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HomeMy WebLinkAbout07.23.12 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, July 23, 2012 Administration & Public Works (A&PW) Committee meets at 5:45 p.m. Planning & Development (P&D) Committee meets at 7:15 p.m. City Council meeting convenes immediately after the conclusion of the P&D Committee meeting ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Rainey (II) Mayor Public Announcements Presentation by Citizens’ Greener Evanston Evanston Preservation Commission: 2012 Preservation and Design Awards (III) City Manager Public Announcements (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) Consent Agenda: Alderman Rainey 1 of 326 City Council Agenda July 23, 2012 Page 2 of 6 7/19/2012 9:16 AM (VII) Report of the Standing Committees Administration & Public Works - Alderman Grover Planning & Development - Alderman Fiske Human Services - Alderman Tendam (VIII) 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)} (IX) Executive Session (X) Adjournment CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of July 9, 2012 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through 07/01/12 $2,781,931.55 (A2) City of Evanston Bills FY2012 through 07/24/12 $4,194,076.45 (A3.1) Approval of Maintenance Plan Agreement for Sherman Plaza in the Amount of $115,000 for One Year beginning August 23, 2012 The Parking/Transportation Committee and staff recommend approval to continue a maintenance agreement for Sherman Plaza that was established in 2006. The agreement covers the period of August 23, 2012 through August 22, 2013. Funding is provided by the Parking Fund Account 7036.62660 in the amount of $115,000. For Action (A3.2) Approval of Contract Award to L. Marshall, Inc. for the 2012 Roof Replacement Project at the Police-Fire Headquarters (Bid 12-145) Staff recommends approval of the 2012 Roof Replacement Project at the Police/Fire Headquarters to L. Marshall, Inc. (2100 Lehigh Avenue, Glenview, IL) in the amount of $384,000. Funding is provided by the Capital Improvement Plan Projects #415739 and #415227 with a total budget of $410,000. For Action 2 of 326 City Council Agenda July 23, 2012 Page 3 of 6 7/19/2012 9:16 AM (A3.3) Approval of Contract with KLF Trucking for 2012 Debris Hauling and Disposal (Bid 12-149) Staff recommends that City Council authorize the City Manager to execute a contract for debris hauling and disposal (Bid 12-149) with KLF Trucking (2300 W. 167th Street, Markham, IL) in the amount of $163,305. Funding is provided by the Water Fund (7115.62415), Sewer Fund (7400.62415) and General Fund (2670.62415) with a total budget of $110,000 for the remainder of FY2012. For Action (A4) Approval of Change Order #3 for the Service Center Parking Deck Repair Project (Bid 12-65) Staff recommends that City Council authorize the City Manager to execute change order #3 with G.A. Johnson & Son for the Service Center Parking Deck Repair Project, which extends the substantial completion deadline from July 20, 2012 to September 10, 2012. For Action (A5) Resolution 26-R-12: Authorizing Access to the Local Government Debt Recovery Program Staff recommends adoption of Resolution 26-R-12 authorizing the City Manager to execute an Intergovernmental Agreement with the Illinois Office of the Comptroller for access to the Local Debt Recovery Program to recoup dollars owed to the City of Evanston. For Action (A6) Approval of Extension of Agreement for Collection Coordinator Position Staff recommends that City Council authorize the City Manager to execute an extension of the agreement with Accountemps for the Collection Coordinator position through December 31, 2012. Funding is provided by Administrative Services Account 1905.62185 with a FY 2012 budget of $50,000. For Action (A7) Ordinance 73-O-12 Amending Title 10, Section 9, Parking “Prohibited at Certain Times,” Regarding Prohibited Parking on Lake Street The Transportation/Parking Committee and staff recommend that the City Council approve Ordinance 73-O-12 amending portions of City Code Section 10- 11-9, Schedule IX, Parking “Prohibited Parking at Certain Times,” to add “At any time, daily except Saturday, Four o’clock (4:00) P.M. to eight o’clock (8:00) P.M. and Sunday”, Lake Street, South side, Maple Avenue to Oak Avenue. For Introduction 3 of 326 City Council Agenda July 23, 2012 Page 4 of 6 7/19/2012 9:16 AM (A8) Ordinance 75-O-12, Amending Title 3, Chapter 15 of the City Code, “Secondhand, Junk and Antique Dealers” Staff recommends consideration of Ordinance 75-O-12, which amends Title 3, Chapter 15 of the City Code to more thoroughly regulate Junk Dealers and Peddlers, including scrap metal scavengers. Suspension of the Rules is requested for Introduction and Action on July 23, 2012. For Introduction and Action (A9) Ordinance 77-O-12, Increasing the Number of Class C Liquor Licenses to Permit Issuance to Found Investment, LLC The Local Liquor Commissioner recommends adoption of Ordinance 77-O-12, which amends Subsection 3-5-6-(C) of the Evanston City Code of 1979, as amended, to increase the number of Class C liquor licenses from 30 to 31 to permit issuance to Found Investment, LLC d/b/a Found Restaurant, 1631 Chicago Avenue. This ordinance was introduced at the July 9, 2012 City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE The following two agenda items P1 and P2 relate to amending the Zoning Ordinance and the Zoning Map for property located at 2628 Crawford and 2635 Crawford Avenue in Evanston. (P1) Ordinance 69-O-12 Amending Portions of the Zoning Ordinance, “oCSC Central Street Corridor Overlay District” Evanston Plan Commission and staff recommend that the City Council approve Ordinance 69-O-12 that would amend the Zoning Ordinance to create Sub-area 6a of the Central Street Overlay District (oCSC) that would allow consideration of a drive-through as a special use along Gross Point Road. For Introduction (P2) Ordinance 70-O-12 Amending the Zoning Map to Re-Zone Certain Properties 2635 Crawford Avenue, Evanston Plan Commission and staff recommend approval of Ordinance 70-O-12 to rezone a vacant lot at 2635 Crawford Avenue from an R2 Single Family Residential Zone to a B1a Business District Zone. Adoption requires a favorable vote of three-fourths (3/4) of all the Aldermen elected to the City Council. For Introduction 4 of 326 City Council Agenda July 23, 2012 Page 5 of 6 7/19/2012 9:16 AM MAYOR’S COMPENSATION COMMITTEE (O1) Report of Mayor’s Compensation Committee It is recommended that City Council receive the report of the Mayor’s Compensation Committee. For Action ECONOMIC DEVELOPMENTCOMMITTEE (O2) Approval of Financial Assistance through the Façade Improvement Program for Studio SLK (1934 Maple Avenue) The Economic Development Committee and staff recommend approval of financial assistance for façade improvements for Studio SLK, located at 1934 Maple Avenue on a 50/50 cost-sharing basis not to exceed $1,318. Funding is provided by the Economic Development Fund’s Business District Improvement Fund Account (5300.65522). For Action (O3) Resolution 58-R-12 Authorizing the City Manager to Execute an Economic Development Grant Agreement with Now We’re Cookin’, Inc. The Economic Development Committee and staff recommend approval of Resolution 58-R-12 authorizing the City Manager to execute a Funding Agreement with Now We’re Cookin’, Inc. and approval of a $35,050 grant for the period August 1, 2012 through December 31, 2012. Staff recommends using funds from the Economic Development Fund’s Economic Development Partnership Contribution Account (5300.62659). For Action HOUSING AND COMMUNITY DEVELOPMENT ACT COMMITTEE (O4) Resolution 53-R-12 Amending the 2012 One Year Action Plan Recommended by the Housing & Community Development Act Committee The Housing & Community Development Act Committee recommends approval of Resolution 53-R-12, authorizing the City Manager to submit a substantial amendment to the City of Evanston Consolidated Plan 2012 Action Plan for the Community Development Block Grant Program. For Action 5 of 326 City Council Agenda July 23, 2012 Page 6 of 6 7/19/2012 9:16 AM APPOINTMENTS (APP1) For Appointment to: Board of Ethics Lara Trujillo Webb MEETINGS SCHEDULED THROUGH AUGUST 13, 2012 Upcoming Aldermanic Committee Meetings: Wednesday, July 25 6 pm Transportation/Parking Committee Wednesday, July 25 7:30 pm Economic Development Committee Thursday, July 26 7 pm Northwestern University – City Committee Monday, August 6 6 pm Special City Council Meeting Monday, August 6 7:30 pm Human Services Committee Meeting Monday, August 13 5:45 pm Administration & Public Works; Planning and Development: City Council 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. 6 of 326 For City Council meeting of July 23, 2012 2012 Evanston Preservation and Design Awards Presentation of Awards To: Honorable Mayor and Members of the City Council From: Steve Griffin, Director Community and Economic Development Dennis Marino, Manager Planning & Zoning Division Carlos D. Ruiz, Senior Planner/Preservation Coordinator, Planning & Zoning Division Subject: 2012 Evanston Preservation and Design Awards Program Date: July 12, 2012 The 2012 Preservation and Design Awards presentation will take place on Monday, July 23, 2012 at the City Council Meeting in Council Chambers. The program includes a PowerPoint presentation of the selected projects and the Mayor’s presentation of the Certificates to the award recipients. The year’s Jury was composed of three experienced individuals in the field of historic preservation: Kathryn Quinn, architect; Gwen Sommers Yant, preservation consultant; and Mary McWilliams, Associate member of the Evanston Preservation Commission, selected the 2012 Evanston Preservation & Design Awards recipients. On June 27, 2012 among fifteen nominations, the Jury selected twelve projects under a respective category as follows: Honorable Mention for Environmental Design 1) 1856 Orrington Avenue Project: New accessible ramp and patio Jury Comments: • Good design solution using the garden wall to hide the ramp • Complementary design to the Quadrangle Memorandum 7 of 326 Page 2 2012 Preservation & Design Awards July 12, 2012 2) 647 University Place, Rogers House Dormitory Project: New accessible ramp and porch at the existing main entrance on the north elevation Jury Comments: • The profile of the new retaining walls was kept low as not to obscure the original building • Materials and detailing harmonize with the existing materials as well Award for Environmental Design and Sensitive Alteration 3) 625-37 University Place Project: Two adjacent Northwestern University Sororities redesigned their exterior limestone terraces in order to provide an accessible route to both of their front entries. Jury Comments: • A creative solution incorporates sloping walks, extensive landscaping and pathway lighting, with minimal use of conventional accessible ramps and railings 4) 1 Northwestern Place Project: Realignment of access drive to improve emergency vehicle access and provide more green space. It includes modification of pedestrian walks, resurfacing of parking lot, parking lot and pedestrian lighting. Jury Comments: • The project efficiently reduced paved surfaces to replace it with walkways, green space and bicycle facilities. The extensive landscaping improvements enhance the aesthetics of the area 5) 2601 Orrington Avenue Project: The project created an accessible entrance to Northwestern University’s President’s House. As part of an overall renovation of the house, the front entry porch and front lawn were altered to make the first floor accessible, without the use of ramps or lifts. The project included raising and rebuilding the existing entry porch and raising the grade of most of the front lawn so that the ne front walks could slope up to the porch 8 of 326 Page 3 2012 Preservation & Design Awards July 12, 2012 Jury Comments: • It effectively uses creative solutions to provide accessibility to the house • A good example of how institutional buildings can be integrated into a residential historic neighborhood. Award for Sensitive Adaptive Reuse 6) 2121 Sheridan Road, Loder Hall Project: Complete renovation and alterations to provide single rooms with private baths. New mixed used spaces were included into lower level. Exterior work included new insulation, windows, and roofs, including a vegetative roof Jury Comments: • Imaginative sustainable design solution • Sensitive rehabilitation of the exterior Award for Proper Rehabilitation/Restoration 7) 2603 Sheridan Road (Originally the H. L. Clarke House – Coach House) Project: Exterior rehabilitation and restoration of the existing Evanston Art Center Coach House Jury Comments: • The Jury commends the City of Evanston for its public commitment to the restoration and rehabilitation of this important publically owned structure. • High quality of restoration execution Honorable Mention for Proper Rehabilitation/Restoration 8) 2231 Asbury Avenue Project: Removed fiber glass awning at rear entry and constructed roof with columns over rear entry door. Recreated eight wood windows on attic level with new wood windows to match style Jury Comments: • Sensitive solution to provide a sheltered entry on a highly visible site 9 of 326 Page 4 2012 Preservation & Design Awards July 12, 2012 Award for Sensitive Addition 9) 1120 Elmwood Avenue Project: Construction of a two-story (plus attic and basement) addition. Jury Comments: • A sensitive and well executed addition • Appropriate proportions in the overall design 10) 419 Greenwood Street Project: One story and partial second story addition at rear of house Jury Comments: • A sensitive addition that complements the original house • Proportions, scale and details are well balanced Award for Appropriate New Construction 11) 1216 Judson Avenue Project: Construction of a new two car frame garage Jury Comments: • A well designed accessory structure with the use of appropriate exterior building materials 12) 1220 Judson Avenue Project: Construction of a new three car frame garage Jury Comments: • A beautiful garage that speaks to it’s own time • Sensitive to the architecture of the original house 10 of 326 COUNCIL MINUTES JULY 9, 2012 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, July 9, 2012 Roll Call: Alderman Grover Alderman Brathwaite Alderman Rainey Alderman Wynne Alderman Burrus Alderman Wilson Alderman Fiske Alderman Holmes Absent: Alderman Tendam Presiding: Mayor Elizabeth B. Tisdahl Mayor Tisdahl called the Regular Meeting of the City Council to order at 8:11 pm after a quorum was established. Mayor Public Announcements and Proclamations Mayor Tisdahl announced this is Parks and Recreation Month, July 2012. She also congratulated Jonathan Webb City Manager Public Announcements Mr. Bobkiewicz stated the announcement for the FY 2012 Distinguished Budget Award from Government Finance Officers Association would be presented at a later date. He announced the recycling day for the City and residents is this Saturday, July 14th from 9 am until noon at the Evanston Township High School. Ms. Suzette Robinson stated the entrance to the recycling fair would be from the Lake Street and Dodge Ave. side of the building. For complete acceptable items please check on the City’s website. Communications: City Clerk City Clerk stated he had no communications. Mayor Tisdahl then read a statement concerning rulings of the Ethics Committee before calling the first speaker forward. 11 of 326 City Council Agenda July 9, 2012 Page 2 of 7 7/18/2012 9:46 AM 2 Citizen Comment Agenda Items: The following persons spoke on item P4 (bed and breakfast): Mitchell Harrison, 1519 Judson he stated only one should be permitted and at least 750 feet of separation. He was also concerned with the traffic and noise that will be generated. Lynn Simon, 404 Church stated if there will be more than one it will destroy the character of the neighborhood. She too is concerned about the noise and traffic. Linda Cooper, 420 Church stated David Reynolds, 204 Davis read his statement will not benefit the neighborhood. Elaine Purnell, 1324 Forest would like to keep Evanston as nice a beautiful as she remembers it. Robert Eagly, 324 Davis spoke very softly of his desire to keep the Bed and Breakfast out of the neighborhood. Junad Rizki, 2286 Ridge Ave., stated the building on Oakton was for sell and it was another waste of taxpayer’s money. Citizen Comment Non-Agenda Items: Padma Rao, 2246 Sherman Ave accused the Mayor of continued attacks on her and her mother, and refuses to hear anything they say she doesn’t want to hear by turning off the microphones. At the end Ms. Rao comments she stated twice “save the Kendall trees”. BK Rao, 2246 Sherman Avenue accused the Council and Mayor for being afraid of what she has to say by exercising her right of free speech, and asked the question “why does the Mayor turn off her microphone when speaking on something that concerns her and not the Mayor. Bonnie Wilson, Township Assessor informed the taxpayers that the tax bills were incorrect, especially for the senior citizens. She asked all who have received their tax bills to call her office to set up an appointment to discuss their bills. Carolyn Dellutsi, Executive Director of Downtown Evanston announced and passed out a flyer of the two new activities for this year. They will be adding an art walk component as well as partnering with the Technology Innovation Group. Items not approved on Consent Agenda (A3.2)Approval of Contract Award to G.A. Johnson & Son for the Lorraine H. Morton Civic Center ADA East Entry Project (Bid 12-134) Staff recommends approval of the Lorraine H. Morton Civic Center (LHMCC) ADA East Entry Project to G.A. Johnson & Son (828 Foster Street, Evanston, IL) in the amount of $169,880. Funding will be provided by Capital Improvement Plan Project #415175 with a total budget of $530,000. For Action (A5)Approval of “Evanston Roadmap for the Arts” Funding Request and Co Sponsorship / Evanston Community Foundation Staff recommends the City Council authorize the City Manager to enter into an agreement with the Evanston Community Foundation to provide financial assistance and co-sponsorship of the “Evanston Roadmap for the Arts.” The agreement would provide for $15,000 in financial support in FY2012 and $10,000 in support in FY2013. Funding for FY2012 would come from City Manager Reserve account. For Action 12 of 326 City Council Agenda July 9, 2012 Page 3 of 7 7/18/2012 9:46 AM 3 (P4)Ordinance 38-O-12 Amending Various Portions of the City Code Relating to Bed & Breakfast Establishments The Plan Commission recommends approval of Ordinance 38-O-12 amending the Zoning Ordinance to modify the regulations concerning bed and breakfast establishments. During its meeting of May 14, 2012, the Planning and Development Committee requested that staff further research and clarify certain issues. This ordinance was held in Committee on April 23, 2012 and May 14, 2012. At the June 18, 2012 City Council meeting this ordinance was held for action until the July 9, 2012 meeting. For Action CONSENT AGENDA (M1)Approval of Minutes of the Regular City Council Meeting of June 25, 2012 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1)City of Evanston Payroll through 06/17/12 $2,634,247.73 (A2)City of Evanston Bills FY2012 through 07/10/12 $2,880,302.09 Credit Card Activity through $ 115,227.10 (A3.1)Approval of Purchase of Arbotect Fungicide from Rainbow Treecare Scientific Advancements Staff recommends approval of the sole source purchase of 103 gallons of Arbotect fungicide at $395.50 per gallon for a total purchase amount of $40,736.50 from Rainbow Treecare Scientific Advancements (Minnetonka, MN) Funding is provided by 2012 General Fund Account 3535.62496. For Action (A3.3)Approval of Contract Award for Church Street Improvement Project to Landmark Contractors, Inc. (Bid 12-136) Staff recommends that City Council authorize the City Manager to execute a contract for the Church Street Improvement Project with Landmark Contractors, Inc. (11916 W. Main Street, Huntley, IL) in the amount of $2,155,814.96. Funding will be provided by the Washington National TIF (Fund #300) in the amount of $1,408,873.51 and the Capital Improvement Plan (#415857) in the amount of $746,941.45. For Action (A3.4)Approval of Contract award for 2012 Alley Paving Program Project to ACURA Inc. (Bid 12-146) Staff recommends that City Council authorize the City Manager to execute a contract for the 2012 Alley Paving Project to ACURA Inc. (556 County Line Road, Bensenville, IL) in the amount of $592,812.50. Funding will be provided by the Special Assessment Fund (6365.65515) in the amount of $417,023 and CDBG Funds (Fund #215) in the amount of $175,789.50. For Action 13 of 326 City Council Agenda July 9, 2012 Page 4 of 7 7/18/2012 9:46 AM 4 (A3.5)Approval of Purchase of Four (4) Replacement Vehicles/Units for Various Departments Staff recommends City Council approval to purchase four (4) replacement vehicles/units for various departments in the amount of $419,855. The four units are: Ford Escape ($20,673); ambulance ($226,858); wood chipper ($51,499); and Zamboni ($120,825). Funding will be provided by the Equipment Replacement Fund (7780.65550) in the amount of $399,182 and from the Insurance Fund (7800.65550) in the amount of $20,673. For Action (A4)Approval of Change Order No. 3 for 5kV Motor Control Center Replacement at the Water Utility (Bid 12-59) Staff recommends that the City Council authorize the City Manager to execute Change Order No. 3, for a time extension of 61 calendar days, to the agreement with Broadway Electric, Inc. (831 Oakton Street, Elk Grove, IL), for the 5kV Motor Control Center Replacement at the Water Utility (Bid 12-59). Funding for this project is from the Water Fund, Account 733113.65515. For Action (A6)FY 2011 Audited Annual Financial Report Staff recommends that the FY2011 Audited Annual Financial Report be accepted and placed on file. For Action (A7)Ordinance 77-O-12, Increasing the Number of Class C Liquor Licenses to Permit Issuance to Found Investment, LLC The Local Liquor Commissioner recommends adoption of Ordinance 77-O-12, which amends Subsection 3-5-6-(C) of the Evanston City Code of 1979, as amended, to increase the number of Class C liquor licenses from 30 to 31 to permit issuance to Found Investment, LLC d/b/a Found Restaurant, 1631 Chicago Avenue. For Introduction (A8)Ordinance 63-O-12 Authorizing Negotiation to Sell City-Owned Property at 1131 Sherman Staff recommends adoption of Ordinance 63-O-12 authorizing the City Manager to negotiate the sale of a City-owned vacant lot located at 1131 Sherman Avenue, Evanston, Illinois 60202 to Mark Hammergren. This Ordinance was Introduced at the June 25, 2012 City Council meeting. For Action (A9)Ordinance 64-O-12; Authorizing the City Manager to Execute a Real Estate Contract for the Sale of 1131 Sherman Avenue Staff recommends adoption of Ordinance 64-O-12 directing the City Manager to execute a real estate contract for the sale of a City-owned vacant lot at 1131 Sherman Avenue, Evanston, Illinois 60202 to Mark Hammergren. This Ordinance was Introduced at the June 25, 2012 City Council meeting. For Action 14 of 326 City Council Agenda July 9, 2012 Page 5 of 7 7/18/2012 9:46 AM 5 (A10)Ordinance 67-O-12 Approval of 2012 General Obligation Bond Issue Staff recommends approval of proposed ordinance number 67-O-12 for the FY 2012 bond issuance totaling $16.22M. The ordinance will be completed and signed after the bond sale date, which is tentatively scheduled for July 10, 2012. This Ordinance was Introduced at the June 25, 2012 City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE (P1)Resolution 55-R-12 Designating the Portion of Elinor Place between Wesley Avenue and Ashland Avenue with the Honorary Street Name Sign, “Sharlene Garfield Way” The Citizens’ Advisory Committee on Public Place Names recommends approval of Resolution 55-R-12. Funding for the honorary street name sign program is budgeted in the Streets Materials Account 2670.65115. For Action (P2)Approval of Grant to Connections for the Homeless for the Homeless Management Information System (HMIS) The Housing Commission and staff recommend approval of the renewal for the Homeless Management Information System (HMIS) grant to Connections for the Homeless in the amount of $11,000. Funding will be provided by the Affordable Housing Fund (Account 5465.62770). For Action (P3)Resolution 46-R-12, Authorizing Acceptance of $100,000 Grant from the Regional Transportation Authority for Main Street Station Transit Oriented Development Plan and $25,000 Local Match from the Economic Development Fund City staff recommends the adoption of Resolution 46-R-12 that will enable the City to receive an approved $100,000 grant from the Regional Transportation Authority (RTA) for a transit oriented development plan at Main and Chicago. Staff recommends that the P&D Committee and City Council authorize the use of $25,000 in Economic Development Funds as the local match. For Action HUMAN SERVICES (H1)Approval of Township of Evanston June 2012 Payroll and Bills Township of Evanston Supervisor recommends that City Council approve the Township of Evanston bills, payroll, and medical payments for the month of May 2012 in the amount of $147,612.17. Funding is provided by the Township budget. For Action 15 of 326 City Council Agenda July 9, 2012 Page 6 of 7 7/18/2012 9:46 AM 6 RULES (O1)Ordinance 66-O-12 Amending the Evanston City Code Title 2, Chapter 14, Relating to the Utilities Commission The Rules Committee and staff recommend City Council approval of Ordinance 66-O- 12 amending the Evanston City Code, Title 2, Chapter 14, relating to the Utilities Commission. This ordinance was Introduced at the June 25, 2012 City Council meeting. For Action APPOINTMENTS (APP1)For Appointment to: Housing Commission Elida Graves Housing & Community Dev. Act Com. Jessica Vlahogiannis Library Board Tori Foreman Utilities Commission Jonathan Nieuwsma (APP2)For Reappointment to: Parks and Recreation Board William Logan Alderman Rainey motioned to have the Consent Agenda approved and it was seconded. With a Roll Call vote the result was 8-0 and the motion passed. Items for discussion (A3.2)Approval of Contract Award to G.A. Johnson & Son for the Lorraine H. Morton Civic Center ADA East Entry Project (Bid 12-134) Staff recommends approval of the Lorraine H. Morton Civic Center (LHMCC) ADA East Entry Project to G.A. Johnson & Son (828 Foster Street, Evanston, IL) in the amount of $169,880. Funding will be provided by Capital Improvement Plan Project #415175 with a total budget of $530,000. For Action Alderman Burrus motioned for approval and it was seconded. Alderman Rainey could not understand why the front of the building was chosen. Alderman Wilson wanted more information as to ADA requirements. The item was finally removed from the agenda to obtain further information on the decision for the front of the building. (A5)Approval of “Evanston Roadmap for the Arts” Funding Request and Co Sponsorship / Evanston Community Foundation Staff recommends the City Council authorize the City Manager to enter into an agreement with the Evanston Community Foundation to provide financial assistance and co-sponsorship of the “Evanston Roadmap for the Arts.” The agreement would provide for $15,000 in financial support in FY2012 and $10,000 in support in FY2013. Funding for FY2012 would come from City Manager Reserve account. For Action Alderman Burrus motioned for approval and it was seconded. The motion was approved after a Roll Call vote of 8-0 was the result. (P4)Ordinance 38-O-12 Amending Various Portions of the City Code Relating to 16 of 326 City Council Agenda July 9, 2012 Page 7 of 7 7/18/2012 9:46 AM 7 Bed & Breakfast Establishments The Plan Commission recommends approval of Ordinance 38-O-12 amending the Zoning Ordinance to modify the regulations concerning bed and breakfast establishments. During its meeting of May 14, 2012, the Planning and Development Committee requested that staff further research and clarify certain issues. This ordinance was held in Committee on April 23, 2012 and May 14, 2012. At the June 18, 2012 City Council meeting this ordinance was held for action until the July 9, 2012 meeting. For Action Alderman Holmes motioned for the approval of the item and it was seconded. Alderman Burrus then made a counter motion to postpone the item until the August 13th, 2012 Council Meeting. A Roll Call vote was 7-1 and the motion to postpone was approved (Alderman Fiske voted nay). Call of the Wards Ward 7, Alderman Grover had no report. Ward 8, Alderman Rainey congratulated all the volunteers for a successful 4th of July parade and celebration. Ward 9, Alderman Burrus also thanked the volunteers for the parade and Cheryl and Rob Uno who helped to organize the 9th ward contingency and Mayre Press and her family. July 18th a 9th ward meeting at Grace Lutheran Church beginning at 7 pm. Ward 1, Alderman Fiske had no report. Ward 2, Alderman Braithwaite announced his ward meeting at 7 pm with an update on the TIFF and Q&A concerning tax bills. The owners of Family Franks will be in attendance. Ward 3, Alderman Wynne had no report. Ward 4, Alderman Wilson thanked his youngest son for participating with him in the parade and the Y for the activities for the kids. He also thanked the Council for their support of honoring Sharlene Garfield. Ward 5, Alderman Holmes announced July 19th as the next 5th ward meeting. She invited all to come to Twiggs Park at 7 pm for a musical concert. A motion for adjournment was made and seconded, with a unanimous voice vote the meeting ended at 8:58 pm. Submitted by, Hon. Rodney Greene, City Clerk 17 of 326 Page 1 of 3 Rev. 7/18/2012 5:45:32 PM ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, July 23, 2012 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 July 9, 2012 III. MAYOR’S ACCEPTANCE OF EAGLE SCULPTURE DONATION FROM MARJORIE AND CHARLES BENTON (6:00 PM) IV. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 07/01/12 $2,781,931.55 (A2) City of Evanston Bills FY2012 through 07/24/12 $4,194,076.45 (A3.1) Approval of Maintenance Plan Agreement for Sherman Plaza in the Amount of $115,000 for One Year beginning August 23, 2012 The Parking/Transportation Committee and staff recommend approval to continue a maintenance agreement for Sherman Plaza that was established in 2006. The agreement covers the period of August 23, 2012 through August 22, 2013. Funding is provided by the Parking Fund Account 7036.62660 in the amount of $115,000. For Action (A3.2) Approval of Contract Award to L. Marshall, Inc. for the 2012 Roof Replacement Project at the Police-Fire Headquarters (Bid 12-145) Staff recommends approval of the 2012 Roof Replacement Project at the Police/Fire Headquarters to L. Marshall, Inc. (2100 Lehigh Avenue, Glenview, IL) in the amount of $384,000. Funding is provided by the Capital Improvement Plan Projects #415739 and #415227 with a total budget of $410,000. For Action 18 of 326 Page 2 of 3 Rev. 7/18/2012 5:45:32 PM (A3.3) Approval of Contract with KLF Trucking for 2012 Debris Hauling and Disposal (Bid 12-149) Staff recommends that City Council authorize the City Manager to execute a contract for debris hauling and disposal (Bid 12-149) with KLF Trucking (2300 W. 167th Street, Markham, IL) in the amount of $163,305. Funding is provided by the Water Fund (7115.62415), Sewer Fund (7400.62415) and General Fund (2670.62415) with a total budget of $110,000 for the remainder of FY2012. For Action (A4) Approval of Change Order #3 for the Service Center Parking Deck Repair Project (Bid 12-65) Staff recommends that City Council authorize the City Manager to execute change order #3 with G.A. Johnson & Son for the Service Center Parking Deck Repair Project, which extends the substantial completion deadline from July 20, 2012 to September 10, 2012. For Action (A5) Resolution 26-R-12: Authorizing Access to the Local Government Debt Recovery Program Staff recommends adoption of Resolution 26-R-12 authorizing the City Manager to execute an Intergovernmental Agreement with the Illinois Office of the Comptroller for access to the Local Debt Recovery Program to recoup dollars owed to the City of Evanston. For Action (A6) Approval of Extension of Agreement for Collection Coordinator Position Staff recommends that City Council authorize the City Manager to execute an extension of the agreement with Accountemps for the Collection Coordinator position through December 31, 2012. Funding is provided by Administrative Services Account 1905.62185 with a FY 2012 budget of $50,000. For Action (A7) Ordinance 73-O-12 Amending Title 10, Section 9, Parking “Prohibited at Certain Times,” Regarding Prohibited Parking on Lake Street The Transportation/Parking Committee and staff recommend that the City Council approve Ordinance 73-O-12 amending portions of City Code Section 10- 11-9, Schedule IX, Parking “Prohibited Parking at Certain Times,” to add “At any time, daily except Saturday, Four o’clock (4:00) P.M. to eight o’clock (8:00) P.M. and Sunday”, Lake Street, South side, Maple Avenue to Oak Avenue. For Introduction 19 of 326 Page 3 of 3 Rev. 7/18/2012 5:45:32 PM (A8) Ordinance 75-O-12, Amending Title 3, Chapter 15 of the City Code, “Secondhand, Junk and Antique Dealers” Staff recommends consideration of Ordinance 75-O-12, which amends Title 3, Chapter 15 of the City Code to more thoroughly regulate Junk Dealers and Peddlers, including scrap metal scavengers. Suspension of the Rules is requested for Introduction and Action on July 23, 2012. For Introduction and Action IV. ITEMS FOR DISCUSSION (APW1) Municipal Solid Waste Franchise Cost Assistance Program V. COMMUNICATIONS VI. ADJOURNMENT 20 of 326 Page 1 of 7 Administration and Public Works . MEETING MINUTES Administration & Public Works Monday, July 09, 2012 5:45P.M. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers Members Present: Ald. Braithwaite, Ald. Burrus, Ald. Grover, Ald. Holmes, Ald. Rainey Members Absent: Staff Present: Lara Biggs, Wally Bobkiewicz, Carl Caneva, Godwin Chen, Paul D’Agostino, Karen Danczak-Lyons, Hitesh Desai, Brandon Dieter, Grant Farrar, Sarah Flax, Doug Gaynor, Stephen Griffin, Jewell Jackson, Deputy Chief Jeffery Jamraz, Lonnie Jeschke, Chief Klaiber, Stefanie Levine, Marty Lyons, Jim Maiworm, Joe McRae, Sat Nagar, Johanna Nyden, Suzette Robinson Others Present: Alderman Wynne, 3rd Ward Judy Kemp, Evanston Community Foundation, Chair of “Evanston Roadmap for the Arts” Heidi Bloom, Co-Chair Evanston Arts Council Anne Berkely, Co-Chair Evanston Arts Council Jason Coyle, Partner, Baker Tilly Joseph Lightcap, Senior Manager, Baker Tilly David Campbell, President, Evanston Baseball Association, representing Evanston Sports Federation Presiding Member: Alderman Burrus ______________________________________________________________________ I. DECLARATION OF A QUORUM: ALDERMAN HOLMES, CHAIR With a quorum present, Chair Holmes called the meeting to order at 5:55 p.m. II. APPROVAL OF MINUTES OF REGULAR MEETING OF June 25, 2012 A voice vote was taken and the minutes of June 25, 2012 were unanimously approved. III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 06/17/12 $2,634,247.73 A voice vote was taken and the Payroll through 06/17/12 was unanimously approved. (A2) City of Evanston Bills FY2012 through 07/10/12 $2,880,302.09 Credit Card Activity through 05/31/12 $ 115,227.10 Ald. Braithwaite asked for an explanation of the $7,476.60 , Employing Training Harassment item from Human Resources. Marty Lyons (Assistant City 21 of 326 Page 2 of 7 Administration and Public Works Manager/CFO) explained that it is a City wide training module that eventually all staff will be required to take and pass. Everyone will need to go through this process at various levels. We are going to include the employees in the field. It is from over 100 topics that can be chosen to administer at $8.00 a head. Ald. Braithwaite asked if there would be reading materials to prepare with and M. Lyons replied that the module is in a seminar format with questions at the end of each section. Ald. Rainey asked in connection with the board-up invoice in Chicago, 24th District, if there was a policy on police action being performed in another district resulting in damage. Deputy Chief Jamraz said it was the Departments determination to secure the premises. Ald. Rainey reiterated that the question was if the City had a policy on this type of action. Deputy Chief Jamraz said that the City had the responsibility for the damages. I will work with Mr. Farrar on this question. In addition, Ald. Rainey noted that she had asked questions about the Township bills and now realizes that the $14,467.98 for Walgreen’s had already been paid. She also noted that the $50.00 payment to Bonnie Wilson for registration for the Fourth of July Parade was a non- allowable item. Since it has been paid, a refund must be asked for from the Township. Though it is a small amount, it is a bad idea to allow it to happen. Ald. Braithwaite asked about the $75.00 item on the Bills List for Targeted Enterprises, Inc. He asked if it was for one or more cuts. Stephen Griffin Director Community and Economic Development) replied that it was for one cut. Usually the price is $50.00 to $100.00. Ald. Rainey said that she just wanted to comment about small amounts on the Bills List. The more one reads the Bills List, the more you learn about what is being paid to run this City. A voice vote was taken and the Bills list through 07/10/12 and the Credit Card Activity through 05/31/12 were approved unanimously. (A3.1) Approval of Purchase of Arbotect Fungicide from Rainbow Treecare Scientific Advancements Staff recommends approval of the sole source purchase of 103 gallons of Arbotect fungicide at $395.50 per gallon for a total purchase amount of $40,736.50 from Rainbow Treecare Scientific Advancements (Minnetonka, MN) Funding is provided by 2012 General Fund Account 3535.62496. Ald. Rainey asked what the purchase of the fungicide was for. Ald. Burrus suggested it was for the Dutch elm disease. Paul D’Agostino (Parks/Forestry & Facilities Superintendent) said that this product would be injected into 241 elm trees this year. Thanks to the warm weather, a small dent has been put in the battle. Ald. Rainey asked if the injections are working, to which P. D’Agostino relied that they have been 98% successful. A voice vote was taken and A3.1 was unanimously approved. (A3.2) Approval of Contract Award to G.A. Johnson & Son for the Lorraine H. Morton Civic Center ADA East Entry Project (Bid 12-134) Staff recommends approval of the Lorraine H. Morton Civic Center (LHMCC) ADA East Entry Project to G.A. Johnson & Son (828 Foster Street, Evanston, IL) in the amount of $169,880. Funding will be provided by Capital Improvement Plan Project #415175 with a total budget of $530,000. Ald. Rainey asked for a further explanation. Who, she asked, would be using this entrance. Stefanie Levine (Assistant Superintendent of Parks/Forestry & Facilities Management/Capital Projects) stated the entrance would be on the first floor next to the Facilities Management office. Currently there is no way to enter 22 of 326 Page 3 of 7 Administration and Public Works the building in a wheelchair except through the two entrances on the west side of the building. Ald. Rainey replied it is a disgusting entryway on the west side nearest the parking lot. Often the doors are not working, it is dirty and needs painting. She said she did not understand these dollars for the front of the building when the City could enhance this door. Think of all the residents from the parking lot, PACE buses and other vehicles. Were residents asked about this. S. Levine said the residents were not asked. She continued, the City is obligated by ADA to have an entrance on the east side that is wheelchair accessible. The north entrance would be more complicated to design due to the foyer and second flight of stairs. The south entrance in front goes right to the elevators. Ald. Rainey said that she would like a count of users after all the work is done. A voice vote was taken and A3.2 was approved 4 -1. Ald. Rainey voted no. (A3.3) Approval of Contract Award for Church Street Improvement Project to Landmark Contractors, Inc. (Bid 12-136) Staff recommends that City Council authorize the City Manager to execute a contract for the Church Street Improvement Project with Landmark Contractors, Inc. (11916 W. Main Street, Huntley, IL) in the amount of $2,155,814.96. Funding will be provided by the Washington National TIF (Fund #300) in the amount of $1,408,873.51 and the Capital Improvement Plan (#415857) in the amount of $746,941.45. A voice vote was taken and A3.3 was unanimously approved. (A3.4) Approval of Contract award for 2012 Alley Paving Program Project to ACURA Inc. (Bid 12-146) Staff recommends that City Council authorize the City Manager to execute a contract for the 2012 Alley Paving Project to ACURA Inc. (556 County Line Road, Bensenville, IL) in the amount of $592,812.50. Funding will be provided by the Special Assessment Fund (6365.65515) in the amount of $417,023 and CDBG Funds (Fund #215) in the amount of $175,789.50. A voice vote was taken and A3.4 was unanimously approved. (A3.5) Approval of Purchase of Four (4) Replacement Vehicles/Units for Various Departments Staff recommends City Council approval to purchase four (4) replacement vehicles/units for various departments in the amount of $419,855. The four units are: Ford Escape ($20,673); ambulance ($226,858); wood chipper ($51,499); and Zamboni ($120,825). Funding will be provided by the Equipment Replacement Fund (7780.65550) in the amount of $399,182 and from the Insurance Fund (7800.65550) in the amount of $20,673. Ald. Grover asked if other companies make ice-resurfacing equipment. Doug Gaynor (Director Parks, Recreation & Community Services Department) said there are others but this company submitted the best bid. Ald. Rainey mentioning the $20,673.00 from the insurance fund and asked if it was a subrogated fund. And, she asked, what the accident was. M. Lyons said he did not think it was to be subrogated. He offered to get full details from Bob Gustafson in Human Resources for the Council. D. Gaynor said that the facility supervisor was t-boned and the car was totaled. Ald. Rainey asked why they did not subrogate the item and D. Gaynor said the Police report placed no blame on either party. Asked when it occurred he said three or four months ago. 23 of 326 Page 4 of 7 Administration and Public Works A voice vote was taken and A3.5 was unanimously approved. (A4) Approval of Change Order No. 3 for 5kV Motor Control Center Replacement at the Water Utility (Bid 12-59) Staff recommends that the City Council authorize the City Manager to execute Change Order No. 3, for a time extension of 61 calendar days, to the agreement with Broadway Electric, Inc. (831 Oakton Street, Elk Grove, IL), for the 5kV Motor Control Center Replacement at the Water Utility (Bid 12-59). Funding for this project is from the Water Fund, Account 733113.65515. A voice vote was taken and A4 was unanimously approved. (A5) Approval of “Evanston Roadmap for the Arts” Funding Request and Co- Sponsorship / Evanston Community Foundation Staff recommends the City Council authorize the City Manager to enter into an agreement with the Evanston Community Foundation to provide financial assistance and co-sponsorship of the “Evanston Roadmap for the Arts.” The agreement would provide for $15,000 in financial support in FY2012 and $10,000 in support in FY2013. Funding for FY2012 would come from City Manager Reserve account. Judy Kemp, Evanston Community Foundation, Chair of “Evanston Roadmap for the Arts,” spoke to the goals of this collaborative group made up of the Evanston Community Foundation, the Evanston Arts Council and the City. In addition, a consultant, Amina Dickerson, was hired. During the summer, they will be preparing for a series of meetings in the fall with the people of the community. They will set benchmarks, conduct research and find out what other communities are doing in this area. The consultant will be finding out about space availability. A focus group questionnaire will be created. This committee will meet with those who have an interest in the arts; arts groups and residents who have professed an interest in and have been supportive of the arts. It will be a broad scope of people. In the fall, five focus group sessions will be held. Each will have a specific questionnaire developed from the summer research. Once these are completed, the committee will see what this community thinks of the arts. A presentation will then be prepared for two separate meetings. Then, the committee will make their findings public. Ald. Rainey asked if the consultant was the same as the one hired to study the Sherman Avenue Varsity Theater. J. Kemp said she was not. That study was also of a different nature. This committee is looking at the broader picture not just the downtown area. We will be looking at the community at large, north to south and east to west, within all the borders of Evanston’s nine miles, and everything in between. A voice vote was taken and A5 was unanimously approved. (A6) FY 2011 Audited Annual Financial Report Staff recommends that the FY2011 Audited Annual Financial Report be accepted and placed on file. Ald. Rainey conveyed that M. Lyons had assured her there were no surprises in the audit. M. Lyons introduced the auditors present saying they were here to answer questions. Jason Coyle, Partner at Baker Tilly, said he was glad to be here tonight. He introduced Joe Lightcap, a Senior Auditor. The big change was doing a ten-month audit since the City had changed its fiscal year. There are relatively few recommendations he continued in this area. Staff prepared the 24 of 326 Page 5 of 7 Administration and Public Works financial report rather then Baker Tilly saving a lot of time. They are to be commended. We do come in and make recommendations. However, they do not impact cash but are recommendations on presentation. M. Lyons thanked Jason Coyle and his team and thanked Hitesh Desai (City Accounting Manager) and the Accounting staff. This audit was provided to Moody’s and Fitch resulting in a reaffirmation of the City’s Aaa rating. A voice vote was taken and A6 was unanimously approved. (A7) Ordinance 77-O-12, Increasing the Number of Class C Liquor Licenses to Permit Issuance to Found Investment, LLC The Local Liquor Commissioner recommends adoption of Ordinance 77-O- 12, which amends Subsection 3-5-6-(C) of the Evanston City Code of 1979, as amended, to increase the number of Class C liquor licenses from 30 to 31 to permit issuance to Found Investment, LLC d/b/a Found Restaurant, 1631 Chicago Avenue. Ald. Rainey expressed that this was a very exciting restaurant. It is in the space vacated by Geo. This town she concluded is “moving.” A voice vote was taken and A7 was unanimously approved. IV. ITEMS FOR DISCUSSION (APW1) Recycling Center Lease Agreement with Evanston Sports Federation Wally Bobkiewicz (City Manger) pointed out that this discussion item is an update for the City Council members authorizing him to negotiate a lease with the Evanston Sports Federation for use of the recycling center. Ald. Rainey said it looked like the only thing resolved is they are willing to accept a 25-year lease at $1.00 per year. W. Bobkiewicz said that it also shows the City would need to find a new storage location. It would be expensive. The thought was to build a storage area on the premises. There are egress and ingress questions to be resolved. The Council he realizes wants this facility available to the public. Tonight is to get feedback. Ald. Rainey mentioned that the Recycling Center is in her ward. That the City would give away a building at $1.00 a year for 25 years is an outrage she said. I will never support it, I will do everything to defeat it. The give-aways on Howard are all to be repaid and will provide taxes. It should be on the tax rolls with a lease to purchase and as a for-profit organization. This suggestion will provide nothing. This should have gone out in proposals. Ald. Holmes mentioned that the memo talked about the main points and the remaining points are to be worked out. Have the main points been worked out. W. Bobkiewicz said they are the deal points that the Council asked him to deal with. There are still questions on storage, maintenance responsibility, on site parking and main entrance issues. Ald. Holmes agreed with Ald. Rainey saying she could not agree to a $1.00 lease per year. She believed the City needs to continue to look at the issue of Robert Crown that could become a state-of-the- art facility. Ald. Braithwaite asked if a budget estimate had been made for the build-out. David Campbell, representing the Evanston Sports Federation, said that they had been working with an architect for work in the 500 to 700 thousand range for this work. Normally he pointed out, the landlord would handle the build- out. Ald. Braithwaite asked if there were plans in place to cover maintenance costs. D. Campbell said some of them would be covered by them and some by the City such as a new roof. He continued, the 25 years is not a number he has seen. He has seen the possibility of a seven to ten year lease. If the City should 25 of 326 Page 6 of 7 Administration and Public Works get a better offer and would want to negotiate a termination of the lease they could. Ald. Rainey said that she wanted a ruling on Ald. Grover’s participation since her husband is involved in this item. There is a ruling on the books that a Council member cannot vote on an issue where a spouse in involved or on a not- for profit Board. Ald. Burrus thought it would not prohibit Ald. Grover from asking questions. D. Campbell stated that Ald. Grover’s husband is no longer associated with the Evanston Baseball Association. Ald. Rainey agreed but pointed out he is involved in this project. Grant Farrar (Corporation Council/City Attorney) stated when asked, that it is premature of him to give advice at this point. He recommended that a referral be made to the Ethics Board to consider the issue. Ald. Rainey said she read what she had been given She saw nothing about a new roof or the City buying the building back with improvements made by the lessee. Ald. Burrus conveyed that Mr. Bobkiewicz was given direction to find advantageous uses for this property. The dollars are very alarming. The City will add to their costs to fix the roof, share in the maintenance, and yet we are in a budget shortfall year. How can it be justified to the community at this fiscal time. If we want to do something, why not issue an RFP as we have for other buildings. D. Campbell told the committee that from day one, they had said this would be an additional cost to the City. We also said we would cover storage. Ald. Burrus asked about revenue sharing. What about a percent of your revenue coming back to the City rather than a fixed rent amount. These terms are shocking. D. Campbell thought this center would not hurt Evanston. The Federation would be bringing one million in capital to Evanston to open this facility. Ald. Burrus pointed out that it would be a cost to the City. Ald. Rainey expressed her feeling that this was not the time for a discussion. We need to know more. We need to go someplace and figure this out. Ald. Grover suggested reviewing the Federations financials. Ald. Rainey asked why it was decided to make this a non-profit agency and take the building off the tax rolls. D. Campbell communicated that they felt as a for profit organization they could not serve all of the community. Ald. Burrus said that the City cannot afford to spend so much money with nothing coming in. This will be a hard sell to the community. W. Bobkiewicz reminded then that at the September 19, 2011 Council meeting he was told this was the route they wanted to go. Ald. Holmes and Ald. Rainey reminded all that they had voted no. Ald. Burrus also reminded them that it was not noted at the time the City would need to replace the roof. W. Bobkiewicz mentioned there were three ideas for a return on the investment. One, indoor sports facility, two, a commercial/retail group or three, a replacement for the salt dome. I understood from the September meeting that we should move ahead on this idea he concluded. Ald. Holmes said she still could not support this. A good project, but not at this time or in this location. W. Bobkiewicz said he had one additional question for the committee regarding the return on the investment. I believed the committee thought the return of benefits to the community was preferable to financial benefits. The salt dome was cost avoidance, the indoor sports facility you have seen and the retail idea would be revenue generating. So, is the expectation that this project as a sports center would be equal to a retail operation. I do not know how that could be possible. I am trying to get a sense of what is wanted. Do we want to cover our direct costs or is it costs plus a market rate rent. That was not clear back in September. Any additional insight from the Council is appreciated. Ald. Rainey suggested that this would need to be continued later. 26 of 326 Page 7 of 7 Administration and Public Works (APW2) Rodent Control Report Carl Caneva (Division Manager, Health Department) asked if there were any questions. Ald. Grover asked what the additional cost would be for abatement for these larger buildings. C. Caneva said the cost would be from 300 to 500 dollars per multi-family building. Some have pest control while others have no service in place. Ald. Holmes asked if town-homes are considered multi-family residences and C. Caneva replied that they are. Ald. Wynne from the 3rd ward expressed some concerns she has. She told the committee that she did not expect the City to finance this service at a retail building. But, she does have a rat problem in her ward. They are in the rocks along the lake all summer. When winter comes, they head for a warmer climate and that is the houses two and three blocks west of the lake. They do not always return to the lakeside when summer comes. In addition, if one condo cleans up its problem, the rats merely move to the next one and then they move again. Single-family homes are eligible for abatement services. I believe she said, that condos should have the same service as single-family homes. This recommendation is mainly to educate the residents. It is to address families so they can learn more about the problem. Ald. Wynne said she agrees with the education needs. Ald. Rainey asked if C. Caneva was saying that if a place had a rat problem his department would work with the residents and then they would hire a contractor. He replied yes. V. COMMUNICATIONS VI. ADJOURNMENT Ald. Grover moved and Ald. Rainey seconded that the meeting be adjourned. Chair Burrus adjourned the meeting at 7:00 p.m. Respectfully Submitted, Phillip Baugher Administrative Assistant, Administrative Services 27 of 326 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Marty Lyons, Assistant City Manager/Chief Financial Officer Richard Perry, Accounts Payable Coordinator Subject: City of Evanston Payroll and Bills Date: July 19, 2012 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. Summary: Payroll – June 18, 2012 through July 1, 2012 $2,781,931.55 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – July 24, 2012 $4,194,076.45 General Fund Amount – Bills list $384,556.61 General Fund Amount – Supplemental list $ 255.05 General Fund Total: $384,811.66 Attachments: Bills Lists For City Council meeting of July 23, 2012 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 28 of 326 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/24/12PERIOD ENDING 00100 GENERAL ACCOUNT 100 GENERAL FUND ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 100.22760 HALSTEAD, RICHARD RETURN SECURITY DEPOSIT STUDIO 873.16 100.22760 COOK COUNTY TREASURER PROPERTY TAXES 2012 CENTRAL ST 6,185.45 7,058.61 1300 CITY COUNCIL 1300.62210 H & H CHICAGO POST CARDS 2ND WARD MEETING 425.00 1300.62210 H & H CHICAGO POST CARDS 9TH WARD MEETING 425.00 1300.62360 METROPOLITAN MAYORS CAUCUS MEMBERSHIP 2,607.01 1300.62295 NORTHWEST MUNICIPAL CONFERENCE NWMC ANNUAL BANQUET 75.00 1300.62285 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 52.49 3,584.50 1400 CITY CLERK 1400.62295 MUNICIPAL CLERKS OF ILLINOIS *M.C.I. DINNER/SEMINAR 105.00 105.00 1505 CITY MANAGER 1505.62295 BLUESTONE RESTAURANT SENIOR MANAGERS TEAM MEETING 820.00 1505.62295 BOBKIEWICZ, WALTER ADMIN ADJUDICATION LUNCH 110.92 1505.62295 BOBKIEWICZ, WALTER ILCMA CONFERENCE 105.47 1,036.39 1705 LEGAL ADMINISTRATION 1705.62345 PIONEER PRESS NOTICE OF PUBLICATION 44.00 1705.52570 PEDERSON, ANNA COMPLIANCE TICKET REFUND 50.00 1705.62509 DACRA COMPUTER SERVICE CODE DATABASE REVISIONS 2,687.50 2,781.50 1905 ADM.SERVICES- GENERAL SUPPORT 1905.62185 ACCOUNTEMPS COLLECTION COORDINATOR 1,125.30 1905.62185 ACCOUNTEMPS COLLECTION COORDINATOR 1,125.00 1905.62185 ACCOUNTEMPS COLLECTION COORDINATOR 1,125.00 3,375.30 1910 FINANCE DIVISION - REVENUE 1910.51600 CATHERINE SACCANY LOT 35 REFUND 6.00 1910.64541 AZAVAR TECHNOLOGIES CONTINGENCY PAYMENTS 939.12 1910.52505 POWELL, JACQUELINE REFUND DUP PAYMENT-TICKET 10.00 1910.62449 DUNCAN PARKING TECHNOLOGIES, I PARKING CITATIONS 28,155.47 1910.62205 CHICAGO TRIBUNE TRIB LOCAL 1/2 PAGE AD 678.00 1910.62315 UNITED PARCEL SERVICE METER REFILL 450.00 30,238.59 1920 FINANCE DIVISION - ACCOUNTING 1920.62280 FEDERAL EXPRESS CORP.SHIPPING 55.53 1920.62280 FEDERAL EXPRESS CORP.SHIPPING 22.61 1920.62295 DESAI, HITESH D GFOA CONVERENCE 145.81 1920.62110 BAKER TILLY VIRCHOW KRAUSE, LL FINANCIAL STATEMENT AUDIT-2011 12,760.00 1920.62280 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 42.31 1920.62205 PIONEER PRESS ADVERTISEMENT ANNUAL TREASURER 2,573.60 15,579.86 *Advanced Payment 129 of 326 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/24/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 1925 FINANCE DIVISION - PURCHASING 1925.65095 OFFICE DEPOT OFFICE SUPPLIES PURCHASING 5.99 1925.62205 PIONEER PRESS PREVAILING WAGE AD NOTICE 22.40 1925.65095 OFFICE DEPOT OFFICE SUPPLIES PURCHASING 52.00 80.39 1929 HUMAN RESOURCE DIVISION 1929.62512 VOORHEES ASSOCIATES EXECUTIVE RECRUITMENT 3,667.00 1929.62274 TRANS UNION CORP MONTHLY INVOICE 45.00 1929.62509 EVERGREEN SOLUTIONS LLC COMPENSATION STUDY 7,000.00 10,712.00 1932 INFORMATION TECHNOLOGY DIVI. 1932.62380 US BANK COPIER LEASE AGREEMENT 1,641.52 1932.65555 DELL COMPUTER CORP.DELL OPTIPLEX 990 979.11 1932.65555 DELL COMPUTER CORP.DELL OPTIPLEX 990 1,159.77 1932.62380 CHICAGO OFFICE TECHNOLOGY GROU BALANCE APRIL LEASE AGREEMENT 1,000.00 1932.65615 ILLINOIS DEPARTMENT OF CENTRAL COMMUNICATION CHARGES 1,925.00 1932.62340 ORACLE AMERICA, INC.ANNUAL CONTRACT RENEWALS 121.67 1932.64505 AT & T 8100 COMMUNICATION CHARGES 43.45 1932.65615 COMCAST CABLE COMMUNICATION CHARGES 151.33 1932.62380 CHICAGO OFFICE TECHNOLOGY GROU COPIER MAINT. AGREEMENT 3,005.92 1932.62275 FEDERAL EXPRESS CORP.SHIPPING 37.05 1932.65095 CHICAGO OFFICE TECHNOLOGY GROU STAPLES 318.00 1932.62340 ORACLE AMERICA, INC.ANNUAL CONTRACT RENEWALS 1,380.72 1932.64540 VERIZON WIRELESS (25505)WIRELESS SERVICE 1,338.95 1932.62175 IRON MOUNTAIN OSDP SERVICE AGREEMENT 529.33 1932.62250 SMS SYSTEMS MAINTENANCE SERVIC COMPUTER HARDWARD MAINT.1,157.00 14,788.82 1941 PARKING ENFORCEMENT & TICKETS 1941.64540 NEXTEL WIRELESS SERVICE 701.34 1941.62451 BARNES, JONATHAN TOW REFUND 185.00 886.34 2101 COMMUNITY DEVELOPMENT ADMIN 2101.64540 NEXTEL WIRELESS SERVICE 60.92 60.92 2105 PLANNING & ZONING 2105.62205 PIONEER PRESS ZONING AD 32.00 2105.62205 PIONEER PRESS ZONING AD 25.60 2105.62205 PIONEER PRESS ZONING AD 24.80 82.40 2115 HOUSING CODE COMPLIANCE 2115.62190 TECHNOLOGY AGAINST GRAFFITI GRAFFITI REMOVALS 586.00 2115.62190 CLEAN CITY INNOVATIONS, LLC GRAFFITI REMOVER 251.50 2115.64540 NEXTEL WIRELESS SERVICE 320.98 1,158.48 *Advanced Payment 230 of 326 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/24/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2120 HOUSING REHABILITATION 2120.64540 NEXTEL WIRELESS SERVICE 108.87 108.87 2126 BUILDING INSPECTION SERVICES 2126.64540 NEXTEL WIRELESS SERVICE 108.30 108.30 2205 POLICE ADMINISTRATION 2205.62210 H & H CHICAGO GENERAL INFO HANDBOOKS 979.50 2205.65125 EVANSTON FUNERAL & CREMATION REMOVALS-JUNE 590.00 2205.62210 H & H CHICAGO GENERAL INFO HANDBOOKS-42 968.22 2205.62360 EDDINGTON, RICHARD NORTH SUBURBAN POLICE CHIEFS 50.00 2205.64005 COMED MONTHLY CHARGES 110.27 2,697.99 2210 PATROL OPERATIONS 2210.65015 O'HERRON CO INC. OF CHEMICALS 400.02 2210.65020 J. G. UNIFORMS, INC BODY ARMOR~2 747.00 2210.65020 J. G. UNIFORMS, INC BODY ARMOR~2 (SZ 58)928.75 2,075.77 2215 CRIMINAL INVESTIGATION 2215.65095 OFFICE DEPOT FY2012 OFFICE SUPPLIES 22.80 22.80 2240 POLICE RECORDS 2240.65095 ILLINOIS PAPER COMPANY COPIER PAPER 1,344.00 1,344.00 2245 COMMUNICATIONS 2245.64540 NEXTEL WIRELESS SERVICE 1,930.21 1,930.21 2250 SERVICE DESK 2250.65040 LEMOI HARDWARE GLOVES 5.98 2250.65040 LEMOI HARDWARE SQUEEGEE ADAPTER 3.17 2250.65040 LEMOI HARDWARE SUPPLIES 14.52 2250.65040 LAPORT INC JANITORIAL SUPPLIES 958.66 2250.65040 LEMOI HARDWARE ROLLERS 18.16 2250.62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTION 176.00 2250.65040 LEMOI HARDWARE NUTS & BOLTS 32.51 2250.65040 LEMOI HARDWARE JANITORIAL SUPPLIES 6.17 2250.65040 LEMOI HARDWARE CAULK GUN/TUBE 15.89 1,231.06 2251 311 CENTER 2251.64505 AT & T MOBILITY WIRELESS SERVICE 37.79 37.79 2255 OFFICE-PROFESSIONAL STANDARDS 2255.61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 315.50 2255.61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 289.80 605.30 2260 OFFICE OF ADMINISTRATION *Advanced Payment 331 of 326 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/24/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2260.62295 VAN DERMEIR, MARK S MEALS TRUCK WEIGHT ENFORCEMENT 60.00 2260.62295 TRICHE, MICHAEL E MEALS TRUCK WEIGHT ENFORCEMENT 60.00 2260.62295 NORTHWESTERN UNIVERSITY TRAINING STAFF & COMMAND 99.00 2260.62295 GONZALES, VICTOR B MEALS TRUCK WEIGHT ENFORCEMENT 60.00 279.00 2270 TRAFFIC BUREAU 2270.65085 ILLINOIS DEPARTMENT OF AGRICUL TRUCK SCALE CALIBRATION 200.00 2270.65085 WALZ SCALE COMPANY WHEEL LOAD WEIGHERS TEST 380.00 2270.65125 O'BRIEN, ART TOW REFUND 145.00 2270.65085 ILLINOIS DEPARTMENT OF AGRICUL TRUCK SCALE CALIBRATION 200.00 2270.65085 MUNICIPAL ELECTRONICS INC RADAR GUN REPAIR 193.88 1,118.88 2280 ANIMAL CONTROL 2280.62225 ABLE DISTRIBUTORS ANIMAL CONTROL A/C PARTS 225.22 2280.65025 PETSMART CAT LITTER 41.93 2280.65025 PETSMART CAT LITTER 67.41 2280.65025 PETSMART CAT LITTER 112.35 2280.62225 ANDERSON PEST CONTROL PEST CONTROL 50.25 2280.65025 HILLS PET NUTRITION PET FOOD FY2012 389.32 886.48 2305 FIRE MGT & SUPPORT 2305.65020 UNIFORMITY, INC.UNIFORMS 79.90 2305.65020 UNIFORMITY, INC.UNIFORMS 376.20 2305.64015 NICOR 0632 MONTHLY CHARGES 52.27 2305.65095 OFFICE DEPOT OFFICE SUPPLIES 265.67 2305.65095 OFFICE DEPOT OFFICE SUPPLIES 26.12 2305.62315 FEDERAL EXPRESS CORP.SHIPPING 88.62 2305.65070 APPLIANCE SERVICE CENTER APPLIANCE MAINTENANCE 269.74 2305.64540 NEXTEL WIRELESS SERVICE 433.42 1,591.94 2315 FIRE SUPPRESSION 2315.62521 PHYSIO-CONTROL, INC.2 YEAR SERVICE AGREEMENT 1,530.00 2315.62295 UNIVERSITY OF IL (506 S WRIGHT FIREFIGHTING TRAINING 150.00 2315.65085 LEMOI HARDWARE REPAIR PARTS 4.98 2315.65040 LAPORT INC JANITORIAL SUPPLIES 265.88 2315.65040 LAPORT INC JANITORIAL SUPPLIES 43.94 2315.65040 LAPORT INC JANITORIAL SUPPLIES 133.55 2315.65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 663.12 2315.65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 318.48 2315.62295 PERSONAL NUTRITION DESIGNS LLC DEPARTMENTAL TRAINING 1,250.00 2315.62295 NORTHEASTERN ILLINOIS PUBLIC S TRAINING 105.00 2315.62295 NORTHEASTERN ILLINOIS PUBLIC S FIREFIGHTING TRAINING 300.00 4,764.95 2425 DENTAL SERVICES 2425.62521 EHLKE LONIGRO ARCHITECTS, LTD. PROVIDE CONSULTING SERVICES 822.00 2425.62521 PATTERSON DENTAL SUPPLY, INC. DENTAL SUPPLIES 217.00 2425.65075 DENTAL CITY DENTAL SUPPLIES 31.49 2425.65075 DENTAL CITY DENTAL SUPPLIES 744.88 *Advanced Payment 432 of 326 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/24/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 1,815.37 2435 FOOD AND ENVIRONMENTAL HEALTH 2435.62472 IDEXX DISTRIBUTION, INC.BEACH WATER GRANT 1,198.91 2435.65075 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 27.00 2435.62477 VERIZON WIRELESS (25505)WIRELESS SERVICE 115.76 2435.65095 OFFICE DEPOT OFFICE SUPPLIES 117.32 2435.65620 AMBIANCE NORTH SHORE WINDOW FA ALUM. BLINDS 526.00 2435.62474 DELL COMPUTER CORP.DELL VOSTRO 3550 677.97 2435.64540 NEXTEL WIRELESS SERVICE 161.74 2435.62477 NEXTEL WIRELESS SERVICE 51.91 2,876.61 2440 VITAL RECORDS 2440.53220 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES-JUNE 2012 696.00 2440.53220 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES-MAY 2012 1,050.00 1,746.00 2455 COMM.HEALTH PROG.ADMINSTRATION 2455.64540 NEXTEL WIRELESS SERVICE 51.91 2455.62468 EVANSTON ROUND TABLE LLC AD-QUIT SMOKING 367.00 418.91 2460 COMMUNITY PURCHASED SERVICES 2460.67140 NORTH SHORE SENIOR CENTER SERV. AGREEMENT-3RD QRT.7,625.00 2460.67065 HOUSING OPTIONS SERV. AGREEMENT-3RD QRT.6,450.00 2460.67030 FAMILY FOCUS/EVANSTON SERV. AGREEMENT-3RD QRT.6,068.00 2460.67145 METROPOLITAN FAMILY SERVICES SERV. AGREEMENT-3RD QRT.14,096.50 2460.67050 JAMES B. MORAN CENTER FOR YOUT SERV. AGREEMENT-3RD QRT.5,878.00 2460.67125 INFANT WELFARE SOCIETY OF EVAN SERV. AGREEMENT-1ST QRT.20,500.00 2460.67010 CONNECTIONS FOR THE HOMELESS SERV. AGREEMENT-3RD QRT.4,286.75 2460.67010 CHILDCARE NETWORK SERV. AGREEMENT-3RD QRT.25,875.00 2460.67070 SHORE COMMUNITY SERVICES SERV. AGREEMENT-3RD QRT.6,391.25 2460.67125 INFANT WELFARE SOCIETY OF EVAN SERV. AGREEMENT-3RD QRT.17,000.00 2460.67045 YOU, INC.SERV. AGREEMENT-3RD QRT.21,250.00 135,420.50 2605 DIRECTOR OF PUBLIC WORKS 2605.62210 ALLEGRA PRINT & IMAGING RECYCLING FAIR POSTERS 190.00 2605.64540 NEXTEL WIRELESS SERVICE 57.57 247.57 2610 MUNICIPAL SERVICE CENTER 2610.62518 FOX VALLEY FIRE & SAFETY FIRE ALARM SYSTEM SERV.777.00 2610.62446 AMBIANCE NORTH SHORE WINDOW FA ALUM. BLINDS 407.00 2610.65040 LAPORT INC FY2012 SERVICE CENTER 723.90 2610.65020 SILK SCREEN EXPRESS, INC.FY2012 AFSCME WORK T-SHIRT 512.50 2610.65040 LAPORT INC FY2012 SERVICE CENTER 178.00 2610.65020 SILK SCREEN EXPRESS, INC.FY2012 AFSCME WORK T-SHIRT 141.00 2610.62225 SMITHEREEN PEST MANAGEMENT SER RODENT CONTROL 93.00 2,832.40 2625 ENGINEERING 2625.65095 OFFICE DEPOT FY2012 OFFICE SUPPLIES 68.19 *Advanced Payment 533 of 326 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/24/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2625.62280 FEDERAL EXPRESS CORP.SHIPPING 30.92 2625.62280 FEDERAL EXPRESS CORP.SHIPPING 37.70 136.81 2630 TRAFFIC ENGINEERING 2630.65095 OFFICE DEPOT FY2012 OFFICE SUPPLIES 28.69 28.69 2640 TRAF. SIG. & ST. LIGHT. MAINT 2640.62295 BOGACZ, JEFFREY P TRAFFIC CONTROLLER SCHOOL 96.39 2640.65070 UTILITY DYNAMICS CORPORATION STREET LIGHT INSTALL 1,183.00 1,279.39 2665 STREETS AND SANITATION ADMINIS 2665.65095 OFFICE DEPOT FY2012 OFFICE SUPPLIES 57.37 2665.62295 NORTHEASTERN ILLINOIS PUBLIC S TRAINING 50.00 2665.64540 NEXTEL WIRELESS SERVICE 2,794.92 2,902.29 2670 STREET AND ALLEY MAINTENANCE 2670.61630 HOUSTON, VIRGIL WORK BOOT REIMBURSEMENT 42.97 2670.65055 HEALY ASPHALT FY2012 HOT MIX ASPHALT 299.40 2670.65055 HEALY ASPHALT FY2012 HOT MIX ASPHALT 357.80 2670.62415 KLF TRUCKING DEBRIS HAULING 2,530.00 2670.65115 HIGHWAY TECHNOLOGIES INC TRAFFIC CONTROL SPECIAL EVENT 1,300.00 2670.65055 HEALY ASPHALT FY2012 HOT MIX ASPHALT 274.56 2670.65055 OZINGA CHICAGO RMC, INC.FY2012 CONCRETE PURCHASE 1,900.00 2670.65055 HEALY ASPHALT FY2012 HOT MIX ASPHALT 123.76 2670.65055 HEALY ASPHALT FY2012 HOT MIX ASPHALT 124.20 2670.62509 METRO TANK AND PUMP COMPANY COMPLIANCE TANK REPAIRS 18,555.00 25,507.69 2695 YARD WASTE COLLECTION 2695.65090 SILK SCREEN EXPRESS, INC.YELLOW SAFETY VESTS 182.00 182.00 3005 REC. MGMT. & GENERAL SUPPORT 3005.64540 NEXTEL WIRELESS SERVICE 57.57 57.57 3010 REC. BUS. & FISCAL MGMT 3010.62705 PLUG & PAY TECHNOLOGIES CREDIT SERVICE CHARGES 15.00 3010.65095 OFFICE DEPOT OFFICE SUPPLIES 9.40 3010.65095 OFFICE DEPOT OFFICE SUPPLIES 107.47 3010.65095 ILLINOIS PAPER COMPANY COPIER PAPER 999.00 1,130.87 3020 RECREATION GENERAL SUPPORT 3020.64540 NEXTEL WIRELESS SERVICE 57.57 57.57 3025 PARK UTILITIES 3025.64005 COMED MONTHLY CHARGES 120.32 3025.64005 COMED MONTHLY CHARGES 24.74 3025.64005 COMED MONTHLY CHARGES 90.09 *Advanced Payment 634 of 326 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/24/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3025.64005 COMED MONTHLY CHARGES 31.03 3025.64005 COMED MONTHLY CHARGES 319.03 3025.64005 COMED MONTHLY CHARGES 136.05 3025.64015 NICOR 0632 MONTHLY CHARGES 77.05 3025.64015 NICOR 0632 MONTHLY CHARGES 24.55 3025.64005 COMED MONTHLY CHARGES 42.49 3025.64005 COMED MONTHLY CHARGES 54.78 3025.64005 COMED MONTHLY CHARGES 1,136.65 2,056.78 3035 CHANDLER COMMUNITY CENTER 3035.62507 CLASSIC BOWL PEEWEE SPORTS CAMP FIELD TRIP 82.50 3035.62507 CLASSIC BOWL PEEWEE SPORTS CAMP FIELD TRIP 30.00 3035.62507 BICKER BROS, INC DBA NOVELTY G SPORTS CAMP FIELD TRIP 338.00 3035.62507 CLASSIC BOWL AQUA GOLF CAMP FIELD TRIP 52.50 3035.64540 NEXTEL WIRELESS SERVICE 27.21 3035.62505 SPORTS ENDEAVORS, INC VOLLEYBALL PROGRAM 1,893.00 3035.62505 SPORTS ENDEAVORS, INC VOLLEYBALL PROGRAM 2,205.00 3035.62505 SPORTS ENDEAVORS, INC VOLLEYBALL PROGRAM 2,430.00 3035.62505 SPORTS ENDEAVORS, INC VOLLEYBALL PROGRAM 3,504.75 3035.65040 LAPORT INC JANITORIAL SUPPLIES 104.04 3035.65095 OFFICE DEPOT OFFICE SUPPLIES 26.75 3035.62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL SERVICE 28.36 3035.62507 PAR-KING NORTH SPORTS CAMP FIELD TRIP 6/27 95.00 10,817.11 3040 FLEETWOOD JOURDAIN COM CT 3040.65025 OPEN KITCHENS SUMMER FOOD PRG LUNCH MEALS 24,131.54 3040.65025 CATHOLIC CHARITIES OF CHICAGO CATERING SERVICE MEAL 664.00 3040.64540 NEXTEL WIRELESS SERVICE 35.21 24,830.75 3045 FLEETWOOD/JOURDAIN THEATR 3045.62511 CLUNIE, BASIL PHOTOG FJT SUMMER THEATER PROG 200.00 3045.62511 SMITH, ANYA BLAKEMAN STAGE MANAGER FJT "HOME"700.00 3045.62505 GABLE, CORAL GUEST ARTIST FJT YOUTH CAMP 135.00 3045.62490 KOLAKOWSKI, DONALD SET BUILDER/PAINTER FJT "HOME"300.00 3045.62490 DAVIS, JAMES A.LIGHTING DESIGN FJT "HEAT"300.00 1,635.00 3050 RECREATION OUTREACH PROGRAM 3050.62511 WILLIAMS, T.L.CUSTER FAIR PERFORMER 225.00 3050.62511 TELLER, ALEX CUSTER ST. FAIR PERFORMER 225.00 450.00 3055 LEVY CENTER 3055.64540 NEXTEL WIRELESS SERVICE 27.21 3055.62505 ADBRIDON CORP.TEACH 2 8 WEEK SPANISH CLASSES 875.00 3055.56045 ILLINOIS DEPT OF REVENUE *SALES TAX - JUNE 2012 35.00 3055.62245 FOLDING PARTITION SERVICES ADUST FOLDING PARTITIONS 450.00 3055.65025 CATHOLIC CHARITIES OF CHICAGO CATERING SERVICE MEAL 2,315.70 3055.62505 CONNELLY'S ACADEMY TAE KWON DO 4,989.00 3055.62505 JANKIEWICZ, MALGORZATA 8 WEEK BEADING CLASS INSTRUCT 440.00 *Advanced Payment 735 of 326 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/24/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3055.65040 LAPORT INC JANITORIAL SUPPLIES 650.08 3055.62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL SERVICE 42.00 3055.62495 ANDERSON PEST CONTROL PEST CONTROL SERVICES 42.00 3055.62245 DIRECT FITNESS SOLUTIONS FITNESS EQUIP MAINTENANCE 962.32 10,828.31 3080 BEACHES 3080.65110 HENRICHSEN FIRE & SAFETY FIRE EXTINGUISHER MAINT.42.50 3080.65125 WILMETTE HARBOR ASSOCIATION IN FUEL EL-1 LAKEFRONT 335.00 3080.64540 NEXTEL WIRELESS SERVICE 78.09 3080.65020 LIFEGUARD STORE, THE MALE, FEMALE SWIM SUITS 2,323.00 2,778.59 3085 RECREATION FACILITY MAINT 3085.64540 NEXTEL WIRELESS SERVICE 59.54 59.54 3095 CROWN ICE RINK 3095.62507 BRUNSWICK ZONE NILES KID CITY CAMP FIELD TRIP 6/29 266.00 3095.62507 BRUNSWICK ZONE NILES FUN FACTORY FIELD TRIP 6/29 332.50 3095.62507 BRUNSWICK ZONE NILES FUN FACTORY CAMP FIELD TRIP 301.00 3095.65095 ILLINOIS PAPER COMPANY OFFICE PAPER 2012 295.80 3095.62495 ANDERSON PEST CONTROL PEST CONTROL 75.00 3095.65110 CURTAIN CALL COSTUMES COSTUMES NUTCRACKER ICE 9,115.44 3095.64540 NEXTEL WIRELESS SERVICE 81.63 10,467.37 3100 SPORTS LEAGUES 3100.62508 SCHWARTZ, MORRIS UMPIRE-ADULT SOFTBALL 612.00 612.00 3105 AQUATIC CAMP 3105.65110 FOX DUFFLES REPAIR HOBIE SAIL 65.00 3105.65110 SOUTHPORT RIGGING INC BIC 11.4 STAND UP PADDLE 2,372.00 3105.65110 PORT SUPPLY LANYARD KILL SWITCH KEYS 23.04 2,460.04 3110 TENNIS 3110.62505 E-TOWN TENNIS *JUNE/JULY SUMMER CAMPS 11,187.08 3110.62375 EVANSTON TOWNSHIP HIGH SCHOOL RENTAL ETHS OUTDOOR TENNIS CRT 1,380.00 3110.62505 E-TOWN TENNIS INSTRUCTION YOUTH & ADULT 2,983.50 3110.62505 E-TOWN TENNIS *JUNE/JULY YOUTH-ADULT SUMMER 15,809.70 31,360.28 3130 SPECIAL RECREATION 3130.64540 NEXTEL WIRELESS SERVICE 62.33 62.33 3140 BUS PROGRAM 3140.64540 NEXTEL WIRELESS SERVICE 27.21 27.21 3150 PARK SERVICE UNIT 3150.64540 NEXTEL WIRELESS SERVICE 54.42 54.42 *Advanced Payment 836 of 326 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/24/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3205 COMMUNITY RELATIONS 3205.62490 NOFFKE FAMILY FARM REIMBURSE LINK MARKET VENDOR 36.00 3205.62490 IRON CREEK FARM REIMBURSE LINK MARKET VENDOR 36.00 3205.62490 LYON'S FARM REIMBURSE LINK MARKET VENDOR 50.00 3205.62490 RIVER VALLEY RANCH REIMBURSE LINK MARKET VENDOR 33.00 3205.62490 HENRY'S FARM REIMBURSE LINK MARKET VENDOR 167.00 3205.62490 NICHOLS FARM & ORCHARD REIMBURSE LINK MARKET VENDOR 43.00 3205.62490 DEFLOURED LLC REIMBURSE LINK MARKET VENDOR 28.00 3205.62490 LAKE BREEZE ORGANICS REIMBURSE LINK MARKET VENDOR 48.00 3205.62490 FIRST, JON REIMBURSE LINK MARKET VENDOR 49.00 3205.62490 ORGANIC PASTURES REIMBURSE LINK MARKET VENDOR 31.00 3205.62490 TINY GREENS INC REIMBURSE LINK MARKET VENDOR 35.00 3205.62490 TOMATO MOUNTAIN FARM REIMBURSE LINK MARKET VENDOR 28.00 3205.62490 K.V. STOVER AND SON REIMBURSE LINK MARKET VENDOR 55.00 639.00 3505 PARKS & FORESTRY GENERAL SUP 3505.64540 NEXTEL WIRELESS SERVICE 603.43 603.43 3510 HORTICULTURAL MAINTENANCE 3510.65055 REINDERS, INC.SUPPLIES 694.11 694.11 3605 ECOLOGY CENTER 3605.62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL SERVICE 56.75 3605.56045 ILLINOIS DEPT OF REVENUE *SALES TAX - JUNE 2012 3.00 3605.65095 OFFICE DEPOT OFFICE SUPPLIES 10.68 70.43 3710 NOYES CULTURAL ARTS CTR 3710.62425 LIFTOMATIC ELEVATOR, INC ELEVATOR MAINTENANCE 150.00 3710.62425 LIFTOMATIC ELEVATOR, INC ELEVATOR MAINTENANCE 150.00 3710.62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 33.25 3710.64540 NEXTEL WIRELESS SERVICE 27.21 3710.65040 LAPORT INC JANITORIAL SUPPLIES 451.80 3710.62425 LIFTOMATIC ELEVATOR, INC ELEVATOR MAINTENANCE 150.00 3710.62425 LIFTOMATIC ELEVATOR, INC ELEVATOR MAINTENANCE 150.00 3710.62425 LIFTOMATIC ELEVATOR, INC ELEVATOR MAINTENANCE 150.00 1,262.26 3720 CULTURAL ARTS PROGRAMS 3720.62511 BROWN, JANICE ETHNIC ARTS FEST FAMILY ARTS 375.00 3720.62511 PERRY, BARBARA ANN ETHNIC ARTS FEST FAMILY ARTS 350.00 3720.62511 CHINESE FINE ARTS SOCIETY PERFORMER ETHNIC ARTS FEST 1,000.00 3720.62511 BAKER, ALFRED PERFORMER ETHNIC ARTS FEST 850.00 3720.62511 LOBO, DEMINIQUE CELEBRITY MC STARLIGHT CONCERT 200.00 3720.62205 CHICAGO READER STARLIGHT CONCERT ADVERT 239.50 3720.65095 OFFICE DEPOT OFFICE SUPPLIES 41.20 3720.62511 HAMLIN, REBECCA PRESENTATION WRITER CAMP 50.00 3720.62511 THOMPSON, LUVERN STARLIGHT CONCERT PERFORMER 2,000.00 3720.62511 FOLKLORE INC PERFORMER ETHNIC FESTIVAL 1,800.00 3720.62511 PRAVDA RECORDS, INC.STARLIGHT CONCERT PERFORMERS 1,400.00 *Advanced Payment 937 of 326 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/24/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3720.62511 SHANNON LAMBERT-RYAN ETHNIC FESTIVAL PERFORMER 2,000.00 3720.62500 HEWITT, PAUL SOUND SYSTEM & SOUND 2,750.00 3720.62511 KEEVA, ANNA ETHNIC ARTS FEST FAMILY ACTIV 350.00 3720.62511 SLAJUVIENE, INGRIDA ETHNIC ARTS FEST FAMILY ARTS 185.00 3720.62511 IVANOVIC, GORAN ETHNIC ARTS FEST PERFORMER 825.00 3720.62511 MARILYN PRICE PUPPETS, INC.PERFORMER ETHNIC ARTS FEST 600.00 3720.62511 WILLIAMS, T.L.STARLIGHT CONCERT 6/19 HARBERT 200.00 3720.62511 SOUL CREATIONS PERFORMER ETHNIC ARTS FEST 850.00 3720.62511 GLOBAL EXPLORERS KIDS ETHNIC ARTS FEST FAMILY ARTS 375.00 3720.62511 ROYSTER, NADINE ETHNIC ARTS FEST FAMILY ARTS 350.00 3720.62511 BOLLYWOOD GROOVE PERFORMER ETHNIC ARTS FEST 350.00 3720.62511 ZAMIN LLC PERFORMER ETHNIC ARTS FEST 625.00 3720.62511 RIVERA, GUILLERMO ETHNIC ARTS FEST FAMILY ACTIV 375.00 3720.62490 NOGUEIRA, ANTONION A. CESAR (R BEST IN CATEGORY AWARD LKSHR 100.00 18,240.70 3805 FACILITIES ADMINISTRATION 3805.64005 COMED MONTHLY CHARGES 269.99 3805.64540 NEXTEL WIRELESS SERVICE 78.13 348.12 3806 CIVIC CENTER SERVICES 3806.65040 MARK VEND COMPANY VENDING SUPPLIES 407.46 3806.65040 MARK VEND COMPANY VENDING SUPPLIES 175.92 3806.62225 ANDERSON PEST CONTROL PEST CONTROL 422.00 3806.62225 DUSTCATCHERS, INC.ONE (1) YEAR SERVICE 189.00 3806.64540 NEXTEL WIRELESS SERVICE 107.82 3806.64015 NICOR 0632 MONTHLY CHARGES 111.60 1,413.80 3807 CONSTRUCTION AND REPAIRS 3807.62225 STANLEY SECURITY SOLUTIONS LOCKSMITH WORK 213.00 3807.62245 RANDALL INDUSTRIES ARTICULATING BOOM 1,880.50 3807.64540 NEXTEL WIRELESS SERVICE 858.63 2,952.13 411,696.39 00185 LIBRARY FUND 4805 LIBRARY YOUTH SERVICES 4805.65630 BAKER & TAYLOR JUV PRINT 53.04- 4805.65630 BAKER & TAYLOR JUV PRINT - CREDIT 9.88- 4805.65630 BAKER & TAYLOR JUV PRINT 1,609.22 4805.65630 BAKER & TAYLOR JUV PRINT 300.92 4805.65630 BAKER & TAYLOR JUV PRINT 496.08 4805.65641 BAKER & TAYLOR JUV/ADULT AV 216.84 4805.65641 BAKER & TAYLOR ADULT/JUV AV 224.86 4805.65630 BAKER & TAYLOR JUV PRINT 91.29 4805.65630 BAKER & TAYLOR JUV PRINT 12.51 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 23.98 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 22.08 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 8.97 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 16.99 *Advanced Payment 1038 of 326 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/24/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 308.02 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 63.44 4805.65630 COMIX REVOLUTION, INC.JUV BOOKS 83.68 4805.65630 COMIX REVOLUTION, INC.JUV PRINT 62.96 4805.65630 BAKER & TAYLOR JUV PRINT 879.72 4805.65630 BAKER & TAYLOR JUV PRINT 159.15 4805.65630 BAKER & TAYLOR JUV PRINT 408.04 4805.65630 BAKER & TAYLOR JUV PRINT 204.02 4805.65630 BAKER & TAYLOR JUV PRINT 151.50 4805.65641 RANDOM HOUSE INC JUV AV 41.25 4805.65641 MIDWEST TAPE JUV AV 26.38 4805.65641 MIDWEST TAPE JUV AV 39.98 4805.65641 MIDWEST TAPE JUV AV 51.95 4805.65641 MIDWEST TAPE JUV AV 11.99 4805.65641 MIDWEST TAPE JUV AV 30.37 4805.65641 MIDWEST TAPE JUV AV 113.52 4805.65641 MIDWEST TAPE JUV AV 13.59 4805.65641 MIDWEST TAPE JUV AV 23.19 4805.65641 MIDWEST TAPE JUV AV 87.92 4805.65641 MIDWEST TAPE JUV AV 15.98 4805.65641 MIDWEST TAPE JUV AV 47.96 4805.65641 MIDWEST TAPE JUV AV 118.70 4805.65641 MIDWEST TAPE JUV AV 36.76 4805.65641 MIDWEST TAPE JUV AV 16.79 4805.65641 MIDWEST TAPE JUV AV 57.55 4805.65641 MIDWEST TAPE JUV AV 36.76 4805.65641 MIDWEST TAPE JUV AV 59.95 4805.65630 TRES AMERICAS BOOKS ADULT/JUV PRINT 111.50 4805.65630 TRES AMERICAS BOOKS JUV PRINT 213.75 4805.65630 BAKER & TAYLOR JUV PRINT 282.80 4805.65630 BAKER & TAYLOR JUV PRINT - CREDIT 18.95- 4805.65630 BAKER & TAYLOR JUV PRINT - CREDIT 28.18- 4805.65641 BAKER & TAYLOR JUV AV 25.72- 6,647.14 4806 LIBRARY ADULT SERVICES 4806.65641 BAKER & TAYLOR ADULT AV 29.39 4806.65641 BAKER & TAYLOR ADULT AV 44.09 4806.65630 BAKER & TAYLOR ADULT PRINT 70.37- 4806.65641 BAKER & TAYLOR ADULT AV CREDIT 48.14- 4806.65630 BAKER & TAYLOR ADULT PRINT 717.99 4806.65630 BAKER & TAYLOR ADULT PRINT 1,763.68 4806.65630 BAKER & TAYLOR ADULT PRINT 288.36 4806.65630 BAKER & TAYLOR ADULT PRINT 1,553.87 4806.65630 BAKER & TAYLOR ADULT PRINT 241.82 4806.65630 BAKER & TAYLOR ADULT PRINT 30.53 4806.65630 BAKER & TAYLOR ADULT PRINT 88.91 4806.65630 BAKER & TAYLOR ADULT PRINT 47.00 4806.65641 BAKER & TAYLOR ADULT AV 10.18 4806.65641 BAKER & TAYLOR ADULT AV 22.04 *Advanced Payment 1139 of 326 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/24/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 4806.65641 BAKER & TAYLOR ADULT AV 55.24 4806.65641 BAKER & TAYLOR ADULT AV 247.35 4806.65641 BAKER & TAYLOR JUV/ADULT AV 88.14 4806.65641 BAKER & TAYLOR ADULT AV 38.19 4806.65641 BAKER & TAYLOR ADULT/JUV AV 18.12 4806.65641 BARNES & NOBLE ADULT AV 23.19 4806.65630 BARNES & NOBLE ADULT PRINT 27.81 4806.65630 BARNES & NOBLE ADULT PRINT 33.00 4806.65630 BARNES & NOBLE ADULT PRINT 12.23 4806.65630 BRODART COMPANY ADULT PRINT 28.34 4806.65630 SAGE PUBLICATIONS INC ADULT PRINT 238.26 4806.65635 EBSCO INDUSTRIES, INC. DBA EBS PERIODICALS 42.77 4806.65635 EBSCO INDUSTRIES, INC. DBA EBS PERIODICALS 14.38 4806.65641 AUDIO GO ADULT AV 52.46 4806.65630 BAKER & TAYLOR ADULT PRINT 1,216.80 4806.65630 BAKER & TAYLOR ADULT PRINT 1,480.06 4806.65630 BAKER & TAYLOR ADULT PRINT 975.75 4806.65630 BAKER & TAYLOR ADULT PRINT 314.07 4806.65630 BAKER & TAYLOR ADULT PRINT 1,450.48 4806.65630 BAKER & TAYLOR ADULT PRINT 233.68 4806.65630 BAKER & TAYLOR ADULT PRINT 21.59 4806.65630 BAKER & TAYLOR ADULT PRINT 41.36 4806.65630 BAKER & TAYLOR ADULT PRINT 311.37 4806.65630 BAKER & TAYLOR ADULT PRINT 67.12 4806.65630 BAKER & TAYLOR ADULT PRINT 693.39 4806.65630 BAKER & TAYLOR ADULT PRINT 1,051.15 4806.65630 BAKER & TAYLOR ADULT PRINT 394.30 4806.65641 BAKER & TAYLOR ADULT AV 352.02 4806.65635 EBSCO INDUSTRIES, INC. DBA EBS PERIODICALS 333.94 4806.65635 EBSCO INDUSTRIES, INC. DBA EBS PERIODICASL CREDIT 76.35- 4806.65635 EBSCO INDUSTRIES, INC. DBA EBS PERIODICALS CREDIT 107.49- 4806.65635 EBSCO INDUSTRIES, INC. DBA EBS PERIODICALS CREDIT 26.95- 4806.62340 GALE GROUP ONLINE RESOURCES 1,142.68 4806.62340 GALE GROUP ONLINE RESOURCES 571.34 4806.65630 HAINES & COMPANY INC ADULT PRINT 415.50 4806.65630 INFORMATION TODAY INC ADULT PRINT 266.00 4806.65641 RANDOM HOUSE INC ADULT AV 116.25 4806.65641 RANDOM HOUSE INC ADULT AV 20.00 4806.65641 RANDOM HOUSE INC ADULT AV 105.00 4806.65641 RECORDED BOOKS INC.ADULT AV 6.95 4806.65630 REGENT BOOK COMPANY INC ADULT PRINT 13.74 4806.65641 MIDWEST TAPE ADULT AV 145.56 4806.65641 MIDWEST TAPE ADULT AV 44.98 4806.65641 MIDWEST TAPE ADULT AV 23.99 4806.65641 MIDWEST TAPE ADULT AV 46.98 4806.65630 TRES AMERICAS BOOKS ADULT/JUV PRINT 92.50 4806.65630 TRES AMERICAS BOOKS ADULT PRINT 250.00 4806.65630 TRES AMERICAS BOOKS ADULT PRINT 218.34 4806.65630 WEST GROUP PAYMENT CTR ADULT PRINT 76.00 4806.65641 BAKER & TAYLOR ADULT AV 22.01 *Advanced Payment 1240 of 326 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/24/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 4806.65641 BAKER & TAYLOR ADULT AV 226.55 4806.65641 BAKER & TAYLOR ADULT AV 18.34 4806.65641 BAKER & TAYLOR ADULT AV 18.36 4806.65641 BAKER & TAYLOR ADULT AV 29.40 4806.65641 BAKER & TAYLOR ADULT AV 22.01 4806.65641 BAKER & TAYLOR ADULT AV 76.34 4806.65630 BAKER & TAYLOR ADULT PRINT 120.00 4806.65630 BAKER & TAYLOR ADULT PRINT 200.00 4806.65630 BAKER & TAYLOR ADULT PRINT - CREDIT 318.03- 18,335.91 4820 LIBRARY CIRCULATION 4820.52610 UNIQUE MANAGEMENT SERVICES COLLECTION CHARGES 170.05 170.05 4825 LIBRARY NORTH BRANCH 4825.64015 NICOR 0632 MONTHLY CHARGES 52.61 52.61 4835 LIBRARY TECHNICAL SERVICES 4835.62341 EVANCED SOLUTIONS, LLC INTERNET SERVICE PROVIDERS 2,625.00 4835.62340 COOPERATIVE COMPUTER SERVICES INTERNET SERVICE PROVIDERS 714.66 4835.62341 COOPERATIVE COMPUTER SERVICES INTERNET SERVICE PROVIDERS 4,202.16 7,541.82 4840 LIBRARY MAINTENANCE 4840.62225 CINTAS #769 MAT SERVICE 64.19 4840.62225 CHICAGO SPRINKLER COMPANY JANITORIAL SUPPLIES 1,319.50 4840.62225 PARKING SYSTEMS, INC BUILDING MAINTENANCE SERVICES 120.00 4840.62225 SIEMENS BLDG TECHNOLOGIES MAINT. SERVICES 6,805.00 4840.65040 LAPORT INC JANITORIAL SUPPLIES 734.58 4840.65040 LAPORT INC JANITORIAL SUPPLIES 269.81 9,313.08 4845 LIBRARY ADMINISTRATION 4845.65095 OFFICE DEPOT OFFICE SUPLIES 86.79 4845.64540 NEXTEL WIRELESS SERVICE 27.21 4845.56140 ILLINOIS DEPT OF REVENUE *SALES TAX - JUNE 2012 138.00 4845.62295 DANCZAK LYONS, KAREN AMERICAN LIBRARY ASSOCIATION 1,505.64 1,757.64 43,818.25 00195 NEIGHBOR.STABILIZATION PROGRAM 5006 PROGRAM DELIVERY 5006.62205 EVANSTON ROUND TABLE LIVE EVANSTON AD-03-2012 334.00 5006.62205 CHICAGO TRIBUNE CAMPAIGN #2287581 ONLINE 960.00 1,294.00 1,294.00 00200 MOTOR FUEL 5099 MFT STREET RESURFACING 5099.65515 CHICAGOLAND PAVING 2012 MFT STREET RESURFACING 655,393.18 655,393.18 00205 EMERGENCY TELEPHONE SYSTEM 5150 EMERGENCY TELEPHONE SYSTM 5150.65085 MOTOROLA, INC.RADIO BATTERY 706.56 5150.64540 VERIZON WIRELESS (25505)WIRELESS SERVICE 2,774.73 *Advanced Payment 1341 of 326 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/24/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 5150.64505 AT & T 8100 COMMUNICATION CHARGES 475.28 5150.62509 MOTOROLA SOLUTIONS, INC.POLICE SERVICE AGREEMENT RENEW 19,272.69 5150.62509 LOGICALIS, INC.911 ISERIES SERVER SUPPORT 3,495.69 5150.64540 NEXTEL WIRELESS SERVICE 1,511.45 28,236.40 28,236.40 00215 CDBG FUND 5203 HANDYMAN 5203.63095 CEDA, INC.HANDYMAN PROGRAM 1,896.27 1,896.27 5204 HOUSING CODE COMPLIANCE 5204.62250 DACRA COMPUTER SERVICE HOUSING DATABASE 1,375.00 1,375.00 5205 TARGETED CODE ENFORCEMENT 5205.62770 DIEGO AND GABY'S LANDSCAPING C CASE 08-0060 1832 DODGE 140.00 140.00 5220 CDBG ADMINISTRATION 5220.62285 FEDERAL EXPRESS CORP.SHIPPING 16.50 5220.62490 ZOOMGRANTS *ADMIN. PROGRAM CDBG GRANTS 1,495.00 1,511.50 5279 CDBG-R 5279.67102 WARD EIGHT WINE BAR *COMMERCIAL SPACE-629 HOWARD 72,595.00 72,595.00 77,517.77 00225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 5300.62275 FEDERAL EXPRESS CORP.SHIPPING 40.08 5300.65522 RENAISSANCE REALTY AND CONSTRU MEMORIAL GARDEN MAINT. SPR-SU 1,600.00 5300.65522 LANDSCAPE CONCEPTS MANAGEMENT, SUMMER COLOR INSTALL-PLANTERS 2,080.00 5300.62275 FEDERAL EXPRESS CORP.SHIPPING 79.18 5300.62346 COOK COUNTY TREASURER PROPERTY TAX 625 HOWARD 3,689.66 7,488.92 7,488.92 00240 HOME FUND 5430 HOME FUND 5430.65535 HOUSING OPPORTUNITY DEVELOPMEN REHAB 131 CALLAN DRAW #6 19,732.61 19,732.61 19,732.61 00330 HOWARD RIDGE TIF 5860 HOWARD RIDGE TIF 5860.64015 NICOR 0632 MONTHLY CHARGES 27.01 5860.64015 NICOR 0632 MONTHLY CHARGES 113.76 5860.64015 NICOR 0632 MONTHLY CHARGES 30.96 *Advanced Payment 1442 of 326 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/24/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 171.73 171.73 00335 WEST EVANSTON 5870 WEST EVANSTON TIF 5870.62605 IRMCO FACADE IMPROV. 2117 GREENLEAF 13,943.69 13,943.69 13,943.69 00415 CAPITAL IMPROVEMENTS FUND 415175 CIVIC CTR RENOVATIONS 415175.65510 BEHLES & BEHLES PROVIDE CONSULTING SERVICES 4,818.00 415175.65653 ARMAND LEE & COMPANY, LTD STONE EAGLE SCULPTURE BASE 9,825.00 14,643.00 415224 SERV. CTR PARKING DECK REPAIRS 415224.62140 WALKER INC., CARL SERVICE CENTER REPAIRS 3,535.08 3,535.08 415411 JAMES PK IRRIGATION SYS IMPROV 415411.62165 GREAT LAKES SOIL & ENVIRONMENT MATERIAL TESTING SYSTEM 1,994.50 1,994.50 415663 NOYES ROOF PROJECT 415663.62205 CHICAGO TRIBUNE RFP 12-132 ADVERTISEMENT 660.00 660.00 415739 POLICE FIRE ROOF REPLACEMENT 415739.62205 CHICAGO TRIBUNE ADVERTISMENT NOTICE TO BIDDERS 825.00 825.00 415868 STREETLIGHT UPGRADE PROGM 415868.65515 EXCEL LTD., INC.50 STREET LIGHT POWER CENTERS 39,280.00 39,280.00 415885 BRIDGE REHAB PROGRAM 415885.65515 ALFRED BENESCH & COMPANY BRIDGE STREET BRIDGE PROJECT 5,226.50 5,226.50 416209 CTA YELLOW LINE FEASIBILITY ST 416209.65515 PARSONS BRINCKERHOFF (FKA PB A CTA YELLOW LINE STATION ENGIN.6,513.31 6,513.31 72,677.39 00505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 7005.64540 NEXTEL WIRELESS SERVICE 286.73 7005.53450 CATHERINE SACCANY LOT 35 REFUND 19.00 7005.65095 DELL COMPUTER CORP.DELL VOSTRO 3550 594.27 900.00 7015 PARKING LOTS & METERS 7015.65085 RUSSO POWER EQUIPMENT FILLER CAP 4.06 4.06 7025 CHURCH STREET GARAGE *Advanced Payment 1543 of 326 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/24/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7025.53515 MCKENZIE, BARBARA ACCESS CARD REFUND 25.00 7025.53515 MATHER LIFEWAYS ACCESS CARD REFUND 25.00 7025.53515 ERKENSWICK, ELIZABETH ACCESS CARD REFUND 25.00 7025.53515 HAGERMAN, PETER ACCESS CARD REFUND 25.00 7025.53515 SHEPHERD, KEVIN ACCESS CARD REFUND 25.00 7025.53515 COUNSELLOR, JAMES ACCESS CARD REFUND 25.00 7025.53515 MOORE, JENNIFER ACCESS CARD REFUND 25.00 7025.53515 COHEN, LAUREN / MATHEU, CHRIST ACCESS CARD REFUND 25.00 7025.53515 YAO, KEVIN ACCESS CARD REFUND 25.00 7025.53515 RAVIKUMAR, SHRIYA ACCESS CARD REFUND 25.00 7025.53515 THOMAS, SARAH ACCESS CARD REFUND 25.00 7025.53515 DULEYRIE, CHARLOTTE ACCESS CARD REFUND 25.00 300.00 7036 SHERMAN GARAGE 7036.53515 POGGI, DOM ACCESS CARD REFUND 25.00 7036.53515 FAIRCHILD, ANNE ACCESS CARD REFUND 25.00 7036.53515 DUNBERG, CYNTHIA ACCESS CARD REFUND 25.00 7036.53515 CHEON, BOBBY ACCESS CARD REFUND 25.00 7036.53515 HINKLE, AMANDA J.ACCESS CARD REFUND 25.00 7036.53515 SHAUGHNESSY, MICHELLE ACCESS CARD REFUND 25.00 7036.53515 BARDO, VANESSA ACCESS CARD REFUND 25.00 7036.53515 SHOHAM, IRINA ACCESS CARD REFUND 25.00 7036.53515 POLYDOROS, DONNA ACCESS CARD REFUND 25.00 7036.53515 MCLICK, JENNIFER ACCESS CARD REFUND 25.00 7036.53515 MATHEWS, DAVID ACCESS CARD REFUND 25.00 7036.53515 JOO YOUNG JI ACCESS CARD REFUND 25.00 7036.53515 SPINELLI, LINDA ACCESS CARD REFUND 25.00 7036.53515 YERMAKOV, ALEXANDER ACCESS CARD REFUND 25.00 7036.53515 KANEMOTO, MIRI ACCESS CARD REFUND 25.00 7036.53515 THE BALARAD MIND FOUNDATION ACCESS CARD REFUND 25.00 7036.53515 WHITT, JONATHAN ACCESS CARD REFUND 25.00 425.00 7037 MAPLE GARAGE 7037.53515 ATTAAR, MIKHAIL ACCESS CARD REFUND 25.00 7037.53515 REINKE, SPENCER ACCESS CARD REFUND 25.00 7037.53515 COMINOS, TED ACCESS CARD REFUND 75.00 7037.53515 DURKIN, DANIELLE ACCESS CARD REFUND 25.00 7037.53515 COPPEDGE, CAROLYN ACCESS CARD REFUND 25.00 7037.53515 GIFFORD, MEGHANN KYLE ACCESS CARD REFUND 25.00 7037.53515 BUSSE, RUSSELL ACCESS CARD REFUND 25.00 7037.53515 PATEL, AMIR ACCESS CARD REFUND 25.00 250.00 1,879.06 00510 WATER FUND 7100 WATER GENERAL SUPPORT 7100.56140 ILLINOIS DEPT OF REVENUE *SALES TAX - JUNE 2012 167.00 7100.53575 FEDERAL EXPRESS CORP.SHIPPING 124.07 7100.53575 FEDERAL EXPRESS CORP.SHIPPING 128.25 *Advanced Payment 1644 of 326 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/24/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7100.62315 FEDERAL EXPRESS CORP.SHIPPING 25.59 7100.64540 NEXTEL WIRELESS SERVICE 206.67 7100.65095 OFFICE DEPOT OFFICE SUPPLIES FOR FY 2012 73.85 7100.62295 SCHUENEMAN, ALEC D CITY WORKS CONF. REIMB.220.00 945.43 7105 PUMPING 7105.64540 NEXTEL WIRELESS SERVICE 163.26 163.26 7110 FILTRATION 7110.64540 NEXTEL WIRELESS SERVICE 163.26 7110.62465 UNDERWRITERS LABORATORIES INC. 2012 LABORATORY TESTING 58.00 7110.62465 UNDERWRITERS LABORATORIES INC. 2012 LABORATORY TESTING 10.00 7110.65015 ALEXANDER CHEMICAL CORPORATION LIQUID CHLORINE - TON CONTAINE 3,396.00 7110.62245 SUBURBAN ELEVATOR ELEVATOR MAINT.450.00 4,077.26 7115 DISTRIBUTION 7115.65055 G & L CONTRACTORS, INC 2012 GRANULAR MATERIALS 1,146.56 7115.62415 PIONEER PRESS LEGAL NOTICE FOR BID AD - 2012 54.40 7115.64540 NEXTEL WIRELESS SERVICE 373.98 1,574.94 7120 WATER METER MAINTENANCE 7120.64540 NEXTEL WIRELESS SERVICE 86.13 86.13 7125 OTHER OPERATIONS 7125.65080 MID AMERICAN WATER OF WAUCONDA 1 1/2" FLARE COPPER CURB STOP 3,100.00 7125.62180 CDM SMITH, INC.WHOLESALE ENGINEERING SUPPORT 12,223.00 7125.65080 MID AMERICAN WATER OF WAUCONDA 1" SWIVEL 1/8 BEND FLARED 190.00 7125.65080 MID AMERICAN WATER OF WAUCONDA 1 1/2" SWIVEL 1/4 BEND FLARED 585.00 7125.65080 MID AMERICAN WATER OF WAUCONDA 1" FLARE COPPER CURB STOP-MINN 1,443.75 7125.65080 MID AMERICAN WATER OF WAUCONDA 1" SWIVEL 1/4 BEND FLARED 220.00 7125.65080 MID AMERICAN WATER OF WAUCONDA 1 1/2" SWIVEL 1/8 BEND FLARED 788.00 7125.65080 MID AMERICAN WATER OF WAUCONDA 2" FLARE COPPER CURB STOP-MINN 1,204.20 19,753.95 26,600.97 00513 WATER-DEPR, IMPROV & EXTENSION 733086 2008 WATER MAIN INSTALLATION 733086.65515 GLENBROOK EXCAVATING & CONCRET 2012 WATER MAIN REPLACEMENT 492,172.34 492,172.34 733113 PUMP. STATON SWITCHGEAR REPAIR 733113.62145 CDM SMITH, INC.ENGINEERING SERVICES 1,313.86 1,313.86 493,486.20 00515 SEWER FUND 7400 SEWER MAINTENANCE 7400.62460 THIRD MILLENNIUM ASSOC REGULAR, PAST DUE & SHUT OFF 410.20 7400.64540 NEXTEL WIRELESS SERVICE 233.43 *Advanced Payment 1745 of 326 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/24/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7400.65051 GALLAGHER MATERIALS CORPORATIO FY2012 UPM COLD PATCH PURCHASE 5,126.58 5,770.21 7410 SEWER OTHER OPERATIONS 7410.62421 ILLINOIS ENVIRONMENTAL PROTECT NPDES PERMIT FEE - COMBINED 20,000.00 7410.62421 ILLINOIS ENVIRONMENTAL PROTECT NPDES PERMIT FEE - STORM SEWER 1,002.25 21,002.25 7420 SEWER IMPROVEMENTS 7420.65515 AMERICAN PIPE LINERS, INC.CHANGE ORDER #1 CUSTOM LINERS 16,500.00 7420.65515 AMERICAN PIPE LINERS, INC.2012 CIPP SEWER REHAB 32.30 7420.65515 AMERICAN PIPE LINERS, INC.2012 CIPP SEWER REHAB 44,055.50 60,587.80 87,360.26 00520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 7685.62405 WELLS FARGO BANK- SWANCC SWANCC OPERATIONS & MAINT.72,951.12 7685.56155 ILLINOIS DEPT OF REVENUE *SALES TAX - JUNE 2012 427.00 7685.62415 GROOT RECYCLING & WASTE SERVIC FY2012 RESIDENTIAL REFUSE 132,765.00 7685.68310 WELLS FARGO BANK- SWANCC SWANCC CAPITAL COSTS 5,232.15 7685.62390 LAKESHORE WASTE SERVICES, LLC FY2012 CONDO REFUSE COLLECTION 31,416.67 242,791.94 7695 YARD WASTE COLLECTION 7695.61630 LOGAN, CHRIS C WORK BOOT REIMBURSEMENT 50.00 7695.62415 GROOT RECYCLING & WASTE SERVIC FY2012 YARD WASTE COLLECTION 65,886.00 65,936.00 308,727.94 00600 FLEET SERVICES 7705 GENERAL SUPPORT 7705.64540 NEXTEL WIRELESS SERVICE 108.33 7705.65095 TEUTEBERG INC "DO NOT USE" TAGS-2,000 762.26 870.59 7710 MAJOR MAINTENANCE 7710.65060 SUNNYSIDE PARTS WAREHOUSE SEAT BACK 135.80 7710.65060 SUNNYSIDE PARTS WAREHOUSE 19-NUTS 89.87 7710.65060 TERMINAL SUPPLY CO.ELECTRICAL SUPPLIES-INVENTORY 318.85 7710.65085 KOCOL, WOJCIECH TOOL ALLOWANCE 2012 550.00 7710.65085 MARCH, KENNETH TOOL ALLOWANCE 2012 550.00 7710.65060 TRANS CHICAGO TRUCK GROUP BLIND SPOT MIRROR #719 99.96 7710.65060 TRIANGLE SERVICE, INC.RADIATOR-INVENTORY 825.00 7710.65060 TRIANGLE SERVICE, INC.REPAIR FUEL TANK #625 525.00 7710.65060 WARREN'S SHELL SERVICE MOTORCYCLE FUEL 297.11 7710.65065 WENTWORTH TIRE SERVICE 12 POLICE TIRES 1,173.00 7710.65060 WENTWORTH TIRE SERVICE SHOP TOOL 25.00 7710.65060 WEST SIDE TRACTOR REFUND WELDING EXPENSE 315.30- 7710.65060 WEST SIDE TRACTOR KEEPER 58.56 7710.65060 WEST SIDE TRACTOR CYLINDER #953 1,240.82 7710.65060 WEST SIDE TRACTOR PARTS REFUND 116.85- 7710.65060 WEST SIDE TRACTOR PIN ASSYM. #955 440.35 *Advanced Payment 1846 of 326 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/24/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 WEST SIDE TRACTOR SENSORS #659 104.15 7710.65060 WHOLESALE DIRECT INC 2 HEAD LAMPS 51.03 7710.65060 WHOLESALE DIRECT INC SUPPLIES 135.39 7710.65060 ZEIGLER CHEVROLET-SCHAUMBURG L 4 BRAKE PADS-INVENTORY 597.40 7710.65035 PALATINE OIL COMPANY, INC FUEL PURCHASES 23,236.07 7710.65035 PALATINE OIL COMPANY, INC FUEL PURCHASES 23,232.69 7710.65060 DUECO, INC.OUTSIDE REPAIR #575 982.64 7710.65060 EVANSTON AUTO GLASS INSTALL D/S WINDOW #716 75.00 7710.65060 FREEWAY FORD TRUCK SALES OUTSIDE REPAIR #536 3,535.00 7710.65060 FREEWAY FORD TRUCK SALES FUEL TANK STRAPS #625 322.41 7710.65060 FREEWAY FORD TRUCK SALES FUEL PRIMER PUMP #625 174.81 7710.65060 FREEWAY FORD TRUCK SALES WIPER MOTOR RETURN 937.90- 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC PUSH BUTTON SWITCH KIT 125.07 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC SWITCH PROXIMITY RELAY 44.58 7710.65060 GRAINGER, INC., W.W.RIVETS 42.93 7710.65060 GROVER WELDING COMPANY WELD HOOK ~ LOADER #955 165.00 7710.65060 GROVER WELDING COMPANY WELD HOOK ~ LOADER #953 55.00 7710.65060 GROVER WELDING COMPANY WELD PLATES ~ #598 3,560.00 7710.65060 HIGH PSI LTD.SHOP POWER WASHER SOAP 253.73 7710.65060 ICEMANN ARENA SERVICES BLADE~ICE RESURFACER #426 626.35 7710.65060 ICEMANN ARENA SERVICES SENSOR~ICE RESURFACER #426 508.55 7710.65060 INTERSTATE BATTERY OF NORTHERN 2 MOTORCYCLE BATTERIES 135.00 7710.65060 INTERSTATE BATTERY OF NORTHERN 9 VOLT BATTERIES 30.58 7710.65060 INTERSTATE BATTERY OF NORTHERN 2 BATTERIES #659 459.90 7710.65060 INTERSTATE BATTERY OF NORTHERN BATTERY #437 115.95 7710.65060 KUSSMAUL ELECTRONICS CO.SHORE LINE CHARGER 260.01 7710.65060 CARQUEST EVANSTON STARTER #432 185.79 7710.65060 CARQUEST EVANSTON A/C LINE CAPS 23.40 7710.65060 GOLF MILL FORD HOSE #931 110.57 7710.65060 GOLF MILL FORD FORD A/C LINE CAPS 18.59 7710.65060 LAWSON PRODUCTS, INC.INVENTORY-VARIOUS NUTS & BOLTS 493.16 7710.65060 LEACH ENTERPRISES, INC.SCOT SEAL FRONT #322 81.46 7710.65060 LEACH ENTERPRISES, INC.MUFFLER #625 226.92 7710.65060 LEMOI HARDWARE SHOP SUPPLIES 87.94 7710.65060 NORTH SHORE TOWING TOW & HOOK-HEAVY DUTY 200.00 7710.65060 NORTH SHORE TOWING TIRE CHANGE #67 50.00 7710.65060 NORTH SHORE TOWING TIRE CHANGE #44 50.00 7710.65060 NORTH SHORE TOWING TOW & HOOK-#108 65.00 7710.65060 NORTH SHORE TOWING TOW & HOOK-#86 65.00 7710.65060 NORTH SHORE TOWING TOW & HOOK-#917 65.00 7710.65060 NORTH SHORE TOWING TOW & HOOK-#432 65.00 7710.65060 NORTH SUBURBAN AUTO SUPPLY TIRE PLUGS 25.60 7710.65060 NORTH SUBURBAN AUTO SUPPLY V-BELT #667 52.34 7710.65035 PALM PETROLEUM, LLC BULK ANTI FREEZE 1,037.50 7710.65060 PATTEN INDUSTRIES EDGE LOADER #683 683.75 7710.65060 PATTEN INDUSTRIES 2 FAN BELTS 170.40 7710.65060 PATTEN INDUSTRIES OUTSIDE SERV. #642 682.62 7710.65065 POMP'S TIRE SERVICE, INC.TIRE REPAIR 935 303.25 7710.65065 POMP'S TIRE SERVICE, INC.SERVICE CALL-FLAT REPAIRS 609.00 7710.65065 POMP'S TIRE SERVICE, INC.FLAT REPAIRS 422.50 *Advanced Payment 1947 of 326 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/24/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 RG SMITH EQUIPMENT COMPANY SWITCH N/S 23.32 7710.65060 RG SMITH EQUIPMENT COMPANY OUTSIDE REPAIR #536 844.30 7710.65060 SIGLER'S AUTOMOTIVE & BODY SHO OUTSIDE REPAIR #252 1,003.09 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 132.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 128.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 128.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 124.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 128.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 132.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 190.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 132.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 135.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 136.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 125.25 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 140.00 7710.65060 STANDARD EQUIPMENT COMPANY OUTSIDE REPAIR #667 4,727.97 7710.65060 STANDARD EQUIPMENT COMPANY CAMERA KIT 583.45 7710.65060 STANDARD EQUIPMENT COMPANY TAILGATE SEAL #712 153.20 7710.65060 STANDARD EQUIPMENT COMPANY CABLE 221.18 7710.65060 SUBURBAN ACCENTS, INC.POLICE STRIPPING 318.75 7710.65060 ADVANCED PROCLEAN, INC.MOBILE POWER WASHING SERVICE 318.50 7710.65060 CARQUEST EVANSTON TOGGLE SWITCH 30.68 7710.65060 CARQUEST EVANSTON MICRO-V BELT 33.01 7710.65060 CARQUEST EVANSTON AIR FILTERS 25.43 7710.65060 CARQUEST EVANSTON 6 HYDROL. FITTINGS 61.50 7710.65060 CARQUEST EVANSTON FUEL FILTER 14.18 7710.65060 CARQUEST EVANSTON 2 BRASS FITTINGS 14.11 7710.65060 CARQUEST EVANSTON "T" FITTINGS 29.61 7710.65060 CARQUEST EVANSTON GAS CAP 8.15 7710.65060 CARQUEST EVANSTON CLUTCH CYCLING #679 21.83 7710.65060 CARQUEST EVANSTON REMAN STARTER #917 262.19 7710.65060 CARQUEST EVANSTON HOSE CUTTER 21.84 7710.65060 CARQUEST EVANSTON REMAN STARTER 185.79 7710.65060 CARQUEST EVANSTON HEATER HOSE 33.50 7710.65060 CARQUEST EVANSTON BRAKE JOB #108 113.88 7710.65060 CARQUEST EVANSTON HEIGHT CONTROL VALVE #322 125.54 7710.65060 CARQUEST EVANSTON HEIGHT CONTROL VALVE 62.77 7710.65060 CARQUEST EVANSTON 12 HYDR. FITTINGS 69.60 7710.65060 CARQUEST EVANSTON TIRE PLUGS 5.71 7710.65060 CARQUEST EVANSTON 2 AIR FILTERS 54.10 7710.65060 CARQUEST EVANSTON TIE ROD END #108 69.79 7710.65060 CARQUEST EVANSTON THERMOSTAT #112 7.13 7710.65060 CARQUEST EVANSTON 24 A/C LINE CAPS 13.20 7710.65060 CARQUEST EVANSTON A/C LINE CAPS 4.16 7710.65060 CARQUEST EVANSTON DRYER #759 33.47 7710.65060 GOLF MILL FORD 2 D/S WINDOW SWITCHES 128.36 7710.65060 GOLF MILL FORD CORE EXCHANGE 454.95 7710.65060 GOLF MILL FORD P/S PUMP #72 201.54 7710.65060 GOLF MILL FORD HORN ASSYM. #72 77.63 7710.65060 GOLF MILL FORD ACCUMLATOR #762 336.65 *Advanced Payment 2048 of 326 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/24/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 GOLF MILL FORD CAR #53 CLUSTER 500.77 7710.65060 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTS & SIRENS 76.90 7710.65035 PALATINE OIL COMPANY, INC FUEL PURCHASES 21,474.00 7710.65035 PALATINE OIL COMPANY, INC B-20 DIESEL 23,340.72 7710.65060 1ST AYD CORP.NITRILE GLOVES 37.32 7710.65060 ALLTECH AUTO INC.REFINISH #24 1,100.60 7710.65060 ALLTECH AUTO INC.REFINISH #41 2,072.78 7710.65060 BUCK BROTHERS, INC.NUTS #603 & 604 39.82 7710.65060 CHICAGO INTERNATIONAL TRUCKS, FUEL HOSE #613 24.89 7710.65060 CHICAGO INTERNATIONAL TRUCKS, BRAKE JOB #450 1,301.83 7710.65060 CHICAGO INTERNATIONAL TRUCKS, A/C CHARGER REPAIR #717 853.45 7710.65060 CHICAGO INTERNATIONAL TRUCKS, P/S FILTER #449 33.74 7710.65060 CHICAGO PARTS & SOUND, LLC BLOWER MOTOR WHEEL 19.32 7710.65060 CHICAGO PARTS & SOUND, LLC RADIATOR FAN & RELAY 278.91 7710.65060 CHICAGO PARTS & SOUND, LLC COOLING FAN ASSYM. #86 317.96 7710.65060 CHICAGO PARTS & SOUND, LLC 18 FILTERS 91.38 7710.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 162.72 7710.62355 CINTAS #22 WEEKLY UNIFORM SERV.120.25 7710.62355 CINTAS #22 WEEKLY UNIFORM SERV.120.25 7710.62355 CINTAS #769 WEEKLY MAT SERV.152.90 7710.62355 CINTAS #769 WEEKLY MAT SERV.152.90 7710.65035 CITY WELDING SALES & SERVICE I PROPANE CYLINDERS 81.15 7710.65060 CUMBERLAND SERVICENTER CAB AIR FILTER 83.68 7710.65060 CUMBERLAND SERVICENTER ELECTRIC WINDOW TRUCK #716 218.81 7710.65060 CUMBERLAND SERVICENTER ELECTRIC WINDOW TRUCK #714 226.91 7710.65085 DOUGLAS TRUCK PARTS SHOP TOOL 1,546.33 7710.65060 DOUGLAS TRUCK PARTS HYDR. FITTING 6.89 7710.65060 DOUGLAS TRUCK PARTS PUMP ASSYM.381.25 7710.65060 DOUGLAS TRUCK PARTS HYDR. FITTING 291.70 7710.65060 DOUGLAS TRUCK PARTS HEATER 68.45 7710.65085 DOUGLAS TRUCK PARTS SHOP TOOL 436.79 7710.65060 DUECO, INC.ENGINE REPAIRS #577 7,320.79 144,823.77 145,694.36 00605 INSURANCE FUND 7800 RISK MANAGEMENT 7800.62266 CANNON COCHRAN MANAGEMENT SERV THIRD PARTY ADMINISTRATION FEE 26,125.00 7800.62266 CANNON COCHRAN MANAGEMENT SERV THIRD PARTY ADMINISTRATION FEE 23,750.00 49,875.00 7801 EMPLOYEE BENEFITS 7801.66054 SENIORS CHOICE MONTHLY INVOICE-JULY 1,649.05 1,649.05 51,524.05 00705 POLICE PENSION FUND 8100 POLICEMEN'S PENSION 8100.61755 TEPFER CONSULTING GROUP LTD *2012 ACTUARIAL SERVICES 7,500.00 7,500.00 7,500.00 *Advanced Payment 2149 of 326 CITY OF EVANSTON, ILR5504003B BILLS LIST 07/24/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2,454,743.17TOTAL *Advanced Payment 2250 of 326 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT Supplemental Bills List Attachment Debt Service Various Wells Fargo Debt Service payments 394,463.13 Various Bank of New York Debt Service payments 13,015.63 407,478.76 General 1910.62655 Secap Secap Lease Monthly 255.05 255.05 Home 5430.6249 Chicago Title & Trust Down Payment Assisstance 13,100.00 13,100.00 Insurance Various IPBC Health Insrance premium 1,094,883.85 Various Various Worker's Comp 3,088.80 Various Various Casualty Loss 84,596.91 Various Various Casualty Loss 4,710.00 Various Various Worker's Comp 20,663.49 Various Various Casualty Loss 11,602.60 1,219,545.65 NSP2 5082.62486 Attorneys' Title Guaranty NSP2 Acquisition-Real Estate Close 98,953.82 98,953.82 1,739,333.28 Grand Total 4,194,076.45 Prepared by Date Approved by Date CITY OF EVANSTON BILLS LIST PERIOD ENDING 07/24/2012 *Advanced Payment 2351 of 326 For City Council meeting of July 23, 2012 Item A3.1 Business of the City by Motion: Sherman Plaza Maintenance Plan For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Martin Lyons, Chief Financial Officer Rickey A. Voss, Parking/Revenue Manager Subject: Business of the City by Motion for a Maintenance Plan Agreement for Sherman Plaza in the Amount of $115,000 beginning August 23, 2012 through August 22, 2013 Date: July 16, 2012 Recommended Action: The Parking/Transportation Committee and staff recommend approval to continue a maintenance agreement for Sherman Plaza that was established in 2006. The agreement covers the period of August 23, 2012 through August 22, 2013. Funding Source: Funding is provided by the Parking Fund. Account 7036.62660 Amount: $115,000 Summary: On August 23, 2006, the City Manager’s Office entered into a maintenance plan agreement involving Sherman Plaza. The Reciprocal Easement Agreement for the Sherman Plaza development, approved in November 1999, has a provision that the maintenance responsibilities of the various parties involved be defined in a maintenance plan. The agreement made provisions for a maximum not-to-exceed amount of $115,000 for the City and as noted below our previous years expenses were below $90,000. The plan is an agreement between the retail owner (currently owned by MB Evanston Sherman, LLC), the condominiums (The Residents of Sherman Plaza Condominium Association), and the City (owners and operators of the garage). The plan was developed to give a high level of maintenance throughout the facilities. A considerable amount of effort was put into establishing the desired frequency of maintenance which would provide the best end result, while recognizing the need to do this at a reasonable cost. The details of the responsibilities of the parties are clearly defined in the agreement. Memorandum 52 of 326 Page 2 of 2 The tasks have been listed and then divided among the parties according to their share in the financial responsibility of the task. Each task has a lead agency that is responsible for keeping up with the actual performance of the maintenance, as well as the tracking of the funds expended to perform the task. This financial tracking is the basis for allocation of the costs to the appropriate party. The City is currently paying $7016 per month ($84,192 annually), Inland America Retail Management, LLC, $7431 per month ($89,172 annually)) and The Residents of Sherman Plaza Condominium Association, $703 per month ($8436 annually) for a total cost of $181,795 per year. This total covers Sherman Plaza Janitorial expenses. On major items which have no prior agreement (a large, unexpected repair, for example), there is a provision that requires the responsible party to seek approval from the others if the expenditure is greater than $10,000. In addition, the term of the agreement provided an automatic renewal for successive one-year periods. The plan has provided a high level of service throughout Sherman Plaza. Inland America Retail Management, LLC currently oversees the maintenance agreement for elevator lobbies, joint entries, exterior sidewalks and other common use areas. The Transportation/Parking Committee recommended approval at the June 27, 2012 meeting. ---------------------------------------------------------- Attachments: Copy of Original Agreement Copy of Responsibility Schedule 53 of 326 54 of 326 55 of 326 56 of 326 57 of 326 58 of 326 59 of 326 60 of 326 61 of 326 62 of 326 63 of 326 64 of 326 65 of 326 66 of 326 67 of 326 68 of 326 Previously Approved AllocationDivC R G Condo Assoc. Retail Garage (City) TOTALRationale0CECO Vault CECO Room Exhaust, Door, Hardware, & FinishesX33.33% 33.33% 33.33% 100.00%Shared Benefit0CondoDoormanXX100.00% 0.00% 0.00% 100.00%Condo Specific0CondoShared Emergency Stair Tower Doors, Hardware & Finishes at 1st and 2nd FloorsX50.00% 50.00% 0.00% 100.00%Shared Benefit0GarageEngineering Reports (Bi-Annual)XX 19.04% 0.00% 80.96% 100.00%REA0GaragePay StationsXX 0.00% 0.00% 100.00% 100.00%Garage Specific0Housekeeping Condo HallwaysXX100.00% 0.00% 0.00% 100.00%Condo Specific0Housekeeping Condo Main LobbyXX100.00% 0.00% 0.00% 100.00%Condo Specific0Housekeeping Condo Elevator LobbiesXX100.00% 0.00% 0.00% 100.00%Condo Specific0Housekeeping Garage - Public Decks to SidewalksXX 0.00% 0.00% 100.00% 100.00%Garage Specific0Housekeeping Garage - Enclosed Condo DecksXX100.00% 0.00% 0.00% 100.00%Condo Specific0Housekeeping Garage/Retail Vestibules & Elevator CabsXX0.00% 6.25% 93.75% 100.00%REA0Housekeeping Loading DockXX33.33% 66.67% 0.00% 100.00%REA0Housekeeping Retail CorridorsXX0.00% 100.00% 0.00% 100.00% September 20, 2007 Letter Agreement0Housekeeping Sidewalks (Includes Snow Removal & Salt)XX0.00% 83.60% 16.40% 100.00%Updated at August 8, 2008 Meeting with Condo Management, Retail Management, & City of Evanston. Condo Association to handle their own snow removal. 0Insurance Individual ParcelsXX X X0Loading Dock ManagerXX17.27% 56.85% 25.88% 100.00% September 20, 2007 Letter Agreement0Loading Dock Retail Dock BaysXX0.00% 100.00% 0.00% 100.00%REA0Loading Dock Condo Dock BaysXX100.00% 0.00% 0.00% 100.00%REA0Loading Dock Loading Dock Shared Service Aisle and Misc. Shared Infrastructure Including (Not Limited To) Toilet Room, Louvers, Hand Rails, & SignageXX33.33% 66.67% 0.00% 100.00%REA0TrashTrash RemovalXX X X0WaterCooling TowersXX X0Window Washing Tower ExteriorXX100.00% 0.00% 0.00% 100.00%Condo Specific0Window Washing Garage SW InteriorXX 0.00% 0.00% 100.00% 100.00%Garage Specific0Window Washing Garage SW ExteriorXX 0.00% 0.00% 100.00% 100.00%Garage Specific0Window Washing Garage NE Interior (2-12)XX 0.00% 0.00% 100.00% 100.00% Changed from Original Agreement0Window Washing Garage NE Exterior (2-12)XX 0.00% 0.00% 100.00% 100.00% Changed from Original Agreement0Window Washing Condo LobbyXX100.00% 0.00% 0.00% 100.00%Condo Specific0Window Washing Ground NE LobbyXX0.00% 100.00% 0.00% 100.00%Primarily Retail0Window Washing Retail ExteriorXX X XTenants2Detention Basin Detention Basin & Related InfrastructureXX 20.44% 40.16% 39.40% 100.00%REA2Landscaping Plantings within Concrete Streetscape PlantersXX 0.00% 0.00% 100.00% 100.00%Confirmed at August 8, 2008 Meeting with Condo Management, Retail Management, & City of Evanston.ItemSHERMAN PLAZA MAINTENANCE PLANPrepared by Focus Property ManagementJuly 16, 2012ResponsibilityCost AllocationsX:\City Council Meetings\Agendas, Council\Council Agenda '12\7-23-12\APW\Sherman Agreement\Sherman Plaza Maintenance Plan 0808087/16/2012 2:51 PMPrepared By: Focus DevelopmentPage 1 of 369 of 326 Previously Approved AllocationDivC R G Condo Assoc. Retail Garage (City) TOTALRationaleItemSHERMAN PLAZA MAINTENANCE PLANPrepared by Focus Property ManagementJuly 16, 2012ResponsibilityCost Allocations2Landscaping Plantings within Decorative PotsXX0.00% 100.00% 0.00% 100.00%Confirmed at August 8, 2008 Meeting with Condo Management, Retail Management, & City of Evanston.2Landscaping Shrubs with Garage Passageway Between LA Fitness and Cereality SpaceXX0.00% 100.00% 0.00% 100.00%Confirmed at August 8, 2008 Meeting with Condo Management, Retail Management, & City of Evanston.2Landscaping Green RoofXX100.00% 0.00% 0.00% 100.00%Condo Specific2Landscaping Streetscape Irrigation SystemXX0.00% 100.00% 0.00% 100.00%Confirmed at August 8, 2008 Meeting with Condo Management, Retail Management, & City of Evanston.2Landscaping Streetscape LightingXX0.00% 100.00% 0.00% 100.00%Confirmed at August 8, 2008 Meeting with Condo Management, Retail Management, & City of Evanston.2Streetscape Sidewalk Cleaning & Pressure WashingXX0.00% 100.00% 0.00% 100.00%Confirmed at August 8, 2008 Meeting with Condo Management, Retail Management, & City of Evanston.2Streetscape Sidewalk Maintenance & Repair (Brick Pavers)XX 0.00% 0.00% 100.00% 100.00%Confirmed at August 8, 2008 Meeting with Condo Management, Retail Management, & City of Evanston.7RoofingTowerXX100.00% 0.00% 0.00% 100.00%Condo Specific7RoofingGarageXX 19.04% 0.00% 80.96% 100.00%Garage Specific7RoofingRetailXX0.00% 100.00% 0.00% 100.00%Retail Specific7RoofingGreen Roof (3rd, 6th, & 7th Floor)XX100.00% 0.00% 0.00% 100.00%Condo Specific7RoofingAdjacent to Cooling TowersXX0.00% 100.00% 0.00% 100.00%Designated Retail7Thermal & Moisture ProtectionExpansion / Architectural Joints Between Condo, Retail & Garage (P10 Line)X 40.00% 10.00% 50.00% 100.00%Shared Benefit7Thermal & Moisture ProtectionExpansion / Architectural Joints Between Garage & Retail at NE StairX0.00% 75.00% 25.00% 100.00%Shared Benefit8Doors & Windows Canopy GlassX X8Doors & Windows Shared Loading Dock O.H. Doors, Man Doors, and Related HardwareX33.33% 66.67% 0.00% 100.00%REA8Doors & Windows Automatic Door Openers at Garage PassagewayX 0.00% 0.00% 100.00% 100.00%Garage Specific, Not Required for Retail10Specialties Fabric AwningsX0.00% 84.00% 16.00% 100.00%Primarily Retail but Certain Awnings on Davis are Garage Specific14Elevator/Escalator Retail (Barnes & Noble car)XTenant14Elevators Garage (3 SW Cars)XX 0.00% 0.00% 100.00% 100.00%Garage Specific14Elevators Garage (3 NE Cars)XX 0.00% 12.50% 87.50% 100.00%Shared Benefit (LA Fitness on 2nd Floor)14Elevators Condo (Dedicated Garage Elevator)XX100.00% 0.00% 0.00% 100.00%Condo Specific14Elevators Condo (Mid-rise cars)XX100.00% 0.00% 0.00% 100.00%Condo Specific14Elevators Retail (Red Door Spa car)XXRetail Specific14Engineering Barnes & Noble Rooftop HVACXTenantTenantTenantX:\City Council Meetings\Agendas, Council\Council Agenda '12\7-23-12\APW\Sherman Agreement\Sherman Plaza Maintenance Plan 0808087/16/2012 2:51 PMPrepared By: Focus DevelopmentPage 2 of 370 of 326 Previously Approved AllocationDivC R G Condo Assoc. Retail Garage (City) TOTALRationaleItemSHERMAN PLAZA MAINTENANCE PLANPrepared by Focus Property ManagementJuly 16, 2012ResponsibilityCost Allocations15Fire Protection Fire Pump, Controller, & Other Shared Components Including Scheduled TestingX60.00% 24.00% 16.00% 100.00%Shared Benefit15Fire Protection Loading Dock Dry SystemX33.33% 66.67% 0.00% 100.00%REA15Mechanical Condo Cooling Towers & Chillers (2)XX100.00% 0.00% 0.00% 100.00%Condo Specific15Mechanical Condo BoilersXX100.00% 0.00% 0.00% 100.00%Condo Specific15Mechanical Loading Dock Radiant Heat Boiler for SoffitXX33.33% 66.67% 0.00% 100.00%REA15Mechanical Retail Cooling TowerXX0.00% 100.00% 0.00% 100.00%Retail Specific15Mechanical Mechanical Screens for Cooling TowersX66.67% 33.33% 0.00% 100.00%Shared Benefit15Mechanical Loading Dock General Exhaust SystemX33.33% 66.67% 0.00% 100.00%REA15Plumbing Exterior Hose BibsXX0.00% 100.00% 0.00% 100.00% Changed from Original Agreement15Plumbing Domestic Water Pumps, Primary Water Distribution & Pump Room Door, Hardware & FinishesX65.00% 35.00% 0.00% 100.00%Condo Management, Retail Management, & City of Evanston to Reevaluate Based on Actual Water Bills15Plumbing Loading Dock Catch Basin & Sump PumpX33.33% 66.67% 0.00% 100.00%REA16Communications Incoming Phone Service Including Shared Loading Dock Phone Closet, Door, Hardware & FinishesX33.33% 33.34% 33.33% 100.00%Shared Benefit16Electrical Exterior Lighting, Bulbs, Electricity @ Retail Levels & StreetscapeXX0.00% 100.00% 0.00% 100.00%Changed from Original Agreement16Electrical Garage LightingXX 0.00% 0.00% 100.00% 100.00% Changed from Original Agreement16Electrical Emergency Generator, ATS, UPS, Fuel, Exhaust, Maintenance, Generator Room Door, Hardware & FinishesX 63.00% 16.00% 21.00% 100.00% Shared Benefit16Electrical Loading Dock Lighting, Bulbs, & ElectricityX33.33% 66.67% 0.00% 100.00%REA16Electrical Lighting at Decorative Eyebrow @ Sherman Ave.X0.00% 100.00% 0.00% 100.00%16Fire Alarm Fire Alarm/Life Safety System Monitoring & MaintenanceXXX16Fire Alarm Shared Condo/Retail Fire Alarm Room Doors, Hardware & FinishesX50.00% 50.00% 0.00% 100.00%Shared Benefit27TaxesIndividual ParcelsX XXXX:\City Council Meetings\Agendas, Council\Council Agenda '12\7-23-12\APW\Sherman Agreement\Sherman Plaza Maintenance Plan 0808087/16/2012 2:51 PMPrepared By: Focus DevelopmentPage 3 of 371 of 326 For City Council meeting of July 23, 2012 Item A3.2 Business of the City by Motion: Roof Replacement for Police/Fire Headquarters For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Douglas J. Gaynor, Director of Parks, Recreation & Community Services Paul D’Agostino, Superintendent of Parks, Forestry & Facilities Stefanie Levine, Assistant Superintendent of Parks, Forestry & Facilities Subject: Contract Award Recommendation for the 2012 Roof Replacement Project at the Police-Fire Headquarters, Bid #12-145 Date: July 23, 2012 Recommended Action: Staff recommends approval of the 2012 Roof Replacement Project at the Police/Fire Headquarters to L. Marshall, Inc., located at 2100 Lehigh Avenue, Glenview, Illinois 60026 in the amount of $384,000. Funding Source: Funding is provided by: CIP Account # 415739: $400,000 CIP Account # 415227: $ 10,000 Total Funding: $410,000 Summary: The Police/Fire Headquarters roof is divided into ten sections. Over the past 14 years, all sections except the southwest roof (roof area 9) have been replaced. Roof Area 9 currently has a ballasted roof system which is actively leaking at multiple locations. Due to the ballast, it has not been possible to pinpoint the sources of the leaks. The roofing membrane is also showing stress at its perimeter attachment, indicating possible failure in the near future. Additionally, the building’s northernmost roof (Roof Area 2) leaked in 2010 due to a lack of through wall flashing at an adjacent staircase tower which caused a large area of the insulation under this roof to absorb water. The wet materials under Roof Area 2 have resulted in a loss in insulating value for the building as well as potential deterioration of the concrete deck. Roof Area 2 was installed in 1998 and due to its compromised status it is no longer under warrantee. Through wall flashing repairs Memorandum 72 of 326 to the staircase tower were performed in 2010 as part of the parapet wall repair project, but the damaged roof has not yet been repaired. In February 2012 the City employed consulting firm of McGuire Igleski & Associates to investigate the extent of damage, prepare contract documents and provide construction administration services for this project. Construction documents, prepared in spring 2012, include base bid replacement of Roof Area 9, base bid repairs to Roof Area 2 and two alternates as described below. The project was publicly advertised for bid on June 14, 2012. Bids were opened and publicly read on July 10, 2012. A total of three bids were received as follows: Contractor Address Base Bid Alt. 1 Alt. 2 L. Marshall, Inc. 2100 Lehigh Avenue, Glenview, IL.60026 $287,000.00 +$97,000.00 -$2,800.00 Knickerbocker Roofing Co. Inc. 16851 S. Cathrop Ave. Harvey, IL.60426 $316,850.00 +$175,100.00 -$20,000.00 G.E.Riddiford Company 2333 Hamilton Road, Arlington Heights, IL.60005 $344,472.00 +$188,639.00 -$16,158.00 In order to provide greater bidding flexibility, two alternate items were requested as follows: Alternate 1: Replace Roof Area 2 in its entirety in lieu of repairing damaged base bid areas. This alternate was provided as the damage to Roof Area 2 is fairly extensive and the roof is no longer under warrantee. As a result, limiting improvements to repair only will leave the City with a significant roof comprised of an unwarranted patchwork of repairs. Installation of the alternate work for this location will provide the City with a completely new roof including a 20 year material warrantee and a 2 year installation warrantee. Although the cost of this alternate will push costs slightly above the project’s budget, the long-term benefits are immeasurable. Thus, staff recommends accepting this alternate. Funding from the Service Center Locker Room Renovation Project (CIP Account 415227) will be used to balance the budget shortfall created by acceptance of this alternate as this project is now complete and was under budget by approximately $73,000. Alternate 2: Delete base bid removal and replacement of curb caps at existing HVAC equipment. Rooftop HVAC equipment is typically installed on curbs above the roofing membrane in order to provide structural support and keep the equipment dry. Part of the roof replacement work involves increasing the slope on the roof surface itself to provide positive drainage to roof drains. As the slopes are increased, elevations in portions of the roof must be increased as well. The result is that some of the existing roof curbs will need to be raised in order to maintain adequate clearance for winter snow. This 73 of 326 alternate was provided in the event that the City might realize significant savings by not replacing the curb caps at several large HVAC equipment elements. Replacement of curbs is considered a fairly complex process as the equipment needs to be disconnected and then either jacked or craned into its new vertical position. As the cost savings provided by the low bidder is minimal for this adjustment, staff recommends not accepting this alternate so that new curb caps can be installed at the correct heights above the roofing membrane. The low bidder, L. Marshall, Inc., has successfully completed two roofing projects for the City over the past five years. Staff has also checked references of L. Marshall, Inc. and found that they have successfully completed a variety of similar complex roofing projects. One reference, a roofing consultant City staff works with regularly, has worked with L. Marshall Inc., on a variety of jobs. The consultant indicated that L. Marshall Inc. is one of the top ten roofing contractors in Chicagoland and they have successfully completed many jobs for his firm. A second reference at a neighboring municipality indicated that they had worked with the company on four major projects and found them to be highly efficient, on schedule, well-run and a company that they would not hesitate to work with again. Therefore staff recommends approval of the base bid plus alternate 1 to L. Marshall, Inc., for the lump sum amount of $384,000. L. Marshall, Inc. is in compliance with the City’s M/W/EBE goals (please see attached memorandum for additional information). A breakdown of project expenditures is as follows: Item Amount CIP Account #415739 $400,000.00 CIP Account #415227 $10,000.00 Total funding available $410,000.00 * Expenditures / encumbrances to date: -$25,605.60 Recommended bid award -$384,000.00 Balance Remaining $394.40 * Expenditures/encumbrances to date include design costs and bid advertisements. The project is scheduled to begin in September 2012. The current substantial completion deadline is November 2, 2012. ------------------------------------------------------------------------------------- Attachments: MWEBE Memo 74 of 326 Bid No. 12-145, 2012 Roof Replacement Project at Police-Fire Headquarters, M/W/EBE Compliance Approval, L. Marshall, Inc., 7-18-12 To: Douglas J. Gaynor, Director of Parks, Recreation & Community Services From: Joseph McRae, Deputy City Manager Subject: Bid No. 12-145, 2012 Roof Replacement Project at the Police-Fire Headquarters Date: July 18, 2012 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. Regarding Bid No. 12-145 for the 2012 Roof Replacement Project at the Police- Fire Headquarters, L. Marshall, Inc. is found to be in compliance with the City’s goal by subcontracting 25% of the contract work to Garth Building Products, a certified Minority Business Enterprise. L. Marshall, Inc.’s total base bid is $ 287,000.00 and will receive 25% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Garth Building Products, 2741 East 223rd Street, Chicago Heights, IL 60026 Material Supplier $72,000.00 25% X Total M/W/EBE $72,000.00 25% Cc: Marty Lyons, Assistant City Manager/CFO Jewell Jackson, Purchasing & Contracts Manager Memorandum 75 of 326 For City Council meeting of July 23, 2012 Item A3.3 Business of the City by Motion: Debris Hauling and Disposal Contract For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Lara Biggs, Superintendent – Construction & Field Svcs Subject: Contract for 2012 Debris Hauling and Disposal (Bid 12-149) Date: July 12, 2012 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for debris hauling and disposal (Bid 12-149) with KLF Trucking (2300 W. 167th Street, Markham, IL) in the amount of $163,305.00. Funding Source: Funding is provided by the Water Fund, Sewer Fund and General Fund. In FY 2012, funding is allocated in the amount of $110,000.00. The remainder of the contract will occur in FY 2013. The funding breakdown for FY 2012 is shown below: Acct. Number FY 2012 Budget Allocation Water Fund 7115.62415 $ 40,000.00 Sewer Fund 7400.62415 $ 40,000.00 General Fund 2670.62415 $ 30,000.00 Total $110,000.00 This contract will run for five months in FY 2012 and twelve months in FY 2013. The FY 2013 budget will be adjusted as needed. Summary: This contract provides for the hauling and disposal of construction debris for the Utilities Department and Public Works Department. The debris hauling contract will be 17 months long, from August 1, 2012 to December 31, 2013. This contract will have an optional one-year contract extension. Memorandum 76 of 326 The bid for debris hauling & disposal was advertised on June 14, 2012 in the Evanston Review and on Demandstar. Bids were opened and publicly read on July 3, 2012. Three (3) bids were received. The vendors submitting the bids were as follows: Vendor Information: Vendor Address G & L Contractors, Inc. 7401 N. St. Louis Avenue, Skokie, IL G & M Trucking, Inc. 8811 Kathy Lane, Des Plaines, IL KLF Trucking 2300 W. 167th Street, Markham, IL The submitted bids cannot be withdrawn or canceled for a period of sixty (60) calendar days following the bid opening, or until September 1, 2012. The bids were reviewed by Lara Biggs, Superintendent of Construction & Field Services. Below is a bid tabulation summary showing the bid result from the vendors that submitted bids. A detailed summary of bids is attached as Exhibit A. Pricing Summary: Vendor Price KLF Trucking $163,305.00 G & M Trucking, Inc. $190,225.00 G & L Contractors, Inc. $191,700.00 Debris Hauling & Disposal was bid in 2011. The costs received in this bid represent an average 5% increase over the past 12 months. The table below shows this historical pricing of this contract. Item 2011/12 Pricing 2012/13 Pricing Hauling from Cleveland & Hartrey (Utilities Dept): 1 Mixed Dirt & Construction Spoils $230.00 $275.00 2 Broken Concrete $179.50 $179.50 3 Broken Asphalt $222.00 $230.00 4 Uncontaminated Soil $230.00 $230.00 5 Hard to Handle Dirt & Spoils $270.00 $275.00 Hauling from 2020 Asbury (Public Works Dept): 6 Mixed Dirt & Asphalt Grindings from Alleys $230.00 $275.00 7 Broken Concrete $179.50 $179.50 8 Mixed Asphalt & Asphalt Grindings $230.00 $230.00 9 Hard to Handle Dirt & Spoils $270.00 $275.00 77 of 326 There are no sub-contracting abilities related to debris hauling & disposal. A waiver letter for M/W/EBE participation is attached. KLF Trucking is the current debris hauling vendor. Their work for the City has been satisfactory. Attachments: Exhibit A – Summary of Bids MWEBE Memorandum 78 of 326 EXHIBIT A2012 Debris Hauling and DisposalBid No. 12-149Summary of BidsEstimatedUnit Extended Unit Extended Unit ExtendedBid LineDescriptionQuantity Units Price Price Price Price Price PriceCleveland and Hartrey Site1 Mixed Dirt & Construction Spoils175 semi-loads 275.00$ 48,125.00$ 310.00$ 54,250.00$ 320.00$ 56,000.00$ 2 Broken Concrete25 semi-loads 179.50$ 4,487.50$ 180.00$ 4,500.00$ 200.00$ 5,000.00$ 3 Broken Asphalt25 semi-loads 230.00$ 5,750.00$ 285.00$ 7,125.00$ 230.00$ 5,750.00$ 4 Uncontaminated Soil25 semi-loads 230.00$ 5,750.00$ 285.00$ 7,125.00$ 340.00$ 8,500.00$ 5 Hard to Handle Dirt & Spoils120 semi-loads 275.00$ 33,000.00$ 330.00$ 39,600.00$ 340.00$ 40,800.00$ Sub-total 97,112.50$ Sub-total 112,600.00$ Sub-total 116,050.00$ 2020 Asbury Site6 Mixed Dirt & Asphalt Grindings from Alleys 150 semi-loads 275.00$ 41,250.00$ 320.00$ 48,000.00$ 300.00$ 45,000.00$ 7 Broken Concrete15 semi-loads 179.50$ 2,692.50$ 180.00$ 2,700.00$ 200.00$ 3,000.00$ 8 Mixed Asphalt & Asphalt Grindings25 semi-loads 230.00$ 5,750.00$ 285.00$ 7,125.00$ 290.00$ 7,250.00$ 9 Hard to Handle Dirt & Spoils60 semi-loads 275.00$ 16,500.00$ 330.00$ 19,800.00$ 340.00$ 20,400.00$ Sub-total 66,192.50$ Sub-total 77,625.00$ Sub-total 75,650.00$ TOTAL PRICE163,305.00$ TOTAL PRICE190,225.00$ TOTAL PRICE191,700.00$ G&L Contractors, Inc.G&M Contractors, Inc.KLF Trucking79 of 326 Bid No. 12-149, 2012 Debris Hauling and Disposal, M/W/EBE Subcontracting Participation Waived To: David Stoneback, Director of Utilities From: Joseph McRae, Deputy City Manager Subject: Bid No. 12-149 2012 Debris Hauling and Disposal Date: July 18, 2012 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. Bid No. 12-149 for the 2012 Debris Hauling and Disposal contract does not afford M/W/EBE subcontracting opportunities. Therefore, a waiver is granted. Cc: Marty Lyons, Assistant City Manager/CFO Jewell Jackson, Manager of Purchasing & Contracts Memorandum 80 of 326 For City Council meeting of July 23, 2012 Item A4 Business of the City by Motion: Service Center Parking Deck Construction Time Extension For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Douglas J. Gaynor, Director of Parks, Recreation & Community Services Paul D’Agostino, Superintendent of Parks, Forestry & Facilities Stefanie Levine, Assistant Superintendent of Parks, Forestry & Facilities Subject: Change Order #3 for the Service Center Parking Deck Repair Project Bid #12-65 Date: July 23, 2012 Recommended Action: Staff recommends that City Council authorize the City Manager to execute change order #3 with G.A. Johnson & Son for the Service Center Parking Deck Repair Project, which extends the substantial completion deadline from July 20, 2012 to September 10, 2012. Summary: The contractor for the subject project has requested an extension of their substantial completion deadline from July 20, 2012 until September 10, 2012. The requested extension is a result of the following delays which were out of the contractor’s control: 1. Base bid work included removal of a non-functional heating system which was decommissioned in 1999. The removal work involved demolition of an existing piping system throughout the garage and a large boiler at the garage’s north end. The pipe removal needed to be performed before other work could get underway due to its location on the garage ceiling. In order to remove the piping, the system needed to be drained first. Unfortunately, due to the need to perform unanticipated chemical testing and obtain approval from MWRD to drain the piping into the combined sewer system, the contractor was delayed several weeks in initiating the pipe removal process. Additionally, the existing boiler was found to contain Asbestos Containing Materials (ACM) after removal of the boiler’s exterior housing. This issue further delayed the demolition process as additional permitting and ACM contracting services were required. Memorandum 81 of 326 2. A significant amount of additional concrete repair work has been required during the course of this project. This additional repair work was primarily uncovered during base bid demolition of sections of the existing topping slab which revealed severely deteriorated and crumbling precast slabs below. Each additional section of repair has required the contractor to stop his other activities, expose and isolate the additional repairs, shore areas in danger of collapse, review the issues presented by the deterioration with the engineer, prepare the areas for repair and then implement the required corrective work. Overall this additional work has resulted in over one month of delays to the contractor’s efforts. Staff feels that the contractor has actively and effectively worked to address the above issues and recommends that the requested extension be approved. A summary of G.A. Johnson’s base contract and change orders is as follows: Item Amount Substantial Completion Deadline Base Contract $554,880.00 July 20, 2012 Change Order #1 $6,186.24 July 20, 2012 Change Order #2 $13,061.60 July 20, 2012 Change Order #3 $0.00 September 10, 2012 Total to Date Including Change Orders $574,127.84 September 10, 2012 Project Budget Breakdown Item Amount 2012 CIP Project #415224 $700,000.00 FY 2012 Expenditures / encumbrances to date -$594,741.18 Recommended change order $0.00 Remaining Balance $105,258.82 ------------------------------------------------------------------------------------- Attachments: Contractor’s extension request 82 of 326 83 of 326 Page 1 of 2 For City Council meeting of July 23, 2012 Item A5 Resolution 26-R-12: Authorizing Local Debt Recovery Program For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Matt Swentkofske, Intergovernmental Affairs Coordinator Subject: Resolution 26-R-12: Authorizing Local Government Debt Recovery Date: July 17, 2012 Recommended Action: Staff recommends adoption of Resolution 26-R-12 authorizing the City Manager to execute an Intergovernmental Agreement with the Illinois Office of the Comptroller for access to the Local Debt Recovery Program to recoup dollars owed to the City of Evanston. Funding Source: Not Applicable Summary: Under a measure enacted by the Illinois General Assembly and signed into law by Governor Quinn on December 16, 2011 (PA 097-0632), the Local Debt Recovery Program will allow the State Comptroller to enter into an Intergovernmental agreement with municipalities, counties, school districts, community colleges, public universities, and other Illinois government entities to collect debt such as parking tickets, fines, fees, and other outstanding financial obligations. Prior to the State Comptroller issuing a state tax refund, commercial payment, payroll or retirement check, the Comptroller will review all outstanding debts owed to institutions maintaining an intergovernmental agreement. It will review these agreements and compare them to individuals who will be receiving state payments referenced above. The amount owed to the institution (City) will be deducted from the payment plus an administrative fee and deposited into the Comptroller Debt Recovery Trust Fund. The affected person or company will be provided with a written notice of the action and has 60 days for appeal. If no appeal is made, the money will be transferred to the organization owed. Payments will be made on a weekly basis preferably by electronic transfer. It will fall upon the organization (City of Evanston) receiving the funds to update the debts owed to reflect payments made or any increases to existing debt. Memorandum 84 of 326 Page 2 of 2 City staff will meet with State Comptroller staff to define the process by which the City will participate in the Local Debt Recovery Program. The next steps include the City providing the Comptroller’s Office with a test file of the names, addresses and taxpayer identification numbers (optional). The Comptroller’s office will analyze the information and provide the City a report of the amount that may be recovered based on historical data. Additionally, the Comptroller’s office will work with the City’s Information Technology Division to define procedures for transmitting and securing resident data. Test Case - Chicago In 2011, the City of Chicago worked with the Comptroller’s Office to evaluate the effectiveness of the Local Debt Recovery Program. The City of Chicago provided the State Comptroller’s Office with approximately 317,000 cases of outstanding debt related to parking tickets, red light violations and other fines amounting to over $96,700,000. The Comptroller matched approximately 51% of the 317,000 total cases to historical payment records through a multiple phase analysis, resulting in 164,794 viable collection cases. Of the 164,794 viable collection cases, 159,420 records qualified for the Local Debt Recovery Program with the remaining 5,374 cases being exempt (See exceptions below). The City of Chicago is expected to recover $20.5 million in the first year of the Local Debt Recovery Program. Exceptions If a resident receives a state payroll check, no more than 25% of the employee’s disposable income may be captured. Additionally, people receiving Senior Circuit Breaker, a Secretary of State refund or an Illinois Pre-Paid Tuition Trust Fund are exempt. Additional Debt Collection Efforts In addition to the proposal outlined above, staff has implemented an Enhanced Collection Program in an effort to recover outstanding debt owed to the City. The Enhanced Collection Program was approved by the City Council as a General Fund balancing item during the FY 2012 Budget process. The primary goal of this program is to ensure that all funds owed to the City of Evanston are recovered in an efficient and effective manner. To facilitate this effort, the City is utilizing the services of a Collection Coordinator on a contractual basis. The Enhanced Collection Program will include additional reporting measures in an effort to track City collection performance. To accomplish this task, the Collection Coordinator will work with staff to prepare an on-going collection report. This collection report will be provided to the City Council on a regular basis for informational and program performance evaluation purposes. Attachments: 1. Resolution 26-R-12 2. Intergovernmental Agreement between the City of Evanston and the Office of the State Comptroller 85 of 326 3/26/2012 26-R-12 A RESOLUTION Authorizing the City Manager to Execute an Intergovernmental Agreement with the Illinois Office of the Comptroller for Access to the Local Debt Recovery Program NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized and directed to sign the intergovernmental agreement (“Agreement”) between the City and the Illinois Office of the Comptroller, attached hereto as Exhibit A and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Agreement as he may determine to be in the best interests of the City. SECTION 3: This Resolution 26-R-12 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: __________________, 2012 86 of 326 26-R-12 ~ 2 ~ EXHIBIT A Intergovernmental Agreement Between the City and the Illinois Office of the Comptroller 87 of 326 Page 1 of 7 INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE ILLINOIS OFFICE OF THE COMPTROLLER AND THE CITY OF EVANSTON REGARDING ACCESS TO THE COMPTROLLER’S LOCAL DEBT RECOVERY PROGRAM This Intergovernmental Agreement (“the Agreement”) is hereby made and entered into as of the date of execution by and between the Illinois Office of the Comptroller (hereinafter “IOC”) and the City of Evanston (hereinafter “the City”), in order to provide the City access to the Local Debt Recovery Program for purposes of collecting both tax and nontax debts owed to the named City. Each of the parties hereto is a “public agency” as defined in Section 2 of the Intergovernmental Cooperation Act (5 ILCS 220/2). WHEREAS, both the State of Illinois and the City have a responsibility to collect debts owed to its respective public bodies; WHEREAS, IOC operates a system, known as the Comptroller’s Offset System (hereinafter, “the System”), for collection of debt owed the State by persons receiving payments from the State; WHEREAS, the Illinois General Assembly specifically provided for the ability of the City to utilize the System when it amended Section 10.05 and added Section 10.05d to the State Comptroller Act (P.A. 97-632; 15 ILCS 405/10.05 and 10.05d); WHEREAS, IOC and the City are empowered under the Illinois Constitution (ILL.CONST.Art. VII, Sec. 10), Section 3 of the Intergovernmental Cooperation Act (5 ILCS 220/3), and Section 10.05d of the State Comptroller Act (hereinafter, “the Act”) (15 ILCS 405/10.05d) to contract with each other in any manner not prohibited by law; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: ARTICLE I – PURPOSE The purpose of the Agreement between the IOC and the City is to establish the terms and conditions for the offset of the State’s tax and nontax payments in order to collect tax and nontax debts owed to the City. ARTICLE II – AUTHORITY The authority for State payment offset is granted under Section 10.05 of the Act (15 ILCS 405/10.05) and the authority for entering into this Agreement is granted under Section 10.05d of the Act (15 ILCS 405/10.05d), Section 3 of the Intergovernmental Cooperation Act (5 ILCS 220/3), and Article VII of the Illinois Constitution (ILL.CONST., Art. VII, Sec. 10). 88 of 326 Page 2 of 7 ARTICLE III – STATE PAYMENT OFFSET REQUIREMENTS AND OPERATIONS A. Legal Requirements. The offset of State payments shall be conducted pursuant to the authority granted in Section 10.05 and 10.05d of the Act (15 ILCS 405/10.05 and 10.05d) and the requirements set forth in this Agreement. 1. Due Process & Notification. (a) Before submitting a debt to IOC for State payment offset, the City must comply with all of the notification requirements of this Agreement. For purposes of this Agreement, notification of an account or claim eligible to be offset shall occur when the City submits to IOC the following information: (i) the name and address and/or another unique identifier of the person against whom the claim exists; (ii) the amount of the claim then due and payable to the City; (iii) the reason why there is an amount due to the City (i.e., tax liability, overpayment, etc.); (iv) the time period to which the claim is attributable; (v) the local entity to which the debt is owed; (vi) a description of the type of notification has been given to the person against whom the claim exists and the type of opportunity to be heard afforded such person; (vii) a statement as to the outcome of any hearings or other proceedings held to establish the debt, or a statement that no hearing was requested; and (viii) the date of final determination of the debt. (b) IOC will not process a claim under the Agreement until notification has been received from the City that the debt has been established through notice and opportunity to be heard. (c) The City is required to provide the debtor with information about a procedure to challenge the existence, amount, and current collectability of the debt prior to the submission of a claim to IOC for entry into the System. The decision resulting from the utilization of this procedure must be reviewable. 89 of 326 Page 3 of 7 2. Certification. (a) The Chief Officer of the City must, at the time the debt is referred, certify that the debt is past due and legally enforceable in the amount stated, and that there is no legal bar to collection by State payment offset. (b) Only debts finally determined as currently due and payable may be certified to IOC as a claim for offset. (c) The Chief Officer of the City may delegate to a responsible person or persons the authority to execute the statement of the claim required by the Agreement. (d) This delegation of authority shall be made on forms provided by IOC (see Appendix A) and shall contain a signature sample of the person(s) to whom the delegation is made (see Appendix B). (e) For purposes of this Agreement, “Chief Officer of the City” shall mean the City Manager of the City of Evanston. 3. Notification of Change in Status. (a) The City must notify IOC as soon as possible, but in no case later than 30 days, after receiving notice of a change in the status of an offset claim. (b) A change in status may include, but is not limited to, payments received other than through a successful offset, the filing of a bankruptcy petition, or the death of the debtor. B. Operational Requirements. Upon receiving a data file from the City pursuant to Appendix C of this Agreement, IOC will perform a match with the City’s debt file using a debtor’s name, address, or other unique identifier. The City will receive a weekly file from IOC indicating the matches, at which time the City will update its debtor records. 1. Technical Requirements. IOC agrees to work with the City to facilitate information and data procedures as provided for in Appendix C of this Agreement. The City agrees to adhere to the standards and practices of IOC when transmitting and receiving data, as provided for in Appendix C. 2. Fee. A fee shall be charged to the debtor in order to recover the cost to IOC for administrating the System. The fee shall be per offset and shall be $15, unless the offset is for an amount less than $30, in which case the fee shall be for one-half of the amount offset. The fee will be deducted from the payment to be offset prior to issuance to the City. 90 of 326 Page 4 of 7 3. Offset Notices. IOC will send offset notices to the debtor upon processing a claim under the Act and this Agreement. The notice will state that a request has been made to make an offset against a payment due to the debtor, identify the City as the entity submitting the request, provide the debtor with a phone number made available pursuant to Article III, Paragraph B, Section 6 of the Agreement, and inform the debtor that they may formally protest the offset within sixty (60) days of the written notice. 4. IOC Protest Process. If a protest is received, IOC will determine the amount due and payable to the City. This determination will be made by a Hearing Officer and will be made in light of all information relating to the transaction in the possession of IOC and any other information IOC may request and obtain from the City and the debtor subject to the offset. If IOC requests information from the City relating to the offset, the City will respond within sixty (60) days of IOC’s request. IOC may grant the City an additional sixty (60) day extension for time to respond. 5. IOC Hearing Officer. The City hereby agrees to provide the Hearing Officer with any information requested in an efficient and timely manner in order to facilitate the prompt resolution to protests filed as a result of this Agreement. For purposes of this Agreement, any decision rendered by the Hearing Officer shall be binding on the City and shall be the final determination on the matter. The Hearing Officer may continue the review of a protest at his/her discretion in order to assure an equitable resolution. 6. City Call Center. The City hereby agrees to provide a working toll free phone number which IOC will furnish to persons offset under this Agreement. The City shall ensure that the phone number is properly staffed in order to provide information about the debt the City is offsetting under this Agreement. The phone number for purposes of this Section and the Agreement is: (847) 448-4311. 7. Debt Priorities. If a debtor has more than one debt, the debt with the oldest date of delinquency shall be offset first. 8. Transfer of Payment. Transfer of payment by IOC to the City shall be made by electronic funds transfer (EFT). 9. Reversal of Offsets. If IOC determines that a payment is erroneous or otherwise not due to the City, IOC will process a refund of the offset, and refund the amount offset to the debtor. In the event the refund results in only a partial refund to the debtor, IOC will retain the fee referenced in Article III, Paragraph B, Section 2 above. The fee will only be refunded to the debtor in the event of a full refund of the offset amount. 91 of 326 Page 5 of 7 10. City Refunds. The City is responsible for refunding monies to the debtor if an offset occurred due to inaccurate debt information or over collection, and the City has already received payment from IOC. IOC will only refund monies in the event that a payment has not yet been made to the City. ARTICLE IV – PERMISSIBLE USE OF INFORMATION IOC acknowledges that the City is providing sensitive information about local debts for the purpose of conducting offsets under the Agreement. As such, IOC will use the information solely in connection with the Local Debt Recovery Program. IOC shall safeguard the local information in the same manner as it protects State debt information. The City acknowledges that IOC is providing sensitive information about State payments for the purpose of conducting offsets under the Agreement. As such, the City will use the information solely in connection with the Local Debt Recovery Program. The City shall safeguard State information in the same manner as it protects local debt information. The parties may use information in any litigation involving the parties, when such information is relevant to the litigation. ARTICLE V – TERM OF THE AGREEMENT AND MODIFICATIONS The Agreement becomes effective as of the Effective Date and shall remain in effect until it is terminated by one of the parties. Either party may terminate this Agreement by giving the other party written notice at least thirty (30) days prior to the effective date of the termination. Any modifications to the Agreement shall be in writing and signed by both parties. ARTICLE VI – NO LIABILITY TO OTHER PARTIES Except for the fees described in Article III, paragraph B, Section 2 above, each party shall be responsible for its own costs incurred in connection with the Agreement. Each party shall be responsible for resolving and reconciling its own errors, but shall not be liable to any other parties for damages of any kind as a result of errors. Each party shall be liable for the acts and omissions of its own employees and agents. The Agreement does not confer any rights or benefits on any third party. ARTICLE VII – ISSUE RESOLUTION The parties acknowledge that IOC is ultimately responsible for the development, design and operation of the System. Subject to that understanding, the parties agree to work cooperatively to resolve any matters that arise during the development, design and implementation of the program. If an issue cannot be resolved informally by mutual agreement of staff personnel, then the parties agree to elevate the issue to a senior level manager for resolution of the issue. For purposes of the Agreement, the “senior level managers” are: 92 of 326 Page 6 of 7 1. IOC: Ray Marchiori, Director – Department of Government and Community Affairs 2. City: Martin Lyons, Assistant City Manager/ Chief Financial Officer ARTICLE VIII – CONTACTS The points of contacts for this Agreement are: IOC: Alissa Camp, General Counsel Illinois Office of the Comptroller 325 West Adams Springfield, Illinois 62704 Phone: (217) 782-6000 Fax: (217) 782-2112 E-mail: CampAJ@mail.ioc.state.il.us City: Matthew Swentkofske, Intergovernmental Affairs Coordinator City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Phone: (847) 859-7835 Fax: (847) 448-8093 E-mail: mswentkofske@cityofevanston.org ARTICLE IX – ACCEPTANCE OF TERMS AND COMMITMENT The signing of this document by authorized officials forms a binding commitment between IOC and the City. The parties are obligated to perform in accordance with the terms and conditions of this document, any properly executed modification, addition, or amendment thereto, any attachment, appendix, addendum, or supplemental thereto, and any documents and requirements incorporated by reference. By their signing, the signatories represent and certify that they possess the authority to bind their respective organizations to the terms of this document, and hereby do so. (Signature page to follow) 93 of 326 Page 7 of 7 IN WITNESS WHEREOF, the Illinois Office of the Comptroller and the City of Evanston, by the following officials, sign their names to enter into this agreement. ILLINOIS OFFICE OF THE COMPTROLLER By: Date: Name: Title: CITY OF EVANSTON By: Date: Name: Title: 94 of 326 Page 1 of 2 For City Council meeting of July 23, 2012 Item A6 Business of the City by Motion: Agreement Extension for Collection Coordinator For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Louis Gergits, Finance Manager Subject: Extension of Agreement for Collection Coordinator Date: July 23, 2012 Recommended Action: Staff recommends that City Council authorize the City Manager to execute an extension of the agreement with Accountemps for the Collection Coordinator position through December 31, 2012. Funding Source: Funding is provided by Administrative Services Account 1905.62185 with a FY 2012 budget of $50,000 for contractual services associated with the Collection Coordinator position. Staff anticipates these costs will be offset by revenue recovered through the City’s enhanced debt collection efforts in FY 2012. Summary: The Enhanced Collection Program was approved by the City Council as a General Fund balancing item during the FY 2012 Budget process. The primary goal of this program is to ensure that all funds owed to the City of Evanston are recovered in an efficient and effective manner. To facilitate this effort, the City has utilized the services of a Collection Coordinator on a contractual basis through Accountemps. As part of the Enhanced Collection Program, the Collection Coordinator has instituted a variety of internal processes for debt recovery. For example, the Collection Coordinator has worked extensively with City staff and third party collection agencies to assess outstanding debt levels and monitor collection performance. In addition, the Collection Coordinator has interacted with the public on a regular basis to exchange information and negotiate payment of overdue funds. Finally, the Collection Coordinator has compiled and submitted weekly debt recovery status reports to management staff for performance evaluation purposes. Memorandum 95 of 326 Page 2 of 2 The trial period for the Collection Coordinator position began on March 12, 2012. The City pays a rate of $30 per hour for Collection Coordinator services. Through July 13, 2012, the Collection Coordinator has been responsible for recovering $48,735 of outstanding debt owed to the City of Evanston. In contrast, the costs associated with the Collection Coordinator position through July 13, 2012, are approximately $19,095. Thus, the year-to-date costs associated with the Collection Coordinator position have been offset by the City’s debt recovery revenues at a ratio of approximately 2.5 to 1. The Collection Coordinator is also temporarily assuming some responsibilities of the Administrative Adjudications Manager after the current employee resigned effective July 12, 2012. This temporary assignment includes referral of new judgments, coordination of activities, and active oversight of the performance of the Municipal Service Bureau (MSB); MSB provides collections services for the City of Evanston. To continue the City’s enhanced debt recovery efforts, staff recommends extension of the agreement for the Collection Coordinator position through December 31, 2012. Throughout the duration of the agreement, staff will continue to monitor the performance of the City’s Enhanced Collection Program and provide status updates to the City Council on a regular basis. A year-end review of the Enhanced Collection Program will also be provided at the conclusion of the contract term. 96 of 326 For City Council Meeting of July 23, 2012 Item A7 Ordinance 73-O-12: Amending Title 10 Prohibited Parking on Lake Street For Introduction To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Martin Lyons, Director of Administrative Services/CFO Rickey A. Voss, Parking/Revenue Manager Subject: Approval to amend Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 9, Prohibited Parking at Certain Times, Schedule IX- (I). Date: July 16, 2012 Recommended Action: The Transportation/Parking Committee and staff recommend that the City Council approve to amend Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 9, Prohibited Parking at Certain Times, Schedule IX-(I), of the Evanston City Code, to add “At any time, daily except Saturday, Four o’clock (4:00) P.M. to eight o’clock (8:00) P.M. and Sunday”, Lake Street, South side, Maple Avenue to Oak Avenue. Summary: In April 2012, staff was contacted by Reverend Gregory S. Sakowitz, Pastor, Saint Mary Catholic Church, 1012 Lake Street, requesting that consideration be given to allowing parking on the south side of Lake Street between Maple Avenue and Oak Avenue on Saturday evenings. The object of the request was to provide additional parking for parishioners between the hours of four (4) p.m. and eight (8) p.m. for Saturday Mass and other activity. The south side of Lake Street currently prohibits parking at all times except on Sunday. On May 2, 2012, staff met with Chief Eddington to discuss the request and to determine if providing the parking relief would interfere with vehicle traffic flow. The consensus was that it would not based on the time of day and that parking would occur on a Saturday as on Sunday and not during primary travel days of Monday through Friday. It was recommended that the matter be brought to the Transportation/Parking Committee for consideration. On June 27, 2012, the Transportation/Parking Committee recommended approval of the time change. Attachment Ordinance 73-O-12 Memorandum 97 of 326 6/26/12 73-O-12 AN ORDINANCE Amending Certain Portions of City Code Section 10-11-9, Schedule IX, Parking “Prohibited at Certain Times,” Regarding Prohibited Parking on Lake Street WHEREAS, the Illinois Municipal Code, 65 ILCS 5/11-80-2, authorizes the corporate authorities of the City of Evanston to regulate the use of streets and other municipal property; and WHEREAS, the Illinois Vehicle Code, 625 ILCS 5/11-208(a)1, permits local authorities to regulate the standing or parking of vehicles with respect to streets and highways; and WHEREAS, the City regulates street parking through various traffic schedules of City Code Title 10, Chapter 11; and WHEREAS, the City Council finds it to be in the best interests of the City and its residents to amend the times when parking is prohibited along certain portions of Lake Street, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: Section 10-11-9, Schedule IX (I), of the Evanston City Code of 1979, as amended, prohibiting parking “At any time, daily except Sunday” is hereby further amended by deleting the following: (I) At any time, daily except Sunday Lake Street South side, Maple Avenue to Oak Avenue 98 of 326 73-O-12 ~2~ SECTION 2: Section 10-11-9, Schedule IX (I), of the Evanston City Code of 1979, as amended, prohibiting parking “At any time, daily except Sunday” is hereby further amended by adding the following: (I)1 At any time, daily except Saturday, Four o’clock (4:00) P.M. to Eight o’clock (8:00) P.M and Sunday Lake Street South side, Maple Avenue to Oak Avenue SECTION 3: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: If any provision of this Ordinance 73-O-12 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 73-O-12 that can be given effect without the invalid application or provision, and each invalid application of this Ordinance 73-O-12 is severable. SECTION 6: This Ordinance 73-O-12 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 99 of 326 73-O-12 ~3~ Introduced: _________________, 2012 Adopted: ___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 100 of 326 For City Council meeting of July 23, 2012 Item A8 Ordinance 75-O-12: Junk Dealers and Peddlers For Introduction & Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 75-O-12, Amending Title 3, Chapter 15 of the City Code, “Secondhand, Junk and Antique Dealers” Date: July 2, 2012 Recommended Action: Staff requests consideration of 75-O-12. Suspension of the Rules is requested for Introduction and Action on July 23, 2012. Funding Source: N/A Summary: Ordinance 75-O-12 amends Title 3, Chapter 15 of the City Code, which has not been updated since 1985, to more thoroughly regulate Junk Dealers and Peddlers, including scrap metal scavengers. It only requires City-issued licenses for persons who purchase – not just collect – junk and scrap metal, and is vague as to whether licenses are issued to operators, premises, and/or vehicles. §3-15-1 redefines “Junk Peddler” to include scrap collectors, not just purchasers. §3-15-2 makes it clear that there is no “Junk Wagon Operator” license. Junk Wagons may be operated by licensed Junk Dealers and licensed Junk Peddlers. §3-15-3 establishes that licenses issued pursuant to this Chapter are for operators, not premises or vehicles, any person who operates a Junk Wagon for a Junk Dealer must obtain a Junk Peddler license, and the City may refuse to issue a license for cause. §3-15-4 reiterates that licenses are for operators, not premises or vehicles. §3-15-5 remains in its current form except for gender-neutral language and clarifying that licenses are issued to operators, not premises. Memorandum 101 of 326 Page 2 of 2 §3-15-6 would require persons driving Junk Wagons to have a valid driver’s license and auto insurance, as recommended by EPD. It would require persons driving Junk Wagons to carry their City-issued license while transporting junk, that all Junk Wagons be clearly labeled as such, limits the permitted hours for Junk collecting, and prohibits overnight parking of Junk Wagons on residential streets. §3-15-6 also establishes that no Junk license may be transferred from one licensee to another. §3-15-7 creates penalties for operating a Junk business without a license and other, lesser violations of the Chapter. The current version of Chapter 15 relies on the general penalty set forth in Title 1, Chapter 4 of the City Code. §3-15-8 establishes suspension/revocation procedures for Junk licenses, modeled on other licensing provisions in the City Code. The current version of Chapter 15 relies on the general license provisions set forth in Title 3, Chapter 1 of the City Code. A license may be suspended and/or revoked if the licensee violates terms/conditions of the license, as well as if he/she is involved in theft and/or other property-related criminal activity. The other causes for suspension/revocation have to do with unsafe/unsanitary conditions in a Junk Yard, Junk Store, or Secondhand/Antique Dealership. Legislative History: Ordinance 122-O-09, a zoning text amendment, went into effect in February of 2010 and created the “Resale Establishment” use, which applies to all Junk Yards, Junk Stores, and Secondhand/Antique Dealerships. They may operate only by Special Use Permit in the B, C, D, RP, and MXE zoning districts. To date, the City Council has approved one such Special Use for 1610 Maple in the D3 district. Such establishments that opened prior to the effective date of 122-O-09 may continue to operate as legal non-conforming uses pursuant to the regulations in Chapter 6 of the Zoning Ordinance and the terms of their licenses issued pursuant to Title 3, Chapter 15 of the City Code. Attachments: Ordinance 75-O-12 102 of 326   7/2/2012 75-O-12 AN ORDINANCE Amending Title 3, Chapter 15 of the City Code, “Secondhand, Junk and Antique Dealers” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1:   Title 3, Chapter 15 of the Evanston City Code of 1979, as amended (“City Code”), is hereby further amended to read as follows: CHAPTER 15 - SECONDHAND, JUNK AND ANTIQUE DEALERS 3-15-1: DEFINITIONS: For the purposes of administering this Chapter, these definitions shall apply: JUNK: Shall mean and include old iron, brass, copper, tin, lead or other similar basic materials, and rope, bags, rags, wastepaper, paper clippings, scraps of woolens and other textiles, rubber, glass and empty bottles and all articles discarded or no longer used and consisting of any one or more of the materials herein mentioned. JUNK DEALER: Shall mean and include every person, firm or corporation having an established place of business in the City, defined herein as a "Junk Yard" or "Junk Store", and engaged in the business of buying, selling, bartering or exchanging any of the things defined herein as "Junk", whether dealing at wholesale or at retail. JUNK PEDDLER: Every person who uses a "Junk Wagon" as defined herein and travels from place to place within the City for the purpose of engaging in the business of purchasing and/or otherwise collecting Junk or makes a business of purchasing Junk from anyone who desires to sell it and carries it away upon purchasing it. JUNK YARD: Any yard, place or enclosure where Junk is bought, sold or exchanged. JUNK STORE: Any store, shop, warehouse or building where Junk is bought, sold, bartered or exchanged. JUNK WAGON: Every truck, wagon, motor vehicle, push cart or other vehicle used by a Junk Dealer or Peddler in the collection, disposition or transportation of Junk from one place to another, within the City. SECONDHAND DEALER or ANTIQUE DEALER: Any person who carries on the business of dealing in the purchase, barter, exchange or sale of secondhand furniture, jewelry, clothing and miscellaneous articles of personal property not defined herein as Junk, whether advertised or offered for sale, barter or exchange as secondhand or as antiques. 103 of 326 75-O-12 ~2~ 3-15-2: LICENSE REQUIRED: It shall be unlawful for any person to operate a Junk Yard, Junk Store or conduct the business of a Junk Dealer, or Junk Peddler, or operate Junk Wagons as defined hereinabove; and it shall further be unlawful for all Secondhand Dealers or Antique Dealers as defined hereinabove to engage in business within the City without first having obtained a valid license for that purpose, as provided in this Chapter. 3-15-3: ISSUANCE OF LICENSE: The City Manager may grant a license to such persons as shall produce to him/her satisfactory evidence of good character to exercise or carry on the business of dealing in the purchase and sale of secondhand articles or to maintain and operate a Junk business, a Junk Store or a Junk Yard, or to operate as a Junk Peddler or to operate a Junk Wagon within the City, and upon the payment to the City Collector of the license fees provided for under Section 3-15-4 hereof this Chapter, and the posting of bond as provided under Section 3-15-5 hereof this Chapter. The City Manager may refuse to issue/renew a license pursuant to this Chapter if said license would be subject to suspension/revocation for any reason set forth in Section 8 of this Chapter. The City reserves the right to inspect any Junk Wagon, Junk Yard, Junk Store, or Secondhand/Antique Dealership before issuing/renewing a license. A Junk Peddler or Junk Wagon license shall not authorize a Junk Peddler or one licensed to operate a Junk Wagon to operate as a Junk, Secondhand, and/or Antique Dealer; provided, that a Junk, Secondhand, or Antique Dealer may employ such number of Junk Peddlers as he may obtain Junk vehicle licenses for, but in such case it shall be necessary for the Junk Peddler to have who each shall obtain a Junk Peddler license as such Junk Peddler in addition to the license for the Junk vehicle. 3-15-4: LICENSE FEES: The following annual license fees shall be required: Junk Dealer, Junk Store or Junk Yard $313.00 Junk Peddlers, Operators of Junk Wagons $38.00 Secondhand Dealer, Antique Dealer $94.00 3-15-5: BOND AND INSURANCE: Each applicant for a Junk Dealer license to operate the business of Junk Dealer, Junk Store or Junk Yard shall furnish a bond to the City in the amount of ten thousand dollars ($10,000.00), conditioned for the due observance of all ordinances of the City respecting such businesses during the effective period of the license. The bond form shall contain a provision requiring the surety to investigate and defend third party suits. Each person licensed to operate the business of Junk Dealer, Junk Store or Junk Yard shall also supply to the City a certificate of insurance evidencing that public liability insurance with limits of not less than $100,000.00/$300,000.00 on bodily injury and $100,000.00 on property damage is in force, and he/she shall continuously maintain such insurance during the period the license is in effect. 104 of 326 75-O-12 ~3~ 3-15-6: LICENSE CONDITIONS AND RESTRICTIONS: (A) Dealing with Minors: It shall be unlawful for any person having a license from the City under the provisions of this Chapter to purchase or receive from minors, without the written consent of their parents or guardians, any articles of property whatsoever. (B) Plumbing and Electrical Fixtures: No individual, being licensed as a Junk Dealer, or operating a Junk Yard, Junk Store, Junk Wagon or a Junk Peddler, or a Secondhand or Antique Dealer, shall purchase from any person, except from duly certified plumbers, electricians, licensed peddlers or the owners of buildings from which the material is taken, any lead or metal pipe, faucets, boilers or other plumbing material or electric wiring or fixtures. (C) Junk Wagons: 1. Every licensed Junk Peddler and/or Junk Dealer who operates a Junk Wagon shall possess a valid driver’s license and auto liability insurance for his/her Junk Wagon(s), as required by the Illinois Vehicle Code. 2. Every person licensed pursuant to this Chapter shall carry a copy of said license whenever collecting/transporting Junk in a Junk Wagon. 3. Every Junk Wagon shall bear the name, address, and telephone number of the licensee in letters at least two inches (2”) tall. 4. No Junk Dealer or Junk Peddler shall collect Junk within the City before 7:00 a.m. or after 8:00 p.m. on any day. 5. It shall be unlawful to park a Junk Wagon before 7:00 a.m. and after 9:00 p.m. on any day, in any public place on a City block wherein more than one-half (½) of the buildings are used for residential purposes. (D) Licenses Non-Transferable: No license shall be transferred to another person. 3-15-7: PENALTIES: (A) Any person found liable for violating Section 2 of this Chapter shall be fined one hundred dollars ($100.00) for the first such offense, two hundred dollars ($200.00) for the second offense in any one (1)-year period, and five hundred dollars ($500.00) for the third and any subsequent offense in any one (1)-year period. (B) Any person found liable for violating any portion of this Chapter other than Section 2 shall be fined fifty dollars ($50.00) for the first such offense, one hundred dollars ($100.00) for the second offense in any one (1)-year period, and two hundred dollars ($200.00) for the third and any subsequent offense in any one (1)-year period. 105 of 326 75-O-12 ~4~ (C) A separate offense shall be deemed committed each day during which a violation occurs or continues. Any fines shall be debts due and owing to the City that the City may collect by any means allowed by law. 3-15-8: SUSPENSION/REVOCATION; PROCEDURES: (A) Causes for Suspension/Revocation: Any license issued pursuant to the terms of this Chapter shall be subject to suspension and/or revocation for any/all of the following reasons: 1. The licensee or his/her employee(s) violate(s) any of the terms of this Chapter. 2. The licensee is charged and/or convicted of theft, possession of stolen property, and/or related offenses. 3. The premises wherein the licensee operates a Junk Yard, Junk Store, Secondhand Dealership or Antique Dealership suffers from and/or creates any violations of the following portions of the City Code: Title 4, “Building Regulations;” Title 6, “Zoning;” Title 8, “Health and Sanitation.” 4. The licensee is deemed to have maintained a Nuisance Premises, in violation of Section 9-5-4 of the City Code, on the premises wherein he/she operates a Junk Yard, Junk Store, Secondhand Dealership or Antique Dealership. 5. The City or other governmental agency condemns the premises wherein the licensee operates a Junk Yard, Junk Store, Secondhand Dealership or Antique Dealership. (B) Suspension: 1. The City Manager or his/her designee may, upon written notice and without prior warning, notice, or hearing, suspend any license issued pursuant to the terms of this Chapter for cause. When a license is suspended, operations shall immediately cease. 2. Whenever the City Manager or his/her designee suspends a license, the City shall provide written notice to the licensee that his/her license is immediately suspended upon service of the notice, and that he/she may file a written request for a hearing with the License and Measures Inspector within ten (10) calendar days of said notice. If the licensee makes a timely request for a hearing, the City shall hold a suspension/revocation hearing pursuant to the procedures described in this Section. If the licensee fails to file a written request for a hearing in the time allotted, the suspension shall automatically become a final revocation as set forth in this Section. 106 of 326 75-O-12 ~5~ (C) Revocation: The City Manager or his/her designee may, after a hearing held pursuant to the procedures described in this Section, revoke any license issued pursuant to the terms of this Chapter for cause. (D) Hearing Procedures: 1. Not less than ten (10) business days prior to a suspension/revocation hearing for a license issued pursuant to the terms of this Chapter, the City Manager or his/her designee shall send, via registered or certified mail, return receipt requested, a notice of revocation hearing to the licensee at the address provided on the most recent license application. Said notice shall include the following: a. A statement that the license is subject to revocation; b. A statement of the reasons for the suspension/revocation; c. The date and time when the hearing shall occur; and d. The location for said hearing. 2. Hearings shall be conducted by the City Manager or his/her designee in accordance with procedures drafted by the Corporation Counsel. 3. Within ten (10) business days after the close of the hearing, the City Manager or his/her designee shall issue a written decision that shall constitute a final determination for purposes of the Administrative Review Law, 735 ILCS 5/3-101 et seq., as amended. In reaching a decision, the City Manager or his/her designee may consider any of the following: a. The nature of the violation. b. The nature and extent of the harm caused by the licensee's action or failure to act. c. The factual situation and circumstances surrounding the violation. d. Whether or not the action or failure to act was willful. e. The record of the licensee with respect to violations. 3-15-9: SEVERABILITY: That if any provision of this Chapter 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 Chapter that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Chapter is severable. 107 of 326 75-O-12 ~6~ SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel   108 of 326 For City Council meeting of July 23, 2012 Item A9 Ordinance 77-O-12: Increasing Class C Liquor Licenses for Found Restaurant For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Wendy McCambridge, Administrative Adjudication Manager Subject: Ordinance 77-O-12, Increasing the Number of Class C Liquor Licenses to permit issuance to Found Investment, LLC Date: July 2, 2012 Recommended Action: The Local Liquor Commissioner recommends adoption of Ordinance 77-O-12. This ordinance was introduced at the July 9, 2012 City Council meeting. Funding Source: N/A Summary: Ordinance 77-O-12 amends Subsection 3-5-6-(C) of the Evanston City Code of 1979, as amended, to increase the number of Class C liquor licenses from 30 to 31 to permit issuance to Found Investment, LLC d/b/a Found Restaurant. The restaurant location is 1631 Chicago Avenue. Found Investment, LLC submitted completed Class C application materials, and the FBI and state police fingerprint investigations of majority shareholders Amy Morton and Zorine Morton are pending. Legislative History: On June 18, 2012, the Liquor Control Review Board met and voted to recommend an increase in the number of Class C liquor licenses to permit issuance to Found Investment LLC, d/b/a Found Restaurant. Attachments: Ordinance 77-O-12 Application Minutes of June 18, 2012 Liquor Control Review Board meeting Memorandum 109 of 326 7/2/2012 77-O-12 AN ORDINANCE Amending City Code Subsection 3-5-6-(C) to Increase the Number of Class C Liquor Licenses from Thirty to Thirty-One (Found Investment, LLC d/b/a Found Restaurant 1631 Chicago Ave.) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 3-5-6-(C) of the Evanston City Code of 1979, as amended, is hereby further amended by increasing the number of Class C liquor licenses from thirty (30) to thirty-one (31), to read as follows: (C) CLASS C licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a “restaurant”, as defined in Section 3-5-1 of this Chapter. It shall be unlawful for any person licensed hereunder to sell "alcoholic liquor" at a "bar", as defined in Section 3-5-1 of this Chapter, except to persons attending a reception or party not open to the public. Alcoholic liquor may be sold in restaurants holding class C licenses only during the period when their patrons are offered a complete meal. The applicants for the renewal of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be . . . . . . . . . . . . $2,800.00 The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-5-7 of this Chapter, shall be . . . . . . . . . . . . . . $2,940.00 No more than thirty (30) thirty-one (31) such licenses shall be in force at any one time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 110 of 326 77-O-12 ~2~ SECTION 3: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: _________________________, 2012 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 111 of 326 112 of 326 113 of 326 114 of 326 115 of 326 116 of 326 117 of 326 118 of 326 119 of 326 120 of 326 121 of 326 122 of 326 123 of 326 124 of 326 125 of 326 126 of 326 127 of 326 128 of 326 129 of 326 130 of 326 131 of 326 132 of 326 133 of 326 134 of 326 135 of 326 FINAL Page 1 of 2 Liquor Control Board MEETING MINUTES Liquor Control Board Monday, June 18, 2012 1:00 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Marion Macbeth, Patrick Hughes, Byron Wilson and Elizabeth Tisdahl Members Absent: Richard Peach Staff Present: W. Grant Farrar and Wendy McCambridge Others Present: Amy Morton, George Kanellos, Dennis Koukounaras, Jennifer Fisher, Bill Smith Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor Call to Order The Local Liquor Control Commissioner Tisdahl called the meeting to order at 1:00 p.m. All attendees introduced themselves and specified his/her role related to the meeting. NEW BUSINESS Found Restaurant Found Investment, LLC dba Found Restaurant, 1631 Chicago Avenue, Evanston, IL 60201 prospective owner Amy Morton was present. Ms. Morton explained the basic business plan to open a restaurant featuring a local small plate driven menu that is affordable. She is an Evanston resident and feels this is the best place to start her new venture. She envisions purchasing organic locally grown products when available. She is partnering with Connections, Inspiration Café and Greater Chicago Food Depository to hire as many individuals from marginalized populations as possible for entry level positions. The restaurant will be divided up into areas as rooms such as a salon, library, dining room/bar, etc. The Local Liquor Control Commissioner asked the members if there were any concerns over Ms. Morton’s request. No concerns were voiced. The board recommends issuing a Class C Liquor License to be introduced at the City Council meeting on July 9, 2012. Terra An American Bistro Montarra Restaurant Group, LLC dba Terra An American Bistro, 2676 Green Bay Road, Evanston, IL 60201 owners George Kanellos and Dennis Koukounaras were present Mr. Koukounaras explained he and his business partners have a history of working in and/or around restaurant business. The partnership first opened a restaurant in Algonquin called the Montarra Grill. The restaurant has earned awards for its fine food and a three star rating from Phil Vettel. The business partners recently decided to open up a location closer to Chicago and decided Evanston would be ideal. Terra An 136 of 326 FINAL Page 2 of 2 Liquor Control Board American Bistro is currently open and is supervised by the same chef who has been at the Montarra Grill restaurant. The restaurant has been open for over three weeks and the owners have been humbled by the outpouring of positive reviews they have received by the patrons. The Local Liquor Control Commissioner asked the members if there were any concerns over Mr. Kanellos and Mr. Koukounaras request. Mr. Farrar noted that an updated liquor liability certificate needs to be updated and submitted. The board recommends issuing a Class C Liquor License to be introduced at the City Council meeting on July 9, 2012. Discussion and adoption of rules of procedure for liquor license suspension/revocation hearings City Attorney, Grant Farrar, had supplied to the board draft rules of procedure for liquor license suspension/revocation hearings. The board took a moment to review the document. Questions were asked an answered by Mr. Farrar and Commissioner Tisdahl regarding the charging to the licensee costs associated with a court reporter and transcription services, supply of evidence to both sides, and importance of setting rules of procedure. The Local Liquor Commissioner made a finding to adopt the presented rules of procedure for liquor license suspension/revocation hearings after discussion and consideration by the Evanston Liquor Control Review Board. While discussing the subsequent agenda item, Ms. Macbeth recommended an additional rule be adopted regarding failure to comply with findings made by the Evanston Liquor Control Review Board. The additional rule was adopted. Status of non-payment of fine by Vishna Evanston 1st Liquors The fine as of the date of today’s hearing has not been paid on or prior to June 1, 2012 nor has proof of BASSETT training for staff been tendered as stated in the order entered by the Local Liquor Commissioner on May 1, 2012. The Local Liquor Commissioner and Board made a finding to extend the payment and submission date of the fine and proof of BASSETT training to July 1, 2012. Failure to comply on or before that date would result in calling a Liquor Control Board meeting in early July 2012 which may result in further sanctions. Ms. McCambridge informed the board of the expiration of Vishna Evanston 1st Liquors on July 10, 2012. Status of The Keg Mr. Farrar reported that the Illinois Liquor Control Commission issued an order in May to remand the issue back to the City. The attorney representing The Keg has filed a motion to appeal the decision by the Illinois Liquor Control Commission. The City of Evanston can not act until the current motion has been ruled upon by the ILCC. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor at 1:42 p.m., June 18, 2012. Respectfully Submitted, Wendy McCambridge Administrative Adjudication/Liquor Licensing Manager, Legal Department 137 of 326 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, July 23, 2012 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 July 9, 2012 III. ITEMS FOR CONSIDERATION The following two agenda items P1 and P2 relate to amending the Zoning Ordinance and the Zoning Map for property located at 2628 Crawford and 2635 Crawford Avenue in Evanston. (P1) Ordinance 69-O-12 Amending Portions of the Zoning Ordinance, “oCSC Central Street Corridor Overlay District” Evanston Plan Commission and staff recommend that the City Council approve Ordinance 69-O-12 that would amend the Zoning Ordinance to create Sub-area 6a of the Central Street Overlay District (oCSC) that would allow consideration of a drive- through as a special use along Gross Point Road. For Introduction (P2) Ordinance 70-O-12 Amending the Zoning Map to Re-Zone Certain Properties 2635 Crawford Avenue, Evanston Plan Commission and staff recommend approval of Ordinance 70-O-12 to rezone a vacant lot at 2635 Crawford Avenue from an R2 Single Family Residential Zone to a B1a Business District Zone. Adoption requires a favorable vote of three-fourths (3/4) of all the Aldermen elected to the City Council. For Introduction IV. ITEMS FOR DISCUSSION (PD1) Rental Unit Licensing Committee’s Recommendation for Consideration to Amend Title 5, Chapter 8 of the City Code to Require the Licensing of Rental Dwelling Units Staff recommends that the Planning and Development Committee consider and discuss the recommendations of the Rental Unit Licensing Committee. For Discussion 138 of 326 Planning & Development Committee Meeting Agenda Page 2 of 2 July 23, 2012 V. COMMUNICATIONS VI. ADJOURNMENT 139 of 326 Planning & Development Committee Meeting Minutes of July 9, 2012 City Council Chambers – 7:15 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Fiske, D. Holmes, A. Rainey, D. Wilson, M. Wynne STAFF PRESENT: G. Farrar, D. Gaynor, S. Griffin, D. Marino, B. Newman PRESIDING OFFICIAL: Ald. Holmes I. DECLARATION OF QUORUM A quorum being present, Chair Holmes called the meeting to order at 7:19 p.m. II. APPROVAL OF THE JUNE 11, 2012 MEETING MINUTES Ald. Wynne moved approval of the minutes, seconded by Ald. Fiske. The minutes of the June 11, 2012 meeting were approved unanimously 5-0. III. ITEMS FOR CONSIDERATION (P1) Resolution 55-R-12 Designating the Portion of Elinor Place between Wesley Avenue and Ashland Avenue with the Honorary Street Name Sign, “Sharlene Garfield Way” The Citizens’ Advisory Committee on Public Place Names recommends approval of Resolution 55-R-12. Funding for the honorary street name sign program is budgeted in the Streets Materials Account 2670.65115. For Action Ald. Rainey moved approval, seconded by Ald. Wilson. Ald. Wilson said the street is in his ward and that when Ms. Garfield’’s family had suggested it, the neighbors thought it was a great idea. Ms. Garfield has done many things that have made a big impact. Criag Garfield, Charlotte Garfield’s son, of 332 Florence, thanked the Committee for considering naming the street after her. He said sometimes simple things are exceptional. He said she raised 8 foster children aside from her 4 children, she volunteered at Dewey School, the Evanston Food Co-op, and she housed Northwestern graduate students. He said she had been a pillar of the community for 45 years. Chair Holmes said it is wonderful to think of people having been in their homes in Evanston for 45 years, adding that she will be in hers for 50. She said Ms. Garfield is worth recognizing. Ald. Rainey agreed and said it sounded like the things she did were big things, and said the program was created to honor such people. The Committee voted unanimously 5-0 to recommend approval of 55-R-12. DRAFT - NOT APPROVED 140 of 326 Planning & Development Committee Meeting Minutes of 7-9-12 Page 2 of 2 (P2) Approval of Grant to Connections for the Homeless for the Homeless Management Information System (HMIS) The Housing Commission and staff recommend approval of the renewal for the Homeless Management Information System (HMIS) grant to Connections for the Homeless in the amount of $11,000. Funding will be provided by the Affordable Housing Fund (Account 5465.62770). For Action Ald. Wynne moved approval, seconded by Ald. Fiske. The Committee voted 5-0 to recommend approval of the grant. (P3) Resolution 46-R-12, Authorizing Acceptance of $100,000 Grant from the Regional Transportation Authority for Main St. Station Transit Oriented Development Plan & $25,000 Local Match from the Economic Devel. Fund City staff recommends the adoption of Resolution 46-R-12 that will enable the City to receive an approved $100,000 grant from the Regional Transportation Authority (RTA) for a transit oriented development plan at Main and Chicago. Staff recommends that the P&D Committee and City Council authorize the use of $25,000 in Economic Development Funds as the local match. For Action Ald. Fiske moved approval, seconded by Ald. Wynne. Ald. Wilson expressed frustration that $125,000 could be used to make improvements such as bike racks and painting the bridge and cleaning it up, rather than just using it for the study. Ald. Wynne said she shares Ald. Wilson’s frustration but explained that this is how large agencies work: a master plan must be presented in order to get the funding. She added that this is how the CTA improvements were funded 8 years ago. Ald. Fiske agreed with Ald. Wynne that it is frustrating but to not accept the money would be a mistake. She added that the planning must include public participation. Ald. Wilson noted that the fundamental problem is in the process. The Committee voted unanimously 5-0 to recommend approval of 46-R-12, accepting funding and local match. IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT The meeting was adjourned at 7:35 p.m. Respectfully submitted, Bobbie Newman 141 of 326 For City Council meeting of July 23, 2012 Items P1 and P2 Ordinance 69-O-12, Amending the Zoning Ordinance for a Text Amendment and Ordinance 70-O-12, Amending the Zoning Map For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Steve Griffin, Director, Community and Economic Development Dennis Marino, Manager, Planning & Zoning Craig Sklenar, General Planner, Planning and Zoning Subject: Ordinance 69-O-12 Zoning Text Amendment Ordinance 70-O-12 Zoning Map Amendment Date: June 27, 2012 Recommendation Evanston Plan Commission and staff recommend that the City Council approve Ordinance 69-O-12 that would amend the Zoning Ordinance to create Sub-area 6a of the Central Street Overlay District (oCSC) that would allow consideration of a drive- through as a special use along Gross Point Road. Plan Commission and staff also recommend approval of Ordinance 70-O-12 to rezone a vacant lot at 2635 Crawford Avenue from an R2 Single Family Residential Zone to a B1a Business District Zone. Due to the submittal of a Petition from property owners residing within 500’ of the subject property for a map amendment, the Council vote requires a favorable vote of three-fourths (3/4) of all the Aldermen elected to the City Council in order for this amendment to pass. Summary Edgemark Development LLC has applied for a text and map amendment so that they may build a 4,200 square foot Chase Bank that includes two drive-through lanes, an ATM Drive lane and 14 parking spaces. (Proposed site plan is attached.) A text amendment is needed to remove the prohibition of drive-throughs as a special use on the property located at 2628 Gross Point Road. If the drive-through prohibition is removed, a Special Use will also be required to be approved separately by the City Council in the future. The map amendment is needed at 2635 Crawford Avenue so that the Applicant may combine two parcels of land and vacate an alley to create a lot required for this proposed project. The property at 2628 Gross Point Road has been vacant for several years and is the site of a blighted former gas station that currently has underground storage tanks that need to be removed. The property at 2635 Crawford Avenue has been vacant of any structure for over three years. The proposed alley vacation would occur separately in the future by ordinance. Memorandum 142 of 326 Page 2 The Central Street Overlay District (oCSC) has seven subareas. The purpose of these subareas is to allow the district to be tailored to the needs and existing conditions of different areas and conditions along the Central Street corridor. Subareas 3 through 7 prohibit Drive-through facilities. Subarea 6 is centered at the intersection of Gross Point Road and Crawford Avenue. City staff recommended in a memo for the October 26, 2011 meeting of the Zoning Committee that the Commission consider the creation of a new subarea for the oCSC Zone. Subarea 6a would comprise the Applicant’s property, the Sarkis property and the adjacent property to the north of Sarkis (see attached map). This new subarea would limit drive-throughs as a special use and only for this area of the district. A Subarea 6a in the Central Street Overlay District would enable development on a long-standing vacant former gas station site in an appropriate location and preserve the remaining existing Subarea 6. The underlying zoning B1a still sets all drive-throughs as a special use and would require an application for such use to be prepared, heard at a public hearing by the Zoning Board of Appeals, and approval by the City Council. The proposed existing B1a site at the corners of Gross Point Road and Crawford Avenue is appropriate for an auto-centered use, as it was formally a gas station. In addition to the text amendment, Edgemark had filed a map amendment application to rezone the lot at 2635 Crawford Avenue from R2 Single-Family Residential to B1a Business District. The conversion of the residential property to a commercial use, while not unprecedented in the city; is not common. The current vacant lot, in conjunction with the alley vacation and the Citgo property on Gross Point can facilitate a development for Chase that achieves its business goals while still protecting the residential character that abuts the properties with appropriate conditions through a special use. The Applicant’s current plan is compact and is more of a reflection of City staff recommendations and community input given to the applicant in December of 2011. City staff and some residents encouraged the two lot solution in neighborhood meetings and recommended against the three lot proposal to the Plan Commission. The Applicant has participated in two noticed neighborhood meetings concerning this project. The first occurred on October 13, 2011. Neighbors were presented a plan by the Applicant that showed a 4,200 square foot bank structure with 28 parking spaces provided and a four lane drive-through facility on the proposed site. A revised plan was presented at the December 7, 2011 neighborhood meeting that retained the bank structure size, the same amount of parking, but reduced the drive-through facility from four lanes to three. After the Applicant’s appearance at the Zoning Committee for the Plan Commission, they were scheduled to appear in front of the Plan Commission for deliberation on both the text and map amendment. The Applicant requested continuances from the November 9, December 14, 2011; February 08; and March 14, 2012 meetings of the Plan Commission so that it could meet with its client to discuss the proposal further and develop a two parcel strategy. The Applicant appeared in front of the Plan Commission April 12, May 09 and June 20, 2012 for the hearing concerning the map and text amendment. Citizen comment and 143 of 326 Page 3 rebuttal was also provided at this time. During the hearing process a petition was submitted in opposition of the proposed Map amendment from property owners with 500’ of the subject property. Subsection 6-3-4-7 of the Zoning Ordinance requires a favorable vote of three-fourths (3/4), or Seven (7) of the Nine (9) Aldermen to pass. The Plan Commission voted on June 20 to provide a favorable recommendation to the City Council on both the Map and Text Amendment. Legislative History 10/13/11 Applicant presented to the Zoning Committee of the Plan Commission. The proposed zoning changes were recommended for discussion at the Plan Commission 11/09/11, 12/14/11, 02/08/12, and 03/14/12 Applicant Requested a continuance from Plan Commission hearing to consult with their client about an alternative development 04/11/12 – Plan Commission began testimony concerning the text and map amendment. Residents within 500’ of the proposed changes requested a 30 day continuance. 05/09/12 – Residents asked for an additional 30 day continuance due to improper mailed notification – continuance granted 06/20/12 – Plan Commission provided a favorable recommendation to City Council to rezone 2635 Crawford Ave. from R2 to B1a, and to amend the Zoning Ordinance to create Subarea 6a in the Central Street Overlay District (oCSC) Attachments Proposed Ordinance 69-O-12 Proposed Ordinance 70-O-12 Map of Proposed Changes Submitted Petition from residents opposing the Map Amendment Dated May 09, 2012 and updated June 20, 2012. Written Citizen Comment Proposed Site Plan Minutes from the November 09, 2011; December 14, 2011; February 08, 2012; March 14, 2012; April 12, 2012; May 09, 2012; and June 20, 2012 Plan Commission Meetings Plan Commission Packets Detailed Packet information can be found at the following links: April 11, 2012 Hearing May 09, 2012 Hearing June 20, 2012 Hearing 144 of 326 6/27/2012 69-O-12 AN ORDINANCE Amending Portions of Section 6-15-14 of the Zoning Ordinance, “oCSC Central Street Corridor Overlay District” WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt ordinances and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1, et seq.) grants each municipality the power to establish zoning regulations; and WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 1979, as amended, (“the Zoning Ordinance”); and 145 of 326 69-O-12 ~2~ WHEREAS, on October 26, November 9, and December 14, 2011, and February 8, March 14, April 11, May 9, and June 20, 2012, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 11PLND-0081, to consider amendments to the text of Title 6 of the Zoning Ordinance, specifically to Section 6-15- 14, “oCSC Central Street Corridor Overlay District”; and WHEREAS, the Plan Commission received testimony and made written findings pursuant to Subsection 6-3-4-5 of the Zoning Ordinance that the proposed amendment met the standards for text amendments, and recommended City Council approval thereof; and WHEREAS, at its meeting of July 9, 2012, the Planning and Development Committee of the City Council considered and adopted the findings and recommendation of the Plan Commission in case no. 11PLND-0081 and recommended City Council approval thereof; and WHEREAS, at its meetings of July 9and July 23, 2012, 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: 146 of 326 69-O-12 ~3~ SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: Subsection 6-15-14-4-(B) of the Zoning Ordinance is hereby amended to read as follows: (B) Sub-areas Defined. The following sub-areas are defined as part of the Central Street Corridor Overlay District: Sub-area 1 – Multifamily Residential A. This sub-area is based on properties having a base zoning district of R4 Sub-area 2 – Multifamily Residential B. This sub-area is based on properties having a base zoning district of R5. Sub-area 3 – Office. This sub-area is based on properties having a base zoning district of O1. Sub-area 4 – Mixed-Use A. This sub-area is based on neighborhood commercial properties having a base zoning district of B1a. Sub-area 5 – Mixed-Use B. This sub-area is based on commercial properties having a base zoning district of B1a. Sub-area 6 – Gross Point/Crawford Mixed-Use. This sub-area is based on properties surrounding the intersection of Gross Point Road, Crawford Avenue, and Central Street, having a base zoning district of B1a. Sub-area 6a – This sub-area is based on properties surrounding the intersection of Gross Point Road and Crawford Avenue having a base zoning district of B1a. Sub-area 7 – Green Bay Commercial. This sub-area is based on properties along Green Bay Road having a base zoning district of C2. SECTION 3: Subsection 6-15-14-5 of the Zoning Ordinance is hereby amended to read as follows: 6-15-14-5: ADDITIONAL USES: (A) Uses listed under (A) “Additional Permitted Uses” in Table 1 shall be permitted in the oCSC District, in the indicated sub-area. These uses are in addition to those permitted in the base zoning district. 147 of 326 69-O-12 ~4~ (B) Uses listed under (B) “Additional Special Uses” in Table 1 may be allowed in the oCSC District in the indicated sub-area subject to the general provisions set forth in Section 6-3-5 of this Title, and the special provisions contained herein. SECTION 4: Subsection 6-15-14-6 of the Zoning Ordinance is hereby amended to read as follows: 6-15-14-6: PROHIBITED USES: Uses shown in Table 2 shall be prohibited in the indicated sub-area. This prohibition supersedes any permitted uses identified in the base zoning district. Table 2: PROHIBITED USES TABLE 1: ADDITIONAL USES Sub-area (A) Additional Permitted Uses (B) Additional Special Uses 1 None. None. 2 None. None. 3 Retail goods establishment (on ground floor only) Retail services establishment (on ground floor only) Commercial Indoor Recreation. Performance Entertainment Venue. Dormitory. Cultural Facility. 4 None. Commercial Indoor Recreation. Performance Entertainment Venue. Cultural Facility. 5 None. Commercial Indoor Recreation. Performance Entertainment Venue. Cultural Facility. 6 Automobile Service Station. Commercial Indoor Recreation. Performance Entertainment Venue. Cultural Facility. 6a Automobile Service Station. Commercial Indoor Recreation. Performance Entertainment Venue. Cultural Facility. 7 None. Commercial Indoor Recreation. Performance Entertainment Venue. Cultural Facility. 148 of 326 69-O-12 ~5~ Sub-area Prohibited Uses 1 2 3 Drive-through facility. 4 Drive-through facility. 5 Drive-through facility. 6 Drive-through facility. 6a 7 Drive-through facility. SECTION 5: Subsection 6-15-14-8-(A) of the Zoning Ordinance is hereby amended to read as follows: (A) Maximum Building Height. The maximum building height in the oCSC district, without bonuses, is shown in Column (A) of Table 3: “Maximum Building Height,” in both feet and number of stories. The maximum height is the shorter of the two. TABLE 3. BUILDING HEIGHT (A) Maximum Building Height (the shorter of) Sub-area Feet Stories (B) Transitional Height Plane applies to properties adjacent to districts listed below (C) 10% Required Stepback 1 35 2.5 None None 2 45 4 R1, R2, R3, R4 None 3 52 5 R1, R2, R3, R4 3rd story and above 4 35 3 R1, R2, R3, R4 10%: 2nd story and above 15%: 3rd story and above* 5 45 4 R1, R2, R3, R4 2nd story and above 6 45 4 R1, R2, R3, R4 3rd story and above 6a 45 4 R1, R2, R3, R4 3rd story and above 7 45 4 R1, R2, R3, R4 3rd story and above *See text of (C), below regarding the location of the additional 15% setback. 149 of 326 69-O-12 ~6~ SECTION 6: Table 4, “Floor Area Ratio,” in Subsection 6-15-14-9 of the Zoning Ordinance is hereby amended to read as follows: TABLE 4: MAXIMUM FAR Sub-area (A) Maximum FAR without bonuses (B) Maximum FAR with bonuses 1 None None 2 None None 3 1.4 2.0 4 1.4 2.0 5 1.4 2.0 6 1.4 2.0 6a 1.4 2.0 7 1.0 2.0 SECTION 7: Table 5, “Development Bonuses,” in Subsection 6-15-14-11 of the Zoning Ordinance is hereby amended to read as follows: TABLE 5: DEVELOPMENT BONUSES Sub-area (A) Extra Parking (B) Underground Parking 1 2 3 Available 4 Available Available 5 Available Available 6 Available Available 6a Available Available 7 Available SECTION 8: Table 6, “Pedestrian Area Requirements,” in Subsection 6- 15-14-12 of the Zoning Ordinance is hereby amended to read as follows: TABLE 6: PEDESTRIAN AREA REQUIREMENTS 150 of 326 69-O-12 ~7~ Minimum Width Along Central, Green Bay, Gross Point, Crawford Minimum Width Along Side Street Frontage Sub-area (B) Clear Zone (C) Parkway/ Street Furniture Zone Minimum Pedestrian Area Width (A) + (B) (B) Clear Zone (C) Parkway/Street Furniture Zone Minimum Pedestrian Area Width (A) + (B) 1 5’ 9’ 14’ 5’ 9’ 14’ 2 5’ 9’ 14’ 5’ 9’ 14’ 3 8’ 6’ 14’ 10’ 10’ 20’ 4 8’ 6’ 14’ 10’ 10’ 20’ 5 8’ 6’ 14’ 10’ 10’ 20’ 6 15’ 15’ 30’ 15’ 30’ 30’ 6a 15’ 15’ 30’ 15’ 30’ 30’ 7 8’ 6’ 14’ 10’ 10’ 20’ 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 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. 151 of 326 69-O-12 ~8~ Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 152 of 326 6/27/2012 70-O-12 AN ORDINANCE Amending the Zoning Map to Re-Zone Certain Properties Near the Intersection of Central Street, Crawford Avenue, and Gross Point Road 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 153 of 326 70-O-12 ~2~ WHEREAS,on October 26, November 9, and December 14, 2011, and February 8, March 14, April 11, May 9, and June 20, 2012, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 11PLND-0076, to consider amendments to the Zoning Map, cited in Section 6-7-2 of the Zoning Ordinance, to re- zone properties located at or near the intersection of Central Street, Crawford Avenue, and Gross Point Road; and WHEREAS,prior to the close of said Plan Commission hearing, owners of more than thirty percent (30%) of the properties located within five hundred feet (500’) of the properties subject to the proposed map amendment signed and submitted petitions in protest of said map amendment, thereby requiring, pursuant to Subsection 6-3-4-7 of the Zoning Ordinance, the favorable vote of three-fourths (¾), or seven (7) of the nine (9) Alderman in order to pass; and WHEREAS,the Plan Commission received testimony and made written findings pursuant to Subsection 6-3-4-5 of the Zoning Ordinance that the proposed amendment met the standards for map amendments, and recommended City Council approval thereof; and WHEREAS,at its meeting of July 9, 2012, the Planning and Development Committee of the City Council considered and adopted the findings and recommendation of the Plan Commission in case no. 11PLND-0076 and recommended City Council approval thereof; and WHEREAS, at its meetings of July 9 and July 23, 2012, the City Council considered and adopted the records and recommendations of the Plan Commission and Planning and Development Committee; and 154 of 326 70-O-12 ~3~ 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. SECTION 2: The City Council hereby amends the Zoning Map to re- zone the property legally described in Exhibit A and identified in Exhibit B, both attached hereto and incorporated herein by reference, from R2 Single-Family Residential to B1a Business District. SECTION 3: The City Council hereby amends the Zoning Map to re- zone the properties legally described in Exhibit C and identified in Exhibit D, both attached hereto and incorporated herein by reference, from sub-area 6 to sub-area 6a of the oCSC Central Street Corridor Overlay District. 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. 155 of 326 70-O-12 ~4~ SECTION 6: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Ayes: ______________ Nays: ______________ Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 156 of 326 70-O-12 ~5~ EXHIBIT A Legal Description of Property Re-Zoned to B1a Business District LOT 6, EXCEPT THAT PART THEREOF FALLING IN CRAWFORD AVENUE AS OPENED, IN BLOCK 4 IN FIRST ADDITION TO EVANSTON HIGHLANDS, BEING A SUBDIVISION OF LOT 45 IN COUNTY CLERK’S DIVISION OF THE WEST ½ OF FRACTIONAL SECTION 33, TOWNSHIP 42 NORTH,RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAN THEREOF RECORDED JUNE 13, 1924, AS DOCUMENT NUMBER 8465370, ALL IN COOK COUNTY,ILLINOIS. PIN: 05-33-311-035-0000 COMMONLY KNOWN AS: 2635 Crawford Avenue, Evanston, Illinois. 157 of 326 70-O-12 ~6~ EXHIBIT B Map of Property Re-Zoned to B1a Business District 158 of 326 Property to be rezoned R2 to B1aDISCLAIMER: This map and data are provided as-in without warranties of any kind.See www.cityofevanston.org/mapdisclaimers.html for more informationScale 1:965Made with Evanston's GISPrinted: Jun 27, 2012 2:20:01 PM159 of 326 70-O-12 ~7~ EXHIBIT C Legal Descriptions of Properties Re-Zoned to oCSC Central Street Corridor Overlay District, Sub-area 6a LOTS 4 AND 5, EXCEPT PART FALLING IN GROSS POINT ROAD AS WIDENED, IN BLOCK 4 IN FIRST ADDITION TO EVANSTON HIGHLANDS, BEING A SUBDIVISION OF THE WEST ½ OF FRACTIONAL SECTION 33, TOWNSHIP 42 NORTH,RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY,ILLINOIS. PIN: 05-33-311-054-0000 COMMONLY KNOWN AS: 2628 Gross Point Road, Evanston, Illinois. THE SOUTHWESTERLY 31.00 FEET OF LOT 3 IN BLOCK 4 IN THE FIRST ADDITION TO EVANSTON HIGHLANDS, BEING A SUBDIVISION OF LOT 45 IN COUNTY CLERK’S DIVISION OF THE WEST ½ (EXCEPT SEEGER’S SUBDIVISION) OF FRACTIONAL SECTION 33, TOWNSHIP 43 NORTH,RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,ILLINOIS. PIN: 05-33-311-040-0000 COMMONLY KNOWN AS: 2632 Gross Point Road, Evanston, Illinois. LOTS 1, 2, AND 3(EXCEPT THE SOUTHWESTERLY 31.0 FEET OF SAID LOT 3) IN BLOCK 4 IN THE FIRST ADDITION TO EVANSTON HIGHLANDS, BEING A SUBDIVISION OF LOT 45 IN COUNTY CLERK’S DIVISION OF THE WEST ½(EXCEPT SEEGER’S SUBDIVISION) OF FRACTIONAL SECTION 33, TOWNSHIP 42 NORTH,RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,ILLINOIS. PIN: 05-33-311-053-0000 COMMONLY KNOWN AS: Parking lot for the CVS at 3333 Central Street, Evanston, Illinois. 160 of 326 70-O-12 ~8~ EXHIBIT D Map of Properties Re-Zoned to oCSC Central Street Corridor Overlay District, Sub-area 6a 161 of 326 Properties to be rezoned from oCSC Subarea 6 to Subarea 6aDISCLAIMER: This map and data are provided as-in without warranties of any kind.See www.cityofevanston.org/mapdisclaimers.html for more informationScale 1:965Made with Evanston's GISPrinted: Jun 27, 2012 2:20:01 PM162 of 326 KƉƉŽƐŝƚŝŽŶWĞƚŝƚŝŽŶͲ^ƵďŵŝƚƚĞĚDĂLJϬϵ͕ϮϬϭϮ  163 of 326 164 of 326 165 of 326 166 of 326 167 of 326 168 of 326 169 of 326 170 of 326 171 of 326 172 of 326 173 of 326 174 of 326 175 of 326 176 of 326 177 of 326 178 of 326 179 of 326 180 of 326 181 of 326 182 of 326 tƌŝƚƚĞŶŝƚŝnjĞŶŽŵŵĞŶƚ 183 of 326 The Aldermen and the Honorable Mayor City of Evanston 2100 Ridge Ave. Evanston, IL 60201 June 27, 2012 I am writing to oppose the proposed map and text amendments to the zoning laws relating to 2635 Crawford Ave. and 2628 Gross Point Road. I was very surprised at the Plan Commission hearing when Commissioner Steele was announcing his vote. If I understood him correctly, he said that the neighbors were not trying to stop the proposed zoning changes, but that we just had some problems with details of the plan. I thought many of my neighbors and I had made it clear that we wanted to stop rezoning. Maybe we got so caught up in the details and the standards that we were not clear enough. I would like to make my position clear to the City Council. I would be happy to see a bank on the former CITGO lot, as long as it complies with the current zoning laws. I am absolutely opposed to changing the zoning map. The current zoning map has worked very well for a very long time. The residential district has been in place for over 80 years, and the boundaries were reaffirmed in 2008 with the passage of the Central Street Master Plan. The residential district has been very successful: the neighborhood is stable and well maintained. The area has not experienced extreme fluctuations in housing prices, nor high rates of teardowns, foreclosures, or vacancy. The alley just north of Gross Point Road is the longstanding, logical and practical border between the residential and business districts. It should stay that way. The three members of the Plan Commission who voted to recommend zoning changes all said that there were problems with the proposal, but that the problems can be dealt with by imposing conditions on Special Uses. If the Council approves the permanent map and text amendments as proposed, the developer would have the upper hand in negotiations over Special Uses. Edgemark would then own two lots, zoned B1a, and would have the option of developing them without any Special Use permits. The developer has stated that he has received offers on the business lot. He could choose to sell or lease that lot, and separately develop the rezoned residential lot. City staff recommended supporting the rezoning proposal on the grounds that it would develop two “blighted lots”, save money on the cost of maintaining the alley and generate additional tax revenue. No evidence was ever produced to support any of those claims. 184 of 326 The vacant residential lot at 2635 Crawford is not blighted (see photo #1). The cost of maintenance of the alley is negligible. I do not dispute staff’s statement that the former gas station at 2628 Gross Pont Road is blighted. It is currently owned by the applicant for the zoning changes. Approval of the zoning changes would reward the applicant for its failure to maintain the property and create a disincentive for property owners seeking zoning changes to maintain their property. No evidence was presented to the Plan Commission to support a claim of increased revenue. The proposed bank would not generate any sales tax. Any increase in property tax could be more than offset by one or more other banks closing as a result of the proposed bank being built, by increased costs for police and fire department services due to increase traffic accidents and/or crime and by lowering the value of nearby residential property. Mr. Sapkin of Edgemark Development, LLC testified to the Plan Commission that he has received offers for the vacant business property. There is no reason to change the zoning law, other than to provide bigger profits to the property owners. Chase Bank and Edgemark claim that they need the residential lot for a drive-through facility. Chase already owns drive-through facilities in Evanston that it uses mainly as parking lots (see photos #2 and #3, showing Chase Drive-Through facilities on Grove and on Davis in Evanston). The proposed zoning changes would undermine the integrity of the zoning laws and cause serious harm to a successful residential neighborhood for no good reason. Please do not approve these zoning changes. Sincerely, Joshua Huppert 2630 Crawford Ave. Evanston, IL 60201 By email 185 of 326 186 of 326 187 of 326 188 of 326 From: A. Nogal [mailto:andrewrnogal@gmail.com] Sent: Thursday, July 12, 2012 10:18 AM To: Griffin, Steve Subject: Planning and Development Committee issue Mr. Griffin: I am writing to share my thoughts about an issue to be discussed by the City Council's Planning and Development Committee on July 23. Please include it in the packet or read it at the meeting. Thank you. ----------------- Aldermen: I live on Wellington Court in northwest Evanston. I am opposed to the rezoning of residential property and the lifting of the drive-through ban in the Central/Crawford/Gross Point Rd. area. This intersection is already dangerously crowded and congested. I don't want the city of Evanston to set a precedent for tear-downs, rezoning, and the infiltration of our neighborhoods by more giant businesses. Thank you for your consideration. Andrew Nogal 189 of 326 190 of 326 ϭϭ͘Ϭϵ͘ϭϭWůĂŶŽŵŵŝƐƐŝŽŶDŝŶƵƚĞƐ 191 of 326 APPROVED Page 1 of 2 Evanston Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, November 09, 2011 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Richard Shure, Seth Freeman, Patricia Ledesma, Barbara Putta, Lenny Asaro, Stuart Opdycke (Assoc.) Members Absent: David Galloway (Vice Chair), Kwesi Steele Staff Present: Craig Sklenar, Michelle Masoncup Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Peters called the meeting to order at 7:02P.M. 2. APPROVAL OF OCTOBER 12, 2011 MEETING MINUTES Commissioner Ledesma motioned for approval of the August 10 meeting minutes Commissioner Shure Seconded the motion. A voice vote was taken and the minutes were approved as written. 1. ZONING TEXT AMENDMENT 11PLND-0081 2. ZONING MAP AMENDMENT 11PLND-0076 Edgemark Development, LLC requested that items 1 and 2 of the Agenda be continued to the December 14, 2011 meeting of the Plan Commission Commissioner Freeman motioned to continue items 1 and 2 to the December 14, 2011 meeting of the Plan Commission Commissioner Peters Seconded the Motion. A voice vote was taken and the motion was approved unanimously. 3. WEST EVANSTON PROPROSED DEVELOPMENT PRESENTATION The Commission heard a presentation from Brinshore Development concerning the project at 1600 Foster Street. This project is a 32 unit mixed income housing development located within the West Evanston Zoning Overlay District. This project is Phase 2 of the Neighborhood Stabilization Program 2 (NSP2). The presentation outlined the types of units, styles and the overall development plan proposed. 192 of 326 APPROVED Page 2 of 2 Evanston Plan Commission Minutes Citizen comment concerning the development was received at this time. Pursuant to the requirements of the West Evanston Zoning Overlay, Brinshore only needed to present the proposed plan to the Commission and provide an opportunity for public comment. No action from the Commission was taken concerning this project. A video recording of this meeting is available on the city’s website. http://www.cityofevanston.org/government/agendas-minutes/agenda-minutes---plan- commission/index.php 4. RULES OF THE PLAN COMMISSION UPDATE Craig Sklenar, General Planner, presented the proposed changes to the rules to the Plan Commission. The changes were in accordance to comments collected at the November meeting of the Plan Commission. Additional changes were requested by the commission and will be reviewed by City staff and presented at the December 14, 2011 meeting of the Plan Commission. 5. COMMITTEE REPORTS None 6. ADJOURNMENT Commissioner Shure motioned for adjournment Commissioner Ledesma Seconded the motion. Meeting Adjourned at 9:17 PM The next meeting of the Plan Commission will be Wednesday, December 14, 2011 at 7:00 P.M., Evanston Civic Center, 2100 Ridge Avenue, Council Chambers. Respectfully Submitted, Craig D. Sklenar, AICP General Planner, Community and Economic Development Department 193 of 326 ϭϮ͘ϭϰ͘ϭϭWůĂŶŽŵŵŝƐƐŝŽŶDŝŶƵƚĞƐ 194 of 326 DRAFT – NOT APPROVED Page 1 of 2 Evanston Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, December 14, 2011 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Richard Shure, Seth Freeman, Patricia Ledesma, Barbara Putta, Kwesi Steele Members Absent: David Galloway (Vice Chair), Lenny Asaro, Stuart Opdycke (Assoc.) Staff Present: Craig Sklenar, 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 7:02P.M. 2. APPROVAL OF NOVEMBER 09, 2011 MEETING MINUTES Commissioner Putta motioned for approval of the November 9 meeting minutes Commissioner Freeman Seconded the motion. A voice vote was taken and the minutes were approved as written. 3. ZONING TEXT AMENDMENT 11PLND-0081 Amendment of the Zoning Code Section 6-15-14-6 Table 2, to remove “Drive-through facility” from the list of prohibited uses in Subarea 6 of the Central Street Overlay District. 4. ZONING MAP AMENDMENT 11PLND-0076 A petition by Edgemark Development LLC, on behalf of JP Morgan Chase Bank, contract purchaser of the subject property, to amend the Zoning Ordinance by requesting the City Council to remove two parcels from the R2 Single Family Residential Zone and place them within the B1a Business zoning district for the purpose of commercial/retail use. Edgemark Development, LLC requested that items 3 and 4 of the Agenda be continued to the February 08, 2012 meeting of the Plan Commission Commissioner Ledesma motioned to continue items 3 and 4 to the February 08, 2012 meeting of the Plan Commission Commissioner Putta Seconded the Motion. A voice vote was taken and the motion was approved unanimously. 195 of 326 DRAFT – NOT APPROVED Page 2 of 2 Evanston Plan Commission Minutes 5. 2012 PLAN COMMISSION MEETING DATES Craig Sklenar, General Planner, presented the proposed dates for the 2012 Calendar Year for the Plan Commission to convene. Chairman Peters requested that the January meeting e moved from January 12 to January 18 due to a work conflict. A voice vote was taken and the Commission unanimously approved the meeting dates for 2012, with the requested change in date for the January meeting. 6. COMMITTEE REPORTS Commissioner Shure updated the Commission on the progression of the B&B Subcommittee. Since there was no quorum at the last B&B Subcommittee meeting discussion only occurred concerning the issues that need to be discussed in further detail. The subcommittee determined the next meeting shall be held Tuesday January 17, 2012 at 7:30PM. 7. ADJOURNMENT Commissioner Shure motioned for adjournment Commissioner Freeman Seconded the motion. Meeting Adjourned at 7:22 PM The next meeting of the Plan Commission will be Wednesday, January 18, 2012 at 7:00 P.M., Evanston Civic Center, 2100 Ridge Avenue, Council Chambers. Respectfully Submitted, Craig D. Sklenar, AICP General Planner, Community and Economic Development Department 196 of 326 ϬϮ͘Ϭϴ͘ϭϮWůĂŶŽŵŵŝƐƐŝŽŶDŝŶƵƚĞƐ 197 of 326 APPROVED Page 1 of 2 Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, February 8, 2012 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Jim Ford, Richard Shure, Seth Freeman Members Absent: Kwesi Steele, David Galloway, Lenny Asaro, Barbara Putta Staff Present: Craig Sklenar Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Peters called the meeting to order at 7:04P.M. 2. APPROVAL OF JANUARY 18, 2012 MEETING MINUTES Commissioner Ford motioned for approval of the January 18 meeting minutes Commissioner Shure Seconded the motion. A voice vote was taken and the minutes were approved as written. 3. ZONING TEXT AMENDMENT 11PLND-0081 Amendment of the Zoning Code Section 6-15-14-6 Table 2, to remove “Drive-through facility” from the list of prohibited uses in Subarea 6 of the Central Street Overlay District. 4. ZONING MAP AMENDMENT 11PLND-0076 A petition by Edgemark Development LLC, on behalf of JP Morgan Chase Bank, contract purchaser of the subject property, to amend the Zoning Ordinance by requesting the City Council to remove two parcels from the R2 Single Family Residential Zone and place them within the B1a Business zoning district for the purpose of commercial/retail use. Edgemark Development LLC has requested a continuance on Agenda Items 3 and 4 to the March 14, 2012 meeting of the Plan Commission. Commissioner Ford motioned to continue the matter to the March 14, 2012 meeting of the Plan Commission Commissioner Shure Seconded the motion. A voice vote was taken and the motion passes unanimously. Agenda Items 3 and 4 will be heard at the March 14, 2012 meeting of the Plan Commission. 198 of 326 APPROVED Page 2 of 2 Plan Commission Minutes 5. PLAN COMMISSION WORK PLAN City staff presented a draft work plan to the Plan Commission that is to be presented at the Rules Committee on April 2, 2012. The Commission provided minor feedback concerning items on the work plan. A revised draft will be presented at the March 14, 2012 meeting of the Plan Commission. 6. ADJOURNMENT Commissioner Ford motioned for adjournment Commissioner Shure Seconded the motion. Meeting Adjourned at 7:31 PM The next meeting of the Plan Commission held on Wednesday, March 14, 2012 at 7:00 P.M., Evanston Civic Center, 2100 Ridge Avenue, Council Chambers. Respectfully Submitted, Craig D. Sklenar, AICP General Planner, Community and Economic Development Department 199 of 326 Ϭϯ͘ϭϰ͘ϭϮWůĂŶŽŵŵŝƐƐŝŽŶDŝŶƵƚĞƐ 200 of 326 APPROVED Page 1 of 4 Plan Commission Minutes he MEETING MINUTES PLAN COMMISSION Wednesday, March 14, 2012 10 minutes following the adjournment of the Joint Meeting of the Plan Commission and Zoning Board of Appeals (Joint Meeting begins at 7:00 P.M.) Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Jim Ford, Richard Shure, Seth Freeman, Kwesi Steele, Barbara Putta, David Galloway, Lenny Asaro Stuart Opdycke (Associate) Members Absent: Patricia Ledesma Staff Present: Craig Sklenar, Ken Cox, 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 9:20P.M. 2. APPROVAL OF FEBRUARY 08 and FEBRUARY 15, 2012 MEETING MINUTES Commissioner Ford motioned for approval of the February 08, 2012 meeting minutes Commissioner Shure Seconded the motion. A voice vote was taken and the minutes were approved as written. Commissioner Galloway motioned for approval of the February 15, 2012 meeting minutes Commissioner Shure Seconded the motion. A voice vote was taken and the minutes were approved as written. 3. ZONING TEXT AMENDMENT 11PLND-0081 Amendment of the Zoning Code Section 6-15-14-6 Table 2, to remove “Drive-through facility” from the list of prohibited uses in Subarea 6 of the Central Street Overlay District. ZONING MAP AMENDMENT 11PLND-0076 A petition by Edgemark Development LLC, on behalf of JP Morgan Chase Bank, contract purchaser of the subject property, to amend the Zoning Ordinance by requesting the City Council to remove two parcels from the R2 Single Family Residential Zone and place them within the B1a Business zoning district for the purpose of commercial/retail use. Craig Sklenar, General Planner, informed the applicant, Edgemark Development LLC, had written a request for a continuance concerning Agenda Item 3. They have requested a continuance to the April 11, 2012 meeting of the Plan Commission. 201 of 326 APPROVED Page 2 of 4 Plan Commission Minutes Commissioner Ford motioned to continue the matter to the April 11, 2012 meeting of the Plan Commission. Commissioner Shure Seconded the Motion. A voice vote was taken and the motion passed unanimously. 4. ZONING TEXT AMENDMENT 11PLND-0026 A consideration to amend portions of 6-4-7 “Bed and Breakfast Establishments” of the Zoning Ordinance of the Municipal Code, as proposed by the Bed and Breakfast Subcommittee of the Zoning Committee of the Plan Commission. Craig Sklenar, General Planner, provided an overview of the proposed zoning text amendment as it pertains to Bed and Breakfasts in the Zoning Ordinance. The current text presented represents changes made at the February 15, 2012 meeting of the Plan Commission. Alderman Judy Fiske spoke before the Plan Commission. She urged the Plan Commission to provide a distance requirement of 900’ radius between each individual Bed and Breakfasts to help prevent clustering of B&B in a particular neighborhood. David Reynolds, resident at 204 Davis Street reiterated that a distance requirement would alleviate potential clustering that is showing evidence of potentially happening in his neighborhood. Mr. Reynolds also recommended that the Plan Commission re- examine Part K of the proposed ordinance that defines Owner-occupant-operator. Plan Commissioners deliberated concerning the distance requirements and all commissioners felt that the City Council who is the determining body for all special uses will have the discretion to determined whether a special use application before the Council is in fact negative concerning cumulative effect when considered on a case-by- case basis. Commissioner Galloway motioned to not add any distance requirements to the Bed and Breakfast regulations. Commissioner Ford Seconded the Motion. A voice vote was take and the motion passes unanimously. Commissioner Putta motioned to revise Item K to read as follows: Any Bed and Breakfast Establishment shall be operated by an owner(s) who resides therein, as his/her/their primary residence. Commissioner Ford Seconded the Motion. A voice vote was taken – the motion passes unanimously. Commissioner Ford motioned to continue the matter to the March 21, 2012 meeting of the Plan Commission to begin at 7:00PM. 202 of 326 APPROVED Page 3 of 4 Plan Commission Minutes Commissioner Shure Seconded the Motion. A voice vote was taken – the matter will continue at the March 21, 2012 meeting of the Plan Commission. 5. ZONING TEXT AMENDMENT 12PLND-0011 Consideration of the proposed zoning text amendment to Home Occupations as defined in Section 6-5-1 of the Zoning Ordinance. Commissioner Ford Motioned to continue Agenda Item 5 to the March 21, 2012 Plan Commission meeting due to a lack of time at the March 14, 2012 meeting. Commissioner Shure Seconded the Motion. A voice vote was taken and the motion passes unanimously. This item will be heard at the March 21, 2012 meeting of the Plan Commission. 6. ZONING TEXT AMENDMENT 12PLND-0010 Consideration of the proposed zoning text amendment to the Zoning Ordinance defining Payday Loan Establishments and other similar establishments. Commissioner Peters opened discussion concerning the proposed text amendment that defined Payday Loan Establishments, and allows such establishments in C2 Commercial Districts only as a special use. Commissioner Opdycke and Shure asked why we cannot just ban such institutions outright. City staff responded that Payday Loan Establishments are not defined currently in the Zoning Ordinance and currently are defined with lending institutions that are allowed in multiple zones. Defining the use and allowed zones is required to ensure constitutionality of restrictions as well. Commissioner Shure wanted to know if Tax Preparers who offer refunds in advance of the actual return would be considered a Payday Loan Establishment. Staff said that since the primary use is of tax preparations and that the refund is an advance rather than an actual loan that these types of institutions would not be considered a Payday Loan Establishment. Commissioner Ford Motioned to recommend to the City Council the proposed text amendment establishing a definition of Payday Loan Establishments and the proposed recommendation to allow only in the C2 Commercial Districts as a Special Use. Commissioner Galloway Seconded the Motion. Yea: 5 Ney: 1 (Commissioner Steele opposed the motion) 203 of 326 APPROVED Page 4 of 4 Plan Commission Minutes Commissioner Steele would like Council to consider expanding the Special Use in B1 and B1 Business Districts in Evanston as well. 7. PLAN COMMISSION WORK PLAN Due to time constraints this agenda item was tabled and will be addressed at the March 21, 2012 meeting of the Plan Commission. 8. COMMITTEE REPORTS No Reports 9. ADJOURNMENT 10. ADJOURNMENT Commissioner Ford motioned for adjournment Commissioner Galloway Seconded the motion. Meeting Adjourned at 11:02 PM The next meeting of the Plan Commission held on Wednesday, March 21, 2012 at 7:00 P.M., Evanston Civic Center, 2100 Ridge Avenue, Council Chambers. Respectfully Submitted, Craig D. Sklenar, AICP General Planner, Community and Economic Development Department 204 of 326 Ϭϰ͘ϭϭ͘ϭϮWůĂŶŽŵŵŝƐƐŝŽŶDŝŶƵƚĞƐ 205 of 326 APPROVED Page 1 of 3 Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, April 11, 2012 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Jim Ford, Richard Shure, Seth Freeman, Kwesi Steele, Barbara Putta, David Galloway, Lenny Asaro, Stuart Opdycke (Associate) Members Absent: Patricia Ledesma Staff Present: Craig Sklenar, Ken Cox, Dennis Marino Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Peters called the meeting to order at 7:05 P.M. 2. APPROVAL OF MARCH 14 AND MARCH 21, 2012 MEETING MINUTES Commissioner Freeman motioned for approval of the March 14, 2012 meeting minutes Commissioner Asaro seconded the motion. A voice vote was taken and the minutes were approved. Commissioner Galloway motioned for approval of the March 21, 2012 meeting minutes Commissioner Freeman seconded the motion. A voice vote was taken and the minutes were approved. 1. ZONING TEXT AMENDMENT 11PLND-0081 Amendment of the Zoning Code Section 6-15-14-6 Table 2, to remove “Drive- through facility” from the list of prohibited uses in Subarea 6 of the Central Street Overlay District. 2. ZONING MAP AMENDMENT 11PLND-0076 A petition by Edgemark Development LLC, on behalf of JP Morgan Chase Bank, contract purchaser of the subject property, to amend the Zoning Ordinance by requesting the City Council to remove a parcel from the R2 Single Family Residential Zone and place it within the B1a Business Zoning District for the purpose of commercial/retail use. Commissioner Asaro recused himself from the hearing of agenda items 1 and 2 due to a conflict of interest. The Law Office in which Commissioner Asaro works is representing the Applicant. Craig Sklenar, General Planner read the following documents into the Record: 206 of 326 APPROVED Page 2 of 3 Plan Commission Minutes - Memo dated 04.06.12 from City of Evanston staff - Proposed Site Plan dated 04.06.12 - Current Survey submitted 04.06.12 - Zoning Analysis dated 04.06.12 - Text Amendment Application - Map Amendment Application - Memo dated 04.06.12 from Edgemark Development amending map amendment application - Zoning Committee of the Plan Commission Packet 10.26.11 - Staff memo dated 12.09.11 from Public Works - October 2011 Traffic Impact Analysis - Citizen letters and Comments The Applicant, Edgemark Development LLC, presented their application for a text amendment and map amendment to the properties at 2628 Gross Point Road and 2635 Crawford Avenue. After the Applicant and their expert witnesses provided evidence and testimony to the merits of their applications, Supporters of the proposed zoning changes were allowed to speak. Opponents of the proposed zoning changes were then allowed to provide cross- examination questions to the Applicant and their expert witnesses. Questions from opponents ranged from the traffic study methodology to the need of a new bank facility in the area. Following Cross-examination, two neighbors within 500’ of the proposed zoning changes presented the Plan Commission a written request for a continuance to the May 9, 2012 meeting of the Plan Commission in order to provide a rebuttal to the Applicant’s testimony. The continuance was granted by the Plan Commission, the hearing remained opened to the May 9, 2012 meeting of the Plan Commission. 3. COMMITTEE REPORTS The Comprehensive Plan Committee will convene April 25, 2012 at 7:30AM to discuss updates to the Comprehensive Plan. 4. ADJOURNMENT Commissioner Ford motioned for adjournment Commissioner Putta Seconded the Motion. Meeting Adjourned 9:50PM The next regular Plan Commission meeting is scheduled for WEDNESDAY, MAY 9, 2012 at 7pm in COUNCIL CHAMBERS of the Lorraine H. Morton Civic Center. 5. ADJOURNMENT 207 of 326 APPROVED Page 3 of 3 Plan Commission Minutes Commissioner Freeman motioned for adjournment, and Commissioner Shure seconded the motion. The meeting adjourned at 9:26 P.M. Respectfully Submitted, Craig Sklenar, AICP General Planner, Community and Economic Development Department 208 of 326 Ϭϱ͘Ϭϵ͘ϭϮWůĂŶŽŵŵŝƐƐŝŽŶDŝŶƵƚĞƐ 209 of 326 APPROVED Page 1 of 2 Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, May 9, 2012 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Jim Ford, Richard Shure, Seth Freeman, Kwesi Steele, Barbara Putta, David Galloway, Lenny Asaro, Stuart Opdycke (Associate) Members Absent: Patricia Ledesma Staff Present: Craig Sklenar, Ken Cox, Dennis Marino Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Peters called the meeting to order at 7:05 P.M. 2. APPROVAL OF APRIL 11, 2012 MEETING MINUTES Commissioner Freeman motioned for approval of the April 11, 2012 meeting minutes Commissioner Ford seconded the motion. A voice vote was taken and the minutes were approved. 3. ZONING TEXT AMENDMENT 11PLND-0081 Continued from the April 11, 2012 Meeting of the Plan Commission: Amendment of the Zoning Code Section 6-15-14-6 Table 2, to remove “Drive-through facility” from the list of prohibited uses in Subarea 6 of the Central Street Overlay District. 4. ZONING MAP AMENDMENT 11PLND-0076 Continued from the April 11, 2012 Meeting of the Plan Commission: A petition by Edgemark Development LLC, on behalf of JP Morgan Chase Bank, contract purchaser of the subject property, to amend the Zoning Ordinance by requesting the City Council to remove a parcel from the R2 Single Family Residential Zone and place it within the B1a Business Zoning District for the purpose of commercial/retail use. Resident Joshua Huppert at 2630 Crawford Avenue requested an additional continuance due to improper mailed notice of property owners within 500’ of the subject property for a map amendment at 2635 Crawford Avenue. The 500’ notices were sent using a database generated using the property address at 2628 Gross Point Road, which is the applicant’s primary address for the project. Ken Cox, Assistant City Attorney, stated that upon review of the request, the city complied with intent of the regulations. 210 of 326 APPROVED Page 2 of 2 Plan Commission Minutes However Plan Commissioners believed that intent of the regulations were to notify the exact parcels that were to be amended by the map amendment, not a primary address. Commissioner Freeman motioned to continue the hearing to the June 20, 2012 meeting of the Plan Commission at 7:00PM Commissioner Ford seconded the motion. A voice vote was taken; the motion passes 7-0. The hearing will be continued to the June 20, 2012 meeting of the Plan Commission at 7:00PM. 5. COMMITTEE REPORTS None. 6. ADJOURNMENT Commissioner Galloway motioned for adjournment Commissioner Putta seconded the motion. The meeting adjourned at 8:05 P.M. Respectfully Submitted, Craig Sklenar, AICP General Planner, Community and Economic Development Department The next regular Plan Commission meeting is scheduled for WEDNESDAY, JUNE 20, 2012 at 7pm in COUNCIL CHAMBERS of the Lorraine H. Morton Civic Center. 211 of 326 Ϭϲ͘ϮϬ͘ϭϮWůĂŶŽŵŵŝƐƐŝŽŶDŝŶƵƚĞƐ 212 of 326 DRAFT – NOT APPROVED Page 1 of 2 Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, June 20, 2012 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Jim Ford, Seth Freeman, Kwesi Steele, David Galloway, Patricia Ledesma Members Absent: Scott Peters (Chair), Richard Shure, Lenny Asaro, Barbara Putta, Stuart Opdycke (Associate) Staff Present: Craig Sklenar, Ken Cox, Dennis Marino Presiding Member: David Galloway, Vice Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Peters called the meeting to order at 7:08 P.M. 2. APPROVAL OF MAY 09, 2012 MEETING MINUTES Commissioner Freeman motioned for approval of the May 09, 2012 meeting minutes Commissioner Ford seconded the motion. A voice vote was taken and the minutes were approved. 3. ZONING TEXT AMENDMENT 11PLND-0081 Continued from the May 09, 2012 Meeting of the Plan Commission: Amendment of the Zoning Code Section 6-15-14-6 Table 2, to remove “Drive-through facility” from the list of prohibited uses in Subarea 6 of the Central Street Overlay District. 4. ZONING MAP AMENDMENT 11PLND-0076 Continued from the May 09, 2012 Meeting of the Plan Commission: A petition by Edgemark Development LLC, on behalf of JP Morgan Chase Bank, contract purchaser of the subject property, to amend the Zoning Ordinance by requesting the City Council to remove a parcel from the R2 Single Family Residential Zone and place it within the B1a Business Zoning District for the purpose of commercial/retail use. Residents were allowed to provide opposing testimony to the Applicant’s presentations. Residents Joshua Huppert at 2630 Crawford Avenue and Megan Lutz at 2637 Crawford Avenue provided testimony that spoke in opposition of the map amendment at 2635 Crawford Avenue. After testimony and cross examination of the witnesses were provided, the Plan Commission allowed time for public comment. Comments spoke to concerns of traffic 213 of 326 DRAFT – NOT APPROVED Page 2 of 2 Plan Commission Minutes congestion, precedence of zoning changes and perceived need for a drive-through. Comments supporting the project included the need to clean up the old Citgo station and the desire to see development occur in this area of Evanston. After all testimony was provided, Vice Chairman David Galloway closed the hearing to begin deliberations amongst commissioners. Commissioner concerns were mostly concerning the proposed site plan, stating that if it were about the site plan and not the merits of a map or text amendment they would be inclined to vote against the recommendation. Some commissioners were concerned about the rezoning of residential properties to business zones, citing that this is done rarely in the city. Commissioner Ford motioned to provide the City Council with a favorable recommendation to amend the Zoning Ordinance that creates Subarea 6a of the Central Street Overlay District (oCSC) that would provide Drive-throughs as a Special Use. Commissioner Steele seconded the motion. A voice vote was taken; the motion passes 5-0. Commissioner Ford motioned to provide the City Counicl with a favorable recommendation to amend the Zoning Map that would change the underlying zoning of the subject property at 2635 Crawford Avenue from an R2 Single Family Residential to a B1a Business Zoning District. Commissioner Galloway Seconded the Motion. A voice vote was taken; the motion passes 3-2. Commissioners Freeman and Ledesma opposed the vote. 5. COMMITTEE REPORTS Craig Sklenar, General Planner, provided the Commission with an update concerning the Comprehensive Plan Subcommittee. The Subcommittee will meet again July 18 at 7:30AM. 6. ADJOURNMENT Commissioner Ledesma motioned for adjournment Commissioner Steele seconded the motion. The meeting adjourned at 10:45 P.M. Respectfully Submitted, Craig Sklenar, AICP General Planner, Community and Economic Development Department The next regular Plan Commission meeting is scheduled for WEDNESDAY, JULY 11, 2012 at 7pm in COUNCIL CHAMBERS of the Lorraine H. Morton Civic Center. 214 of 326 For Planning & Development Committee meeting of July 23, 2012 Item PD1 Rental Unit Licensing For Discussion To: Honorable Mayor and Members of the City Council Planning & Development Committee From: Steve Griffin, Director of Community & Economic Development Subject: Rental Unit Licensing Committee’s recommendation for the consideration to amend Title 5, Chapter 8 of the City Code to Require the Licensing of Rental Dwelling Units Date: July 23, 2012 Recommended Action Staff recommends that the Planning and Development Committee consider and discuss the recommendations of the Rental Unit Licensing Committee. Summary On November 14, 2011, the Planning and Development Committee recommended a mayoral-appointed committee be established to review proposed Ordinance 38-O-11, regarding the licensing of rental dwelling units. At the direction of City Council, the Rental Unit Licensing Committee was established and comprised of homeowners, renters, real estate professionals, and Alderman with the following charge: To ensure that the focus of the proposed program is based on life safety and basic housing standards for the occupants of the property; To ensure that the licensing program will be implemented with the goal of compliance and not punishment, if inspections reveal life safety or basic housing standard violations of rental dwelling units; To ensure the incorporation of best practices discovered by review of other municipalities and similar national communities; To ensure that the proposed ordinance balances the needs of all concerned parties. The Committee met on four different occasions to review and discuss the draft ordinance and offered the following recommendations: ¾ Section 5-8-4(A)6, the Committee recommends the consideration to accept floor plans that may not be “to scale”, but provide sufficient detail that meet property Memorandum 215 of 326 maintenance standers of the unit. The floor plan is to depict the living space such as the number of bedrooms, living room, and kitchen. ¾ Section 5-8-4(B), the Committee recommends the consideration of a fee schedule that prorates the $26.00 annual license fee for multi-unit buildings that would be subsequently adopted by the City Council. ¾ Section 5-8-5(A), the Committee recommends language amendment stating “The City shall may inspect all any rental Units no less than once every four (4) years.” (CDBG code compliance will still remain on a 2 year cycle). The ordinance will provide the inspector with the ability to enter the unit and inspect for the safety of the building. ¾ 5-8-5(C), the Committee recommends the consideration to amend the language of the ordinance that would extend the license periods until the end of an established compliance schedule. ¾ 5-8-7(B), the Committee interpret that the intent of this section applies to the submission of false information and/or lack of submission of accurate and true information. ¾ Section 5-8-8(A), the Committee came to consensus that egregious violations such as: “Life Safety”; “Building Regulations”; “Housing Regulations”; “Zoning”; “Health and Sanitation”; and Nuisance premises, should be a fundamental part of licensing rental units, denial of the license, and/or revocation. ¾ Section 5-8-8(B), the Committee recommends the consideration to revise the language in this section to require the Community and Economic Development Director to send any notices of license revocation “Not less than three (3) (14) business days prior to revoking a hearing to revoke a license..” ¾ 5-8-8(C), the Committee recommends the consideration to continue the practice of “hearings shall be conducted by the City Manager”. ¾ Section 5-8-8(E), the Committee recommends the elimination of the section in its entirety, which called for a 180 day wait period for the issuance of a new license to any rental unit where a license was revoked for over occupancy or nuisance. ¾ Section 5-8-9(C), the Committee recommends the elimination of the section in its entirety, which prohibits the City Clerk from issuing transfer stamps unless the grantor or seller present a current and valid license for every premise unit; Nuisance Ordinance Process In 2007, The Evanston City Council amended the Nuisance Premises ordinance which allows the Evanston Police Department to hold landlords, managers and building owners accountable for encouraging or permitting criminal activity on their properties; and enables the Police Department to keep watch over Evanston’s neighborhoods with the intent of curbing the effects of disruptive behavior and crime on individuals in their homes, businesses and on the public way. This ordinance is a fundamental part of the denial of a rental license. Pursuant to the Nuisance Premises ordinance, the Chief of 216 of 326 Police can deem a property to be a nuisance premises after either one felony or two misdemeanors/ordinance violations, specifically arrests or citations, occur within a six- month period on-site. Once a property is declared a nuisance premises, the ordinance requires that the property owner/manager meet with the Chief of Police within 30 days to develop and implement measures designed to abate the nuisance. Property owners/managers who fail to implement a successful plan of correction may ultimately receive fines from the City’s Division of Administrative Hearings. License Revocation Process To establish consistency, Staff recommends the continued use of the license revocation process that applies across the board to all licenses, departments, and functions reviewed by the City. The current revocation is in place: 1. All parties are apprised of the procedure for license revocation hearings and given the opportunity to present relevant evidence and testimony; 2. City Manager or his/her designee conducts the hearing and shall have the authority to maintain order and decorum in the hearing; 3. Hearing takes place; 4. City Manager concludes hearing with fact and argument portion; 5. City Manager makes findings on the record (Order of Revocation, Suspension for a definite time, or other relief at that time.) 6. Order is prepared and transmitted (via regular mail and electronic mail) to the licensee within three (3) business days of the conclusion of the hearing. To avoid license revocation landlords may correct cited violation issues during any time of the revocation process. The City acknowledges that due-diligence of compliance by landlords is not considered a violation of the City Code, but compliance. Overall, the committee suggests that rental inspections focus on life safety and basic housing standards for the occupants of the property. The goal of the proposed ordinance is compliance and not punishment. Attachments: Ordinance 52-O-07 Ordinance 38-O-11 Rental License Committee Minutes of 3-22-12, 4-19-12, 4-19-12(2), & 5-17-12 217 of 326 218 of 326 219 of 326 220 of 326 221 of 326 222 of 326 223 of 326 224 of 326 225 of 326 6/14/2012 10/27/2011 10/3/2011 6/16/2011 38-O-11 AN ORDINANCE Amending Title 5, Chapter 8 of the City Code to Require the Licensing of Rental Dwelling Units 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 including, but not limited to, the power… to license”; 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 Illinois Municipal Code states that “the corporate authorities of each municipality may fix the amount, terms, and manner of issuing and revoking licenses” (65 ILCS 5/11-60-1); and 226 of 326 38-O-11 ~2~ WHEREAS, pursuant to its home rule authority, the City has adopted, as part of the Evanston City Code of 1979, as amended (“City Code”), by reference, the 2003 International Property Maintenance Code, 2003 International Building Code, 2003 International Residential Code, 2003 International Plumbing Code, 2005 National Electrical Code, 2003 International Mechanical Code, 2003 International Fire Code, and the 2003 National Fire Protection Association 101, Life Safety Code; and WHEREAS, the City equally enforces the aforementioned codes against lodging establishments and rental dwelling units City-wide; and WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City licenses lodging establishments, including boarding houses, dormitories, fraternity houses, furnished rooming houses, hotels, lodging houses, private clubs, retirement hotels, rooming houses, and sorority houses; and WHEREAS, at present, the City does not license rental dwelling units; and WHEREAS, licenses are not fundamental rights subject to substantive due process, but property rights subject to the established rational basis analysis of economic regulation (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124); and WHEREAS, it is well-settled law in Illinois that it is within the power of municipalities to license rental dwelling units (see Oak Park Trust & Savings Bank v. Village of Mount Prospect,181 Ill.App.3d 10); and WHEREAS, a survey of the members of the Illinois Association of Code Enforcement, conducted during the week of October 17, 2011, found seventeen (17) municipalities that license rental dwelling units, a list of which is attached to this Ordinance 38-O-11 as Exhibit A and incorporated herein by reference; and 227 of 326 38-O-11 ~3~ WHEREAS, on July 25, October 10, and November 14, 2011, the Planning and Development Committee (“P&D Committee”) of the City Council held meetings in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.), to consider the licensing of rental dwelling units, received exhaustive input from the public regarding the same, and recommended the Mayor appoint, with City Council approval, a special committee comprised of homeowners, renters, real estate professionals, and Aldermen, to review the proposed ordinance and recommend amendments thereto; and WHEREAS, on March 22, April 19, May 17, and June 14, 2012, the special committee held meetings in compliance with the provisions of the Illinois Open Meetings Act, considered the proposed ordinance, received additional input from the public, and proposed amendments thereto; and WHEREAS, on July 23 and August 13, 2012, the P&D Committee held meetings, in compliance with the provisions of the Illinois Open Meetings Act, considered the recommendation of the special committee, received additional input from the public, and adopted its recommendations; and WHEREAS, on August 13 and September 10, 2012, 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; and WHEREAS, the City Council has determined that there is a compelling governmental interest in licensing rental dwelling units in order to protect the health, safety, and welfare of City residents; and 228 of 326 38-O-11 ~4~ 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, supra), NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Title 5, Chapter 8 of the City Code is hereby deleted in its entirety and replaced with the following, titled “Licensing of Rental Dwelling Units”: 5-8-1: PURPOSE: The purpose of this Chapter is to promote the public health, safety, and welfare by requiring the licensing of all rental dwelling units within the City of Evanston. 5-8-2: DEFINITIONS: For the purposes of administering this Chapter, these definitions shall apply: DIRECTOR: The Director of the City of Evanston Community & Economic Development Department or his or her designee. UNIT: Shall have the same definition as “dwelling unit” in Section 6-18-3 of this Code. OWNER: Any person, agent, operator, firm or corporation having a legal or equitable interest in real property; or recorded in the official records of the state, county, or municipality as holding the title to the real property; or otherwise having control of the real property, including the guardian of any such person, or the executor or administrator of the estate of any such person. Throughout this Chapter, the singular shall include the plural. 5-8-3: LICENSE REQUIRED; LICENSES NON-TRANSFERABLE: (A) License Required: It shall be unlawful for any person to rent or offer for rent any Unit, located within the City, for which there is no current and valid license issued pursuant to the terms of this Chapter. Notwithstanding the foregoing, no license shall be required for: 229 of 326 38-O-11 ~5~ 1. Owner-occupied Units; 2. Units located in Two-Family Dwellings, as defined in Section 6-18-3 of this Code, when one (1) Unit therein is Owner-occupied; 3. Units that are neither occupied nor for rent, such as those registered as Vacant Buildings pursuant to Title 4, Chapter 20 of this Code; 4. Lodging rooms or rooming units as defined in Section 6-18-3 of this Code and/or governed by Title 5, Chapter 2 of this Code; 5. Units licensed and inspected by the State of Illinois or the Federal Government, including, but not limited to, nursing homes, retirement centers, rest homes; and/or 6. Units owned by governmental agencies or public housing authorities. (B) Licenses Non-Transferable: No license shall be transferred to another Unit. 5-8-4: LICENSE APPLICATIONS; FEES; AMENDMENTS; EXPIRATION: (A) License Applications: Every Owner who applies for a license to rent a Unit, a renewal of such a license, or an amendment to such a license, shall file with the City, no later than December 31 of each year and on a form generated and provided by the Director, a written and signed application, which he/she certifies is true and correct. Every such application shall contain information including, but not limited to, the following: 1. The name, street address, telephone number, and e-mail address of: each Owner of the Unit; and/or a responsible partner or officer if the Owner is a partnership or voluntary unincorporated association; and/or the registered agent if the Owner is a corporation or limited liability company; 2. The name, street address, telephone number, and e-mail address of a natural person twenty-one (21) years of age or older, designated by the Owner as the authorized agent for receiving notices of City Code violations and for receiving process, in any court proceeding or administrative enforcement proceeding, on behalf of such Owner in connection with the enforcement of the City Code. Notwithstanding the foregoing, this person may be between eighteen (18) and twenty-one (21) years of age provided that the license application includes proof that said person has a valid realtor’s license issued pursuant to the Illinois Real Estate License Act, 225 ILCS 454-1-1 et seq., as amended. This person must maintain an office and/or reside in Cook County, Illinois. An Owner who is a natural person and who meets the requirements of this Subsection may designate him/herself as agent; 230 of 326 38-O-11 ~6~ 3. The name, street address, telephone number, and e-mail address of the Owner’s agent for the purpose of managing, controlling or collecting rents, and any other person who is not an Owner but who controls such rental Unit, if any; 4. The name, street address, and telephone number of each company that provides an insurance policy for the rental Unit; 5. The street address and property index number(s) of the property whereon the rental Unit is located. 6. A floor plan of the rental Unit that indicates the square footage and intended purpose of each room. 7. A statement that the Owner is aware of and shall comply with the portions of the City Code applicable to the business of offering Unit(s) for rent. (B) License Fees: The Owner of a rental Unit shall pay an annual license fee of twenty-six dollars ($26.00) for each such Unit when he/she files a license application or renewal. The fee for multi-unit buildings shall not be prorated by means of a schedule adopted by the City Council. Failure to pay the annual fee for any such license within six (6) weeks of license expiration shall result in an additional late charge of thirty percent (30%). (C) Refusal to Issue License: The City may refuse to issue a license for any Unit that suffers from any cause for revocation set forth in Section 8 of this Chapter and/or if the application for such a Unit indicates that such a violation exists (e.g., the submitted floor plan indicates insufficient means of egress). The City reserves the right to inspect any Unit before issuing a license for said Unit. (D) License Amendments: Whenever there is a change in the required information for a license application the Owner shall, within twenty (20) days of such change, apply for an amendment to the license for said Unit. There shall be no additional fee for filing a license amendment. (E) License Expiration: Each license shall automatically expire one (1) year after its date of issuance. 5-8-5: INSPECTIONS: (A) The City shall may inspect all any rental Units no less than once every four (4) years. The City shall provide notice to the Owner of a rental Unit, and/or the Owner’s local agent, of upcoming inspections via First Class U.S. Mail, sent at least twenty-one (21) days before said inspection. 231 of 326 38-O-11 ~7~ (B) When an inspection of a rental Unit reveals any violations of the City Code, the Director shall establish a compliance schedule. In establishing a compliance schedule, the Director shall determine the minimum time reasonably necessary to correct the violations based upon the number and severity of the violations. The Director shall send notice, via First Class U.S. mail, to the property Owner or his/her local agent at the address provided on the most recent license application. Said notice shall include the following: 1. Description of the relevant Unit, sufficient for identification; 2. A list of the violations of the City Code; 3. The possible penalties for said violations; and 4. The date upon which the licensing re-inspection shall occur. (C) The City shall perform a licensing re-inspection of the rental Unit at the end of the compliance schedule. The fact that a unit is the subject of a compliance schedule shall not prohibit renewal of the license for said unit. (D) The Owner of the rental Unit or his/her local agent shall correct all City Code violations cited in the aforementioned notice by the end of the compliance schedule. If the Owner or his/her local agent fails to make such corrections, the Owner may be adjudged liable for said Code violations and the license for said Unit shall be subject to revocation pursuant to the terms of this Chapter. 5-8-6: POSTING OF LICENSE REQUIRED: It shall be unlawful for any Owner of a rental Unit within the City to fail to post the license for said Unit, issued according to the terms of this Chapter, or a true copy thereof, conspicuously upon the premises wherein said Unit is located. 5-8-7: PENALTIES: (A) Any person found liable for renting or offering for rent any Unit, located within the City, for which there is no current and valid license issued pursuant to the terms of this Chapter, shall be fined five hundred dollars ($500.00) for the first offense, one thousand dollars ($1000.00) for the second offense in any one (1)-year period, and two thousand five hundred dollars ($2,500.00) for the third and any subsequent offense in any one (1)-year period. A separate offense shall be deemed committed each day during which a violation occurs or continues. (B) Any person found liable for failing to amend a license as required by this Chapter and/or submitting false information on a license application, license renewal, and/or a license amendment filed pursuant to this Chapter, shall be fined one hundred dollars ($100.00) for the first offense, two hundred fifty dollars ($250.00) for the second offense in any one (1)-year period, and five hundred dollars 232 of 326 38-O-11 ~8~ ($500.00) for the third and any subsequent offense in any one (1)-year period. Each day that such information remains uncorrected by the owner(s) shall constitute a separate and distinct offense. (C) Any person found liable for failing to post a license as required by this Chapter shall be fined one hundred dollars ($100.00). A separate offense shall be deemed committed each day during which a violation occurs or continues. (D) Any fines shall be debts due and owing to the City that the City may collect by any means allowed by law, including, but not limited to, filing a lien against the Unit or the premises wherein said Unit is located. 5-8-8: REVOCATION; REVOCATION PROCEDURES: (A) The Director may revoke a license issued pursuant to the terms of this Chapter for any of the following reasons: 1. If the Owner of the relevant rental Unit or his/her local agent violates any of the terms of this Chapter; 2. If the rental Unit or its use suffers from and/or creates any violations of the following portions of the City Code: Title 4, “Building Regulations;” Title 5, “Housing Regulations;” Title 6, “Zoning,” including, but not limited to, occupancy by more than three (3) unrelated persons living together as a single housekeeping unit; Title 8, “Health and Sanitation;” 3. If the Owner of the relevant rental Unit or his/her local agent is deemed to have maintained a Nuisance Premises in the Unit or on the premises wherein said Unit is located, in violation of Section 9-5-4 of the City Code; 4. If, pursuant to Title 4, Chapter 20 of the City Code, the Director deems the rental Unit, or the premises wherein the Unit is located, to be a Vacant Building, as defined therein; and/or 5. If the City or other governmental agency condemns the rental Unit or the premises wherein the Unit is located. (B) Not less than three (3) fourteen (14) business days prior to revoking a revocation hearing for a license issued pursuant to the terms of this Chapter, the Director shall send, via First Class U.S. mail, a notice of revocation hearing to the Owner or his/her authorized agent at the address provided on the most recent license application. Notice shall be sufficient if sent to the address of the authorized agent indicated on the license application. Said notice shall include the following: 1. Description of the relevant Unit, sufficient for identification; 2. A statement that the license for said Unit is subject to revocation; 233 of 326 38-O-11 ~9~ 3. A statement of the reasons for the revocation; 4. The date and time upon which a revocation hearing shall occur; and 5. The location for said revocation hearing. (C) Hearings shall be conducted by the City Manager in accordance with procedures drafted by the Corporation Counsel. (D) Within ten (10) business days after the close of the hearing, the City Manager shall issue a written decision that shall constitute a final determination for purposes of judicial review pursuant to the Illinois Administrative Review Law, 735 ILCS 5/3-101 et seq., as amended. In reaching a decision, the City Manager may consider any of the following: 1. The nature of the violation. 2. The nature and extent of the harm caused by the licensee's action or failure to act. 3. The factual situation and circumstances surrounding the violation. 4. Whether or not the action or failure to act was willful. 5. The record of the licensee with respect to violations. (E) The Director shall not reinstate a license for a rental Unit that has been revoked pursuant to the terms of this Chapter. The Owner of such a Unit or his/her local agent must apply for a new license for said Unit pursuant to Section 4 of this Chapter. The Director shall not issue a new license for the rental Unit until a City inspection of the Unit reveals no violations of the City Code. If the license was revoked due to over-occupancy and/or violation(s) of Section 9-5-4 of the City Code, the Director shall not issue a new license for the rental Unit until at least one hundred eighty (180) days have elapsed since the date of revocation. 5-8-9: ENFORCEMENT: (A) The City may enforce the terms of this Chapter by any lawful means, including, but not limited to, proceedings in the City’s Division of Administrative Hearings or the Circuit Court of Cook County. (B) The Director may refuse to issue any permit(s) required by the City Code for any construction, alteration, installation, razing or other work done in or on any rental Unit, or the premises wherein said Unit is located, or any certificate of occupancy required by the City Code for such a Unit or the premises wherein said Unit is located, unless the Owner or other applicant for such permit(s) and/or certificate(s) presents a current and valid license for every such Unit. 234 of 326 38-O-11 ~10~ (C) The City Clerk shall issue no real estate transfer tax stamps for a transfer affecting the premises wherein any rental Unit(s) is/are located unless the grantor or seller presents a current and valid license for every such Unit. (D C) Records kept by the City for the purposes of enforcing the terms of this Chapter shall constitute evidence in the courts of the State of Illinois with regards to any action filed pursuant to the City’s Residential Landlord and Tenant Ordinance, as set forth in Title 5, Chapter 3 of this Code. 5-8-10: SEVERABILITY: That if any provision of this Chapter 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 Chapter that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Chapter is severable. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force and effect on January 1, 2013, after its passage, approval, and publication in the manner provided by law. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 235 of 326 38-O-11 ~11~ EXHIBIT A Illinois Municipalities Known to License Rental Dwellings Aurora Batavia Carpentersville Des Plaines Elmwood Park Glendale Heights Hanover Park Midlothian Mount Prospect Oak Park Rolling Meadows Round Lake Beach Streamwood Waukegan West Chicago Westmont Woodridge 236 of 326 APPROVED ON 4/19/12 Page 1 of 3 Rental Unit Licensing Committee MEETING MINUTES RENTAL UNIT LICENSING COMMITTEE Thursday, March 22, 2012 7:00pm Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2402 Members Present: Albert Bowen, Richard Buchanan, Jane Evans, Barbara Janes, Lisa Pildes, James R. Schermerhorn, Alderman Judy Fiske, Alderman Donald Wilson, Jared Cogan (NU Student Representative) Members Absent: Paul Arntson, Dana Carroll, Steven Monacelli, Pat Phillips, Niabi Schmaltz, Alderman Jane Grover Staff Present: Steve Griffin, Shanee Weston, Jeff Murphy Presiding Member: Mayor Elizabeth Tisdahl DECLARATION OF QUORUM With a quorum present, Mayor Elizabeth Tisdahl called the meeting to order at 7:04pm. INTRODUCTION Mayor Tisdahl began the first committee meeting with an introduction requesting members to introduce themselves to the group. She followed introductions with the reading of the charge for the committee for the record, which is the following: to ensure that the focus of the proposed program is based on life safety and basic housing standards for the occupants of the property; to ensure that the licensing program will be implemented with the goal of compliance and not punishment, if inspections reveal life safety or basic housing standard violations of rental dwelling units; to ensure the incorporation of best practices discovered by review of other municipalities and similar national communities; and to ensure that the proposed ordinance balances the needs of all concerned parties. Mayor Tisdahl asked the committee to note that the charge does not relate to the three (3) unrelated law. STAFF REPORTS Mr. Griffin reviewed and discussed with the committee the existing registration rental buildings ordinance and compared it to the new proposed ordinance for licensing rental dwelling units Ms. Evans commented that the ordinance should indicate that landlords must notify the tenant of violations, adding this amendment would bring forth buy-in. Alderman Wilson requested staff to work on a graduated fee scale for the license fee. He suggested that maybe the inspectors should inspect some of the units, and then the City “may” or has the option to inspect all units. This would reduce the burdens expressed, but keep the goal. He further recommended that staff take out the word 237 of 326 APPROVED ON 4/19/12 Page 2 of 3 Rental Unit Licensing Committee “shall” and “all buildings…” The Mayor seconded that request, and added she would feel better with 20% of units expected than just one on every floor inspected. Mr. Bowen explained that the change with the Section 8 inspection process duplicates efforts. Mr. Griffin will bring the Section 8 inspection process back to the committee. Committee members inquired if the denial of transfer stamps was considered by the Corporation Council. Also, the committee felt as though the notice provision stating 3 business days in section 5-8-8(B) may not be enough days of notice. Mr. Griffin assured the committee that staff will look into this. Ms. Janes proposed that the committee consider police calls for the ordinance. Alderman Wilson questioned “how do you tie in nuisance premise?” Ms. Weston explained Crime-Free Programs adopted by many municipalities and how it has been tied in with the licensing process and ordinance. Mr. Griffin provided Schaumburg as an example, and stated that staff will bring back further research on Crime-Free Programs of other municipalities. Mr. Griffin will also provide the committee with a copy of the City’s nuisance ordinance. Alderman Wilson informed the committee that he is currently working with others on the current amended ordinance relating to the three (3) unrelated ordinance, for Zoning, and welcomes suggestions. He emphasized to the committee that “we have to be careful to separate the three unrelated issue, this is about safety of units or property maintenance.” There was a consensus by the committee that the reference to “6 months” for revocation regarding the over occupancy ordinance in section 5-8-8(E) and how it should be removed from the ordinance. Alderman Fiske recommended that the requirement of floor plan submissions be enforced. She also recommended that if there is a four (4) bedroom unit, then 4 people should be allowed to reside in unit. Mr. Griffin informed the committee that Property Maintenance Inspectors will focus on cases with open violations and that inspections will occur for the first year on these non- compliance properties. Mr. Griffin assured the committee that staff will provide an analysis on bed bugs for the next meeting. Staff informed the committee that if a property is dangerous the City will inspect according to section 5-8-5(B) of the City Code. Mr. Griffin stressed that “this is about safety”. Overcrowding is still looked at, Mr. Griffin added, and “we will always recommend to go, inspect, and to make sure the darn thing is safe”. Ms. Janes asked for staff to provide the process of determining a dangerous property. She stated “we may need to look at permits and to look at what is being determined in the field.” NEW BUSINESS Committee agreed that the next meeting date will be April 19, 2012. ADJOURNMENT The meeting adjourned at 8:52pm, on March 22, 2012. 238 of 326 APPROVED ON 4/19/12 Page 3 of 3 Rental Unit Licensing Committee Respectfully Submitted, Shanee Weston Management Analyst, Community & Economic Development 239 of 326 DRAFT 1 MEETING MINUTES RENTAL UNIT LICENSING COMMITTEE Thursday, April 19, 2012 7:00pm Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2402 Members Present: Paul Arntson, Albert Bowen, Jane Evans, Barbara Janes, Steven Monacelli, Pat Phillips, Lisa Pildes, James R. Schermerhorn, Niabi Schmaltz, Mayor Elizabeth Tisdahl, Alderman Judy Fiske, Alderman Donald Wilson, Members Absent: Dana Carroll, Pat McPherson Staff Present: Steve Griffin, Shanee Weston, Jeff Murphy Presiding Member: Alderman Judy Fiske INTRODUCTION Alderman Fiske began the meeting with an introduction and informed the Committee that the Mayor was unable to attend the beginning of the meeting, therefore Alderman Fiske chaired the meeting. DECLARATION OF QUORUM: ALDERMAN FISKE, CHAIR With a quorum present, Alderman Judy Fiske called the meeting to order at 7:05pm. APPROVAL OF MARCH 22, 2012 MEETING MINUTES A motion to approve the minutes was moved by Alderman Wilson and Alderman Grover seconded the motion to approve the minutes. A voice vote was taken and the minutes were unanimously approved. CITIZEN COMMENT Andrew Roberts (1009 Wesley Ave.), representing the Evanston Properties Association, informed the Committee that the members will be receiving a packet from the organization in the mail. Barry Beansen (1901 Sherman Ave.), suggested attaching license fee to water bill. Michael Morand (3036 Central St.), expressed a concern for the potential of abuse by tenants of the proposed ordinance. 240 of 326 DRAFT 2 Bernard Hammer (1455 Tower Rd.), representing a property owner in Evanston, informed the Committee that he has provided Ken Cox, Staff Attorney, a letter regarding the assessment of fees for rental licensing. Mr. Hammer read Ken Cox’s response letter. Mr. Hammer will submit further comments in writing to Mr. Griffin for distribution to the Committee. Judy Roettig (Chicagoland Apartment Association), informed the Committee that the association was around for the adoption of the Rental Registration ordinance in 2008. Ms. Roettig is concerned about the assessment of inspection fee and referred to November 2011 memo from Community & Economic Development. Mike Tanner (2237 Ridge), feels that proposed is a “heavy handed tactic” to enforce. Bilha Salom Hoffman, wants the Committee to consider that what is proposed is “bad business for Evanston”. She would like the consideration of her as a property owner as a small business owner. Howard Handler (Realtors Association), would like the Committee to consider ‘why licensing is impossible to enforce and denies due process’. He expressed that rental registration process should continue. Irene McKirdy, would like clarification from the Committee regarding occupancy. Ms. McKirdy als inquired if meeting minutes reflect the comments of citizens and on a factual basis. Alderman Fiske assured tenant that the meeting minutes reflect what was said at the previous meeting. STAFF REPORTS Mr. Griffin provided the Committee with an update on Bed Bugs from the Health Department state that a proliferation of, or evidence of would not be grounds for unsafe for occupancy and does not weigh in for the licensing. He added that the Health Department would weigh in regarding rodent harboring, lack of running water in the inspection process. Mr. Schermerhorn spoke of frustration of all the expenses of running a building and stated it has morphed into a “bureaucratic beast” that needs to be fed. Mr. Griffin informed the Committee that the HUD Inspection process was provided in the packet and introduced Jeff Murphy, Building and Inspection Services Division Manager, to provided pros and cons for using the HUD inspection in lieu of using City inspectors for the inspection process of rental unit license. Mr. Murphy informed the Committee that there is a total of 870 dwelling units in the City that are subsidized housing, 200 are dwelling units for elderly and disabled. There are 625 voucher holders that don’t live in HUD owned properties; these individuals live in rental buildings throughout the City which is 6% of the rental inventory. The pros of using the HUD inspection for licensing would mean marginally less inspections, the City can work with HUD and Police to get HUD voucher holders out of properties where there are substantial code 241 of 326 DRAFT 3 violations. The cons of using the HUD inspection for licensing would be the that HUD violations cannot be enforced by City Property Maintenance Inspectors; HUD does not consider City Code; HUD inspects voucher holder units not the entire building or common area but not quantified; landlords are reluctant to share inspection information with staff; HUD staff are difficult to reach and does not communicate with City staff. Mr. Murphy clarified to Ms. Janes that HUD voucher holders are the same as Section 8 recipients. There are 45 scattered buildings throughout Evanston. Mr. Griffin summarized that HUD inspections could be useful information, but not take the place of actual inspections for the City. Mr. Griffin emphasized that the focus of the inspections are on properties with open violations and cases yet to be resolved. We are giving them time to fix violations prior to the issuance of license. Alderman Wilson noted he would like to see a policy referring to the HUD reports if all inspections were like A+, and not written into the ordinance. He added, ‘just because you have a good report from HUD doesn’t mean we will issue a license’. Alderman Wilson clarified that HUD inspections could be a “data point” or course of reference, not to rely exclusively on HUD report. Mr. Griffin informed the Committee the he and staff met with Commander Parrot of EPD regarding the nuisance ordinance. The police are yet to claim a property a nuisance over the past year, there has been less than a handful of nuisance claims over the past several years. Mr. Griffin stated that the Police will continue to use the ordinance as a tool to deal with problem properties. The EPD will report nuisance properties for the City, and the severity of property would determine of revocation. If problems exist, the City will check back the next year to see if the problem still exist, and procedures will be developed if a license scheme is set up. Ms. Evans believes there is a direct correlation to activity pre- nuisance ordinance. The nuisance ordinance has “teeth to it” that allow the Police and Fire to do their job and a tool that give credence to the neighbors. Mr. Monacelli inquired as to what ithe penalty for the nuisance ordinance is. Mr. Griffin emphasizes that a property should not receive a rental license if a nuisance premise violation is determined. What is the basis for a nuisance ordinance, Ms. Pildes inquired. Mr. Griffin quoted the City Code of Section 9-5- 4(2) “in any six (6) month period, the premise is the site of two (2) or more offenses which are misdemeanors under state or federal law of violation of this code”. Whoever is at the property is innocent till proven guilty. Ms. Pildes states that there are many instance if a ticket is written and, if written, if it stands in Administrative Adjudication. She further inquired how minor do violations of section 9-5-4(2)v and (w) have to be. Mr. Griffin explained that the Police will enforce the nuisance ordinance, but Property and Zoning will enforce section (v) and (w). Ms. Pildes has a problem with what is written and what is said, she want to know what will be enforced. Alderman Wilson clarified that there are particular ordinances the Police will be interested in enforcing, and that the scope of what we’re doing has nothing to do with what the Committee is looking at. The determination of issuing a license is based upon a nuisance premise being cited. If a premise continues to be so bad the license could be revoked. Mr. Monacelli 242 of 326 DRAFT 4 was notified that the over-occupancy ordinance is not up for discussion. He also inquired that if a revocation occurred what would happen to the tenant and all his/her belongs. Mr. Griffin responded that it would be an issue between the tenant and the landlord. He hadded the City will develop a compliance schedule. The consensus of the Committee was that the City nuisance ordinance should be a fundamental part of licensing rental units and the denial of the license. Staff presented suggested changes requested from the first meeting with the discussion / general consensus on the following changes that will be recommended to the City Council:  Consider a fee schedule revision to prorate the $26 annual license fee for multi-unit buildings 5-8-4 (B). The City will issue one form that has multiple units listed on it. The City Council will decide on what the fee schedule is, which will not be within the Rental Unit Licensing Ordinance. Alderman Grover recognized that the fee considers the cost for the inspection program;  Revise the language in 5-8-5 (A) so that the City “may” inspect “any” rental units no less than once every 4 years. (CDBG code compliance will still remain on a 2 year cycle). The ordinance will allow the inspector to have the ability to go in and inspect to ensure the safety of the building. Mr. Arnston received clarification that with the license you have the leverage to inspect, with the registration you go through Circuit Court;  Revise language in 5-8-8 (B) to provide that the Community and Economic Development Director send any notices of license revocation not less than “14” business days prior to “a hearing to revoke” a license;  Eliminate section 5-8-8 (E) entirely that called for a 180 day wait period for the issuance of a new license to any rental unit where a license was revoked for over occupancy or nuisance;  Eliminate section 5-8-9 (C) that prohibits the City Clerk from issuing transfer stamps unless the granter or seller present a current and valid license for every premise unit; NEW BUSINESS The Committee did not come to a consensus to accessing a graduated fee or removing the exception of owner occupied flats. Mr. Murphy explained the inspections are estimated $45 per building, 15 minutes to inspect the unit and 15 minutes for the common area. Staff informed the Committee that hardware and technology would be needed. Other Committee discussions included the 3 unrelated rule (possible amendments to it and how such violations would be treated via licensing), tenant and / or landlord rights and impacts for licenses that are not issued or revoked. 243 of 326 DRAFT 5 Committee agreed that the next meeting date will be May 17, 2012 at 7:00pm: Provide additional information on when / how fines would be imposed via section 5-8-7(B). The Committee would like for it to specify that if “false information” is submitted a fine could be imposed by Administrative Adjudication if “deliberately” or “intention to deceive”. Provide a summation of the Committee’s suggestions and recommendations of the draft rental licensing ordinance that will be included in a staff report to the Planning and Development Committee & Mayor and City Council. Provide a final mark up of Draft ordinance suggested changes for Committee review. ADJOURNMENT The meeting adjourned at 9:30pm, on March 22, 2012. Respectfully Submitted, Shanee Weston Management Analyst, Community & Economic Development 244 of 326 Approved on May 17, 2012 1 MEETING MINUTES RENTAL UNIT LICENSING COMMITTEE Thursday, April 19, 2012 7:00pm Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2402 Members Present: Paul Arntson, Albert Bowen, Jane Evans, Barbara Janes, Steven Monacelli, Pat Phillips, Lisa Pildes, James R. Schermerhorn, Niabi Schmaltz, Mayor Elizabeth Tisdahl, Alderman Judy Fiske, Alderman Donald Wilson, Members Absent: Dana Carroll, Richard Buchanan Staff Present: Steve Griffin, Shanee Weston, Jeff Murphy Presiding Member: Alderman Judy Fiske INTRODUCTION Alderman Fiske began the meeting with an introduction and informed the Committee that the Mayor was unable to attend the beginning of the meeting; therefore Alderman Fiske chaired the meeting. DECLARATION OF QUORUM: ALDERMAN FISKE, CHAIR With a quorum present, Alderman Judy Fiske called the meeting to order at 7:05pm. APPROVAL OF MARCH 22, 2012 MEETING MINUTES A motion to approve the minutes was moved by Alderman Wilson and Alderman Grover seconded the motion to approve the minutes. A voice vote was taken and the minutes were unanimously approved. CITIZEN COMMENT Andrew Roberts (1009 Wesley Ave.), representing the Evanston Properties Association, informed the Committee that the members will be receiving a packet from the organization in the mail. Barry Beansen (1901 Sherman Ave.), suggested attaching license fee to water bill. Michael Morand (3036 Central St.), expressed a concern for the potential of abuse by tenants of the proposed ordinance. 245 of 326 Approved on May 17, 2012 2 Bernard Hammer (1455 Tower Rd.), representing a property owner in Evanston, informed the Committee that he has provided Ken Cox, Staff Attorney, a letter regarding the assessment of fees for rental licensing. Mr. Hammer read Ken Cox’s response letter. Mr. Hammer will submit further comments in writing to Mr. Griffin for distribution to the Committee. Judy Roettig (Chicagoland Apartment Association), informed the Committee that the association was around for the adoption of the Rental Registration ordinance in 2008. Ms. Roettig is concerned about the assessment of inspection fee and referred to November 2011 memo from Community & Economic Development. Mike Tanner (2237 Ridge), feels that proposed is a “heavy handed tactic” to enforce. Bilha Salom Hoffman, wants the Committee to consider that what is proposed is “bad business for Evanston”. She would like the consideration of her as a property owner as a small business owner. Howard Handler (Realtors Association), would like the Committee to consider ‘why licensing is impossible to enforce and denies due process’. He expressed that rental registration process should continue. Irene McKirdy, would like clarification from the Committee regarding occupancy. Ms. McKirdy also inquired if meeting minutes reflect the comments of citizens and on a factual basis. Alderman Fiske assured tenant that the meeting minutes reflect what was said at the previous meeting. STAFF REPORTS Mr. Griffin provided the Committee with an update on Bed Bugs from the Health Department states that a proliferation of, or evidence of would not be grounds for unsafe for occupancy and does not weigh in for the licensing. He added that the Health Department would weigh in regarding rodent harboring, lack of running water in the inspection process. Mr. Schermerhorn spoke of frustration of all the expenses of running a building and stated it has morphed into a “bureaucratic beast” that needs to be fed. Mr. Griffin informed the Committee that the HUD Inspection process was provided in the packet and introduced Jeff Murphy, Building and Inspection Services Division Manager, to provided pros and cons for using the HUD inspection in lieu of using City inspectors for the inspection process of rental unit license. Mr. Murphy informed the Committee that there is a total of 870 dwelling units in the City that are subsidized housing, 200 are dwelling units for elderly and disabled. There are 625 voucher holders that don’t live in HUD owned properties; these individuals live in rental buildings throughout the City which is 6% of the rental inventory. The pros of using the HUD inspection for licensing would mean marginally less inspections, the City can work with HUD and Police to get HUD voucher holders out of properties where there are substantial code 246 of 326 Approved on May 17, 2012 3 violations. The cons of using the HUD inspection for licensing would be the that HUD violations cannot be enforced by City Property Maintenance Inspectors; HUD does not consider City Code; HUD inspects voucher holder units not the entire building or common area but not quantified; landlords are reluctant to share inspection information with staff; HUD staff are difficult to reach and does not communicate with City staff. Mr. Murphy clarified to Ms. Janes that HUD voucher holders are the same as Section 8 recipients. There are 45 scattered buildings throughout Evanston. Mr. Griffin summarized that HUD inspections could be useful information, but not take the place of actual inspections for the City. Mr. Griffin emphasized that the focus of the inspections are on properties with open violations and cases yet to be resolved. We are giving them time to fix violations prior to the issuance of license. Alderman Wilson noted he would like to see a policy referring to the HUD reports if all inspections were like A+, and not written into the ordinance. He added, ‘just because you have a good report from HUD doesn’t mean we will issue a license’. Alderman Wilson clarified that HUD inspections could be a “data point” or course of reference, not to rely exclusively on HUD report. Mr. Griffin informed the Committee the he and staff met with Commander Parrot of EPD regarding the nuisance ordinance. The police are yet to claim a property a nuisance over the past year, there has been less than a handful of nuisance claims over the past several years. Mr. Griffin stated that the Police will continue to use the ordinance as a tool to deal with problem properties. The EPD will report nuisance properties for the City, and the severity of property would determine of revocation. If problems exist, the City will check back the next year to see if the problem still exist, and procedures will be developed if a license scheme is set up. Ms. Evans believes there is a direct correlation to activity pre- nuisance ordinance. The nuisance ordinance has “teeth to it” that allow the Police and Fire to do their job and a tool that give credence to the neighbors. Mr. Monacelli inquired as to what the penalty for the nuisance ordinance is. Mr. Griffin emphasizes that a property should not receive a rental license if a nuisance premise violation is determined. What is the basis for a nuisance ordinance, Ms. Pildes inquired. Mr. Griffin quoted the City Code of Section 9-5- 4(2) “in any six (6) month period, the premise is the site of two (2) or more offenses which are misdemeanors under state or federal law of violation of this code”. Whoever is at the property is innocent till proven guilty. Ms. Pildes states that there are many instance if a ticket is written and, if written, if it stands in Administrative Adjudication. She further inquired how minor do violations of section 9-5-4(2)v and (w) have to be. Mr. Griffin explained that the Police will enforce the nuisance ordinance, but Property and Zoning will enforce section (v) and (w). Ms. Pildes has a problem with what is written and what is said, she want to know what will be enforced. Alderman Wilson clarified that Police enforcement is outside the scope of what the committee is looking at. The determination of issuing a license is based upon a nuisance premise being cited. If a premise continues to be so bad the license could be revoked. Mr. Monacelli was notified that the over-occupancy ordinance is not up for discussion. He also inquired that 247 of 326 Approved on May 17, 2012 4 if a revocation occurred what would happen to the tenant and all his/her belongs. Mr. Griffin responded that it would be an issue between the tenant and the landlord. He added the City will develop a compliance schedule. The consensus of the Committee was that the City nuisance ordinance should be a fundamental part of licensing rental units and the denial of the license. Staff presented suggested changes requested from the first meeting with the discussion / general consensus on the following changes that will be recommended to the City Council:  Consider a fee schedule revision to prorate the $26 annual license fee for multi-unit buildings 5-8-4 (B). The City will issue one form that has multiple units listed on it. The City Council will decide on what the fee schedule is, which will not be within the Rental Unit Licensing Ordinance. Alderman Grover recognized that the fee considers the cost for the inspection program;  Revise the language in 5-8-5 (A) so that the City “may” inspect “any” rental units no less than once every 4 years. (CDBG code compliance will sti ll remain on a 2 year cycle). The ordinance will allow the inspector to have the ability to go in and inspect to ensure the safety of the building. Mr. Arnston received clarification that with the license you have the leverage to inspect, with the registration you go through Circuit Court;  Revise language in 5-8-8 (B) to provide that the Community and Economic Development Director send any notices of license revocation not less than “14” business days prior to “a hearing to revoke” a license;  Eliminate section 5-8-8 (E) entirely that called for a 180 day wait period for the issuance of a new license to any rental unit where a license was revoked for over occupancy or nuisance;  Eliminate section 5-8-9 (C) that prohibits the City Clerk from issuing transfer stamps unless the granter or seller present a current and valid license for every premise unit; NEW BUSINESS The Committee did not come to a consensus to accessing a graduated fee or removing the exception of owner occupied flats. Mr. Murphy explained the inspections are estimated $45 per building, 15 minutes to inspect the unit and 15 minutes for the common area. Staff informed the Committee that hardware and technology would be needed. Other Committee discussions included the 3 unrelated rule (possible amendments to it and how such violations would be treated via licensing), tenant and / or landlord rights and impacts for licenses that are not issued or revoked. 248 of 326 Approved on May 17, 2012 5 Committee agreed that the next meeting date will be May 17, 2012 at 7:00pm: Provide additional information on when / how fines would be imposed via section 5-8-7(B). The Committee would like for it to specify that if “false information” is submitted a fine could be imposed by Administrative Adjudication if “deliberately” or “intention to deceive”. Provide a summation of the Committee’s suggestions and recommendations of the draft rental licensing ordinance that will be included in a staff report to the Planning and Development Committee & Mayor and City Council. Provide a final mark up of Draft ordinance suggested changes for Committee review. ADJOURNMENT The meeting adjourned at 9:30pm, on April 19, 2012. Respectfully Submitted, Shanee Weston Management Analyst, Community & Economic Development 249 of 326 APPROVED on June 14, 2012 1 MEETING MINUTES RENTAL UNIT LICENSING COMMITTEE Thursday, May 17, 2012 7:00pm Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2404 Members Present: Albert Bowen, Jane Evans, Barbara Janes, Steven Monacelli, Pat Phillips, Lisa Pildes, James R. Schermerhorn, Niabi Schmaltz, Mayor Elizabeth Tisdahl, Alderman Judy Fiske, Alderman Donald Wilson, Jane Grover Members Absent: Paul Arntson, Dana Carroll, Richard Buchanan Staff Present: Steve Griffin, Shanee Weston, Jeff Murphy Presiding Member: Alderman Judy Fiske INTRODUCTION Alderman Fiske began the meeting with an introduction and informed the Committee that Mayor Tisdahl was unable to attend the beginning of the meeting; therefore Alderman Fiske chaired the first part of the meeting. DECLARATION OF QUORUM: ALDERMAN FISKE, CHAIR With a quorum present, Alderman Judy Fiske called the meeting to order at 7:04pm. APPROVAL OF APRIL 19, 2012 MEETING MINUTES A motion to approve the minutes was moved by Barbra Janes, Alderman Grover seconded the motion to approve the minutes. Edits and corrections were proposed and noted for revision/clarification of minutes, a voice vote was then taken and the minutes were unanimously approved. CITIZEN COMMENT (30 minutes) Regina Cartwright (1315 Crain St.), property owner, voiced her opposition against the ordinance and feels the ordinance makes other landlords suffer for the few that are not currently complying with the City. Barbara Bernsen (1501 N. State Pkwy.), questioned why the committee has put long- term and private leases in the same ordinance. Ms. Bernsen also inquired how collections for licenses would be handled, when currently ‘registration fees are not being handled properly.’ She further stated the license fee will be another expense to the tenant. 250 of 326 APPROVED on June 14, 2012 2 Eric Paset (830 Forest Ave.), owns Evanston Northshore Apartments/Condos and Board of Director for Evanston Properties, feel that buildings are currently being maintained and inspected and another layer or process of registering each unit takes away from what the City is trying to achieve. Questions how will City maintain the proposed process. Nefrette Halim (107 Greenbay Rd. / Garnett Pl.), property manager that manages over 500 units, expresses the concern of landlords and managers needing a good group of City staff that can help with non-compliance due to tenant issues. Request that the burden not be placed on the landlord and feels as that the proposed ordinance will have a counter effect. Mora Slobrial (2037 Pratt), property owner, request that the City consider how to establish a better relationship between the City and landlord that are doing a good job, in the area with the students. Bernard Hammer (1455 Tower Rd., Winnetka IL), read letters submitted to Steve Griffin, Director of Community and Economic Development. Mr. Hammer informed the Committee that further litigation is soon to come, if ordinance is passed. STAFF REPORTS Alderman Fiske stated for the record that Mayor Tisdahl has stepped in as Chair for the remainder of the meeting. Ken Cox, Assistant City Attorney, responded to Chicagoland Apartment Association April 19, 2012 letter to the Committee, submitted by Judith Roettig. Mr. Cox clarified that the Illinois Real Estate License Act addresses that it is illegal to license real estate agents, not buildings. To date, no cases have been cited on this matter. An Oak Park, IL appeal was overturned in 1989, to date, no one has challenged the case . He confirmed that licensing of rental units is lawful. He further referenced the November 11, 2011 memo from Mr. Griffin stating that in FY2010-2011 the City spent approximately $603,000 for the compliance program. There are 13,486 rental units in the City, at $26 per unit which yield $350,636, leaving a quarter million dollar deficit. The ordinance proposed does not cover the cost of the compliance/inspection program. Mr. Schermerhorn inquired of the dollar amount it will cost the City to defend this ordinance if challenged in Circuit Court, Appellate Review, or Illinois Supreme Court. Mr. Cox responded that he could not speculate the cost, it varies most litigation is done in house. Alderman Wilson informed the Committee that the City has retained attorneys that can handle litigation in-house now, all employees in the Law Department are salaried with no timesheets therefore they just get the job done. Mayor Tisdahl added that the City is winning a lot more of their litigations. Mr. Griffin informed the Committee of the draft memo prepared for the Planning & Development Committee (P&D) and Council for the consideration of amending Title 5, Chapter 8 of the City Code. The memo was submitted to the Rental Unit Licensing Committee in the May 17th meeting packet. Mr. Griffin brought attention to City Staffs 251 of 326 APPROVED on June 14, 2012 3 draft memo which will be presented to the full Council as a consensus from the committee and to articulate the intent of the ordinance: ‘Overall, the Committee suggests that rental inspections focus on life safety and basic housing standards for the occupants of the property. The goal of the proposed ordinance is compliance and not punishment.’ The Committee has requested Staff to provide an edited and revised copy of the proposed ordinance before going to Council. Alderman Grover informed the Committee that the proposed ordinance, she assumes, would be presented to P&D and to the City Council for at least two readings and that whatever comes out of this meeting does not mean it’s final. She reminded the Committee that this could be a long deliberative process. The Committee wants to make sure that the best comes out of this Committee and that they agree on what is presented to P&D for recommendation. Committee member, Pat Philips expressed the insult she felt from the receipt of a letter sent to the Committee from Mr. Frank McCannon III, in regards to Committee member that may have not been in attendance at prior meetings. She felt the letter expressed that the Committee was not competent to carry on what they were charged to do. Ms. Phillips reiterated the insult she felt as a Committee member, previous property owner, and a current renter. She added, the notion of replacing Committee members would not solve anything and the current Committee members are very competent. Alderman Wilson specified two concepts he would like to see addressed in the ordinance: the next step if a license is denied after the appeal process; and if a license is revoked what happens to the building. Alderman Wilson is not interested in imposing ‘draconian’ results to citizens. Lisa Pildes stated she is against the ordinance of licensing and feels the City is building an obstacle for itself with an ordinance they don’t need, when an inspection process is already in place. Jane Evans stressed this is a city-wide ordinance and that she tries to not just consider her neighborhood but the entire City. She also agreed that a revocation process needs to be explained. Ms. Evans added it does bring her concern or pause that the revocation process is only reviewed by the City Manager. The Committee came to consensus that a revocation process plan needs to be developed and to have revocation hearings reviewed by a panel. NEW BUSINESS At the request of Ms. Pildes, the Committee went through the proposed memo and ordinance in its entirety to review and discuss the draft ordinance and the proposed recommendations submitted in the draft memo to P&D Committee and City Council, the following items were:  Section 5-8-3, Ms. Pildes motioned to strike section 5-8-3(A)3 from the proposed ordinance, Mr. Schermerhorn seconded. A voice vote was taken and was not approved 3 – 6. 252 of 326 APPROVED on June 14, 2012 4  Section 5-8-4(A)6, the Committee recommends the consideration to accept floor plans that may not be “to scale” but provide sufficient detail that meet property maintenance standers of the unit. The floor plan is to depict the living space such as the number of bedrooms, living room, and kitchen. Alderman Wilson moved to incorporate item in the next P&D meeting as a recommendation for approval, Alderman Fiske seconded. A voice vote was taken and was unanimously approved.  Section 5-8-4(B), the Committee recommends the consideration of a fee schedule that prorates the $26.00 annual license fee for multi-unit buildings that would be subsequently adopted by the City Council. Alderman Wilson motioned to adopt recommendation, Mr. Schermerhorn seconded. A voice vote was taken and was approved 7 – 2.  Section 5-8-4(C), Ms. Pildes motioned to add language to this section that provides a 14 day period for City to inspect and issue its report, Mr. Schermerhorn seconded. A voice vote was taken and was not approved 2 – 7.  Section 5-8-5(A), the Committee recommends language amendment stating “The City shall may inspect all any rental Units no less than once every four (4) years.” (CDBG code compliance will still remain on a 2 year cycle). The ordinance will provide the inspector with the ability to enter the unit and inspect for the safety of the building. Alderman Wilson moved to incorporate item in the next P&D meeting as a recommendation for approval, Alderman Fiske seconded. A voice vote was taken and was unanimously approved.  5-8-5(C), Alderman Wilson motioned to have Legal draft language to section of City Code that extends the current license period until the end of the compliance schedule, Grover seconded.  5-8-7(B), the Committee interpret that the intent of this section applies to the submission of false information and/or lack of submission of accurate and true information. Alderman Wilson moved to incorporate item in the next P&D meeting as a recommendation for approval, Alderman Fiske seconded. A voice vote was taken and was unanimously approved.  Section 5-8-8(A), the Committee came to consensus that egregious violations such as: “Life Safety”; “Building Regulations”; “Housing Regulations”; “Zoning”; “Health and Sanitation”; and Nuisance premises, should be a fundamental part of licensin g rental units, denial of the license, and/or revocation. Alderman Wilson moved to incorporate item in the next P&D meeting as a recommendation for approval, Alderman Fiske seconded. A voice vote was taken and was unanimously approved.  Section 5-8-8(B), the Committee recommends the consideration to revise the language in this section to require the Community and Economic Development Director to send any notices of license revocation “Not less than three (3) (14) business days prior to revoking a hearing to revoke a license..” Alderman Wilson moved to incorporate item in the next P&D meeting as a recommendation for 253 of 326 APPROVED on June 14, 2012 5 approval and Alderman Fiske seconded. A voice vote was taken and was unanimously approved.  5-8-8(C), Ms. Pildes moved to have Legal draft language in the section of the City Code that state hearings will be conducted by a panel, and amending the language stating “hearings shall be conducted by the City Manager”, Alderman Wilson seconded. A voice vote was taken and was approved 6 – 3.  Section 5-8-8(E), the Committee recommends the elimination of the section in its entirety, which called for a 180 day wait period for the issuance of a new license to any rental unit where a license was revoked for over occupancy or nuisance. Alderman Wilson moved to incorporate item in the next P&D meeting as a recommendation for approval, Alderman Fiske seconded. A voice vote was taken and was unanimously approved.  Section 5-8-9(C), the Committee recommends the elimination of the section in its entirety, which prohibits the City Clerk from issuing transfer stamps unless the grantor or seller present a current and valid license for every premise unit. Alderman Wilson moved to incorporate item in the next P&D meeting as a recommendation for approval, Alderman Fiske seconded. A voice vote was taken and was unanimously approved. Alderman Wilson moved to incorporate recommendations in the May 8, 2012 draft memo to P&D and City Council and the recommendations move into the next P&D meeting, Alderman Fiske seconded. A voice vote was taken and was unanimously approved. Alderman Wilson also motioned that Legal research best practices or next steps of rental license revocation, Ms. Evans seconded. A voice vote was taken and was unanimously approved. Committee agreed that the next meeting date will be June 14, 2012 at 7:00pm. ADJOURNMENT The meeting adjourned at 8:39pm, on May 17, 2012. Respectfully Submitted, Shanee Weston Management Analyst, Community & Economic Development 254 of 326 For City Council meeting of July 23, 2012 Item O1 Business of the City by Motion: Report from Mayor’s Compensation Committee For Action To: Honorable Mayor and Members of the City Council From: W. Grant Farrar, Corporation Counsel Subject: Report from Mayor’s Compensation Committee Date: July 18, 2012 Recommended Action: It is recommended that City Council receive the report of the Mayor’s Compensation Committee. Attachments: Report of the Mayor’s Compensation Committee Memorandum 255 of 326 July 18, 2012 TO: Mayor Elizabeth B. Tisdahl Evanston Aldermen FROM: Mayor’s Compensation Committee Suzanne B. Calder, Chair Matthew Barton Mildred Harris Tim Pareti Alvin Telser Kelvin Walsh RE: Recommendation for compensation for Evanston elected officials The committee carefully considered the current salaries of the City’s elected officials, most of whom work part-time. The committee was unanimous in their agreement that the level of commitment to their responsibilities contributes significantly to the desirability of Evanston as a place to reside. We also reviewed the salary levels of elected officials in nearby communities but determined that without knowing the responsibilities of those officials, such a comparison would not be useful for our task. In addition we reviewed the past four years’ changes in salary raises of non-union employees over the past four years. Budget decisions during that time period resulted in fiscal burdens placed on City of Evanston employees. Also, despite the efforts of Council and staff to contain the City’s expenses, property taxes for Evanston residents continue to increase. Thus our recommendations are based on the belief that all of us need to share in the sacrifice we are confronting in light of the continuing tough economic climate. Our recommendations are three-fold: 1) All elected officials should receive a 2 percent raise per year for each of the next four years.* 2) It was difficult to compare the compensation level for the Evanston City Clerk to nearby communities since some are full-time and others are part-time. The Committee recommends that a thorough review of the role and responsibilities of the City Clerk be undertaken and completed in the next 18 months, no later than December 2013. This would enable the 2016 committee to be able to make a more informed decision regarding compensation. 3) It would be helpful, as well, if the 2016 Compensation Committee began their work earlier - perhaps in April or May - so that members would have more time to investigate issues more 256 of 326 thoroughly. This committee was appointed on June 18th and was asked to submit its recommendations by July 23rd. Given the proper time to do thorough research, a compensation committee would be able to make more informed recommendations. We thank the Mayor and Council for giving the citizens of Evanston an opportunity to participate in the compensation of elected officials. * There was one strong opinion that aldermanic salaries should be reduced. 257 of 326 For City Council meeting of July 23, 2012 Item O2 Business of the City by Motion: Façade Improvement Grant Studio SLK For Action To: Honorable Mayor and Members of the City Council From: Steve Griffin, Director, Community and Economic Development, Nancy Radzevich, Economic Development Manager, Johanna Nyden, Economic Development Coordinator Subject: Approval of Financial Assistance through the Façade Improvement Program for Studio SLK (1934 Maple Avenue) Date: July 10, 2012 Recommended Action: The Economic Development Committee and staff recommend approval for financial assistance for façade improvements for Studio SLK, located at 1934 Maple Avenue (PIN 11-18-107-044-0000) on a 50/50 cost-sharing basis not to exceed $1,318. Funding Source: The funding for this assistance is provided by the Economic Development Fund’s Business District Improvement Fund Account (5300.65522). The approved Fiscal Year 2012 Budget allocated a total of $147,000 to this account, of which $75,000 was designated for the Façade Improvement Program. To date a total of $34,164 has been obligated from this account for Façade Improvement Program funding assistance. Summary: Studio SLK proposes to improve/replace the existing awning and perform tuckpointing, priming, painting, caulking and cleaning work to the front of their recently opened salon at 1934 Maple Avenue. The awning work involves removal, refurbishing, and re-installation of the existing frame and the installation of new awning fabric. The current fabric on the awning is only temporary as the Studio SLK logo is only affixed as a “patch” and is not directly imprinted on the awning fabric. Awnings are listed as eligible projects under the program. The new awning will improve the aesthetics of the façade and the re-use of the existing frame is a sustainable measure that is encouraged by this Program. Studio SLK also proposes to perform tuckpointing, priming, painting, caulking and power washing work to the front of their commercial space. Painting, tuckpointing, and Memorandum 258 of 326 Page 2 of 2 other visual enhancements to a commercial space are eligible projects under the Program guidelines, and this work will further enhance the façade of this business as well as the commercial area in general. According to the Cook Country Treasurer’s Office, this property is in good standing with their property taxes and business and property owner do not owe any fines, fees, etc. to the City. Legislative History: At its June 27, 2012 meeting, the Economic Development Committee recommended approval of this item (8-0). Attachments: Application from SLK Salon dated March 9, 2012 with required estimates 259 of 326 260 of 326 261 of 326 262 of 326 263 of 326 264 of 326 265 of 326 266 of 326 267 of 326 268 of 326 269 of 326 270 of 326 271 of 326 272 of 326 273 of 326 1 Furey, James From:Sandy Lewis-Kadiri [sblackpearls@sbcglobal.net] Sent:Friday, June 15, 2012 10:06 AM To:Furey, James Subject:Re: 1934 Maple This is the quote I received from Sir Locksley's painting, this just a very basic quote for minimal work. Power wash should be about $90.00 tuck pointing $250.00 painting $150.00. Peace and Blessings Sandy Lewis Kadiri On Jun 15, 2012, at 9:00 AM, "Furey, James" <jfurey@cityofevanston.org> wrote: Great.  Thanks Sandy.  Will you be able to get the other exterior quotes to me by the end of the day?  If  so, we’ll be able to get you in front of the Economic Development Committee at the end of the month  (June 27).   Thanks!   Jim Furey Economic Development Specialist City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 jfurey@cityofevanston.org 847‐448‐8078   From: Sandy Lewis-Kadiri [mailto:sblackpearls@sbcglobal.net] Sent: Thursday, June 14, 2012 10:37 PM To: Furey, James Subject: Fwd: 1934 Maple Hi Jim, I apologize for not getting back to you earlier. Attached is a another quote. I thought that I sent it to you last month. Peace and Blessings Sandy Lewis Kadiri Begin forwarded message: From: lared101@aol.com Date: May 15, 2012 7:48:01 PM CDT To: sandy@studio-slk.com Subject: Fwd: 1934 Maple 274 of 326 2 -----Original Message----- From: lared101 <lared101@aol.com> To: sandy <sandy@studioslk.com> Cc: allan_redmond <allan_redmond@sbcglobal.net> Sent: Tue, May 15, 2012 7:37 pm Subject: re:1934 Maple If you encounter problems opening the attachment, please contact our office. Thank you A.R. Decorating & Restoration (847)757-5504 cell (847)475-3621 office 275 of 326 276 of 326 277 of 326 278 of 326 To: Honorable Mayor and Members of the City Council From: Steve Griffin, Community and Economic Development Director Paul Zalmezak, Economic Development Coordinator Subject: Financial Assistance for Now We’re Cookin’ Food Service Center to expand operations and form a food business incubator Date: July 7, 2012 Recommended Action: The Economic Development Committee (“Committee”) and staff recommend approval of Resolution 58-R-12 authorizing the City Manager to execute a Funding Agreement with Now We’re Cookin’ (NWC) and approval of a $35,050 grant for the period August 1, 2012 through December 31, 2012 to assist in the NWC’s planned expansion into a formal food business incubator at their existing location at 1601 Payne Street in Evanston. Funding Source: Staff recommends using funds from the Economic Development Fund’s Economic Development Partnership Contribution Account (5300.62659). The approved Fiscal Year 2012 budget allocated $280,000 to this account. To date, a total of $ $88,500 has been obligated from this account. Background: Chef and owner Nell Funk opened Now We’re Cookin’ in July of 2007 at 1601 Payne Street. At its inception, NWC was a unique entity in that it was one of only two shared kitchen spaces in the Chicagoland area and the only facility that also offered courses and event space. Over the past five years of operation, each of its competitors in the Chicagoland area has adopted a similar model for their facilities. Currently, over 60 people are employed by the 35 companies operating in the shared-use kitchen space. Since its opening in 2007, a total of 57 businesses have used their shared-kitchen, of which approximately 16% of those businesses growing large enough to establish their own spaces. Summary: NWC’s goal is to be the premier culinary site for both culinary professionals and culinary enthusiasts in the Chicago market. By providing licensed commercial space and event Memorandum For City Council meeting of July 23, 2012 Item O3 Resolution 58-R-12: Funding Agreement with Now We’re Cookin’ For Action 279 of 326 space, they will focus on promoting culinary entrepreneurship, expanding culinary education and facilitating culinary activities. Ms. Funk has observed several challenges in the daily operations of the existing facility and proposes to create a separate packaging space; install a commercial dishwashing machine; update the website to be used primarily as internal resource for clients; and hire an incubator manager. The proposed expansion will enable NWC to broaden its visibility in Evanston and is aimed at: 1) improving the success rate of businesses operating within their facility; 2) differentiating NWC and Evanston from Chicago-based “shared-kitchen” space; and 3) assisting the startup and growth of culinary businesses within Evanston. Structure of Financial Assistance: For FY 2012, Now We’re Cookin’ is seeking a grant of $35,050, representing 52% of the first year expenses associated with building out the restructured incubator space and for the operation of the incubator from August 1 through December 31, 2012. Operating revenues and fees from training/seminars account for the remaining funding sources. The Sources and Uses table for the current funding request is presented in Table 3 on the following page. Now We’re Cookin’ envisions a three year commitment in which the City’s funding incrementally decreases over the subsequent two years (NWC would return in the fall of 2012 and 2013 to request funding for FY2013 and FY2014, respectively). To illustrate NWC’s planned transition from City funding, staff has summarized the NWC’s projected proposal for City investment in FY2013 and FY2014 in Table 1 below. For 2013, NWC would return to Economic Development Committee to request $36,300 (60% of total project) and again for $24,200 (40% of total project) for 2014. Table 1. Now We’re Cookin’ 2013, 2014 Incubator Operating Expenses [1] Operating Expenses 2013 2014 Total City (60%) Total City (40%) Incremental Utilities (principally heat for storage room) $500 $300 $500 $200 Incubator Manager $50,000 $30,000 $50,000 $20,000 Training Materials/Presenter Costs $5,000 $3,000 $5,000 $2,000 Incubator Marketing $5,000 $3,000 $5,000 $2,000 Total Project Costs $60,500 $36,300 $60,500 $24,200 [1] Dependent upon City Council approval in late 2012, and 2013 respectively At the end of 2014 NWC anticipates they will become self-sufficient. This is important as it reflects the owner’s stake in the business model and also a clear exit date for the City. As summarized in Table 2 below, based on NWC’s projected need for funding 280 of 326 assistance, the City’s funding would account for 56% of the total expansion costs associated with starting up the culinary incubator, prior to self sufficiency. Table 2. Total Project through Dec. 31 2014 City $95,550 55.9% Now We’re Cookin’ $75,300 44.1% Total Project $170,850 100% Table 3. Now We're Cookin' Incubator - Sources and Uses of Funds August 1, 2012 - December 31, 2012 Sources Total % of Total City of Evanston $35,050 52% Operating Revenues $30,100 45%   Training/Seminar/Consulting income $2,000 3%   Total $67,150 100.00% Uses Operations: Total CoE NWC Incubator Manager Salary $ 15,000 $ 15,000 $ - Facility Management $ 8,500 $ 8,500 Rent $ 6,700 $ 6,700 Kitchen Licensing & Insurance $ 2,700 $ 2,700 Repairs/Maintenance $ 2,500 $ 2,500 Business Admin $ 1,650 $ 1,650 Utilities $ 4,600 $ 250 $ 4,350 Training/Seminar Costs $ 1,000 $ 1,000 $ Instructor Fees $ 1,500 $ 1,500 $ - Marketing $ 2,500 $ 2,500 Subtotal (operations) $ 46,650 $ 20,250 $ 26,400 One-Time Costs: Buildout $ 2,500 $ 1,800 $ 700 Equipment $ 8,000 $ 8,000 Website Redesign $ 10,000 $ 5,000 $ 5,000 Subtotal $ 20,500 $ 14,800 $ 5,700 Total Uses $ 67,150 $ 35,050 $ 32,100 Public Benefit NWC’s proposal is aligned with the key economic development principles in the adopted Economic Development Plan, as follows: 1) Retain, expand, and attract businesses citywide, emphasizing innovation; 2) Nurture entrepreneurship in Evanston; 3) Create jobs and workforce training opportunities for Evanston residents in diversified business 281 of 326 sectors; and; 4) Promote Evanston, locally, regionally and nationally as an innovative and place. NWC anticipates larger contributions to the Evanston business community over the next two to three years including new and/or expanded wholesale and storefront food businesses, an increase in the number of “made in Evanston” culinary products, and Evanston’s raised profile as an entrepreneurial “hot spot.” These contributions facilitate more collaboration between Now We’re Cookin’ and the City of Evanston as businesses that graduate from the incubator will benefit from having more tailored assistance when navigating through the permitting and space finding processes. And as the companies incubate, they begin to form bonds with not only one another, but the Evanston community – an incentive to launch here. During the start up of the incubator, NWC proposes to track and report on the following client information: 1. Initial contact/Entry Date 2. Client training program participation dates 3. Kitchen rental (start/end dates) 4. Number of Employees (initially and upon leaving NWC) 5. Sales growth during tenure 6. Location after NWC 7. Length of time to reach “fully loaded” cash break even 8. Length of time in business after NWC 9. External financing obtained (yes/no, and if “yes,” when) In addition, NWC will provide regular quarterly updates to the City on the data points listed above and will track trends, over the longer as the incubator model matures. Recommendation At the June 25, 2012 meeting, the Economic Development Committee voted 6 to 2 to recommend to the City Council an Economic Development grant in the amount of $35,050 for the period August 1, 2012 through December 31, 2012 to Now We’re Cookin’, subject to the following conditions: 1. Funding shall be in the form of a grant, which will be dispersed in two equal payments. The first $20,250 shall be paid within 20 days of City Council approval and execution of an agreement between NWC and the City Manager. An additional $9,800 shall be paid upon completion of the build out and equipment purchases. A final payment of $5,000 will be dispersed upon completion and implementation of the internal website. 282 of 326 2. Now We’re Cookin’ staff will be responsible for submitting reports to the Economic Development Committee and staff on a quarterly basis, summarizing the nine data points listed above, and will be asked to periodically present updates to the Economic Development Committee. 3. NWC shall solicit bids from at least one Evanston based firm for retro-fit work for packaging area; 4. Now We’re Cookin’ shall facilitate city staff access to client companies to discuss opportunities for retention and the promotion of economic development in the City. 5. Related to condition 3 above, NWC shall notify the City as early as possible of any business looking to expand their business to a location outside the incubator; 6. NWC shall acknowledge that the programs, events, and general operations of the incubator portion of the business, has been funded, in part, by the City of Evanston 7. Funding is also dependent upon Now We’re Cookin’ implementing a performance evaluation system to determine the level of satisfaction with the program. 8. NWC will commit to providing programming to City of Evanston low income and/or unemployed residents to be determined in cooperation with staff. Staff is also seeking approval of an additional condition requiring NWC maintain its operation in the City of Evanston for the duration of the funding agreement. Finally, NWC has committed to forming a relationship with Illinois Worknet, Moran Center, Youth Job Center, Y.O.U. Evanston and others, to provide opportunities for their clients to attend NWC entrepreneurial/training events free of charge. NWC has agreed to offer one seat for events with up to 25 attendees, two seats for events with up to 50 attendees, and three seats for events over 50 attendees. Attachments Resolution 58-R-12, including Exhibit A: Grant Agreement Staff Memo to Economic Development Committee dated June 22, 2012 Now We’re Cookin’ expansion proposal dated June 3, 2012 283 of 326 7/10/2012 58-R-12 A RESOLUTION Authorizing the City Manager to Execute an Economic Development Grant Agreement with Now We’re Cookin’, Inc. NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized and directed to sign the grant agreement between the City and Now We’re Cookin’, Inc., attached hereto as Exhibit A and incorporated herein by reference (“Agreement”). SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Agreement as he may determine to be in the best interests of the City. SECTION 3: This Resolution 58-R-12 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: __________________, 2012 284 of 326 58-R-12 ~ 2 ~ EXHIBIT A Grant Agreement Between the City and Now We’re Cookin’, Inc. 285 of 326 City of Evanston – Now We’re Cookin’ Grant Agreement P a g e | 1 GRANT AGREEMENT THIS GRANT AGREEMENT [“Agreement”] is entered into on this _____ day of _____________, 2012 [“Effective Date”], by and between the City of Evanston [“City”], and Now We’re Cookin’, Inc., an Illinois corporation [“Grantee”], regarding the improvement of property located at 1601 Payne Street, Evanston, Illinois, described in Exhibit “A”, attached hereto and incorporated herein by reference [“Property”]. RECITALS WHEREAS, the City desires to retain local businesses and jobs as part of its economic revitalization efforts throughout Evanston; and WHEREAS, Grantee intends to improve its establishment in the Property for use as a business incubator (the “Incubator”); and WHEREAS, the City Council, as recommended by the Economic Development Committee, has authorized staff to manage and administer this Agreement on the City’s behalf, including, without limitation, authorizing the City Manager to execute this Agreement with Grantee, thereby establishing the terms, conditions, and requirements for participation in this Agreement in accordance with City guidelines, NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by this reference, and the mutual obligations of the parties as herein expressed, the City and Grantee agree as follows: AGREEMENT I. DEFINITIONS The following terms shall have the following meanings whenever used in this Agreement, except where the context clearly indicates otherwise. Any ambiguity as to the intended meaning or scope of the terms set forth below shall be resolved solely by the City through its designated representative. a. “Completion Date” means the date that the contractor has finished the Project pursuant to the plans approved by City Council, the City Manager or his/her designee, and to the satisfaction of Grantee, as evidenced by final payment to the contractor from Grantee. b. “Director” means the City’s Director of Community & Economic Development, who shall manage and administer this Agreement on behalf of the City. 286 of 326 City of Evanston – Now We’re Cookin’ Grant Agreement P a g e | 2 c. “Grant” means the total amount of the City’s grant of Economic Development Fund monies to Grantee for purposes of funding the Project, which shall not exceed $35,050, the amount approved by City Council. d. “Project” means the improvements on the Property as proposed by Grantee and approved by the City Council. Specifically, Grantee desires to rehabilitate the Property to make it suitable for use as a Incubator. e. “Total Allowable Expenses” means the actual costs incurred, paid for, and documented by Grantee and approved by the Director or his/her designee for the proper performance of the improvement work required by the plans and specifications and/or architectural/design renderings for the Project. f. ”Total Project Expenditure” means the total actual Project costs incurred by and paid for by Grantee including the costs of construction, materials, & supplies. II. TERMS OF GRANT a. City shall lend Grantee moneys not to exceed $35,050.00 (the “Grant Amount”) from its Economic Development Fund in accord with the terms of this Agreement. b. The City shall disburse the Grant moneys to Grantee in three (3) installments. c. The City shall make the first such disbursement, not to exceed $20,250.00, no later than twenty (20) business days of the Effective Date of this Agreement. d. The City shall make the second such disbursement, not to exceed $9,800.00, no later than fifteen (15) business days after the Director or his/her designee confirms that Grantee has completed construction and equipment purchases. e. The City shall make the third such disbursement, not to exceed $5,000.00, no later than fifteen (15) business days after the Director or his/her designee confirms that Grantee has launched its new website. f. The City shall not disburse the two (2) final Grant installments to Grantee until all of the relevant Project work has been completed, all of the relevant Project work has been inspected and approved by the Director, or his/her designee, all payments for said work have been made to contractors, materials suppliers, and vendors. During construction, Grantee shall submit to the Director or his/her designee itemized invoices detailing work completed and materials purchased. Such invoices shall include proof of payment to all contractors, suppliers, and vendors. Grantee shall be responsible for all payments to contractors, materials suppliers, and vendors, and for providing true and correct copies thereof to the City. 287 of 326 City of Evanston – Now We’re Cookin’ Grant Agreement P a g e | 3 III. GRANTEE’S RESPONSIBILITIES a. Grantee shall comply with all terms and conditions of this Agreement and all applicable requirements of Federal, Illinois, and City of Evanston law. b. Grantee shall obtain and submit all required certificates of insurance, as set forth herein, to the City Manager or his/her designee upon execution of this Agreement and prior to City’s execution. c. Grantee shall be responsible for hiring licensed contractors to complete the Project. The Director or his/her designee may require submission of proof of the State License issued to the selected contractors. d. Grantee shall be responsible for contacting the Director or his/her designee to arrange for obtaining all City and other approvals and/or permits required for construction and completion of the Project. e. Grantee shall be fully responsible for managing, monitoring, and scheduling the construction of the Project, for ensuring compliance with the payment of prevailing wages, if applicable, and for ensuring that all improvements are completed properly and in conformance with the approved project. f. Upon completion of the Project or portion thereof, Grantee shall notify the Director and request inspection thereof by the Director or his/her designee(s). g. After completion of the Project or portion thereof, Grantee shall submit to the Director or his/her designee a report that includes the following: i. Cover letter indicating Project completion and Total Project Expenditures; ii. All contractor invoices detailing the specific tasks completed in accordance with approved Project; iii. Proof of payment of all invoices for all expenditures for the Project; iv. Any additional material requested by the Director or his/her designee. h. Grantee shall submit to the City’s Economic Development Committee a quarterly progress report, with the first such report due October 1, 2012 that summarizes the following with regards to Incubator clients’: i. Initial contact/Entry Date; ii. Client training program participation dates; iii. Kitchen rental (start/end dates); 288 of 326 City of Evanston – Now We’re Cookin’ Grant Agreement P a g e | 4 iv. Number of employees (initially and upon leaving the Incubator); v. Sales growth during tenure with the Incubator; vi. Location after leaving the Incubator; vii. Length of time to reach “fully loaded” cash break even; viii. Length of time in business after leaving the Incubator; and ix. Whether external financing obtained, and from what source. i. Grantee shall facilitate City staff access to client companies to discuss opportunities for retention and the promotion of economic development in Evanston. j. Grantee shall notify City staff of companies associated with Grantee looking to expand in order to provide Staff opportunity to present retention opportunities within Evanston. k. Grantee shall solicit bids from at least one (1) Evanston-based business for retrofit work in the packaging area, pursuant to the Project. l. Grantee shall work with Illinois Worknet, Moran Center, Youth Job Center, and YOU Evanston to provide opportunities for those organizations’ clients to attend Project events free of charge. Grantee shall reserve at least one (1) seat per event designed for no more than twenty-five (25) attendees, two (2) seats per event designed for twenty-six (26) to fifty (50) attendees, and three (3) seats per event designed for more than fifty (50) attendees. m. Grantee shall complete the Project per the Time of Performance set forth herein. n. Grantee shall acknowledge, in any Project press release(s), programs, and events, that the City’s Grant was vital to completion of the Project. IV. THE CITY’S RESPONSIBILITIES a. Within a reasonable time after Grantee notifies City of the completion of the Project or any portion thereof, the Director or his/her designee shall inspect the improvements to ascertain whether they were completed in accordance with the Project scope approved by the City Council. b. Director or his/her designee shall review Grantee’s request and accompanying documents for the Grant. If Grantee meets all its terms, conditions, and obligations under this Agreement, the Director or his/her designee shall issue the Grant as set forth herein. 289 of 326 City of Evanston – Now We’re Cookin’ Grant Agreement P a g e | 5 V. TIME OF PERFORMANCE The Grantee shall complete the Project no later than January 15, 2013. Failure to complete the Project within said time shall result in Grantee’s breach of this Agreement. Requests for additional time and extensions in Project completion time may be granted, but only if submitted in writing prior to the expiration of this Agreement. VI. INSURANCE a. During the entire period in which work on the Project is performed, the Grantee shall obtain and maintain in full force and effect during said period a Comprehensive General Liability Insurance policy in a general aggregate amount of not less than $1,000,000. b. The Comprehensive General Liability Insurance and Automobile Insurance policies shall name the City of Evanston, and their respective elected officials, officers, employees, agents, and representatives as additional insureds. c. All deductibles on any policy shall be the responsibility of the primary holder of such policy and shall not be the responsibility of the City of Evanston. d. Grantee shall provide evidence of required insurance to the Director before execution of this Agreement. VII. OBLIGATION TO REFRAIN FROM DISCRIMINATION a. Grantee covenants and agrees for itself, its successors and its assigns to the Property, or any part thereof, that it shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or physical or mental disabilities that do not impair ability to work, and further that it shall examine all job classifications to determine if minority persons or women are underutilized and shall take appropriate affirmative action to rectify any such underutilization. b. If Grantee hires additional employees in order to perform its responsibilities pursuant to this Agreement, or any portion hereof, it shall determine the availability of minorities and women in the area(s) from which it may reasonably recruit and it shall hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. c. That, in all solicitations or advertisements for employees placed by it or on its behalf, it shall state that all applicants shall be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, or disability. 290 of 326 City of Evanston – Now We’re Cookin’ Grant Agreement P a g e | 6 VIII. NO AGENCY CREATED The Grantee and any contractor, supplier, vendor or any third party hired by Grantee to complete the Project are not agents of the City. Any provisions of this Agreement that may appear to give the City any right to direct the Grantee concerning the details of the obligations under this Agreement, or to exercise any control over such obligations, shall mean only that the Grantee shall follow the direction of the City concerning the end results of the obligations. IX. OWNERSHIP OF DOCUMENTS All documents prepared and submitted to the City pursuant to this Agreement (including any duplicate copies) shall be the property of the City. The City’s ownership of these documents includes use of, reproduction or reuse of and all incidental rights thereto. X. INDEMNIFICATION AND HOLD HARMLESS To the maximum extent permitted by law, the Grantee agrees to and shall defend, indemnify and hold harmless the City, and its respective officers, officials, employees, contractors and agents from and against all claims, liability, loss, damage, costs or expenses (including expert witness fees, reasonable attorneys’ fees, and court costs) arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or property resulting or arising from or in any way connected with the following, provided Grantee shall not be responsible for (and such indemnity shall not apply to) any negligence or willful misconduct of the City, or their respective officers, officials, active employees, contractors or agents: a. The development, construction, marketing, use or operation of the Property by the Grantee, its officers, contractors, subcontractors, agents, employees or other persons acting on Grantee’s behalf [“Indemnifying Parties”]; b. The displacement or relocation of any person from the Property as the result of the development of the Project on the Property by the Indemnifying Parties; c. Any plans or designs for the Project prepared by or on behalf of Grantee including, without limitation, any errors or omissions with respect to said documents; d. Any loss or damage to the City resulting from any inaccuracy in or breach of any representation or warranty of Grantee, or resulting from any breach or default by Grantee, under this Agreement; and e. Any and all actions, claims, damages, injuries, challenges and/or costs or liabilities arising from the approval of any and all entitlements or permits for the improvements by the City, and their respective officers, officials, employees, contractors or agents. 291 of 326 City of Evanston – Now We’re Cookin’ Grant Agreement P a g e | 7 The foregoing indemnity shall continue to remain in effect after the Completion Date or after the earlier termination of this Agreement, as the case may be. XI. DUTY TO DEFEND Grantee further agrees that the hold harmless agreement in Article X, and the duty to defend the City, and their respective officers, officials, employees, contractors and agents, require the Grantee to pay any costs that the City may incur which are associated with enforcing the hold harmless provisions, and defending any claims arising from obligations or services under this Agreement. If the City chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to obligations or services under this Agreement, the Grantee agrees to pay the City’s attorney’s fees, expert witness fees, and all costs. XII. COMPLIANCE WITH LAW Grantee agrees to comply with all the requirements now or hereafter in force, of all municipal, county, state and federal authorities, pertaining to the development and use of the Property and construction of the Project, as well as operations conducted on the Property. The Director or his/her designee shall not issue any Grant to the Grantee if there is in violation of any law, ordinance, code, regulation, or permit. XIII. TERMINATION If Grantee shall fail to cure any Event of Default upon notice and within the time for cure provided for herein, the City may, by written notice to the Grantee, terminate this Agreement. Such termination shall trigger the “Repayment of Grant” defined herein. Grantee may not terminate this Agreement without the express written consent of City. XIV. NOTICES All notices permitted or required hereunder must be in writing and shall be effected by (i) personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or (iii) reputable same-day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following parties, or to such other address as any party may, from time to time, designate in writing as provided herein: To City: City of Evanston Director of Community & Economic Development 2100 Ridge Avenue Evanston, IL 60201 Telephone: 847.448.8100 Facsimilie: 847.448.8020 Email: economicdevelopment@cityofevanston.org 292 of 326 City of Evanston – Now We’re Cookin’ Grant Agreement P a g e | 8 To Grantee: Now We’re Cookin’, Inc. 1601 Payne Street Evanston, Illinois 60202 Telephone: 847.570.4140 Facsimile: 617.687.2560 Attention: Neil Funk, President Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service to the addresses above, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. XV. DEFAULT; REMEDIES; DISPUTE RESOLUTION a. Notice of Default. In the event of failure by either party hereto substantially to perform any material term or provision of this Agreement, the non-defaulting party shall have those rights and remedies provided herein, provided that such non-defaulting party has first provided to the defaulting party a written notice of default in the manner required herein identifying with specificity the nature of the alleged default and the manner in which said default may be satisfactorily be cured. b. Cure of Default Upon the receipt of the notice of default, the alleged defaulting party shall promptly commence to cure, correct, or remedy such default within 90 days and shall continuously and diligently prosecute the same to completion. c. City Remedies; Repayment of Grant. In the event of a default by Grantee of the terms of this Agreement that has not been cured within the timeframe set forth in Paragraph b above, the City, at its option, may terminate this Agreement or may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement In the event of a default by Grantee that occurs after the City has disbursed any Grant funds, the total of such disbursement(s), plus any accrued interest, shall become immediately due and payable. All payments shall be first credited to accrued interest, next to costs, charges, and fees which may be owing from time to time, and then to principal. All payment shall be made in lawful money of the United States. Payments shall be made to City at the address set forth in Article XIV herein or at such other address as City may direct pursuant to notice delivered to Grantee in accordance with Article XIV. 293 of 326 City of Evanston – Now We’re Cookin’ Grant Agreement P a g e | 9 d. Grantee’s Exclusive Remedies. The parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein, including the Project, except as provided in this Article. Accordingly, Grantee shall not be entitled to damages or monetary relief for any breach of this Agreement by the City or arising out of or connected with any dispute, controversy, or issue between Grantee and the City regarding this Agreement or any of the matters referred to herein, the parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Grantee’s sole and exclusive judicial remedies. XVI. APPLICABLE LAW The internal laws of the State of Illinois without regard to principles of conflicts of law shall govern the interpretation and enforcement of this Agreement. XVII. CONFLICT OF INTEREST a. No member, official, or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his/her personal interests or the interests of any corporation, partnership, or association in which he/she is, directly or indirectly, interested. b. The Grantee warrants that it has not paid or given, and shall not pay or give, any third person any money or other consideration for obtaining this Agreement. XVIII. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES No member, official, agent, legal counsel or employee of the City shall be personally liable to the Grantee, or any successor in interest in the event of any default or breach by the City or for any amount which may become due to Grantee or successor or on any obligation under the terms of this Agreement. XIX. BINDING EFFECT This Agreement, and the terms, provisions, promises, covenants and conditions hereof, shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. XX. AUTHORITY TO SIGN The Grantee hereby represents that the persons executing this Agreement on behalf of Grantee have full authority to do so and to bind Grantee to perform pursuant to the terms and conditions of this Agreement. 294 of 326 City of Evanston – Now We’re Cookin’ Grant Agreement P a g e | 10 XXI. COUNTERPARTS This Agreement may be executed by each party on a separate signature page, and when the executed signature pages are combined, shall constitute one single instrument. XXII. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS a. This Agreement and the Exhibits and references incorporated into this Agreement express all understandings of the parties concerning the matters covered in this Agreement. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. b. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the City or the Grantee, and all amendments hereto must be in writing and signed by the appropriate authorities of the City and the Grantee. XXIII. NON-ASSIGNMENT The Grantee shall not assign the obligations under this Agreement, nor any monies due or to become due, without the City’s prior written approval, and Grantee and Grantee’s proposed assignee’s execution of an assignment and assumption agreement in a form approved by the City. Any assignment in violation of this paragraph is grounds for breach of this Agreement, at the sole discretion of the City Manager. In no event shall any putative assignment create a contractual relationship between the City and any putative assignee. XXIV. NO WAIVER No failure of either the City or the Grantee to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach or of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect. [Signature page to follow] 295 of 326 City of Evanston – Now We’re Cookin’ Grant Agreement P a g e | 11 IN WITNESS WHEREOF, the City, and the Grantee have signed this Agreement as of the dates set opposite their signatures. “CITY” Dated: By: Name: Title: “GRANTEE” Dated: By: Name: Title: ATTACHMENT: 1. Exhibit A – Legal Description of Property Return this form to: City of Evanston Director of Community & Economic Development 2100 Ridge Avenue Evanston, IL 60201 296 of 326 City of Evanston – Now We’re Cookin’ Grant Agreement P a g e | 12 Exhibit A: LEGAL DESCRIPTION OF PROPERTY THE W EST 136.8 FEET OF LOT 7 (EXCEPT THAT PART FALLING WITHIN THE NORTH 35 FEET OF THE EAST 90 FEET OF SAID LOT 7 IN BLOCK 6, IN PAYNE’S ADDITION TO EVANSTON IN SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN. PINs: 10-12-015-413-0000 Commonly Known As: 1601 Payne Street, Evanston, Illinois. 297 of 326 To: Chair and Members of the Economic Development Committee From: Nancy Radzevich, Economic Development Manager Paul Zalmezak, Economic Development Coordinator Meagan Jones, Economic Development Specialist Subject: Financial Assistance for Now We’re Cookin’ Food Service Center to expand operations and form an food business incubator Date: June 22, 2012 Recommendation: Staff supports a recommendation from the Economic Development Committee to the City Council to provide $35,050 to Now We’re Cookin’ (NWC) for the period August 1, 2012 through December 31, 2012 to assist in their NWC’s planned expansion into a formal food business incubator at their existing location at 1601 Payne Street in Evanston. The proposed expansion to include the food incubator concept will enable NWC to broaden its visibility in Evanston and is aimed at improving: 1) improve the success rate of businesses operating within their facility; 2) differentiate NWC and Evanston from Chicago-based “shared-kitchen” space; and 3) assist the startup and growth of culinary businesses within Evanston. NWC’s proposal is aligned with the key economic development principles in the recently adopted Economic Development Plan, as follows: 1) Retain, expand, and attract businesses citywide, emphasizing innovation; 2)Nurture entrepreneurship in Evanston; 3) Create jobs and workforce training opportunities for Evanston residents in diversified business sectors; and; 4) Promote Evanston, locally, regionally and nationally as an innovative and place. Funding Source: Staff recommends using funds from the Economic Development Fund’s Economic Development Partnership Contribution Account (5300.62659). The approved Fiscal Year 2012 budget allocated $280,000 to this account. To date, a total of $ $88,500 has been obligated from this account. Memorandum 298 of 326 Background: Chef and owner Nell Funk opened Now We’re Cookin’ in July of 2007 at 1601 Payne Street. At its inception, Now We’re Cookin’ was a unique entity in that it was one of only two shared kitchen spaces in the Chicagoland area and the only facility that also offered courses and event space. Over the past five years of operation, each of its competitors in the Chicagoland area has adopted a similar model for their facilities. Currently, over 60 people are employed by the 35 companies operating in Now We’re Cookin’s shared-use kitchen space. Since its opening in 2007, a total of 57 businesses have used their shared-kitchen, of which approximately 16% of those businesses growing large enough to establish their own spaces. Now We’re Cookin’ is looking to increase this success rate by implementing an incubator model which will provide up-front training, on-going education, and stronger support services – specifically geared towards the “business side” of the culinary world. Over the last year, Now We’re Cookin’ has taken on several successful initiatives with that objective in mind, including: • Seminars – NWC hosted/co-hosted four seminars targeting new entrepreneurs covering topics such as business and financial planning, Quickbooks software, a packaging primer, and branding/labeling. • Entrepreneurship Training – NWC provided new entrepreneurs the opportunity to participate in a six week program created through the utilizing of services provided by Northwestern University students. These programs consisted of both classroom and online coursework which leveraged an online product created by the internationally recognized Rutgers University’s Food Innovation Center. http://www.foodinnovation.rutgers.edu/ • Resources – Now We’re Cookin’ staff has been successful in supporting their client base through increased contacts with packing, labeling, and food label analysis and food suppliers. They are also working to increase linkages with various financiers, banks, and micro-entrepreneurship centers, and co-packers, and other food business service providers. • Client Marketing – Significant improvements have been made in their business marketing. NWC has established partnerships with Whole Foods, MidWest Foods and other local grocery stores in addition to artisan food markets and farmers markets to assist clients in getting their products onto store shelves. • Expansion of Commercial Client Base – In 2011, NWC experienced a significant increase in clients utilizing their kitchen space, with the heaviest use seen during the summer months as businesses took advantage of the Farmers’ Markets. 299 of 326 Project Overview Now We’re Cookin’s goal is to be the premier culinary site for both culinary professionals and culinary enthusiasts in the Chicago market. By providing licensed commercial space and event space, they will focus on promoting culinary entrepreneurship, expanding culinary education and facilitating culinary activities. With the expansion of their commercial client base, Now We’re Cookin’ has recognized the need to better serve these clients with more efficient and flexible kitchen space and resources. Ms. Funk has observed several challenges in the daily operations of the facility and proposes the following solutions: • Create a separate packaging space- Currently, clients must prepare and package their food products in the same space, causing conflicts in scheduling and disrupting a smooth flow of clients in and out of the facility. Expanding the facility to create a separate packing space will enable more efficient use of client time and kitchen space. • Purchase a commercial small-wares dishwashing machine- Dishes are now washed by hand which, when combined with other cooking and packaging responsibilities, can cause a bottleneck within the facility and decrease efficiency of scheduled client time. • Update the website and incubator marketing program- The website is planned to primarily serve as an internal resource for incubator clients with access to training and educational materials/compilations, a booking system for space reservations, and highlights of other incubator clients. Broadening the marketing and PR program specifically to increase awareness of the Incubator activities is critical to driving participation. • Hire part-time Incubator Manager- This will allow Now We’re Cookin’ to expand their services and more quickly respond to the needs of their clients. Having a dedicated staff member for the incubator component will enable the owner to concentrate on overarching facility activities development of an Advisory Council, and raising the presence of Now We’re Cookin’. Structure of Financial Assistance: For FY 2012, Now We’re Cookin’ is seeking a grant of $35,050, representing 52% of the first year expenses associated with building out the restructured incubator space and for the operation of the incubator from August 1 through December 31, 2012. Operating revenues and fees from training/seminars accounts for the remaining funding sources. Now We’re Cookin’ envisions a three year commitment in which the City’s funds incrementally decreases over the subsequent two years (NWC would return in the Fall of 2012 and 2013 to request funding for FY2013 and FY2014, respectively).. 300 of 326 The project Sources and Uses Table for the current funding request is presented in Table 1, below. Table 1. Now We're Cookin' Incubator - Sources and Uses of Funds August 1, 2012 - December 31, 2012 Sources Total % of Total City of Evanston $35,050 52% Operating Revenues $30,100 45%   Training/Seminar/Consulting income $2,000 3%   Total $67,150 100.00% Uses Operations: Total CoE NWC Incubator Manager Salary $ 15,000 $ 15,000 $ - Facility Management $ 8,500 $ 8,500 Rent $ 6,700 $ 6,700 Kitchen Licensing & Insurance $ 2,700 $ 2,700 Repairs/Maintenance $ 2,500 $ 2,500 Business Admin $ 1,650 $ 1,650 Utilities $ 4,600 $ 250 $ 4,350 Training/Seminar Costs $ 1,000 $ 1,000 $ Instructor Fees $ 1,500 $ 1,500 $ - Marketing $ 2,500 $ 2,500 Subtotal (operations) $ 46,650 $ 20,250 $ 26,400 One-Time Costs: Buildout $ 2,500 $ 1,800 $ 700 Equipment $ 8,000 $ 8,000 Website Redesign $ 10,000 $ 5,000 $ 5,000 Subtotal $ 20,500 $ 14,800 $ 5,700 Total Uses $ 67,150 $ 35,050 $ 32,100 To illustrate NWC’s planned transition from City funding by the end of 2014, staff has summarized the NWC’s projected proposal for City investment in FY2013 and FY20142014 in Table 2, on the following page. For 2013, NWC would return to Economic Development Committee to request $36,300 (60%) and again for $24,200 (40%) for 2014. 301 of 326 Table 2. Now We’re Cookin’ 2013, 2014 Incubator Operating Expenses [1] Operating Expenses 2013 2014 Total City (60%) Total City (40%) Incremental Utilities (principally heat for storage room) $500 $300 $500 $200 Incubator Manager $50,000 $30,000 $50,000 $20,000 Training Materials/Presenter Costs $5,000 $3,000 $5,000 $2,000 Incubator Marketing $5,000 $3,000 $5,000 $2,000 Total Project Costs $60,500 $36,300 $60,500 $24,200 [1] Dependent upon City Council approval in late 2012, and 2013 respectively As summarized in Table 3, below, based on NWC’s projected need for funding assistance, the City’s projected potential funding would account for 56% of the expansion costs associated with starting up the culinary incubator. At the end of 2014 NWC anticipates they will become self-sufficient. This is important as it reflects the owner’s stake in the business model and also a clear exit date for the City. Table 3. Total Project through Dec. 31 2014 City $95,550 55.9% Now We’re Cookin’ $75,300 44.1% Total Project $170,850 100% Public Benefit The activities of the NWC incubator model directly follow key economic development principles and offer a unique opportunity for businesses in Evanston and the surrounding communities. Now We’re Cookin’ anticipates larger contributions to the Evanston business community over the next two to three years including: • Additional food business storefronts filled by successful NWC incubator clients who transition to “second-stage” culinary business enterprises. • An increase in the number of wholesale oriented clients who will move to larger independent spaces within the City to produce their products. • Expansion of such businesses could result in job creation in food production field. • Increase Evanston’s profile as an entrepreneurial “hot spot” that nurtures the entrepreneurial spirit. • Potential increase in the number of “made in Evanston” culinary products and the resulting marketing and promotional opportunities for Evanston. These contributions facilitate more collaboration between Now We’re Cookin’ and the City of Evanston as businesses that graduate from the incubator will benefit from having more tailored assistance when navigating through the permitting and space finding 302 of 326 processes. And as the companies incubate, they begin to form bonds with not only one another, but the Evanston community – an incentive to launch here. NWC proposes the following execution goals for the 5 month funding period: • Hire a part-time incubator manager by September 1, 2012 • Broaden training and seminar programs – complete four seminars and up to two six week training programs by December 31, 2012; • Complete the redesign of the NWC website (Incubator portion) by December 31, 2012; • Complete the retro-fit of the existing loading bay to a health-department approved storage area and set-up of dedicated packaging space by mid-August, 2012 • Buy and install commercial dishwasher by September 1, 2012; • Develop and begin implementation of a marketing campaign specific to promoting the Food Incubator activities by October 31, 2012. As a means to try to track to the success of the incubator, Now We’re Cookin’ intends to maintain data tracking the results of the incubator program. Due to the uniqueness of the program and the proposed short term nature of the current funding request, the data points are geared towards the recruitment phase as well as early business bench- marks, such as sales growth, for individual clients served. During the start up of the incubator, NWC proposes to track and report on the following information for the clients: 1. Initial contact/Entry Date 2. Client training program participation dates 3. Kitchen rental (start/end dates) 4. Number of Employees (initially and upon leaving NWC) 5. Sales growth during tenure 6. Location after NWC 7. Length of time to reach “fully loaded” cash break even 8. Length of time in business after NWC 9. External financing obtained (yes/no, and if “yes,” when) In addition, NWC will provide regulate quarterly updates to the City on the data points listed above and will track trends, over the longer as the incubator model matures. Recommendation Staff is seeking a recommendation from the Economic Development Committee to the City Council to provide a grant in the amount of $35,050 for the period August 1, 2012 through December 31, 2012 to Now We’re Cookin’, subject to the following conditions: 303 of 326 1. Funding shall be in the form of a grant, which will be dispersed in two equal payments. The first $20,250 shall be paid within 20 days of City Council approval and execution of an agreement between NWC and the City Manager. An additional $9,800 shall be paid upon completion of the build out and equipment purchases. A final payment of $5,000 will be dispersed upon completion and implementation of the internal website. 2. Now We’re Cookin’ staff will be responsible for submitting reports to the Economic Development Committee and staff on a quarterly basis, summarizing the nine data points listed above, and will be asked to periodically present updates to the Economic Development Committee. 3. NWC shall solicit bids from at least one Evanston based firms for retro-fit work for packaging area; 4. Now We’re Cookin’ shall facilitate city staff access to client companies to discuss opportunities for retention and the promotion of economic development in the City. 5. Related to condition 3., above, NWC shall notify the City as early as possible of any business looking to expand their business to a location outside the incubator; 6. NWC shall acknowledge that the programs, events, and general operations of the incubator portion of the business, has been funded, in part, by the City of Evanston 7. Funding is also dependent upon Now We’re Cookin’ implementing a performance evaluation system to determine the level of satisfaction with the program. Attachments -Now We’re Cookin’ expansion proposal dated June 3, 2012 304 of 326 1 1601 Payne Street Evanston, Il 60201 847-570-4140 www.nwcookin.com To:   City of Evanston – Paul Zalmezak, Economic Development   From:      Now We’re Cookin’       Nell Funk, Chef/Owner     Subject:  Food Incubator Transition Funding Request  The purpose of this proposal is to request financial assistance with the expansion of Now We’re  Cookin’ shared‐use kitchen and its transition to a formal Food Business Incubator – dedicated  to growing successful, sustainable food businesses.    The business’s overall goal is to be the premier kitchen location for both culinary professionals  and culinary enthusiasts in the Chicago market.  By providing licensed commercial kitchen  space and an exciting event space, we focus on promoting culinary entrepreneurship,  expanding culinary education, and facilitating innovative culinary activities.         Having worked with over 50 start‐up companies since our inception, we concluded over a year  ago that space alone is not the primary driver of food business success.  Rather, our experience  suggests that the combination of a strong supportive “entrepreneurs community”, assistance in  building basic business management skills, and access to industry mentors and resources are  the keys to enabling the success of food start‐ups (as has been born out in many studies of  Incubator Best practices). Therefore, having demonstrated the efficacy of a shared kitchen in  this market, we have been working to transition to a true Incubator.   With this Food Incubator  transition, we are looking to:  1. improve the success rates of businesses who start operations at Now We’re Cookin’,  and;   2. strongly differentiate Now We’re Cookin’ from Chicago‐based  competitors in the  “shared‐kitchen” space,   3. have greater overall impact within the local business community ‐ specifically by  assisting in the start‐up and growth of businesses that remain in Evanston over the  longer term.     The City’s investment will enhance Now We’re Cookin’s capability as a “food incubator” by  demonstrating local community support, establishing a partnership for development of local  entrepreneurship talent, and highlighting Evanston as a center for culinary training in the  Midwest. Specifically, we are requesting financial assistance with the following components of  our transition plan:   305 of 326 2 1601 Payne Street Evanston, Il 60201 847-570-4140 www.nwcookin.com - Hiring a part‐time incubator manager, to coordinate new client screening, training, client  support, mentoring and service expansion  - Expanding storage space and creating a dedicated food product packaging area   - Purchasing  equipment that will improve the efficiency and flexibility of the facility   ‐ Upgrading and expanding our website to become a community and resource center for  Incubator participants   ‐ Providing expanded training for entrepreneurs – including contracting for on‐line training  modules, materials preparation, and presenter fees  The estimated total incremental cost of this phase of our incubator transition is $14,.800 in  one‐time expenses, and continuing annual costs of $60,500, as detailed below:         ,   One‐time Expense:  1. Build‐out      $  1,800 (est. retrofit existing bay, electrical)  ‐ Equipment:    $  8,000 (dishwasher, packaging tables, storage   cages)  ‐ Web redesign  $  5,000 (Incubator portion – facilitating          _______ collaboration, community and education)         $14,800   Ongoing Costs (annual):  ‐ Incubator Manager $50,000 (part‐time, no benefits)  ‐ Incremental Utilities $      500 (heat/power for new storage area)  ‐ Training/Seminars  $  5,000 (Incubator training/seminar presenter fees,                                                                             materials)  ‐  Incubator Marketing        $  5,000 (PR, advertising, social media work)  $60,500    Now We’re Cookin’ was initially funded primarily by the Owner, with $70,000 from friends  & family investors.  In 2009 North Shore Community Bank granted the company a working  capital line (continuing).  In addition to this request, the business is in the process of  soliciting Angel funding to ensure longer term financial security. Feedback from prior  conversations has suggested that effective execution of our Incubator Transition plan  combined with demonstrated local community support will significantly enhance our ability  to obtain additional funding.      306 of 326 3 1601 Payne Street Evanston, Il 60201 847-570-4140 www.nwcookin.com Background:  Now We’re Cookin’ opened its doors in July of 2007 in 5,000 sq ft of space in the Dr. Hill  neighborhood (Evanston’s fifth ward) in north central Evanston.  Half of the space (and  business flow) has always been dedicated to operation of a shared‐use kitchen – which is  overseen by the City of Evanston Health Department.  The other half is a “show kitchen”,  used for a combination of cooking classes, private/corporate events, filming, group training  and celebrity Chef demonstration activities.    As a business model, Now We’re Cookin’ was unique at its inception – one of only two  shared kitchens in Chicago and the only one which incorporated classes and event space.   Since our start‐up, all the competitor shared kitchens (Logan Square, Kitchen Chicago, Splice  Kitchen) have adopted this model, an acknowledgement of the fact that a shared kitchen  alone virtually never generates sufficient income to be profitable because of the need to  keep rents low for start‐up businesses. (There is substantial national experience to validate  this.)  Our business model has the shared kitchen revenues covering facility costs (rent,  utilities, maintenance, repairs), and the activities in the demonstration (“show”) kitchen  supporting staff and overhead.     Over our five years of operation, the shared kitchen has grown successfully – from hosting  seven companies the first year to over 35 in the current fiscal year.    During that time, of  the 57 businesses which have used our space, 20 have moved on while the rest of the  businesses remain active at some level here in Evanston:  Now We’re Cookin’ Client Performance Since 2007  Total Client Companies 57 Total who have used kitchens over 5  years of operation  Current Clients 35 27 very active;  others sporadic  users  Closed/Out of Business 11   Left to open in own space 4 Sweet Attila’s Bake Shop in Rodger’s  Park, Rowie’s in Park Ridge, New  World Pastry in Evanston, and  Cater2Me in SW Loop,  Merged/Acquired 1 Green Bag Lunch Moved to Expand – (i.e to  larger space or co‐packer)  5 Pie, Scottie the Mondlebread Man,  Mrs. M’s cookies, The Rice Table,  Defloured in Ravenswood    307 of 326 4 1601 Payne Street Evanston, Il 60201 847-570-4140 www.nwcookin.com That success rate – 18% growing sufficiently as to outgrow Now We’re Cookin’s space or to  feel established enough to take on their own space – demonstrates the potential for our  business incubation model.  Our analysis is that by working to address the “fall‐out rate” in  our client flow – through up‐front training, ongoing education, and stronger support  services – we can significantly increase the success prospects of our client base. (This is the  experience of incubators of all kinds.) This has ramifications for business spin‐out into the  Evanston community, for local job creation, and for utilization of local vendors/service  suppliers, as well as for the continued success of Now We’re Cookin’.    Rationale for Expansion:   Based on our experience to date – and on our conclusion that we can reduce the 20% “fall‐ out rate” by increasing our support services – Now We’re Cookin’ is moving aggressively to  transition from being simply a shared‐use kitchen to operating a full‐fledged Food Business  Incubator – complete with an Advisory Board, training, mentors, significantly expanded  resources, and access to funding.  Our goal is to host start‐ups with higher probability of  success (due to their being better prepared) and to increase the percentages which are able  to become self‐sustaining over the longer term.  By moving to an Incubator model we see  an opportunity for Now We’re Cookin’ to fill a gap and to “take the space” in the Chicago  area.  (Current competitors are operating “shared kitchen” models and from what we have  been able to determine, have no plans to change, while SBA and other entrepreneurship  support organizations acknowledge the area‐wide need for food‐business specific  assistance).      We believe that moving first in the Chicago market will enable us to establish a  differentiated story, attract more/higher quality clients, and accelerate the growth of  individual clients, all of which will translate into higher kitchen utilization rates and service  revenues.  By attracting and supporting clients with greater chances for long term success,  we support the Evanston business community as these business spin out into their own  spaces and grow locally.  (NOTE:  12 current client businesses are either owned by Evanston  residents or by individuals with close ties to the local community.  See Appendix for full list.)    Why Now?  As described below, we have been moving toward this transition for a year, and  believe this is the time to be aggressive because  - Food businesses remain “hot”, the number of entrepreneurs looking to get “into food”  and the consequent demand for rental kitchen space continues to rise  308 of 326 5 1601 Payne Street Evanston, Il 60201 847-570-4140 www.nwcookin.com - Coming out of the recession, we are seeing more potential business owners who want  to really create a substantial, sustainable business (rather than simple supplemental  income, which was common in 2010 and ’11)  - Moving ahead of the competition will give us the opportunity to draw together  resources, mentors, as well as clients – creating visibility both for Now We’re Cookin’  and Evanston as a supportive environment for food entrepreneurs.    We are the only shared kitchen of size north of Andersonville so our existing north side  market share is high.   Promoting our Incubator model will enable us to broaden our  visibility across the City by establishing a differentiated model based on client support and  success.      Incubator Transition Program:  Progress to date  We determined that we needed to transition to a more formal incubator format in the 4th  quarter of 2010.  Since that time, we have been working actively to set the stage for this  transition.   Here are some of our accomplishments in the past year:  • Seminars:  Hosted/co‐hosted (with North Shore Community Bank) four seminars  targeted at new entrepreneurs – covering topics such as business planning, financing  options for start‐ups, QuickBooks for small businesses, a Packaging Primer, and a  Branding/Labeling Seminar. Some of these sessions were open to the public, and  others were for Now We’re Cookin’ clients only.  All were well attended, and  participant feedback was very favorable.    • Entrepreneurship Training – Food Business 101: from Dream to Reality.    Utilizing  the services of two Northwestern graduate students for the summer of 2011, we  designed a six week training program for new entrepreneurs which leverages an  online product created by Rutgers University’s Food Innovation Center.  The course  requires a minimum six week commitment, participation in four on‐site classroom  sessions (one of which includes hands‐on Quantity Food Production session in our  commercial kitchen) and completion of the online coursework. The first full week in  January we kicked off the inaugural session of this program with five start‐up  businesses. The feedback on the program was excellent – and 4 of the 5 businesses  are moving forward aggressively (one has been searching for storefront space in  Evanston).  We are mid‐stream in the second run of the program, and plan to run  three sessions per year going forward.    309 of 326 6 1601 Payne Street Evanston, Il 60201 847-570-4140 www.nwcookin.com • Resources:   Now We’re Cookin’ staff have been active in developing a broad range  of resources to support our Client base.   Contacts in the Packaging, Labeling and  Food Label Analysis have all been added and vetted (through initial work they have  done with/for existing clients.) We have significantly expanded our food supplier  sources. Connections with co‐packers have been moving forward, and we have been  working to expand linkages with financiers, banks, SBA/WBDC, micro‐ entrepreneurship centers, and other related groups providing financing or access to  financing for small businesses.    • Advisory Board:  progress is being made in developing an Incubator Advisory Board.   Two members are committed (serial food entrepreneur/founder of J & L Catering  and former Jewel/Albertson EVP) and other conversations are under way.  We  anticipate having a Board in place by the end of the third quarter.  The Board’s role  is positioned to have four components:   providing advice to Incubator management,  mentoring individual incubator businesses, participating in educational activities,  and providing connections/access to food industry resources.  • Client Marketing:  We have been active in developing ways to supplement the  efforts of our clients to expand options for sales venues.  We have been working  with Whole Foods, MidWest Foods, and other local grocery chains to develop a  “quick to wholesale” model that will assist our clients in making the move to the  store shelf.  In addition, we hosted two Artisan Food Markets during 2011 – which  drew audiences of several hundred and provided a local showcase for great artisan  food products.   We have been a strong supporter of the emergent Indoor Farmers  Market, and the Owner sits on the committee working to establish a more formal  year‐round market through the Evanston 150 initiative.  At Evanston’s outdoor  Farmers markets this year, 7 current or former clients of ours are vendors.  • Expansion of Commercial Client Base:  2011 saw a significant increase in the  number of clients utilizing Now We’re Cookin’s kitchens, with activity particularly  heavy during the summer months as numerous businesses sought to take advantage  of Farmers’ Markets as a launch‐pad.  The chart below indicates our client flow:   310 of 326 7 1601 Payne Street Evanston, Il 60201 847-570-4140 www.nwcookin.com            During 2010 we interviewed 175 potential clients, of which 18 ultimately became  kitchen users.   During 2011, the number of interviews remained high and the  “conversion” rate was higher (14% vs. 10% in 2010).  The dynamic in 2012 has been a  little different – with fewer total businesses interviewed but a higher proportion of  established businesses needing location change/expansion, and many more founders  proposing full time businesses (compared with part‐time, incremental income goals).   Overall, given the continued enthusiasm for all things food, and especially for “local’,  “artisanal” products, we expect continued strong flow of applications.   Capabilities Assessment:  In making the transition to a full Food Business Incubator, we have been assessing the  strengths and inadequacies of our current operation.  Four key weaknesses have been  identified:     1. Lack of dedicated staffing to broaden the service profile, expand identified resources  in food product related areas (from packaging to testing to wholesale  representation, among others), provide a broader range of training, and engage in  one‐on‐one consulting.   2. Lack of separate packaging space:   currently, clients prepare their products in the  kitchen, then either clear the tables and package in the same space, or – when  scheduling allows – move tables into a free area and have staff package while they  0 5 10 15 20 25 2008 2009 2010 2011 Com'l Users ‐Qtrly Ave New Com'l Clients 311 of 326 8 1601 Payne Street Evanston, Il 60201 847-570-4140 www.nwcookin.com complete their production.  The latter approach causes occasional conflicts with  other clients, and in general the packaging space constraints limit the kitchen’s  flexibility. Additionally, we can grow the number of business clients with packaging‐ only needs (e.g.spice mixes).  3. Lack of commercial dishwasher:  all ware‐washing is done by hand today, slowing  down the process and causing frustration when the kitchen is busy.   4. An outdated website, which limits our ability to provide online booking of kitchen  space, support the community aspect of the Incubator with access to resource  compilations, on‐line training and collaborative capabilities, – and more broadly  does not currently do the optimum job in facilitating the marketing of our Incubator  services.      It is our intention to address these weaknesses rapidly in 2012 to help us establish a  stronger platform from which our clients can grow.    PROPOSAL:   This proposal requests assistance in addressing all four of these weaknesses during  2012.    1. Packaging Space: To be conservative, we are proposing a phased approach.  This  year, Now We’re Cookin’ will convert its loading bay to a clean‐room for food‐safe  storage (retrofitting plans already conceptually approved by the Evanston Health  officials).  This will free up space for a dedicated packaging area adjacent to the  cooler room. Estimated costs to clean up the loading bay for storage would include  (1) coating the floor, (2) painting, and (3) minor electrical work. Limited equipment is  included in this proposal (additional stainless steel prep tables for packaging, and  additional dry storage security cages) to execute the first phase of this plan.      Assuming we demonstrate the financial growth of the Incubator through the balance  of 2012, we will review a second phase to the space plan.  Preliminary discussions  have been held with our landlord for renting an adjacent loading bay which could be  accessed internally through a re‐opened doorway into the new storage area.  This  would bring back both covered load‐in/out space and easy access for delivery of  pallet‐based supplies. During early 2013, we will review and finalize  the  negotiations for the additional loading bay.   312 of 326 9 1601 Payne Street Evanston, Il 60201 847-570-4140 www.nwcookin.com 2. Commercial small‐wares dishwashing machine: This equipment will be installed in  the current storage/wash‐up room. Our original build‐out anticipated this  eventuality, and the basic plumbing infrastructure is in place so installation costs will  be minimal.  Adding this equipment is a straightforward action that will save time,  reduce bottlenecks, and improve efficiency for all clients.    3. Incubator Staff:  Adding a part‐time staff person dedicated to overseeing the  Incubator activities is an action we have anticipated since our opening, but only now  do we have the client base, service plans, and demand for one‐on‐one consulting  that makes it appropriate to proceed.  We propose targeting the hiring of this  person over the summer on a 20 hr a week basis to start.  Every effort will be made  to hire locally – both because of our interest in supporting the local community and  to ensure their ability to respond to clients quickly by residing within 10 minutes of  the facility.  (Notably, the ability to hire a part‐time Incubator Manager will enable  the Owner to spend the time needed to pursue the above‐mentioned additional  financing – which is a very time‐consuming activity – and to put together a high‐ profile Advisory Board and group of Mentors for Incubator clients.)  4. Website and Marketing:  As an enabler of community‐building, client education,  and marketing, a re‐conceptualized web presence is increasingly important.  By  providing on‐line kitchen reservations, client access to recommended resource  information and educational tools, as well as an ability to better connect with and  promote Clients, a redesigned site can become a critical tool.  In addition, our  current site does not enable Smartphone access because of its Flash technology  base, increasingly a liability. (The other portion of the new site’s functionality will  support and be funded by the demonstration kitchen activities.)   5. Training and Skill‐building: Our experience in the past year of testing out response  to seminars and the initial run of a Food Entrepreneurship training program has  confirmed the value of those activities to our current and prospective business  clients.   Therefore, we have included in this request costs associated with delivery  of Seminars and a 3x a year training program – activities which will provide critical  support to our growing businesses.          313 of 326 10 1601 Payne Street Evanston, Il 60201 847-570-4140 www.nwcookin.com Proceeding with this plan should be beneficial to Now We’re Cookin’ and its clients in  the following ways:  9 Enable us to more rapidly expand our services (including training) for commercial  clients by providing the Staffing needed to concentrate on developing seminars,  vendor relationships, providing consulting, and coordinating/delivering training;    9 Provide a separate, clean, health department certified space for packaging – which  will enable us to reduce kitchen congestion, attract businesses which have ONLY  packaging needs (e.g. spice mixes, chai tea mixes, etc), and help clients improve  their gross margins (by utilizing lower‐cost packaging space) thereby enabling  sustainability of their businesses;  9 Enhance our marketing of Food Incubator services through a more appropriate  website and staff time to devote to the task, thereby connecting us with a larger  audience of potential clients – as well as streamlining our interactions with existing  clients.  Our objective is to be able to implement these changes as soon as possible, with the  goal of completing the retrofitting of the packaging room during the 3rd quarter, in time  for the second half of the Farmers Market season.   But to do that, Now We’re Cookin’  will need funding for the plan.  Estimated costs in 2012 and 2013 are as follows:   INCREMENTAL COSTS FOR INCUBATOR TRANSITION:  2012   (5 mo)  2013 (full year) Retrofit of existing loading bay to enable pkg space $1,800    Packaging tables and storage cages $3,500    Commercial Small‐wares Washer (installed) $4,500    Website Upgrade (portion dedicated to Incubator) $5,000    Incremental Utilities (principally heat for storage  room) $250 $ 500 Incubator Manager $15,000 $50,000 Training Materials/Presenter Costs $2,500 $5,000 Incubator Marketing $2,500 $5,000            TOTAL  PROJECT COSTS: $35,050 $60,500   314 of 326 11 1601 Payne Street Evanston, Il 60201 847-570-4140 www.nwcookin.com We are requesting assistance from the City to enable us to implement this plan during mid‐  2012.  Ideally, we would like to see a three year commitment, in which the City funds the  one‐time costs and contributes a declining portion of the incremental annual incubator  costs (defined above).  Roughly, this would result in funding of $35,500 in 2012, $36,500  (60%) in ’13, and $24,000 (40%) in ’14.  As indicated, we anticipate that a combination of  internally generated funds and a raise from outside investors will ensure the balance is  effectively covered and the overall business soundly financed in the later years. The current  costs of the infrastructure (rent, utilities, maintenance, and overhead) will continue to be  supported by Now We’re Cookin’.    Now We’re Cookin’ will maintain a data tracking process to make transparent the results of  our Incubator program (see Appendix IV for specific proposed data‐points.)  As outcomes,  we anticipate seeing the following contribution to the Evanston business community over  the coming two to three years:  - Additional food business storefronts:  currently as many as 6 of our clients envision  moving to their own restaurant/bakery/other storefront within a 3 year timeframe,  with 2 of those actively looking right now. We anticipate working with City of Evanston  staff to help ensure that Evanston is their location of choice.    - With our Training Program in full gear, we fully expect to host a higher number of  wholesale oriented clients who will need to move from Now We’re Cookin’ to a larger,  independent space, from which to produce their products. Again, collaboration to  ensure that Evanston has the space profile that can accommodate those businesses will  be key.  (One of our businesses did spin out into an Evanston space 2 years ago)  - Enabling Now We’re Cookin’ to increase its “incubator” profile will only add to  Evanston’s emerging “entrepreneurial hot spot” environment – as our capabilities  align well with the TIC and the new Co Lab offerings, as well as Northwestern’s various  Entrepreneurship programs which are spawning fascinating local businesses (one of  which we have been mentoring).   In addition, we are already seeing our broadening  connections across the Chicago food community linking us with potential Evanston‐ based businesses, which we can introduce to City staff to help enable their moves.  Periodic updates to the City can help demonstrate the progress we have made and the  success our clients are having.      315 of 326   Mult Colla price zonin entre visibl collab becau the s signif effec   We th tiple opportu boration ac d storefron ng and perm epreneurs w e City of C borative app use they we supportive,  ficant selling tive relation hank you for unities to co ross this wi t space, ac mitting requ will make a  hicago food proach).  We ere nervous  collaborativ g point for o nship but to  r your consid ollaborate wi dened rang cess to loca uirements, a significant d d business l e have a nu about the  ve approach our kitchen expanding it deration and ith City staff e if issues w al financing as well as a difference in icensing issu umber of clie uncertain en h of Evans .  We are c t across a wi d appreciate f are suggest will be impo g options, e a general “a n attracting  ues demons ents working nvironment  ton’s Healt committed t ider range o  your suppo ted by our ex ortant to ou easy navigat atmosphere” clients for  strate the p g in our kitc within the  h Departme o not only  f issues.    rt.      1601 Payne S Evanston, Il 6 847-570- www.nwcookin xperience: ur clients.  R tion of licen ” of suppor all of us (h pitfalls of a  chens specif City proper ent has be maintaining 12 Street 60201 -4140 n.com Right‐ nsing,  rt for  highly  non‐ fically  , and  en a  g that  316 of 326 13 1601 Payne Street Evanston, Il 60201 847-570-4140 www.nwcookin.com Length of Time at NWC Distribution by Business Type APPENDIX I. Support for Evanston businesses: The owner of Now We’re Cookin’ is an Evanston resident. In addition, the facility has hosted 12 food businesses with Evanston – based business owners or strong ties to Evanston over the past year; - DeFloured (owner related to owners of Lulu’s; recently moved to dedicated space) - Mollenhauer Catering - The Rootsy Vegan - Green Bag Lunch (merged, but owners Evanston residents) - Carmel’s Caramel’s - Crust Bakery (started at NWCookin, now managing Winter market) - Custom Confections - Foodie Baby - Fresh Takes Kitchen - Gotta B Crepes - Heika’s Treats - J. Lafayette Catering II. Client Distribution Statistics < 1  year 28% 1 ‐2  years 36% > 2  years 36% 0 2 4 6 8 10 CateringBaking/PastryCanned/Jar…Candy/Choc…Ice …Gluten/Alle…Meal …Other …Active Occasional 317 of 326 14 1601 Payne Street Evanston, Il 60201 847-570-4140 www.nwcookin.com III. Now We’re Cookin’ in the Evanston Community Now We’re Cookin’s contributions to the local community are broader than the food incubator. Activities/collaborations have included: Business Mentoring and Spin-out: 1) 5 businesses moved from NWC to their own spaces, 1 of which was located in Evanston 2) Mentoring winner of Kellogg 2011 Social Entrepreneurship competition – Fresh Takes Kitchen – which piloted their low-cost meal delivery program at the Evanston Y 3) New Food Entrepreneurship training program developed in collaboration with NU graduate students 4) Prepare incubator clients for farmers market participation through ongoing coaching, providing access to resources (packaging and labeling expertise, access to health/food regulators, etc) 5) Hosted or co-hosted (with North Shore Community Bank) seminars on range of topics, directed at entrepreneurs . Healthy Eating and Home Cooking Education - 6) Filmed home sanitation video for City Health Department; collaborating on broader 2012 initiative 7) Classes for WOW group (women out walking initiative) 8) Classes for Second Baptist Health Ministry 9) Co-teaching NU Center for Talent Development Culinary Science summer course for high school students 10) Cooking Demonstrations at Evanston Farmers Markets 11) Member of Health Department’s Restaurant Safety group 12) Starlight Children’s Foundation cooking class 13) Annual Apple Pie baking class for McCormack Boys and Girls 14) Park Ridge Park District class Promotion of “local” food options - 15) Participating in Evanston 150 Year-Round Market committee 16) Created and host the annual Evanston Harvest Celebration – featuring Evanston’s best chefs and benefitting the Evanston Farmers’ Market 17) Hosted variety of “get to know” sessions with Farmers’ Market farmers/producers, along with related cooking classes 318 of 326 15 1601 Payne Street Evanston, Il 60201 847-570-4140 www.nwcookin.com Collaborations/Services to Broader Evanston Community - 18) Event space used for fund raising and Board activities of the following Evanston-based NFPs: a. The Cradle (multiple) b. Infant Welfare c. Connections for the Homeless d. Child Care Center of Evanston (multiple years) e. The Mitchell Museum f. ECDC g. Orrington School PTA h. American Cancer Society i. Evanston Community Foundation 19) Participated in variety of Chamber events – including Mash-up jointly with Incubator clients, hosting networking events, and seminars 20) Co-host events/activities with Whole Foods Evanston (Custer and Ethnic Arts Festival demonstrations, in-store classes, etc) 21) Range of interactions with Northwestern community a. Utilize pro-bono services (Marketing team from Kellogg, Law clinic services) b. Hired a number of student interns c. Utilized graduate students to develop Food Business 101 training program d. Host the Dance Marathon’s Top Chef Competition (5th year running) e. Host frequent graduate and undergraduate groups for cooking sessions f. Host staff and other groups for cooking “off-sites” g. Location for Kellogg recruiting events hosted by major corporations/consultancies 22) Have hosted the shooting of numerous film spots for NBC, the Big Ten Network, The Food Channel, Kraft, and others (United Airlines this month) – providing broader visibility for both NWC and Evanston as a whole IV. Some of the Evanston-based businesses frequented by NWC and our clients – The Spice House Old Town Oil and Vinegar Whole Foods Dominic’s J.D.Mills World Market Bennison’s Bakery Sam’s Club Various liquor vendors 319 of 326 16 1601 Payne Street Evanston, Il 60201 847-570-4140 www.nwcookin.com Web Design and Marketing Resources Professional Services (Legal, Accounting, Insurance) V. Proposed Incubator Client Tracking Data To measure the success of our incubator operation, we are proposing to maintain tracking of clients coming through Now We’re Cookin across the following data-points: - Initial Contact - Training program Participation Dates - Kitchen Rental (start, end) - Employee Numbers (start, upon leaving NWC) - Sales Growth (start, upon leaving NWC) - Location after NWC - Time to reach “fully loaded” cash break even - Time in business after NWC - External Financing Obtained (Y/N, when) 320 of 326 For City Council meeting of July 23, 2012 Item O4 Resolution 53-R-12: Amendment to 2012 One Year Action Plan For Action To: Honorable Mayor and Members of the City Council From: Housing & Community Development Act Committee Subject: Resolution 53-R-12, amending the 2012 One Year Action Plan recommended by the Housing & Community Development Act Committee Date: June 25, 2012 Recommended Action: The Housing & Community Development Act Committee recommends approval of resolution 53-R-12, authorizing the City Manager to submit a Substantial Amendment to the City of Evanston Consolidated Plan 2012 Action Plan for the Community Development Block Grant Program. The Substantial Amendment to the City’s 2012 Action Plan withdraws $93,000 from the CEDA Minor Repair & Painting Program and reallocates those funds to a City-managed program that will make essential repairs to homes with life safety issues and whose owners are income-eligible but do not qualify for CDBG loans; and allocates $100,000 in uncommitted CDBG funds (program income and unallocated 2012 entitlement) to the Façade Improvement and Business Development Fund for CDBG-eligible economic development activities. Funding Source: Funding source is the City’s 2012 CDBG entitlement grant and CDBG Program Income. Summary: The Housing & Community Development Act Committee submits the proposed Substantial Amendment to the City’s One-Year Action Plan for 2012 relating to the City’s Community Development Block Grant program. Withdrawal of funding for CEDA Minor Repair & Painting Program and reallocation of those funds to a new, City-managed housing repair grant program. The Community Economic Development Association (CEDA) informed the City that it will not continue the Minor Repair & Painting Program, which was allocated $93,000 in CDBG funding in the City’s 2012 Action Plan. The Housing & Community Development Act Committee and staff recommend withdrawal of $93,000 in CDBG funds for the Minor Repair & Painting Program, which requires a Substantial Amendment to the City’s 2012 Action Plan, and reallocation to a City-managed program that will make essential Memorandum 321 of 326 Page 2 of 3 repairs to owner-occupied single-family homes that have life safety issues but are not eligible for CDBG loans. This new program would be managed by the Housing Rehab staff with construction work contracted out, as with the CDBG Rehab Loan Program. Efforts will be made to award work to Evanston contractors that qualify as HUD Section 3 (business ownership is low/moderate income or 30% of construction workers hired are low/moderate income). Examples of eligible projects include failed furnaces, roofs and lateral sewer lines, and structurally unsound stairs/porches. Program eligibility requirements will target households with the greatest need by establishing limits on liquid assets and a funding cap per project. Allocation of $100,000 in uncommitted CDBG funds to the Façade Improvement and Business Development Fund for CDBG-eligible economic development activities Following allocation of $75,000 in CDBG as a loan to Chicago’s Home of Chicken & Waffles for its new location at 2424 Dempster Street, the balance in that CDBG fund is $457, insufficient to fund additional projects in 2012. Allocation of $100,000 of uncommitted CDBG funds to the Façade Improvement and Business Development Fund would enable the City to assist additional projects that address economic development goals of the City, particularly those the City’s Neighborhood Revitalization Strategy Area plans that focus on the areas of greatest need in Evanston, as they arise throughout the year. Uncommitted funds include $96,564 in 2012 CDBG because the City’s 2012 grant of $1,587,064 is larger than the $1,490,500 estimate used in the 2012 Action Plan, and $208,195 in CDBG program income comprising the TIF funds used to “buy out” the City’s CDBG investment in 1817 Church Street. The Façade Improvement and Business Development Fund is a valuable and flexible resource for economic development projects, particularly for those that are outside the TIF districts or for needs such as operating capital that is not an eligible use of TIF. CDBG may also be layered with TIF and/or Economic Development funds on larger projects. Recommendations for individual projects would be developed by Economic Development staff following CDBG underwriting guidelines, and working with the Housing & Grants Administrator to ensure compliance with federal regulations. Any funds not spent in 2012 would carry over to 2013, following the current practice for the Façade Improvement and Business Development Fund. Because CDBG funds were not allocated to this fund in the 2012 Action Plan, a substantial amendment to the City’s 2012 Action Plan is required. Legislative History The Housing and Community Development Act Committee voted unanimously to recommend approval of the proposed Substantial Amendment at its meeting on May 15, 2012 meeting. Notice of the 30-day public comment period regarding the proposed Substantial Amendment and funding changes was published in Triblocal, posted on the City’s website and emailed to a list of individuals and organizations who have indicated an interest in receiving information about the City’s CDBG program. In addition, a public hearing for input was held at the Housing & Community Development Act Committee June 19, 2012 meeting. No public comment was received on this Substantial 322 of 326 Page 3 of 3 Amendment, although two residents spoke in favor of developing additional affordable rental housing using HOME funds. Attachment Resolution 53-R-12 323 of 326 6/21/2012 53-R-12 A RESOLUTION Authorizing the City Manager to Submit a Substantial Amendment to the City of Evanston Consolidated Plan 2012 Action Plan for the Community Development Block Grant Program WHEREAS, the Congress of the United States did adopt: Public Law 93- 383, Title I of the Housing and Community Development Act of 1974, which established the Community Development Block Grant (“CDBG”) Program); Public Law 101-625, the Cranston-Gonzales National Affordable Housing Act, which established the HOME Investment Partnerships Program; and Public Law 100-77, the Stewart B. McKinney Homeless Assistance Act, which established the Emergency Solutions Grants (“ESG”) Program; and WHEREAS, the City of Evanston is an “Entitlement City” by definition in said Acts, and as such, is eligible to make application to the United States Department of Housing and Urban Development (“HUD”) for said grant programs; and WHEREAS, the City received notification from HUD that its 2012 CDBG grant amount is one million, five hundred eighty-seven thousand, sixty-four dollars ($1,587,064), which is ninety-six thousand, five hundred sixty-four dollars ($96,564) more than the estimated amount used in planning and the preparation of the City’s 2012 Action Plan; and WHEREAS, the Community Economic Development Association (“CEDA”) did notify the City of Evanston that it will not implement the Minor Repair & 324 of 326 53-R-12 ~ 2 ~ Painting Program, which was allocated ninety-three thousand dollars ($93,000) in CDBG funding in the City’s 2012 Action Plan; and WHEREAS, the City CDBG program realized two hundred eight thousand, one hundred ninety-five dollars ($208,195) in additional Program Income from the sale of 1817 Church Street that is uncommitted to programs or projects in the 2012 Action Plan; and WHEREAS, the City’s Housing & Community Development Act Committee discussed and recommended changes to the 2012 Action Plan at its meeting of May 15, 2012 to revise CDBG allocations by program or project based on the above described changes; and WHEREAS, the following changes comprise the Substantial Amendment to the 2012 Action Plan: • Withdrawal of ninety-three thousand dollars ($93,000) from the CEDA Minor Repair & Painting Program and reallocation to a City-managed program that will make emergency housing repairs to homes with life safety issues and whose owners are income-eligible but do not qualify for CDBG loans. • Allocation of one hundred thousand dollars ($100,000) in uncommitted CDBG funds (program income and unallocated 2012 entitlement) to the Façade Improvement and Business Development Fund for CDBG-eligible economic development activities; and WHEREAS, the City followed the Citizen Participation Plan in its 2010- 2014 Consolidated Plan, including holding a thirty (30)-day public comment period from May 31 to June 29, 2012 and a public hearing at the June 19, 2012 meeting of the Housing & Community Development Act Committee to hear public comment; and WHEREAS, the Housing & Community Development Act Committee recommends City Council approval of the proposed Substantial Amendment, 325 of 326 53-R-12 ~ 3 ~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Substantial Amendment to the City of Evanston Consolidated Plan 2012 Action Plan for the Community Development Block Grant Program. SECTION 3: The City Manager is hereby authorized to transmit said Substantial Amendment to the City of Evanston Consolidated Plan 20112 Action Plan to the U.S. Department of Housing and Urban Development, and to provide any additional information as may be required. SECTION 4: This Resolution 53-R-12 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: __________________, 2012 326 of 326