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Home My WebLink About05.28.13 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Tuesday, May 28, 2013 Administration & Public Works (A&PW) Committee meets at 5:45 p.m. Planning & Development (P&D) Committee meets at 7:15 pm City Council meeting convenes immediately after the conclusion of the P&D Committee meeting ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Fiske (II) Mayor Public Announcements and Proclamations Business Event Day – June 20, 2013 (III) City Manager Public Announcements Fit-Friendly Worksite Gold Achievement Award from American Heart Association to Evanston Health Department Recognition of Adelita Hernandez, Citizen Engagement Coordinator Tree Summit, Saturday, June 22, 2013 (IV) Communications: City Clerk (V) Citizen Comment Members of the public are welcome to speak at City Council meetings. As part of the Council agenda, a period for citizen comments shall be offered at the commencement of each regular Council meeting. Those wishing to speak should sign their name, address and the agenda item or topic to be addressed on a designated participation sheet. If there are five or fewer speakers, fifteen minutes shall be provided for Citizen Comment. If there are more than five speakers, a period of forty-five minutes shall be provided for all comment, and no individual shall speak longer than three minutes. The Mayor will allocate time among the speakers to ensure that Citizen Comment does not exceed forty-five minutes. The business of the City Council shall commence forty-five minutes after the beginning of Citizen Comment. Aldermen do not respond during Citizen Comment. Citizen Comment is intended to foster dialogue in a respectful and civil manner. Citizen comments are requested to be made with these guidelines in mind. (VI) Special Order of Business (VII) Consent Agenda: Alderman Rainey 1 of 441 City Council Agenda May 28, 2013 Page 2 of 9 5/23/2013 5:32 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) Resolution 34-R-13 Honoring Outgoing Township Supervisor Pat Vance City Clerk Rodney Greene recommends adoption of Resolution 34-R-13 acknowledging service of outgoing Evanston Township Supervisor Pat Vance. For Action CONSENT AGENDA ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through 5/5/13 $2,619,382.07 (A2) City of Evanston Bills FY2013 5/29/13 $3,597,201.31 (A3.1) Approval of Single-Source Purchase of Leak Detection Equipment from Fluid Conservation Systems Staff recommends approval of a single-source purchase of water main leak detection equipment from Fluid Conservation Services (502 Technecenter Drive Suite B, Milford, OH) in the amount of $53,060. Funding is provided by the Water Fund, Account 7130.65702, with a FY 2013 budget of $60,000 for the purchase of leak detection equipment. For Action 2 of 441 City Council Agenda May 28, 2013 Page 3 of 9 5/23/2013 5:32 PM (A3.2) Approval of Contract with AVI Systems for New Camera, Mixer and Microphones for the City Council Chambers (Bid 13-33) Staff recommends that City Council authorize the City Manager to execute a contract with AVI Systems (621 Busse Rd., Bensenville, IL) for the purchase and installation of new video cameras, mixer and microphones in the amount of $43,167. Funding is provided by the PEG dedicated funds Account 1510.52181 from FY 2012 & 13. For Action (A3.3) Approval of Sole Source Purchase of Flashback 2 Video Recording System for Patrol Squad Cars from L3 Mobile-Vision, Inc. Staff recommends approval for the sole source purchase of twenty (20) Flashback 2 in-car video recording systems from L3 Mobile-Vision, Inc. (90 Fanny Rd., Boonton, NJ) in the amount of $50,100. Funding is provided by Patrol Operations Minor Equipment Account 2210.65085, with a total FY2013 budget of $52,290. For Action (A3.4) Approval of Renewal Agreement with Open Kitchens Inc. for the 2013 Summer Food Service Program (Bid 11-01) Staff recommends that City Council approve the renewal agreement for the 2013 Summer Food Service Program with Open Kitchens Inc. (1161 West 21st Street, Chicago, IL) in the not-to-exceed amount of $2.446 per lunch. Estimated total value of the food costs for the program are $86,500 . Overall budgeted expenses for the 2013 program are $115,092 which includes staffing seasonal salaries, Social Security, Medicare, advertising, program supplies, sanitation fees, health inspections and food costs. The estimated revenue is $103,000 to be reimbursed through the Federal Government program to revenue account 3050.53565. For Action (A3.5) Approval of Contract Award to Construction Consulting & Disbursement Services, Inc. for the 2013 Ecology Center Greenhouse Addition Project, (Bid 13-16) Staff recommends that City Council authorize the City Manager to execute a contract for the base bid for the 2013 Ecology Center Greenhouse Addition Project with Construction Consulting & Disbursement Services, Inc. (900 Skokie Boulevard, Suite 100, Northbrook, IL) in the amount of $ 175,000. Funding is provided by FY2013 Capital Improvement Program (CIP) Account No. 415688 in the amount of $115,000.00 and the FY2013 CIP Amendment of $71,988 for a total allocation of $186,988. For Action 3 of 441 City Council Agenda May 28, 2013 Page 4 of 9 5/23/2013 5:32 PM (A3.6) Approval of Professional Consulting Services Contract with McGuire Igleski & Associates, Inc. for the 2013 Fire Station #2 Renovation Project (RFP 13-13) Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 Fire Station #2 Renovation Project to McGuire Igleski & Associates, Inc. (1330 Sherman Avenue, Evanston, IL) at a total cost of $22,527. Funding is provided by FY2013 CIP Amendment Account #415827 with a budget of $53,000. For Action (A3.7) Approval of Participation in a Joint Contract for Pavement Marking Staff recommends City Council approval to participate in a contract extension through the Suburban Purchasing Cooperative (SPC) for pavement marking services to apply thermoplastic marking materials at various locations throughout the City in support of the pedestrian safety program. Participation in this contract would not exceed $75,000. Funding is provided by the Capital Improvement Fund Account 415937.65515, which has $275,000 budgeted for signage and pavement striping for pedestrian safety. For Action (A3.8) Approval of Contract with Havey Communications for Emergency Lighting & Sirens (Bid 13-15) Staff recommends City Council authorize the City Manager to execute a one (1) year contract with three (3) one (1) year renewals with Havey Communications Inc. (28835 Herky Drive # 117, Lake Bluff, IL) for the purchase of emergency lighting, sirens and after-market products and services in the amount of $68,973.60. Funding is provided by the Equipment Replacement Fund 7780.65550 ($34,486.80) and the Fleet Maintenance Fund 7710.65060 ($34,486.80). For Action (A3.9) Approval of Eight (8) Vehicle Replacement Purchase for Evanston Police Department from Currie Motors Staff recommends City Council approval for the purchase of eight (8) replacement vehicles/units for the Evanston Police Department in the amount of $222,273.98 from Currie Motors (9423 W. Lincoln Highway, Frankfort, IL), which is the Northwest Municipal Conference Suburban Purchasing Cooperative Competitive Bid (SPC) winner. Funding is provided by the Equipment Replacement Fund (7780.65550), and represents 12.5% of FY2013 budget for replacement vehicles and equipment. For Action 4 of 441 City Council Agenda May 28, 2013 Page 5 of 9 5/23/2013 5:32 PM (A3.10)Contract Extension with Golf Mill Ford Inc. for Ford Original Equipment Manufacturer (OEM) Parts (Bid 12-118) Staff recommends City Council approval of a one-year contract extension for the purchase of Ford Original Equipment Manufacturer (OEM) parts in the amount of $75,000 to Golf Mill Ford Inc. (9401 N. Milwaukee Avenue, Niles, IL). Funding is provided by the Major Maintenance, Materials to Maintain Autos Account, 7710.65060. For Action (A3.11)Approval of Contract Award for 2013 Water Main Replacement & Street Resurfacing CIP Project One (Bid 13-40) Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 Water Main Replacement & Street Resurfacing CIP Project One with Glenbrook Excavating & Contracting Inc. (20389 Weiland Road, Prairie View, IL) in the amount of $1,998,898.26. Funding is provided by the Water Fund $1,328,251.29 (733086.65515); Sewer Fund $92,247.54 (7420.65515); and CIP Street Resurfacing Fund $578,399.43 (415857.65515). For Action (A3.12)Approval of Single Source Contract with Schaefer Consulting for Data Conversion Services Staff recommends City Council authorize the City Manager to execute a single- source contract for data conversion service with Schaefer Consulting (34179 Golden Lantern #105, Dana Point, CA) in the amount of $36,000. Funding is included as a part of the total funding cost for the New World System under the contingency for “additional implementation services above the m inimum proposed by New World Systems.” Funding will also be provided through salary savings from the retirement of the Database Administrator position. For Action (A4) Approval of Approval of Change Order No. 1 for Utility Billing Print and Mailing Services (Bid 10-32) Staff recommends that the City Council authorize the City Manager to execute Change Order No. 1 to the agreement with Third Millennium Associates, Inc. (4200 Cantera Drive, Suite 105, Warrenville, IL), for the Utility Billing Print and Mailing Services (Bid 10-32), increasing the amount of the contract by $5,000 and extending the contract completion date by 62 days. Funding is provided by the Water Fund Account 7125.62455 in the amount of $3,000, and by the Sewer Fund Account 7400.62455 in the amount of $2,000. For Action (A5) Approval for Acceptance of the Tiny House Donation Staff recommends that the City Manager be authorized to execute an agreement with Northwestern University to accept the donation of the Tiny House for educational purposes. For Action 5 of 441 City Council Agenda May 28, 2013 Page 6 of 9 5/23/2013 5:32 PM (A6) Resolution 30-R-13, Appointing Directors to the Solid Waste Agency of Northern Cook County (SWANCC) Staff requests adoption of Resolution 30-R-13 appointing the City of Evanston’s 2013-2015 Director and Alternate Director to SWANCC. For Action (A7) Resolution 35-R-13, Authorizing the Mayor to Execute a Highway Authority Agreement and Addendum with Ventura Realty, Ltd. Staff recommends approval of Resolution 35-R-13 authorizing the Mayor of the City of Evanston to execute a Highway Authority Agreement and an Addendum thereto with Ventura Realty, Ltd. For Action (A8) Ordinance 42-O-13; Authorizing Sale of Surplus Property Staff recommends that City Council authorize the City Manager to publicly offer for sale various vehicles and equipment owned by the city through public auction based on Ordinance 42-O-13 through Manheim Auction Service (550 S. Bolingbrook Drive, Bolingbrook, IL). The vehicles are presently out of service. This ordinance was introduced at the May 13, 2013 City Council meeting For Action PLANNING AND DEVELOPMENT (P1) 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 to Community Partners for Affordable Housing (CPAH) for the acquisition and rehabilitation of two housing units for rental that is affordable for households whose incomes do not exceed 60% of the area median income. Funding is provided by the HOME fund, which currently has a balance of approximately $640,000 in HOME entitlement funds. For Action (P2) Ordinance 36-O-13 Amending the Zoning Ordinance to Rezone 1715 Church Street, 1703 Darrow Avenue and 1711 Darrow Avenue from I2 to MXE The Plan Commission and City staff recommend approval of Ordinance 36-O-13, a map amendment to rezone the property commonly known as 1715 Church Street & 1703 Darrow Avenue (PIN 10-13-221-019) and 1711 Darrow Avenue (PIN 10-13-221-018) from the I2 General Industrial District to the MXE Mixed Use Employment District. For Introduction 6 of 441 City Council Agenda May 28, 2013 Page 7 of 9 5/23/2013 5:32 PM (P3) Ordinance 37-O-13 Amending the Zoning Ordinance to Rezone 2153, 2143 & 2145 Ashland Avenue, 1515 & 1523 Payne Street, and 2150 & 2156 Green Bay Road from C2 to MXE The Plan Commission and City staff recommend approval of Ordinance 37-O-13, a map amendment to rezone the properties commonly known as 2153 Ashland Avenue (PIN 10-12-416-006); 2143 & 2145 Ashland Avenue (PIN 10-12-416- 008); 1523 Payne Street (PIN 10-12-416-009); 1515 Payne Street (PIN 10-12- 416-010); 2150 Green Bay Road, (PIN 10-12-416-016 & 10-12-416-017); and 2156 Green Bay Road (PIN 10-12-416-011, 10-12-416-012, 10-12-416-018, 10- 12-416-015) from the C2 Commercial District to the MXE Mixed Use Employment District. For Introduction (P4) Ordinance 53-O-13 Granting a Special Use for a Resale Establishment at 1104 Davis Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 53-O-13 granting a special use permit for a Resale Establishment for office furniture at 1104 Davis Street called Not Fade Away. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. For Introduction (P5) Ordinance 50-O-13; Amending Various Portions of the City Code in order to Regulate Vacation Rentals as a Type of B&B Establishment Staff requests consideration of Ordinance 50-O-13, which would regulate vacation rentals as a subset of B&B establishments. Consequently, any vacation rental could operate only pursuant to a Special Use permit issued by the City Council after recommendation from the ZBA. This ordinance was introduced at the May 13, 2013 City Council meeting and returned to Planning and Development Committee for further amendment. For Action (P6) Ordinance 46-O-13; Amending the Zoning Ordinance to Allow Yard Waste Transfer Facilities as Special Uses in the I3 District. The Plan Commission and City staff recommend approval of proposed Ordinance 46-O-13 amending the Zoning Ordinance to allow yard waste transfer facilities as special uses in the I3 General Industrial District. The P&D Committee held Ordinance 46-O-13 in committee at its meeting of April 22, 2013, at the request of 9th Ward Alderman Coleen Burrus. This ordinance was introduced at the May 13, 2013 City Council meeting For Action 7 of 441 City Council Agenda May 28, 2013 Page 8 of 9 5/23/2013 5:32 PM (P7) Ordinance 47-O-13; Amending the Zoning Ordinance to Allow Commercial Indoor Recreation as a Special Use in the I2 District Staff recommends approval of ordinance 47-O-13 as amended and introduced by City Council on April 22, 2013. The ordinance as amended retains the term “Commercial” in the zoning use and definition for “Commercial Indoor Recreation,” as currently defined in Section 6-18-3 of the Zoning Ordinance. At the May 13, 2013 City Council meeting this agenda item was held for the May 20, 2013 meeting. On May 20, 2013 this ordinance was continued to the May 28, 2013 meeting. For Action HUMAN SERVICES (H1) Resolution 27-R-13; Authorizing the City to Establish a Moratorium on the Use of Unregulated Drone Technology On May 6, 2013, the Human Services Committee unanimously recommended approval of Resolution 27-R-13. This resolution was held at the May 13, 2013 City Council meeting. For Action APPOINTMENTS (APP1)For Appointment to: Library Board Patel Vaishali MEETINGS SCHEDULED THROUGH JUNE 2013 Upcoming Aldermanic Committee Meetings Mon, June 3 6 pm Rules Committee Mon, June 3 7:30 pm Human Services Committee Mon, June 10 5:45 pm A&PW, P&D, City Council meetings Wed, June 12 7 pm NU-City Committee Mon, June 17 7 pm City Council meeting Tues, June 18 7:30 pm Housing & Community Dev Act Committee Wed, June 19 6 pm MWEBE Advisory Committee Mon, June 24 5:45 pm A&PW, P&D, City Council meetings Wed, June 26 6 pm Transportation/Parking Committee Wed, June 26 7:30 pm Economic Development Committee Friday, June 28 7 am Housing & Homelessness Commission 8 of 441 City Council Agenda May 28, 2013 Page 9 of 9 5/23/2013 5:32 PM 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. 9 of 441 For City Council meeting of May 28, 2013 ItemSP1 Resolution 34-R-13: Outgoing Township Supervisor Pat Vance For Action To: Honorable Mayor and Members of the City Council From: Rodney Greene, City Clerk Subject: Resolution 34-R-13, Upon the Occasion of the Outgoing Township Supervisor, Pat Vance Date: May 16, 2013 Recommended Action: City Clerk Rodney Greene recommends adoption of Resolution 34-R-13 acknowledging service of outgoing Evanston Township Supervisor Pat Vance. ------------------------------------------------------------------------------------- Attachments: Resolution 34-R-13 Memorandum 10 of 441 05/16/2013 34-R-13 A RESOLUTION Upon the Occasion of the Outgoing Township Supervisor, Pat Vance WHEREAS, Pat Vance has served the Township of Evanston for 12 years as its Supervisor and serving the community with integrity; WHEREAS, during her tenure as Supervisor she assumed the responsibility of the “Emergency Assistance Program” in 2003, as well as funding the following organizations; Childcare Network of Evanston, James B. Moran Center/Comm. Deaf, Housing Options, Evanston Northshore YWCA, Connections for the Homeless, Infant Welfare Society, North Shore Senior Services, Metropolitan Family Services, Family Focus, Y.O.U., Shore Community Services, Peers, and Triology, and has served the citizens under her watch in the Township with integrity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS AND THE TOWNSHIP BOARD OF THE TOWN OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The Township Board of the Town of Evanston on behalf of itself, the Mayor, City/Township Clerk, City Officials and the residents of 11 of 441 34-R-13 ~2~ this community, do hereby express great appreciation to Supervisor Pat Vance for her service to the Town of Evanston. SECTION 2: That this resolution be made a part of the permanent records of the Town of Evanston and that a copy, executed by the Mayor and attested by the City/Township Clerk, and be sent to said Pat Vance. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2013 12 of 441 Page 1 of 5 Rev. 5/23/2013 5:28:23 PM ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, May 28, 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 May 13, 2013 III. WINNERS OF DRINKING WATER WEEK ART CONTEST IV. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 5/5/13 $2,619,382.07 (A2) City of Evanston Bills FY2013 5/29/13 $3,597,201.31 (A3.1) Approval of Single-Source Purchase of Leak Detection Equipment from Fluid Conservation Systems Staff recommends approval of a single-source purchase of water main leak detection equipment from Fluid Conservation Services (502 Technecenter Drive Suite B, Milford, OH) in the amount of $53,060. Funding is provided by the Water Fund, Account 7130.65702, with a FY 2013 budget of $60,000 for the purchase of leak detection equipment. For Action (A3.2) Approval of Contract with AVI Systems for New Camera, Mixer and Microphones for the City Council Chambers (Bid 13-33) Staff recommends that City Council authorize the City Manager to execute a contract with AVI Systems (621 Busse Rd., Bensenville, IL) for the purchase and installation of new video cameras, mixer and microphones in the amount of $43,167. Funding is provided by the PEG dedicated funds Account 1510.52181 from FY 2012 & 13. For Action 13 of 441 Page 2 of 5 Rev. 5/23/2013 5:28:23 PM (A3.3) Approval of Sole Source Purchase of Flashback 2 Video Recording System for Patrol Squad Cars from L3 Mobile-Vision, Inc. Staff recommends approval for the sole source purchase of twenty (20) Flashback 2 in-car video recording systems from L3 Mobile-Vision, Inc. (90 Fanny Rd., Boonton, NJ) in the amount of $50,100. Funding is provided by Patrol Operations Minor Equipment Account 2210.65085, with a total FY2013 budget of $52,290. For Action (A3.4) Approval of Renewal Agreement with Open Kitchens Inc. for the 2013 Summer Food Service Program (Bid 11-01) Staff recommends that City Council approve the renewal agreement for the 2013 Summer Food Service Program with Open Kitchens Inc. (1161 West 21st Street, Chicago, IL) in the not-to-exceed amount of $2.446 per lunch. Estimated total value of the food costs for the program are $86,500 . Overall budgeted expenses for the 2013 program are $115,092 which includes staffing seasonal salaries, Social Security, Medicare, advertising, program supplies, sanitation fees, health inspections and food costs. The estimated revenue is $103,000 to be reimbursed through the Federal Government program to revenue account 3050.53565. For Action (A3.5) Approval of Contract Award to Construction Consulting & Disbursement Services, Inc. for the 2013 Ecology Center Greenhouse Addition Project, (Bid 13-16) Staff recommends that City Council authorize the City Manager to execute a contract for the base bid for the 2013 Ecology Center Greenhouse Addition Project with Construction Consulting & Disbursement Services, Inc. (900 Skokie Boulevard, Suite 100, Northbrook, IL) in the amount of $ 175,000. Funding is provided by FY2013 Capital Improvement Program (CIP) Account No. 415688 in the amount of $115,000.00 and the FY2013 CIP Amendment of $71,988 for a total allocation of $186,988. For Action (A3.6) Approval of Professional Consulting Services Contract with McGuire Igleski & Associates, Inc. for the 2013 Fire Station #2 Renovation Project (RFP 13-13) Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 Fire Station #2 Renovation Project to McGuire Igleski & Associates, Inc. (1330 Sherman Avenue, Evanston, IL) at a total cost of $22,527. Funding is provided by FY2013 CIP Amendment Account #415827 with a budget of $53,000. For Action 14 of 441 Page 3 of 5 Rev. 5/23/2013 5:28:23 PM (A3.7) Approval of Participation in a Joint Contract for Pavement Marking Staff recommends City Council approval to participate in a contract extension through the Suburban Purchasing Cooperative (SPC) for pavement marking services to apply thermoplastic marking materials at various locations throughout the City in support of the pedestrian safety program. Participation in this contract would not exceed $75,000. Funding is provided by the Capital Improvement Fund Account 415937.65515, which has $275,000 budgeted for signage and pavement striping for pedestrian safety. For Action (A3.8) Approval of Contract with Havey Communications for Emergency Lighting & Sirens (Bid 13-15) Staff recommends City Council authorize the City Manager to execute a one (1) year contract with three (3) one (1) year renewals with Havey Communications Inc. (28835 Herky Drive # 117, Lake Bluff, IL) for the purchase of emergency lighting, sirens and after-market products and services in the amount of $68,973.60. Funding is provided by the Equipment Replacement Fund 7780.65550 ($34,486.80) and the Fleet Maintenance Fund 7710.65060 ($34,486.80). For Action (A3.9) Approval of Eight (8) Vehicle Replacement Purchase for Evanston Police Department from Currie Motors Staff recommends City Council approval for the purchase of eight (8) replacement vehicles/units for the Evanston Police Department in the amount of $222,273.98 from Currie Motors (9423 W. Lincoln Highway, Frankfort, IL), which is the Northwest Municipal Conference Suburban Purchasing Cooperative Competitive Bid (SPC) winner. Funding is provided by the Equipment Replacement Fund (7780.65550), and represents 12.5% of FY2013 budget for replacement vehicles and equipment. For Action (A3.10)Contract Extension with Golf Mill Ford Inc. for Ford Original Equipment Manufacturer (OEM) Parts (Bid 12-118) Staff recommends City Council approval of a one-year contract extension for the purchase of Ford Original Equipment Manufacturer (OEM) parts in the amount of $75,000 to Golf Mill Ford Inc. (9401 N. Milwaukee Avenue, Niles, IL). Funding is provided by the Major Maintenance, Materials to Maintain Autos Account, 7710.65060. For Action 15 of 441 Page 4 of 5 Rev. 5/23/2013 5:28:23 PM (A3.11)Approval of Contract Award for 2013 Water Main Replacement & Street Resurfacing CIP Project One (Bid 13-40) Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 Water Main Replacement & Street Resurfacing CIP Project One with Glenbrook Excavating & Contracting Inc. (20389 Weiland Road, Prairie View, IL) in the amount of $1,998,898.26. Funding is provided by the Water Fund $1,328,251.29 (733086.65515); Sewer Fund $92,247.54 (7420.65515); and CIP Street Resurfacing Fund $578,399.43 (415857.65515). For Action (A3.12)Approval of Single Source Contract with Schaefer Consulting for Data Conversion Services Staff recommends City Council authorize the City Manager to execute a single- source contract for data conversion service with Schaefer Consulting (34179 Golden Lantern #105, Dana Point, CA) in the amount of $36,000. Funding is included as a part of the total funding cost for the New World System under the contingency for “additional implementation services above the m inimum proposed by New World Systems.” Funding will also be provided through salary savings from the retirement of the Database Administrator position. For Action (A4) Approval of Approval of Change Order No. 1 for Utility Billing Print and Mailing Services (Bid 10-32) Staff recommends that the City Council authorize the City Manager to execute Change Order No. 1 to the agreement with Third Millennium Associates, Inc. (4200 Cantera Drive, Suite 105, Warrenville, IL), for the Utility Billing Print and Mailing Services (Bid 10-32), increasing the amount of the contract by $5,000 and extending the contract completion date by 62 days. Funding is provided by the Water Fund Account 7125.62455 in the amount of $3,000, and by the Sewer Fund Account 7400.62455 in the amount of $2,000. For Action (A5) Approval for Acceptance of the Tiny House Donation Staff recommends that the City Manager be authorized to execute an agreement with Northwestern University to accept the donation of the Tiny House for educational purposes. For Action (A6) Resolution 30-R-13, Appointing Directors to the Solid Waste Agency of Northern Cook County (SWANCC) Staff requests adoption of Resolution 30-R-13 appointing the City of Evanston’s 2013-2015 Director and Alternate Director to SWANCC. For Action 16 of 441 Page 5 of 5 Rev. 5/23/2013 5:28:23 PM (A7) Resolution 35-R-13, Authorizing the Mayor to Execute a Highway Authority Agreement and Addendum with Ventura Realty, Ltd. Staff recommends approval of Resolution 35-R-13 authorizing the Mayor of the City of Evanston to execute a Highway Authority Agreement and an Addendum thereto with Ventura Realty, Ltd. For Action V. ITEMS FOR DISCUSSION VI. COMMUNICATIONS VII. ADJOURNMENT 17 of 441 Administration and Public Works Committee Meeting Minutes of May 13, 2013 City Council Chambers – 6:30 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: P. Braithwaite, C. Burrus, J. Grover, D. Holmes, A. Rainey STAFF PRESENT: W. Bobkiewicz, P. D’Agostino, G. Farrar, L. Gergits, L. Jeschke, Chief Klaiber, S. Levine, M. Lyons, J. Maiworm, J. McRae, S. Nagar, B. Newman, H. Pirooz, A. Porter, S. Robinson, D. Stoneback, R. Voss PRESIDING OFFICIAL: Ald. Grover I. DECLARATION OF QUORUM A quorum being present, Chair Grover called the meeting to order at 7:10 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF APRIL 22, 2013 Ald. Burrus moved approval of the minutes of the April 22, 2013 A&PW meeting, seconded by Ald. Braithwaite. The minutes of the April 22, 2013 A&PW meeting were approved unanimously 5-0. III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 4/21/13 $2,864,245.29 Ald. Burrus moved to approve the payroll, seconded by Ald. Rainey. The Committee voted 5-0 unanimously to approve the payroll. (A2) City of Evanston Bills FY2013 5/14/13 $4,433,738.05 Credit Card Activity for Period End March 31, 2013 $ 123,085.43 Ald. Holmes moved to approve the bills list and credit card activity, seconded by Ald. Braithwaite. The Committee voted 5-0 unanimously to approve the bills list and credit card activity. (A3.1) Approval of Contract with Municipal Sales for 2013 Root Treatment of Sewer Mains (Bid 13-23) Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 Root Treatment of Sewer Mains (Bid 13-23) with Municipal DRAFT – NOT APPROVED 18 of 441 Administration and Public Works Committee Meeting Minutes of 5-13-13 Page 2 of 7 Sales (P.O. Box 4743, Queensbury, NY) in the amount of $44,018.95. Funding is provided by the Sewer Fund, Account 7400.62461, which has an allocation of $215,000 for this type of work. For Action Ald. Burrus moved approval, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to recommend approval of the contract. (A3.2) Approval of Contract with Swanson Flo for Pump Control Valves (Bid 13-28) Staff recommends that City Council authorize the City Manager to execute a contract for the purchase of Pump Control Valves (Bid 13-28) with Swanson Flo (151 Cheshire Lane, Plymouth, MN) in the amount of $43,046. Funding is provided by the Water Fund, Account 7130.65702, which has an allocation of $152,500 for capital outlay projects. For Action Ald. Burrus moved approval, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to recommend approval of the contract. (A3.3) Approval of Contract with Chicagoland Paving for 2013 MFT Street Resurfacing Project (Bid 13-31) Staff recommends that City Council authorize the City Manager to execute a contract awarding the 2013 MFT Street Resurfacing Contract (Bid 13-31) to Chicagoland Paving (225 Telser Road, Lake Zurich, IL 60047) in the amount of $1,059,900. Funding is provided from the Motor Fuel Tax Funds with an approved 2013 budgeted amount of $1,400,000. For Action Ald. Burrus moved approval, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to recommend approval of the contract. (A3.4) Approval of Contract with Bolder Contractors Inc. for Davis Street Water Main & Sewer Replacement Project (Bid 13-36) Staff recommends that City Council authorize the City Manager to execute a contract for the Davis Street Water Main & Sewer Replacement Project (Bid 13-36) with Bolder Contractors Inc. (440 Lake Cook Road, Deerfield, IL) in the amount of $2,648,200. Funding is provided by the Washington National TIF Fund in the amount of $1,025,000; the Water Fund $170,000 (733086.65515); and the Metropolitan Water Reclamation District Fund for Sewer Replacement $822,497.50. $630,702.50 is to be funded by the Water Fund through the City’s 2013 Bond sale. For Action Ald. Rainey moved approval, seconded by Ald. Burrus. 19 of 441 Administration and Public Works Committee Meeting Minutes of 5-13-13 Page 3 of 7 The Committee voted unanimously 5-0 to recommend approval of the contract. (A3.5) Approval of Contract with Chicagoland Paving for Parking Lot Improvement Project at Central Street and Stewart Avenue (Bid 13-37) Staff recommends that City Council authorize the City Manager to execute a contract for the Central Street & Stewart Avenue parking lot rehabilitation project (Bid 13-37) with Chicagoland Paving (225 Telser Road, Lake Zurich, IL) in the amount of $419,900. Funding is provided from the Parking Fund, with a budget allocation of $540,000. For Action Ald. Burrus moved approval, seconded by Ald. Holmes. Ald. Rainey said a resident asked her to consider the need for covered bike racks that would cost the City $20,000. Suzette Robinson, Director of Public Works, explained that the location of the proposed bike racks is Stewart and Central Streets in the little square on the corner outside of garden area and it would provide shelter for 12 bike racks for 24 bike parking spaces. Ald. Burrus said, with such a great need for bike racks, City Council previously decided to put more racks throughout the City rather than spending extra money on covered racks. Ms. Robinson said Church Street included a covered rack as well as Davis Street, but the one on Church Street was not installed because it would block the sign for Andy’s Frozen Yogurt and was relocated to the library. Ald. Burrus said she is not sure she is in support of this and asked the difference in cost between a covered and non-covered bike rack, to which Ms. Robinson said she would get back to her with the difference. Ms. Robinson said she had gotten approval to do a pilot and wanted to pursue it. She said a shelter was recommended on a metered space at Clark and Sherman but it was a matter of bikes taking up metered spaces. The proposed shelter at Stewart and Central is proposed to be the first one at a parking area with permeable sidewalks, a car charging station and other green components. Chair Grover commented that the City encourages people to use bikes for transportation but unfortunately, Central Street is not wide enough to accommodate a bike lane. Ald. Rainey said she is changing her mind because it is Ald. Grover’s special bike shelter and it is really a test, suggesting that the Committee visit it from time to time. She said bike racks are important and shelters are nice. 20 of 441 Administration and Public Works Committee Meeting Minutes of 5-13-13 Page 4 of 7 Chair Grover said she wanted to do sustainability features in this parking lot to support the traffic in the business area. Ald. Holmes noted that each location is different and sometimes additional information is needed to understand the needs of the community and to convey to the person or business requesting them the factors involved. She said to be sure to talk to the person who requested it. Ald. Burrus agreed that it is a good idea to talk to her because she has had many great ideas that have been thwarted. Ms. Robinson said she will be removing a metered parking space. Wally Bobkiewicz, City Manager, said he would like to come back to the question of corrals and cost sharing and that a policy from Council is needed because he is not sure whether staff is in power to remove parking spaces at the request of any business. He said the City is bike-friendly, but the budget is not keeping up with it. At the end of May or beginning of June, he will come back with bike issues to get some policy direction. Chair Grover noted that the parking lot will have entrance and exit on Stewart and no longer on Central Street. The Committee voted unanimously 5-0 to recommend approval of the contract. (A3.6) Approval of Vehicle Purchase for Evanston Police Department from Golf Mill Ford Staff recommends City Council approval for the purchase of one (1) replacement vehicle (Ford Expedition) for the Evanston Police Department in the total amount of $35,018 from Golf Mill Ford (9401 N. Milwaukee Avenue, Niles, IL). Funding is provided by the Fleet Vehicle Replacement Fund (Account 7780.65550). For Action Ald. Burrus moved approval, seconded by Ald. Holmes. Chair Grover noted that the vehicle is being purchased at a special price. The Committee voted unanimously 5-0 to recommend approval of the purchase. (A3.7) Approval of Contract Award to G.A. Johnson & Son for the 2013 Noyes Cultural Arts Center Chimney & Roof Repair Project (Bid 13-02) Staff recommends that City Council authorize the City Manager to execute a contract for the base bid plus alternates 1, 3 and 7 for the 2013 Noyes Cultural Arts Center Chimney & Roof Repair Project with G.A. Johnson & Son (828 Foster Street, Evanston, IL) in the amount of $1,073,660. Funding is provided by: 1) $70,000 from the FY 2013 CIP Fund Account No. 415663; 2) $750,000 from a State of Illinois DCEO Grant; and 3) $434,000 from proposed FY2013 CIP Amendment. Total 2013 budget allocation is $1,254,000. For Action 21 of 441 Administration and Public Works Committee Meeting Minutes of 5-13-13 Page 5 of 7 Ald. Burrus moved approval, seconded by Ald. Rainey. Chair Grover called the public who wished to speak to the podium. Junad Rizke of 2789 Sheridan said the Piven Theater was going to get free rent. He suggested getting in-kind services rather than taking money out of the capital improvement fund, since the City is not collecting rent from Piven. He asked whether the job has gone through the bidding process. He said $60,000 is important and the City should not let it go away. Chair Grover said the roof needs to be replaced anyway. Mr. Rizke asked whether it is a case similar to the reconstructed theater on Howard and whether a local contractor would have gotten a 5% advantage. Ald. Rainey said there had been a pre-bid meeting attended by approximately 25 contractors for the theater project. When they found out there was a 5% advantage for Evanston contractors, many left. The 5% advantage didn’t work out for Johnson and another firm got the bid. She said the advantage system has a chilling effect on bigger projects over $75,000 - $100,000 and suggested that instead of giving a 5% advantage, the City should require a minimum number of trainees on projects. She said Johnson won this one because they were the only one there. Paul D’Agostino, Director of Parks, Recreation and Community Services, said there was no local preference given in the bid process for this project at 2013 Noyes because the City is using State of Illinois DCEO grant funds. Ald. Rainey said she is not criticizing this but it did remind her of the other issue. Wally noted to Ald. Rainey that he had just been reminded by Joe McRae, Deputy City Manager, that this issue is before the MWEBE Committee and they are preparing a report for this discussion. Marty Lyons, Assistant City Manager/Treasurer said the City has been working on simpler forms to encourage more contractors to come to bid. The Committee voted unanimously 5-0 to recommend approval of the contract. (A3.8) Approval of Contract Award to Quality Restorations, Inc. for the 2013 Sherman Plaza Garage Façade Repairs (Bid 13-17) Staff recommends that City Council authorize the City Manager to execute a contract for the base bid plus Alternate 1 for the 2013 Sherman Plaza Garage Façade Repairs with Quality Restorations, Inc. (356 Tioga Trail, Wood Dale, IL) in the amount of $ 274,100.00. Funding is provided by: 1) $200,000 from the FY2013 Parking Fund Account No. 700506; and 2) $117,300 from FY 2013 Parking Fund Account No. 7036.65515. Total Budget allocation is $317,300. For Action Ald. Burrus moved approval, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to recommend approval of the contract. 22 of 441 Administration and Public Works Committee Meeting Minutes of 5-13-13 Page 6 of 7 (A3.9) Approval of Contract with Citywide Elevator Inspection Services, Inc. for City of Evanston-Elevator Inspection Program (RFP 13-11) Staff recommends that City Council authorize the City Manager to execute a contract for elevator inspection and plan review services with Citywide Elevator Inspection Services (7144 N. Harlem Ave. Suite 303, Chicago, IL). The contract term will be for a period of three years from the commencement date. After the initial term, there shall be two (2) options to renew for one (1) additional year. The FY 2013 cost of the proposed contract will be assessed on a per-unit basis and is estimated to be approximately $44,496 for a total of 824 inspections. For Action Mr. Lyons stated that staff requested that this item be pulled from the agenda so the information that had been used to prepare the contract could be updated with new information that had just been received by staff. He said staff needs at least 2 weeks to be sure the change is a productive one. In the meantime, the City will continue service with the current contractor. Chair Grover stated that the item had been pulled. (A4) Approval of Post Debt Issuance Procedures Manual Staff recommends that City Council approve a Post Debt Issuance Manual for use in the administration of the City’s debt portfolio. The Manual is recommended by the City’s Bond Counsel, Chapman and Cutler. It is also favorably viewed by bond ratings agencies. The Manual covers the procedures and actions the City needs to take each year to maintain the tax exempt status of City debt. For Action Ald. Burrus moved approval, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to recommend approval of the manual. (A5) Resolution 32-R-13; Regarding Howard Hartrey TIF District Surplus Staff recommends that City Council approve Resolution 32-R-13 declaring a surplus of $1.0M from the Howard Hartrey Tax Increment Financing (TIF) District at the end of Fiscal Year 2012. For Action Ald. Rainey moved approval, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to recommend approval of Resolution 32-R-13. (A6) Ordinance 42-O-13; Authorizing Sale of Surplus Property Staff recommends that City Council authorize the City Manager to publicly offer for sale various vehicles and equipment owned by the city through public auction based on Ordinance 42-O-13 through Manheim Auction Service (550 S. Bolingbrook Drive, Bolingbrook, IL). The vehicles are presently out of service. 23 of 441 Administration and Public Works Committee Meeting Minutes of 5-13-13 Page 7 of 7 For Introduction Ald. Burrus moved approval, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to recommend introduction of Ordinance 42-O-13. V. ITEMS FOR DISCUSSION There were no items for discussion. VI. COMMUNICATIONS There were no communications. VII. ADJOURNMENT Ald. Burrus moved to adjourn, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to adjourn. The meeting was adjourned at 7:42 p.m. Respectfully submitted, Bobbie Newman 24 of 441 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: May 23, 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 – April 22, 2013 through May 05, 2013 $2,619,382.07 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – May 29, 2013 $3,597,201.31 General Fund Amount – Bills list $402,682.77 General Fund Amount – Advanced * $ 4,824.00 General Fund Amount – Supplemental list $ 531.00 General Fund Total: $408,037.77 *Advanced checks are issued prior to submission of the Bills List to the City Council for emergency purposes, to avoid penalty, or to take advantage of early payment discounts. Attachments: Bills Lists For City Council meeting of May 28, 2013 Items A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 25 of 441 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/29/13PERIOD ENDING 00100 GENERAL ACCOUNT 100 GENERAL FUND ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 100.21680 CHICAGO TRANSIT AUTHORITY *CHICAGO CARD PLUS 1,090.00 100.13040 ILLINOIS PAPER COMPANY COPY PAPER 2013 CIVIC CENTER 2,808.00 100.22725 VERIZON WIRELESS (25505)WIRELESS SERVICE 651.43 100.41420 CITY OF EVANSTON - PETTY CASH *NET OPERATING COSTS 2,500.00 100.12180 THE NOVAK CONSULTING GROUP, INC PROFESSIONAL SERVICES 6,986.00 14,035.43 1300 CITY COUNCIL 1300.62285 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 99.14 1300.65025 IDA MOLLENHAUER CATERING COUNCIL INAUGURATION 345.00 1300.62210 ALLEGRA PRINT & IMAGING INAUGURATION INVITATIONS 63.50 507.64 1400 CITY CLERK 1400.62457 MUNICODE SUPPLEMENT PAGES 3,710.88 3,710.88 1505 CITY MANAGER 1505.65095 OFFICE DEPOT OFFICE SUPPLIES FY13 214.24 1505.62295 CHICAGO LATIN FITNESS *YOGA INSTRUCTION 900.00 1505.62295 NORTHWEST MUNICIPAL CONFERENCE LEGISTLATIVE DAYS 25.00 1,139.24 1510 PUBLIC INFORMATION 1510.65095 OFFICE DEPOT OFFICE SUPPLIES FY13 43.71 1510.62506 NORTHWESTERN UNIVERSITY FEDERAL WORK STUDY PROGRAM 1,078.58 1510.62665 EVANSTON COMMUNITY TV GRANT JAN-MAR 2013 16,666.64 17,788.93 1705 LEGAL ADMINISTRATION 1705.62295 WHITTINGTON, THERESA L REIMB. RECORD INFO. TRAINING 64.16 1705.65010 WEST GROUP PAYMENT CTR INFORMATION CHARGES 1,445.91 1705.65095 OFFICE DEPOT OFFICE SUPPLIES FY 2013 LEGAL 186.46 1705.65095 OFFICE DEPOT OFFICE SUPPLIES FY 2013 LEGAL 58.71 1705.65095 OFFICE DEPOT OFFICE SUPPLIES FY 2013 LEGAL 46.36 1705.65095 OFFICE DEPOT OFFICE SUPPLIES FY 2013 LEGAL 68.99 1705.65010 WEST GROUP PAYMENT CTR INFORMATION CHARGES 77.50 1705.65010 WEST GROUP PAYMENT CTR INFORMATION CHARGES 103.00 1705.65095 ALLEGRA PRINT & IMAGING BUSINESS CARDS 39.00 2,090.09 1905 ADM.SERVICES- GENERAL SUPPORT 1905.62185 ACCOUNTEMPS COLLECTION COORDINATOR 1,200.00 1905.62185 OFFICE TEAM ADMINISTRATIVE ASSISTANT 1,311.75 1905.62185 ACCOUNTEMPS COLLECTION COORDINATOR 1,200.00 1905.62185 OFFICE TEAM ADMINISTRATIVE ASSISTANT 1,344.75 5,056.50 1910 FINANCE DIVISION - REVENUE 1910.51600 BOZOVIC, DIANA REFUND PERMIT & TAX-LOT 32 24.00 1910.64541 AZAVAR TECHNOLOGIES AUDIT UTILITY 51.92 *Advanced Payment 126 of 441 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 1910.51620 WINTHROP CLUB @ BLETCHLEY PARK RETT STAMP REIMB.1,200.00 1910.62431 GARDA CL GREAT LAKES, INC.MONTHLY INVOICE 2,315.88 1910.51600 DAVIS, BRENNA REFUND-LOT 53-CUSTOMER MOVING 24.00 1910.62655 NEOPOST LEASE PAYMENT 1,200.00 1910.51600 PAGE, JOHANNA REFUND-PARKING PERMIT 24.00 1910.53755 PALUMBO, JOE REFUND-MONTHLY PARKING 85.00 1910.65095 SECURE PRODUCTS CORPORATION SECURITY BAGS 167.46 5,092.26 1920 FINANCE DIVISION - ACCOUNTING 1920.62280 FEDERAL EXPRESS CORP.SHIPPING 31.47 1920.62280 FEDERAL EXPRESS CORP.SHIPPING 23.64 1920.62110 ACCOUNTEMPS ACCOUNTING SERVICES 884.50 1920.62110 ACCOUNTEMPS ACCOUNTING SERVICES 703.25 1920.62110 ACCOUNTEMPS ACCOUNTING SERVICES 964.25 1920.62110 BAKER TILLY VIRCHOW KRAUSE, LLC FIELDWORK SERVICES 40,000.00 42,607.11 1929 HUMAN RESOURCE DIVISION 1929.62160 IL STATE POLICE RECRUITMENT 63.00 1929.62630 I.D.E.S. FIRST QUARTER 2013 INVOICE 58,190.85 1929.62509 EVERGREEN SOLUTIONS LLC COMPENSATION STUDY 7,000.00 1929.62295 ZYCH, CARMEN REIMB. ACCOUNTS PAYABLE CLASS 49.97 1929.62274 TRANS UNION CORP RECRUITMENT/MONTHLY FEE 151.68 1929.65095 OFFICE DEPOT OFFICE SUPPLIES FY 2013 82.58 1929.62512 VOORHEES ASSOCIATES RECRUITMENT 3,334.00 68,872.08 1932 INFORMATION TECHNOLOGY DIVI. 1932.62509 TERILLIUM 80 HOURS TECHNICAL/FUNCTIONAL 960.00 1932.62509 TERILLIUM 80 HOURS TECHNICAL/FUNCTIONAL 160.00 1932.62509 TERILLIUM 80 HOURS TECHNICAL/FUNCTIONAL 640.00 1932.62509 TERILLIUM 80 HOURS TECHNICAL/FUNCTIONAL 720.00 1932.62295 MADZIARCZYK, JONATHAN MVWARE TEST 200.00 1932.62506 NORTHWESTERN UNIVERSITY FEDERAL WORK STUDY PROGRAM 339.00 3,019.00 1941 PARKING ENFORCEMENT & TICKETS 1941.52505 ELLSWORTH, EMILY REFUND-TICKET 22084893 35.00 1941.64005 COMED MONTHLY INVOICE 77.24 1941.52505 AMERICAN TRAFFIC SOLUTIONS REFUND DUP PYMNT 700472235 10.00 1941.62451 NORTH SHORE TOWING BOOT & TOWING CONTRACT 1,650.00 1,772.24 1999 FINANCIAL & HR SYSTEM 1999.65570 NEW WORLD SYSTEMS 2ND PAYMENT FINANCIAL SOFTWARE 48,375.00 48,375.00 2101 COMMUNITY DEVELOPMENT ADMIN 2101.62295 SUMAR, MALEKA REIMB. WOMEN'S LEGACY CONF.49.84 49.84 2105 PLANNING & ZONING 2105.65095 OFFICE DEPOT 2013 PO OFFICE SUPPLIES BU2105 54.33 *Advanced Payment 227 of 441 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2105.65095 OFFICE DEPOT 2013 PO OFFICE SUPPLIES BU2105 27.18 2105.65095 OFFICE DEPOT 2013 PO OFFICE SUPPLIES BU2105 60.32 2105.65095 OFFICE DEPOT 2013 PO OFFICE SUPPLIES BU2105 72.67 2105.65095 OFFICE DEPOT 2013 PO OFFICE SUPPLIES BU2105 9.72 2105.65095 OFFICE DEPOT 2013 PO OFFICE SUPPLIES BU2105 81.92 2105.62285 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 40.82 346.96 2126 BUILDING INSPECTION SERVICES 2126.65095 OFFICE DEPOT 2013 PO OFFICE SUPPLIES BU2126 70.52 70.52 2205 POLICE ADMINISTRATION 2205.62225 SMITH MAINTENANCE COMPANY JANITORIAL SERVICES 2,713.49 2205.62225 SMITH MAINTENANCE COMPANY JANITORIAL SERVICES 330.49 2205.62210 H & H PRINTING GENERAL INFORMATION HANDBOOK 998.43 2205.62210 H & H PRINTING GENERAL INFORMATION HANDBOOK 952.68 2205.65085 A-MIDWEST BOARD-UP INC.BOARD UP 838 HINMAN #1 293.00 2205.64005 COMED MONTHLY CHARGES 104.05 2205.64005 COMED MONTHLY CHARGES 212.82 2205.64015 NICOR 0632 MONTHLY CHARGES 177.93 2205.62270 CAVANAUGH & ASSOCIATES RECORD REVIEW 4,065.50 2205.64005 COMED MONTHLY CHARGES 104.05 9,952.44 2210 PATROL OPERATIONS 2210.65020 VCG UNIFORM UNIFORM 105.90 2210.65020 VCG UNIFORM UNIFORM 75.75 2210.65020 VCG UNIFORM UNIFORM 75.75 2210.65020 VCG UNIFORM NAME EMBROIDERY 50.00 307.40 2240 POLICE RECORDS 2240.65095 ILLINOIS PAPER COMPANY COLOR COPIER PAPER 1,967.00 1,967.00 2250 SERVICE DESK 2250.65040 JOHNSON LOCKSMITH, INC.5 PIN KEY LOCK 4.90 2250.65040 SIMPLEX GRINNELL A/V TESTED/REPLACED 951.26 956.16 2251 311 CENTER 2251.64505 WEBQA, INC.6 MONTH SERVICE AGREEMENT 4,530.00 2251.64505 AT & T MOBILITY WIRELESS SERVICE 36.20 2251.64505 WEBQA, INC.GOVQA ANNUAL BILLING 4,530.00 9,096.20 2260 OFFICE OF ADMINISTRATION 2260.62295 ILSROA *CONFERENCE REGISTRATION 99.00 2260.62295 BROWN, CHELSEA MEALS -JUVENILE SKILLS PROG.60.00 2260.62295 NORTH EAST MULTI-REGIONAL LAWS OF ARREST/SEIZURE 150.00 2260.62295 NORTH EAST MULTI-REGIONAL INTERVIEWS/INTERROGATIONS 250.00 2260.62295 LANG, PHILLIP R.MEALS -UNDERCOVER TECHNIQUES 240.00 2260.62295 NORTH EAST MULTI-REGIONAL WEIGHT SCALE CERTIFICATION 140.00 *Advanced Payment 328 of 441 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2260.62295 SOSA, ANTHONY MEALS -WORK DOG WORKSHOP 240.00 2260.62295 GRYPHON TRAINING GROUP, INC. CRIME AND THE ELDERLY SEMINAR 260.00 2260.62295 NORTH EAST MULTI-REGIONAL ATTITUDE 101 CLASS 200.00 1,639.00 2270 TRAFFIC BUREAU 2270.65125 ADAJIAN, MICHAEL TOW REFUND 225.00 2270.65085 CHICAGO HARLEY-DAVIDSON ENGINE GUARD LIGHTS 686.25 2270.65085 CHICAGO HARLEY-DAVIDSON ELECTRICAL REPAIRS 681.25 1,592.50 2280 ANIMAL CONTROL 2280.64015 NICOR 0632 MONTHLY CHARGES 654.31 2280.65085 ALARM DETECTION SYSTEMS, INC. QUARTERLY CHARGES MAY-JULY 169.41 823.72 2285 PROBLEM SOLVING TEAM 2285.65020 PONY SHOP REPAIRS PARTS/LABOR 1,468.09 2285.61055 RING, MARIANNE CONTRACT AGREEMENT 2,788.00 2285.65020 PONY SHOP BELL POLICE HELMETS 1,080.00 5,336.09 2305 FIRE MGT & SUPPORT 2305.65020 UNIFORMITY, INC.UNIFORMS 12.95 2305.65050 HASTINGS AIR-ENERGY CONTROL EXHAUST REPAIR 139.95 2305.65020 UNIFORMITY, INC.UNIFORMS 280.95 2305.65020 UNIFORMITY, INC.UNIFORMS 17.95 2305.65020 UNIFORMITY, INC.UNIFORMS 59.90 2305.65020 UNIFORMITY, INC.UNIFORMS 177.80 2305.65020 UNIFORMITY, INC.UNIFORMS 43.95 2305.65020 UNIFORMITY, INC.UNIFORMS 34.95 2305.65020 UNIFORMITY, INC.UNIFORMS 437.65 2305.62518 THYSSENKRUPP ELEVATOR ELEVATOR SERVICE 586.79 2305.62315 FEDERAL EXPRESS CORP.SHIPPING 58.67 2305.65020 UNIFORMITY, INC.UNIFORMS 216.50 2305.64015 NICOR 0632 MONTHLY CHARGES 209.56 2305.62295 ILLINOIS FIRE CHIEFS ASN TRAINING 125.00 2305.65020 UNIFORMITY, INC.UNIFORMS 14.95 2305.65095 OFFICE DEPOT OFFICE SUPPLIES FY 13 BU 2305 179.01 2,596.53 2310 FIRE PREVENTION 2310.62210 GENERATION COPY INC FORMS 65.00 2310.65010 EVANSTON SIGNS & GRAPHICS, INC FIRE PREVENTION SUPPLIES 150.00 215.00 2315 FIRE SUPPRESSION 2315.65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 345.82 2315.65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 522.37 2315.62295 NORTHEASTERN ILLINOIS PUBLIC FIREFIGHTING TRAINING 300.00 2315.62295 NORTHEASTERN ILLINOIS PUBLIC FIREFIGHTING TRAINING 395.00 2315.62295 NORTHEASTERN ILLINOIS PUBLIC FIREFIGHTING TRAINING 900.00 2315.62522 MUNICIPAL EMERGENCY SERVICES TEST SYSTEM UPGRADE 300.00 *Advanced Payment 429 of 441 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2315.65040 LAPORT INC JANITORIAL SUPPLIES 10.00 2315.65040 LAPORT INC JANITORIAL SUPPLIES 263.30 2315.62295 K38 MARITIME FIREFIGHTING TRAINING 975.00 2315.62295 ILLINOIS FIRE CHIEFS ASN FIREFIGHTING TRAINING 300.00 2315.62523 FROGGMAN INDUSTRIES DRY SUIT REPAIR 139.00 2315.65090 ALLISON ENTERPRISE SAFETY SUPPLIES 155.96 2315.62295 ACUTE CARE EDUCATION SYSTEMS 80 MEMBERS TRAINING 7,600.00 2315.62295 VILLAGE OF ROMEOVILLE FIREFIGHTING TRAINING 325.00 2315.62430 SMITH MAINTENANCE COMPANY JANITORIAL SERVICES 626.19 2315.62295 U.S. COAST GUARD AUXILIARY FIREFIGHTING TRAINING 350.00 2315.62295 VILLAGE OF ROMEOVILLE FIREFIGHTING TRAINING 505.00 14,012.64 2320 EMERGENCY PREPAREDNESS 2320.62210 EVANSTON SIGNS & GRAPHICS, INC CERT SUPPLIES 200.00 200.00 2407 HEALTH SERVICES ADMIN 2407.62360 ILLINOIS ASSOC. OF PUBLIC HEALTH ANNUAL MEMBERSHIPS 700.00 700.00 2435 FOOD AND ENVIRONMENTAL HEALTH 2435.62476 OFFICE DEPOT EMERGENCY RESPONSE 81.02 2435.62476 OFFICE DEPOT EMERGENCY RESPONSE 31.40 2435.62295 KOLNICK, RYAN NEW SANITARIAN TRAINING REIMB.154.08 2435.62210 FEDEX KINKO'S - CAS PRINTING 3.84 2435.62210 FEDEX KINKO'S - CAS PRINTING 243.00 2435.62477 FEDEX KINKO'S - CAS PRINTING FOR MEDICAL RESERVE 1,618.53 2435.62477 OFFICE DEPOT OFFICE SUPPLIES FY 2013 260.38 2,392.25 2440 VITAL RECORDS 2440.53220 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES 16.23 1,172.00 1,172.00 2455 COMM.HEALTH PROG.ADMINSTRATION 2455.62468 COMCAST HOLDINGS CORPORATION BROADCAST - TOBACCO 7,000.00 2455.62371 FEDEX KINKO'S - CAS WAIVERS AND POSTER 272.76 2455.62468 NATIONAL CINEMEDIA, LLC ONSCREEN SEGMENT 6,879.00 2455.62468 PATCH IP2 EVANSTON 966.00 15,117.76 2610 MUNICIPAL SERVICE CENTER 2610.64005 COMED MONTHLY CHARGES 136.76 2610.62225 SMITHEREEN PEST MANAGEMENT RODENT CONTROL 93.00 2610.65020 SILK SCREEN EXPRESS, INC.FY2013 AFSCME UNIFORM PURCHASE 2,935.65 2610.64005 COMED MONTHLY CHARGES 141.73 2610.65020 SILK SCREEN EXPRESS, INC.FY2013 AFSCME UNIFORM PURCHASE 821.00 2610.65020 SILK SCREEN EXPRESS, INC.FY2013 AFSCME UNIFORM PURCHASE 110.00 2610.65020 SILK SCREEN EXPRESS, INC.FY2013 AFSCME UNIFORM PURCHASE 120.25 2610.62430 SMITH MAINTENANCE COMPANY JANITORIAL SERVICES 1,450.68 5,809.07 2630 TRAFFIC ENGINEERING *Advanced Payment 530 of 441 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2630.62210 PRF GRAPHICS RESIDENTIAL PARKING PERMITS 353.91 353.91 2640 TRAF. SIG. & ST. LIGHT. MAINT 2640.64007 COMED MONTHLY CHARGES 81.66 2640.64007 COMED MONTHLY CHARGES 6,831.36 2640.64006 COMED MONTHLY CHARGES 26.72 2640.64008 COMED MONTHLY CHARGES 27.07 2640.64008 COMED MONTHLY CHARGES 30.52 2640.64008 COMED MONTHLY CHARGES 41.77 2640.64007 COMED MONTHLY CHARGES 37.39 2640.64006 COMED MONTHLY CHARGES 545.90 2640.64006 COMED MONTHLY CHARGES 15,054.21 2640.65070 ELCAST LIGHTING STREET LIGHT REPAIRS 1,440.00 24,116.60 2670 STREET AND ALLEY MAINTENANCE 2670.65055 HEALY ASPHALT HOT MIX ASPHALT 823.68 2670.65055 HEALY ASPHALT HOT MIX ASPHALT 257.40 2670.65055 HEALY ASPHALT HOT MIX ASPHALT 288.60 2670.65055 HEALY ASPHALT HOT MIX ASPHALT 750.96 2670.65055 HEALY ASPHALT HOT MIX ASPHALT 513.24 2670.65055 HEALY ASPHALT HOT MIX ASPHALT 255.84 2670.65055 HEALY ASPHALT HOT MIX ASPHALT 951.44 2670.62295 NORTHEASTERN ILLINOIS PUBLIC SUPERVISORS ACADEMY 100.00 2670.65055 OZINGA CHICAGO RMC, INC.CONCRETE 1,900.00 2670.65055 OZINGA CHICAGO RMC, INC.CONCRETE 1,255.00 2670.65055 OZINGA CHICAGO RMC, INC.CONCRETE 1,028.00 2670.65055 OZINGA CHICAGO RMC, INC.CONCRETE 1,427.00 2670.62295 AMERICAN PUBLIC WORKS ASN *SNOW PLOW ROADEO 190.00 2670.65055 HEALY ASPHALT HOT MIX ASPHALT 265.20 10,006.36 3010 REC. BUS. & FISCAL MGMT 3010.62705 PLUG & PAY TECHNOLOGIES ONLINE MERCHANT FEES 162.20 162.20 3020 RECREATION GENERAL SUPPORT 3020.62490 GREAT HARVEST BREAD CO.REIMBRSE LINK FARM MRKT 5/4-11 35.00 3020.62490 RIVER VALLEY RANCH REIMBRSE LINK FARM MRKT 5/4-11 74.00 3020.62490 HEARTLAND MEATS REIMBRSE LINK FARM MRKT 5/4-11 51.00 3020.62490 KINNIKINNICK FARM REIMBRSE LINK FARM MRKT 5/4-11 32.00 3020.62490 FOODIE BITES INC REIMBRSE LINK FARM MRKT 5/4-11 41.00 3020.62490 CRUST & CRUMB REIMBRSE LINK FARM MRKT 5/4-11 30.00 3020.62490 GENEVA LAKES PRODUCE REIMBRSE LINK FARM MRKT 5/4-11 62.00 3020.62205 ALLEGRA PRINT & IMAGING FARMERS MARKET PROMOT MATERIAL 239.00 3020.62490 K.V. STOVER AND SON REIMBRSE LINK FARM MRKT 5/4-11 66.00 630.00 3025 PARK UTILITIES 3025.64005 COMED MONTHLY CHARGES 29.76 3025.64005 COMED MONTHLY CHARGES 25.47 3025.64005 COMED MONTHLY CHARGES 29.69 *Advanced Payment 631 of 441 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3025.64005 COMED MONTHLY CHARGES 40.06 3025.64005 COMED MONTHLY CHARGES 56.61 3025.64005 COMED MONTHLY CHARGES 23.75 3025.64005 COMED MONTHLY CHARGES 24.01 3025.64005 COMED MONTHLY CHARGES 16.18 3025.64005 COMED MONTHLY CHARGES 23.23 3025.64005 COMED MONTHLY CHARGES 624.59 3025.64005 COMED MONTHLY CHARGES 22.89 3025.64005 COMED MONTHLY CHARGES 49.86 3025.64005 COMED MONTHLY CHARGES 15.59 3025.64005 COMED MONTHLY CHARGES 148.46 3025.64005 COMED MONTHLY CHARGES 35.46 3025.64005 COMED MONTHLY CHARGES 95.28 3025.64005 COMED MONTHLY CHARGES 41.36 3025.64005 COMED MONTHLY CHARGES 25.47 3025.64005 COMED MONTHLY CHARGES 411.79 3025.64005 COMED MONTHLY CHARGES 16.41 3025.64005 COMED MONTHLY CHARGES 39.70 3025.64005 COMED MONTHLY CHARGES 35.98 3025.64015 NICOR 0632 MONTHLY CHARGES 101.57 3025.64015 NICOR 0632 MONTHLY CHARGES 44.63 3025.64015 NICOR 0632 MONTHLY CHARGES 208.43 3025.64015 NICOR 0632 MONTHLY CHARGES 111.18 3025.64015 NICOR 0632 MONTHLY CHARGES 102.37 3025.64015 NICOR 0632 MONTHLY CHARGES 77.71 3025.64015 NICOR 0632 MONTHLY CHARGES 100.89 2,578.38 3030 CROWN COMMUNITY CENTER 3030.62507 FONSECA MARTIAL ARTS SPRING BREAK FIELD TRIP 3/28 448.00 448.00 3035 CHANDLER COMMUNITY CENTER 3035.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 31.20 3035.65095 OFFICE DEPOT OFFICE SUPPLIES 140.58 3035.65040 LAPORT INC JANITORIAL SUPPLIES FY 2013 338.35 3035.65095 ILLINOIS PAPER COMPANY OFFICE PAPER 85.70 3035.62505 UNGER, DIANA FENCING INSTRUCTION 3,798.90 3035.62506 NORTHWESTERN UNIVERSITY WORK STUDY STAFF 2013 2,344.06 6,738.79 3040 FLEETWOOD JOURDAIN COM CT 3040.65095 OFFICE DEPOT OFFICE SUPPLIES 57.12 3040.65025 CATHOLIC CHARITIES OF CHICAGO SENIOR CONGREGATE MEAL 683.20 3040.65095 ILLINOIS PAPER COMPANY OFFICE PAPER 85.70 3040.65110 PREMIER BLEACHER REPAIR INC REPAIR GYM BLEACHERS 4,635.00 3040.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICE 41.00 3040.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICE 41.00 3040.62511 JESSE WHITE TUMBLING TEAM ENTERTAINMNT CHILDREN DAY 5/13 350.00 3040.65110 CINTAS #769 MAT SERVICE 153.64 3040.65110 CINTAS #769 MAT SERVICE 149.29 3040.62210 GENERATION COPY INC PROGRAMS/SCRIPTS MUSE FIRE 336.75 *Advanced Payment 732 of 441 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 6,532.70 3045 FLEETWOOD/JOURDAIN THEATR 3045.62505 GAUL, TANIA RICHARD PLAYWRITING INSTRUCTION WRKSHP 200.00 3045.62505 JOY, NATALIE FJT/DIST 65/21ST CENTURY INSTR 240.00 3045.62505 DUPONT, DAVID J.GUITAR INSTRUCTION 160.00 3045.62511 MUSE OF FIRE THEATRE COMPANY TAMING OF SHREW PERFORMANCE 1,250.00 3045.62511 SAMUEL FRENCH INC LICENSE FEE 'FOR COLORED GIRLS 540.00 3045.62505 JOY, EBONY FJT/DIST 65/21ST CENTURY INSTR 240.00 2,630.00 3050 RECREATION OUTREACH PROGRAM 3050.62210 GENERATION COPY INC FLYER SUMMER BBALL LEAGUE 385.00 3050.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICE 33.33 3050.62511 JESSE WHITE TUMBLING TEAM ENTERTAINMNT CHILDREN DAY 5/13 350.00 768.33 3055 LEVY CENTER SENIOR SERVICES 3055.62245 JABUREK, DENNIS RELOCATE POOL TABLE LEVY CNTR 720.00 3055.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 44.94 3055.62505 TAJ BELLY DANCE INSTRUCTION 315.00 3055.62505 COMPUTER TRAINING & SUPPORT COMPUTER INSTRUCTION SENIORS 150.00 3055.62505 CONNELLY'S ACADEMY TKD INSTRCUTION 6,498.00 3055.65025 CATHOLIC CHARITIES OF CHICAGO SENIOR CONGREGATE MEAL 3,010.35 3055.65040 LAPORT INC JANITORIAL SUPPLIES 665.66 3055.65040 LAPORT INC JANITORIAL SUPPLIES 144.95 3055.65095 OFFICE DEPOT OFFICE SUPPLIES FY 2013 197.63 3055.56045 ILLINOIS DEPT OF REVENUE *SALES TAX APRIL 2013 45.00 3055.62511 CLOWNING AROUND ENTERTAINMENT PERFORMER FOR PRIVATE EVENT 234.00 3055.62511 CLOWNING AROUND ENTERTAINMENT PRIVATE PARTY ENTERTAINMENT 234.00 3055.62505 KASPIK, ARLENE M 9 WK SENIOR SQUARE DANCE CLASS 441.00 3055.62245 DIRECT FITNESS SOLUTIONS TREADMILL PARTS 70.00 3055.62505 ROSMAN, SHARON BOOK CLUB FACILITATOR JAN-JUN 250.00 3055.61062 ST. MORITZ SECURITY SERVICES, SECURITY PRIVATE RENTAL 390.00 3055.62245 SCHWARTZ PIANO SERVICE PIANO TUNING APRIL 2013 240.00 3055.62505 NORTHWESTERN UNIVERSITY WORK STUDY 316.35 13,966.88 3065 BOAT RAMP-CHURCH ST 3065.65050 GROVER WELDING COMPANY REPAIR OF BOAT RAMPS 3,350.00 3,350.00 3080 BEACHES 3080.64015 NICOR 0632 MONTHLY CHARGES 112.73 3080.65110 HENRICHSEN FIRE & SAFETY BEACH OFFICE FIRE EXTINGUISHER 45.00 3080.65020 FITNESS WEAR, INC.CLOTHING STAFF & CAMPERS 1,856.04 2,013.77 3085 RECREATION FACILITY MAINT 3085.65110 LURVEY LANDSCAPE SUPPLY DUOCIDE DG PRO 905.45 3085.65055 TEAM REIL, INC.REPLACEMENT SECTION CHURCH 1,853.25 3085.65110 LURVEY LANDSCAPE SUPPLY 22-0-3 FERTILIZER 4,334.40 7,093.10 *Advanced Payment 833 of 441 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3095 CROWN ICE RINK 3095.62245 JORSON & CARLSON BLADE SHARPENING 63.21 3095.62495 ANDERSON PEST CONTROL PEST CONTROL 79.00 3095.65095 ILLINOIS PAPER COMPANY OFFICE PAPER 225.60 3095.65080 COCA-COLA ENTERPRISES VENDING RESALE 750.24 3095.65040 LAPORT INC JANITORIAL SUPPLIES 847.83 3095.62251 MCCAULEY MECHANICAL SERVICE RINK AIR UNIT PIPE REPAIR 335.00 3095.62490 SCS PRODUCTIONS LIGHTING & HEADSETS ICE 5,375.06 3095.62245 MCCAULEY MECHANICAL SERVICE REPLACE KITCHEN EXHAUST FAN 360.00 3095.65050 MCCAULEY MECHANICAL SERVICE RINK AIR UNIT PIPE REPAIR 79.93 8,115.87 3105 AQUATIC CAMP 3105.65110 FITNESS WEAR, INC.CLOTHING STAFF & CAMPERS 760.00 3105.65110 FOX DUFFLES REPLACE SAILBOAT PARTS 325.00 1,085.00 3110 TENNIS 3110.62505 E-TOWN TENNIS INSTRUCTION TENNIS PROGRAMS 6,416.10 6,416.10 3505 PARKS & FORESTRY GENERAL SUP 3505.65095 OFFICE DEPOT FY2013 OFFICE SUPPLIES 247.11 247.11 3510 HORTICULTURAL MAINTENANCE 3510.62199 NATIONAL AWARD SERVICES INC PLATE-BRASS 40.00 3510.65005 LURVEY LANDSCAPE SUPPLY PLANTINGS 318.80 3510.65070 KIMBALL MIDWEST CLEANER/ TOOL 222.33 3510.65085 RUSSO POWER EQUIPMENT PUSH BROOMS 50.97 3510.65090 RUSSO POWER EQUIPMENT BOTANY TOOLS 93.97 3510.62195 SKOKIE PARK DISTRICT MAINTENANCE/OPERATIONS DOG PK 7,037.56 3510.65070 RUSSO POWER EQUIPMENT TORSION SPRINGS 8.84 3510.65090 CINTAS FIRST AID SUPPLIES 65.96 7,838.43 3515 PARKWAY TREE MAINTENANCE 3515.65090 CINTAS FIRST AID SUPPLIES 46.94 46.94 3605 ECOLOGY CENTER 3605.64015 NICOR 0632 MONTHLY CHARGES 277.12 3605.64015 NICOR 0632 MONTHLY CHARGES 438.57 3605.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 60.72 776.41 3700 ARTS COUNCIL 3700.62665 EVANSTON FESTIVAL THEATRE DBA GRANT PAYMENT PER AGREEMENT 750.00 3700.62665 EVANSTON ART CENTER GRANT PAYMENT PER AGREEMENT 800.00 3700.62665 RENOVO STRING ORCHESTRA GRANT PAYMENT PER AGREEMENT 400.00 3700.62185 BAIOCCHI, FRANK HONORARIA CULTURAL FUND JURY 75.00 3700.62665 MUSIC INSTITUTE OF CHICAGO GRANT PAYMENT PER AGREEMENT 900.00 3700.62665 EVANSTON SYMPHONY ORCHESTRA GRANT PAYMENT PER AGREEMENT 850.00 3700.62665 ART ENCOUNTER GRANT PAYMENT PER AGREEMENT 800.00 *Advanced Payment 934 of 441 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3700.62665 MUSE OF FIRE THEATRE COMPANY GRANT PAYMENT PER AGREEMENT 650.00 3700.62665 EVANSTON DANCE ENSEMBLE GRANT PAYMENT PER AGREEMENT 850.00 6,075.00 3710 NOYES CULTURAL ARTS CTR 3710.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICE 35.58 35.58 3805 FACILITIES ADMINISTRATION 3805.65095 OFFICE DEPOT OFFICE SUPPLIES FY2013 51.02 3805.65095 DUSTCATCHERS, INC.CIVIC CTR FL MATS (1) YR SVCS 229.00 3805.64005 COMED MONTHLY CHARGES 178.87 3805.64005 COMED MONTHLY CHARGES 71.95 3805.65095 DUSTCATCHERS, INC.CIVIC CTR FL MATS (1) YR SVCS 189.00 719.84 3806 CIVIC CENTER SERVICES 3806.62225 ANDERSON PEST CONTROL PEST CONTROL 464.20 3806.65040 LAPORT INC JANITORIAL SUPPLIES CIVIC CTR 178.00 3806.62225 SMITH MAINTENANCE COMPANY JANITORIAL SERVICES 4,411.17 3806.65040 MARK VEND COMPANY VENDING SUPPLIES 109.42 3806.64005 COMED MONTHLY CHARGES 245.15 3806.62225 ANDERSON PEST CONTROL PEST CONTROL 28.00 3806.62225 ANDERSON PEST CONTROL PEST CONTROL 71.00 5,506.94 3807 CONSTRUCTION AND REPAIRS 3807.62245 STEINER ELECTRIC CO.POWER SYSTEMS SERVICE 499.25 3807.65050 MIDWEST ENVIRONMENTAL SALES CO GAS VALVE -HEATER PARTS 335.80 835.05 407,506.77 00195 NEIGHBOR.STABILIZATION PROGRAM 5005 NSP-GENERAL ADMINISTRATION 5005.65095 OFFICE DEPOT 2013 PO OFFICE SUPPLIES BU5005 9.99 9.99 9.99 00205 EMERGENCY TELEPHONE SYSTEM 5150 EMERGENCY TELEPHONE SYSTM 5150.62509 IRON MOUNTAIN OSDP OFF-SITE DATA PROTECTION 325.11 5150.62225 PHOENIX FIRE SYSTEMS, INC.FENWAL FM-200 CLEAN AGENT FIRE 485.00 5150.62225 PHOENIX FIRE SYSTEMS, INC.REPLACE TWO 12V/7A BATTERIES 40.00 5150.64505 AT & T 8100 COMMUNICATION CHARGES 950.98 5150.65085 MOTOROLA SOLUTIONS, INC.PSM STRAIGHT CABLE 1,492.72 5150.64540 VERIZON WIRELESS (25505)WIRELESS SERVICE 2,774.73 6,068.54 *Advanced Payment 1035 of 441 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 6,068.54 00210 SPECIAL SERVICE DIST #4 5160 SPECIAL SERVICE DIST #4 5160.62517 EVMARK 2ND QTR CONTRIBUTION 92,500.00 92,500.00 92,500.00 00215 CDBG FUND 5220 CDBG ADMINISTRATION 5220.65095 OFFICE DEPOT 2013 PO OFFICE SUPPLIES BU5220 147.52 5220.62285 FEDERAL EXPRESS CORP.SHIPPING 25.36 5220.62490 CURSOR CONTROL INC ESCROW SUBSCRIPTION 250.00 5220.65095 OFFICE DEPOT 2013 OFFICE SUPPLIES BU5220 22.30 445.18 445.18 00225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 5300.65095 OFFICE DEPOT 2013 PO OFFICE SUPPLIES BU5300 206.19 5300.62659 EVMARK 2ND QTR CONTRIBUTION 33,250.00 5300.62660 PETERSON APPRAISAL GROUP, LTD. 1700 BLOCK/CHGO. AVE.2,000.00 5300.62660 CHICAGO'S NORTH SHORE CONVENTION *EVANSTONEDGE PRINT AD 500.00 5300.65522 RENAISSANCE REALTY *STRANGE LOFTS FACADE 13,417.50 49,373.69 49,373.69 00300 WASHINGTON NATL TIF DEBT SERV 5470 WASHINGTON NAT'L TIF DS 5470.62605 EVMARK 2ND QRT CONTRIBUTION 22,061.75 22,061.75 22,061.75 00330 HOWARD RIDGE TIF 5860 HOWARD RIDGE TIF 5860.65511 FAITH ENVIRON STUDIO *ARCHITECTURE EXP.-623 HOWARD 2,550.00 2,550.00 2,550.00 00415 CAPITAL IMPROVEMENTS FUND 415 CAPITAL IMPROVEMENTS FUND 415.22756 IL DEPT OF TRANSPORTATION LAKEFRONT CORRIDOR BIKE PATH 573,739.96 415.21120 G.A. JOHNSON AND SON SERVICE CENTER PARKING DECK 77,908.00 651,647.96 415414 LAKEFRONT-LAGOON AREA IMPROV 415414.62135 KETTELKAMP & KETTELKAMP LANDSC CENTENNIAL PARK LAGOON 14,325.72 14,325.72 415663 NOYES ROOF PROJECT 415663.65510 ALTUS WORKS, INC.2013 NOYES CENTER CHIMNEY 100.00 415663.65510 ALTUS WORKS, INC.2013 NOYES CENTER CHIMNEY 6,400.00 *Advanced Payment 1136 of 441 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 415663.65510 ALTUS WORKS, INC.ADDTL SVCS #2NOYES CTR CHIMNEY 1,960.00 415663.65510 ALTUS WORKS, INC.ADDTL SVCS #2NOYES CTR CHIMNEY 73.35 8,533.35 415823 FIRE STN #2 BOILR/CHMNY HTG 415823.65653 THERM FLO, INC FIRE 1 & 2 MEP IMPROVEMENTS 63,986.40 415823.65653 THERM FLO, INC FIRE 1 & 2 MEP IMPROVEMENTS 27,087.50 91,073.90 415826 FIRE STATION #4 REHAB 415826.62135 MCGUIRE IGLESKI & ASSOCIATES PROVIDE ARCHITECTURAL SERVICES 634.15 634.15 415857 STREET RESURFACING 415857.65515 GLENBROOK EXCAVATING & CONCRETE CENTRAL ST CONST. 156,771.29 156,771.29 922,986.37 00505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 7005.53460 PAGE, JOHANNA REFUND-PARKING PERMIT 76.00 7005.62431 GARDA CL GREAT LAKES, INC.MONTHLY INVOICE 1,334.03 7005.53476 DAVIS, BRENNA REFUND-LOT 53-CUSTOMER MOVING 36.00 7005.53445 BOZOVIC, DIANA REFUND PERMIT & TAX-LOT 32 76.00 1,522.03 7015 PARKING LOTS & METERS 7015.65070 IPS GROUP, INC.MONTHLY INVOICE 432.90 7015.64005 COMED MONTHLY INVOICE 190.38 7015.64005 COMED MONTHLY INVOICE 219.43 7015.53510 COOK COUNTY COLLECTOR *PARKING TAX - APRIL 2013 240.00 7015.65050 COMPLETE PUMP SERVICE CO., INC FIRE PUMP REPAIR 225.00 1,307.71 7025 CHURCH STREET GARAGE 7025.53500 COOK COUNTY COLLECTOR *PARKING TAX - APRIL 2013 2,691.50 7025.53515 DUOHENEAUX, CLINT ACCESS CARD REFUND 25.00 7025.53515 CHEN, LUYAO ACCESS CARD REFUND 25.00 7025.53515 ROTTINGER, JASON ACCESS CARD REFUND 25.00 7025.53515 ALEXANDER, ELLIOT ACCESS CARD REFUND 25.00 7025.62509 REVCON TECHNOLOGIES, INC.CHURCH ST SELF PK MAINTENANCE 2,650.00 7025.62400 CENTRAL PARKING SYSTEM OF IL MAINTENANCE AND OPERATION 24,549.98 29,991.48 7036 SHERMAN GARAGE 7036.53515 JAIN, ANKUR ACCESS CARD REFUND 25.00 7036.53500 COOK COUNTY COLLECTOR *PARKING TAX - APRIL 2013 4,351.50 7036.62400 CENTRAL PARKING SYSTEM OF IL MAINTENANCE AND OPERATIONS 55,812.83 7036.53515 SENAT, ZORA ACCESS CARD REFUND 25.00 7036.53515 RIEDER, RACHEL ACCESS CARD REFUND 25.00 7036.53515 CHEN, SANDY ACCESS CARD REFUND 25.00 7036.53515 BARRY, MICHAEL ACCESS CARD REFUND 25.00 7036.53515 DAVIS, HEATHER ACCESS CARD REFUND 25.00 7036.53515 NIGUT, CAROL ACCESS CARD REFUND 25.00 *Advanced Payment 1237 of 441 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7036.53515 GLEDHILL, MATT ACCESS CARD REFUND 25.00 7036.53515 DENBY, LISA ACCESS CARD REFUND 25.00 7036.53515 MENEZES, SHARON ACCESS CARD REFUND 25.00 7036.53515 CAULFIELD, BRENDAN ACCESS CARD REFUND 25.00 7036.53515 KARKER, GAURAV ACCESS CARD REFUND 25.00 7036.53515 YI, TABITHA ACCESS CARD REFUND 25.00 7036.62509 REVCON TECHNOLOGIES, INC.GATE REPAIR 673.50 7036.62509 REVCON TECHNOLOGIES, INC.SHERMAN PLAZA MAINTENANCE 7,510.00 68,672.83 7037 MAPLE GARAGE 7037.53515 ZHENG, YUNAN ACCESS CARD REFUND 25.00 7037.53500 COOK COUNTY COLLECTOR *PARKING TAX - APRIL 2013 2,832.25 7037.62509 REVCON TECHNOLOGIES, INC.MAPLE ST GARAGE MAINTENANCE 5,036.00 7037.53515 WILKE, MICHELE ACCESS CARD REFUND 25.00 7037.53515 O'BRIEN, KYLE ACCESS CARD REFUND 25.00 7037.53510 COOK COUNTY COLLECTOR *PARKING TAX - APRIL 2013 440.00 7037.64015 NICOR 0632 MONTHLY INVOICE 91.28 7037.53515 DAVIS, LISA ACCESS CARD REFUND 25.00 7037.62400 CENTRAL PARKING SYSTEM OF IL MAINTENANCE AND OPERATION 48,468.67 56,968.20 158,462.25 00510 WATER FUND 510 WATER FUND 510.22700 WETTERSTEN, BONNIE O REFUND- OVERPYMNT 05542160-02 136.60 510.22700 HILLIARD, JAMES REFUND-WATER 06695180-02 373.49 510.22700 RDG FUND #1 REFUND-OVERPYMNT 01183100-02 341.79 510.22700 BANK OF AMERICA % ECOVA INC REFUND-OVERPYMNT 02252880-00 182.47 510.22700 SCHMIDT, BARBARA REFUND-OVERPYMNT 06620420-00 136.95 510.22700 OU, GUO XIONG REFUND-OVERPYMNT 05580871-06 159.12 510.22700 GURUJAL, RAVI REFUND-OVERPYMNT 02240800-03 162.93 510.22700 1600 MONROE LLC REFUND OVERPYMNT 01163530-01 389.33 510.22700 BENDER, GIL REFUND OVERPYMNT 02261200-04 27.92 510.22700 BRIN NSP LLC REFUND-OVERPYMNT 05582581-03 55.84 1,966.44 7100 WATER GENERAL SUPPORT 7100.53575 FEDERAL EXPRESS CORP.SHIPPING 160.06 7100.56145 OSMAN CONSTRUCTION CORP.FIRE HYDRANT REFUND 300.00 7100.62295 REHG, KRISTIN REIMB. CONFERENCE-NAPERVILLE 41.63 7100.56140 ILLINOIS DEPT OF REVENUE *SALES TAX APRIL 2013 742.00 7100.65040 LAPORT INC JANITORIAL SUPPLPIES - ADMIN.149.29 7100.65095 OFFICE DEPOT OFFICE SUPPLIES FY13 UTILITIES 1,056.61 7100.65105 EVANSTON BLUE PRINT CO., INC.SCANS TO PDF 75.00 7100.53575 FEDERAL EXPRESS CORP.SHIPPING 22.18 7100.53575 FEDERAL EXPRESS CORP.SHIPPING 22.18 7100.62315 FEDERAL EXPRESS CORP.SHIPPING 33.63 7100.53575 FEDERAL EXPRESS CORP.SHIPPING 79.64 2,682.22 7105 PUMPING *Advanced Payment 1338 of 441 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7105.64005 COMED MONTHLY CHARGES 35.56 7105.64015 NICOR 0632 MONTHLY CHARGES 110.10 145.66 7110 FILTRATION 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE 4,875.48 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE 4,777.45 7110.65040 LAPORT INC JANITORIAL SUPPLIES - FILTER 79.95 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE 4,862.41 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE 4,882.02 7110.65015 ALEXANDER CHEMICAL CORPORATION HYDROFLUORSILIC ACID -PER SPEC 12,256.86 7110.62465 UNDERWRITERS LABORATORIES INC. FY 2013 LABORATORY TESTING 1,080.00 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE 4,873.30 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE 4,827.56 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE 4,866.77 47,381.80 7115 DISTRIBUTION 7115.65055 MID AMERICAN WATER OF WAUCONDA SMALL B-BOX REPAIR LIDS 400.00 7115.65055 MID AMERICAN WATER OF WAUCONDA VALVE BOX BOTTOM SECTIONS 1,266.00 7115.65055 MID AMERICAN WATER OF WAUCONDA VALVE BOX TOP SECTIONS 1,320.00 7115.65055 MID AMERICAN WATER OF WAUCONDA VALVE BOX LIDS (TYLER-UNION)226.40 7115.65055 MID AMERICAN WATER OF WAUCONDA LARGE B-BOX REPAIR LIDS 515.00 3,727.40 7125 OTHER OPERATIONS 7125.65080 MID AMERICAN WATER OF WAUCONDA 2"X2 1/2" B-BOX BUSHING 47.75 7125.65080 MID AMERICAN WATER OF WAUCONDA MINNEAPOLIS STYLE B-BOX 1,923.20 1,970.95 57,874.47 00513 WATER-DEPR, IMPROV & EXTENSION 733074 REPAIR ZEBRA MUSSELCONTROL SYS 733074.62140 CAROLLO ENGINEERS, INC WATER PLANT INTAKE IMPR ENG 12,388.75 12,388.75 733078 SCADA SYSTEM IMPROVEMENTS 733078.65515 ALLAN INTEGRATED CONTROL SYSTEM SCADA SYSTEM UPGRADES 68,362.91 68,362.91 80,751.66 00515 SEWER FUND 7400 SEWER MAINTENANCE 7400.62460 THIRD MILLENNIUM ASSOC REGULAR, PAST DUE & SHUT OFF 79.86 79.86 7420 SEWER IMPROVEMENTS 7420.65515 BOLDER CONTRACTORS, INC.EMERGENCY SEWER REPAIR 36,662.49 36,662.49 36,742.35 00520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 7685.62415 GROOT RECYCLING & WASTE SERVICE FY2013 RESIDENTIAL REFUSE 135,467.00 *Advanced Payment 1439 of 441 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7685.68310 WELLS FARGO BANK- SWANCC FY2013 CAPITAL COST SWANCC 3,627.92 7685.56155 ILLINOIS DEPT OF REVENUE *SALES TAX APRIL 2013 541.00 7685.62405 WELLS FARGO BANK- SWANCC FY2013 OPERATIONS & MGMT SWANN 73,568.46 7685.62390 LAKESHORE WASTE SERVICES, LLC FY2013 CONDO REFUSE COLLECTION 32,045.00 245,249.38 7690 RESIDENTIAL RECYCLING COL 7690.62295 NORTHEASTERN ILLINOIS PUBLIC SUPERVISORS ACADEMY 50.00 50.00 7695 YARD WASTE COLLECTION 7695.62415 GROOT RECYCLING & WASTE SERVICE FY 2013 YARD WASTE COLLECTION 69,204.00 69,204.00 314,503.38 00600 FLEET SERVICES 7705 GENERAL SUPPORT 7705.62340 SPX SERVICE SOLUTIONS G.M. DIAGNOSTIC SOFTWARE 1,608.17 1,608.17 7710 MAJOR MAINTENANCE 7710.62245 STANDARD INDUSTRIAL & AUTO SHOP HOSE REEL REPAIRS 715.15 7710.65060 SUNNYSIDE PARTS WAREHOUSE CAMSHAFT SENSOR #137 72.80 7710.65060 TRIANGLE SERVICE, INC.FUEL TANK REPAIR #565 165.00 7710.65060 VERMEER MIDWEST V BOND BELT #565 251.72 7710.65060 VERMEER MIDWEST HYDROL. FILTER #565 17.04 7710.65060 VERMEER MIDWEST SCREEN #565 270.75 7710.65060 VERMEER MIDWEST CAM 4 MM 11.58 7710.65060 VERMEER MIDWEST CURTAIN 213.88 7710.65060 WEST SIDE TRACTOR FILTERS 238.92 7710.65060 WEST SIDE TRACTOR CUTTING EDGE #680 1,573.20 7710.65060 WEST SIDE TRACTOR AXEL PLUGS #953 375.72 7710.65060 WEST SIDE TRACTOR FUEL LINE #659 66.67 7710.65060 WEST SIDE TRACTOR STABILIZER PAD #953 224.64 7710.65060 WEST SIDE TRACTOR STABILIZER PADS 449.28 7710.65060 WEST SIDE TRACTOR PLUG #953 33.40 7710.65060 WEST SIDE TRACTOR STREET PADS 224.64 7710.65060 WEST SIDE TRACTOR V BELT #565 130.48 7710.65060 WEST SIDE TRACTOR FUEL FILTER 72.76 7710.65060 WEST SIDE TRACTOR TENSIONER #565 141.91 7710.65060 WEST SIDE TRACTOR DIPSTICK RETURN 84.05- 7710.65060 WEST SIDE TRACTOR HYDROL. FILTER 69.67 7710.65060 WEST SIDE TRACTOR FENDERS #680 1,832.79 7710.65060 WEST SIDE TRACTOR REAR SKID PLATES #659 862.90 7710.65060 SUBURBAN ACCENTS, INC.GRAHPICS & LETTERING #34 125.00 7710.65060 SUNNYSIDE PARTS WAREHOUSE CRANK SHAFT SENSOR #137 58.70 7710.65060 MAXSAFE ANTIFREEZE ANTI-FREEZE 373.50 7710.65050 ADVANCED PROCLEAN, INC.MOBILE POWER WASHING SERVICE 620.00 7710.65060 CARQUEST EVANSTON STD. MINIATURE LAMP 13.80 7710.65060 CARQUEST EVANSTON BELTS 17.32 7710.65060 CARQUEST EVANSTON FUEL/WATER FILTERS 179.78 7710.65060 CARQUEST EVANSTON HEADLIGHT BULBS 51.74 *Advanced Payment 1540 of 441 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 CARQUEST EVANSTON TRANS. FILTERS 118.06 7710.65060 CARQUEST EVANSTON SWAY BAR LINKS #72 90.45 7710.65060 CARQUEST EVANSTON AIR FILTERS 88.03 7710.65060 CARQUEST EVANSTON POWER STEERING FLUID 63.97 7710.65060 CARQUEST EVANSTON HI POP OIL FILTERS 108.95 7710.65060 CARQUEST EVANSTON 7-WAY ADAPTER 17.99 7710.65060 CARQUEST EVANSTON BREAKAWAY SWITCH 12.31 7710.65060 CARQUEST EVANSTON VELCRO 98.88 7710.65060 CARQUEST EVANSTON BRAKE HOSE #57 17.70 7710.65060 CARQUEST EVANSTON ANTI-SEIZE 14.70 7710.65060 CARQUEST EVANSTON MICRO-V BELTS 109.22 7710.65060 CARQUEST EVANSTON FILTERS 133.20 7710.65060 CARQUEST EVANSTON SWAY BAR - FRAME BUSH 43.64 7710.65060 CARQUEST EVANSTON CV SHAFT 129.90 7710.65060 CARQUEST EVANSTON FRONT BRAKES #36 88.44 7710.65060 INTERSTATE BATTERY OF NORTHERN VEHICLE EQUIPMENT BATTERY 131.30 7710.65060 INTERSTATE BATTERY OF NORTHERN VEHICLE EQUIPMENT BATTERY 174.64 7710.65035 PALATINE OIL COMPANY, INC FUEL PURCHASES FOR 2013 27,471.35 7710.65035 PALATINE OIL COMPANY, INC FUEL PURCHASES FOR 2013 25,917.15 7710.65035 PALATINE OIL COMPANY, INC FUEL PURCHASES FOR 2013 25,175.89 7710.65065 WENTWORTH TIRE SERVICE NEW TIRE PURCHASE FOR 2013 1,890.76 7710.65065 WENTWORTH TIRE SERVICE TIRE SERVICE AND RECAPPING 89.95 7710.65065 WENTWORTH TIRE SERVICE TIRE SERVICE AND RECAPPING 24.00 7710.65060 EVANSTON AUTO GLASS INSTALL LEFT MIRROR #166 60.00 7710.65060 FASTENAL COMPANY ZIP TIES 39.86 7710.65060 FASTENAL COMPANY ZIP TIES 8.41 7710.65060 FASTENAL COMPANY ZIP TIES 84.68 7710.65060 GEIB INDUSTRIES, INC.HYDROL. HOSE 498.65 7710.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 189.02 7710.65060 GROVER WELDING COMPANY WELD REPAIR #642 480.00 7710.65060 GROVER WELDING COMPANY WELD REPAIR 60.00 7710.65060 GROVER WELDING COMPANY WELD TRAILER REPAIR 351.85 7710.65060 GROVER WELDING COMPANY TAILGATE REPAIR 336.20 7710.65060 HAVEY COMMUNICATIONS INC.OVERRIDE SYSTEM INSTALL 264.00 7710.65060 HAVEY COMMUNICATIONS INC.REPAIR STROBE BOXES 357.85 7710.65060 HAVEY COMMUNICATIONS INC.IGNITION OVERRIDE REPAIR 75.00 7710.65060 HAVEY COMMUNICATIONS INC.REWORK EXISTING EQUIPMENT 827.00 7710.65060 INTERSTATE BATTERY OF NORTHERN BATTERY RETURN 240.00- 7710.65060 JENNINGS CHEVROLET TAHOE BRAKE ROTORS 1,122.80 7710.65060 JENNINGS CHEVROLET OUTSIDE REPAIR #60 810.96 7710.65060 LEACH ENTERPRISES, INC.7-WAY COIL CABLE 93.38 7710.65060 LEACH ENTERPRISES, INC.CAM BUSH KIT RETURN 25.28- 7710.65060 LEACH ENTERPRISES, INC.DESICCANT CARTRIDGE KIT 248.22 7710.65060 LEACH ENTERPRISES, INC.CAM SPACER WASHER 15.00 7710.65060 LEACH ENTERPRISES, INC.BRAKE VALVE 54.62 7710.65060 LEACH ENTERPRISES, INC.ALUM. SPLIT MIRROR 25.42 7710.65060 LEACH ENTERPRISES, INC.WASHER SOLVENT 89.95 7710.65060 MCCANN INDUSTRIES, INC.NEW BUCKET #608 2,825.45 7710.65060 MCCANN INDUSTRIES, INC.ENGINE SERVICE MANUAL 73.56 7710.65060 MCCANN INDUSTRIES, INC.COMPRESSION SPRING 59.38 *Advanced Payment 1641 of 441 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 MCCANN INDUSTRIES, INC.PLOW PARTS 280.50 7710.65060 MCCANN INDUSTRIES, INC.EDGE CUTTING 468.51 7710.65060 MCCANN INDUSTRIES, INC.LARGE PIN 58.27 7710.65060 NORTH SHORE TOWING TOW #923 350.00 7710.65060 NORTH SHORE TOWING TOW #555 580.00 7710.65060 NORTH SHORE TOWING TOW #62 525.00 7710.65060 NORTH SHORE TOWING TOW-HOOK HEAVY DUTY #451 262.50 7710.65060 NORTH SUBURBAN AUTO SUPPLY DRUM REPAIR #585 73.24 7710.65060 ORLANDO AUTO TOP SCHOOL BUS SEAT REPAIR 2,210.00 7710.65060 PATTEN INDUSTRIES OUTSIDE REPAIR #552 1,272.05 7710.65060 PATTEN INDUSTRIES ENGINE SERVICE #683 1,943.28 7710.65060 PATTEN INDUSTRIES 1000 HOUR SERVICE #642 1,272.05 7710.65060 PATTEN INDUSTRIES WIRING REPAIR #642 4,192.92 7710.65060 PATTEN INDUSTRIES MOTOR GRADER VALVE #683 1,270.17 7710.65060 R.A. ADAMS ENTERPRISES INC,BRAKE SHOE ASSYM. #585 157.70 7710.65060 REGIONAL TRUCK EQUIPMENT CO. TOOL BOX CABLE 28.26 7710.65060 RG SMITH EQUIPMENT COMPANY HYDRAULIC PUMP 1,043.88 7710.65060 SIGLER'S AUTOMOTIVE & BODY SHOP BODY REPAIR #528 3,783.80 7710.65060 SIGLER'S AUTOMOTIVE & BODY SHOP OUTSIDE REPAIR #450 399.00 7710.65060 SPEX HAND WASH - 1235 DODGE 14 CAR WASHES 128.00 7710.65060 SPEX HAND WASH - 1235 DODGE 14 CAR WASHES 127.50 7710.65060 SPEX HAND WASH - 1235 DODGE 14 CAR WASHES 136.00 7710.65060 SPEX HAND WASH - 1235 DODGE 14 CAR WASHES 128.00 7710.65060 SPEX HAND WASH - 1235 DODGE 14 CAR WASHES 139.00 7710.65060 SPEX HAND WASH - 1235 DODGE 14 CAR WASHES 149.00 7710.65060 STANDARD EQUIPMENT COMPANY BENT HANDLE 41.50 7710.65060 STANDARD EQUIPMENT COMPANY PEL STRIP BROOMS 925.17 7710.65060 STANDARD EQUIPMENT COMPANY BOLT/SCREW 36.38 7710.65060 STANDARD EQUIPMENT COMPANY CAP RETURN 26.69- 7710.65060 STANDARD EQUIPMENT COMPANY SECTION SEAL 89.60 7710.65060 STANDARD EQUIPMENT COMPANY BRAKE JOB 916.84 7710.65060 STANDARD EQUIPMENT COMPANY BRAKE CONTROL CABLE 1,888.83 7710.65060 STANDARD EQUIPMENT COMPANY GW BEARING WASHER 7.62 7710.65060 STANDARD EQUIPMENT COMPANY BRAKE SHOE KITS 3,488.70 7710.65060 STANDARD EQUIPMENT COMPANY BRAKE SHOE KIT #667 776.90 7710.65060 STANDARD EQUIPMENT COMPANY FUEL CAP 26.69 7710.65060 WIRFS INDUSTRIES INC.FIRE EQUIPMENT ANNUAL INSPECTION 1,051.86 7710.65060 1ST AYD CORP.REFRIGERANT 306.28 7710.65060 A & A TRANSMISSION CORP.OUTSIDE REPAIR #2005 1,265.26 7710.65060 ALLTECH AUTO INC.OUTSIDE REPAIR #257 851.60 7710.65060 BUCK BROTHERS, INC.OUTSIDE REPAIR #555 1,176.62 7710.65060 BUCK BROTHERS, INC.IGNITION COIL 366.38 7710.65060 BUCK BROTHERS, INC.KEYS #435 8.10 7710.65060 GOLF MILL FORD OUTSIDE REPAIR #516 3,157.84 7710.65060 GOLF MILL FORD TPM SENSORS 117.22 7710.65060 GOLF MILL FORD INERTIA SWITCH #53 42.62 7710.65060 GOLF MILL FORD O RINGS #50 13.76 7710.65060 GOLF MILL FORD MANIFOLD #50 303.27 7710.65060 GOLF MILL FORD CONTROL ARMS ASSYM. #57 892.68 7710.65060 GOLF MILL FORD HEADLIGHT RETAINER 23.52 *Advanced Payment 1742 of 441 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 GOLF MILL FORD FRONT/REAR PADS #259 110.78 7710.65060 GOLF MILL FORD F 350 FR/RR PADS 139.96 7710.65060 GOLF MILL FORD MIRROR ASSYM. #166 162.00 7710.65060 GOLF MILL FORD IDLE AIR CONTROL #307 99.84 7710.65060 GOLF MILL FORD D/S TAIL LIGHT ASSYM.158.67 7710.65060 GOLF MILL FORD LAMP DIODE ASSYM.8.68 7710.65060 GOLF MILL FORD FUEL FILTER CLIPS 28.00 7710.65060 GOLF MILL FORD WIPER MOTOR 154.71 7710.65060 GOLF MILL FORD FAN ASSYM.381.20 7710.65060 GOLF MILL FORD OUTSIDE REPAIR #56 580.79 7710.65060 CERTIFIED LABORATORIES DIESEL-MATE RETURN 662.00- 7710.65060 CERTIFIED LABORATORIES CUT-THRU CLEANER 1,070.87 7710.65060 CHICAGO HARLEY-DAVIDSON OUTSIDE REPAIR #10 225.35 7710.65060 CHICAGO HARLEY-DAVIDSON OUTSIDE REPAIR #3 370.21 7710.65060 CHICAGO INTERNATIONAL TRUCKS, OUTSIDE REPAIR #451 636.55 7710.65060 CHICAGO INTERNATIONAL TRUCKS, FILTER 103.08 7710.65060 CHICAGO INTERNATIONAL TRUCKS, RADIATOR CAP #736 33.29 7710.65060 CHICAGO PARTS & SOUND, LLC BRAKE PADS/ROTORS 623.98 7710.65060 CHICAGO PARTS & SOUND, LLC FILTERS 70.36 7710.65060 CHICAGO PARTS & SOUND, LLC FUEL ADDITIVE 88.92 7710.65060 CARQUEST EVANSTON MICRO-V BELT 36.22 7710.65060 CARQUEST EVANSTON OIL FILTERS 41.48 7710.65060 CARQUEST EVANSTON STANDARD MINI. LAMP 82.86 7710.65060 1ST AYD CORP.SOLVENTS & CLEANERS 694.12 7710.65060 BUCK BROTHERS, INC.IGNITION CAP 26.20 7710.65060 CHICAGO HARLEY-DAVIDSON BATTERY CHARGERS 779.70 7710.65060 CHICAGO INTERNATIONAL TRUCKS, OUTSIDE REPAIR #451 668.89 7710.65060 CHICAGO INTERNATIONAL TRUCKS, KING PIN KIT 276.47 7710.65060 CHICAGO INTERNATIONAL TRUCKS, STARTER #317 322.64 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 128.98 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 125.08 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 125.08 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 166.26 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 166.26 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 166.26 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 166.26 7710.65035 CITY WELDING SALES & SERVICE I WELDING GASES 71.65 7710.65060 COUNTRY GAS CO.CYLINDER RENTAL 29.95 7710.65060 CUMBERLAND SERVICENTER DOOR PANEL 464.27 7710.65060 CUMBERLAND SERVICENTER BOLT/NUT #712 31.64 7710.65060 DOUGLAS TRUCK PARTS THREADLOCKER 49.88 7710.65060 DOUGLAS TRUCK PARTS ALARM/BACK-UP 136.50 7710.65060 DRIVE TRAIN SERVICE & COMPONEN PTO SEAL #614 12.03 7710.65060 DUECO, INC.VERSA LIFT 2,839.05 7710.65060 DUECO, INC.ANNUAL INSPECTION 609.33 7710.65060 DUECO, INC.ANNUAL INSPECTION 472.71 7710.65060 DUECO, INC.ANNUAL INSPECTION 623.26 7710.65060 EVANSTON AUTO GLASS INSTALL SLIDER #166 474.76 7710.65060 EVANSTON CAR WASH & DETAIL CEN 10-CAR WASHES 80.00 7710.65060 EVANSTON AUTO GLASS WINDSHIELD #456 195.00 *Advanced Payment 1843 of 441 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/29/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 153,342.36 154,950.53 00601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 7780.65550 VERMEER MIDWEST # 562 STUMP CUTTER 40,429.00 7780.65550 GOLF MILL FORD E.P.D. REPLACEMENT VEHICLE 35,018.00 75,447.00 75,447.00 00605 INSURANCE FUND 7801 EMPLOYEE BENEFITS 7801.66054 SENIORS CHOICE MONTHLY INVOICE 1,626.52 1,626.52 1,626.52 00700 FIREFIGHTERS PENSION FUND 8000 FIREFIGHTERS' PENSION 8000.61755 NORTHERN TRUST COMPANY *INVESTMENT FEES 3,644.01 8000.61755 BURKE, BURNS & PINELLI, LTD.*LEGAL FEES 1,327.72 4,971.73 4,971.73 TOTAL 2,388,832.18 *Advanced Payment 1944 of 441 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT GENERAL 100.21705 VARIOUS RECTRAC REFUNDS 331.00 2126.62295 ILLINOIS PLUMBERS INSPECTORS ASSOC. CONTINUING EDUCATION CLASS 100.00 2126.62295 ILLINOIS PLUMBERS INSPECTORS ASSOC. CONTINUING EDUCATION CLASS 100.00 531.00 HOME VARIOUS BRINSHORE DEVELOPMENT LLC NSP2 REAL ESTATE ACTIVITIES #47 61,390.08 61,390.08 INSURANCE VARIOUS VARIOUS WORKERS COMP 3,349.89 VARIOUS VARIOUS WORKERS COMP 7,560.45 VARIOUS VARIOUS CASUALTY LOSS 10,977.69 VARIOUS VARIOUS CASUALTY LOSS 671.40 22,559.43 NSP2 VARIOUS BRINSHORE DEVELOPMENT LLC NSP2 REAL ESTATE ACTIVITIES #47 41,210.98 41,210.98 SEWER 7605.68305 IEPA LOAN DISBURSEMENT SEWER FUND 307,636.02 7622.68305 IEPA LOAN DISBURSEMENT SEWER FUND 165,695.83 7623.68305 IEPA LOAN DISBURSEMENT SEWER FUND 291,948.30 7525.68305 IEPA LOAN DISBURSEMENT SEWER FUND 317,397.49 1,082,677.64 1,208,369.13 Grand Total 3,597,201.31 PREPARED BY DATE APPROVED BY DATE CITY OF EVANSTON BILLS LIST CURRENT YEAR PERIOD ENDING 05/28/2013 *Advanced Payment 2045 of 441 For City Council meeting of May 28, 2013 Item A3.1 Business of the City by Motion: Purchase of Leak Detection Equipment For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Utilities Director Kristin Rehg, Management Analyst Subject: Single Source Purchase of Leak Detection Equipment from Fluid Conservation Systems Date: May 16, 2013 Recommended Action: Staff recommends approval of a single source purchase of water main leak detection equipment from Fluid Conservation Services (502 Technecenter Drive Suite B, Milford, OH 45150) in the amount of $53,060. Funding is provided from the Water Fund. Funding Source: Funding for this purchase will be from the Water Fund, Account 7130.65702. The FY 2013 budget in this account for the purchase of leak detection equipment is $60,000. Background: The Utilities Department utilizes a leak noise correlator to identify and locate leaks in the pressurized water mains. Leak detection is a critical component of distribution system maintenance for several reasons:  Repair leaks in advance of street resurfacing, to avoid excavation work on a newly repaved street.  Reduce the amount of treated drinking water that is lost from leaks.  Reduce the instance of severe water main breaks by repairing the mains when they are only experiencing small leaks.  Identify where a broken water main is actually leaking, which is not always directly right below where the water is surfacing. The existing correlator, which was purchased in 1995, is nearing the end of its useful life and a replacement correlator is needed to ensure accuracy during leak detection. Newer leak detection technology allows for more efficient use of this equipment. The newer leak detection equipment utilizes leak noise loggers, which detect the presence Memorandum 46 of 441 of a leak on a segment of water main but does not pinpoint the exact locate the leak. The loggers can be set up quickly and left in place for several hours while crews perform other tasks. If a leak is not detected, the correlation work is not required. In short, loggers eliminate the need for leak correlation on every water main, and allow for more proactive leak detection throughout the entire distribution system. Analysis: Three companies were found that manufacture leak detection equipment that provide both correlators and loggers: Vendor Address Fluid Conservation Systems (FCS) 502 Technecenter Dr. Ste. B, Milford, OH 45150 Sewerin (represented by Eden Brothers) P.O. Box 247, Saint James, MO 65559 Metrotech Corporation 3251 Olcott Street, Santa Clara, CA 95054 These three companies were invited to demonstrate their equipment on the Evanston distribution system. The Metrotech system failed to locate a known leak after several attempts. The Sewerin system came within a few feet of a known leak after two attempts. Only the FCS system was able to exactly pinpoint a known leak on the first attempt. A repeat attempt using an alternate (and less ideal) equipment setup also pinpointed the leak on the first try. The ability to precisely locate a leak on the first attempt is critical, as excavating in the wrong location wastes time, water, and money (approximately $2,200 per excavation, not including the cost of street restoration). Below is a summary of the quotes received from these vendors following their demonstrations in Evanston. Vendor Price Fluid Conservation Systems (FCS) $53,060 Sewerin $32,990 Metrotech Corporation $32,990 The FCS leak detection system is recommended. Though it is the highest cost, it also has the highest accuracy. The Utilities Department uses the existing leak correlator to locate approximately 10 leaks per year. At an average cost of $2,200 per excavation for leak repairs, the $20,000 price difference could potentially be made up in the first year, as the FCS system is the only one with the demonstrated ability to accurately locate a leak on the first try. The alternative to replacing the existing leak correlator is to contract out the leak detection work each year. At a minimum, this work would consist of proactive leak detection on streets to be resurfaced, and locating an average of 10 known leaks. Based on recent quotes from local leak detection service providers, these services would cost approximately $9,000 per year. 47 of 441 The anticipated life of the new equipment is 10 years. Purchasing the FCS leak detection system would result in a six-year payback period when compared to the cost of contracting out this work. Furthermore, this system will allow for proactive leak detection beyond only those streets slated for resurfacing each year. This is especially important given the recent proposal by the Illinois Department of Natural Resources to allow for less water main leakage in communities using Lake Michigan water. The quote from FCS is attached, along with a certification from the manufacturer to indicate that this equipment is only available for purchase directly from the factory. FCS does not sell its equipment through third party vendors or manufacturers’ representatives. Therefore, the attached quote is the confirmed lowest price for this equipment. Pending authorization to purchase this equipment, it is our intention to advise neighboring communities that Evanston would be willing to loan this equipment to them for a slight fee in furtherance of the City’s goal to reduce costs through shared services with nearby communities. If these communities are interested, they would be requested to send representatives to the manufacturers’ equipment training. Attachment FCS Quote 48 of 441 49 of 441 50 of 441 January 16, 2013 Mr. Tim Bartus Distribution Supervisor City of Evanston Water and Sewer Dear Mr. Bartus: Thank you for your interest in Fluid Conservation Systems’ (FCS) leakage control products. The purpose of this letter serves to confirm that the FCS TriCorr Touch Leak Correlation System, is manufactured by Fluid Conservation Systems Inc., and is only available for purchase directly from FCS and is not available through non-FCS distributors or manufacturer’s representatives. FCS is the Sole Source for the sale, service, and technical support of the TriCorr Touch and does not authorize these activities to any outside source. The Fluid Conservation Systems Inc. TriCorr Touch Correlation System is the only one in the industry to offer the following features: ♦ The TriCorr Touch is the first stand-alone correlator to feature a high visibility full color Video Graphics Array touch screen to greatly improve data entry and the quality of data presentation. ♦ The TriCorr Touch is the only correlator that has the tri-filter correlation option which performs three correlations at different filter settings simultaneously, which is particularly useful when filter settings (pipe and material) is uncertain. ♦ The TriCorr Touch outstation is compact with high quality, long range radio transmission; it also features a magnet to secure onto metallic street fixtures. ♦ Correlator Snapshot Feature which allows saving and viewing multiple correlation graphs at the same time. ♦ Complete system in case charging facility for single 12V DC connector. ♦ The TriCorr Touch TCT Sensor is rated at 25 volts per g highest in the industry that enables it to perform well even in traditionally difficult conditions, such as on plastic and large diameter pipes. If you have any further questions regarding the sale and support of the TriCorr Touch, please contact me at (800) 531-5465. Sincerely, Laurance Davies Managing Director 502 TechneCenter Drive Suite B, Milford, Ohio 45150 Ph: 1-800-531-5465 Fax: 513-831-9336 51 of 441 Page 1 of 2 For City Council meeting of May 28, 2013 Item A3.2 Business of the City by Motion: Camera and Sound System for Council Chambers For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Matt Swentkofske, Intergovernmental Affairs Coordinator Subject: New Camera, Mixer and Microphones for the City Council Chambers Date: May 28, 2013 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for the purchase and installation of new video cameras, mixer and microphones (Bid No. 13-33) with AVI Systems (621 Busse Rd., Bensenville, IL) in the amount of $43,167.00. Funding Source: Funding is provided by the PEG dedicated funds from FY 2012 & 13 (Account 1510.52181- PEG Fees) Summary: The video and audio technology used to cover meetings in the City Council chamber is obsolete and failing. This bid will cover the purchase, delivery and installation of four new high definition cameras, sub-compact remote camera controller, sub-compact High Definition/Standard Definition live Switcher with built-in MultiViewer and fourteen new microphones. Three of the four cameras will replace the three existing cameras currently within the Council Chambers. The fourth camera will be placed on the western wall of the Council Chambers off to one side to capture comments arriving from the center podium. The remote camera controller and switcher will be installed into the existing control room replacing most of the existing and obsolete equipment in the Evanston Community Television (ECTV) control room. The bidder will do installation of the new equipment and remove superfluous older gear. Remaining equipment shall stay property of the City of Evanston. Bids for the subject project were opened and publicly read on Tuesday, April 25, 2013. One contractor submitted a proper bid for this project. Memorandum 52 of 441 Page 2 of 2 Contractor Information: Contractor Address AVI Systems 621 Busse Road, Bensenville, IL 60106 The bids were reviewed by Matt Swentkofske, Intergovernmental Affairs Coordinator. Below is a bid tabulation showing the bid received. Item Quantity Unit Price Extended Price Cameras 4 $5,344 $21,376 Mixer 1 $3,942 $3,942 Microphones 14 $257 $3,598 Remote Controllers 1 $2,226 $2,226 Labor 73 hours $125 per hour Ancillary Charges 1 $2,900 Total $43,167 Attachments: AVI Bid MWEBE Memo 53 of 441 54 of 441 55 of 441 56 of 441 57 of 441 58 of 441 59 of 441 60 of 441 61 of 441 62 of 441 63 of 441 64 of 441 65 of 441 66 of 441 67 of 441 68 of 441 69 of 441 70 of 441 71 of 441 72 of 441 73 of 441 74 of 441 75 of 441 76 of 441 77 of 441 78 of 441 79 of 441 Bid # 13-33 New Audio/Visual Equipment for Council Chambers, M/W/EBE Waiver, AVI, 5-9-13 To: Matt Swentkofske, Intergovernmental Affairs Coordinator From: Joseph McRae, Deputy City Manager Subject: Bid # 13-33 New Audio/Visual Equipment for Council Chambers Date: May 9, 2013 The goal of the Minority, Women, and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City has established a 25% M/W/EBE subcontracting participation goal for general contractors. However, Bid #13-33 New Audio/Visual Equipment for Council Chambers precludes subcontracting opportunities. Therefore, a waiver is granted. Cc: Martin Lyons, Assistant City Manager/CFO Louis Gergits, Finance Manager Memorandum 80 of 441 For City Council meeting of May 28, 2013 Item A3.3 Business of the City by Motion: Video Recording System for Police Cars For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Richard Eddington, Chief of Police Subject: Sole Source Purchase of Flashback 2 Video Recording System for Patrol Squad Cars Date: April 10, 2013 Recommended Action: Staff recommends approval for the sole source purchase of twenty (20) Flashback 2 in- car video recording systems from L3 Mobile-Vision, Inc (90 Fanny Rd., Boonton, NJ 07005) in the amount of $50,100.00 Funding Source: Funding is provided by Patrol Operations Minor Equipment Account 2210.65085. The total amount budgeted for FY2013 is $52,290.00. Summary: Since 2006, the Police Department has been utilizing the L3-Mobile Communications FLASHBACK system exclusively for the in-car event recording. This system has several proprietary components, such as the back end recording storage server, access points, microphones and the DVR systems. This purchase will replace aging DVRs with newer models that have better imaging capability while staying with the same format of the existing system. Attachments: Quote Sole Source Justification Memorandum for Sole Source Justification Memorandum 81 of 441 82 of 441 83 of 441 84 of 441 For City Council meeting of May 28,2013 Item A3.4 Business of the City by Motion: Agreement for 2013 Summer Food Program For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Douglas J. Gaynor, Director of Parks, Recreation and Community Services Bob Dorneker, Assistant Director, Parks, Recreation and Community Services Subject: Approval of Renewal Agreement for the 2013 Summer Food Service Program (Bid 11-01) Date: May 28, 2013 Recommended Action: Staff recommends City Council approve the renewal agreement for the 2013 Summer Food Service Program to Open Kitchens Inc. (1161 West 21st Street, Chicago, Il) in the not-to-exceed amount of $2.446 per lunch. Estimated total value of the food costs for the program are $86,500. Funding Source: This is a reimbursement program in which the total amount of reimbursement the City will receive is solely dependent upon the number of lunches served and varies depending on the levels of participation. The City’s estimated reimbursement is calculated using the highest daily participation level stated in our application. Funding for this program is budgeted in business unit 3050, Recreation Outreach Program. Overall budgeted expenses for the 2013 program are $115,092 which includes staffing seasonal salaries, social security, medicare, advertising, program supplies, sanitation fees, health inspections and food costs. Expense Account 3050.65025 (Food costs) $86,500 Estimated revenue reimbursed to revenue account 3050.53565 $103,000 Summary: The City participates in a Summer Food Service Program with the Federal Government through the Illinois State Board of Education to provide free lunches to all youth ages 1- 18. Currently, the lunch program is scheduled to be held Mondays through Fridays, June 17 – August 23, 2013, at four sites in Evanston (Robert Crown Center, Fleetwood- Jourdain Center, Mason Park and James Park). A sample of the 2013 11-day rotating lunch menu is attached. Staff is currently in the process of finalizing 2013 menus. Staff estimates a daily participation level of 675 lunches per day and it is likely that participation in the program will exceed the estimated levels. Should the program Memorandum 85 of 441 Page 2 of 2 exceed current projections, it may be necessary to increase the funding allocation for this program (business unit 3050); however, the more lunches that are served, the more reimbursement funding the City will receive to offset the cost of the program. The current rate of reimbursement set by the Federal Government is $3.4125 per lunch served. Summary of Summer Food Service Program 2012 Expenditures for the four program sites in the City: $114,592 Actual reimbursement: $ 106,040 Number of lunches served: 31,877 The 2010 contract awarded to Open Kitchens, 1161 W 21st Street Chicago, IL 60608, allows for a renewal annually for four additional one year periods and limits price increases to the measurable index of the Consumer Price Index for All Urban Consumers. The 2013 rate for lunches can be no higher than $2.446 to renew this contract, which Open Kitchens has submitted a renewal contract reflecting the $2.446 per lunch rate. A copy of the renewal document is attached. Open Kitchens, Inc. supplied the lunches for the program last year without any problems. Their pricing per lunch is within the budgeted reimbursement amount pre- determined by the Federal Government and our estimate of providing 675 lunches daily for the program. Amy Bianco, Illinois State Board of Education Program Contract Administrator, has also preliminary reviewed and approved the 2013 renewal from Open Kitchens Inc. Following the City of Evanston’s approval, the Illinois State Board of Education Nutrition Program will consider the contract renewal. Attachments: 2013 Renewal Agreement Lunch Menu 86 of 441 87 of 441 88 of 441 89 of 441 90 of 441 91 of 441 92 of 441 93 of 441 94 of 441 95 of 441 For City Council meeting of May 28, 2013 Item A3.5 Business of the City by Motion: 2013 Ecology Center Greenhouse Addition Project For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Homayoon Pirooz, P.E., Assistant Director of Public Works Stefanie Levine, RLA, Public Works Subject: Contract Award Recommendation to Construction Consulting & Disbursement Services, Inc. for the 2013 Ecology Center Greenhouse Addition Project, Bid #13-16 Date: May 28, 2013 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for the base bid for the 2013 Ecology Center Greenhouse Addition Project with Construction Consulting & Disbursement Services, Inc. located at 900 Skokie Boulevard, Suite 100, Northbrook, Illinois 60062, in the amount of $ 175,000.00. Funding Source: FY 2013 CIP Fund Account No. 415688: $ 115,000.00 FY 2013 CIP Amendment: $ 71,988.00 Total Funding: $ 186,988.00 Summary: The existing greenhouse structure at the Ecology Center is deteriorated and is in danger of failing, bringing up a variety of safety concerns. It currently does not meet building and ADA code requirements. In order to eliminate safety concerns and provide the Ecology Center with a usable space to facilitate their programs, the existing greenhouse needs to be removed in its entirety and a new greenhouse similar in footprint will need to be constructed. The City hired Behles + Behles, an architectural consulting firm, to start performing the design work at the end of 2012. On March 14, 2013 the City issued bid documents for the project and on April 9, 2013 the City received and publicly read seven (7) bids. Bid results were as follows: Memorandum 96 of 441 After review of the bids, Builders Land, Inc., was rejected for being non-responsive to the City’s M/W/EBE goals. As a result, staff recommends that the base bid be awarded to the second lowest bidder, Construction Consulting & Disbursement Services, Inc. (CCDS) for the lump sum amount of $175,000.00. Our consultant, Behles + Behles, has checked CCDS’s references and have received favorable feedback. One reference stated that for two projects that CCDS performed for them “the communication was great and it was a very smooth process.” Construction Consulting & Disbursement Services, Inc. is in compliance with the City’s M/W/EBE goa ls (please see attached memorandum for additional information). A breakdown of funding for this project is as follows: Account Summary CIP Account 415688 (FY 2013) $115,000.00 CIP Amendment (FY 2013) $ 71,988.00 Encumbrances / expenditures to date* -$11,988.00 Recommended bid award -$175,000.00 Balance Remaining $0.00 * Encumbrances/expenditures to date include consultant fees for design work performed in FY 2013 and pending consultant fees for construction administrative work. Construction of this project is scheduled to begin in summer 2013. The current substantial completion deadline is October 28, 2013. ------------------------------------------------------------------------------------- Attachments: M/W/EBE Memo Contractor Total Base Bid Amount Builders Land, Inc., 2035 S. Arlington Heights Road, Suite 101-A, Arlington Heights, IL 60005 $134,099.56 Construction Consulting & Disbursement Services, Inc., 900 Skokie Boulevard, Suite 100, Northbrook, IL 60062 $175,000.00 Corebuilt Contracting, Inc., 2200 Grey Avenue, Evanston, IL 60201 $212,700.00 Kovilic Construction, 3721 N. Carnation Street, Franklin Park, IL 60131 $214,000.00 G. A. Johnson & Son, 828 Foster Street, Evanston, Illinois 60201 $223,880.00 DCM Group, Inc., 4703 W. Addison, Unit 3C, Chicago, IL 60641 $229,000.00 Roberts Construction Group, Inc., 1319 Emerson Street, Evanston, IL 60201 $295,939.01 97 of 441 Bid No. 13-16, Contract for Construction Consulting & Disbursement Services, Inc., M/W/EBE Compliance Approval, 2013 Ecology Center Greenhouse Addition Project To: Suzette Robinson, Director of Public Works From: Joseph McRae, Deputy City Manager Subject: Contract for Bid No. 13-16 Date: May 23, 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. 13-16, Contract to Construction Consulting & Disbursement Services, Inc. for the 2013 Ecology Center Greenhouse Addition Project is found to be in initial compliance with the goal because they have met the City M/W/EBE goal. Construction Consulting & Disbursement Services, Inc. for a total base bid is $175,000, and will receive 27% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE F.E. Rooftec Roofing $20,200.00 11% X C.T Mechanical Mechanical 30,000.00 16% X Total M/W/EBE $50,200.00 27% Cc: Martin Lyons, Assistant City Manager/CFO Memorandum 98 of 441 To: Honorable Mayor, Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Homayoon Pirooz, P.E., Assistant Director of Public Works Stefanie Levine, RLA, Public Works Subject: Recommendation for Professional Consulting Services for the 2013 Fire Station #2 Renovation Project – RFP #13-13 Date: May 28, 2013 Recommendation Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 Fire Station #2 Renovation Project to McGuire Igleski & Associates, Inc. located at 1330 Sherman Avenue, Evanston, Illinois at a total cost of $22,527.00. Funding Sources 2013 CIP Amendment Account #415827: $53,000 Discussion The City is planning to provide a variety of interior improvements to Fire Station #2 located at 702 Madison Street which was last renovated in 1994. Planned work includes: redesign and reconstruction of the first floor living quarters including potential layout revisions, replacement of deteriorated flooring systems, replacement of all kitchen components (countertops, cabinetry, sink, appliances, hood, etc.), replacement of lighting systems, installation of ceiling systems, painting of walls and trim and modifications to the existing mechanical, plumbing and electrical systems within these areas as required. Due to the project’s extensive scope, design work must be performed by a professional architectural consultant. Staff issued a Request for Proposal (RFP) #13-13 on February 14, 2013 to hire a professional consultant to provide the required design solutions. On March 19, 2013, the Purchasing Division received proposals from eight professional consulting firms as noted below: Memorandum For City Council meeting of May 28, 2013 Item A3.6 Business of the City by Motion: Consultant for 2013 Fire Station #2 Renovations For Action 99 of 441 Consultant Address Altusworks, Inc. 4224 N. Milwaukee Avenue, Chicago, Illinois 60641 Behles + Behles 818 Church Street, Evanston, Illinois 60201 BKV Group 343 S. Dearborn Street, Suite 201, Chicago, Illinois 60604 Bowman Consulting Group 180 N. Stetson Avenue, Suite 1500, Chicago, Illinois 60601 Ehlke Lonigro Architecture 3424 N. Old Arlington Heights Road, Arlington Heights, Illinois 60004 McGuire Igleski & Associates, Inc. 1330 Sherman Avenue, Evanston, Illinois 60201 Muller & Muller, Ltd. 700 N. Sangamon, Chicago, Illinois 60642 Tria Architecture 901 McClintock Drive, Suite 100, Burr Ridge, Illinois 60527 A committee was developed to review and evaluate the proposals consisting of the following members: Ashley Porta/Administrative Services, Tammi Turner/Administrative Services, Geoff Block/Fire Department, Mike Whalen/Fire Department, Stefanie Levine/Parks, Recreation & Community Services and Anil Khatkhate/Parks, Recreation & Community Services. Each committee member individually reviewed the proposals based on evaluation criteria outlined in the project’s RFP as stated below: 1. Qualifications and Expertise (30%) 2. Price (30%) 3. Organization and Completeness of Proposal (5%) 4. Willingness to Execute the City of Evanston’s Standard Agreement (10%) 5. M/W/EBE Participation (10%) 6. Narrative Understanding of Project Goals and Requirements (10%) 7. Ability to Meet or Exceed Schedule (5%) Following individual review of the proposals, the committee met to discuss their findings. The committees then interviewed the top three candidate firms (BKV Group, McGuire Igleski & Associates and Muller & Muller) which the committee agreed were the most qualified based on their written proposals and demonstrated expertise with similar projects. After the interviews, the committee met again to discuss the three consultants, score the short-listed firms and decide which firm to recommend for project award. The committee recommends that McGuire Igleski & Associates, Inc. be awarded this work based on their previous experience with similar projects, demonstrated understanding of the project, participation in meeting the City’s M/W/EBE goal and positive prior experience working with the City. Staff has worked with McGuire Igleski & Associates on multiple projects, including the recent Fire Station #4 Renovation Project with successful results. A scoring breakdown of the three interviewed firms is as follows: 100 of 441 Consultant Fee Qualifications & Expertise Proposal Organization Understanding of Project Goals Price Willingness to Contract Agreement Ability to Meet Schedule M/W/EBE Participation Total (100) BKV Group $39,000 28 5 10 12 10 4 9 78 McGuire Igleski $22,527 27 4 7 29 10 4 10 91 Muller & Muller $30,528 27 4 6 19 4 3 10 73 Based on the scoring results the review committee recommends award of the subject project to McGuire Igleski & Associates, Inc. at a total cost of $22,527.00. Of all RFP respondents, the committee felt that McGuire Igleski & Associates demonstrated the highest degree of overall expertise relative to this project and would provide the required services at the best overall value to the City. A copy of McGuire Igleski & Associate’s contract is attached for your reference. McGuire Igleski & Associates is an EBE firm and thus meets the City’s M/W/EBE participation goal (See attached M/W/EBE memo for additional information). A breakdown of proposed funding for this project is as follows: Item Amount Project Funding $53,000 Expenses / encumbrances to date (RFP advertisement) -$660 Recommended Award -$22,527 Remaining Balance $29,813 The tentative schedule for this project is to perform design work in 2013 and construct the project, provided adequate CIP funding is allocated, in the summer of 2014. The remaining balance of funds will be used to replace deteriorated carpeting in the Fire Station’s second floor as well as to perform more complex mechanical, electrical and plumbing engineering, if required, as a result of the pending design of this project. ------------------------------------------------------------------------------------- Attachments: Contract M/W/EBE Memo 101 of 441 102 of 441 103 of 441 104 of 441 105 of 441 106 of 441 107 of 441 108 of 441 109 of 441 110 of 441 111 of 441 112 of 441 113 of 441 114 of 441 RFP No. 13-13, Contract for Consulting Service with McGuire Igleski & Associates, Inc., M/W/EBE Compliance Approval, 2013 Fire Station Renovation Project To: Suzette Robinson, Director of Public Works From: Joseph McRae, Deputy City Manager Subject: Recommendation for Professional Consulting Service for the 2013 Fire Station #2 Renovation Project – RFP No. 13-13 Date: May 23, 2013 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to RFP No. 13-13, Contract to McGuire Igleski & Associates, Inc. for the 2013 architectural services for interior improvements at Fire Station # 2 is found to be in initial compliance with the goal because they have met the City of Evanston M/W/EBE goal. McGuire Igleski & Associates, Inc. for a total base bid is $22,527.00, and will receive 100% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE McGuire Igleski & Associates, Inc. Architectural Service $22,527.00 100% X Total M/W/EBE $22,527.00 100% Cc: Martin Lyons, Assistant City Manager/CFO Memorandum 115 of 441 For City Council meeting of May 28, 2013 Item A3.7 Business of the City by Motion: Contract for Pavement Marking For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Jim Maiworm, Superintendent of Streets and Sanitation Subject: Approval of Participation in a Joint Contract for Pavement Marking Date: May 28, 2013 Recommended Action: Staff recommends City Council approval to participate in a contract extension through the Suburban Purchasing Cooperative (SPC) for pavement marking services. Participation in this contract extension will allow the City of Evanston to apply thermoplastic marking materials at various locations throughout the City in support of the pedestrian safety program. Participation in this contract would not exceed $75,000. Funding Source: Funding is provided by the Capital Improvement Fund Account 415937.65515, which has $275,000 budgeted for signage and pavement striping for pedestrian safety. Summary: In April 2012, staff from the SPC solicited bids for thermoplastic pavement marking services. The proposed contract was for a one-year period with the right to extend the contract for up to three, one-year periods. This year represents the first contract extension of a possible three. The pricing for 2013 follows: Item Description Unit of Measure Unit Cost 4” Thermoplastic marking line Linear Foot $0.52 6” Thermoplastic marking line Linear Foot $0.78 12” Thermoplastic marking line Linear Foot $1.56 24” Thermoplastic marking line Linear Foot $3.90 Thermoplastic marking letters & symbols Square Foot $3.90 Thermoplastic marking removal Square Foot $0.72 Memorandum 116 of 441 Page 2 of 2 The Suburban Purchasing cooperative is a group of 135 municipalities in the six county areas of northern Illinois. Every municipality and government agency in the State of Illinois is eligible to participate in this program. Staff recommends approval to participate in the Suburban Purchasing Cooperative thermoplastic markings contract for one year for the 2013 pavement marking season. 117 of 441 For City Council meeting of May 28, 2013 Item A3.8 Business of the City by Motion: Contract for Emergency Vehicle Lighting For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Lonnie Jeschke, CPFP, Fleet Manager Subject: Contract Award for Emergency Lighting & Sirens (Bid #13-15) Date: March 25, 2013 Recommended Action: Staff recommends City Council authorize the City Manager to execute a one (1) year contract with three (3) one (1) year renewals with Havey Communications Inc. (28835 Herky Drive # 117, Lake Bluff, Illinois 60044) for the purchase of emergency lighting, sirens and after-market products and services in the amount of $68,973.60. Funding Source: Funding is provided by the Equipment Replacement Fund 7780.65550 ($34,486.80) and from the Fleet Maintenance Fund 7710.65060 ($34,486.80). Summary: In March 2013, staff solicited bids for the purchase of emergency lighting, sirens and after-market products for Police, Fire and various other departments. The proposed contract is for a one (1) year period, with the right to extend the contract for up to three (3), one (1) year periods. Havey Communications Inc. was the successful bidder with the lowest bid price. Bids were advertised with a due date of March 12, 2013. Bids were received as follows: Company Name City/State Description Bid Amount Havey Communications Lake Bluff, Illinois Parts & Services $68,973.60 Ultra Strobe Communications Crystal Lake, Illinois Parts & Services $83,477.80 Auto Truck Group Bartlett, Illinois Parts & Services $94,168.00 Dual Fuel Systems (Diversified Fleet Services) Batavia, Illinois Parts & Services $124,436.00 Memorandum 118 of 441 Page 2 of 2 Based on Bid # 13-15 results, staff recommends approval of the award to Havey Communications Inc. as the lowest responsive and responsible bidder to provide lights, sirens & after-market products to the City. They have been a responsive and responsible vendor for last couple of years. There is no Evanston based business that can provide these products & services. Attachments: Bid Tab Sheet MWEBE Memo 119 of 441 120 of 441 Bid No. 13-09, 2013 CIPP Sewer Rehabilitation Contract A, M/W/EBE Waiver, SAK Construction, LLC, 3-27-13 To: Suzette Robinson, Director of Public Works From: Joseph McRae, Deputy City Manager Subject: Bid No. 13-15 2013 Emergency Lighting & Sirens Date: May 23, 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- 15 2013 Emergency Lighting & Sirens precludes subcontracting opportunities. Therefore, a waiver is granted. Cc: Martin Lyons, Assistant City Manager/CFO Louis Gergits, Finance Manager Memorandum 121 of 441 For the City Council Meeting of May 10, 2010 Item # For City Council Meeting of May 28, 2013 Item A3.9 Business of the City by Motion: Eight (8) Replacement Vehicle Purchases For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Lonnie Jeschke, CPFP, Manager Fleet Services Subject: Eight (8) Vehicle Replacement Purchase for Evanston Police Department Date: May 17, 2013 Recommended Action: Staff recommends City Council approval for the purchase of eight (8) replacement vehicles/units for the Evanston Police Department in the amount of $222,273.98 from Currie Motors, 9423 W. Lincoln Highway, Frankfort, Illinois 60423, which is the Northwest Municipal Conference Suburban Purchasing Cooperative Competitive Bid (SPC) winner. Funding Source: Funding is provided by the Equipment Replacement Fund (7780.65550) in the amount of $222,273.98, which represents 12.5% of FY2013 budget for replacement vehicles and equipment. Summary: The details of the vehicles/units to be replaced are listed below: Division Unit # Description Model Year Condition Original Purchase Price L.T.D. Repair $$’s NET 23 Crown Vic 2004 Very Poor $23,811.00 $29,934.10 Problem Solving 37 Crown Vic 2004 Poor $23,732.00 $24,020.73 Patrol 43 Crown Vic 2004 Poor $24,837.00 $25,704.09 Crim. Inv. 64 Crown Vic 2003 Poor $22,717.01 $21,801.00 Memorandum 122 of 441 2 Tact. Bureau 72 Crown Vic 2004 Poor $23,732.00 $22,410.28 Crim. Inv. 74 Crown Vic 2004 Poor $23,732.00 $25,265.86 Juvenile 86 Crown Vic 2003 Very Poor $23,009.00 $28,938.87 Community Strategy 97 Crown Vic 2004 Poor $24,356.00 $17,310.45 The recommended replacement unit purchases are as follows: Division Unit # Replacement Description Model Year Purchase Price Type of Bid Vendor NET 23 Ford Police Interceptor 2014 $27,390.14 NWMC Bid Currie Motors Problem Solving 37 Ford Police Interceptor 2014 $27,390.14 NWMC Bid Currie Motors Patrol 43 Chevy Tahoe 2013 $31,734.00 NWMC Bid Currie Motors Crim. Inv. 64 Ford Police Interceptor 2014 $27,390.14 NWMC Bid Currie Motors Tact. Bureau 72 Ford Police Interceptor 2014 $27,390.14 NWMC Bid Currie Motors Crim. Inv. 74 Ford Police Interceptor 2014 $26,993.14 NWMC Bid Currie Motors Juvenile 86 Ford Police Interceptor 2014 $26,993.14 NWMC Bid Currie Motors Community Strategy 97 Ford Police Interceptor 2014 $26,993.14 NWMC Bid Currie Motors The vehicles listed for replacement support daily operations of the Evanston Police Department. The replacement of these eight (8) vehicles is crucial for safe, reliable, and cost effective operations on a daily basis for each of these divisions. The Northwest Municipal Conference Suburban Purchasing Cooperative Competitive Bid (SPC) winner, Currie Motors, will be utilized for the purchase of these replacement vehicles. Attachments Specifications & pricing for eight (8) vehicle replacement purchases. 123 of 441 124 of 441 125 of 441 126 of 441 127 of 441 128 of 441 129 of 441 130 of 441 131 of 441 132 of 441 133 of 441 134 of 441 135 of 441 136 of 441 137 of 441 138 of 441 139 of 441 140 of 441 141 of 441 142 of 441 143 of 441 144 of 441 145 of 441 146 of 441 147 of 441 148 of 441 149 of 441 150 of 441 151 of 441 For City Council meeting of May 28, 2013 Item A3.10 Business of the City by Motion: Contract Extension for Ford Vehicle Parts For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Lonnie Jeschke, CPFP, Fleet Manager Subject: Contract Extension for Ford Original Equipment Manufacturer (OEM) Parts (Bid 12-118) Date: April 30, 2013 Recommended Action: Staff recommends City Council approval of a one-year contract extension for the purchase of Ford Original Equipment Manufacturer (OEM) parts in the amount of $75,000 to Golf Mill Ford Inc. (9401 N. Milwaukee Avenue, Niles, IL 60714). Funding Source: Funding is provided by the Major Maintenance, Materials to Maintain Autos Account, 7710.65060. Funding will be split between FY2013 ($45,000) and FY2014 ($30,000). Background: In April 2012, staff solicited bids for the purchase of Ford OEM parts. The proposed contract was for a one-year period with the right to extend the contract for up to three (3), one-year periods. This is the second one-year contract extension. Summary: Based on a review of current pricing structures and Golf Mill Ford’s record as the lowest responsive and responsible vendor, staff recommends a contract extension to Golf Mill Ford for an additional one-year period from 5/1/13 through 4/30/14 in the amount of $75,000. Golf Mill Ford has provided very good parts and exceptional services to the City of Evanston. There are no Evanston based businesses that provide Ford OEM parts. Memorandum 152 of 441 For City Council meeting of May 28, 2013 Item A3.11 Business of the City by Motion: 2013 Water Main & Street Resurfacing CIP 1 Contract For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Homayoon Pirooz, P.E., Assistant Director for Infrastructure & Engineering Sat Nagar, P.E., Senior Engineer, Infrastructure & Engineering Subject: Contract award for 2013 Water Main Replacement & Street Resurfacing CIP Project One (Bid 13-40) Date: May 16, 2013 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 Water Main Replacement & Street Resurfacing CIP Project One (Bid 13-40) to Glenbrook Excavating & Contracting Inc. (20389 Weiland Road, Prairie View, IL 60069 ) in the amount of $1,998,898.26. Funding Source: Funding is provided by the Water Fund $1,328,251.29 (733086.65515); Sewer Fund $92,247.54 (7420.65515); and CIP Street Resurfacing Fund $578,399.43 (415857.65515). Summary: CIP Project One consists of the 2013 streets segments requiring water main replacements and/or street resurfacing. The water mains to be replaced are developed by the Utilities Department based on the main breaks and age, condition and size of the water main. Sewer funds are used for sewer improvements and water funds are used for water main replacement and street paving over the utility trench. The 2013 street resurfacing segments were selected based on the field review by the Public Works Director and the Alderman for each ward. The City Council approved the final street list on December 10, 2012. As part of the street resurfacing project, deteriorated street segments are improved with new curb, stabilized base material (as needed) and new asphalt pavement surface. Accessible ramps are also built at the street intersections. A location map showing the water main replacement & street resurfacing included in Project One is attached. Memorandum 153 of 441 The bid documents were prepared by in-house Engineering staff and sent to several potential bidders. The project was bid in April and advertised in the Chicago Tribune. The project was also published in the State Contractors Bulletin and on Demand Star. The bids were opened on May 14, 2013. Bids were submitted by Glenbrook Excavating & Contracting Inc., Wauconda, City Construction, Chicago, A. Lamp Concrete Contractors, Schaumburg, Berger Excavating, Wauconda, Landmark Contractors, Huntley and Bolder Contractors Inc., Deerfield. The bid results are correct and in order. A copy of the bid tabulation is enclosed for your review. CONTRACTOR BID PRICE Glenbrook Excavating & Contracting $1,998,898.26 City Construction $2,059,076.36 A. Lamp Concrete Contractors $2,188,610.90 Berger Excavating $2,652,553.14 Landmark Contractors $2,900,018.39 Bolder Contractors $3,356,493.50 The engineer’s estimate for this project is $2,386,009.50. The City’s estimate is based on previous year’s prices considering price incre ases to account for inflation. The first low bid contractor, Glenbrook Excavating & Contracting Inc., is in compliance with the M/W/EBE goal of the City. They are satisfying their M/W/EBE goal by having Ozinga Chicago RMC, Inc. (Evanston Business), Marking Specialists Corporation and Diaz Group L.L.C, (certified MBE Firms), Roughneck Concrete Drilling and Sawing and RA Seaton Contractor Services (both certified WBE Firms) as subcontractors. The total value of the estimated M/W/EBE subcontracted work is 25.69% of the total contract amount. The M/W/EBE schedule and supporting documentation has been reviewed and approved by the City Manager’s office, as indicated in the attached memo. Glenbrook Excavating & Contracting Inc. has worked with the City before on similar projects and completed work on time and within budget. CIP Project Two will consist of additional water main replacement and street resurfacing and will be presented to Council next month. Attachments: Bid Tab Location Map M/W/EBE Memo 154 of 441 BID NO: 13-40DATE: May 14, 2013TIME: 2:00 P.M.ATTENDED BY: AA, SNUNITUNITUNITUNITUNITUNITUNITPRICEPRICEPRICEPRICEPRICEPRICEPRICE1 Temporary FenceFoot9,640$2.00 $19,280.00 $1.00 $9,640.00$3.05 $29,402.00$0.10 $964.00$2.85 $27,474.00$2.92 $28,148.80$2.00 $19,280.002 Tree Trunk ProtectionEach77 $150.00 $11,550.00 $75.00 $5,775.00$87.00 $6,699.00$50.00 $3,850.00 $205.00 $15,785.00 $175.00 $13,475.00$80.00 $6,160.003 Earth Saw Cuts of Tree Roots (Root Prunning)Foot2,140$3.50 $7,490.00 $5.00 $10,700.00$3.75 $8,025.00$0.50 $1,070.00$10.00 $21,400.00$5.90 $12,626.00$3.00 $6,420.004 Thermoplastic Pavement Marking Letters and SymbolsSq.Ft.55$7.00 $385.00 $4.00 $220.00$4.00 $220.00$10.00 $550.00$5.00 $275.00$5.50 $302.50$5.00 $275.005 Thermoplastic Pavement Marking Line-4”Foot796$1.00 $796.00 $1.05 $835.80$1.05 $835.80$2.00 $1,592.00$1.09 $867.64$0.86 $684.56$1.00 $796.006 Thermoplastic Pavement Marking Line-6”Foot1,621$1.50 $2,431.50 $1.70 $2,755.70$1.75 $2,836.75$3.00 $4,863.00$1.50 $2,431.50$1.30 $2,107.30$1.50 $2,431.507 Thermoplastic Pavement Marking Line-8"Foot74$2.00 $148.00 $2.33 $172.42$2.33 $172.42$5.00 $370.00$2.00 $148.00$1.72 $127.28$3.00 $222.008 Thermoplastic Pavement Marking Line-12"Foot208$3.00 $624.00 $3.50 $728.00$3.50 $728.00$8.00 $1,664.00$3.00 $624.00$2.60 $540.80$3.00 $624.009 Thermoplastic Pavement Marking Line-24”Foot508$5.00 $2,540.00 $7.00 $3,556.00$7.00 $3,556.00$9.00 $4,572.00$4.25 $2,159.00$5.20 $2,641.60$6.00 $3,048.0010 Combined Sewers, 30", Special (D.I.P., Cl. 52)Foot30 $260.00 $7,800.00 $275.00 $8,250.00 $353.00 $10,590.00 $350.00 $10,500.00 $313.75 $9,412.50 $375.00 $11,250.00 $400.00 $12,000.0011 Combined Sewers, 10", Special (D.I.P., Cl. 52)Foot46 $150.00 $6,900.00 $85.00 $3,910.00$75.00 $3,450.00 $200.00 $9,200.00$92.25 $4,243.50 $145.00 $6,670.00 $220.00 $10,120.0012 Storm Sewers, 8", Special (D.I.P., Cl. 52)Foot10 $140.00 $1,400.00 $95.00 $950.00$90.00 $900.00 $185.00 $1,850.00 $300.00 $3,000.00 $110.00 $1,100.00 $190.00 $1,900.0013 Earth ExcavationCu.Yd.131$50.00 $6,550.00 $25.00 $3,275.00$34.00 $4,454.00$10.00 $1,310.00$38.60 $5,056.60$44.50 $5,829.50$20.00 $2,620.0014 Trench BackfillCu.Yd.3,652$30.00 $109,560.00 $1.00 $3,652.00$22.00 $80,344.00$25.00 $91,300.00$61.30 $223,867.60$24.75 $90,387.00$16.00 $58,432.0015 Granular BackfillTon938$30.00 $28,140.00 $0.01$9.38$19.00 $17,822.00$5.00 $4,690.00$34.40 $32,267.20$27.00 $25,326.00$24.00 $22,512.0016 Sub-Base Granular Material, Type B (Temporary Use)Cu.Yd.514$30.00 $15,420.00 $1.00 $514.00$30.00 $15,420.00$1.00 $514.00$73.40 $37,727.60$48.25 $24,800.50$1.00 $514.0017 Furnishing and Placing Topsoil, 3”Sq.Yd.4,578$3.00 $13,734.00 $7.50 $34,335.00$5.27 $24,126.06$1.00 $4,578.00$3.75 $17,167.50$5.00 $22,890.00$4.00 $18,312.0018 Sodding, Salt TolerantSq.Yd.4,578$6.00 $27,468.00 $3.50 $16,023.00$6.10 $27,925.80$3.00 $13,734.00$6.00 $27,468.00$7.50 $34,335.00$9.00 $41,202.0019 Aggregate Base Course, Type B, 4”Sq.Yd.867$5.00 $4,335.00 $12.00 $10,404.00$5.27 $4,569.09$5.00 $4,335.00$7.65 $6,632.55$10.40 $9,016.80$16.00 $13,872.0020 Aggregate Base Course, Type B, 6”Sq.Yd.262$7.00 $1,834.00 $20.00 $5,240.00$8.72 $2,284.64$7.00 $1,834.00$10.05 $2,633.10$12.55 $3,288.10$22.00 $5,764.0021 HES PCC Base Course Widening, 9”Sq.Yd.118$55.00 $6,490.00 $55.00 $6,490.00$85.00 $10,030.00$35.00 $4,130.00$65.00 $7,670.00$74.75 $8,820.50$80.00 $9,440.0022 Bituminous Material (Prime Coat)Gal.1,670$2.00 $3,340.00 $3.13 $5,227.10$0.05$83.50$1.00 $1,670.00$0.01$16.70$0.01$16.70$3.00 $5,010.0023 Aggregate (Prime Coat)Ton35$25.00 $875.00 $1.00$35.00$1.00$35.00$1.00$35.00$1.00$35.00$1.00$35.00$50.00 $1,750.0024 Mixture for Cracks, Joints and FlangewaysTon5 $350.00 $1,750.00 $100.00 $500.00$10.00$50.00 $125.00 $625.00 $500.00 $2,500.00 $500.00 $2,500.00 $500.00 $2,500.0025 Leveling Binder, (Mach Meth) N50 (IL 9.5mm)Ton915$80.00 $73,200.00 $82.93 $75,880.95$79.00 $72,285.00$83.00 $75,945.00$89.00 $81,435.00$89.00 $81,435.00$90.00 $82,350.0026 Hot-Mix Asphalt Surface Course, Mix"D", N50(IL 9.5mm)Ton1,483$85.00 $126,055.00 $83.20 $123,385.60$90.60 $134,359.80$88.00 $130,504.00$89.00 $131,987.00$89.00 $131,987.00$90.00 $133,470.0027 Incidental Hot-mix Asphalt SurfacingTon145 $200.00 $29,000.00 $170.00 $24,650.00 $130.00 $18,850.00 $150.00 $21,750.00 $110.00 $15,950.00 $110.00 $15,950.00 $140.00 $20,300.0028 PCC Driveway Pavement, 6”Sq.Yd.158$50.00 $7,900.00 $48.00 $7,584.00$65.00 $10,270.00$45.00 $7,110.00$52.00 $8,216.00$57.70 $9,116.60$90.00 $14,220.0029 PCC Driveway Pavement, 8”Sq.Yd.58$55.00 $3,190.00 $45.00 $2,610.00$90.00 $5,220.00$50.00 $2,900.00$56.00 $3,248.00$63.20 $3,665.60$98.00 $5,684.0030 PCC Sidewalk, 5”Sq.Ft.9,344$4.25 $39,712.00 $5.75 $53,728.00$5.75 $53,728.00$4.20 $39,244.80$4.75 $44,384.00$6.20 $57,932.80$6.00 $56,064.0031 Hot-Mix Asphalt Surface Removal (Variable Depth)Sq.Yd. 13,057$4.00 $52,228.00 $3.85 $50,269.45$5.50 $71,813.50$3.30 $43,088.10$4.25 $55,492.25$4.25 $55,492.25$4.00 $52,228.0032 Pavement RemovalSq.Yd.118$18.00 $2,124.00 $25.00 $2,950.00$12.00 $1,416.00$15.00 $1,770.00$13.85 $1,634.30$18.60 $2,194.80$20.00 $2,360.0033 Driveway Pavement RemovalSq.Yd.262$14.00 $3,668.00 $16.50 $4,323.00$15.00 $3,930.00$12.00 $3,144.00$6.25 $1,637.50$15.75 $4,126.50$20.00 $5,240.0034 Curb RemovalFoot2,729$3.00 $8,187.00 $5.00 $13,645.00$3.00 $8,187.00$3.50 $9,551.50$3.15 $8,596.35$10.70 $29,200.30$6.00 $16,374.0035 Combination Curb and Gutter RemovalFoot1,359$3.00 $4,077.00 $8.00 $10,872.00$3.00 $4,077.00$3.50 $4,756.50$3.35 $4,552.65$10.75 $14,609.25$6.00 $8,154.0036 Sidewalk RemovalSq.Ft.9,970$1.20 $11,964.00 $2.00 $19,940.00$1.25 $12,462.50$1.20 $11,964.00$0.60 $5,982.00$1.75 $17,447.50$1.50 $14,955.0037 Class B Patches, Special, 9” (HES)Sq.Yd.207$70.00 $14,490.00 $78.00 $16,146.00$98.00 $20,286.00$50.00 $10,350.00$75.00 $15,525.00 $110.00 $22,770.00$90.00 $18,630.0038 Class D Patches, Special, 9”Sq.Yd.2,537$65.00 $164,905.00 $65.00 $164,905.00$73.00 $185,201.00$45.00 $114,165.00$66.00 $167,442.00$66.00 $167,442.00$55.00 $139,535.0039 Full Depth Patches, Special, 11”Sq.Yd.1,180$60.00 $70,800.00 $90.00 $106,200.00$83.00 $97,940.00$45.00 $53,100.00$80.00 $94,400.00$90.43 $106,707.40$45.00 $53,100.0040 Water Main, 16" (D.I.P., Cl. 52), Push JointFoot23 $350.00 $8,050.00 $450.00 $10,350.00 $468.00 $10,764.00 $225.00 $5,175.00 $310.00 $7,130.00 $225.00 $5,175.00 $350.00 $8,050.0041 Water Main, 12" (D.I.P., Cl. 52), Push JointFoot465 $150.00 $69,750.00 $175.00 $81,375.00 $107.00 $49,755.00 $130.00 $60,450.00$98.00 $45,570.00 $155.00 $72,075.00 $280.00 $130,200.0042 Water Main, 10" (D.I.P., Cl. 52), Push JointFoot15 $135.00 $2,025.00 $235.00 $3,525.00 $494.00 $7,410.00 $125.00 $1,875.00 $215.00 $3,225.00 $145.00 $2,175.00 $270.00 $4,050.0043 Water Main, 8" (D.I.P., Cl. 52), Push JointFoot3,824 $110.00 $420,640.00 $90.00 $344,160.00$72.00 $275,328.00$95.00 $363,280.00$84.50 $323,128.00 $135.00 $516,240.00 $260.00 $994,240.0044 Water Main, 8" (D.I.P., Cl. 52), Directionally DrilledFoot380 $220.00 $83,600.00 $165.00 $62,700.00 $150.00 $57,000.00 $150.00 $57,000.00 $102.00 $38,760.00 $525.00 $199,500.00 $280.00 $106,400.0045 Water Main, 6" (D.I.P., Cl. 52), Push JointFoot100 $100.00 $10,000.00 $110.00 $11,000.00 $171.00 $17,100.00$90.00 $9,000.00$91.00 $9,100.00$85.00 $8,500.00 $230.00 $23,000.0046 Water Service Line, 2" Diameter or Less, Short, CompleteEach21 $1,800.00 $37,800.00 $1,500.00 $31,500.00 $897.00 $18,837.00 $1,500.00 $31,500.00 $1,650.00 $34,650.00 $1,500.00 $31,500.00 $1,600.00 $33,600.0047 Water Service Line, 2" Diameter or Less, Long, CompleteEach58 $2,200.00 $127,600.00 $2,000.00 $116,000.00 $1,475.00 $85,550.00 $2,000.00 $116,000.00 $2,270.00 $131,660.00 $2,400.00 $139,200.00 $2,400.00 $139,200.0048 Water Service Line, 4" Diameter or Greater, WM Pipe, Valves and Valve Boxes, C Each4 $5,000.00 $20,000.00 $4,800.00 $19,200.00 $4,201.00 $16,804.00 $3,750.00 $15,000.00 $1,935.00 $7,740.00 $7,500.00 $30,000.00 $9,000.00 $36,000.0049 12" Pressure Tap, 16"x12" Tapping Sleeve, 12" Tapping Valve, CompleteEach1 $6,000.00 $6,000.00 $7,000.00 $7,000.00 $5,678.00 $5,678.00 $12,000.00 $12,000.00 $6,655.00 $6,655.00 $9,500.00 $9,500.00 $15,000.00 $15,000.0050 Line Stopper, 6", CompleteEach1 $4,000.00 $4,000.00 $5,000.00 $5,000.00 $4,547.00 $4,547.00 $5,000.00 $5,000.00 $3,650.00 $3,650.00 $6,500.00 $6,500.00 $8,000.00 $8,000.0051 Water Valve, 12"Each1 $4,500.00 $4,500.00 $3,000.00 $3,000.00 $2,447.00 $2,447.00 $5,000.00 $5,000.00 $3,555.00 $3,555.00 $3,000.00 $3,000.00 $5,000.00 $5,000.0052 Water Valve, 8"Each15 $3,200.00 $48,000.00 $2,500.00 $37,500.00 $1,429.00 $21,435.00 $1,850.00 $27,750.00 $2,085.00 $31,275.00 $1,950.00 $29,250.00 $2,200.00 $33,000.0053 Water Valve, 6"Each1 $2,500.00 $2,500.00 $1,500.00 $1,500.00 $1,122.00 $1,122.00 $1,500.00 $1,500.00 $1,678.00 $1,678.00 $1,200.00 $1,200.00 $1,800.00 $1,800.0054 Viton or FKM Gaskets, Various Sizes, Complete, As NeededEach32 $400.00 $12,800.00 $50.00 $1,600.00 $241.00 $7,712.00$10.00 $320.00 $550.00$17,600.00$500.00 $16,000.00 $300.00 $9,600.0055 Fire Hydrant, WM Pipe, Auxiliary Valve and Valve Box, CompleteEach13 $4,000.00 $52,000.00 $4,500.00 $58,500.00 $4,032.00 $52,416.00 $4,250.00 $55,250.00 $5,700.00 $74,100.00 $5,600.00 $72,800.00 $6,500.00 $84,500.0056 Adjusting Sanitary Sewers, 8" Diameter or LessEach23 $400.00 $9,200.00 $550.00 $12,650.00 $750.00 $17,250.00$65.00 $1,495.00 $2,715.00 $62,445.00 $850.00 $19,550.00 $200.00 $4,600.0057 Catch Basins, Type A, 4' Diameter, Type 1 Frame, Open LidEach1 $3,000.00 $3,000.00 $2,400.00 $2,400.00 $3,162.00 $3,162.00 $2,350.00 $2,350.00 $3,250.00 $3,250.00 $3,500.00 $3,500.00 $5,000.00 $5,000.0058 Manholes, Type A, 4' Diameter, Type 1 Frame, Closed LidEach2 $3,000.00 $6,000.00 $2,000.00 $4,000.00 $2,566.00 $5,132.00 $2,500.00 $5,000.00 $2,985.00 $5,970.00 $4,200.00 $8,400.00 $6,000.00 $12,000.0059 Valve Vaults, Type A, 5' Diameter, Type 1 Frame, Closed LidEach14 $3,000.00 $42,000.00 $3,000.00 $42,000.00 $1,992.00 $27,888.00 $2,350.00 $32,900.00 $2,095.00 $29,330.00 $3,500.00 $49,000.00 $1,800.00 $25,200.0060 Valve Box, CompleteEach4 $450.00 $1,800.00 $280.00 $1,120.00 $200.00 $800.00 $350.00 $1,400.00 $555.00 $2,220.00 $850.00 $3,400.00 $500.00 $2,000.0061 Fiberglass Fabric Repair SystemSq.Yd.905$45.00 $40,725.00 $95.17 $86,128.85$60.00 $54,300.00$30.00 $27,150.00$42.00 $38,010.00$42.00 $38,010.00$38.00 $34,390.0062 Catch Basins To Be AdjustedEach5 $400.00 $2,000.00 $300.00 $1,500.00 $200.00 $1,000.00 $325.00 $1,625.00 $475.00 $2,375.00 $375.00 $1,875.00 $900.00 $4,500.0063 Manholes To Be AdjustedEach3 $425.00 $1,275.00 $300.00 $900.00 $200.00 $600.00 $350.00 $1,050.00 $410.00 $1,230.00 $425.00 $1,275.00 $900.00 $2,700.0064 Manholes To Be ReconstructedEach6 $1,250.00 $7,500.00 $1,000.00 $6,000.00 $550.00 $3,300.00 $1,200.00 $7,200.00 $915.00 $5,490.00 $1,275.00 $7,650.00 $3,000.00 $18,000.0065 Inlets To Be AdjustedEach7 $400.00 $2,800.00 $300.00 $2,100.00 $200.00 $1,400.00 $300.00 $2,100.00 $385.00 $2,695.00 $375.00 $2,625.00 $900.00 $6,300.0066 Valve Vaults To Be AdjustedEach2 $425.00 $850.00 $300.00 $600.00 $200.00 $400.00 $300.00 $600.00 $405.00 $810.00 $425.00 $850.00 $900.00 $1,800.0067 Removing Catch BasinsEach1 $500.00 $500.00 $625.00 $625.00 $300.00 $300.00 $400.00 $400.00 $425.00 $425.00 $600.00 $600.00 $200.00 $200.0068 Removing ManholesEach1 $500.00 $500.00 $575.00 $575.00 $500.00 $500.00 $500.00 $500.00 $420.00 $420.00 $600.00 $600.00 $200.00 $200.0069 Removing Valve VaultsEach10 $500.00 $5,000.00 $575.00 $5,750.00 $300.00 $3,000.00 $350.00 $3,500.00 $855.00 $8,550.00 $600.00 $6,000.00 $200.00 $2,000.0070 Removing Valve BoxesEach15 $200.00 $3,000.00 $115.00 $1,725.00$20.00 $300.00 $125.00 $1,875.00 $255.00 $3,825.00 $100.00 $1,500.00 $200.00 $3,000.0071 Removing Fire HydrantsEach7 $600.00 $4,200.00 $500.00 $3,500.00 $400.00 $2,800.00 $550.00 $3,850.00 $740.00 $5,180.00 $950.00 $6,650.00 $500.00 $3,500.0072 Frames and Lids, Type-1, Closed LidEach6 $400.00 $2,400.00 $325.00 $1,950.00 $235.00 $1,410.00 $400.00 $2,400.00 $560.00 $3,360.00 $300.00 $1,800.00 $200.00 $1,200.0073 Concrete Curb, Type B (AEP-Modified)Foot1,711$19.00 $32,509.00 $18.00 $30,798.00$20.00 $34,220.00$18.50 $31,653.50$19.95 $34,134.45$42.10 $72,033.10$25.00 $42,775.0074 Combination Concrete Curb & Gutter, Type B6.12 (AEP-Modified)Foot2,507$20.00 $50,140.00 $20.00 $50,140.00$19.50 $48,886.50$18.50 $46,379.50$19.95 $50,014.65$45.05 $112,940.35$25.00 $62,675.0075 Detectable WarningsSq.Ft.700$35.00 $24,500.00 $20.00 $14,000.00$28.00 $19,600.00$30.00 $21,000.00$32.00 $22,400.00$16.80 $11,760.00$30.00 $21,000.0076 Pavers Removal and ReplacementSq. Ft.267$15.00 $4,005.00 $20.00 $5,340.00$14.00 $3,738.00$20.00 $5,340.00$12.00 $3,204.00$17.00 $4,539.00$35.00 $9,345.0077 Street SweepingEach60 $500.00 $30,000.00 $150.00 $9,000.00$70.00 $4,200.00$20.00 $1,200.00 $600.00 $36,000.00 $270.00 $16,200.00 $250.00 $15,000.0078 Exploration Trench, D < 10 ft.Each24 $500.00 $12,000.00 $350.00 $8,400.00 $850.00 $20,400.00 $100.00 $2,400.00 $655.00 $15,720.00 $500.00 $12,000.00 $400.00 $9,600.0079 Special/Non-Special Waste DisposalCu.Yd.3,500$35.00 $122,500.00 $1.00 $3,500.00$44.00 $154,000.00$1.00 $3,500.00$77.05 $269,675.00$25.00 $87,500.00$16.00 $56,000.0080 Soil Disposal AnalysisLump Sum 1.00 $12,000.00 $12,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $3,500.00 $3,500.00 $10,000.00 $10,000.00 $500.00 $500.00 $9,000.00 $9,000.0081 Pre and Post Construction Sub-Surface VideotapingLump Sum 1.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $23,000.00 $23,000.00 $70,000.00 $70,000.00 $52,500.00 $52,500.00 $3,500.00 $3,500.00 $30,000.00 $30,000.0082 Traffic Control and ProtectionLump Sum 1.00 $114,000.00 $114,000.00 $50,000.00 $50,000.00 $22,000.00 $22,000.00 $400,000.00 $400,000.00 $145,000.00 $145,000.00 $248,650.00 $248,650.00 $450,000.00 $450,000.0083 Construction LayoutLump Sum 1.00 $20,000.00 $20,000.00 $15,000.00 $15,000.00 $12,000.00 $12,000.00 $43,000.00 $43,000.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $25,000.00 $25,000.00$2,386,009.50$1,987,198.25$2,059,076.36$2,188,610.90$2,652,553.13$2,900,018.39$3,356,493.50$1,998,898.25$2,059,076.36$2,188,610.90$2,652,553.14$2,900,018.39$3,356,493.50Difference: $11,700.00440 Lake Cook Road, Unit 3BDeerfield, IL 60015TOTAL11916 W. Main Street,Huntley, IL TOTALGlenbrook Ex. & Conc., Inc.A. Lamp Concrete Contractors, IncBolder Contractors, Inc.Landmark Contractors, Inc.CITY OF EVANSTONTABULATION OF BIDS FOR2013 WATER MAIN REPLACEMENT AND STREET RESURFACING PROJECT, PW-WMRS-1301APPROVED ENGINEER'S ESTIMATENAME AND ADDRESS OF BIDDERS1350 N. Old Rand Road,Wauconda, IL., 60084800 W. Irving Park Road,Schaumburg, IL 60193City Construction Company, Inc.TOTAL BIDAS READAS CORRECTEDITEM NUMBERITEMUNITTOTALQUANTITYTOTALTOTAL4403 W. Lawrence Ave., Suite 205Chicago, IL 60630TOTALBerger Excavating Contractors, Inc.1205 Garland Road,Wauconda, IL 60084TOTALTOTALX:\Engineers\FY 2013 PROJECTS\CIP I _ PW-WM-1301\Misc. Files\BID TAB PW-RS-1301155 of 441 HARRISON STMEADOW-LARK LNGLENVIEW RD THAYER ST ARBORLN KNOX CIRHIGHLAND AVELAWNDALE AVEPARK PL EWING AVECOLFAX ST BENNETT AVEBRADLEY PLFOSTER STSTE W A R T A V E HARRISON STWALNUT AVEGREY AVEDODGE AVEDARROW AVEDEWEY AVEASHLAND AVEEMERSON ST LYONS ST MADISON STOAK AVEOAKCLARK STASBURY AVECASE ST FOSTER ST CLINTON PL LINDEN PL UNIVERSITY PL CLARK S T CLYDE AVEHINMAN AVE INGLESIDE PK GREELEYHILLSIDE LN NOYES CULVER ISABELLA ST PAYNE ST CALVIN CIR LAWNDALE AVETHAYER ST PARK PL PITNER AVELAKE STLEMAR AVEDEMPSTER STHARTREY AVEPR A I R I E A V E BROWNLIVINGSTON ST THELIN CTASHLAND AVEJACKSON AVEWESLEY AVECRAINASBURY AVESHERMAN AVECHICAGO AVE GARRETT PL MILBURN PK DEMPSTER STGROSS POINT RDPAYNE DARTMOUTH PL PROSPECT AVECOWPER AVECENTRAL ST LINCOLNWOOD DRELGI N R D WOODLAND RD PITNER AVENATHANIEL PL CHURCH ST NOYES ST RICHMOND AVEWARREN STGREY AVEGREYHOVLAND CTBROWN AVEG R E E N B A Y R D DARROW AVESOUTH BLVDDARROW AVELYONS STWOODBINE AVEJENKS ST WASHINGTON STASHLAND AVECROFT LNWESLEY AVEROSALIE ST BARTON AVELEE STRIDGE AVEOAK AVEMAPLE AVELINC OLN ST CASE PL LAKE ST CHURCH S TORRINGTON AVEINGLESIDE PL FOREST AVETECH DR SHERIDAN RD HILLSIDE RD SIMPSON STHASTINGS AVEOTTO LN RIDGEWAY AVEMARCY AVEFORESTVIEW RDREESE AVEBENNETT AVEHOWARD STHARTREY AVECLEVELAND STFOWLER AVECRAIN STPITNER AVEBROWN AVEWASHINGTON STHARTREY AVEBROWN AVEGREY AVEFLORENCE AVEASBURY AVEMONROE STST. MARK'S CTRIDGE AVEELMWOOD AVESHERMAN AVESHERMAN AVEHAMLIN ST GAFFIELD PL SHERMAN PL GREENWOOD STHINMAN AVESHERMAN AVEHAVEN ST EUCLIDPARK PL JUDSON AVE SOUTH BLVD LEE STJUDSON AVEMICHIGAN AVESHERIDAN SQLAKE SHORE BLVDSH E R IDAN RD THAYERST T H A Y E R C T CRAWFORD AVECOLFAX PL TRINITY CT HARTZELL ST NORMANDY PL HURD AVEMcDANIEL AVEWADE CTMARTHA LNHARTZELL ST PITNER ALYGREENWOOD STMcCORMICK BLVDGREY AVEKEENEY ST GREENLEAF ST BRI D G E ST PAYNE ST ISABELLA ST FLORENCE AVECLEVELAND STDEWEY AVECOLFAX TER CENTRAL ST CHANCELLOR WASHINGTON STRIDGE AVEGARNETT PL LEONARD PL BRUMMEL ST MULFORD STMAPLE AVEELG I N R D COLFAX STRIDGE AVERIDGE TER DAVIS S T LIBRARY PL DARTMOUTH PL CHICAGO AVE KEDZIE ST MAIN ST FOREST AVEARTSCIRCLE DR ARNOLD PLSHERIDAN RDPRINCETON AVEMARCY AVEISABELLA ST LINCOLN ST THAYER ST HAWTHORNE LN LINCOLN ST COLFAX STLIVINGSTON DODGE AVEGROVE ST HARRISONBROADWAY AVECHANCELLOR ST FOSTER STJACKSON LIVINGSTON DOBSON ST HARVARD TER SOUTH BLVDRIDGE CTRIDGE AVESIMPSON STBRYANT AVEOAKTON ST EMERSON ST MONTICELLO PL HINMAN AVEKEENEY ST GREENLEAF ST MICHIGAN AVEBURNHAM PLPRINCETONWELLINGTON CTCRAWFORD LINCOLNWOOD DRBRUMMEL PLMcCORMICK BLVDMcDANIEL AVEMcDANIEL AVESIMPSON ST OAKTON ST MADISON PLLAUREL AVEPIONEER RDPAYNE STELM AVESEWARD STBROWN AVELEE ST GREY AVEGREY AVEDOBSON STDODGE AVESEWARD STDEWEY AVEWESLEY AVEWESLEY AVEELINOR PL DAVIS STWESLEY E A S T R A I L R O A D A V E LEON PL NOYES ST GRANTGIRARD AVESEWARD STELMWOOD AVEREBA PL NOYES CTGARRISON AVESHERIDAN RD CALLAN AVEGROVE S T CALLANJUDSON AVELAKESIDE CT HAMILTON ST HAYES CLIFFORD STBERNARD PLTHAYER PARK PL CENTRAL PARK AVEGRANT STEWING AVEMcDANIEL AVECENTRAL ST HARTREY AVEFOWLER AVELELAND AVELYONS ST BRUMMEL STDEWEY AVEKEENEY STDODGE AVEMAIN STDARROW AVEGRANT ST PR A I R I E A V E P O P L A R A V E G R E E N B A Y R D MULFORD ST ASHLAND AVEKIRK ST WILDER STEASTWOOD AVEASHLAND AVEASBURY AVEWESLEY AVEASBURY AVEHAMPTON PKYHULL TER AUSTIN STPRATT CTRIDGE AVEBENSON AVECENTRAL ST SHERIDAN PL R O SL Y N PL HOWARD STCUSTER AVEMILBURN ST SHERIDAN RDFOREST PLCAMPUS DREDGEMERE CTNORTH SHORE CHANNELNORTH SHORE CHANNELL A K E M I C H I G A N1200 1800 29002300200019001600400100 200 800 900 1000 1700 2100 2700 2800 500 2100 2700 340030002200160015001000500300300 1100 1200 1300 1800 1900 2300 2900 900 28002500270025007006005002400 1400 1500 1900 2200 2300 2600 350026002400180017001500120011001000800600 2500 2600 300 400 600 800 700 2800 3600230020002200130012001100700200400 1600 200 1000 380033001700900900200500 2000 1300 1600 2500 2400 370026002400210019001400100300100700 1400 1500 2200 100 1100 1700 2000 320031002100180013001400800600400CIP 1 project location map 12/10/2010 0 0.5 10.25 Mile ´ This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. PROJECT LOCATION 2013 Water Main Replacement and Street Resurfacing Project I, PW-WMRS-1301 (Bid No: 13-40) City of Evanston Department of Public Works 156 of 441 Bid # 13-40, Contract awarded to Glenbrook Excavation & Contracting Inc., M/W/EBE Compliance Approval, for 2013 Water Main Replacement & Street Resurfacing To: Suzette Robinson, Director of Public Works From: Joseph McRae, Deputy City Manager Subject: Recommendation for 2013 Water Main Replacement & Street Resurfacing CIP Project One Bid # 13-40 Date: May 23, 2013 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to Bid # 13-40, Contract to Glenbrook Excavating & Contracting Inc. for the 2013 water main replacement & street resurfacing, is found to be in initial compliance with the goal because they have met the City of Evanston M/W/EBE goal. Glenbrook Excavating & Contracting Inc. for a total base bid is $1,998,898.26, and will receive 25.69% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Ozinga Chicago RMC Inc. Ready Mix Concrete $68,335 3.4% X R.A. Seaton Material Supplier $143,520 7.22% X Roughneck Concrete Concrete cutting $42,721.56 2.15% X RAI Concrete Concrete $200,122 10% X Marking Specialists Corp. Pavement Marking $8,348.00 .42% X Diaz Group LLC Landscaping $50,358 2.5% X Total M/W/EBE 25.69% Cc: Martin Lyons, Assistant City Manager/CFO Memorandum 157 of 441 Page 1 of 2 For City Council meeting of May 28, 2013 Item A3.12 Business of the City by Motion: Data Conversion for New Financial System For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Jose Calderon, IT Division Manager Subject: Award Single Source Contract for Data Conversion Services to Schaefer Consulting Date: May 28, 2013 Recommended Action: Staff recommends City Council authorize the City Manager to execute a single-source contract for data conversion service with Schaefer Consulting (34179 Golden Lantern #105, Dana Point, CA) in the amount of $36,000.00. Funding Source: This project was included as a part of the total funding cost for the New World System of $596,000 under the contingency for “additional implementation services above the minimum proposed by New World Systems.” Funding will also be provided through salary savings from the retirement of the Database Administrator position (this position would have accomplished some of the work in-house and the position has been left vacant). Summary: The contract for implementation of New World Systems includes data conversion from the existing JD Edwards EnterpriseOne system for the following areas: Vendor Information Fixed Assets General Ledger/Budget History Purchase Order History Employee Information Employee Detailed Earnings History The JD Edwards EnterpriseOne system will be completely decommissioned when the New World implementation is complete. It is imperative that data conversion activities Memorandum 158 of 441 Page 2 of 2 are successful and are carried out in line with the rest of the implementation project schedule. Staff was unable to identify additional vendors who have successfully completed a data conversion from JD Edwards into New World. Staff did obtain pricing from another vendor that did not have experience in such a conversion, but were familiar with Oracle. This pricing was higher than the price provided by Schaefer. As a result, this conversion is being recommended as a single sourc e. Schaefer Consulting has a proven methodology that significantly streamlines the data conversion process. City staff would have to create a similar process from scratch and would be working with data structures that are unfamiliar to them. By leveraging Schaefer Consulting’s prior experience, staff time can be applied towards other aspects of the project. Schaefer Consulting has worked with New World Systems and has extensive experience with data conversions to New World’s Logos System. Schaefer Consulting has agreed to use the City’s standard consulting services agreement. Per the proposed contract with Schaefer Consulting, data conversion activities would begin in June of 2013. Attachments: ATTACHMENT “A” – CONTRACTOR’S PROPOSAL AND SCOPE OF WORK ATTACHMENT “B” – TOTAL COST SUMMARY AND PAYMENT SCHEDULE 159 of 441 Page 1 of 2 ATTACHMENT “A” A copy of the CONTRACTOR’S proposal and scope of work Data Conversion 1. Work closely with City of Evanston to determine the state of current data 2. If data requires cleansing, work with City of Evanston to develop methodology to clean data 3. Prepare data mapping for chart of accounts, vendors, financial data, open purchase orders, employee data and any other data as identified in the New World/Evanston agreement. 4. Assist City of Evanston in data extraction and completing data file layouts to submit to New World 5. Work with New World, and City of Evanston to resolve exceptions Proposal for City of Evanston ($36,000) 1. Schafer will document data mapping from JDE and other sources (ex. Spreadsheets) to LOGOS for the following functional areas: G/L, Vendors, Fixed Assets, Account Payable (if purchased from New World Systems), Purchase Orders, Employees, and Payroll History 2. Schafer will prepare a conversion database with legacy data provided by the client for all test and go-live submissions to New World 3. Schafer will assist Evanston with data validation and clean-up for all test and go-live conversions 160 of 441 Page 2 of 2 ATTACHMENT “B” Total Cost Summary and Payment Schedule DESCRIPTION OF COSTS COSTS 1. SERVICES $36,000 a. Data File Conversion ONE TIME PROJECT COST: $36,000 2. TRAVEL EXPENSES (estimated- billed as incurred) $ 5,000 Payments for Services DESCRIPTION OF PAYMENTS PAYMENTS 1. SERVICES $36,000 a. Amount Due upon contract execution $18,000 b. Amount Due August 1, 2013 (or completion) $ 6,000 c. Amount Due October 1, 2013 (or completion) $ 6,000 d. Amount Due upon completion of conversions $ 6,000 ONE TIME PAYMENTS $36,000 2. TRAVEL EXPENSES (estimated- these expenses are billed as incurred) $5,000 ALL PAYMENTS ARE DUE WITHING 15 DAYS OF RECEIPT OF INVOICE Billings are applied ratably to each deliverable included under the total of one-time cost. If any deliverable is subject to sales tax, the tax will be calculated and added as applicable to each billing. 161 of 441 For City Council meeting of May 28, 2013 Item A4 Business of the City by Motion: Extension for Water Bill Print & Mail Service 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. 1 for Utility Billing Print and Mailing Services (Bid 10-32) Date: May 16, 2013 Recommended Action: Staff recommends that the City Council authorize the City Manager to execute Change Order No. 1 to the agreement with Third Millennium Associates, Inc. (4200 Cantera Drive, Suite 105, Warrenville, IL 60555), for the Utility Billing Print and Mailing Services (Bid 10-32), increasing the amount of the contract by $5,000 and extending the contract completion date by 62 days. Funding Source: Funding is provided by the Water Fund Account 7125.62455 in the amount of $3,000, and the Sewer Fund Account 7400.62455 in the amount of $2,000. Background Information: This contract is for the printing and mailing of utility bills. It also includes printing and mailing of past due notices and shutoff notices. This three-year contract was originally approved by City Council in July 2009. City Council approved a one-year extension in June 2012. Summary: Responses for the Request for Proposal for a new Utility Bill Print and Mail Services contract (RFP 13-27) are due May 28. However, the setup time for a new contract will take approximately two months once the vendor is selected and approved by City Council. Because of the timing, it is necessary to request a 60-day extension of the existing contract with Third Millenium, whose contract is expiring on June 30. Memorandum 162 of 441 The estimated price includes: 1. Printing and mailing of July 2013 utility bills in the amount of $4,000. 2. Printing and mailing of August 2013 past-due notices in the amount of $500. 3. Printing and mailing of August 2013 shut-off notice in the amount of $500. Legislative History Original Utility Billing Print and Mailing Services (Bid 10-32) was approved by City Council on July 13, 2013 One-year contract extension was approved by City Council on June 25, 2012 Attachments: Proposed Change Order No. 1 163 of 441 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Douglas J. Gaynor, Director, Parks, Recreation & Community Services Subject: Acceptance of the Tiny House Donation Date: May 28, 2013 Recommended Action: Staff recommends that the City Manager be authorized to execute an agreement with Northwestern University to accept the donation of the Tiny House for educational purposes. Funding Source: The Tiny House is valued at approximately $40,000 and the Evanston Environmental Association is planning to provide financial assistance to the City for costs associated with bringing the Tiny House to the Ecology Center. Discussion: The Tiny House got its start in 2010 as a project in a Segal Design Institute course at Northwestern University and was designed by students and young alumni from Northwestern’s McCormick School of Engineering and Applied Science. “The team of students designed the house with the motto that the greenest square foot is the one you don’t build”. For example, the bathroom has a shower and composting toilet. Everything is designed for one person, with the occasional visitor needs. The house is a mere 128 square feet and fully independent, including the capability of producing its own electricity using solar panels and also collects all of its water. Cost to build the house with appliances was approximately $40,000. The Tiny House also has everything a person needs to live comfortably: a living room, kitchen, bathroom, sleeping loft, storage area, an awning for shade and even a fireplace. Once completed, the project team of students utilized the Tiny House to teach people about sustainability, living simply and creatively using the space one has. The house Memorandum For City Council meeting of May 28, 2013 Item A5 Business of the City by Motion: Acceptance of Tiny House Donation For Action 164 of 441 was showcased at the last two Green Living Festivals as well as the Museum of Science and Industry. At the conclusion of the 2012 festival, project team members approached members of the Evanston Environmental Association (EEA) and City staff about donating the Tiny House to the Ecology Center. Since the offer, parties from both sides have been discussing the needs of the structure, required maintenance, available operational manuals, copyrights and how to best display the Tiny House. Based on the information learned about the Tiny House, staff and the members of the EEA recommend accepting the donation. It will be used as an educational tool to teach individuals about sustainability and how space can be used creatively for simplistic living. City staff and members of the EEA will continue working together to determine how the house will be best displayed at the Ecology Center, including making any safety adjustments, prior to it being displayed. ------------------------------------------------------------------------------------- Attachments: Donation Agreement Picture of Tiny House 165 of 441 166 of 441 167 of 441 For the City Council Meeting of February 8, 2010 Item # A4 For City Council Meeting of May 28, 2013 Item A6 Resolution 30-R-13: Appointing SWANCC Director and Alternate Director For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Wally Bobkiewicz, City Manager Subject: Resolution 30-R-13 Appointing a Director and Alternate Director to the Solid Waste Agency of Northern Cook County Date: May 23, 2013 Recommended Action: Staff recommends approval of Resolution 30-R-13 appointing Mayor Elizabeth Tisdahl to be Director and City Manager Wally Bobkiewicz to be Alternate Director to the Solid Waste Agency of Northern Cook County (SWANCC) for a two year term expiring on April 30, 2015. Current terms expired on April 30, 2013 or until a successor is appointed. Attachment Resolution 30-R-13 Memorandum 168 of 441 4/26/13 30-R-13 A RESOLUTION Appointing a Director and Alternate Director to the Solid Waste Agency of Northern Cook County WHEREAS, the City of Evanston is a member of the Solid Waste Agency of Northern Cook County (“the Agency”); and WHEREAS, pursuant to the Agency Agreement that established the Agency, the City is entitled to appoint one (1) or more Directors to the Board of Directors of the Agency, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the Evanston City Council hereby appoints Elizabeth B. Tisdahl, Mayor, as its Director on the Board of Directors of the Agency and appoints Walter J. Bobkiewicz, City Manager, as its Alternate Director, in each case for a term expiring on April 30, 2015, or until her or his successor is appointed. SECTION 2: That this Resolution 30-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 169 of 441 For City Council meeting of May 28, 2013 Item A7 Resolution 35-R-13: Authorizing Mayor to Execute Highway Authority Agreement For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Resolution 35-R-13, authorizing Mayor to execute the Highway Authority Agreement and the associated Addendum with Ventura Realty, Ltd. Date: May 21, 2013 Recommended Action: Staff recommends approval of Resolution 35-R-13 “Authorizing the Mayor of the City of Evanston to Execute a Highway Authority Agreement and an Addendum thereto with Ventura Realty, Ltd.” Summary: Ventura Realty, Ltd. (“Property Owner”) owns certain property at 1459 – 1463 Elmwood Avenue, Evanston, Illinois (“Site”). Due to one or more releases of contaminants at the Site by entities other than the City, into the soil and/or groundwater from underground storage tanks (“USTs”) which exceed Tier 1 residential remediation objectives contained in 35 Ill.Admin. Code Part 742, the Property Owner seeks to take corrective action and remediate the Site. Potential contamination from the release at the Site extends into City’s right-of-way (the “Right-of-Way”). The Property Owner requested that the City enter into an Illinois Environmental Protection Agency (“IEPA”) approved Highway Authority Agreement (“HAA”). The HAA addresses responsibilities of the parties with respect to the groundwater beneath the Right-of-Way to prevent use as a supply of potable or domestic water supply and limit soil access within the Right-of-Way. The City determined that additional terms needed to be addressed between the parties and supplemented the HAA with the attached Addendum to HAA. The Property Owner’s execution of the Addendum is a prerequisite to the City executing the HAA. The following Table summarizes the City's obligations under the HAA: Area City is obligated to Maintain pavement City to require Permit1 for Soil Excavations City to prohibit use of Groundwater Soil Removed to be managed as contaminated2 Groundwater Removed to be Managed as Contaminated Yellow Yes Yes Yes Yes Yes Blue No Yes at depth > 3 feet Yes Yes at depth > 3 feet Yes Red No No Yes No Yes Notes on the Table: Memorandum 170 of 441 (1) The HAA agrees to limit access and activities within the Right-of-Way and requires permits for any work. This is to protect human health, the groundwater, worker safety and restrict the use of any soil excavated from the Right-of-Way. The permit should establish conditions for management of soil and groundwater that is removed from an excavation. This means that for all areas outside the Yellow box special precautions are not required for routine landscaping activities (which will not occur at a depth greater than 3 feet). (2) "Yes" means, in the absence to testing demonstrating the soil is not contaminated with petroleum, the City should assume the soil is contaminated and manage it (if removed) as an Illinois Special Waste. (3) "Yes" means, in the absence to testing demonstrating the groundwater is not contaminated with petroleum, the City should assume the groundwater is contaminated and manage it (if removed) as an Illinois Special Waste. The City is required under Condition 2 (page 2) of the HAA to notify IEPA if jurisdiction over the yellow, blue or red areas is transferred from the City to the State or another jurisdiction. Please note that there is no potential groundwater contamination at the Site because there are no wells or water service to any residents from the Site. The Agreement is to be submitted to the IEPA for review in order to obtain a no further remediation letter (“NFR”) for the Site. The Property Owner is solely responsible for obtaining the NFR from the IEPA. Attachments: Resolution 35-R-13 Highway Authority Agreement – Exhibit A Addendum to Highway Authority Agreement – Exhibit B 171 of 441 5/21/2013 35-R-13 A RESOLUTION Authorizing the Mayor of the City of Evanston to Execute a Highway Authority Agreement and associated Addendum to Highway Authority Agreement with Ventura Realty, Ltd. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the Mayor is hereby authorized to execute the Highway Authority Agreement attached as Exhibit A and incorporated herein and the Addendum to the Highway Authority Agreement attached as Exhibit B and incorporated herein by reference. SECTION 2: That this Resolution 35-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 172 of 441 35-R-13 ~2~ EXHIBIT A Highway Authority Agreement between the City of Evanston and Ventura Realty, Ltd. 173 of 441 Illinois Environmental Protection Agency 1021 N. Grand Avenue E.Springfield Illinois 62794-9276 Bureau of Land P.O. Box 19276 HIGHWAY AUTHORITY AGREEMENT This Agreement is entered into this day of , 20 pursuant to 35 Ill. Adm. Code 742.1020 by and between the (1) (“Property Owner”) [or, in the case of a petroleum leaking underground storage tank (UST), the owner/operator of the tank (“Owner/Operator”)] and (2) [Name of Entity in Control of the Right-of-Way] (“Highway Authority”), collectively known as the “Parties.” Ventura Realty, Ltd City of Evanston [Use this paragraph for sites with petroleum leaking underground storage tank(s)] WHEREAS, is the owner or operator of one or more leaking underground storage tanks presently or formerly located at (“the Site”); Ventura Realty, Ltd 1459-1463 Elmwood Avenue, Evanston, Illinois [Use this paragraph for sites that do not have petroleum leaking USTs] WHEREAS, is the owner of the property located at (“the Site”); WHEREAS, as a result of one or more releases of contaminants (“the Release(s)”), soil and/or groundwater contamination at the Site exceeds the Tier 1 residential remediation objectives of 35 Ill. Adm. Code 742; from the above referenced USTs WHEREAS, the soil and/or groundwater contamination exceeding Tier 1 residential remediation objectives extends or may extend into the Highway Authority’s right-of-way; WHEREAS, the Owner/Operator or Property Owner is conducting corrective action in response to the Release(s); WHEREAS, the Parties desire to prevent groundwater beneath the Highway Authority’s right-of-way that exceeds Tier 1 remediation objectives from use as a supply of potable or domestic water and to limit access to soil within the right-of-way that exceeds Tier 1 residential remediation objectives so that human health and the environment are protected during and after any access; NOW, THEREFORE, the Parties agree as follows: 1. The recitals set forth above are incorporated by reference as if fully set forth herein. 2. [Use this paragraph if IEMA has issued an incident number] The Illinois Emergency Management Agency has assigned incident number(s) to the Release(s).20120368 3. Attached as Exhibit A is a scaled map(s) prepared by the that shows the Site and surrounding area and delineates the current and estimated future extent of soil and groundwater contamination above the applicable Tier 1 residential remediation objectives as a result of the Release(s). [Use the following sentence if either soil or groundwater is not contaminated above applicable Tier 1 residential remediation objectives: is not contaminated above the applicable Tier 1 residential remediation objectives.] Owner/Operator 4. Attached as Exhibit B is a table(s) prepared by the that lists each contaminant of concern that exceeds its Tier 1 residential remediation objective, its Tier 1 residential remediation objective and its concentrations within the zone where Tier 1 residential remediation objectives are exceeded. The locations of the concentrations listed in Exhibit B are identified on the map(s) in Exhibit A. Owner/Operator 174 of 441 5. Attached as Exhibit C is a scaled map prepared by the showing the area of the Highway Authority’s right-of-way that is governed by this agreement (“Right-of-Way”). Because Exhibit C is not a surveyed plat, the Right-of-Way boundary may be an approximation of the actual Right-of-Way lines. Owner/Operator 6. [Use this paragraph if samples have not been collected within the Right-of-Way, sampling within the Right-of-Way is not practical, and contamination does not extend beyond the Right-of-Way.] Because the collection of samples within the Right-of-Way is not practical, the Parties stipulate that, based on modeling, soil and groundwater contamination exceeding Tier 1 residential remediation objectives does not and will not extend beyond the boundaries of the Right-of- Way. 7. The Highway Authority stipulates it has jurisdiction over the Right-of-Way that gives it sole control over the use of the groundwater and access to the soil located within or beneath the Right-of-Way. 8. The Highway Authority agrees to prohibit within the Right-of-Way all potable and domestic uses of groundwater exceeding Tier 1 residential remediation objectives. 9. The Highway Authority further agrees to limit access by itself and others to soil within the Right-of-Way exceeding Tier 1 residential remediation objectives. Access shall be allowed only if human health (including worker safety) and the environment are protected during and after any access. The Highway Authority may construct, reconstruct, improve, repair, maintain and operate a highway upon the Right-of-Way, or allow others to do the same by permit. In addition, the Highway Authority and others using or working in the Right-of-Way under permit have the right to remove soil or groundwater from the Right-of-Way and dispose of the same in accordance with applicable environmental laws and regulations. The Highway Authority agrees to issue all permits for work in the Right-of-Way, and make all existing permits for work in the Right-of-Way, subject to the following or a substantially similar condition: As a condition of this permit the permittee shall request the office issuing this permit to identify sites in the Right-of-Way where a Highway Authority Agreement governs access to soil that exceeds the Tier 1 residential remediation objectives of 35 Ill. Adm. Code 742. The permittee shall take all measures necessary to protect human health (including worker safety) and the environment during and after any access to such soil. 10. This agreement shall be referenced in the Agency’s no further remediation determination issued for the Release(s). 11. The Agency shall be notified of any transfer of jurisdiction over the Right-of-Way at least 30 days prior to the date the transfer takes effect. This agreement shall be null and void upon the transfer unless the transferee agrees to be bound by this agreement as if the transferee were an original party to this agreement. The transferee’s agreement to be bound by the terms of this agreement shall be memorialized at the time of transfer in a writing ("Rider") that references this Highway Authority Agreement and is signed by the Highway Authority, or subsequent transferor, and the transferee. 12. This agreement shall become effective on the date the Agency issues a no further remediation determination for the Release(s). It shall remain effective until the Right-of-Way is demonstrated to be suitable for unrestricted use and the Agency issues a new no further remediation determination to reflect there is no longer a need for this agreement, or until the agreement is otherwise terminated or voided. 13. In addition to any other remedies that may be available, the Agency may bring suit to enforce the terms of this agreement or may, in its sole discretion, declare this agreement null and void if any of the Parties or any transferee violates any term of this agreement. The Parties or transferee shall be notified in writing of any such declaration. 14. This agreement shall be null and void if a court of competent jurisdiction strikes down any part or provision of the agreement. 15. This agreement supersedes any prior written or oral agreements or understandings between the Parties on the subject matter addressed herein. It may be altered, modified or amended only upon the written consent and agreement of the Parties. 16. Any notices or other correspondence regarding this agreement shall be sent to the Parties at following addresses: 175 of 441 Manager, Division of Remediation Management Bureau of Land Illinois Environmental Protection Agency P.O. Box 19276 Springfield, IL 62974-9276 City of Evanston (Contact at Highway Authority) Address 2100 Ridge Avenue City Evanston State IL Zip Code 60201 Property Owner or Owner/Operator Name Ventura Realty, Ltd. Address 210 Kilpatrick Avenue City Wilmette State IL Zip Code 60091 IN WITNESS WHEREOF, the Parties have caused this agreement to be signed by their duly authorized representatives. [NAME OF LOCAL GOVERNMENT] Date:By: Its: Property Owner or Owner/Operator Date:By: Title 176 of 441 EXHIBIT A –FIGURES SHOWING EXTENT OF SOIL AND GROUNDWATER CONTAMINATION 177 of 441 EW2 (B-5.3)Asphalt ParkingOne Story Brick Building Grass Conc. Walk Asphalt Parking Former USTs MW-1 SB-1 SB-2/MW-2 SB-4 SB-5 MW-4 NW1 (B-6.7, X-30.0) NW2 EW1 (B-3.0) SW2SW1 WW2 Railroad Tracks Village of Evanston Police StationElmwood AvenueMetropolitan Water Reclamation District Lake Street Yung Environmental, Inc. 6855 Didrikson Lane, Woodridge, IL 60517 (630)420-0913 Legend Sewer Manhole Natural Gas Line Water Main Scale: 1 inch = 40 Feet 1459 - 1463 Elmwood Avenue Evanston, IllinoisFigure 1: Site Map Showing Extent of Soil Contamination Monitoring Well Tank Excavation Soil Sample Soil Boring Benzene Concentration mg/kg Xylenes Concentration mg/kg B-3.0 X-30.0 Extent of Offsite Soil Concentrations Above the Soil Ingestion and Inhalation Route which Requires an Engineered Barrier SB-7/MW-6 (B-0.074) SB-6/MW-5 (B-0.031) N SB-3/MW-3 (X - 40.0) WW1 (B-10.0) Estimated Extent of Soil Contamination Above the Tier 1 Soil Remediation Objectives 178 of 441 Asphalt ParkingOne Story Brick Building Grass Conc. Walk Asphalt Parking Former USTs SB-3/MW-3 (B-1.2) MW-1 (B-0.15) SB-1 SB-2/MW-2 SB-4 SB-5 MW-4 NW1 NW2 EW2 EW1 SW2SW1 WW1 WW2 Railroad Tracks Village of Evanston Police StationElmwood AvenueMetropolitan Water Reclamation District Lake Street Yung Environmental, Inc. 6855 Didrikson Lane, Woodridge, IL 60517 (630)420-0913 Legend Sewer Manhole Natural Gas Line Water Main Scale: 1 inch = 40 Feet 1459 - 1463 Elmwood Avenue Evanston, IllinoisFigure 2: Site Map Showing Modeled Extent of Groundwater Contamination Soil Boring Monitoring Well Tank Excavation Soil Sample Benzene Concentration mg/LB-0.15 SB-7/MW-6 (B-0.074) SB-6/MW-5 (B-0.031) Modeled Extent of Groundwater Contamination N 179 of 441 EXHIBIT B –TABLES OF ANALYTICAL RESULTS 180 of 441 1459-1463 Elmwood Avenue, Evanston, IL Table 1: Analytical Results of Soil Samples (BTEX, MTBE and Lead) - May 16 and 17, 2012 IEMA #20120368 Floor 1 W Wall 1 S Wall 1 Floor 2 S Wall 2 Floor 3 N Wall 2 5/16/2012 5/16/2012 5/16/2012 5/16/2012 5/16/2012 5/16/2012 5/17/2012 Analyte Ingestion Inhalation Class I Class II Benzene 12 0.8 0.03 0.17 0.0057 10 < 0.0067 < 0.006 < 0.0049 < 0.005 0.0087 Toluene 16,000 650 / 42* 12 29 < 0.0055 0.035 < 0.0067 < 0.006 < 0.0049 < 0.005 < 0.006 Ethylbenzene 7,800 400 / 58* 13 19 < 0.0055 0.034 < 0.0067 < 0.006 < 0.0049 < 0.005 < 0.006 Xylenes, Total 16,000 320 / 5.6* 150 150 < 0.016 0.15 < 0.02 < 0.018 < 0.015 < 0.015 < 0.018 MTBE 780 8,800 / 140* 0.32 0.32 < 0.0055 < 0.0061 < 0.0067 < 0.006 < 0.0049 < 0.005 < 0.006 Lead 400 ---3.9 2.9 2.9 3.7 14 4.1 6.2 Note: Concentrations in milligrams per kilogram (mg/kg) Concentrations compared to IEPA Tiered Approach To Corrective Action Tier 1 soil remediation objectives, 35IAC Part 742 * - Construction Worker Inhalation Objective from Appendix B, Table B. 10 Concentration exceeds the most stringent Tier 1 soil remediation objective Route Specific Values for Soil Soil Component of Groundwater Ingestion Exposure Route Values Soil Samples Collected From Tank Excavation Page 1181 of 441 1459-1463 Elmwood Avenue, Evanston, IL Table 1: Analytical Results of Soil Samples (BTEX, MTBE and Lead) - May 16 and 17, 2012 IEMA #20120368 N Wall 1 W Wall 2 E Wall 1 E Wall 2 Floor 4 Floor 5 Floor 6 5/17/2012 5/17/2012 5/17/2012 5/17/2012 5/17/2012 5/17/2012 5/17/2012 Analyte Ingestion Inhalation Class I Class II Benzene 12 0.8 0.03 0.17 6.7 < 0.0051 3 5.3 < 0.0064 < 0.0055 0.015 Toluene 16,000 650 / 42* 12 29 0.4 < 0.0051 0.034 0.44 < 0.0064 < 0.0055 0.0085 Ethylbenzene 7,800 400 / 58* 13 19 11 < 0.0051 < 0.0051 < 0.26 < 0.0064 < 0.0055 < 0.0057 Xylenes, Total 16,000 320 / 5.6* 150 150 30 < 0.015 < 0.015 < 0.78 < 0.019 < 0.016 < 0.017 MTBE 780 8,800 / 140* 0.32 0.32 < 0.0065 < 0.0051 < 0.0051 < 0.26 < 0.0064 < 0.0055 < 0.0057 Lead 400 ---8 7 9.9 17 4 4.8 25 Note: Concentrations in milligrams per kilogram (mg/kg) Concentrations compared to IEPA Tiered Approach To Corrective Action Tier 1 soil remediation objectives, 35IAC Part 742 * - Construction Worker Inhalation Objective from Appendix B, Table B. 10 Concentration exceeds the most stringent Tier 1 soil remediation objective Route Specific Values for Soil Soil Component of Groundwater Ingestion Exposure Route Values Soil Samples Collected From Tank Excavation Page 2182 of 441 1459-1463 Elmwood Avenue, Evanston, IL Table 1: Analytical Results of Soil Samples - BTEX and MTBE (June 19, 2012) IEMA# 20120368 SB-1 (3'-5') SB-1 (5'-7') SB-2 (3'-5') SB-2 (5'-7') SB-3 (3'-5') 6/19/2012 6/19/2012 6/19/2012 6/19/2012 6/19/2012 Analyte Ingestion Inhalation Class I Class II Benzene 12 0.8 0.03 0.17 0.013 0.0083 < 0.0058 < 0.0062 < 0.0065 Toluene 16,000 650 / 42* 12 29 < 0.0053 0.011 < 0.0058 < 0.0062 < 0.0065 Ethylbenzene 7,800 400 / 58* 13 19 < 0.0053 < 0.0061 < 0.0058 < 0.0062 < 0.0065 Xylenes, Total 16,000 320 / 5.6* 150 150 < 0.016 < 0.018 < 0.017 < 0.019 < 0.019 Methyl tert-butyl ether 780 8,800 / 140* 0.32 0.32 < 0.0053 < 0.0061 < 0.0058 < 0.0062 < 0.0065 Notes: Soil Remediation Objectives - 35 IAC Part 742, Tiered Approach to Corrective Action Objectives for Residential Properties Concentrations in milligrams per kilogram (mg/kg) *Soil Remediation Objective for Construction Worker Inhalation Route **The soil sample was collected from 7' to 10' and mistakenly entered in the COC form as 5' to 7' 40 Concentration exceeds the most stringent soil remediation objective Soil Samples Collected On-site Sample ID : Date Collected : Route Specific Values for Soil Soil Component of Groundwater Ingestion Exposure Route Values Page 1183 of 441 1459-1463 Elmwood Avenue, Evanston, IL Table 1: Analytical Results of Soil Samples - BTEX and MTBE (June 19, 2012) IEMA# 20120368 SB-3 (5'-7') SB-4 (5'-7') SB-5 (3'-5') SB-5 (7'-10')** 6/19/2012 6/19/2012 6/19/2012 6/19/2012 Analyte Ingestion Inhalation Class I Class II Benzene 12 0.8 0.03 0.17 < 0.3 0.0057 < 0.0062 < 0.0077 Toluene 16,000 650 / 42* 12 29 < 0.3 < 0.0048 < 0.0062 < 0.0077 Ethylbenzene 7,800 400 / 58* 13 19 11 < 0.0048 < 0.0062 < 0.0077 Xylenes, Total 16,000 320 / 5.6* 150 150 40 < 0.015 < 0.019 < 0.023 Methyl tert-butyl ether 780 8,800 / 140* 0.32 0.32 < 0.3 < 0.0048 < 0.0062 < 0.0077 Notes: Soil Remediation Objectives - 35 IAC Part 742, Tiered Approach to Corrective Action Objectives for Residential Properties Concentrations in milligrams per kilogram (mg/kg) *Soil Remediation Objective for Construction Worker Inhalation Route **The soil sample was collected from 7' to 10' and mistakenly entered in the COC form as 5' to 7' 40 Concentration exceeds the most stringent soil remediation objective Soil Samples Collected On-site Sample ID : Date Collected : Route Specific Values for Soil Soil Component of Groundwater Ingestion Exposure Route Values Page 2184 of 441 1459-1463 Elmwood Avenue, Evanston, IL Table 2: Analytical Results of Groundwater Samples (June 20, 2012) IEMA # 20120368 MW-1 MW-2 MW-3 MW-4 6/20/2012 6/20/2012 6/20/2012 6/20/2012 Analyte Units Class I Class II Benzene mg/L 0.005 0.025 0.15 < 0.005 1.2 < 0.005 Toluene mg/L 1.0 2.5 0.036 < 0.005 < 0.005 < 0.005 Ethylbenzene mg/L 0.7 1.0 0.016 < 0.005 0.0053 < 0.005 Xylenes, Total mg/L 10.0 10.0 0.082 < 0.015 0.019 < 0.015 Methyl tert-butyl ether mg/L 0.07 0.07 < 0.005 < 0.005 < 0.005 < 0.005 Notes: Groundwater Remediation objectives - 35 IAC Part 742, Tiered Approach to Corrective Action Objectives 0.15 Concentration above the Groundwater Remediation Objective Sample ID : Date Collected : Groundwater Remediation Objective Groundwater Samples Collected On-site Page 1185 of 441 1459-63 Elmwood Avenue, Evanston, IL Table 1: Analytical Results of Soil Samples - BTEX (October 31, 2012) Site Investigation Completion Report IEMA# 20120368 SB-6 (3-5) SB-6 (7-10) SB-6 (10-12) SB-7 (3-5) SB-7 (7-10) SB-7 (10-12) 10/31/2012 10/31/2012 10/31/2012 10/31/2012 10/31/2012 10/31/2012 Analyte Ingestion Inhalation Class I Class II Benzene 12 0.8 0.03 0.17 < 0.0065 < 0.0071 < 0.0053 < 0.0055 < 0.0056 < 0.0065 Toluene 16,000 650 / 42* 12 29 < 0.0065 < 0.0071 < 0.0053 < 0.0055 < 0.0056 < 0.0065 Ethylbenzene 7,800 400 / 58* 13 19 < 0.0065 < 0.0071 < 0.0053 < 0.0055 < 0.0056 < 0.0065 Xylenes, Total 16,000 320 / 5.6* 150 150 < 0.02 < 0.021 < 0.016 < 0.016 < 0.017 < 0.019 Notes: Concentrations in milligrams per kilogram (mg/kg) Tier 1 soil remediation objectives for residential properties, 35 IAC Part 742 * - Construction Worker Inhalation Objective from Appendix B, Table B. Soil Component of Groundwater Ingestion Exposure Route Values Offsite Soil Borings (Parkway in front of City of Evanston Police Station) Page 1186 of 441 1459-63 Elmwood Avenue, Evanston, IL Table 2: Analytical Results of Groundwater Samples (November 1, 2012) Site Investigation Completion Report IEMA# 20120368 MW-5 MW-6 11/01/2012 11/01/2012 Analyte Units Class I Class II Benzene mg/L 0.005 0.025 0.031 0.074 Toluene mg/L 1.0 2.5 < 0.005 < 0.005 Ethylbenzene mg/L 0.7 1.0 < 0.005 < 0.005 Xylenes, Total mg/L 10.0 10.0 < 0.015 < 0.015 Note: Class I and Class II groundwater remediation objectives, 35 IAC Part 742 0.031 Concentration above Class I and Class II groundwater remediation objectives Sample ID : Date Collected : Groundwater Remediation Objective Offsite Monitoring Wells (Parkway - In front of City of Evanston Police Station) Page 1187 of 441 EXHIBIT C –FIGURE SHOWING AREA OF HIGHWAY AUTHORITY AGREEMENT 188 of 441 Asphalt ParkingOne Story Brick Building Grass Conc. Walk Asphalt Parking Former USTs SB-3/MW-3 (B-1.2) MW-1 (B-0.15) SB-1 SB-2/MW-2 SB-4 SB-5 MW-4 NW1 NW2 EW2 EW1 SW2SW1 WW1 WW2 Railroad Tracks Village of Evanston Police StationElmwood Ave.Metropolitan Water Reclamation District Lake Street Yung Environmental, Inc. 6855 Didrikson Lane, Woodridge, IL 60517 (630)420-0913 Legend Sewer Manhole Natural Gas Line Water Main Scale: 1 inch = 40 Feet 1459 - 1463 Elmwood Avenue Evanston, IllinoisFigure 3: Site Map Showing Highway Authority Agreement Soil Boring Monitoring Well Tank Excavation Soil Sample Benzene Concentration mg/LB-0.15 Area of Highway Authority Agreement SB-7/MW-6 (B-0.074) SB-6/MW-5 (B-0.031) Modeled Extent of Groundwater Contamination N Engineered Barrier Estimated Extent of Soil Contamination Above Tier 1 Soil Remediation Objectives Area which limitation on access to soil applies to excavations at a depth greater than three feet Engineered Barrier 189 of 441 35-R-13 ~3~ EXHIBIT B Addendum to Highway Authority Agreement between the City of Evanston and the Ventura Realty, Ltd. 190 of 441 1 ADDENDUM TO HIGHWAY AUTHORITY AGREEMENT This agreement is entered into this _____ day of ____________, by and between Ventura Realty, Ltd. (“Property Owner”) and the City of Evanston (“City”) (collectively known as the “Parties”): WHEREAS, the City is a home rule municipality pursuant to Section 6(a) of Article VII of the Constitution of the State of Illinois and is authorized to exercise and perform any function pertaining to its government and affairs; WHEREAS, Property Owner is the owner of property located at 1459-1463 Elmwood Avenue, Evanston, Illinois, (the “Site”); WHEREAS, as a result of one or more releases of contaminants at the above referenced Site (“the Release”), soil and/or groundwater contamination at the Site exceeds the Tier 1 residential remediation objectives of 35 Ill. Admin. Code Part 742; WHEREAS, the soil and groundwater contamination exceeding Tier 1 residential remediation objectives may extend into the City’s right-of -way(s), as described in Exhibit C of the Highway Authority Agreement (“HAA”) attached hereto as Attachment 1 (the “Right-of -Way(s)”); WHEREAS, Property Owner has requested that the City enter into an Illinois Environmental Protection Agency (“IEPA”) approved HAA attached hereto as Attachment 1; WHEREAS, the City is under no obligation to enter into a Highway Authority Agreement with Property Owner; WHEREAS, the City has determined that the additional protections in this Addendum to the HAA (the “Addendum”) are in the public interest, and will tend to promote the public health, safety, morals, comfort, convenience and general welfare of the citizens of the City; WHEREAS, Section 734.632 of the IEPA Leaking Underground Storage Tank Regulations, 35 IAC 734.632, addresses reimbursement of costs the City may incur in connection with contamination at the Site after the NFR Letter for the Site is issued, by providing in part as follows: [T]he following shall be considered corrective action activities eligible for payment from the Fund even when an owner or operator conducts these activities after the issuance of a No Further Remediation Letter …. (d)The disposal of soil that does not exceed industrial/commercial property remediation objectives, but that does exceed Tier 1 residential property remediation objectives, if industrial/commercial property remediation objectives were used [to obtain the NFR Letter] and the owner or operator demonstrates that the contamination is the result of the release for which the owner or operator is eligible to seek payment from the Fund and disposal of the soil is necessary as a result of construction activities conducted after the issuance of a No Further Remediation Letter on the site where the release occurred …” (hereafter “Section 734.632 of the LUST Regulation”). 191 of 441 2 WHEREAS, Property Owner entering into the Addendum is a condition precedent to City entering into the HAA; WHEREAS, Property Owner requests the City enter into the HAA; WHEREAS, the HAA would restrict access to soil within the Right-of -Way(s), so that human health and the environment are protected during and after any access; WHEREAS, the Parties agree and consent that this Addendum will serve to supplement the HAA by conferring additional obligations, protections and benefits to the Parties and is not intended to conflict with terms and conditions of the HAA; WHEREAS, the Parties acknowledge and agree that the HAA must be approved by the IEPA as an Institutional Control as defined by the regulations of the Illinois Pollution Control Board (“IPCB”); WHEREAS, the Parties acknowledge and agree that the HAA must be approved by the IEPA as a condition of the HAA becoming effective; WHEREAS, Property Owner agrees to record at its expense the HAA and this Addendum with the County Recorder on the property records relating to the Site within thirty (30) days after receiving the no further remediation determination for the Release(s) and IEMA incident number(s) referenced in the HAA; WHEREAS, in the HAA the City stipulates it has jurisdiction over the Right-of -Way(s) that gives the City sole control over access to the soil located within or beneath the Right-of -Way(s); WHEREAS, the City is designated a third party beneficiary of the HAA and the City may enforce the HAA as if a party thereto. NOW THEREFORE, the Parties agree as follows: 1. The recitals set forth above are incorporated by reference as if fully set forth herein. 2. This Addendum is not binding upon the City until it is executed by the undersigned representatives of the Parties and the HAA is also executed by the respective representatives. 3. The HAA and this Addendum shall be null and void should the IEPA not approve the HAA or should the HAA not be referenced in a “No Further Remediation” determination for the Site within two (2) years of the date of the HAA. The City shall not unreasonably deny a written request by Owner for additional time, beyond the two (2) years specified above, to obtain IEPA approval of the HAA or reference of the HAA in a “No Further Remediation” determination for the Site. In the event that IEPA does not approve the HAA due to an objection to any provision in this Addendum, the Parties will in good faith attempt to amend this Addendum in order to address and resolve IEPA’s objection (s). 192 of 441 3 4. The Parties reserve any and all causes of action they may have against one another and persons not a party to this agreement, whether in contribution or cost recovery, including causes of action arising under any law, statute or regulation whatsoever, including the Act, common law, the Resource Conservation and Recovery Act, 42 U.S.C. 6901, et seq., CERCLA, 42 U.S.C. 9601, et seq. 5. This Addendum shall be binding upon and inure to the benefit of all successors in interest to the City. A successor in interest of the City would include a highway authority to which the City would transfer jurisdiction over the highway. 6. Violation of the terms of this Addendum by the Property Owner or the City will not be grounds for voidance or termination of the Addendum and the HAA, unless: (1) the IEPA has determined in writing that the violation is grounds for IEPA’s voidance of the HAA; and, (2) the violation has not been cured within such time as IEPA has granted to cure the violation. 7. Pursuant to Section 9 of the HAA, the City may conduct certain work upon the Right-of-Way(s) and remove or dispose of contaminated soil and groundwater from the Right-of-Way(s) in accordance with applicable environmental laws and regulations. Prior to taking any such action, the City will first give Property Owner no less than ten days (10) written notice, unless there is an immediate threat to the health or safety to any individual or to the public, that it intends to perform work in the Right-of -Way(s) which may involve removing and disposing of contaminated soil or groundwater. During this period, which may be extended by agreement of the parties (such agreement not to be unreasonably withheld), the City and Property Owner will in good faith attempt to agree upon a consensus approach to managing the impacted soil and groundwater in the Right-of -Way(s). The final decision for management will be in the reasonable discretion of the City. Failure of the City to give notice is not a violation of this Addendum. 8. (a) In the event that the City conducts work upon the Right-of -Way(s) and the soil and/or groundwater in the Right-of -Way(s) is not contaminated, Property Owner will have no obligation to the City under this paragraph of this Addendum. (b) In the event that the City conducts work upon the Right-of -Way(s) and the soil and/or groundwater in the Right-of -Way(s) is contaminated, Property Owner and the City shall in good faith cooperate in an attempt to apply for and obtain, for the benefit of the City, reimbursement of all costs incurred by the City for all corrective action activities incurred in connection with work upon the Right-of -Way(s) and the removal or disposal of soil and groundwater from the Right-of- Way(s) to the extent the cost of such corrective action activities are reimbursable under Section 734.632 of the LUST Regulations. Property Owner’s cooperation includes the execution of all forms and documents necessary to make an application for reimbursement under Section 193 of 441 4 734.632 of the LUST Regulations, and the prompt payment to the City of any funds received by Property Owner as a consequence of an application for reimbursement of costs incurred by the City under Section 734.632 of the LUST Regulations. Unless otherwise agreed, Property Owner’s cooperation does not include expending funds or entering into an obligation that requires or may require Property Owner to expend its funds. Property Owner’s cooperation therefore specifically does not include, unless otherwise agreed: contracting for goods or services relating to the removal or disposal of soil and groundwater from the Right-of-Way(s); contracting for goods or services relating to an application for reimbursement under Section 734.632 of the LUST Regulations; incurring costs or advancing funds for the cost of corrective action activities incurred in connection with work upon the Right-of -Way(s) and the removal or disposal of soil and groundwater from the Right-of-Way(s); or incurring costs or advancing funds for costs incurred in the course of making an application for reimbursement under Section 734.632 of the LUST Regulations. Property Owner shall have no further obligations under this paragraph of this Addendum in the event such costs are not reimbursable under Section 734.632 of the LUST Regulation. 9. Notwithstanding Paragraph 4 of the Addendum, the parties, their agents, contractors, employees and its successors in interest waive all claims against one another, in either law or equity, arising under the HAA. 10. Property Owner stipulates that the City has an inadequate remedy at law for Property Owner’s breach of the Addendum and may file for injunctive relief in Circuit Court of County, Illinois to enforce the Addendum. [SEPARATE SIGNATURE PAGES TO FOLLOW] 194 of 441 5 IN WITNESS WHEREOF, the City has caused this Addendum to be signed by its Mayor, a duly authorized representative, and to be binding upon it, its successors and assigns. City of Evanston, Illinois By: Date: _______________________ The Honorable Its: Mayor IN WITNESS WHEREOF, Ventura Realty, Ltd. has caused this Addendum to be signed by its president, a duly authorized representative, and to be binding upon it, its successors and assigns. By: Date: _______________________ Its: President 195 of 441 ATTACHMENT 1 TO ADDENDUM (HIGHWAY AUTHORITY AGREEMENT WITH EXHIBITS) 196 of 441 Illinois Environmental Protection Agency 1021 N. Grand Avenue E.Springfield Illinois 62794-9276 Bureau of Land P.O. Box 19276 HIGHWAY AUTHORITY AGREEMENT This Agreement is entered into this day of , 20 pursuant to 35 Ill. Adm. Code 742.1020 by and between the (1) (“Property Owner”) [or, in the case of a petroleum leaking underground storage tank (UST), the owner/operator of the tank (“Owner/Operator”)] and (2) [Name of Entity in Control of the Right-of-Way] (“Highway Authority”), collectively known as the “Parties.” Ventura Realty, Ltd City of Evanston [Use this paragraph for sites with petroleum leaking underground storage tank(s)] WHEREAS, is the owner or operator of one or more leaking underground storage tanks presently or formerly located at (“the Site”); Ventura Realty, Ltd 1459-1463 Elmwood Avenue, Evanston, Illinois [Use this paragraph for sites that do not have petroleum leaking USTs] WHEREAS, is the owner of the property located at (“the Site”); WHEREAS, as a result of one or more releases of contaminants (“the Release(s)”), soil and/or groundwater contamination at the Site exceeds the Tier 1 residential remediation objectives of 35 Ill. Adm. Code 742; from the above referenced USTs WHEREAS, the soil and/or groundwater contamination exceeding Tier 1 residential remediation objectives extends or may extend into the Highway Authority’s right-of-way; WHEREAS, the Owner/Operator or Property Owner is conducting corrective action in response to the Release(s); WHEREAS, the Parties desire to prevent groundwater beneath the Highway Authority’s right-of-way that exceeds Tier 1 remediation objectives from use as a supply of potable or domestic water and to limit access to soil within the right-of-way that exceeds Tier 1 residential remediation objectives so that human health and the environment are protected during and after any access; NOW, THEREFORE, the Parties agree as follows: 1. The recitals set forth above are incorporated by reference as if fully set forth herein. 2. [Use this paragraph if IEMA has issued an incident number] The Illinois Emergency Management Agency has assigned incident number(s) to the Release(s).20120368 3. Attached as Exhibit A is a scaled map(s) prepared by the that shows the Site and surrounding area and delineates the current and estimated future extent of soil and groundwater contamination above the applicable Tier 1 residential remediation objectives as a result of the Release(s). [Use the following sentence if either soil or groundwater is not contaminated above applicable Tier 1 residential remediation objectives: is not contaminated above the applicable Tier 1 residential remediation objectives.] Owner/Operator 4. Attached as Exhibit B is a table(s) prepared by the that lists each contaminant of concern that exceeds its Tier 1 residential remediation objective, its Tier 1 residential remediation objective and its concentrations within the zone where Tier 1 residential remediation objectives are exceeded. The locations of the concentrations listed in Exhibit B are identified on the map(s) in Exhibit A. Owner/Operator 197 of 441 5. Attached as Exhibit C is a scaled map prepared by the showing the area of the Highway Authority’s right-of-way that is governed by this agreement (“Right-of-Way”). Because Exhibit C is not a surveyed plat, the Right-of-Way boundary may be an approximation of the actual Right-of-Way lines. Owner/Operator 6. [Use this paragraph if samples have not been collected within the Right-of-Way, sampling within the Right-of-Way is not practical, and contamination does not extend beyond the Right-of-Way.] Because the collection of samples within the Right-of-Way is not practical, the Parties stipulate that, based on modeling, soil and groundwater contamination exceeding Tier 1 residential remediation objectives does not and will not extend beyond the boundaries of the Right-of- Way. 7. The Highway Authority stipulates it has jurisdiction over the Right-of-Way that gives it sole control over the use of the groundwater and access to the soil located within or beneath the Right-of-Way. 8. The Highway Authority agrees to prohibit within the Right-of-Way all potable and domestic uses of groundwater exceeding Tier 1 residential remediation objectives. 9. The Highway Authority further agrees to limit access by itself and others to soil within the Right-of-Way exceeding Tier 1 residential remediation objectives. Access shall be allowed only if human health (including worker safety) and the environment are protected during and after any access. The Highway Authority may construct, reconstruct, improve, repair, maintain and operate a highway upon the Right-of-Way, or allow others to do the same by permit. In addition, the Highway Authority and others using or working in the Right-of-Way under permit have the right to remove soil or groundwater from the Right-of-Way and dispose of the same in accordance with applicable environmental laws and regulations. The Highway Authority agrees to issue all permits for work in the Right-of-Way, and make all existing permits for work in the Right-of-Way, subject to the following or a substantially similar condition: As a condition of this permit the permittee shall request the office issuing this permit to identify sites in the Right-of-Way where a Highway Authority Agreement governs access to soil that exceeds the Tier 1 residential remediation objectives of 35 Ill. Adm. Code 742. The permittee shall take all measures necessary to protect human health (including worker safety) and the environment during and after any access to such soil. 10. This agreement shall be referenced in the Agency’s no further remediation determination issued for the Release(s). 11. The Agency shall be notified of any transfer of jurisdiction over the Right-of-Way at least 30 days prior to the date the transfer takes effect. This agreement shall be null and void upon the transfer unless the transferee agrees to be bound by this agreement as if the transferee were an original party to this agreement. The transferee’s agreement to be bound by the terms of this agreement shall be memorialized at the time of transfer in a writing ("Rider") that references this Highway Authority Agreement and is signed by the Highway Authority, or subsequent transferor, and the transferee. 12. This agreement shall become effective on the date the Agency issues a no further remediation determination for the Release(s). It shall remain effective until the Right-of-Way is demonstrated to be suitable for unrestricted use and the Agency issues a new no further remediation determination to reflect there is no longer a need for this agreement, or until the agreement is otherwise terminated or voided. 13. In addition to any other remedies that may be available, the Agency may bring suit to enforce the terms of this agreement or may, in its sole discretion, declare this agreement null and void if any of the Parties or any transferee violates any term of this agreement. The Parties or transferee shall be notified in writing of any such declaration. 14. This agreement shall be null and void if a court of competent jurisdiction strikes down any part or provision of the agreement. 15. This agreement supersedes any prior written or oral agreements or understandings between the Parties on the subject matter addressed herein. It may be altered, modified or amended only upon the written consent and agreement of the Parties. 16. Any notices or other correspondence regarding this agreement shall be sent to the Parties at following addresses: 198 of 441 Manager, Division of Remediation Management Bureau of Land Illinois Environmental Protection Agency P.O. Box 19276 Springfield, IL 62974-9276 City of Evanston (Contact at Highway Authority) Address 2100 Ridge Avenue City Evanston State IL Zip Code 60201 Property Owner or Owner/Operator Name Ventura Realty, Ltd. Address 210 Kilpatrick Avenue City Wilmette State IL Zip Code 60091 IN WITNESS WHEREOF, the Parties have caused this agreement to be signed by their duly authorized representatives. [NAME OF LOCAL GOVERNMENT] Date:By: Its: Property Owner or Owner/Operator Date:By: Title 199 of 441 EXHIBIT A –FIGURES SHOWING EXTENT OF SOIL AND GROUNDWATER CONTAMINATION 200 of 441 EW2 (B-5.3)Asphalt ParkingOne Story Brick Building Grass Conc. Walk Asphalt Parking Former USTs MW-1 SB-1 SB-2/MW-2 SB-4 SB-5 MW-4 NW1 (B-6.7, X-30.0) NW2 EW1 (B-3.0) SW2SW1 WW2 Railroad Tracks Village of Evanston Police StationElmwood AvenueMetropolitan Water Reclamation District Lake Street Yung Environmental, Inc. 6855 Didrikson Lane, Woodridge, IL 60517 (630)420-0913 Legend Sewer Manhole Natural Gas Line Water Main Scale: 1 inch = 40 Feet 1459 - 1463 Elmwood Avenue Evanston, IllinoisFigure 1: Site Map Showing Extent of Soil Contamination Monitoring Well Tank Excavation Soil Sample Soil Boring Benzene Concentration mg/kg Xylenes Concentration mg/kg B-3.0 X-30.0 Extent of Offsite Soil Concentrations Above the Soil Ingestion and Inhalation Route which Requires an Engineered Barrier SB-7/MW-6 (B-0.074) SB-6/MW-5 (B-0.031) N SB-3/MW-3 (X - 40.0) WW1 (B-10.0) Estimated Extent of Soil Contamination Above the Tier 1 Soil Remediation Objectives 201 of 441 Asphalt ParkingOne Story Brick Building Grass Conc. Walk Asphalt Parking Former USTs SB-3/MW-3 (B-1.2) MW-1 (B-0.15) SB-1 SB-2/MW-2 SB-4 SB-5 MW-4 NW1 NW2 EW2 EW1 SW2SW1 WW1 WW2 Railroad Tracks Village of Evanston Police StationElmwood AvenueMetropolitan Water Reclamation District Lake Street Yung Environmental, Inc. 6855 Didrikson Lane, Woodridge, IL 60517 (630)420-0913 Legend Sewer Manhole Natural Gas Line Water Main Scale: 1 inch = 40 Feet 1459 - 1463 Elmwood Avenue Evanston, IllinoisFigure 2: Site Map Showing Modeled Extent of Groundwater Contamination Soil Boring Monitoring Well Tank Excavation Soil Sample Benzene Concentration mg/LB-0.15 SB-7/MW-6 (B-0.074) SB-6/MW-5 (B-0.031) Modeled Extent of Groundwater Contamination N 202 of 441 EXHIBIT B –TABLES OF ANALYTICAL RESULTS 203 of 441 1459-1463 Elmwood Avenue, Evanston, IL Table 1: Analytical Results of Soil Samples (BTEX, MTBE and Lead) - May 16 and 17, 2012 IEMA #20120368 Floor 1 W Wall 1 S Wall 1 Floor 2 S Wall 2 Floor 3 N Wall 2 5/16/2012 5/16/2012 5/16/2012 5/16/2012 5/16/2012 5/16/2012 5/17/2012 Analyte Ingestion Inhalation Class I Class II Benzene 12 0.8 0.03 0.17 0.0057 10 < 0.0067 < 0.006 < 0.0049 < 0.005 0.0087 Toluene 16,000 650 / 42* 12 29 < 0.0055 0.035 < 0.0067 < 0.006 < 0.0049 < 0.005 < 0.006 Ethylbenzene 7,800 400 / 58* 13 19 < 0.0055 0.034 < 0.0067 < 0.006 < 0.0049 < 0.005 < 0.006 Xylenes, Total 16,000 320 / 5.6* 150 150 < 0.016 0.15 < 0.02 < 0.018 < 0.015 < 0.015 < 0.018 MTBE 780 8,800 / 140* 0.32 0.32 < 0.0055 < 0.0061 < 0.0067 < 0.006 < 0.0049 < 0.005 < 0.006 Lead 400 ---3.9 2.9 2.9 3.7 14 4.1 6.2 Note: Concentrations in milligrams per kilogram (mg/kg) Concentrations compared to IEPA Tiered Approach To Corrective Action Tier 1 soil remediation objectives, 35IAC Part 742 * - Construction Worker Inhalation Objective from Appendix B, Table B. 10 Concentration exceeds the most stringent Tier 1 soil remediation objective Route Specific Values for Soil Soil Component of Groundwater Ingestion Exposure Route Values Soil Samples Collected From Tank Excavation Page 1204 of 441 1459-1463 Elmwood Avenue, Evanston, IL Table 1: Analytical Results of Soil Samples (BTEX, MTBE and Lead) - May 16 and 17, 2012 IEMA #20120368 N Wall 1 W Wall 2 E Wall 1 E Wall 2 Floor 4 Floor 5 Floor 6 5/17/2012 5/17/2012 5/17/2012 5/17/2012 5/17/2012 5/17/2012 5/17/2012 Analyte Ingestion Inhalation Class I Class II Benzene 12 0.8 0.03 0.17 6.7 < 0.0051 3 5.3 < 0.0064 < 0.0055 0.015 Toluene 16,000 650 / 42* 12 29 0.4 < 0.0051 0.034 0.44 < 0.0064 < 0.0055 0.0085 Ethylbenzene 7,800 400 / 58* 13 19 11 < 0.0051 < 0.0051 < 0.26 < 0.0064 < 0.0055 < 0.0057 Xylenes, Total 16,000 320 / 5.6* 150 150 30 < 0.015 < 0.015 < 0.78 < 0.019 < 0.016 < 0.017 MTBE 780 8,800 / 140* 0.32 0.32 < 0.0065 < 0.0051 < 0.0051 < 0.26 < 0.0064 < 0.0055 < 0.0057 Lead 400 ---8 7 9.9 17 4 4.8 25 Note: Concentrations in milligrams per kilogram (mg/kg) Concentrations compared to IEPA Tiered Approach To Corrective Action Tier 1 soil remediation objectives, 35IAC Part 742 * - Construction Worker Inhalation Objective from Appendix B, Table B. 10 Concentration exceeds the most stringent Tier 1 soil remediation objective Route Specific Values for Soil Soil Component of Groundwater Ingestion Exposure Route Values Soil Samples Collected From Tank Excavation Page 2205 of 441 1459-1463 Elmwood Avenue, Evanston, IL Table 1: Analytical Results of Soil Samples - BTEX and MTBE (June 19, 2012) IEMA# 20120368 SB-1 (3'-5') SB-1 (5'-7') SB-2 (3'-5') SB-2 (5'-7') SB-3 (3'-5') 6/19/2012 6/19/2012 6/19/2012 6/19/2012 6/19/2012 Analyte Ingestion Inhalation Class I Class II Benzene 12 0.8 0.03 0.17 0.013 0.0083 < 0.0058 < 0.0062 < 0.0065 Toluene 16,000 650 / 42* 12 29 < 0.0053 0.011 < 0.0058 < 0.0062 < 0.0065 Ethylbenzene 7,800 400 / 58* 13 19 < 0.0053 < 0.0061 < 0.0058 < 0.0062 < 0.0065 Xylenes, Total 16,000 320 / 5.6* 150 150 < 0.016 < 0.018 < 0.017 < 0.019 < 0.019 Methyl tert-butyl ether 780 8,800 / 140* 0.32 0.32 < 0.0053 < 0.0061 < 0.0058 < 0.0062 < 0.0065 Notes: Soil Remediation Objectives - 35 IAC Part 742, Tiered Approach to Corrective Action Objectives for Residential Properties Concentrations in milligrams per kilogram (mg/kg) *Soil Remediation Objective for Construction Worker Inhalation Route **The soil sample was collected from 7' to 10' and mistakenly entered in the COC form as 5' to 7' 40 Concentration exceeds the most stringent soil remediation objective Soil Samples Collected On-site Sample ID : Date Collected : Route Specific Values for Soil Soil Component of Groundwater Ingestion Exposure Route Values Page 1206 of 441 1459-1463 Elmwood Avenue, Evanston, IL Table 1: Analytical Results of Soil Samples - BTEX and MTBE (June 19, 2012) IEMA# 20120368 SB-3 (5'-7') SB-4 (5'-7') SB-5 (3'-5') SB-5 (7'-10')** 6/19/2012 6/19/2012 6/19/2012 6/19/2012 Analyte Ingestion Inhalation Class I Class II Benzene 12 0.8 0.03 0.17 < 0.3 0.0057 < 0.0062 < 0.0077 Toluene 16,000 650 / 42* 12 29 < 0.3 < 0.0048 < 0.0062 < 0.0077 Ethylbenzene 7,800 400 / 58* 13 19 11 < 0.0048 < 0.0062 < 0.0077 Xylenes, Total 16,000 320 / 5.6* 150 150 40 < 0.015 < 0.019 < 0.023 Methyl tert-butyl ether 780 8,800 / 140* 0.32 0.32 < 0.3 < 0.0048 < 0.0062 < 0.0077 Notes: Soil Remediation Objectives - 35 IAC Part 742, Tiered Approach to Corrective Action Objectives for Residential Properties Concentrations in milligrams per kilogram (mg/kg) *Soil Remediation Objective for Construction Worker Inhalation Route **The soil sample was collected from 7' to 10' and mistakenly entered in the COC form as 5' to 7' 40 Concentration exceeds the most stringent soil remediation objective Soil Samples Collected On-site Sample ID : Date Collected : Route Specific Values for Soil Soil Component of Groundwater Ingestion Exposure Route Values Page 2207 of 441 1459-1463 Elmwood Avenue, Evanston, IL Table 2: Analytical Results of Groundwater Samples (June 20, 2012) IEMA # 20120368 MW-1 MW-2 MW-3 MW-4 6/20/2012 6/20/2012 6/20/2012 6/20/2012 Analyte Units Class I Class II Benzene mg/L 0.005 0.025 0.15 < 0.005 1.2 < 0.005 Toluene mg/L 1.0 2.5 0.036 < 0.005 < 0.005 < 0.005 Ethylbenzene mg/L 0.7 1.0 0.016 < 0.005 0.0053 < 0.005 Xylenes, Total mg/L 10.0 10.0 0.082 < 0.015 0.019 < 0.015 Methyl tert-butyl ether mg/L 0.07 0.07 < 0.005 < 0.005 < 0.005 < 0.005 Notes: Groundwater Remediation objectives - 35 IAC Part 742, Tiered Approach to Corrective Action Objectives 0.15 Concentration above the Groundwater Remediation Objective Sample ID : Date Collected : Groundwater Remediation Objective Groundwater Samples Collected On-site Page 1208 of 441 1459-63 Elmwood Avenue, Evanston, IL Table 1: Analytical Results of Soil Samples - BTEX (October 31, 2012) Site Investigation Completion Report IEMA# 20120368 SB-6 (3-5) SB-6 (7-10) SB-6 (10-12) SB-7 (3-5) SB-7 (7-10) SB-7 (10-12) 10/31/2012 10/31/2012 10/31/2012 10/31/2012 10/31/2012 10/31/2012 Analyte Ingestion Inhalation Class I Class II Benzene 12 0.8 0.03 0.17 < 0.0065 < 0.0071 < 0.0053 < 0.0055 < 0.0056 < 0.0065 Toluene 16,000 650 / 42* 12 29 < 0.0065 < 0.0071 < 0.0053 < 0.0055 < 0.0056 < 0.0065 Ethylbenzene 7,800 400 / 58* 13 19 < 0.0065 < 0.0071 < 0.0053 < 0.0055 < 0.0056 < 0.0065 Xylenes, Total 16,000 320 / 5.6* 150 150 < 0.02 < 0.021 < 0.016 < 0.016 < 0.017 < 0.019 Notes: Concentrations in milligrams per kilogram (mg/kg) Tier 1 soil remediation objectives for residential properties, 35 IAC Part 742 * - Construction Worker Inhalation Objective from Appendix B, Table B. Soil Component of Groundwater Ingestion Exposure Route Values Offsite Soil Borings (Parkway in front of City of Evanston Police Station) Page 1209 of 441 1459-63 Elmwood Avenue, Evanston, IL Table 2: Analytical Results of Groundwater Samples (November 1, 2012) Site Investigation Completion Report IEMA# 20120368 MW-5 MW-6 11/01/2012 11/01/2012 Analyte Units Class I Class II Benzene mg/L 0.005 0.025 0.031 0.074 Toluene mg/L 1.0 2.5 < 0.005 < 0.005 Ethylbenzene mg/L 0.7 1.0 < 0.005 < 0.005 Xylenes, Total mg/L 10.0 10.0 < 0.015 < 0.015 Note: Class I and Class II groundwater remediation objectives, 35 IAC Part 742 0.031 Concentration above Class I and Class II groundwater remediation objectives Sample ID : Date Collected : Groundwater Remediation Objective Offsite Monitoring Wells (Parkway - In front of City of Evanston Police Station) Page 1210 of 441 EXHIBIT C –FIGURE SHOWING AREA OF HIGHWAY AUTHORITY AGREEMENT 211 of 441 Asphalt ParkingOne Story Brick Building Grass Conc. Walk Asphalt Parking Former USTs SB-3/MW-3 (B-1.2) MW-1 (B-0.15) SB-1 SB-2/MW-2 SB-4 SB-5 MW-4 NW1 NW2 EW2 EW1 SW2SW1 WW1 WW2 Railroad Tracks Village of Evanston Police StationElmwood Ave.Metropolitan Water Reclamation District Lake Street Yung Environmental, Inc. 6855 Didrikson Lane, Woodridge, IL 60517 (630)420-0913 Legend Sewer Manhole Natural Gas Line Water Main Scale: 1 inch = 40 Feet 1459 - 1463 Elmwood Avenue Evanston, IllinoisFigure 3: Site Map Showing Highway Authority Agreement Soil Boring Monitoring Well Tank Excavation Soil Sample Benzene Concentration mg/LB-0.15 Area of Highway Authority Agreement SB-7/MW-6 (B-0.074) SB-6/MW-5 (B-0.031) Modeled Extent of Groundwater Contamination N Engineered Barrier Estimated Extent of Soil Contamination Above Tier 1 Soil Remediation Objectives Area which limitation on access to soil applies to excavations at a depth greater than three feet Engineered Barrier 212 of 441 For City Council Meeting of May 28, 2013 Item A8 Ordinance 42-O-13: Authorizing the Sale of Surplus Fleet Vehicles For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Lonnie Jeschke, CPFP, Manager Fleet Services Subject: Ordinance 42-O-13: Sale of Surplus Property Date: May 23, 2013 Recommended Action: Staff recommends the City Council authorize the City Manager to publicly offer the sale of various vehicles and equipment owned by the city through public auction based on Ordinance 42-O-13. The vehicles are presently out of service. This ordinance was introduced at the May 13, 2013 City Council meeting. Funding Source: N/A Summary: The Fleet Services Division typically participates in two to three vehicle and equipment auctions per year in the Northern Illinois area. The auctions are provided on behalf of Manheim Auction Service, 550 S. Bolingbrook Drive, Bolingbrook, Illinois 60440. This request authorizes the Fleet Division of Public Works to sell the vehicles and equipment listed in the table below through Manheim Auction Services Live Auction on Tuesday, June 18, 2013 at the Manheim Arena located at 550 S. Bolingbrook Drive, Bolingbrook, Illinois 60440, or any subsequent Manheim live auction or online internet auction to the highest bidder. All proceeds from the auction will be credited to account number 7780.56065, “Sale of Surplus Property.” Memorandum 213 of 441 Page 2 of 2 SURPLUS FLEET VEHICLES/EQUIPMENT Cost Center Department Vehicle # Vehicle Make Vehicle Model Year V.I.N. # Overall Condition Status 2675 Public Works 633 Ford F- 350 2003 1FDWF37P83EB49157 Very Poor Out of Service 2315 EF&LSS 307 Ford Excursion 2003 1FMNU41S63ED67571 Poor Replacement on order 3520 P.W. Forestry 562 Vemeer 2001 1VRN13122Y1002259 Very Poor Replacement on order 2670 P.W. Streets 613 I.H. 4900 1998 1HTSHAAR0WH535250 Very Poor Replacement on order 2115 C.D. Inspections 814 Ford Ranger 2000 1FTYR10V7YPC02380 Poor Replacement on order Attachments: Ordinance 42-O-13: Authorizing the Sale of Surplus Fleet Vehicles Owned by the City of Evanston (Manheim Auction Service Municipal Equipment Auction) 214 of 441 03/25/2013 04/26/2013 42-O-13 AN ORDINANCE Authorizing the Sale of Surplus Fleet Vehicles & Equipment Owned by the City of Evanston (Manheim Auction Service Municipal Equipment Auction) WHEREAS, the City Council of the City of Evanston has determined that it is no longer necessary, practical, or economical for the best interest of the City to retain ownership of certain surplus fleet vehicles that have an aggregate value in excess of one thousand, five hundred dollars ($1,500.00) and are described in Exhibit A, which is attached hereto and incorporated herein by reference; and WHEREAS, the City Council has determined that it is in the best interest of the City of Evanston to sell said surplus fleet vehicles to the highest bidder, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: Pursuant to Subsection 1-17-3-(B) of the Evanston City Code of 1979, as amended, the City Council hereby authorizes and directs the City Manager to sell the aforementioned surplus fleet vehicles, upon terms and conditions he deems reasonable, necessary, and in the best interests of the City, to the highest bidder at the Manheim Auction Service, Northwest Municipal Conference Auction to be held on Tuesday June 18th, 2013 at the Manheim Arena located at 550 S. Bolingbrook Drive in Bolingbrook Illinois, 60440, or at any subsequent Manheim live or online auction. 215 of 441 42-O-13 ~2~ SECTION 3: Upon payment of the price indicated by the Manheim Auction Service, the City Manager is hereby authorized to convey evidence of ownership of aforesaid surplus personal fleet vehicles to the Manheim Auction Service. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 216 of 441 42-O-13 ~3~ EXHIBIT A SALE OF SURPLUS PROPERTY/VEHICLES Cost Center Department Vehicle # Vehicle Make Vehicle Model Year V.I.N. # Overall Condition Status 2675 Public Works 633 Ford F- 350 2003 1FDWF37P83EB49157 Very Poor Out of Service 2315 EF&LSS 307 Ford Excursion 2003 1FMNU41S63ED67571 Poor Replacement on order 3520 P.W. Forestry 562 Vemeer 2001 1VRN13122Y1002259 Very Poor Replacement on order 2670 P.W. Streets 613 I.H. 4900 1998 1HTSHAAR0WH535250 Very Poor Replacement on order 2115 C.D. Inspections 814 Ford Ranger 2000 1FTYR10V7YPC02380 Poor Replacement on order 217 of 441 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, May 28, 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 MAY 13, 2013 III. ITEMS FOR CONSIDERATION (P1) 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 to Community Partners for Affordable Housing (CPAH) for the acquisition and rehabilitation of two housing units for rental that is affordable for households whose incomes do not exceed 60% of the area median income. Funding is provided by the HOME fund, which currently has a balance of approximately $640,000 in HOME entitlement funds. For Action (P2) Ordinance 36-O-13 Amending the Zoning Ordinance to Rezone 1715 Church Street, 1703 Darrow Avenue and 1711 Darrow Avenue from I2 to MXE The Plan Commission and City staff recommend approval of Ordinance 36-O-13, a map amendment to rezone the property commonly known as 1715 Church Street & 1703 Darrow Avenue (PIN 10-13-221-019) and 1711 Darrow Avenue (PIN 10-13- 221-018) from the I2 General Industrial District to the MXE Mixed Use Employment District. For Introduction 218 of 441 Planning & Development Committee Meeting Agenda Page 2 of 2 May 28, 2013 (P3) Ordinance 37-O-13 Amending the Zoning Ordinance to Rezone 2153, 2143 & 2145 Ashland Avenue, 1515 & 1523 Payne Street, and 2150 & 2156 Green Bay Road from C2 to MXE The Plan Commission and City staff recommend approval of Ordinance 37-O-13, a map amendment to rezone the properties commonly known as 2153 Ashland Avenue (PIN 10-12-416-006); 2143 & 2145 Ashland Avenue (PIN 10-12-416-008); 1523 Payne Street (PIN 10-12-416-009); 1515 Payne Street (PIN 10-12-416-010); 2150 Green Bay Road, (PIN 10-12-416-016 & 10-12-416-017); and 2156 Green Bay Road (PIN 10-12-416-011, 10-12-416-012, 10-12-416-018, 10-12-416-015) from the C2 Commercial District to the MXE Mixed Use Employment District. For Introduction (P4) Ordinance 53-O-13 Granting a Special Use for a Resale Establishment at 1104 Davis Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 53-O-13 granting a special use permit for a Resale Establishment for office furniture at 1104 Davis Street called Not Fade Away. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. For Introduction (P5) Ordinance 50-O-13; Amending Various Portions of the City Code in order to Regulate Vacation Rentals as a Type of B&B Establishment Staff requests consideration of Ordinance 50-O-13, which would regulate vacation rentals as a subset of B&B establishments. Consequently, any vacation rental could operate only pursuant to a Special Use permit issued by the City Council after recommendation from the ZBA. This ordinance was introduced at the May 13, 2013 City Council meeting and returned to Planning and Development Committee for further amendment. For Action IV. ITEMS FOR DISCUSSION (PD1) Ordinance 54-O-13, Amending Subsections 6-4-1-14 and 6-18-3 Regarding Occupancy of Dwelling Units Staff submits for discussion and possible referral to Plan Commission, Ordinance 54- O-13, upon request from Alderman Wilson. For Discussion V. COMMUNICATIONS VI. ADJOURNMENT 219 of 441 Planning & Development Committee Meeting Minutes of May 13, 2013 City Council Chambers – 7:30 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Fiske, D. Holmes, A. Rainey, D. Wilson, M. Wynne STAFF PRESENT: W. Bobkiewicz, Ald. C. Burrus, G. Farrar, E. Jackson, D. Marino, B. Newman, J. McRae PRESIDING OFFICIAL: Ald. Fiske I. DECLARATION OF QUORUM A quorum being present, Chair Fiske called the meeting to order at 8:00 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF APRIL 22, 2013 Ald. Holmes moved approval of the minutes of the April 22, 2013 meeting seconded by Ald. Wynne. The minutes of the April 22, 2013 P&D meeting were approved unanimously 5-0. III. ITEMS FOR CONSIDERATION (P1) Approval of Sidewalk Café for JT’s Bar and Grill, 1639 Orrington Avenue Staff recommends approval of a first-time application for a sidewalk café (SWC) permit for JT’s Bar and Grill, a Type 1 Restaurant located at 1639 Orrington Avenue. For Action Ald. Rainey moved to recommend approval, seconded by Ald. Wilson. The Committee voted unanimously 5-0 to recommend approval of the sidewalk café. (P2) Approval of Sidewalk Café for World of Beer, 1601 Sherman Avenue Staff recommends approval of a first-time application for a sidewalk café (SWC) permit for World of Beer a Type 1 Restaurant located at 1601 Sherman Avenue. For Action Ald. Rainey moved to recommend approval, seconded by Ald. Holmes. Chair Fiske called the people who wished to speak to the podium. Ted Pierce, the business owner, was present in case there were questions. Marilyn Ruiz of 1580 Sherman noted that there are three entrances to the World of Beer, on Sherman, Orrington and on Fountain Square. She asked that the café not be on the Fountain Square side because many people of all ages use it and the DRAFT – NOT APPROVED 220 of 441 Planning & Development Committee Meeting Minutes of 5-13-13 Page 2 of 5 smoke will be inhaled by them. She said she is aware and supportive of economic development as she has been named North Shore Businesswoman of the Year in the past. She said the business has been a good neighbor. Mr. Pierce confirmed that the café will be on the Orrington side. Mr. Bobkiewicz said the City will work with the owner and that the War Memorial on Fountain Square is considered a park, which is considered a no-smoking area. The Committee voted unanimously 5-0 to recommend approval of the sidewalk café. (P3) Ordinance 49-O-13; Granting Major Zoning Relief for the Elimination of Required Parking at 623-627 ½ Howard Street Staff recommends adoption of Ordinance 49-O-13 granting major zoning relief to eliminate 8 required off-street parking spaces for a Type 1 Restaurant for a total of zero off-street parking spaces. The proposal will allow for the redevelopment of a vacant commercial space and will not negatively impact adjacent properties since there is ample street parking, and public and private parking lots. For Introduction Ald. Wynne moved to recommend introduction, seconded by Ald. Holmes. Ald. Rainey explained that the reason for the zoning relief is that years ago the zoning analysis showed 8 garages behind stores, but cars never park in those garages. They are used for off site storage for businesses in the vicinity. The previous business was required to lease 8 spaces off site for 24 hours a day. There are 5 vacant private parking lots on Howard Street. She suggested amending proposed Ordinance 49-O-13 to require that 8 parking spaces are leased during the evening hours only, since there is ample parking during the day. Chair Fiske called the public who wished to speak to the podium. Junad Rizke of 2784 Sheridan said there is an issue with the City being highly involved with these deals and asked why the zoning analysis is not done before the sale occurs. He said after the sale, the City has a financial interest in the business’s success. Ald. Rainey said it is not her problem if it doesn’t get approved at that point and she believes it was clever that the City got them to sign before the zoning/parking was decided. Mr. Bobkiewicz clarified that the amendment would require the lease of parking spaces from 6:00 to midnight. The Committee voted unanimously 5-0 to recommend introduction of Ordinance 49-O-13 as amended. 221 of 441 Planning & Development Committee Meeting Minutes of 5-13-13 Page 3 of 5 (P4) Ordinance 50-O-13; Amending Various Portions of the City Code in order to Regulate Vacation Rentals as a Type of B&B Establishment Staff requests consideration of Ordinance 50-O-13, which would regulate vacation rentals as a subset of B&B establishments. Consequently, any vacation rental could operate only pursuant to a Special Use permit issued by the City Council after recommendation from the ZBA. For Introduction Ald. Wilson moved to recommend introduction, seconded by Ald. Wynne. Chair Fiske called the public who wished to speak to the podium. Kim Novi of 2507 Ashland thanked the Committee for the Ordinance which she said addresses most concerns. She said she felt they had listened. She said she would like the Ordinance to require that the property is owner occupied at the time of the rental. She asked what it means the City will do in relation to 2515 Ashland, once it is passed. Maureen O’Donnel of 2509 Ashland thanked the Committee and said she is concerned about permitted rentals when the owner is not on the premises. She noted that on Dobson the non-owner occupied property was the troublesome one. She urged the Committee to remember that the issue has been going on for over 7 months and she has submitted 127 signatures on a petition and that none of the neighbors have come forward in support of it. Mary Rosinski of 1729 Chancellor, said the Ordinance excludes residents who’s property is in the process of being sold or under renovation. She said the Ordinance is a step backwards if it stipulates rentals for less than 30 days must acquire a special use permit adding an extra burden besides the property transfer tax. Ald. Wilson said her point was well taken. He said he would like to consider how the revisions will impact the B&B Ordinance and would like a partial re-drafting of the definition. He suggested that staff take time to address all the concerns voiced, and noted that someone just needs to apply for the special use. Ald. Wilson moved to hold the item in Committee in order for exceptions to be included and for it to tie into other provision definitions. Ald. Rainey agreed that the Ordinance needs to be cleaned up and moved to introduce it and return it to Committee, seconded by Ald. Wilson. Mr. Bobkiewicz agreed there are obvious exceptions such as those involving a real estate contract. The Committee voted unanimously 5-0 to recommend Ordinance 50-O-13 be introduced and returned to Committee. (P5) Ordinance 46-O-13; Amending the Zoning Ordinance to Allow Yard Waste Transfer Facilities as Special Uses in the I3 District. 222 of 441 Planning & Development Committee Meeting Minutes of 5-13-13 Page 4 of 5 The Plan Commission and City staff recommend approval of proposed Ordinance 46-O-13 amending the Zoning Ordinance to allow yard waste transfer facilities as special uses in the I3 General Industrial District. The P&D Committee held Ordinance 46-O-13 in committee at its meeting of April 22, 2013, at the request of 9th Ward Alderman Coleen Burrus. For Introduction Ald. Rainey moved to recommend introduction, seconded by Ald. Wynne. Ald. Rainey said she attended a meeting with Ald. Burrus, the owner/operator and 30 plus people who expressed many concerns. Chair Fiske called the public who wished to speak to the podium. Ald. Colleen Burrus of 1312 Cleveland, said she and Ald. Rainey hosted a meeting for the 8th and 9th wards at which the property owner answered questions and concerns, which can be addressed in the special use conditions. Ald. Rainey commented that it was a very reasonable, decent meeting. The Committee voted unanimously 5-0 to recommend introduction of Ordinance 46-O-13. (P6) Resolution 31-R-13; 1890 Maple Avenue Parking Lease City Manager requests authorization from the City Council to negotiate with PARC Investment Properties, LLC regarding a parking lease for 1890 Maple Avenue as provided by Resolution 31-R-13. For Action Ald. Rainey explained that when the research park was being created, a builder named Charles Shaw was building in the area and it was expensive to build with parking, so the City Council required that the parking lots in the area lease parking to the office workers in the buildings. But in this case the building includes parking so paying $30,000 for a parking lease that no one will use or ever did use. Ald. Wilson agreed that the lease does not apply to the current property. Ald. Rainey said the Resolution allows the City Manager to negotiate with the new building owner. Mr. Bobkiewicz said there is a lease but unless specific findings are made, he will craft a document that protects Mr. King, the new owner from liability for the lease. Ald. Wynne said she was on the City Council at the time the lease was put in place and she anticipated office buildings would be there but Mr. King is not building office buildings and he is including parking. Mr. Bobkiewicz said the document will also clarify that the office building has been vacant. 223 of 441 Planning & Development Committee Meeting Minutes of 5-13-13 Page 5 of 5 Ald. Holmes suggested that if there are other similar situations, the Committee should direct the City Manager to clear those up too. Mr. Bobkiewicz said that one other has requested an amendment to their lease. Gregg Graines of DLA Piper, representing Mr. King said in March he submitted a simple termination and release of the lease since the zoning has changed and the building is no longer to be used as office space, therefore the lease would no longer apply. Chair Fiske said she is concerned that no one has mentioned that other people have been parking in the dedicated parking spaces. Mr. Bobkiewicz said he and Mr. Farrar are thankful to Ald. Wilson for his help in resolving the issue. The Committee voted unanimously 5-0 to recommend approval of 31-R-13. IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT Ald. Rainey moved to adjourn, seconded by Ald. Wynne. The meeting was adjourned at 8:40 p.m. Respectfully submitted, Bobbie Newman 224 of 441 For City Council meeting of May 28, 2013 Item P1 Business of the City 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: Wally Bobkiewicz, City Manager 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: May 20, 2013 Recommendation The Housing and Homelessness Commission and staff recommend the approval of a $277,685 forgivable HOME loan to Community Partners for Affordable Housing (CPAH) for the acquisition and rehabilitation of two housing units for rental that is affordable for households whose incomes do not exceed 60% of the area median income . Funding Funding is provided by the HOME fund. Currently, the City has a balance of approximately $640,000 in HOME entitlement funds and program income that must be committed to projects by August 31, 2013. Funding this project would help meet the required commitment deadline. Discussion CPAH is requesting a $277,685 forgivable HOME loan from the City of Evanston to acquire and rehabilitate two units of housing for affordable rental. Following the direction of the Planning & Development Committee at its February 25, 2013 meeting, CPAH has continued to seek to identify a specific property for its project. A suitable property has not been identified to date. During that time, the City has gotten CPAH approved for First Look purchases through the National Community Stabilization Trust (NCST) and other bank First Look programs not handled by NCST, however the banks will not extend the 10-day First Look period. Properties that do not go under contract during First Look are listed on MLS, where prices are driven up primarily by investors entering the scattered site rental market. The Housing & Homelessness Commission and staff recommend approval of a scattered site acquisition process similar to the NSP2 program for this project. A Memorandum 225 of 441 Page 2 residential property or properties must meet the requirements outlined below in order to be acquired by CPAH. Properties that are eligible for acquisition under HOME regulations but do not meet the criteria below may not be acquired by CPAH unless specific approval is received from the City of Evanston and may require additional action by City Council. The City of Evanston will enter into an agreement for HOME funds with CPAH to enable the acquisition of a residential property or properties in Evanston consistent with applicable law and HOME requirements published at 24 CFR Part 92 "HOME Investment Partnership Program, Final Rule” and subject to City of Evanston staff review, but not subject to further City Council action, provided that the following conditions are met: a. Evanston property(ies) located in four census block groups 8096002 (boundaries are Church St, Florence Ave, Greenwood St, Ashland Ave, Dempster St and Dodge Ave); 8096003 (boundaries are Church St, Dodge Ave, Dempster St and the canal); 8097002 (boundaries are Dempster St, Florence Ave, Lee St, Brown Ave, Main St, Pitner Ave, Greenleaf St, Hartrey Ave) & 8097003 (boundaries are Dempster St, Hartrey Ave, Greenleaf St, Pitner Ave, Main St and the canal) are prioritized; properties in either census tract 8092 or census tract 8102, the NSP2 target areas, are not eligible (see attached map) b. Property(ies) comprise at least two units of housing suitable for rental to households whose incomes do not exceed 60% of the area median income c. Properties with units having three bedrooms, suitable for larger families/households, are a priority for acquisition d. Total HOME investment for acquisition and rehabilitation of the property(ies) will not exceed $277,685 AND the HOME investment per unit will not exceed the amounts shown below: 1. $72,750 for one bedroom units (50% of HOME maximum of $145,516) 2. $101,825 for two bedroom units (55% of HOME maximum of $185,136) 3. $143,700 for three bedroom units (60% of HOME maximum of $239,505) 4. $157,740 for four or more bedroom units (60% of HOME maximum of $262,903) e. Project must meet The City of Evanston’s HOME underwriting standards as outlined in the HOME Policies & Procedures manual. This includes, but is not limited to: 1. Project’s pro forma must maintain a minimum debt service coverage ratio (the ratio of the Project’s net operating income to its debt service) of 1.05 on all debt, excluding cash flow notes, for the HOME affordability period 2. Project’s pro forma must maintain annual cash flow after debt service (Net Operating Income/Total Debt Service) of at least $100 per unit for the HOME affordability period 3. Project must maintain a replacement reserve (funds for repairs and replacement of building components and equipment) of $400 per unit on an annual basis f. Any funds CPAH expends on acquisition prior to staff review and approval of the property(ies) may not be eligible for reimbursement with HOME funds. This may include earnest money, costs for appraisals, etc. g. Developer must have a minimum equity investment of 10% 226 of 441 Page 3 h. Property(ies) must be identified within six months of City Council approval of project i. Final project approval and commitment of HOME funds is contingent on completion of the HUD required Environmental Review Record and, if needed based on that review, release of funds by HUD Consistent with the payment process established for NSP2 scattered site acquisition, payment to CPAH for acquisition costs of the property(ies) approved by City of Evanston staff based on the above criteria for the HOME project will not require additional City Council approval prior to payment. This process prioritizes City of Evanston Consolidated Plan goals to develop units for larger families while addressing the overall need for rental units affordable to households with incomes that do not exceed 60% of area median income. 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. CPAH will conduct an environmentally sustainable rehabilitation to ensure the housing remains affordable for households ≤ 60% AMI. The rental property will be part of the Land Trust’s portfolio and remain affordable for 84 years beyond the 15 required by HOME regulations. CPAH has proven capacity and experience developing and managing scattered site rental. Its Executive Director, Rob Anthony, is an Evanston resident and will be the primary contact for property management issues. Three letters of recommendation from the Mayor of Highland Park, the Mayor of Lake Forest and the Community Development Administrator of Lake County are attached that speak to the importance of the scattered site acquisition strategy and CPAH’s ability to complete projects on time and on budget. The City’s NSP2 scattered site NSP2 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: Priority area map CPAH HOME application project summary Letters of Recommendation 227 of 441 HARRISON STMEADOW-LARK LNGLENVIE W R D THAYER ST ARBOR LN KNOX CIRHIGHLAND AVELAWNDALE AVEPARK PL EWING AVECOLFAX ST BENNETT AVEBRADLEY PLFOSTE R S T S T EW A R T A V E HARRISON STWALNUT AVEGREY AVEDODGE AVEDARROW AVEDEWEY AVEASHLAND AVEEMERSON ST LYONS ST MADISON STOAK AVEOAKCLARK STASBURY AVECASE ST FOSTER ST CLINTON PL LINDEN PL UNIVERSITY PL CLAR K S T CLYDE AVEHINMAN AVEINGLESIDE PK GREELEYHILLSIDE LN NOYES CULVER ISABELLA ST PAYNE ST CALVIN CIR LAWNDALE AVETHAYER ST PARK PL PITNER AVELAKE STLEMAR AVEDEMPSTER STHARTREY AVEP R A I R I E A V E BROWNLIVINGSTON ST THELIN CTASHLAND AVEJACKSON AVEWESLEY AVECRAINASBURY AVESHERMAN AVECHICAGO AVEGARRETT PL MILBURN PK DEMPSTER STGROSS POINT RDPAYNE DARTMOUTH PL PROSPECT AVECOWPER AVECENTRAL ST LINCOLNWOOD DREL G I N R D WOODLAND RD PITNER AVENATHANIEL PL CHURCH ST NOYES ST RICHMOND AVEWARREN STGREY AVEGREYHOVLAND CTBROWN AVEGREEN BAY RDDARROW AVESOUTH BLVDDARROW AVELYONS STWOODBINE AVEJENKS ST WASHINGTON STASHLAND AVECROFT LNWESLEY AVEROSALIE ST BARTON AVELEE STRIDGE AVEOAK AVEMAPLE AVELINCOLN ST CASE PL LAKE ST CHU R C H S TORRINGTON AVEINGLESIDE PL FOREST AVETECH DR SHERIDAN RD HILLSIDE RD SIMPSON STHASTINGS AVEOTTO LN RIDGEWAY AVEMARCY AVEFORESTVIEW RDREESE AVEBENNETT AVEHOWARD STHARTREY AVECLEVELAND STFOWLER AVECRAIN STPITNER AVEBROWN AVEWASHINGTON STHARTREY AVEBROWN AVEGREY AVEFLORENCE AVEASBURY AVEMONROE STST. MARK'S CTRIDGE AVEELMWOOD AVESHERMAN AVESHERMAN AVEHAMLIN ST GAFFIELD PL SHERMAN PLGREENWOOD STHINMAN AVESHERMAN AVEHAVEN ST EUCLID PARK PL JUDSON AVESOUTH BLVD LEE STJUDSON AVEMICHIGAN AVESHERIDAN SQLAKE SHORE BLVDSHERIDAN RD THAYER ST THAYER CTCRAWFORD AVECOLFAX PL TRINITY CT HARTZELL ST NORMANDY PL HURD AVEMcDANIEL AVEWADE CTMARTHA LNHARTZELL ST PITNER ALYGREENWOOD ST McCO R MI C K B L V D GREY AVEKEENEY ST GREENLEAF ST B R I D G E S T PAYNE ST ISABELLA ST FLORENCE AVECLEVELAND STDEWEY AVECOLFAX TER CENTRAL ST CHANCELLOR WASHINGTON STRIDGE AVEGARNETT PL LEONARD PL BRUMMEL ST MULFORD STMAPLE AVEEL G I N R D COLFAX STRIDGE AVERIDGE TER DAVI S S T LIBRARY PL DARTMOUTH PL CHICAGO AVEKEDZIE ST MAIN ST FOREST AVEARTS CIRCLE D R ARNOLD PLSHERIDAN RDPRINCETON AVEMARCY AVEISABELLA ST LINCOLN ST THAYER ST HAWTHORNE LN LINCOLN ST COLFAX STLIVING S T O N DODGE AVEGROVE ST HARRISONBROADWAY AVECHANCELLOR ST FOSTER STJACKSONLIVINGSTON DOBSON ST HARVARD TER SOUTH BLVDRIDGE CTRIDGE AVESIMPSON STBRYANT AVEOAKTON ST EMERSON ST MONTICELLO PL HINMAN AVEKEENEY ST GREENLEAF ST MICHIGAN AVEBURNHAM PLPRINCETONWELLINGTON CTCRAWFORD LINCOLNWOOD DRBRUMMEL PLMcCORMICK BLVDMcDANIEL AVEMcDANIEL AVESIMPSON ST OAKTON ST MADISON PLLAUREL AVEPIONEER RDPAYNE STELM AVESEWARD STBROWN AVELEE STGREY AVEGREY AVEDOBSON STDODGE AVESEWARD STDEWEY AVEWESLEY AVEWESLEY AVEELINOR PL DAVIS STWESLEY EAST RA I LROAD AVE LEON PL NOYES ST GRANTGIRARD AVESEWARD STELMWOOD AVEREBA PL NOYES CTGARRISON AVESHERIDAN RD CALLAN AVEGRO V E S T CALLANJUDSON AVELAKESIDE CT HAMILTON ST HAYES CLIFFORD STBERNARD PLTHAYER PARK PL CENTRAL PARK AVEGRANT STEWING AVEMcDANIEL AVECENTRAL ST HARTREY AVEFOWLER AVELELAND AVELYONS ST BRUMMEL STDEWEY AVEKEENEY STDODGE AVEMAIN STDARROW AVEGRANT STPRAIR IE AVEPOPLAR AVEGREEN BAY RD MULFORD STASHLAND AVEKIRK ST WILDER STEASTWOOD AVEASHLAND AVEASBURY AVEWESLEY AVEASBURY AVEHAMPTON PKYHULL TER AUSTIN STPRATT CTRIDGE AVEBENSON AVECENTRAL ST SHERIDAN PL ROS LYN PL HOWARD STCUSTER AVEMILBURN ST SHERIDAN RDFOREST PLCAMPUS DREDGEMERE CTNORTH SHORE CHANNELNORTH SHORE CHANNELL A K E M I C H I G A N1200 1800 29002300200019001600400100 200 800 900 1000 1700 2100 2700 2800 500 2100 2700 340030002200160015001000500300300 1100 1200 1300 1800 1900 2300 2900 900 28002500270025007006005002400 1400 1500 1900 2200 2300 2600 350026002400180017001500120011001000800600 2500 2600 300 400 600 800 700 2800 3600230020002200130012001100700200400 1600 200 1000 380033001700900900200500 2000 1300 1600 2500 2400 370026002400210019001400100300100700 1400 1500 2200 100 1100 1700 2000 3200310021001800130014008006004008102 8092 8096002 8096003 80970028097003 Priority Area NSP2 Target Geography Main Road Local Street Railroad Water City Boundary 0 0.5 10.25 Miles 1:31,680 1 inch = 0.5 mile Priority Geography for CPAH Rental Project 5/20/2013 This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. CPAHRentalProject.mxd 228 of 441 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. 229 of 441 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 230 of 441 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 231 of 441 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. 232 of 441 233 of 441 234 of 441 235 of 441 236 of 441 237 of 441 238 of 441 For City Council meeting of May 28, 2013 Item P2 Ordinance 36-O-13 Amending the Zoning Ordinance to rezone 1715 Church Street, 1703 Darrow Avenue and 1711 Darrow Avenue from I2 to MXE For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Dennis Marino, Manager, Planning and Zoning Division Melissa Klotz, Zoning Planner, Planning and Zoning Division Subject: Proposed Ordinance 36-O-13 Amending the Zoning Ordinance to rezone 1715 Church Street, 1703 Darrow Avenue and 1711 Darrow Avenue from I2 to MXE Date: May 14, 2013 Recommended Action The Plan Commission and City staff recommend approval of Ordinance 36-O-13, a map amendment to rezone the property commonly known as: 1715 Church Street & 1703 Darrow Avenue, PIN 10-13-221-019 1711 Darrow Avenue, PIN 10-13-221-018 from the I2 General Industrial District to the MXE Mixed Use Employment District. The proposed rezoning is consistent with the Comprehensive General Plan and the current land use of the property. The proposed rezoning lessens three currently non-compliant zoning issues, and places the property in a more appropriate zoning district. The property is already developed with live-work units that meet the intent of the proposed MXE District. Summary Property owner John Leineweber has applied for a map amendment to rezone the aforementioned property from the I2 General Industrial District to the MXE Mixed Use Employment District. The proposed map amendment is for one property that consists of two property index numbers (PINs), and is commonly known by the three addresses listed above. The property features a building with a footprint that comprises over 90% of the lot size that appears as a one-story warehouse-style building. The property is surrounded by the R4 General Residential (multifamily) District, and the B2 Business District. Applicant John Leineweber requests the property be rezoned to the MXE Mixed Use Employment District to better fit the uses the site attracts. The property is the only I2 zoning remaining in this area. Other former I2 parcels were rezoned in 2008 as part of the West Evanston Memorandum 239 of 441 master Plan rezoning. The applicant’s building, known as Strange Lofts, is currently utilized as live-work units for residents who prefer loft-style living with on-site business and office spaces. Property History Many of the properties in Church-Darrow area were rezoned through a City-initiated rezoning in 2008 that eliminated the existing industrial zoning except for the subject property. By rezoning the surrounding properties, the City effectively made the subject property a spot-zoned I2 District without a continuous link to any other I2 properties. In accordance with the goals and objectives of the Comprehensive General Plan and the desire to stimulate neighborhood revitalization, the property was redeveloped as live-work units known as Strange Lofts. The applicant redeveloped the property with the hope of attracting small businesses looking to utilize the unique property as a cost-savings with both livable space and a professional work environment in one. The applicant feels the underlying I2 zoning creates a hardship when renting out the units because the I2 zoning is too restrictive for retail and office uses. Proposed Rezoning The applicant proposes a map amendment to rezone the property to the MXE Mixed Use Employment District. The proposed zoning change is consistent with the goals and objectives of the Comprehensive General Plan, is a better fit for the neighborhood given the surrounding residential and business zoning districts and uses, and provides more flexibility for potential businesses to locate at the property. The permitted uses of the MXE District are typically less intense and have a smaller impact on neighboring properties than that of the current I2 District. Most notably, the MXE District allows retail goods establishments and retail services establishments, whereas the I2 District only allows such uses through the special use process. Rezoning to the MXE District will encourage a business environment more consistent with the adjacent commercial corridor, while maintaining certain light industrial aspects such as wholesale uses, trade contractors, and light manufacturing. The purpose of the MXE District, as stated in the Zoning Ordinance, is to address areas of the city where manufacturing and industrial uses can coexist with residential uses. This property already does so within its own lot. Rezoning to match the adjacent B2 District would be too restrictive given the warehouse-style of the property and some of the uses the property intends to attract. Zoning Compliance The proposed map amendment creates one new non-compliant zoning regulation at the front yard setback. However, other non-compliant setbacks are lessened, including the street side yard setback, interior side yard setback, and rear yard setback. As a comparison from the current I2 District to the proposed MXE District: 240 of 441 I2 MXE Current Site Condition Front Yard Setback 0’ 10’ 0’ Street Side Yard Setback 15’ 10’ 0’ Interior Side Yard Setback 8’ 5’ 0’ Rear Yard Setback 20’ 5’ 1.8’ Height 45’ 41’ 28’ Parking depends on use 0 spaces on-site Floor Area Ratio 1.0 1.5 .9 Lot Size none 6,000’ 14,541.7’ * New non-compliance is shaded. Comprehensive Plan and Other Specifications Some goals and objectives from the 2000 Comprehensive Plan that apply to this application include: Promote the growth and redevelopment of business, commercial, and industrial areas. Recognize the benefits of mixing residential, commercial, and institutional uses in neighborhoods. Housing stock should continue to offer buyers and renters a desirable range of choice in terms of style and price. Maintain a diverse range of business and commercial areas, all of which will be viable locations for business activity. The proposed map amendment will encourage the success of the redeveloped mixed use concept Strange Lofts is attempting to succeed at, while offering residents and potential business owners of Evanston a diverse choice of live-work options. Attachments Proposed Ordinance 36-O-13 Plan Commission Findings Plan Commission Meeting Minutes 03.13.13 Plan Commission Packet 03.13.13 241 of 441 5/14/2013 36-O-13 AN ORDINANCE Amending the Zoning Map to Re-Zone Certain Properties From the I2 District to the MXE 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 242 of 441 36-O-13 ~2~ WHEREAS, on March 13, 2013, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 13PLND-0010, to consider amendments to the Zoning Map, cited in Section 6-7-2 of the Zoning Ordinance, to place certain properties within the MXE Mixed Use Employment 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 approval thereof; and WHEREAS, at its meeting of May 28, 2013, the Planning and Development Committee of the City Council considered and adopted the findings and recommendation of the Plan Commission in case no. 13PLND-0010 and recommended City Council approval thereof; and WHEREAS, at its meetings of May 28 and June 10, 2013, the City Council considered and adopted the records and recommendations of the Plan Commission and 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. 243 of 441 36-O-13 ~3~ SECTION 2: The City Council hereby amends the Zoning Map to remove those properties with the addresses and PINs listed in Exhibit A and identified in Exhibit B, both attached hereto and incorporated herein by reference, from the I2 Industrial District and place them within the MXE Mixed Use Employment 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 244 of 441 36-O-13 ~4~ EXHIBIT A Addresses and PINs of Properties Removed from the I2 District and Placed Within the MXE Mixed Use Employment District 1715 Church Street PIN 10-13-221-019-0000 1703-1711 Darrow Avenue PIN 10-13-221-018-0000 245 of 441 36-O-13 ~5~ EXHIBIT B Map of Properties Removed from the I2 District and Placed Within the MXE Mixed Use Employment District 246 of 441 247 of 441 FF II NN DD II NN GG SS FOR STANDARDS OF AA MM EE NN DD MM EE NN TT SS In the case of after conducting a public hearing on March 13, 2013, the Plan Commission makes the following findings of fact, based upon the standards for amendments to the Zoning Ordinance specified in Section 6-3-4-6 of the City Code: Standard Finding ___x__Met _____Not Met (A) Whether the proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive General Plan, as adopted and amended from time to time by the City Council. Specifically: A 5-0 ___x__Met _____Not Met (B) Whether the proposed amendment is compatible with the overall character of existing development in the immediate vicinity of the subject property. Specifically: A 5-0 ___x__Met _____Not Met (C) Whether the proposed amendment will have an adverse effect on the value of adjacent properties. Specifically: A 5-0 ___x__Met _____Not Met (D) The adequacy of public facilities and services. . Specifically: A 5-0 Case: 13PLND-0010 Address or Location: 1715 Church Street, 1703 Darrow Avenue & 1711 Darrow Avenue Petitioner: John Leineweber Proposed Amendment: Map amendment to rezone the proposed property from the I2 General Industrial District to the MXE Mixed Use Employment District 248 of 441 and, based upon these findings, and upon a vote of __5__ in favor & __0__ against recommends to the City Council __x__ approval _____ approval with modifications specifically: ____ denial of the proposed amendment. __________________________________________ Date: _____________ Scott Peters Plan Commission Chairman Attending: Vote: Aye No __x__ Lenny Asaro _x_ ___ __x__ Seth Freeman _x_ ___ _____ Barbara Putta ___ ___ _____ Kwesi Steele ___ ___ _____ Jim Ford ___ ___ __x__ Scott Peters _x_ ___ __x__ Richard Shure _x_ ___ __x__ Patricia Ledesma _x_ ___ 249 of 441 APPROVED Page 1 of 3 Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, March 13, 2013 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Seth Freeman, Patricia Ledesma, Scott Peters (Chair), David Galloway (Associate), Richard Shure, Stuart Opdycke (Associate), Lenny Asaro Members Absent: Barbara Putta, Jim Ford, Kwesi Steele 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 7:03 P.M. 2. APPROVAL OF DECEMBER 12, 2012 MEETING MINUTES Commissioner Ledesma motioned for approval of the December 12, 2012 meeting minutes. Commissioner Freeman seconded the motion. A voice vote was taken and the minutes were approved 7-0. 3. ZONING MAP AMENDMENT 13PLND-0010 Consideration of map amendment, pursuant to City Code Title 6, Zoning, to rezone 1715 Church Street, 1703 Darrow Avenue, and 1711 Darrow Avenue from the I2 General Industrial District to the MXE Mixed Use Employment District. Melissa Klotz, Zoning Planner, explained the proposed rezoning, and applicant John Leineweber elaborated on the reasons for the map amendment application. Commissioner Freeman motioned for approval of the map amendment, and was seconded by Commissioner Ledesma. The motion was approved 5-0. Commissioner Steele arrived at 7:10 P.M. 4. ZONING MAP AMENDMENT 13PLND-0011 Consideration of the proposed map amendment, pursuant to City Code Title 6, Zoning, to rezone 2153, 2143 & 2145 Ashland Avenue, 1515 & 1523 Payne Street, and 2150 & 2156 Green Bay Road, from the C2 Commercial District to the MXE Mixed Use Employment District. 250 of 441 APPROVED Page 2 of 3 Plan Commission Minutes Ms. Klotz explained the proposed rezoning, and noted that the proposed rezoning for 2153 Ashland Avenue was brought forward through a map amendment application made by the current property owner, John Leineweber, while the remaining properties of discussion are a City-initiated map amendment. All of the properties in question are proposing a change to the MXE District. Mr. Leineweber elaborated on the reasons for the map amendment application. Chairman Peters asked how the property values will be affected and Mr. Leineweber responded that the taxes will adjust, thereby increasing the value to the property owners. Chairman Peters asked if there are adequate public services for the uses listed in the MXE District. Dennis Marino, Manager of Planning and Zoning, responded that yes, the streets are in good condition, there is a bike path nearby, and there is adequate sewer and water service. Commissioner Freeman motioned for approval of the map amendment, and was seconded by Commissioner Ledesma. The motion was approved 6-0. 5. ZONING TEXT AMENDMENT 13PLND-0014 Consideration of the proposed text amendment, pursuant to City Code §6-18-3, Definitions, to discuss increasing the allowed production limit for Micro-Distilleries. Ms. Klotz explained the proposal. Ken Cox, Corporation Council, noted that the State of Illinois signed the new regulations into law today. Commissioner Opdycke asked what changes Few Spirits expects with the increased production levels, and Brooke of Few Spirits noted a second shift would be added to double production, and eventually a second location in Evanston may be added. Commissioner Opdycke asked if there have been any neighbor complaints against the business and City staff responded there has not. Commissioner Freeman motioned to approve the text amendment, and was seconded by Commissioner Ledesma. The motion was approved 6-0. 6. OTHER BUSINESS Commissioner Freeman nominated Commissioner Shure as Vice Chair to the Plan Commission. Commissioner Shure was approved as Vice Chair 8-0. 7. ADJOURNMENT Commissioner Freeman motioned for adjournment. Commissioner Shure seconded the motion. The meeting adjourned at 7:33 P.M. Respectfully Submitted, 251 of 441 APPROVED Page 3 of 3 Plan Commission Minutes Melissa Klotz Zoning Planner, Community and Economic Development Department The next regular Plan Commission meeting is scheduled for WEDNESDAY, APRIL 10, 2013 at 7:00PM in COUNCIL CHAMBERS of the Lorraine H. Morton Civic Center. 252 of 441 Memorandum To: Chair and Members of the Plan Commission From: Dennis Marino, Manager, Zoning and Planning Division Melissa Klotz, Zoning Planner Subject: Discussion of Draft Map Amendment 36-O-13 1715 Church Street, 1703 Darrow Avenue, 1711 Darrow Avenue, 13PLND-0010 Date: March 6, 2013 Recommendation Following the February 20, 2013 Zoning Committee meeting, the Zoning Committee of the Plan Commission and staff recommend approval of Ordinance 36-O-13, a map amendment to rezone the property commonly known as 1715 Church Street, 1703 Darrow Avenue, and 1711 Darrow Avenue, PINS 10-13-221-019 and 10-13-221-018 from the I2 General Industrial District to the MXE Mixed Use Employment District. The proposed rezoning is consistent with the Comprehensive General Plan and the current land use of the property. The proposed rezoning lessens three currently non-compliant zoning issues, and creates one new non-compliant setback. Site/Proposal Background This property is located at the northeast corner of Church Street and Darrow Avenue. The proposed rezoning is for one property that consists of two property index numbers (PINs), and is commonly known by the three addresses listed above. The property features a building with a footprint that comprises over 90% of the lot size that appears as a one-story warehouse-style building. The property is surrounded by the R4 General Residential (multifamily) District, and the B2 Business District. Applicant John Leineweber requests the property be rezoned to the MXE Mixed Use Employment District to better fit the uses the site attracts. The property is the only I2 parcel remaining in this area. Other former I2 parcels were rezoned in 2008 as a part of the West Evanston Master Plan rezoning. The applicant’s building is known as Strange Lofts and is currently utilized as live-work units for residents who prefer loft-style living with on-site business or office spaces. Property History Following a City-sponsored study of the surrounding area, many nearby properties were rezoned in a City-initiated rezoning in 2008. This rezoning shrunk the industrial corridor and expanded the R4 General Residential (multifamily) District. Following the 2008 rezoning, the property in question remained I2, but became surrounded to the north, east, and south by the R4 District, and the B2 District to the west following Church Street. By rezoning the surrounding properties, the City effectively made the property in question a 253 of 441 spot-zoned I2 District, without a continuous link to any other I2 properties (see attached zoning map). In accordance with the goals and objectives of the Comprehensive General Plan, the property was redeveloped as live-work units known as Strange Lofts. The applicant redeveloped the property with the hope of attracting small businesses looking to utilize the unique property as a cost-savings, with both livable space and a professional work environment in one. Since the redevelopment, the applicant has experience a hardship in renting out the units because of the restrictive underlying industrial zoning. Proposed Rezoning The applicant proposes a map amendment to rezone the property to the MXE Mixed Use Employment District. The proposed zoning change is consistent with the goals and objectives of the Comprehensive General Plan, is a better fit for the neighborhood given the surrounding residential and business zoning districts and uses, and provides more flexibility for potential businesses to locate at the property. The permitted uses of the MXE District are typically less intense and have a smaller impact on neighboring properties than that of the current I2 District. Most notably, the MXE District allows retail goods establishments and retail services establishments, whereas the I2 District only allows such uses through the special use process. Rezoning to the MXE District will encourage a business environment more consistent with the adjacent commercial corridor, while maintaining certain light industrial aspects such as wholesale uses, trade contractors, and light manufacturing. The purpose of the MXE District, as stated in the Zoning Ordinance, is to address areas of the city where manufacturing and industrial uses can coexist with residential uses. This property already does so within its own lot. Rezoning to match the adjacent B2 District would be too restrictive given the warehouse-style of the property and some of the uses the property intends to attract. Zoning Compliance The proposed map amendment creates one new non-compliant zoning regulation at the front yard setback. However, other non-compliant setbacks are lessened, including the street side yard setback, interior side yard setback, and rear yard setback. As a comparison from the current I2 District to the proposed MXE District: I2 MXE Current Site Condition Front Yard Setback 0’ 10’ 0’ Street Side Yard Setback 15’ 10’ 0’ Interior Side Yard Setback 8’ 5’ 0’ Rear Yard Setback 20’ 5’ 1.8’ Height 45’ 41’ 28’ Parking depends on use 0 spaces on-site 254 of 441 Floor Area Ratio 1.0 1.5 .9 Lot Size none 6,000’ 14,541.7’ Comprehensive Plan and Other Specifications Some goals and objectives from the 2000 Comprehensive Plan that apply to this application include: • Promote the growth and redevelopment of business, commercial, and industrial areas. • Recognize the benefits of mixing residential, commercial, and institutional uses in neighborhoods. • Housing stock should continue to offer buyers and renters a desirable range of choice in terms of style and price. • Maintain a diverse range of business and commercial areas, all of which will be viable locations for business activity. The proposed map amendment will encourage the success of the redeveloped mixed use concept Strange Lofts is attempting to succeed at, while offering residents and potential business owners of Evanston a diverse choice of live-work options. Amendment Standards: For the Zoning Committee to recommend approval of a map amendment, the Zoning Committee must find: a) Whether the proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive General Plan, as adopted and amended from time to time by the City Council. b) Whether the proposed amendment is compatible with the overall character of existing development in the immediate vicinity of the subject property. c) Whether the proposed amendment will have an adverse impact on the value of adjacent properties. d) The adequacy of public facilities and services. Attachments Draft Ordinance 36-O-13 Map Amendment Application – submitted October 17, 2012 Zoning Analysis Plat of Survey Images of Property Aerial View of Property Zoning Map of Property Strange Lofts Interior Images I2 General Industrial District Zoning Regulations MXE Mixed Use Employment Zoning Regulations Zoning Committee of the Plan Commission Draft Meeting Minutes – February 20, 2013 255 of 441 256 of 441 257 of 441 258 of 441 259 of 441 260 of 441 261 of 441 262 of 441 263 of 441 264 of 441 265 of 441 266 of 441 267 of 441 268 of 441 269 of 441 270 of 441 271 of 441 272 of 441 273 of 441 274 of 441 275 of 441 276 of 441 277 of 441 278 of 441 DRAFT NOT APPROVED Page 1 of 3 Evanston Zoning Committee of the Plan Commission Minutes MEETING MINUTES ZONING COMMITTEE OF THE PLAN COMMISSION Wednesday, February 20, 2013 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Room 2403 Members Present: Jim Ford, Richard Shure, Patricia Ledesma, Stuart Opdycke, Seth Freeman, Dave Galloway Members Absent: Kwesi Steele, Scott Peters 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 7:00pm. 2. MINUTES Approval of November 28, 2012 Zoning Committee of the Plan Commission Meeting Minutes: Commissioner Opdycke motioned for approval of the November 28, 2012 meeting minutes. Commissioner Ford seconded the motion. A voice vote was taken and the minutes were approved. 3. UNFINISHED BUSINESS 4. NEW BUSINESS A) MAP AMENDMENT TO THE ZONING ORDINANCE 13PLND-0010 John Leineweber, property owner, applies for consideration of the proposed map amendment, pursuant to City Code Title 6, Zoning, to rezone 1715 Church Street, 1703 Darrow Avenue, and 1711 Darrow Avenue, PIN 10-13-221-019 & 10-13-221- 018 from the I2 General Industrial District to the MXE Mixed Use Employment District. Zoning Planner Melissa Klotz presented the proposal and explained the implications of the proposed zoning change from I2 to MXE. Commissioner Freeman asked if people can currently legally live at that property, and Ms. Klotz responded no, not according to the I2 District regulations. Commissioner Freeman motioned for approval of the proposed map amendment. Commissioner Ford seconded the motion, which was approved 5-0. 279 of 441 DRAFT NOT APPROVED Page 2 of 3 Evanston Zoning Committee of the Plan Commission Minutes B) MAP AMENDMENT TO THE ZONING ORDINANCE 13PLND-0011 John Leineweber, property owner, and the City of Evanston apply for consideration of the proposed map amendment, pursuant to City Code Title 6, Zoning, to rezone the following properties from the C2 Commercial District to the MXE Mixed Use Employment District: 2153 Ashland Avenue, PIN 10-12-416-006 2143 & 2145 Ashland Avenue, PIN 10-12-416-008 1523 Payne Street, PIN 10-12-416-009 1515 Payne Street, PIN 10-12-416-010 2150 Green Bay Road, PIN 10-12-416-016 & 10-12-416-017 And 2156 Green Bay Road, PIN 10-12-416-011, 10-12-416-012, 10-12-416-018, 10- 12-416-015 Ms. Klotz presented the proposal and explained the implications of the proposed zoning change from C2 to MXE. Commissioner Freeman asked if all of the effected property owners have been notified, and Ms. Klotz explained that the two effected businesses were notified in person, but the two small vacant parcels’ owners had not yet been notified. All property owners effected as well as property owners within 500’ would receive mailed public notices prior to the Plan Commission public hearing, and public notice signs would be placed on each property. Mr. Leineweber added that one of the property owners who currently owns one of the small vacant parcels previously submitted a building permit to the City for a live-work structure, but the plan was denied because residences are not allowed in the C2 District. Commissioner Freeman asked what the drawbacks are to switching from the C2 District to the MXE District, and Ms. Klotz responded that more light industrial uses are allowed in the MXE District, but those light industrial uses are extremely compatible with commercial businesses and residences, so there really is no drawback. Commissioner Opdycke motioned for approval of the map amendments. Commissioner Ford seconded the motion, which was approved 5-0. Commissioner Galloway arrived. 5. DISCUSSION 6. ADJOURNMENT Commissioner Opdycke motioned to adjourn. Commissioner Ford seconded the motion. The meeting adjourned at 7:25pm. 280 of 441 DRAFT NOT APPROVED Page 3 of 3 Evanston Zoning Committee of the Plan Commission Minutes The next meeting of the Zoning Committee of the Plan Commission will be Wednesday, March 6, 2013 at 7:00pm., in room 2403 of the Lorraine H. Morton Civic Center, 2100 Ridge Avenue. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department 281 of 441 For City Council meeting of May 28, 2013 Item P3 Ordinance 37-O-13 Amending the Zoning Ordinance to rezone 2153, 2143 & 2145 Ashland Avenue, 1515 & 1523 Payne Street, and 2150 & 2156 Green Bay Road from C2 to MXE. For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Dennis Marino, Manager, Planning and Zoning Division Melissa Klotz, Zoning Planner, Planning and Zoning Division Subject: Ordinance 37-O-13 Amending the Zoning Ordinance to rezone 2153, 2143 & 2145 Ashland Avenue, 1515 & 1523 Payne Street, and 2150 & 2156 Green Bay Road from C2 to MXE. Date: May 13, 2013 Recommended Action The Plan Commission and City staff recommend approval of Ordinance 37-O-13, a map amendment to rezone the properties commonly known as: 2153 Ashland Avenue, PIN 10-12-416-006 2143 & 2145 Ashland Avenue, PIN 10-12-416-008 1523 Payne Street, PIN 10-12-416-009 1515 Payne Street, PIN 10-12-416-010 2150 Green Bay Road, PIN 10-12-416-016 & 10-12-416-017 And 2156 Green Bay Road, PIN 10-12-416-011, 10-12-416-012, 10-12-416-018, 10-12-416-015 from the C2 Commercial District to the MXE Mixed Use Employment District. The proposed map amendment is consistent with the Comprehensive General Plan and the current land use of each property. Staff has discussed the proposed map amendment with the property owners that currently operate businesses on the sites in question. One property owner expressed enthusiasm to the proposed zoning change, one was indifferent, and the last is applicant John Leineweber, who initiated the map amendment. Summary Property owner John Leineweber has applied for a map amendment to rezone 2153 Ashland Avenue from the C2 Commercial District to the MXE Mixed Use Employment District. Mr. Leineweber’s property, 2153 Ashland Avenue, is located between Ashland Avenue and Green Bay Road, just north of the alley that parallels Payne Street. Following Memorandum 282 of 441 review of Mr. Leineweber’s application, staff recommends a City-initiated map amendment to rezone the adjoining properties to the south, which are also currently zoned C2. The City-initiated properties are located between Ashland Avenue and Green Bay Road, just north of Payne Street up to the alley that parallels Payne Street. All of the aforementioned properties are adjoined and surrounded by the C2 Commercial District to the north, railroad tracks and then the R3 Two-Family Residential District to the east, and the MXE Mixed Use Employment District to the south and west. The proposed rezoning will link the aforementioned properties with the adjacent MXE District. The applicant requests 2153 Ashland Avenue be rezoned to the MXE Mixed Use Employment District to better fit the uses the site attracts, and City staff recommend the adjacent parcels’ rezoning to better fit the uses currently in place on the site and the general land use of the area. The applican t’s property features live-work units for residents who prefer loft-style living with on-site business or office spaces. Property History The properties in question were zoned commercial since at least the 1960s. Many of the properties, including the applicant’s, were never used as commercial properties and instead featured residences and light industrial uses. Eventually the properties to the west of Ashland Avenue were rezoned to the MUE Transitional Manufacturing Employment District to better fit with the residential and industrial uses, however the properties in question east of Ashland Avenue were not included in that rezoning and remained in the C2 Commercial District. At the time, some of the properties north of the alley featured commercial uses fronting Green Bay Road. Applicant John Leineweber renovated his property at 2153 Ashland Avenue in 2003, which was a legal non-conforming residence, and converted the property into live-work loft spaces. The live-work units feature residential areas on the west side of the property (the house structure) and commercial/office/light industrial spaces on the east side of the property (the warehouse-style structure). The residential portion of the property is currently considered legally nonconforming to the C2 District. The City-initiated map amendment properties all feature non-commercial uses that are light industrial in nature and fit well with the intent of the MXE District. Proposed Rezoning The proposed zoning change is consistent with the goals and objectives of the Comprehensive General Plan, is a better fit for the neighborhood given the adjacent MXE uses, which include a mixture of light industrial, commercial, and residential. The MXE District provides more flexibility for potentially businesses to locate at the applicant’s property, and either continues or improves the use conformity for all of the City-initiated properties south of the alley. The current uses for each property in question are: 2153 Ashland Avenue – (owner John Leineweber) live-work lofts 2143 & 2145 Ashland Avenue, 1523 Payne Street – American Vintage Home, trade contractor and office uses (compliant in both the C2 283 of 441 and MXE Districts) 1515 Payne Street – vacant lot 2150 Green Bay Road – vacant lot 2156 Green Bay Road – All Fresh Food Products, food Manufacturing and office uses (compliant in both the C2 and MXE Districts) City staff has been in contact with representatives of American Vintage Home and All Fresh Food Products to explain the City-initiated map amendment, and both businesses have no objection to the zoning change. City staff has not been in contact with the owners of the vacant parcels at 1515 Payne Street and 2150 Green Bay Road. 1515 Payne Street, which has a lot width of 35’ and a total square footage of 5,000 square feet, is likely not large enough to support the economic feasibility of a commercial or industrial use. The vacant parcel may be more profitable with the proposed MXE zoning, which would allow a single family residence. 2150 Green Bay Road, which also has a lot width of 35’ but a total square footage of 2,762 square feet, is likely unbuildable in any zoning district. The property owners, as well as all property owners within 500’ of the parcels to be rezoned, were sent public notices of the proposed map amendment, and public notice signs were posted on each property during the public hearing process. Zoning Compliance The proposed map amendment corrects one non-compliance – the FAR at 2153 Ashland Avenue. The amendment does create one new non-compliant setback – the rear yard setback for 2156 Green Bay Road, but the property owner has expressed support for the rezoning. The map amendment creates three non-compliant lot sizes, which is a negligible issue since the lots were platted long ago and will likely never need to change. As a comparison from the current C2 District to the proposed MXE District: C2 MXE Current Site Conditions 2153 Ashland Avenue 2143 & 2145 Ashland, 1523 Payne 1515 Payne Street 2156 Green Bay Road 2150 Green Bay Road Front Yard Setback 5’ 10’ 14.8’ 0’ - 0’ - Street Side Yard Setback 5’ 10’ n/a 0’ - 0’ - Interior Side Yard Setback 5’ 5’ 7’ 2’ - 6’ - Rear Yard Setback 0’ 5’ 5.1’ 45’ - 3’ - Height 45’ 41’ <41’ (2 <41’ (1 story) - <41’ (2 - 284 of 441 stories) stories) Parking depends on use 0 on-site ~ 16 spaces - ~ 8 spaces - Floor Area Ratio 1.0 1.5 1.2 .46 - .69 - Lot Size None 6,000’ 4,387.5’ 14,500’ 5,075’ 16,841’ 2762’ *Current building locations/setbacks are approximated off of aerial views rather than current plats of survey for all properties other than 2153 Ashland Avenue. New non-compliances are shaded. Comprehensive Plan Some goals and objectives from the 2000 Comprehensive Plan that apply to this application include: Promote the growth and redevelopment of business, commercial, and industrial areas. Recognize the benefits of mixing residential, commercial, and institutional uses in neighborhoods. Housing stock should continue to offer buyers and renters a desirable range of choice in terms of style and price. Maintain a diverse range of business and commercial areas, all of which will be viable locations for business activity. The proposed map amendment will encourage the success of the redeveloped mixed use concept of the live-work units, and should not have any impact on the existing trade contractor and food manufacturing uses. Attachments Proposed Ordinance 37-O-13 Plan Commission Findings Plan Commission Meeting Minutes 03.13.13 Plan Commission Packet 03.13.13 285 of 441 5/14/2013 37-O-13 AN ORDINANCE Amending the Zoning Map to Re-Zone Certain Properties From the C2 District to the MXE 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 286 of 441 37-O-13 ~2~ WHEREAS, on March 13, 2013, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 13PLND-0011, to consider amendments to the Zoning Map, cited in Section 6-7-2 of the Zoning Ordinance, to place certain properties within the MXE Mixed Use Employment 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 approval thereof; and WHEREAS, at its meeting of May 28, 2013, the Planning and Development Committee of the City Council considered and adopted the findings and recommendation of the Plan Commission in case no. 13PLND-0011 and recommended City Council approval thereof; and WHEREAS, at its meetings of May 28 and June 10, 2013, the City Council considered and adopted the records and recommendations of the Plan Commission and 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. 287 of 441 37-O-13 ~3~ SECTION 2: The City Council hereby amends the Zoning Map to remove those properties with the addresses and PINs listed in Exhibit A and identified in Exhibit B, both attached hereto and incorporated herein by reference, from the C2 Commercial District and place them within the MXE Mixed Use Employment 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 288 of 441 37-O-13 ~4~ EXHIBIT A Addresses and PINs of Properties Removed from the C2 District and Placed Within the MXE Mixed Use Employment District 2143-2145 Ashland Avenue PIN 10-12-416-008-0000 2153 Ashland Avenue PIN 10-12-416-006-0000 1515 Payne Street PIN 10-12-416-010-0000 1523 Payne Street PIN 10-12-416-009-0000 2150 Green Bay Road PIN 10-12-416-016-0000 10-12-416-017-0000 2156 Green Bay Road PIN 10-12-416-011-0000 10-12-416-012-0000 10-12-416-015-0000 10-12-416-018-0000 289 of 441 37-O-13 ~5~ EXHIBIT B Map of Properties Removed from the C2 District and Placed Within the MXE Mixed Use Employment District 290 of 441 291 of 441 FF II NN DD II NN GG SS FOR STANDARDS OF AA MM EE NN DD MM EE NN TT SS In the case of after conducting a public hearing on March 13, 2013, the Plan Commission makes the following findings of fact, based upon the standards for amendments to the Zoning Ordinance specified in Section 6-3-4-6 of the City Code: Standard Finding ___x__Met _____Not Met (A) Whether the proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive General Plan, as adopted and amended from time to time by the City Council. Specifically: A 6-0 ___x__Met _____Not Met (B) Whether the proposed amendment is compatible with the overall character of existing development in the immediate vicinity of the subject property. Specifically: A 6-0 ___x__Met _____Not Met (C) Whether the proposed amendment will have an adverse effect on the value of adjacent properties. Specifically: A 6-0 ___x__Met _____Not Met (D) The adequacy of public facilities and services. . Specifically: A 6-0 Case: 13PLND-0011 Address or Location: 2153, 2143 & 2145 Ashland Avenue, 1515 & 1523 Payne Street, and 2150 & 2156 Green Bay Road Petitioner: John Leineweber (2153 Ashland Avenue), City-initiated (others) Proposed Amendment: Map amendment to rezone the proposed properties from the C2 Commercial District to the MXE Mixed Use Employment District 292 of 441 and, based upon these findings, and upon a vote of __6__ in favor & __0__ against recommends to the City Council __x__ approval _____ approval with modifications specifically: ____ denial of the proposed amendment. __________________________________________ Date: _____________ Scott Peters Plan Commission Chairman Attending: Vote: Aye No __x__ Lenny Asaro _x_ ___ __x__ Seth Freeman _x_ ___ _____ Barbara Putta ___ ___ __x__ Kwesi Steele _x_ ___ _____ Jim Ford ___ ___ __x__ Scott Peters _x_ ___ __x__ Richard Shure _x_ ___ __x__ Patricia Ledesma _x_ ___ 293 of 441 APPROVED Page 1 of 3 Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, March 13, 2013 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Seth Freeman, Patricia Ledesma, Scott Peters (Chair), David Galloway (Associate), Richard Shure, Stuart Opdycke (Associate), Lenny Asaro Members Absent: Barbara Putta, Jim Ford, Kwesi Steele 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 7:03 P.M. 2. APPROVAL OF DECEMBER 12, 2012 MEETING MINUTES Commissioner Ledesma motioned for approval of the December 12, 2012 meeting minutes. Commissioner Freeman seconded the motion. A voice vote was taken and the minutes were approved 7-0. 3. ZONING MAP AMENDMENT 13PLND-0010 Consideration of map amendment, pursuant to City Code Title 6, Zoning, to rezone 1715 Church Street, 1703 Darrow Avenue, and 1711 Darrow Avenue from the I2 General Industrial District to the MXE Mixed Use Employment District. Melissa Klotz, Zoning Planner, explained the proposed rezoning, and applicant John Leineweber elaborated on the reasons for the map amendment application. Commissioner Freeman motioned for approval of the map amendment, and was seconded by Commissioner Ledesma. The motion was approved 5-0. Commissioner Steele arrived at 7:10 P.M. 4. ZONING MAP AMENDMENT 13PLND-0011 Consideration of the proposed map amendment, pursuant to City Code Title 6, Zoning, to rezone 2153, 2143 & 2145 Ashland Avenue, 1515 & 1523 Payne Street, and 2150 & 2156 Green Bay Road, from the C2 Commercial District to the MXE Mixed Use Employment District. 294 of 441 APPROVED Page 2 of 3 Plan Commission Minutes Ms. Klotz explained the proposed rezoning, and noted that the proposed rezoning for 2153 Ashland Avenue was brought forward through a map amendment application made by the current property owner, John Leineweber, while the remaining properties of discussion are a City-initiated map amendment. All of the properties in question are proposing a change to the MXE District. Mr. Leineweber elaborated on the reasons for the map amendment application. Chairman Peters asked how the property values will be affected and Mr. Leineweber responded that the taxes will adjust, thereby increasing the value to the property owners. Chairman Peters asked if there are adequate public services for the uses listed in the MXE District. Dennis Marino, Manager of Planning and Zoning, responded that yes, the streets are in good condition, there is a bike path nearby, and there is adequate sewer and water service. Commissioner Freeman motioned for approval of the map amendment, and was seconded by Commissioner Ledesma. The motion was approved 6-0. 5. ZONING TEXT AMENDMENT 13PLND-0014 Consideration of the proposed text amendment, pursuant to City Code §6-18-3, Definitions, to discuss increasing the allowed production limit for Micro-Distilleries. Ms. Klotz explained the proposal. Ken Cox, Corporation Council, noted that the State of Illinois signed the new regulations into law today. Commissioner Opdycke asked what changes Few Spirits expects with the increased production levels, and Brooke of Few Spirits noted a second shift would be added to double production, and eventually a second location in Evanston may be added. Commissioner Opdycke asked if there have been any neighbor complaints against the business and City staff responded there has not. Commissioner Freeman motioned to approve the text amendment, and was seconded by Commissioner Ledesma. The motion was approved 6-0. 6. OTHER BUSINESS Commissioner Freeman nominated Commissioner Shure as Vice Chair to the Plan Commission. Commissioner Shure was approved as Vice Chair 8-0. 7. ADJOURNMENT Commissioner Freeman motioned for adjournment. Commissioner Shure seconded the motion. The meeting adjourned at 7:33 P.M. Respectfully Submitted, 295 of 441 APPROVED Page 3 of 3 Plan Commission Minutes Melissa Klotz Zoning Planner, Community and Economic Development Department The next regular Plan Commission meeting is scheduled for WEDNESDAY, APRIL 10, 2013 at 7:00PM in COUNCIL CHAMBERS of the Lorraine H. Morton Civic Center. 296 of 441 297 of 441 298 of 441 299 of 441 300 of 441 301 of 441 302 of 441 303 of 441 304 of 441 305 of 441 306 of 441 307 of 441 308 of 441 309 of 441 310 of 441 311 of 441 312 of 441 313 of 441 314 of 441 315 of 441 316 of 441 317 of 441 318 of 441 319 of 441 320 of 441 321 of 441 322 of 441 323 of 441 324 of 441 325 of 441 326 of 441 327 of 441 328 of 441 329 of 441 For City Council meeting of May 28, 2013 Item P4 Ordinance 53-O-13 Application for Special Use for a Resale Establishment at 1104 Davis Street For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Dennis Marino, Manager, Planning and Zoning Division Susan Guderley, Neighborhood Planner, Planning and Zoning Division Subject: Ordinance 53-O-13 Granting a Special Use for a Resale Establishment at 1104 Davis Street Date: May 14, 2013 Recommended Action The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 53-O- 13 granting a special use permit for a Resale Establishment for office furniture at 1104 Davis Street called Not Fade Away. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. The applicant currently owns an office furniture liquidation and wholesale business in Niles, Illinois. Summary The subject property is developed with a 3-story, mixed used building (nine ground floor commercial storefronts, with sixteen, multi-family residential units above). The applicant is a lessee of one storefront from which he proposes to operate a used office furniture store, named Not Fade Away. The storefront space proposed for this resale establishment is approximately 600 square feet in size. Ingress and egress for all uses (employees, customers, and all deliveries) will be via an entrance fronting Davis Street. Although there is a rear door to the commercial space, it leads to a gangway shared by an adjacent multi-family building to the south which is secured by locked fencing at both ends. The applicant states that he owns and operates another used furniture business, Whole Cubes, in Niles, Illinois. That operation includes both office furniture liquidations and wholesale distribution to office furniture dealers, who then retail the inventories. The majority of the used furniture acquired through liquidation is sold in-bulk to dealers. Yet, most liquidation also results in some items that are not in large quantities and which cannot be sold wholesale. Since 2010, the applicant has donated these items to community and not-for-profit organizations. However, the business still results in more Memorandum 330 of 441 product than can be donated or warehoused. Most of these items are smaller pieces of office furniture – side tables, chairs, and file cabinets. Rather than send reusable items to landfills, the applicant proposes to sell them from the Davis Street storefront and to donate the net proceeds (revenues minus operating expenses of rent, utilities and insurance) to Evanston community and social service organizations. The applicant plans to ultimately staff the store entirely by volunteers. However, until that plan can be fully implemented, the applicant’s other business will donate an employee’s time to fill in, as needed. The subject property is situated at the western edge of downtown Evanston’s Davis Street business corridor, on the southwest corner of its intersection with Oak Avenue. The subject property is zoned D4 as is the property immediately to the north across Davis Street, the site of the main Evanston Post Office. To the east, between Oak and Maple Avenues, business properties on both the north and south sides of Davis are zoned D2, Downtown Retail Core. This area contains a diverse mix of retail sales, professional services and restaurants. Properties immediately south and west of the subject property are zoned R6 General Residential and developed with multi-family residential buildings. The nearest business selling previously owned items is a used book store about 1,000 feet to the east. However, used book stores are specifically excluded from consideration under the definition of resale establishment in the Zoning Ordinance. Inventory will be delivered to the subject location twice weekly, on weekdays between the hours of 7-9:00 a.m. Temporary parking for deliveries can be found either in an alley to the west or along Oak Street to the east, with items hand-trucked to the Davis Street entrance. Because of their smaller size, it is expected that items sold will also leave the store via the Davis Street entrance and carried by customers to their vehicles. The store will not offer delivery from this location. Like other commercial uses in the multi-tenant building, there is no available off-street parking for customers or employees associated with 1104 Davis Street. However, there is a substantial amount of on-street parking within one block radius along Davis and both metered and non-metered, 2-hour, on-street parking along Oak Avenue. The subject property is also within a 3-block walk of both the CTA and Metra stations, as well as multiple downtown parking garages and surface lots. Neighborhood Benefit This special use will fill a now vacant storefront space with a compatible use and will not result in any negative cumulative impacts. Comprehensive Plan The proposed use is consistent with the Comprehensive General Plan’s Goal policy to promote a mixed-use central business district that is attractive, convenient and economically vibrant. The Comprehensive Plan specifically includes: Objective: Implement strategies that enhance the economic vitality of Downtown Evanston. 331 of 441 Policy/Action: Support efforts to improve the variety of retail businesses in the Downtown to strengthen it as a regional shopping center; Legislative History April 23, 2013: By a vote of 6-0, the Zoning Board of Appeals voted to recommend approval of this request with the following conditions: 1) The special use is limited to furniture and furnishings. 2) Hours of operation are limited to 7am – 10pm, 7 days a week. Attachments Proposed Ordinance 53-O-13 April 23, 2013 ZBA Meeting Minutes ZBA Findings Staff memo to the ZBA ZBA Application Packet 332 of 441 5/8/2013 53-O-13 AN ORDINANCE Granting a Special Use Permit for a Resale Establishment Located at 1104 Davis Street in the D4 Downtown Transition Zoning District WHEREAS, the Zoning Board of Appeals (“ZBA”) met on April 23, 2013, pursuant to proper notice, to consider case no. 13ZMJV-0021, an application by Joel Stein (the “Applicant”), lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1104 Davis Street (the “Subject Property”) and located in the D4 Downtown Transition Zoning District, for a Special Use Permit to establish, pursuant to Subsection 6-11-5-3 of Title 6 of the Evanston City Code, 2012, as amended (the “Zoning Ordinance”), a Resale Establishment on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and findings that the application for a Resale Establishment met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of May 28, 2013, the City Council’s Planning and Development Committee (“P&D Committee”) considered and adopted the ZBA’s record and findings, and recommended City Council approval thereof; and WHEREAS, at its meetings of May 28 and June 10, 2013, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, 333 of 441 53-O-13 ~2~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Resale Establishment applied for in case no. 13ZMJV-0021. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Hours of Operation: The Applicant shall not operate the Resale Establishment authorized hereby between the hours of 10:00 p.m. and 7:00 a.m. on any day. C Furniture Only: The Applicant shall sell only furniture and furnishings in the Resale Establishment authorized by the terms of this ordinance. D. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 334 of 441 53-O-13 ~3~ SECTION 6: 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 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 335 of 441 53-O-13 ~4~ EXHIBIT A Legal Description LOTS 5 AND 6 IN BLOCK 61 IN EVANSTON, ILL, SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE MAPS THEREOF, RECORDED JULY 27, 1854, IN BOOK 85 OF MAPS, PAGE 42, IN COOK COUNTY, ILLINOIS. PIN: 11-18-308-021-0000 COMMONLY KNOWN AS: 1104 Davis Street, Evanston, Illinois. 336 of 441 APPROVED Page 1 of 5 Zoning Board of Appeals MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, April 23, 2013 7:30 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Andrew Gallimore, Matt Rodgers, Lori Summers, Beth McLennan, Scott Gingold, Clara Wineberg Members Absent: Mary Beth Berns Staff Present: Melissa Klotz, Susan Guderley, Dennis Marino, Ken Cox Presiding Member: Lori Summers Declaration of Quorum With a quorum present, Chairman Summers called the meeting to order at 7:35pm. Unfinished Business 1622 Forest Place ZBA 13ZMJV-0017 Patriot Park LLC, property owner, applies for a special use for a bed and breakfast establishment at 1622 Forest Place. 1622 Forest Place is located in the R1 Single Family Residential District, which requires a special use permit for a bed and breakfast establishment to operate (Zoning Code Section 6-8-2-4). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Tom O’Brien commented that 2 bed and breakfast establishments in such close proximity to each other are too many, and wondered if such approval would set a precedent for more. Chairman Summers noted that the Plan Commission recommended a minimum 900’ distance requirement between such establishments but the regulation was not approved by City Council. Chairman Summers asked for clarification on the floorplan regarding the unlabeled bedrooms on the third floor. Mr. Scoot explained the bedrooms will be utilized as living space for the B&B manager. Mr. Scott noted the immediate neighbors have not commented in opposition to the proposal, and Mr. Gingold added that they have also not commented in favor. Ms. Cooper noted the economic benefit of having another B&B in Evanston will be minimal since only 5 bedrooms will be available for use. She asked if stronger noise regulations should be implemented than the City’s noise ordinance since B&Bs may have outdoor events often but are surrounded by residences. She then cited examples for large homes in the area that have recently sold after a few days or weeks on the market. Mr. Gingold asked if an incremental economic benefit study was done, and Mr. Scott explained that such a study was not done, however it is the intent of the B&B for guests frequent Evanston shops and restaurants. The Zoning Board entered into Deliberations: Mr. Rodgers felt the commercialization was not a big issue, but was concerned with the close proximity to the other B&B, and noted that the amount of money being invested in the property 337 of 441 APPROVED Page 2 of 5 Zoning Board of Appeals may push the home into a higher price point where it could not revert back to a single family residence. Mr. Gingold noted that according to the minutes from the 300 Church Street B&B public hearing, Mr. Scott stated there was no plan for more B&Bs in the area. Mr. Gingold felt the B&B ordinance was created for existing homeowners to utilize their homes, not for a corporation to purchase a property to run as a business. He added there will be a negative cumulative effect, and many of the Standards are not met. Ms. Wineberg agreed, and added that the use would diminish the characteristics of the neighborhood. Ms. McLennan disagreed. She explained that she lived in resort communities with many nice B&Bs. She applauded the intense renovations and adaptive reuse the applicants intend. She noted that the house, as a $8-9 million dollar property without beach access, will likely be priced out of the single family residence range, but the work needs to be done to it either way. Mr. Gallimore added hotels and B&Bs in Evanston are lacking. This is a large lot so much of the noise will be mitigated and not have the same issues as current illegal rentals that are on small lots. Chairman Summers noted that parking is not an issue at this property and the coach house is not an issue, but there may be a negative cumulative effect, and the proposal may not keep with the intent of the Comprehensive Pan since it isn’t specifically addressed in the Comprehensive Plan. Mr. Gingold explained that he has no problem with B&Bs but it was not the intent of the Zoning Ordinance for corporations to establish multiple B&Bs as businesses. A financier with 99% ownership with a manager owning 1% is not the intent of the ordinance. Ms. Wineberg added the intent of the Zoning Ordinance is not to create a resort area along the lakefront. The Standards were then addressed: 1) Yes 2) No – Scott, Clara, Lori Yes – Beth, Matt, Andrew 3) No – Scott, Clara, Matt, Lori Yes – Andrew, Beth 4) Yes – Lori, Beth, Math, Andrew No – Scott, Clara 5) Yes – but require commercial garbage pick up 6) Yes 7) Yes 8) Yes 9) Yes Mr. Rodgers motioned to recommend approval with the following conditions: 1) No full kitchen on the third floor. 2) Commercial garbage pickup is required. 3) The coach house shall have a minimum 1 year lease and not be part of the B&B. 4) The project be in substantial compliance with the documents and testimony on record. Ms. McLennan seconded the motion, which was denied 2-4 with members McLennan and Gallimore voting in favor and members Wineberg, Gingold, Summers, and Rodgers voting opposed. 338 of 441 APPROVED Page 3 of 5 Zoning Board of Appeals New Business 623 – 627 ½ Howard Street ZBA 13ZMJV-0022 Douglas Lasch, architect, applies for major zoning relief to eliminate 8 required off-street parking spaces for a Type 1 Restaurant. The applicant requests to eliminate 8 required off-street parking spaces for a total of zero off-street parking spaces (Zoning Code Section 6-16-3-5). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Mr. Rodgers noted that he lives within 500’ of the subject property but his judgment would not be affected by the proximity of his residence. Applicant Douglas Lasch explained the proposal: • The project includes a gut rehab of the entire property, including the addition of an outdoor courtyard and seating area. The garage would be turned in to a micro-brewery. • The garage will have the same appearance from the alley side, although only one garage door will be functional. • Staff could park in nearby City lot, take public transportation, or possibly at Sherwin Williams lot. • Looked at options that would not eliminate the garage parking, but there wasn’t a feasible plan. • Valet parking for patrons will be available if the restaurant is busy enough to warrant it. • Currently working on parking lease with Sherwin Williams to lease parking spaces in their lot. Mr. Rodgers noted that there is currently a proposal in review for the residential area just north of the proposed restaurant to make street parking available only to Evanston residents between 6pm and 6am. Mr. Lasch noted the hardship is that there is not enough space available in the building to operate the restaurant and micro-brewery without utilizing the garage area, and the business cannot be successful without the micro-brewery. Dennis Marino, Manager, Planning & Zoning, noted the City lot is on Howard Street and Chicago Avenue and is historically underutilized. Valet parking could utilize that lot as well. Chairman Summers asked how many parking spaces are available at the Sherwin Williams site, and Mr. Lasch responded that there are more than 10 spaces available. Alderman Ann Rainey explained that within the 600 and 700 blocks of Howard Street, on both sides of the street, there are 6 large parking lots that are virtually empty from 7am – 2am, and are available for valet leases for a total of more than 100 available parking spaces. The Zoning Board entered into Deliberations: Chairman Summers noted that a parking lease should be required for staff parking, as well as some customer parking during peak times. Mr. Gingold added that a condition should be added so that staff cannot utilize the street parking. The Zoning Board members found all Standards to be met. Mr. Gingold motioned to recommend approval of the parking variance with the following conditions: 339 of 441 APPROVED Page 4 of 5 Zoning Board of Appeals 1) Staff may not park on the street. 2) 8 off-street parking spaces within the vicinity of the proposed restaurant must be leased. 3) Valet parking must be available during peak business hours. 4) The proposal must be within substantial compliance with the documents and testimony on record. The motion was seconded by Ms. McLennan and approved 6-0. 1404 – 1406 Greenleaf Street ZBA 13ZMJV-0020 Russell and Paula Wagner, property owners, apply for major zoning relief to replace an existing detached garage with a larger detached garage. The applicants request a separation between the principal structure and accessory structure (detached garage) of 4.1’ where 10’ is required (Zoning Code Section 6-4-6-2-C). The Zoning Board of Appeals is the determining body for this case. Applicants Russell and Paula Wagner explained the project: • Current garage is dilapidated and too small to fit a car • Current garage is below grade so it floods • Intend to replace with a solid brick garage to address fire rating concerns • Has support from immediate neighbors • Space above the garage will be used for storage for the on-site business Ms. Klotz explained the rental house is nonconforming and does not affect the garage use. Ms. Klotz also noted because of the B Zoning District, the property is analyzed with FAR, which is compliant at .49 with the proposed garage. The Zoning Board entered into Deliberations: The Zoning Board found the Standards to be met. Mr. Rodgers motioned for approval with the following conditions: 1) The garage must be constructed with a 1 hour separation fire rated wall where it is adjacent to the rental house. 2) The project must be within substantial compliance of the documents and testimony on record. Ms. McLennan seconded the motion, which was approved 6-0. 1104 Davis Street ZBA 13ZMJV-0021 Joel Stein, lessee applies for a special use for a Resale Establishment at 1104 Davis Street. 1104 Davis Street is located in the D4 Downtown Transition District, which requires a special use permit for Resale Establishments to operate (Zoning Code Section 6-11-5-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Applicant Joel Stein explained the proposal: • Sell surplus small office furniture that is left over from large wholesale business. • Plans to give away all proceeds but will not technically be a non-profit establishment. • Will restock a few times a week as needed with a small van. • Will look like a retail shop, not a warehouse. • Hours of operation 10am-5pm Monday-Friday and possibly 11am-4pm on Saturdays. The Zoning Board entered into Deliberations: The Zoning Board found the Standards to be met. Mr. Rodgers motioned to recommend approval with the following conditions: 340 of 441 APPROVED Page 5 of 5 Zoning Board of Appeals 1) The special use is limited to furniture and furnishings. 2) Hours of operation limited to 7am-10pm, 7 days a week. Mr. Gingold seconded the motion, which was approved 6-0. The meeting adjourned at 10:10pm. This meeting was recorded by audio and video and is available at the Community and Economic Development Department, 2100 Ridge Avenue, Evanston. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department 341 of 441 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on April 23, 2013, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearing, based upon the standards for special uses specified in Section 6-3-5-10 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 6-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 6-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met _____Not Met Vote 6-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 6-0 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 6-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 6-0 Case Number: 13ZMJV-0021 Address or Location: 1104 Davis Street Applicant: Joel Stein Proposed Special Use: Resale Establishment – Not Fade Away Office Furniture 342 of 441 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 6-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 6-0 (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 6-0 and, based upon these findings, and upon a vote __6__ in favor & __0__ against Recommends to the City Council _____ approval without conditions __x__ approval with conditions specifically: 1) The special use is limited to furniture and furnishings. 2) Hours of operation are limited to 7am – 10pm, 7 days a week. _____ denial of the proposed special use. __________________________________________ Date: _____________ Lori Summers Zoning Board of Appeals Chair Attending: Vote: Aye No _______ Mary Beth Berns _____ ____ ___X___ Clara Wineberg __X__ ____ ___X___ Scott Gingold __X__ ____ ___X___ Beth McLennan __X__ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Lori Summers __X__ ____ ___X___ Andrew Gallimore __X__ ____ 343 of 441 To: Members of the Zoning Board of Appeals From: Dennis Marino, Manager, Zoning and Planning Division Susan Guderley, Neighborhood Planner Subject: 1104 Davis Street, 13ZMJV-0021 ZBA Recommending Body; City Council Determining Body Date: April 23, 2013 Notice – Published in the April 4, 2013 Evanston Review Joel Stein, lessee, applies for a special use for a Resale Establishment at 1104 Davis Street. 1104 Davis Street is located in the D4 Downtown Transition District, which requires a special use permit for Resale Establishments to operate (Zoning Code Section 6-11-5-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Recommendation Staff recommends the Zoning Board of Appeals provide a recommendation of approval to the City Council for a special use permit to operate a resale establishment, as described by the application and supporting testimony. SPAARC also voted unanimously (7-0) to recommend approval of this project. Although the proposed use clearly falls within the definition of a resale establishment it will function more as an outlet store, selling only merchandise from the owner’s other business. It will not permit the drop-off of used goods by others. There are no other resale establishments within the general area and, as proposed, there will be little discernible difference between the operation of this business from others in the same building, including hours of operation, the handling of deliveries or employee and customer access. Site/Proposal Background The subject property is developed with a 3-story, mixed used building (nine ground floor commercial storefronts, with sixteen, multi-family residential units above). The applicant is a lessee of one storefront from which he proposes to operate a used office furniture store, named Not Fade Away. The applicant states that he owns and operates another used furniture business, Whole Cubes, in Niles, Illinois. That operation includes both office furniture liquidations and wholesale distribution to office furniture dealers, who then retail the inventories. The majority of the used furniture acquired through liquidation is sold in-bulk to dealers. Yet, most liquidations also result in some items that are not in large quantities and which Memorandum 344 of 441 cannot be sold wholesale. Since 2010, the applicant has donated these items to community and not-for-profit organizations. However, the business still results in more product than can be donated or warehoused. Most of these items are smaller pieces of office furniture – side tables, chairs, and file cabinets. Rather than discard and landfill reusable items, the applicant proposes to sell them from the Davis Street storefront and to donate the net proceeds (revenues minus operating expenses of rent, utilities and insurance) to Evanston community and social service organizations. The applicant plans to ultimately staff the store entirely by volunteers. However, until that plan can be fully realized, he states that his other business will donate an employee’s time to fill in, as needed. The subject property is situated at the western edge of the downtown Evanston’s Davis Street business corridor, on the southwest corner of its intersection with Oak Avenue. The subject property is zoned D4 as is the property immediately to the north across Davis Street, the site of the main Evanston Post Office. To the east, between Oak and Maple Avenues, business properties on both the north and south sides of Davis are zoned D2, Downtown Retail Core. This area contains a diverse mix of retail sales (e.g. bakery, hardware, stereo equipment, hobby shop), professional services (e.g. eye wear, insurance, recording studio) and restaurants. Properties immediately south and west of the subject property are zoned R6 General Residential and developed with multi-family residential buildings. The nearest business selling previously owned items is a used book store about 1,000 feet to the east. However, used book stores are specifically excluded from consideration under the definition of resale establishment in the Zoning Ordinance. The proposed use is consistent with the Comprehensive General Plan’s Goal policy to “Support efforts to improve the variety of retail businesses in the Downtown to strengthen it as a regional shopping center..” in order to provide attractions both for those already in the area as well as those thinking about coming to Downtown Evanston. The storefront space proposed for this resale establishment is approximately 600 square feet in size. Ingress and egress for all uses (employees, customers and all deliveries) will be obtained via an entrance onto Davis Street. Although there is a rear door to the commercial space, it leads to a gangway shared by an adjacent multi-family building to the south which is secured by locked fencing at both ends. The applicant proposes to deliver inventory to the subject location twice weekly, on weekdays between the hours of 7-9:00 a.m. Temporary parking for deliveries can be found either in an alley to the west or along Oak Street to the east, with items hand trucked to the Davis Street entrance. Staff observed this same method being used by existing businesses. Because of their smaller size, it is expected that items sold will also leave the store via the Davis Street entrance and carried by customers to their vehicles. The store will not offer delivery from this location. . There is no off-street parking associated with1104 Davis Street. However, within a one block radius there is 2-hour, metered, on-street parking along Davis and both metered and non-metered, 2-hour, on-street parking along Oak Avenue. The subject property is also within a 3-block walk of both the CTA and Metra stations. 345 of 441 Ordinances Identified for Requested Relief: 6-8-2-4: SPECIAL USES: The following uses may be allowed in the D4 District, subject to the provisions set forth in section 6-3-5, “Special Uses,” of this title: Resale establishments (among others listed) Site Plan and Appearance Review Committee (SPAARC) Discussion and Recommendation: Committee members found that the proposed resale establishment, used office furniture store appears to be compatible with the nearby properties. Recommendation: unanimous approval. Special Use Standards: For the ZBA to recommend that City Council grant a special use, the ZBA must find that the proposed special use: a) is one of the listed special uses for the zoning district in which the property lies; b) complies with the purposes and policies of the Comprehensive General Plan and the Zoning Ordinance; c) does not cause a negative cumulative effect in combination with existing special uses or as a category of land use; d does not interfere with or diminish the value of property in the neighborhood; e) is adequately served by public facilities and services; f) does not cause undue traffic congestion; g) preserves significant historical and architectural resources; h) preserves significant natural and environmental resources; and i) complies with all other applicable regulations. Attachments Special Use Application – Submitted March 27, 2013 Zoning Analysis Plat of Survey – May 21, 2003 Interior Storefront Plan Aerial View of Property Zoning Map SPAARC Meeting Minutes – April 10, 2013 346 of 441 347 of 441 348 of 441 349 of 441 350 of 441 351 of 441 352 of 441 353 of 441 354 of 441 355 of 441 356 of 441 357 of 441 358 of 441 Aerial View - 1104 DavisDISCLAIMER: This map and data are provided as-in without warranties of any kind.See www.cityofevanston.org/mapdisclaimers.html for more informationScale 1:2,874Made with Evanston's GISPrinted: Apr 18, 2013 4:29:03 PM359 of 441 Current Zoning - 1104 DavisDISCLAIMER: This map and data are provided as-in without warranties of any kind.See www.cityofevanston.org/mapdisclaimers.html for more informationScale 1:2,874Made with Evanston's GISPrinted: Apr 18, 2013 4:26:10 PM360 of 441 APPROVED SITE PLAN AND APPEARANCE REVIEW COMMITTEE (SPAARC) MINUTES April 10, 2013 Members Present: P. D’Agostino, I. Eckersberg, W. Hallen, M. Klotz, D. Marino, M. Rons, C. Ruiz Staff Present: E. Golden, B. Newman Presiding Member: W. Hallen A quorum being present, Chair Hallen called the meeting to order at 2:33 p.m. New Business: 1) 1623 Howard Street Recommendation to ZBA Request for major zoning relief to eliminate 8 required off-street parking spaces for a Type 1 Restaurant, for a total of zero off-street parking spaces. APPLICATION PRESENTED BY: Douglas Lasch Architect GENERAL DISCUSSION: Mr. Lasch presented plans for the proposed micro brewery to be placed in the garage area. The following issues were discussed: • Possible parking: o In Sherwin Williams’ lot o In public parking at Howard and Chicago (possibly lease spaces) • Parking is light in the area of the proposed restaurant • Micro brewery to be in rear of restaurant in area that is currently the garage • Propose to be open for lunch and dinner • Bus and El lines nearby; owner expects customers to walk, take train, bus and bicycle to restaurant as well as drive • Mr. Marino commented that it is good to have off-street parking spaces for employees Mr. Marino moved to recommend approval, seconded by Mr. D’Agostino. The Committee voted unanimously 7-0 to recommend approval of the zoning relief to the ZBA. 2) 1104 Davis Street Recommendation to ZBA Application for a special use for a Resale Establishment for gently used office furniture. APPLICATION PRESENTED BY: Joel Stein Business Owner GENERAL DISCUSSION: Mr. Stein explained that he has a surplus of used office equipment that he would like to sell at at the 600 sq. ft. shop at 1104 Davis St. The following issues were discussed: • Business to be called “Not Fade Away” SPAARC Meeting Notes – April 10, 2013 Page 1 of 4 361 of 441 • Mr. Stein liquidates used office furniture by the trailer-load nationally and has a surplus of odds and ends • He donates as much as he can and is connected to Little Village but still has more to liquidate • Expects to sell desks, etc. to NWU students and faculty • Wanted to set up business as non-profit but it is cheaper to just give his profits away and he proposes to donate the proceeds to Evanston community organizations • Employees will donate their time to work in the shop • Chair Hallen said it is a good idea and an extraordinary use for that store front • Mr. Marino agreed • Hours: Monday through Saturday with perhaps one later night a week • Loading is to be done a couple of times a week before business hours and would include 5- 6 pieces per load. The only access is in front of the store. • Mr. Stein said the furniture would be displayed nicely and not piled on top of each other with perhaps plants and lamps on the desks. • Mr. Stein expects to open the store May 1, 2013. Mr. Marino moved to recommend approval, seconded by Mr. Ruiz. The Committee voted unanimously 7-0 to recommend approval of the special use to the ZBA. 3) 1601 Sherman Avenue Recommendation to P&D Application for a new sidewalk café at World of Beer. APPLICATION PRESENTED BY: Ted Mavrakis Building/Business Owner GENERAL DISCUSSION: Mr. Mavrakis presented a diagram of the sidewalk café area. The following issues were discussed: • The plans have been approved by the Public Works Dept. • There are no trees on the sidewalk in the area of the proposed sidewalk café • The area will be distinguished and open to windowed doors on the Orrington side • First time sidewalk café applications require City Council approval Mr. Marino moved to recommend approval, seconded by Mr. D’Agostino. The Committee voted unanimously 7-0 to recommend approval of the sidewalk café to the P&D Committee. 4) 1639 Orrington Avenue Recommendation to P&D Application for a new sidewalk café at JT’s Bar and Grill.. APPLICATION PRESENTED BY: Sherrie Vidinich Business Owner GENERAL DISCUSSION: Ms. Vidinich presented a diagram of the sidewalk café area. The following issues were discussed: • The plans have been approved by the Public Works Dept. SPAARC Meeting Notes – April 10, 2013 Page 2 of 4 362 of 441 • Propose 10 – 15 seats in the sidewalk café area • The area will be distinguished and opened to windowed doors • First time sidewalk café application will require City Council approval Mr. Marino moved to recommend approval, seconded by Mr. Ruiz. The Committee voted unanimously 7-0 to recommend approval of the sidewalk café to the P&D Committee. 5) 535 Chicago Avenue Recommendation to Sign Board Request for sign variances for a freestanding sign APPLICATION PRESENTED BY: Walter Hallen GENERAL DISCUSSION: The Courts of Evanston Townhome Association has requested a freestanding sign. The following issues were discussed: • The Association is requesting 2 signs because they say the townhouses are hard to find • Propose to put a free standing sign on the corner of Chicago and Main and one at the opposite end of the townhomes • The Sign Board denied their last request so they are re-submitting and will be present at the next Sign Board meeting to explain why the signs are needed • Addresses are cast into man-made stone and 5” – 6” high • Mr. Marino said the addresses may be hard to see from a moving vehicle • Mr. Hallen explained that a variance is required for the free standing sign because the building is not set back 30’ from the property line. He noted that the proposed sign will not cause a safety hazard Mr. Marino moved to recommend approval, seconded by Mr. D’Agostino. The Committee voted unanimously 7-0 to recommend approval of the variances to the Sign Board. 6) 2420 Main Street Recommendation to Sign Board Request for sign variances for wall signs and the number of signs for Food 4 Less Fuel Station APPLICATION PRESENTED BY: Walter Hallen GENERAL DISCUSSION: Kap Sum Properties LLC has requested sign variances for wall signs and the number of signs for Food 4 Less Fuel Station. The following issues were discussed: • The fuel station is on an out lot facing stores that are facing Main St. • Parking east of the bank on the north end of the lot is being removed but a greater number of parking spaces will be provided on the west end of the site • Proposed signs: o One sign displaying the price of the gas and its size is state-decreed o One free standing sign at the NE corner of the property, which conforms to sign regulations o Classic non-conforming signs on the canopy above the maximum allowed 15.5’; the purpose of which is for trucks to fit under the canopy SPAARC Meeting Notes – April 10, 2013 Page 3 of 4 363 of 441 • Mr. Hallen does not believe the lot is over-signed; there is a vending machine outside the kiosk • Canopy will not obstruct the view of the wall signs on the stores facing Main St. Mr. Marino moved to recommend approval, seconded by Mr. D’Agostino. The Committee voted unanimously 7-0 to recommend approval of the variances to the Sign Board. Other Business: APPROVAL OF MEETING NOTES FROM: April 3, 2013 Mr. Marino moved approval of the minutes of the 4/3/13 SPAARC meeting, seconded by Mr. D’Agostino. The Committee voted unanimously 7-0 to approve the minutes of the 4/3/13 SPAARC meeting. The meeting adjourned at 3:04 p.m. The next regular SPAARC meeting is scheduled for WEDNESDAY, April 17, 2013, at 2:30 p.m. in Room 2404 of the Lorraine H. Morton Civic Center. Respectfully submitted, Bobbie Newman SPAARC Meeting Notes – April 10, 2013 Page 4 of 4 364 of 441 For City Council meeting of May 28, 2013 Item P5 Ordinance 50-O-13: Regulating Vacation Rentals as Type of B&B Establishment For Action To: Honorable Mayor and Members of the City Council Planning & Development Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 50-O-13, Amending Various Portions of the City Code in order to Regulate Vacation Rentals as a Type of B&B Establishment Date: May 22, 2013 Recommended Action: Staff requests consideration of Ordinance 50-O-13. This ordinance was introduced at City Council on May 13, 2013 and referred back to committee in order to consider additional amendments, now set forth in Sections 6 and 7. Summary: Staff presents Ordinance 50-O-13 in response to the Committee’s April 1 and May 13 discussions and direction regarding vacation rentals. If adopted, 50-O-13 would regulate vacation rentals as a subset of B&B establishments. Consequently, any vacation rental, including the Ashland property, could operate only pursuant to a Special Use permit issued by the City Council after recommendation from the ZBA, and a license issued by the Health Department. A party that operates a vacation rental without a Special Use permit would be subject to citations, heard in Administrative Adjudication. Persons cited have the right, under the City Code, to stay A.A. proceedings if they appeal the citations to ZBA. Below is a summary of the body of 50-O-13: Sections 2, 3, and 5 harmonize the multiple appearances of the definition of “B&B Establishment” that appear in the Zoning Ordinance and Health regulation s. Section 4 removes the requirement that every B&B operate from a single- or two- family residence so vacation rentals – not traditional B&B’s – may operate out of multi-family dwellings. Sections 6 and 7 allow operation of temporary Vacation Rentals for 1 rental period per 12-month period pursuant to: a sale-leaseback of the dwelling unit; if the guests are displaced from their own dwelling due to renovation/repair; or, to allow flexibility for unforeseen circumstances, if the operator demonstrates hardship. Memorandum 365 of 441 Page 2 of 2 Section 8 removes the requirement that an operator be on-site whenever guests are present for vacation rentals only – not traditional B&B’s – because the owner- operator may vacate the premises so guests may occupy the dwelling unit. All other standard B&B regulations would apply to non-temporary Vacation Rentals: Allowable by Special Use only in the R1-R6, B1, T1, and T2 zoning districts Maximum 28-day stay Licensed by Health Department Subject to inspection by City staff Legislative History: On September 24, October 8, and November 26, 2012, and January 14, March 2, and April 1, 2013, the P&D Committee considered the ban (1-O-13) or licensing (35-O-13) of vacation rentals. On April 22, P&D and Council removed both prior ordinances from the agenda in order to consider this third ordinance instead. On May 13, 2013, P&D considered this ordinance. It was introduced at City Council and referred back to committee in order to consider additional amendments, now set forth in Sections 6 and 7. Attachments: Ordinance 50-O-13 366 of 441 5/22/2013 5/3/2013 50505050----OOOO----13131313 AN ORDINANCEAN ORDINANCEAN ORDINANCEAN ORDINANCE Amending Various Portions of Amending Various Portions of Amending Various Portions of Amending Various Portions of the the the the City CodeCity CodeCity CodeCity Code In OrderIn OrderIn OrderIn Order to to to to Regulate Regulate Regulate Regulate Vacation RentalsVacation RentalsVacation RentalsVacation Rentals as a Type of Bed and Breakfast Establishmentas a Type of Bed and Breakfast Establishmentas a Type of Bed and Breakfast Establishmentas a Type of Bed and Breakfast Establishment WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt ordinances and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970 states that, generally, “a home rule unit may exercise any power and perform any function pertaining to its government and affairs;” and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164); and WHEREAS, the Local Government Committee to the delegates of the Sixth Illinois Constitutional Convention found that home-rule powers are most urgently needed by larger municipalities in the more highly urbanized areas of the state. Although the problems of urban society affect many small localities, they are felt most intensely in larger cities and villages. Dense concentrations of population and industry call for the creative use of flexible governmental powers to achieve and maintain order, social justice and a satisfactory quality of life. (7 Record of Proceedings, Sixth Illinois Constitutional Convention, 1628-29); and 367 of 441 50-O-13 ~2~ WHEREAS, the Supreme Court of Illinois held that, even in 1981, [t]he City of Evanston is a densely populated and highly urbanized municipality with a large number of rental units In accordance with the goals attempted to be achieved by the creation of home rule, the local governing body can create an ordinance specifically suited for the unique needs of its residents and is keenly and uniquely aware of the needs of the community it serves the home rule unit of Evanston may act under its constitutionally granted police powers to pass reasonable regulations concerning the activities of landlords and tenants in order to protect the public health, safety, morals, and welfare The right of a private party to contract in regard to his property must be subordinate to the overriding needs to protect the interests of the public at large (City of Evanston v. Create, Inc., 85 Ill.2d 101, 113-15); and WHEREAS, on September 24, October 8, November 26, 2012, and January 14, and March 2, 2013 the Planning and Development (“P&D”) Committee held meetings, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.), received input from the public and carefully considered the issue of vacation rentals; and WHEREAS, during the P&D Committee meeting on March 2, 2013, the Committee heard public opinion supporting prohibition, exemplified by a resident who was concerned that, because of operation of Vacation Rentals near his home, he no longer knew his neighbors; and WHEREAS, the P&D Committee also heard a resident speak in favor of prohibition, saying that banning short-term rentals would eliminate a safety risk; and WHEREAS, during the P&D Committee meeting on March 2, 2013, the Committee heard public opinion against prohibition, exemplified a resident who stated that property owners have the right to rent their homes for weekends and that the need has increased since the economic collapse because one tax bill can be paid by one such rental; and 368 of 441 50-O-13 ~3~ WHEREAS, the P&D Committee also heard a resident speak against prohibition, saying that he bought and lives in a three-flat building and operates the other two units as Vacation Rentals and that the revenue allows him to live in Evanston; and WHEREAS, on April 1, May 13, and May 28, 2013, the P&D Committee held meetings pursuant to proper notice and, after careful consideration of the issue and receiving public testimony, determined that there is a compelling governmental interest in regulating vacation rentals to protect the health, safety, and welfare of City residents, and found that the proposed regulations met the standards, set forth in Subsection 6-3- 4-5 of the Evanston City Code of 2012, as amended (the “City Code”), for text amendments to Title 6 of the City Code (the “Zoning Ordinance”), and recommended approval thereof by the City Council; and WHEREAS, on May 28 and June 10, 2013, the City Council held meetings in compliance with the provisions of the Illinois Open Meetings Act, considered the recommendation of the P&D Committee, received additional input from the public, and adopted said recommendation, 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 definition of “Bed and Breakfast Establishment” in Section 6-18-3 of the Zoning Ordinance is hereby amended to read as follows: 369 of 441 50-O-13 ~4~ BED AND BREAKFAST ESTABLISHMENT: An owner-occupied single-family or two- family dwelling unit where short-term lodging and optional morning meals are provided for compensation, or a Vacation Rental. A “Vacation Rental” is a dwelling unit or portion thereof offered for rent for a period shorter than twenty-nine (29) consecutive days to any person other than a member of the Owner’s Family, as those terms are defined herein. “Bed and Breakfast Establishment” shall not include hotels or motels, licensed pursuant to Title 3, Chapter 2 of this Code, lodging establishments, licensed pursuant to Title 5, Chapter 2 of this Code, and/or home sharing in accord with Subsection 6-4-1-14-(B) of this Code. SECTION 3: The first sentence of Section 6-4-7 of the Zoning Ordinance is hereby amended to read as follows: 6-4-7: BED AND BREAKFAST ESTABLISHMENTS: A Bed and Breakfast Establishment is an owner-occupied single-family or two-family dwelling unit where short-term lodging and optional morning meals are provided for compensation, or a Vacation Rental. A “Vacation Rental” is a dwelling unit or portion thereof offered for rent for a period shorter than twenty-nine (29) consecutive days to any person other than a member of the Owner’s Family, as those terms are defined in Section 6-18-3 of this Code. “Bed and Breakfast Establishment” shall not include hotels or motels, licensed pursuant to Title 3, Chapter 2 of this Code, lodging establishments, licensed pursuant to Title 5, Chapter 2 of this Code, and/or home sharing in accord with Subsection 6-4-1-14-(B) of this Code. SECTION 4: Subsection 6-4-7-(A) of the Zoning Ordinance is hereby amended to read as follows: (A) Location: The Bed and Breakfast establishments shall be located within and accessory to an owner-occupied single-family or two-family residential structure. SECTION 5: The definition of “Bed and Breakfast Establishment” in Section 8-19-1 of the City Code is hereby amended to read as follows: BED AND BREAKFAST ESTABLISHMENT: As defined in Section 6-18-3 of this Code. An owner-occupied, single-family or two-family dwelling providing accommodations for a charge to the public with No Bed and Breakfast Establishment shall have more than five (5) guest rooms for rent, in operation more than ten (10) nights in a twelve (12) month period. Only the breakfast meal may be provided to registered guests. The service of food to the public for a charge is otherwise prohibited. Bed and Breakfast Establishments shall not include motels, hotels, boarding houses, or food service establishments. 370 of 441 50-O-13 ~5~ SECTION 6: Subsection 6-4-8-3-(A) of the Zoning Ordinance, “Permitted Temporary Use Regulations” in Residential Districts, is hereby amended by the enactment of a new Subsection 7 thereof, to read as follows: 7. Vacation Rentals: In the following circumstances, but never for more than one (1) rental period per Dwelling Unit per twelve (12)-month period, temporary Vacation Rentals are allowed in districts wherein Bed & Breakfast Establishments are allowed as Special Uses: (a) The proposed temporary Vacation Rental is created pursuant to or in conjunction with a contract to sell the Dwelling Unit containing the Vacation Rental. (b) The temporary Vacation Rental guests(s) are displaced from their own Dwelling Unit so that it may be renovated and/or repaired. (c) The proposed temporary Vacation Rental operator provides proof of demonstrable hardship, determined pursuant to Section 6-3-9 of the Zoning Ordinance, "Administrative Interpretations.” SECTION 7: Subsection 6-4-8-3-(B) of the Zoning Ordinance, “Permitted Temporary Use Regulations” in Non-Residential Districts, is hereby amended by the enactment of a new Subsection 7 thereof, to read as follows: 7. Vacation Rentals: In the following circumstances, but never for more than one (1) rental period per Dwelling Unit per twelve (12)-month period, temporary Vacation Rentals are allowed in districts wherein Bed & Breakfast Establishments are allowed as Special Uses: (a) The proposed temporary Vacation Rental is created pursuant to or in conjunction with a contract to sell the Dwelling Unit containing the Vacation Rental. (b) The temporary Vacation Rental guests(s) are displaced from their own Dwelling Unit so that it may be renovated and/or repaired. (c) The proposed temporary Vacation Rental operator provides proof of demonstrable hardship, determined pursuant to Section 6-3-9 of the Zoning Ordinance, "Administrative Interpretations.” 371 of 441 50-O-13 ~6~ SECTION 8: Subsection 8-19-4-(B) of the City Code is hereby amended to read as follows: (B) Owner Occupied: All buildings containing guest rooms must be occupied by the owner whenever Bed and Breakfast Guests are present, unless the Bed and Breakfast Establishment is a Vacation Rental. SECTION 9: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10: 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 11: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 12: The City Council hereby directs the Corporation Counsel’s office to transmit to the Zoning Board of Appeals a copy of this ordinance, the accompanying transmittal memorandum, and minutes of all P&D Committee meetings that contain deliberations regarding vacation rentals. SECTION 13: 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. 372 of 441 50-O-13 ~7~ Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 373 of 441 For City Council meeting of May 28, 2013 Item P6 Ordinance 46-O-13, Amending the Zoning Ordinance to Allow Yard Waste Transfer Facilities as Special Uses in the I3 District For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Dennis Marino, Manager, Planning and Zoning Division Melissa Klotz, Zoning Planner, Planning and Zoning Division Subject: Proposed Ordinance 46-O-13 Amending the Zoning Ordinance to allow Yard Waste Transfer Facilities as Special Uses in the I3 District. Date: May 7, 2013 The P&D Committee held Ordinance 46-O-13 in committee at its meeting of April 22, 2013, at the request of 9th Ward Alderman Coleen Burrus. On May 2, 2013, a neighborhood meeting was held to discuss the ordinance, including concerns about odors possibly emanating from yard waste transfer facilities and the effects of such uses on residential areas. The applicants for the proposed text amendment, 8th Ward Alderman Ann Rainey, 9th Ward Alderman Burrus, Ken Cox of the City’s Law Department, and concerned citizens attended the meeting. This ordinance was introduced at the May 13, 2013 City Council meeting Recommended Action The Plan Commission and City staff recommend amending the Zoning Ordinance to allow yard waste transfer facilities as special uses in the I3 General Industrial District. The proposed text amendment was initiated by a party interested in operating a business that includes a yard waste transfer facility, which is the accumulation of yard waste from landscape contractors that would be transferred to a recycling facility outside the city approximately every 24 hours. Yard waste includes grass clippings, leaves, tree prunings and woody wastes, weeds, brush, and other compostable landscape material. The only I3 District in Evanston is surrounded by I1 and C1 Districts, with the nearest residential area over 400 feet away from the closest portion of the I3 District. Summary Applicants Jim Seckelmann and Scott Scholler of J&S LLC have applied for a text amendment to the Zoning Ordinance to allow landscape (yard) waste facilities as special uses in the I3 General Industrial District. The applicants plan to operate a facility at 2535 Oakton Street that features two principal activities: landscape material sales, which is a Memorandum 374 of 441 permitted trade contractor use, and a yard waste transfer facility, which is currently not a use listed in the Zoning Ordinance. The proposed Zoning Ordinance change would apply to all properties located within Evanston’s only I3 District, which is located on the west side of the city adjacent to the canal, and on the north side of Oakton Street. The applicants’ specific site at 2535 Oakton Street would be discussed in the special use process. The proposed yard waste transfer facility would provide small landscape contractors with a location in the city where they could drop off yard waste such as grass clippings, branches, and trimmed greenery, and then purchase wholesale landscape materials in a one-stop shopping experience. All yard waste would be transferred to off-site recycling and composting facilities. This use requires an Illinois EPA permit that specifies the duration the waste materials may stay at the transfer site to a time period of 24 hours during the week and slightly longer on weekends. The yard waste would not be permitted at the transfer site for extended periods of time. All yard waste would be covered and secured daily per Illinois EPA regulations. Trucks would remove the waste once or twice daily, as necessary, to be transferred to an off-site recycling and composting facility. For the duration the materials would remain on-site awaiting transfer, the yard waste would be treated with a misting deodorizer when necessary to minimize odors. The applicants have committed to all preventable measures to ensure strong odors do not emanate off-site. Yard waste transfer facilities should be allowed by special use in the I3 District, which is the most intense industrial district in the city and permits other uses of similar intensity such as automobile body and service repair establishments, automobile storage lots, heavy manufacturing, and pharmaceutical manufacturing. The Zoning Ordinance states: The I3 general industrial district is intended to provide sites for manufacturing and industrial uses under controls that minimize any adverse effects on property in nearby residential, business, and commercial districts. The special use process would allow the City to condition any special use for yard waste transfer facilities to address site-specific concerns including hours of operation and potential nuisance issues. The special use process also allows all property owners within 500 feet to voice their concerns in a public hearing. The only I3 District in Evanston is surrounded by I1 and C1 Districts, with the nearest residential area over 400 feet away from the closest I3 area. Due to the high intensity and potential issues of such use, it is not recommended to allow such facilities in any other zoning district. In addition to the proposed land use regulation, a zoning definition must be established. The definition is proposed as: Yard Waste Transfer Facility – A non-governmental facility that accepts yard waste and wood waste, as defined in City Code Section 8-4-1, as amended, 375 of 441 and/or landscape waste, as defined in 415 ILCS 5/3.270, as amended, for sorting and/or consolidation prior to transfer to an off-site recycling and/or composting facility. Composting on-site is prohibited. Any mechanical facilities used for the processing of such yard/landscape waste must be incidental in nature. The zoning definition refers to City Code Section Title 8, Health and Sanitation, which defines yard waste as: Yard Waste – grass clippings, leaves, tree prunings and woody wastes, weeds, brush, and other compostable landscape type materials. The proposed use and special use regulation fits well with the goals and objectives of th e Comprehensive Plan, which include: Goal: Retain and enhance a diversity of business, commercial, and industrial areas as desirable locations of economic activity. Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. The applicants plan to apply for a special use permit as soon as possible following the adoption of the proposed yard waste transfer facility regulations. Attachments Proposed Ordinance 46-O-13 Text Amendment Application Packet I3 District Zoning Regulations Plan Commission Draft Meeting Minutes 04.10.13 Zoning Committee of the Plan Commission Meeting Minutes 03.20.13 376 of 441 4/4/2013 46-O-13 AN ORDINANCE Amending Portions of the Zoning Ordinance to Create the “Yard Waste Transfer Facility” Use WHEREAS, on April 10, 2013, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 13PLND-0015 to consider various amendments to the text of Title 6 of the Evanston City Code of 2012, as amended (the “Zoning Ordinance”), relating to the creation of the Use known as “Yard Waste Transfer Facility;” and WHEREAS, the Plan Commission received testimony and made written findings pursuant to Section 6-3-4-5 of the Zoning Ordinance that the proposed amendments met the standards for text amendments, and recommended City Council approval thereof; and WHEREAS, at its meetings of April 22 and May 13, 2013, the Planning and Development Committee of the City Council considered and adopted the findings and recommendation of the Plan Commission in case no. 13PLND-0015 and recommended City Council approval thereof; and WHEREAS, at its meeting of May 13, 2013, the City Council considered and adopted the records and recommendations of the Plan Commission and the Planning and Development Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: 377 of 441 46-O-13 ~2~ SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Section 6-18-3 of the Zoning Ordinance, “Definitions,” is hereby amended to include the following: YARD WASTE TRANSFER FACILITY: A non-governmental facility that accepts yard waste, as defined in City Code Section 8-4-1, as amended, and/or landscape waste, as defined in 415 ILCS 5/3.270, as amended, for sorting and/or consolidation prior to transfer to an off-site recycling and/or composting facility. Yard/landscape waste shall remain on-site before such transfer for no longer than twenty-four (24) hours or other time period designated in 415 ILCS 5/39.2(o), as amended. Composting on- site is prohibited. Any mechanical facilities used for the processing of such yard/landscape waste must be incidental in nature. SECTION 3: Subsection 6-14-3-3 of the Zoning Ordinance, “Special Uses” in the I3 District, is hereby amended to include “Yard Waste Transfer Facility.” SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 7: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 378 of 441 46-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 379 of 441 380 of 441 381 of 441 382 of 441 383 of 441 384 of 441 385 of 441 386 of 441 387 of 441 388 of 441 389 of 441 390 of 441 391 of 441 392 of 441 393 of 441 394 of 441 395 of 441 396 of 441 397 of 441 398 of 441 399 of 441 400 of 441 DRAFT NOT APPROVED Page 1 of 3 Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, April 10, 2013 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Jim Ford, Stuart Opdycke (Associate), Seth Freeman, Patricia Ledesma, Barbara Putta, Melanie Johnson Members Absent: Richard Shure, David Galloway (Associate), Kwesi Steele, Lenny Asaro Staff Present: Susan Guderley, Melissa Klotz, 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 7:05 P.M. 2. APPROVAL OF MARCH 13, 2013 MEETING MINUTES Commissioner Ledesma motioned for approval of the March 13, 2013 meeting minutes. Commissioner Freeman seconded the motion. A voice vote was taken and the minutes were approved 6-0. 3. TEXT AMENDMENT TO THE ZONING ORDINANCE 13PLND-0015 Consider a text amendment, pursuant to City Code Title 6, Zoning, to discuss the zoning regulations for landscape waste recycling transfer facilities as special uses in the I3 General Industrial District. Melissa Klotz, Zoning Planner, explained the proposed text amendments and summarized the Zoning Committee’s deliberations related to the addition of a definition for landscape waste recycling transfer facilities and their introduction as a special use within the I3 General Industrial District. Should the text amendments be approved, applicants Jim Secklmann and Scott Scholler, J&S LLC, intend to pursue a special use permit to establish and operate a landscape waste recycling transfer facility and landscape material sales operation at 2535 Oakton Avenue. The applicants and their consultant Jeramiah Yeksavich, Rolf C. Campbell & Associates, described the nature of landscape waste recycling transfer facilities and their regulation by the IEPA, which does permit local zoning review. Commissioner Ford asked if the recycling function needed to be conducted on a pad or foundation. Mr. Scholler said that the IEPA requires these operations to be enclosed. Commissioner Freeman asked if there were any existing landscape waste recycling 401 of 441 DRAFT NOT APPROVED Page 2 of 3 Plan Commission Minutes transfer facilities within the City. Dennis Marino, Manager of Planning & Zoning Division, stated that staff had examined other landscaping facilities and found that the most similar one had a long history of various operations and was now primarily a landscape material sales business. Any other activity on that site was an incidental use and not of the nature or scale proposed by either this text amendment or governed by state regulations. Commissioner Putta asked how the City of Evanston currently disposes of the materials generated by its forestry operations and whether the location of this facility will be of benefit to the city. Mr. Secklmann stated that his company currently operates a wood collection and chipping facility for the City by Mount Trashmore. The City uses some of the resulting wood chips; the remainder is trucked offsite. He also noted that the IEPA regulations do not apply to woody landscape wastes, only to compostable plant materials like grass clippings. Consequently, there is no State-mandated time limit for the removal of woody waste from a processing site; typically, his operations remove these on a weekly basis. Chair Peters observed that the proposed definition incorporates the EPA statutory language which only applies yard waste and noted that it needed to be amended to add reference to woody waste. He also recommended that any reference to time limits be deleted from the definition as they only apply to the compostable component of the waste stream (Section 2 of the proposed Ordinance) and referenced in the Special Use citation (Section 3 of the proposed Ordinance). Chair Peters asked if there were any members of the public wishing to comment. Debbie Hillman, 1118 Sherman Avenue, stated that she supports the general topic of composting but also wanted to alert the Commission that State Representative Robyn Gabel is currently sponsoring a bill on urban composting that would eliminate permitting for defined, smaller operations. Commissioner Ford motioned for approval of the text amendment, revised to reflect Chairman Peters recommendation to insert a reference to woody waste in Section 2 of the proposed text and to move the reference to state regulations pertaining to time limits to Section 3, Special Uses. The motion was seconded by Commissioner Freeman. The motion was approved 6-0. 4. TEXT AMENDMENT TO THE ZONING ORDINANCE 13PLND-0018 Consider a text amendment, pursuant to City Code Title 6, Zoning, to discuss the zoning regulations of indoor recreation facilities as permitted and special uses. Ms. Klotz explained the proposed text amendment. She noted that there are two parties who are considering establishing indoor recreational facilities on properties zoned I2, General Industrial, pursuant to approval of the text amendment. One proposes to convert an existing industrial building on Dempster Street, between Dodge and Hartrey Avenues, into an indoor soccer practice and game facility. The second is a proposal to establish a ‘bubble dome’ type structure on Oakton Street for use on a rental basis for multiple sports. Commissioner Ford motioned for approval of the text amendment, and was seconded by Commissioner Freeman. The motion was approved 6-0. 5. COMMITTEE REPORTS 402 of 441 DRAFT NOT APPROVED Page 3 of 3 Plan Commission Minutes There were no committee reports. 6. OTHER BUSINESS Mr. Marino invited Plan Commission members to attend the first public meeting for the Main Street Transit Oriented Development Study on April 11, 2013, 7:00-9:00 P.M. 7. ADJOURNMENT Commissioner Freeman motioned for adjournment. Commissioner Ford seconded the motion. The meeting adjourned at 7:55 P.M. Respectfully Submitted, Susan Guderley Neighborhood Planner, Community and Economic Development Department The next regular Plan Commission meeting is scheduled for WEDNESDAY, MAY 8, 2013 at 7:00PM in COUNCIL CHAMBERS of the Lorraine H. Morton Civic Center. 403 of 441 404 of 441 405 of 441 For City Council meeting of May 28, 2013 Item P7 Ordinance 47-O-13: Commercial Indoor Recreation For Action To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager/Chief Financial Officer Subject: Proposed Ordinance 47-O-13 Amending the Zoning Ordinance to allow Commercial Indoor Recreation as a Special Use in the I2 District Date: May 23, 2013 Recommended Action Staff recommends approval of Ordinance 47-O-13 as amended and introduced by City Council on April 22, 2013. A response to questions from the May 13, 2013 City Council meeting is included in the following memo from the Corporation Counsel and Assistant City Manager. Attachments Memo from Corporation Counsel and Assistant City Manager Ordinance 47-O-13 April 22, 2013 P&D Packet Memorandum 406 of 441 To: Honorable Mayor and Members of the City Council From: W. Grant Farrar, Corporation Counsel Martin Lyons, Assistant City Manager/CFO Subject: 47-O-13, “Commercial Indoor Recreation” Zoning Text Amendment Date: May 23, 2013 Following the discussion on May 13, 2013, please find information responsive to the questions that were asked. Ordinance 47-O-13 It permits an owner or lessee of property in the I2 District to apply for a Special Use Permit for a Commercial Indoor Recreation facility. This procedure is the same as for other Special uses, such as Type 2 Restaurants: Notice of the application is mailed to owners of properties within 500’ of the subject property and published 15-30 days prior to the ZBA meeting (6-3-5-7-(B)) ZBA considers the application (6-3-5-7-(A)) based on 9 standards (6-3-5-10) ZBA recommends that the P&D Committee and Council deny, approve, or approve with conditions (6-3-5-7-(C)) P&D Committee makes its own recommendation to the full City Council (6-3-5-8) City Council issues a final legislative determination (6-3-5-8) A special use process from application to Council approval can take 90-120 days. An applicant for a Special use Permit for a Commercial Indoor Recreation use could conduct operations if Council approved the Special use. Property Taxes If a not-for-profit entity were to lease a City-owned facility and operate a Commercial Indoor Recreation facility, it may be subject to property taxes, as determined by the Cook County Assessor’s Office and Board of Review. The ultimate responsibility for paying any such taxes should be a negotiated term of any such lease. In the case of a privately owned property leased to a non-profit, we reviewed the Cook County Board of Review (“CCBR”) policies for information concerning tax payments. Confirming our initial view, an exempt tenant may apply for the property tax exemption, Memorandum 407 of 441 subject to certain restrictions. A church or charity may apply for the exemption if it agrees in writing to be responsible for paying the property tax on the area it leases. The organization must prove to the CCBR that the organization is charitable and religious. If an exemption is received, it must be renewed annually. A church is not required to own the property outright to possibly receive an exemption. It must show to the CCBR’s satisfaction that it is using the property exclusively for non-profit religious purposes. An entity must pay taxes unless and until it receives an exemption. Pending receipt of an exemption, an entity must pay under protest and then get a Certificate of Error for reimbursement of taxes previously paid out. 408 of 441 409 of 441 410 of 441 411 of 441 For City Council meeting of April 22, 2013 Item Proposed Ordinance 47-O-13 Amending the Zoning Ordinance to allow Indoor Recreation as a Special Use in the I2 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 Ordinance 47-O-13 Amending the Zoning Ordinance to allow Indoor Recreation as a Special Use in the I2 District Date: April 11, 2013 Recommended Action The Plan Commission and City staff recommend amending the Zoning Ordinance to allow indoor recreation facilities as special uses in the I2 District, as well as modification to remove the term “commercial” from the zoning definition so that non-commercial entities may establish such use. There are currently two interested parties, one of which is a non- commercial entity, that hope to establish indoor recreation facilities in I2 Districts. Summary The Zoning Ordinance currently regulates commercial indoor recreation facilities as permitted uses in all C and D Districts as well as the B3 and RP Districts, and as special uses in the B1a, B2, and M Districts. Commercial indoor recreation is currently defined as: Commercial Indoor Recreation – Public or private recreation facilities, tennis ball, racquet or other courts, swimming pools, bowling alleys, skating rinks, or similar uses that are enclosed in buildings and are operated on a commercial or membership basis primarily for the use of persons who do not reside on the same lot as that on which the recreational use is located. “Commercial indoor recreation” shall include, but not be limited to, health and fitness establishments or any accessory use, such as snack bars, pro shops, and locker rooms that are designed and intended primarily for the use of patrons of the principal recreational use. “Commercial indoor recreation shall not include cultural facilities, community, and recreation centers, or any use that is otherwise listed specifically in a zoning district as a permitted or special use. Memorandum 412 of 441 There are currently two parties interested in establishing such use in I2 Districts. One potential user plans to establish a facility in an existing warehouse-style building that is located on Dempster Street between Dodge and Hartrey Avenues. The facility would be utilized by the Evanston Soccer Association, which is a non-commercial entity, for practices and matches. The second interested party plans to construct a “bubble” facility on Oakton Street on the far west side of the city near Gordon Food Service. The “bubble” facility would feature multiple indoor sports fields, including soccer, lacrosse, and baseball, which could be rented out to athletic groups for practices and games/matches. The proposed text amendment would allow the interested parties to apply for special use permits for the proposed I2 sites. With special use approval required, the City would look at such applications on a case by case basis and determine if each proposed indoor recreation facility fits well with the surrounding land use. Most I2 properties do not feature prime retail spaces, so the proposed text amendment would allow indoor recreation facilities to establish in I2 Districts that currently feature vacant spaces or undeveloped land. The special use process would also give the City the opportunity to condition each use on issues such as hours of operation and parking. Along with the proposed land use change to allow indoor recreation as a special use in the I2 District, the zoning definition should be amended to remove the term “commercial” and to clarify the remainder of the definition. The proposed amended definition is: Indoor Recreation – Public or private, non-governmental recreation facilities, tennis ball, racquet or other courts, swimming pools, bowling alleys, skating rinks, or similar uses that are enclosed in buildings primarily for the use of persons who do not reside on the same lot as that on which the recreational use is located. “Indoor recreation” shall include, but not be limited to, health and fitness establishments or any accessory such, such as snack bars that sell pre-packaged food items, pro shops, and locker rooms that are designed and intended primarily for the use of patrons of the principal recreational use. “Indoor recreation” shall not include Cultural Facilities, Community Centers, and Recreation Centers, or any use that is otherwise listed specifically in a zoning district as a permitted or special use. The proposed text amendment clarifies that non-commercial uses such as community centers are not categorized by the modified definition. The addition of indoor recreation as a special use in the I2 District fits well with the goals and objectives of the Comprehensive Plan, which include: Goal: Retain and enhance a diversity of business, commercial, and industrial areas as desirable locations of economic activity. 413 of 441 Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. The proposed changes will allow the two currently interested parties to apply for special use approval, and may encourage development of other such facilities throughout the I2 District where appropriate through the special use process. Attachments Proposed Ordinance 47-O-13 I2 District Zoning Regulations Plan Commission Draft Meeting Minutes 04.10.13 Zoning Committee of the Plan Commission Draft Meeting Minutes 03.27.13 414 of 441 415 of 441 416 of 441 417 of 441 418 of 441 419 of 441 420 of 441 421 of 441 422 of 441 DRAFT NOT APPROVED Page 1 of 3 Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, April 10, 2013 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Jim Ford, Stuart Opdycke (Associate), Seth Freeman, Patricia Ledesma, Barbara Putta, Melanie Johnson Members Absent: Richard Shure, David Galloway (Associate), Kwesi Steele, Lenny Asaro Staff Present: Susan Guderley, Melissa Klotz, 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 7:05 P.M. 2. APPROVAL OF MARCH 13, 2013 MEETING MINUTES Commissioner Ledesma motioned for approval of the March 13, 2013 meeting minutes. Commissioner Freeman seconded the motion. A voice vote was taken and the minutes were approved 6-0. 3. TEXT AMENDMENT TO THE ZONING ORDINANCE 13PLND-0015 Consider a text amendment, pursuant to City Code Title 6, Zoning, to discuss the zoning regulations for landscape waste recycling transfer facilities as special uses in the I3 General Industrial District. Melissa Klotz, Zoning Planner, explained the proposed text amendments and summarized the Zoning Committee’s deliberations related to the addition of a definition for landscape waste recycling transfer facilities and their introduction as a special use within the I3 General Industrial District. Should the text amendments be approved, applicants Jim Secklmann and Scott Scholler, J&S LLC, intend to pursue a special use permit to establish and operate a landscape waste recycling transfer facility and landscape material sales operation at 2535 Oakton Avenue. The applicants and their consultant Jeramiah Yeksavich, Rolf C. Campbell & Associates, described the nature of landscape waste recycling transfer facilities and their regulation by the IEPA, which does permit local zoning review. Commissioner Ford asked if the recycling function needed to be conducted on a pad or foundation. Mr. Scholler said that the IEPA requires these operations to be enclosed. Commissioner Freeman asked if there were any existing landscape waste recycling 423 of 441 DRAFT NOT APPROVED Page 2 of 3 Plan Commission Minutes transfer facilities within the City. Dennis Marino, Manager of Planning & Zoning Division, stated that staff had examined other landscaping facilities and found that the most similar one had a long history of various operations and was now primarily a landscape material sales business. Any other activity on that site was an incidental use and not of the nature or scale proposed by either this text amendment or governed by state regulations. Commissioner Putta asked how the City of Evanston currently disposes of the materials generated by its forestry operations and whether the location of this facility will be of benefit to the city. Mr. Secklmann stated that his company currently operates a wood collection and chipping facility for the City by Mount Trashmore. The City uses some of the resulting wood chips; the remainder is trucked offsite. He also noted that the IEPA regulations do not apply to woody landscape wastes, only to compostable plant materials like grass clippings. Consequently, there is no State-mandated time limit for the removal of woody waste from a processing site; typically, his operations remove these on a weekly basis. Chair Peters observed that the proposed definition incorporates the EPA statutory language which only applies yard waste and noted that it needed to be amended to add reference to woody waste. He also recommended that any reference to time limits be deleted from the definition as they only apply to the compostable component of the waste stream (Section 2 of the proposed Ordinance) and referenced in the Special Use citation (Section 3 of the proposed Ordinance). Chair Peters asked if there were any members of the public wishing to comment. Debbie Hillman, 1118 Sherman Avenue, stated that she supports the general topic of composting but also wanted to alert the Commission that State Representative Robyn Gabel is currently sponsoring a bill on urban composting that would eliminate permitting for defined, smaller operations. Commissioner Ford motioned for approval of the text amendment, revised to reflect Chairman Peters recommendation to insert a reference to woody waste in Section 2 of the proposed text and to move the reference to state regulations pertaining to time limits to Section 3, Special Uses. The motion was seconded by Commissioner Freeman. The motion was approved 6-0. 4. TEXT AMENDMENT TO THE ZONING ORDINANCE 13PLND-0018 Consider a text amendment, pursuant to City Code Title 6, Zoning, to discuss the zoning regulations of indoor recreation facilities as permitted and special uses. Ms. Klotz explained the proposed text amendment. She noted that there are two parties who are considering establishing indoor recreational facilities on properties zoned I2, General Industrial, pursuant to approval of the text amendment. One proposes to convert an existing industrial building on Dempster Street, between Dodge and Hartrey Avenues, into an indoor soccer practice and game facility. The second is a proposal to establish a ‘bubble dome’ type structure on Oakton Street for use on a rental basis for multiple sports. Commissioner Ford motioned for approval of the text amendment, and was seconded by Commissioner Freeman. The motion was approved 6-0. 5. COMMITTEE REPORTS 424 of 441 DRAFT NOT APPROVED Page 3 of 3 Plan Commission Minutes There were no committee reports. 6. OTHER BUSINESS Mr. Marino invited Plan Commission members to attend the first public meeting for the Main Street Transit Oriented Development Study on April 11, 2013, 7:00-9:00 P.M. 7. ADJOURNMENT Commissioner Freeman motioned for adjournment. Commissioner Ford seconded the motion. The meeting adjourned at 7:55 P.M. Respectfully Submitted, Susan Guderley Neighborhood Planner, Community and Economic Development Department The next regular Plan Commission meeting is scheduled for WEDNESDAY, MAY 8, 2013 at 7:00PM in COUNCIL CHAMBERS of the Lorraine H. Morton Civic Center. 425 of 441 426 of 441 427 of 441 For City Council meeting of May 28, 2013 Item PD1 Ordinance 54-0-13: Occupancy of Dwelling Units For Discussion To: Honorable Mayor and Members of the City Council Planning & Development Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 54-O-13, Amending Subsections 6-4-1-14 and 6-18-3 Regarding Occupancy of Dwelling Units Date: May 23, 2013 Recommended Action: Staff submits for discussion and possible referral to Plan Commission, Ordinance 54-O- 13, upon request from Alderman Wilson. Funding Source: n/a Summary: Ordinance 54-O-13 would amend Evanston City Code of 2012 Subsections 6-4-1-14 and 6-18-3 to increase the number of unrelated persons who may live together in a dwelling unit. Legislative History: n/a Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 54-O-13 Memorandum 428 of 441 5/23/2013 54-O-13 AN ORDINANCE Amending City Code Sections 6-4-1-14 and 6-18-3 Regarding Occupancy of Dwelling Units NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 6-4-1-14 of the Evanston City Code of 2012, as amended (“City Code”), is hereby further amended to read as follows: 6-4-1-14: OCCUPANCY OF DWELLING UNITS: No dwelling, single-family attached, dwelling, single family detached or dwelling, two- family unit shall be occupied by more than one type (A), type (B), or type (C) family, as defined in Chapter 18, "Definitions", of this Ordinance except as hereinafter provided: (A) Upon written application to the Zoning Administrator, certification of approval shall be issued for occupancy for the foregoing types of a dwelling unit by a type (D) family in all districts where dwelling units are allowed, except the R1 and R2 Districts, provided that the application establishes that the occupancy conforms with the definition of a type (D) family. The members of a type (D) family household shall not keep or store more than one motor vehicle for each such dwelling unit or for each off-street parking space lawfully existing in connection with such dwelling unit, whichever is greater. Certification would be revoked at any time the occupancy or off-street parking no longer conforms to the definition of a type (D) family, or if a request for current records is not answered so as to establish that the type of ownership complies with the definition of a type (D) family. (B) No dwelling unit, of the foregoing type, which contains less than one thousand (1,000) square feet of floor area shall be used to provide living quarters for roomers, servants or permanent guests. Where the floor area of a dwelling unit exceeds one thousand (1,000) square feet and the family occupying the dwelling unit is a type (A) or type (B) family then the dwelling unit may also be used for living quarters for not more than two (2) servants, roomers, or permanent guests, provided that the living quarters are located within the dwelling unit as a physically integral part. 429 of 441 DRAFT54-O-13 ~2~ (C) No dwelling, multiple-family shall be occupied by more than one type (A), type (B), or type (C) family, as defined in Chapter 18, "Definitions", of this Ordinance except as hereinafter provided: Upon written application to the Zoning Administrator, certification of approval shall be issued for occupancy for a dwelling, multifamily, in districts where such dwelling units are allowed, except the R1 and R2 districts, for occupancy by up to 6 unrelated persons, provided such dwelling, multifamily, was originally constructed, or was modified with the issuance of proper permits or is certified by the Zoning Administrator to be in compliance with all applicable zoning and building codes, to contain at least the same number of bedrooms as proposed occupants. SECTION 2: The definition of “Family”, in Section 6-18-3 of the City Code, is hereby further amended to read as follows: FAMILY: (A) Type (A) Family: One or more persons related by blood, marriage, or adoption living together as a single housekeeping unit in a dwelling unit. (B) Type (B) Family: Two (2) unrelated persons and their children living together as a single housekeeping unit in a dwelling unit. (C) Type (C) Family: A group of not more than three (3) four (4) unrelated persons living together as a single housekeeping unit in a dwelling unit. (D) Type (D) Family: A group of two (2) or more persons containing within it one or more families, as defined in subsections (A) and (B) of this definition, including a husband and wife married to one another and their children, as well as adults, living together in a dwelling unit as a single housekeeping unit and management, in premises in which the adult occupants are affiliated with a bona fide not for profit corporation organized for religious purposes chartered by the state of Illinois, that owns or rents the property and has been in existence for at least five (5) years prior to seeking certification by the director of planning and zoning as provided herein; provided, that in no case shall the total occupancy of the dwelling unit exceed two (2) persons per bedroom, nor shall the premises be utilized for religious public assembly. This type (D) family may occupy a dwelling unit only in accordance with the procedures in section 6-4-1-14 of this title. "Family" shall not be construed to mean a club, a lodge or a fraternity/sorority house. 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. 430 of 441 DRAFT54-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 54-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 54-O-13 that can be given effect without the invalid application or provision, and each invalid application of this Ordinance 54-O-13 is severable. SECTION 6: This Ordinance 54-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 431 of 441 For City Council meeting of May 28, 2013 Item H1 Resolution 27-R-13: Moratorium on Use of Unregulated Drone Technology For Action To: Honorable Mayor and Members of the City Council From: Alderman Jane Grover, Ward 7 Subject: Resolution 27-R-13 Authorizing the City of Evanston to Establish a Moratorium on the Use of Unregulated Drone Technology Date: May 9, 2013 Recommended Action: Alderman Grover and members of the Human Service Committee request City Council approval of Resolution 27-R-13 authorizing the City of Evanston to establish a moratorium on the use of unregulated drone technology. This Resolution was approved unanimously at the May 6, 2013 Human Services Committee meeting and held at the May 13, 2013 City Council meeting for additional definitions. Summary: Please see the following memo from Alderman Grover for background information concerning Resolution 27-R-13. Attachments: Resolution 27-R-13 May 6, 2013 Memo to Human Services Committee State Senate Bill 1587 Memorandum 432 of 441 4/18/2013 5/7/2013 5/21/2013 27-R-13 A RESOLUTION Authorizing the City of Evanston to Establish a Moratorium on the Use of Unregulated Drone Technology WHEREAS, the implementation of drone (unmanned aerial system) technology in the United States implicates the privacy and constitutional rights of United States residents, including the residents of Evanston, Illinois; and WHEREAS, the federal government and the State of Illinois have yet to enact reasonable regulation on the use of drones within the United States; and WHEREAS, police departments in the United States have begun to deploy drone technology absent any regulation on the appropriate use of such technology, although the Evanston Police Department has not. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: That the foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City of Evanston establishes a moratorium on the use of drones in the City of Evanston in the absence of reasonable state and federal regulation of the use of drone technology which will expire without further action by the City Council two years from the date of this resolution; with the following exemptions: 1) for Hobby and Model Aircraft, defined as an unmanned aircraft that is— a) capable of sustained flight in the atmosphere; 433 of 441 27-R-13 ~2~ b) flown within visual line of sight of the person operating the aircraft; and c) flown for hobby or recreational purposes; and 2) the Research and Development of "Experimental Aircraft" for non-Department of Defense contracts. SECTION 3: The City of Evanston establishes a moratorium on the use of drones in the City of Evanston in the absence of reasonable state and federal regulation of the use of drone technology; and SECTION 4: The City of Evanston supports efforts in the Illinois General Assembly, the Illinois Senate, and the United States Congress to enact legislation (1) prohibiting information obtained from the domestic use of drones from being introduced into a federal or state court, and (2) precluding the domestic use of drones equipped with anti-personnel devices (meaning any projectile, chemical, electrical, directed- energy), or other device designed to harm, incapacitate, or otherwise negatively impact a human being. SECTION 5: The City of Evanston jointly resolves, with the Associated Student Government (“ASG”) of Northwestern University, as evidenced by the attached resolution of the ASG (Exhibit 1), to provide that the moratorium on drone use extends to all areas of Northwestern University. SECTION 6: Copies of this Resolution will be sent to Illinois Governor Pat Quinn, Illinois Attorney General Lisa Madigan, U.S. Senators Dick Durbin and Mark Kirk, U.S. Congresswoman Jan Schakowsky, Illinois State Senators Daniel Biss and Heather Steans, and Illinois State Representatives Robyn Gabel, Kelly Cassidy and Laura Fine. 434 of 441 27-R-13 ~3~ SECTION 7: This resolution 27-R-13 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Adopted: ________________, 2013 435 of 441 436 of 441 437 of 441 AN ACT concerning criminal law. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 1. Short title. This Act may be cited as the Freedom from Drone Surveillance Act. Section 5. Definitions. As used in this Act: "Authority" means the Illinois Criminal Justice Information Authority. "Drone" means any aerial vehicle that does not carry a human operator. "Information" means any evidence, images, sounds, data, or other information gathered by a drone. "Law enforcement agency" means any agency of this State or a political subdivision of this State which is vested by law with the duty to maintain public order and to enforce criminal laws. Section 10. Prohibited use of drones. Except as provided in Section 15, a law enforcement agency may not use a drone to gather information. Section 15. Exceptions. This Act does not prohibit the use of a drone by a law enforcement agency: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 SB1587 Engrossed LRB098 08321 RLC 38426 b 438 of 441 (1) To counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is that risk. (2) If a law enforcement agency first obtains a search warrant based on probable cause issued under Section 108-3 of the Code of Criminal Procedure of 1963. The warrant must be limited to a period of 45 days, renewable by the judge upon a showing of good cause for subsequent periods of 45 days. (3) If a law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent harm to life or serious damage to property, or to forestall the imminent escape of a suspect or the destruction of evidence. The use of a drone under this paragraph (3) is limited to a period of 48 hours. Within 24 hours of the initiation of the use of a drone under this paragraph (3), the chief executive officer of the law enforcement agency must report in writing the use of a drone to the local State's Attorney. (4) If a law enforcement agency is attempting to locate a missing person, and is not also undertaking a criminal investigation. (5) If a law enforcement agency is using a drone solely for crime scene and traffic crash scene photography. Crime scene and traffic crash photography must be conducted in a geographically confined and time-limited manner to document 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -2-SB1587 Engrossed LRB098 08321 RLC 38426 b 439 of 441 specific occurrences. The use of a drone under this paragraph (5) on private property requires either a search warrant based on probable cause under Section 108-3 of the Code of Criminal Procedure of 1963 or lawful consent to search. The use of a drone under this paragraph (5) on lands, highways, roadways, or areas belonging to this State or political subdivisions of this State does not require a search warrant or consent to search. Any law enforcement agency operating a drone under this paragraph (5) shall make every reasonable attempt to only photograph the crime scene or traffic crash scene and avoid other areas. Section 20. Information retention. If a law enforcement agency uses a drone under Section 15 of this Act, the agency within 30 days shall destroy all information gathered by the drone, except that a supervisor at that agency may retain particular information if: (1) there is reasonable suspicion that the information contains evidence of criminal activity, or (2) the information is relevant to an ongoing investigation or pending criminal trial. Section 25. Information disclosure. If a law enforcement agency uses a drone under Section 15 of this Act, the agency shall not disclose any information gathered by the drone, except that a supervisor of that agency may disclose particular 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 -3-SB1587 Engrossed LRB098 08321 RLC 38426 b 440 of 441 information to another government agency, if (1) there is reasonable suspicion that the information contains evidence of criminal activity, or (2) the information is relevant to an ongoing investigation or pending criminal trial. Section 30. Admissibility. Compliance with this Act is a prerequisite to the admissibility in evidence of any information collected by a law enforcement agency by means of a drone, but nothing in this Act shall be deemed to prevent a court from independently reviewing the admissibility of the evidence for compliance with the Fourth Amendment to the U.S. Constitution or with Article I, Section 6 of the Illinois Constitution. Section 35. Reporting. (a) If a law enforcement agency owns one or more drones, then subsequent to the effective date of this Act, it shall report in writing annually by April 1 to the Authority the number of drones that it owns. (b) On July 1 of each year, the Authority shall publish on its publicly available website a concise report that lists every law enforcement agency that owns a drone, and for each of those agencies, the number of drones that it owns. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 -4-SB1587 Engrossed LRB098 08321 RLC 38426 b 441 of 441