, and December 12, 2012, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 12PLND-0069 to consider amendments to the text of the Zoning Ordinance, to create a new district known as the “oHR Howard-Ridge Overlay District;” and WHEREAS, the Plan Commission received testimony and made findings pursuant to Section 6-3-4-6 of the Zoning Ordinance and recommended City Council deny approval thereof; and WHEREAS, at its meeting of February 25, 2013, the Planning and Development Committee of the City Council considered and reversed the findings and recommendation of the Plan Commission in case no. 12PLND-0069 and recommended City Council approval thereof; and WHEREAS, at its meetings of February 25 and March 11, 2013, the City Council considered and adopted the record and recommendation of the Planning and Development Committee; and WHEREAS, it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124), NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. 300 of 357 2-O-13 ~3~ SECTION 2: The Zoning Ordinance is hereby further amended by the enactment of a new Section 6-15-17 thereof, “oHR Howard-Ridge Overlay District,” to read as follows: 6-15-17: oHR HOWARD-RIDGE OVERLAY DISTRICT 6-15-17-1: PURPOSE STATEMENT: The purpose of the oHR Howard-Ridge Overlay District is to ensure change in use of those sites occupied by certain types of Retail Services Establishments that have proliferated within the District, encourage development of tax revenue-generating Uses within the District in a manner that minimizes adverse effects on nearby properties, and promote redevelopment in accordance with the Tax Increment Redevelopment Plan and Project for the Howard and Ridge Tax Increment Financing District, adopted by the City pursuant to Ordinance 1-O-04. 6-15-17-2: DESIGNATION OF OVERLAY DISTRICT: The oHR Howard-Ridge Overlay District shall be designated by the City Council and shown as an overlay to the underlying Zoning Districts with the designation “oHR” on the City Zoning Map cited in Section 6-7-2 of the Zoning Ordinance. 6-15-17-3: APPLICATION OF OVERLAY DISTRICT: Any property located within the oHR District shall retain its original Zoning District designation and shall gain the additional designation of the oHR District. The provisions of this Section 6-15-17 shall serve as a supplement to the regulations of the underlying District and the entirety of the Zoning Ordinance. Where a conflict exists between the provisions of this Section 6-15-17 and those of the underlying Zoning District and/or the rest of the Zoning Ordinance, this Section shall control. 6-15-17-4: ADDITIONAL SPECIAL USES: Those types of Retail Services Establishments listed in this Subsection 6-15-17-4 may be allowed in the oHR District only pursuant to the Special Use provisions set forth in Section 6-3-5 of the Zoning Ordinance: Personal Care Services, including hair salons, barbershops, hair braiding, nail salons, beauty parlors, spas, and other such businesses determined by the Zoning Administrator to be of the same or similar type and intensity. Divinatory Arts, including psychics, astrologers, Tarot card readers, fortune tellers, spiritualists and other such businesses determined by the Zoning Administrator to be of the same or similar type and intensity. 301 of 357 2-O-13 ~4~ 6-15-17-5: NONCONFORMING USES: Every lawfully existing Use rendered nonconforming by this Section 6-15-17 may continue to operate pursuant to the provisions of Chapter 6 of the Zoning Ordinance. 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. 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:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 302 of 357 12/12/2012 3-O-13 AN ORDINANCE Amending the Zoning Map to Place Certain Properties Within the oHR Howard-Ridge Overlay District WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt ordinances and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1, et seq.) grants each municipality the power to establish zoning regulations; and WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 1979, as amended, (“the Zoning Ordinance”); and 303 of 357 3-O-13 ~2~ WHEREAS, on October 17, November 14 and December 12, 2012, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 12PLND-0069, to consider amendments to the Zoning Map, cited in Section 6-7-2 of the Zoning Ordinance, to place certain properties within the oHR Howard-Ridge Overlay District; and WHEREAS, the Plan Commission received testimony and made findings pursuant to Subsection 6-3-4-6 of the Zoning Ordinance and recommended City Council deny approval thereof; and WHEREAS, at its meeting of January February 25, 2013, the Planning and Development Committee of the City Council considered and reversed the findings and recommendation of the Plan Commission in case no. 12PLND-0071 and recommended City Council approval thereof; and WHEREAS, at its meetings of February 25 and March 11, 2013, the City Council considered and adopted the record and recommendation of the Planning and Development Committee; and WHEREAS, it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124), NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. 304 of 357 3-O-13 ~3~ SECTION 2: The City Council hereby amends the Zoning Map to place those properties with the addresses and PINs listed in Exhibit A and identified in Exhibit B, both attached hereto and incorporated herein by reference, within the oHR Howard- Ridge Overlay District. 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. 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:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 305 of 357 3-O-13 ~4~ EXHIBIT A Addresses and PINs of Properties Located Within the oHR Howard-Ridge Overlay District 821 Howard St 11-30-123-018-0000 815 Howard St 11-30-123-019-0000 815 Howard St 11-30-123-020-0000 813 Howard St 11-30-123-021-0000 811 Howard St 11-30-123-022-0000 809 Howard St 11-30-123-023-0000 807 Howard St 11-30-123-024-0000 805 Howard St 11-30-123-025-0000 803 Howard St 11-30-123-026-0000 801 Howard St 11-30-123-027-0000 825 Howard St 11-30-123-029-0000 751 Howard St 11-30-124-016-0000 739 Howard St 11-30-124-017-0000 739 Howard St 11-30-124-018-0000 723 Howard St 11-30-124-024-0000 721 Howard St 11-30-124-025-0000 719 Howard St 11-30-124-026-0000 717 Howard St 11-30-124-027-0000 715 Howard St 11-30-124-028-0000 713 Howard St 11-30-124-029-0000 711 Howard St 11-30-124-030-0000 709 Howard St 11-30-124-031-0000 705 Howard St 11-30-124-032-0000 725 Howard St 11-30-124-039-0000 729 Howard St 11-30-124-050-0000 727 Howard St 11-30-124-051-0000 641 Howard St 11-30-209-019-0000 641 Howard St 11-30-209-020-0000 641 Howard St 11-30-209-021-0000 635 Howard St 11-30-209-022-0000 633 Howard St 11-30-209-023-0000 629 Howard St 11-30-209-024-0000 625 Howard St 11-30-209-025-0000 621 Howard St 11-30-210-016-0000 621 Howard St 11-30-210-017-0000 619 Howard St 11-30-210-018-0000 613 Howard St 11-30-210-019-0000 306 of 357 3-O-13 ~5~ 611 Howard St 11-30-210-020-0000 603 Howard St 11-30-210-023-0000 601 Howard St 11-30-210-024-0000 607 Howard St 11-30-210-025-0000 565 Howard St 11-30-211-007-0000 563 Howard St 11-30-211-008-0000 561 Howard St 11-30-211-009-0000 557 Howard St 11-30-211-010-0000 555 Howard St 11-30-211-011-0000 551 Howard St 11-30-211-012-0000 136 Chicago Ave 11-30-212-004-0000 130 Chicago Ave 11-30-212-005-0000 126 Chicago Ave 11-30-212-006-0000 000 Chicago Ave 11-30-212-007-0000 000 Chicago Ave 11-30-212-008-0000 103 Chicago Ave 11-30-213-012-0000 101 Chicago Ave 11-30-213-013-0000 519 Howard St 11-30-213-014-0000 331 Howard St 11-30-213-019-0000 315 Howard St 11-30-213-020-0000 501 Howard St 11-30-213-056-0000 307 of 357 3-O-13 ~6~ EXHIBIT B Map of Properties Re-Zoned to oHR Howard-Ridge Overlay District 308 of 357 131 203 201 209 821 807811120 740723712931231 820818808823737829232 132805 243 727721739 718 712739245 703708234 125 143 145 231 628146 242 201 233 226 124 114 144 233 609130 146 141 117 132 140 333317319309127 830 821829820823821812810809809803735201 734731721717710136 237 633126 247 623 1/2122 121 137231 612142 148 617 137 127 200 525329315313321133 145 929835833819 809812815142 800807749747745743239 739241 733730715725719725713120 146 230 113 127 139 235 635229 630623148 244 111 565555 519235 237 826 241 101 824 815808813814804130804144 230 119745 729724717724 714705712138709703238702 123 205 239 631637629241 245 120 134 125 707127 145 953951950820135 731 147625623243 607120 126 138615 610101 123602 415339824137 239 819823822 810 811817 806803803244 743744121 738741229 737725 1/2728721 1/2714719718 112 240 115 211 627 1/2627 625 1/2623 625 234 236 619117 123141143621 621622122 107 133 331141 233 247 822831825814813807816815817118802136801240 751129 741732733 729 727732721720721716715719140 236 121 131 133 135 149 629 1/2150 140 621135619619 114 124 136 611135607 311129 139 927821806800802236 801742736131 203 738727725733731727713723714713722720711709709130 126 131 133 711144703 641 249 629117 243 627130 136 228 232 149 139144 613606115 131 222 523327249 833245 243 819824827815814816 811801134 741739740730726735 729728716 715110 132 128707208705710704700 701137 147 151 203 223 116631225 227 625142 224 240 241 116 134 132 140 125605 121 119 128130 337335R5 I2 B3 OS C1 Howard Street Brummel Street Case Street Custer AvenueDobson Street Chicago AvenueCallan AvenueElmwood AvenueClyde AvenueCase PlaceCallan AvenueOverlay District Building Footprint Tax Parcel Street Railroad Bridge Outline Howard Street Overlay District HowardStOverlay.mxd - 11/7/2012 This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. 0 250 500 Feet 309 of 357 DRAFT NOT APPROVED Page 1 of 3 Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, December 12, 2012 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Seth Freeman, Patricia Ledesma, Scott Peters (Chair), David Galloway, Jim Ford, Kwesi Steele, Richard Shure Members Absent: Barbara Putta, Lenny Asaro, Stuart Opdycke (Associate) Staff Present: Melissa Klotz, Dennis Marino, Ken Cox Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Peters called the meeting to order at 7:08 P.M. 2. APPROVAL OF NOVEMBER 14, 2012 MEETING MINUTES Commissioner Ledesma motioned for approval of the November 14, 2012 meeting minutes. Commissioner Freeman seconded the motion. A voice vote was taken and the minutes were approved 7-0. 3. ZONING MAP AND TEXT AMENDMENT 12PLND-0069 Consideration of text and map amendments, pursuant to City Code Title 6, Zoning, for an Overlay District on Howard Street that follows the boundary of the Howard- Ridge TIF District, bounded on the west by Ridge Avenue, on the east by the City limits, and including 5 parcels on Chicago Avenue, to a northernmost point of 132 Chicago Avenue. Melissa Klotz, Zoning Planner, explained that the updated proposal does not contain amortization, so personal care service uses would be required to obtain special use approval for locations that did not previously have a similar personal care service use, or where such a previous use discontinued for twelve consecutive months. Alderman Rainey explained that Chicago basically does not allow those types of uses on their side of the Howard Street corridor. Amortization of existing businesses is not a good thing. Instead, existing businesses should lose their legal nonconforming status when they go out of business, so that a new business looking to locate in the same space would be required to obtain a special use permit. Ken Cox, Assistant City Attorney, explained that one problem with limiting the nonconforming status to current businesses rather than their sites, is that these 310 of 357 DRAFT NOT APPROVED Page 2 of 3 Plan Commission Minutes businesses are not required to obtain business licenses, so there is no connection between them and the City. Commissioner Freeman asked if a 90 day rather than the typical 12 month discontinuation of use could be enacted specific to this area. Commissioner Shure asked if everyone is in agreement that there are too many of these uses in this area that are detrimental to economic development, and Commissioner Ford said if they are nonfunctioning then yes. Chairman Peters stated the problem is not that they are non-functioning; it is the effect of the accumulation of that type of use. Another example would be fast food restaurants. Commissioner Putta arrived at 7:40 P.M. Commissioner Ford motioned not to move the proposal forward to City Council, and then withdrew the motion. Commissioner Ford then motioned for denial of the proposed Howard-Ridge Overlay text and map amendments. The motion was seconded by Commissioner Ledesma. The motion for denial was approved 5-2, with Commissioner Putta abstaining. 4. ZONING TEXT AMENDMENT 12PLND-0071 Consideration of the proposed text amendment, pursuant to City Code §6-6 of the Zoning Ordinance to discuss the zoning regulations for increasing the bulk of structures with one to four-family residential nonconforming uses. Ms. Klotz explained the problem certain nonconforming uses, such as residences, have when they are older homes that are located in non-residential zoning districts. Since such homes are considered to have nonconforming uses, they are not allowed to expand the use, i.e. put a small addition onto the home. The proposed process would allow such homeowners to apply for approval to move forward with an increase of nonconformity. The Zoning Administrator would decide whether or not to grant the approval, based on a set of Standards similar to the minor variance Standards and process. If approved, a homeowner could then apply for a building permit and/or variance. Commissioner Freeman suggested “extraordinary” be removed from Standard A, and that the date of January 14, 2012 in the draft ordinance be changed to the correct year of 2013. The motion was seconded by Commissioner Shure, and approved unanimously. Commissioner Ford motioned for approval of the text amendment, and was seconded by Commissioner Shure. The motion was approved unanimously. 5. COMMITTEE REPORTS Commissioners Peters and Asaro will continue to co-chair the Comprehensive Plan Committee. 6. ADJOURNMENT 311 of 357 DRAFT NOT APPROVED Page 3 of 3 Plan Commission Minutes Commissioner Galloway motioned for adjournment. Commissioner Ford seconded the motion. The meeting adjourned at 8:30 P.M. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department The next regular Plan Commission meeting is scheduled for WEDNESDAY, MARCH 13, 2013 at 7:00PM in COUNCIL CHAMBERS of the Lorraine H. Morton Civic Center. 312 of 357 APPROVED Page 1 of 3 Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, November 14, 2012 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Seth Freeman, Patricia Ledesma, Scott Peters (Chair), David Galloway, Jim Ford, Kwesi Steele, Stuart Opdycke (Associate) Members Absent: Barbara Putta, Richard Shure, Lenny Asaro Staff Present: Craig Sklenar, Melissa Klots, Ken Cox, Dennis Marino Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Peters called the meeting to order at 7:15 P.M. 2. APPROVAL OF OCTOBER 10, 2012 MEETING MINUTES Commissioner Freeman motioned for approval of the October 10, 2012 meeting minutes Commissioner Ledesma seconded the motion. A voice vote was taken and the minutes were approved. 3. ZONING TEXT AMENDMENT 12PLND-0070 Specifically consider text amendments, pursuant to City Code Title 6, Zoning, to discuss the zoning regulations of banquet halls as special uses. Melissa Klotz, Zoning Planner, provided a staff report concerning the proposed establishment of a definition for Banquet Halls as a Special Use. Chairman Peters opened the discussion asking for a motion concerning the proposed text amendment. Commissioner Galloway motioned to approve the proposed definition and provide a recommendation to City Council to approve this definition. Commissioner Ford seconded the motion A voice vote was taken, the motion passed 6-0. 4. ZONING MAP AND TEXT AMENDMENT 12PLND-0069 313 of 357 APPROVED Page 2 of 3 Plan Commission Minutes Specifically consider text and map amendments, pursuant to City Code Title 6, Zoning, for an Overlay District on Howard Street that follows the boundary of the Howard Ridge TIF District, bounded on the west by Ridge Avenue, on the east by the City limits, and including 5 parcels on Chicago Avenue, to a northernmost point of 132 Chicago Avenue. Melissa Klotz, Zoning Planner, provided a staff report concerning the proposed establishment of an Overlay District on Howard Street that would define beauty salons and barbershops and make them a special use. This overlay proposes an amortization period that will require all existing businesses that meet this definition to apply for a special use for approval after two years time. Chairman Peters opened the discussion asking for a motion concerning the proposed map and text amendment. Commissioners concerned with the amortization proposed and the restriction of these uses Commissioner Ford motioned to send the proposed text and map amendment back to City staff to refine and propose new regulations that look at non-amortization uses to help regulate beauty salons and barbershops, and continued the discussion to the December 12, 2012 Plan Commission meeting. Commissioner Steele seconded the motion. A voice vote was taken, the motion passed 6-0. 5. 2013 PLAN COMMISSION MEETING DATES Commissioner Freeman motioned to approve the proposed Plan Commission meeting dates for 2013. Commissioner Ledesma seconded the motion A voice vote was taken, the motion passed 6-0. 6. PLAN COMMISSION 2013 ELECTIONS Commissioner Ford motioned to keep the current slate of Plan Commission Chair (Scott Peters), Vice Chair (David Galloway) and Committee Liaisons to the Housing and Community Development Act Committee (Stuart Opdycke), Economic Development Committee (Seth Freeman), Citizens’ Advisory Committee on Public Place Names (Seth Freeman), and Transportation/Parking Committee (David Galloway) for the 2013 Calendar year. Commissioner Freeman seconded the motion A voice vote was taken, the motion passed 6-0. 314 of 357 APPROVED Page 3 of 3 Plan Commission Minutes 7. COMMITTEE REPORTS Commissioner Peters proposed a resolution to commend Craig Sklenar, General Planner, for his work as staff member for the Plan Commission and to commend the quality of work. Commissioner Ledesma seconded the motion 8. ADJOURNMENT Commissioner Freeman motioned for adjournment Commissioner Ledesma seconded the motion. The meeting adjourned at 8:30 P.M. Respectfully Submitted, Craig Sklenar, AICP General Planner, Community and Economic Development Department The next regular Plan Commission meeting is scheduled for WEDNESDAY, DECEMBER 12, 2012 at 7:00PM in COUNCIL CHAMBERS of the Lorraine H. Morton Civic Center. 315 of 357 APPROVED Page 1 of 3 Evanston Zoning Committee of the Plan Commission Minutes MEETING MINUTES ZONING COMMITTEE OF THE PLAN COMMISSION Wednesday, October 17, 2012 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Room 2403 Members Present: Jim Ford, Richard Shure (Chair), Patricia Ledesma Liebana, Stuart Opdycke, Dave Galloway, Scott Peters Members Absent: Kwesi Steele Staff Present: Melissa Klotz, Dennis Marino Presiding Member: Richard Shure, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Shure called the meeting to order at 7:00 P.M. 2. MINUTES Approval of October 1, 2012 Zoning Committee of the Plan Commission Meeting Minutes: Commissioner Ledesma motioned for approval of the October 1, 2012 meeting minutes with one correction. Commissioner Galloway seconded the motion. A voice vote was taken and the minutes were approved with one correction. 3. OLD BUSINESS 4. NEW BUSINESS A) 12PLND-0070 Consideration of the proposed text amendment to the Zoning Ordinance to discuss the regulation of banquet halls as permitted and special uses. Zoning Planner Melissa Klotz explained that banquet halls do not currently have a use category that they adequately fit into in the Zoning Ordinance. Citizen Steven Schwartz explained that he would like to open a banquet hall in Evanston. He plans to have an indoor space, bring in food (but not have a kitchen on site), and accommodate approximately 150 people per event in a 3,000 square foot party space with an extra 1,000 square foot private area. Commissioners discussed whether to add a specific time limit into the proposed definition but decided a time limit was unnecessary. 316 of 357 APPROVED Page 2 of 3 Evanston Zoning Committee of the Plan Commission Minutes Commissioner Peters motioned to recommend approval of the proposed definition and districts, which would allow banquet halls by special use in all B, C, D, and M districts, as well as the O1 and RP districts. Commissioner Ford seconded the motion, and the motion was approved unanimously. The proposed text amendment will move forward to the Plan Commission on November 14, 2012. B) 12PLND-0069 Consideration of an overlay district on Howard Street bounded on the west by Ashland Avenue and on the east by the City limits. Zoning Planner Melissa Klotz explained the proposed overlay district, and referred to the documents and statistics provided in the 2010 Full Circle Report that discussed the impact of certain uses on Howard Street. Commissioners discussed how the overlay district could address existing businesses and whether or not those sites would be granted legal nonconformity and allow a new business to continue an existing nonconforming use. Alderman Rainey mentioned the possibility of instituting a distance requirement for certain uses. Commissioners discussed what the overlay district boundary should be and felt it would be best to follow the Howard Ridge TIF boundary. Alderman Rainey mentioned establishing a definition for personal care services. The Commissioners discussed such, and decided the personal care service use in the overlay district would be a subset of the existing retail service category. Other subsets may be included for tarot cards, psychics, etc. Commissioners felt a distance requirement would not be necessary since the issue of negative cumulative effect could be addressed in the special use process. Commissioner Peters motioned to recommend approval of the proposed overlay district with the boundary and special uses as discussed. Commissioner Ford seconded the motion, and the motion was approved unanimously. C) 12PLND-0071 Consideration of the proposed text amendment to the Zoning Ordinance to discuss the zoning regulations for increasing the bulk of nonconforming structures with nonconforming uses. Zoning Planner Melissa Klotz explained the limitations the Zoning Ordinance currently places on such uses and structures, and the implications that has for certain properties. Commissioner Ford stated his concern with the proposal being just an administrative process. He felt it would be better served like minor variances, where there is a set of standards created to base approval upon. Commissioners discussed if such a process should only be allowed for residential uses or residentially zoned lots. Commissioners felt it would be helpful to have an 317 of 357 APPROVED Page 3 of 3 Evanston Zoning Committee of the Plan Commission Minutes inventory of the existing nonconforming uses to gain a better understanding of what nonconforming uses exist. Commissioner Peters motioned to lay the item over to the next Zoning Committee of the Plan Commission meeting so that staff could provide more information as discussed. Commissioner Ford seconded the motion, and the motion was approved unanimously. 5. DISCUSSION The next Zoning Committee of the Plan Commission meeting will be rescheduled from a previous date of November 21, 2012 to a new date of November 28, 2012 at 7 P.M. 6. ADJOURNMENT Commissioner Ford motioned to adjourn. Commissioner Opdycke seconded the motion. The meeting adjourned at 8:34 P.M. The next meeting of the Zoning Committee of the Plan Commission will be Wednesday, November 28, 2012 at 7:00 P.M., in the Lorraine H. Morton Civic Center, 2100 Ridge Avenue. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department 318 of 357 APPROVED Page 1 of 2 Evanston Zoning Committee of the Plan Commission Minutes MEETING MINUTES ZONING COMMITTEE OF THE PLAN COMMISSION Monday, October 1, 2012 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Room 2404 Members Present: Jim Ford, Richard Shure (Chair), Patricia Ledesma Liebana, Stuart Opdycke, Dave Galloway Members Absent: Kwesi Steele, Scott Peters Staff Present: Melissa Klotz Presiding Member: Richard Shure, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Shure called the meeting to order at 7:00 P.M. 2. MINUTES Approval of August 15, 2012 Zoning Committee of the Plan Commission Meeting Minutes: Commissioner Opdycke motioned for approval of the August 15, 2012 meeting minutes. Commissioner Ford seconded the motion. A voice vote was taken and the minutes were approved as written. 3. OLD BUSINESS 4. NEW BUSINESS 5. DISCUSSION A) Consideration of an overlay district in the Howard Ridge TIF Zoning Planner Melissa Klotz explained the imbalance of retail service uses in the Howard Street corridor, and the impact it presents on the economic development of the Howard Ridge TIF. Alderman Rainey added that 7 or 8 of any specific use is too many within a small expanse such as the 400-800 blocks of Howard Street. The commissioners discussed the current businesses on Howard Street, the current economic development issues, the role the TIF plays, and how to encourage the proper type of economic growth in the corridor. 319 of 357 APPROVED Page 2 of 2 Evanston Zoning Committee of the Plan Commission Minutes Commissioner Opdycke suggested establishing an overlay district that follows the entire TIF boundary, and require certain non-retail uses to obtain special use permits. Ms. Klotz suggested staff do an inventory of the businesses in the proposed area, to see if an overlay boundary should follow the TIF boundary or extend further, and to see what uses are most prevalent in the area. Alderman Rainey noted that staff member Sue Guderley may have useful information from when the Howard Ridge TIF was established. Ms. Klotz explained that this discussion would continue at the next Zoning Committee meeting, where it will be a New Business item that has been publicly noticed and motions could be made on. 6. ADJOURNMENT Commissioner Opdycke motioned to adjourn. Commissioner Ford seconded the motion. The meeting adjourned at 8:19 P.M. The next meeting of the Zoning Committee of the Plan Commission will be Wednesday, November 21, 2012 at 7:00 P.M., in the Lorraine H. Morton Civic Center, 2100 Ridge Avenue. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department 320 of 357 808201833819231136720741133735829707807130223333147123739203138230130815821605237234141101205125128134701203131739821820714717800705139719122144812743607230139715131 A629 1/2240240711337120713132824715121125739129732124200803817237116712131319140131148627233751235123810145145555826118811705146719737113239339140607236716127727821738627112809309749335137133725135235135 A232803723635115807145313234135141727627 1/2149623812229709725 1/2623707 C621736621228815623743625733132201120713327613824819146810725131126137127730415727134721814629745233231809115623 1/2140236726729703133 A114127229149619139134126816744241721 1/2525815619133629708641125805241825331740114714811929625739800120747144117203713151143111802226718137733138121122565723144804208823631813717121311150712707 B148141927315721725737729241809721823140136329824724712 A731131703716 A1268178201307411178132018011308311203171328047452255237311242247101367703625609807931823814321137811232227716127233727135123619801803236709816735135132147119130615729815116144715133231146142119136709741833728951142637802222827121209621835107211617721239519128238829611110731707 A117821801822239733143742625 1/2819633719101806141 A631142129HOWARD STBRUMMEL STCASE STDOBSON STCUSTER AVECHICAGO A V E CALLAN AVERIDGE AVECLYDE AVEELMWOOD AVECASE PLLegendBuildingRailroadTax ParcelStreetTIF DistrictTIF District #5Howard StreetThis map is provided "as is" without warranties of any kind.See www.cityofevanston.org/mapdisclaimers.html for more information.TIF5Letter.mxd -- 4/2/20070 100 20050Feet321 of 357 322 of 357 323 of 357 324 of 357 325 of 357 326 of 357 327 of 357 328 of 357 329 of 357 330 of 357 331 of 357 332 of 357 333 of 357 334 of 357 335 of 357 336 of 357 337 of 357 338 of 357 339 of 357 340 of 357 Howard Street TIF Area Uses(by Zoning Ordinance classification)October 201202468101214161820AnimalHospitalAutomobile Repair Service EstablishmentAutomobile ServiceStationConvenienceStoreCulturalFacilityFinancial InstitutionFood Store EstablishmentGovernment InstitutionMedicalOfficeMulti-Family ResidentialOfficeParking LotPawnbrokerReligious InstitutionRestaurant - Type 1Restaurant - Type 2Retail Goods EstablishmentRetail ServiceEstablishmentSingle Family ResidenceVacantZoning Classification UsesFrequency341 of 357 Howard Street TIF Area Uses (in layman's terms)October 2012024681012Animal HospitalArt GalleryAutomobile RetailAutomobile RepairBakeryBankCar RentalChurchClothing & Accessory RetailDental OfficeDoctor'sOfficesDrug StoreDry CleanersGas StationGrocery/Convenience StoreLaundromatOfficePaint RetailParking LotPawn StorePersonal Care RetailPersonal Care ServicePhone StorePolice Outpost StationPost Office/ShippingResidentialRestaurantTax ServicesTheaterVacantUseFrequency342 of 357 To: Honorable Mayor and Members of the City Council Human Services Committee From: Douglas J. Gaynor, Director, Parks, Recreation & Community Services Subject: Resolution 5-R-13 Regarding Payment Plan for Water Bills Owed to the City by Evanston Wilmette Golf Course Association Date: February 25, 2013 Recommended Action: Staff recommends approval of Resolution 5-R-13 regarding the payment of accrued water bills owed to the City by the Evanston Wilmette Golf Course Association (EWGCA) for the Frank Govern Memorial Golf Course. Summary: The EWGCA has been behind in paying their water bills to the City of Evanston on and off for the last several years. Currently, they owe the City $18,453.86. Through an extreme effort by the EWGCA Board, they have been able to develop a business plan that includes re-populating the “Board”, developing subcommittees and creating a 2013 budget that reflects a balanced budget and payment plan to eliminate the debt. Legislative History: At the January 7, 2013 Human Services Committee meeting, the EWGCA Board presented their plan to successfully operate the Golf Course. The Human Services Committee accepted the report and recommended that a payment plan be drafted and sent to the full City Council for consideration. ------------------------------------------------------------------------------------- Attachments: Resolution 5-R-13 EWGCA 2013 Plan Presented to Human Services on January 7, 2013 Memorandum For City Council meeting of February 25, 2013 Item H1 Business of the City by Motion: Evanston-Wilmette Golf Course Assoc. For Action 343 of 357 344 of 357 345 of 357 346 of 357 347 of 357 348 of 357 349 of 357 350 of 357 351 of 357 352 of 357 353 of 357 354 of 357 355 of 357 356 of 357 357 of 357