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HomeMy WebLinkAbout09.24.12 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, September 24, 2012 Administration & Public Works (A&PW) Committee meets at 5:45 p.m. Planning & Development (P&D) Committee meets at 7:15 pm City Council meeting convenes immediately after the conclusion of the P&D Committee meeting ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Wynne (II) Mayor Public Announcements (III) City Manager Public Announcements Paint Evanston Purple, September 29, 2012 (IV) Communications: City Clerk (V) Citizen Comment Members of the public are welcome to speak at City Council meetings. As part of the Council agenda, a period for citizen comments shall be offered at the commencement of each regular Council meeting. Those wishing to speak should sign their name, address and the agenda item or topic to be addressed on a designated participation sheet. If there are five or fewer speakers, fifteen minutes shall be provided for Citizen Comment. If there are more than five speakers, a period of forty-five minutes shall be provided for all comment, and no individual shall speak longer than three minutes. The Mayor will allocate time among the speakers to ensure that Citizen Comment does not exceed forty-five minutes. The business of the City Council shall commence forty-five minutes after the beginning of Citizen Comment. Aldermen do not respond during Citizen Comment. Citizen Comment is intended to foster dialogue in a respectful and civil manner. Citizen comments are requested to be made with these guidelines in mind. (VI) Special Orders of Business (SP1) Technology Innovation Center (SP2) Robert Crown Update (SP3) Pedestrian Safety Update (SP4) Sidewalk Maintenance 1 of 631 City Council Agenda September 24, 2012 Page 2 of 9 9/20/2012 4:38 PM (VII) Consent Agenda: Alderman Rainey (VIII) Report of the Standing Committees Administration & Public Works - Alderman Grover Planning & Development - Alderman Fiske Human Services - Alderman Holmes (IX) Call of the Wards (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (X) Executive Session (XI) Adjournment SPECIAL ORDERS OF BUSINESS (SP1) Approval of Technology Innovation Center 2012 Funding Request Mayor Tisdahl requests consideration of staff’s recommendation to disburse the remaining $50,000 in grant funds to Technology Innovation Center (TIC) for the period July 1, 2012 through December 31, 2012, as authorized by Section 2 of Exhibit A to Resolution 48-R-12, approved June 11, 2012. For Action (SP2) Selection of Final Project Teams to Negotiate Design, Build, Finance and Operate an Ice Arena and Community Center within Crown Park The Crown Park Community Center Evaluation Committee recommends that the City Council direct the City Manager to initiate negotiations with two prequalified respondents, Crown Park Community Partnership (William Blair) and McCaffery Evanston Recreation LLC (McCaffery Interests), in order to obtain a best and final offer to Design, Build, Finance and Operate an Ice Rink and Community Center within Crown Park. For Action (SP3) Pedestrian Safety Update The Public Works Department will be presenting a report on the implementation/progress of the pedestrian safety recommendations. The City and District 65 started the school year with a safety in mind. For Discussion (SP4) 50/50 Sidewalk Maintenance Program The Public Works Department will make a presentation on the 50/50 Sidewalk Maintenance Program. The presentation will focus on how temporary maintenance is performed. For Discussion 2 of 631 City Council Agenda September 24, 2012 Page 3 of 9 9/20/2012 4:38 PM CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of September 10, 2012 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through 09/09/12 $2,538,746.09 (A2) City of Evanston Bills FY2012 09/25/12 $3,823,091.11 (A3.1) Approval of Agreement with CTL Group for Inspection of 1934 Reservoir and 1948 Settling Basins at the Water Treatment Plant (RFP 12-158) Staff recommends that City Council authorize the City Manager to execute an agreement for professional services for inspection of the 1934 Reservoir and 1948 Settling Basins at the Evanston Water Treatment Facility (RFP 12-158) to CTL Group (5400 Old Orchard Road, Skokie, IL) in the not-to-exceed amount of $89,000. Funding is provided by the Water Fund General Support Account 7100.62180, which has a FY 2012 budget allocation of $75,000, with additional funding of $14,000 from the Water Fund CIP Account 733097.65515 due to deferral of other projects. For Action (A3.2) Approval Engineering Services Agreement with Baxter & Woodman, Inc. for Water Treatment Plant Master Flow Meter and Chemical Feed Improvements (RFP 12-151) Staff recommends City Council authorize the City Manager to execute an agreement for engineering services for the water treatment plant master flow meter and chemical feed improvements project (RFP 12-151) with Baxter & Woodman, Inc. (39 S. LaSalle Street, Suite 816, Chicago, IL) in the not-to- exceed amount of $95,900. Funding is provided by the Water Fund, Capital Improvement Account 733074.62140 which has a FY 2012 budget allocation of $50,000 and a proposed FY 2013 allocation of $50,000 for engineering services. For Action (A4) Resolution 67-R-12 Authorizing the City Manager to Sign Notifications of Grant Awards to Fund a Senior Meal Congregate Program Staff recommends City Council approval of Resolution 67-R-12 authorizing the City Manager to sign notification of grant awards to help fund and operate a congregate senior meal program at the Levy Senior Center and Fleetwood- Jourdain Community Center. For Action 3 of 631 City Council Agenda September 24, 2012 Page 4 of 9 9/20/2012 4:38 PM (A4.1) Approval of Contract Renewal with Catholic Charities Lunch-n-More for Senior Meal Food Programs Staff recommends City Council authorize the City Manager to renew the contract with Catholic Charities Lunch-n-More (6212 S. Sangamon, Chicago, IL) to provide a senior meal congregate program at the Levy Senior Center and Fleetwood-Jourdain Community Center from October 1, 2012 through September 30, 2013 in the not-to-exceed amount of $4.27 per lunch meal. Total meal program contract value is projected at $43,456. Funding is provided by General Fund Accounts within the Fleetwood-Jourdain and Levy Center business units. For Action (A5) Resolution 68-R-12 Assignment of a Sublease of Real Property at Green Bay Road and Central Street by Top of the Tracks, Inc. Coffee Shop to SEG Café LLC Recommend the City Council’s approval of Resolution 68-R-12 authorizing the City Manager to sign the assignment of the sublease agreement by Top of the Tracks to SEG Café LLC. For Action (A6) Ordinance 99-O-12, Relating to Bicycle Use in Alleys Staff recommends consideration of Ordinance 99-O-12 which amends portions of Title 10 Chapter 9, and Section 10-1-3 of the Evanston City Code of 2012 (“City Code”), as amended, relating to bicycles and the use of bicycles within the City. For Introduction (A7) Ordinance 100-O-12, Decreasing the number of Class C Liquor Licenses Due to Closure of Hota Restaurant , 2545 Prairie Avenue Staff recommends adoption of Ordinance 100-O-12, which amends Subsection 3- 5-6-(C) of the Evanston City Code of 1979 (“City Code”), as amended, to decrease the number of Class C liquor licenses from 29 to 28 due to the closure of Hota Restaurant, 2545 Prairie Avenue . For Introduction (A8) Ordinance 101-O-12, Increasing the number of Class N Liquor Licenses for Issuance to Whole Foods, 1111 Chicago Ave. Staff recommends adoption of Ordinance 101-O-12 which amends Subsection 3- 5-6-(N) of the Evanston City Code of 1979 (“City Code”), as amended, to increase the number of Class N liquor licenses from six to seven to permit issuance to Whole Foods Market, 1111 Chicago Avenue . For Introduction (A9) Ordinance 102-O-12, Decreasing the Number of Class O Liquor Licenses for Class N Issuance to Whole Foods, 1111 Chicago Ave. Staff recommends adoption of Ordinance 102-O-12 which amends Subsection 3- 5-6-(O) of the Evanston City Code of 1979 (“City Code”), as amended, to decrease the number of Class O liquor licenses from three to two . For Introduction 4 of 631 City Council Agenda September 24, 2012 Page 5 of 9 9/20/2012 4:38 PM (A10) Ordinance 103-O-12, Increasing the Number of Class O Liquor Licenses for Issuance to Trader Joe’s , 1211 Chicago Avenue Staff recommends adoption of Ordinance 103-O-12 which amends Subsection 3- 5-6-(O) of the Evanston City Code of 1979 (“City Code”), as amended, to increase the number of Class O liquor licenses from two to three, permitting issuance to Trader Joe’s East, Inc., d/b/a, Trader Joe’s, 1211 Chicago Avenue. For Introduction (A11) Ordinance 104-O-12, Creating O-1 Liquor License Classification and Permitting Issuance to Jayharipath, Inc., d/b/a 7-Eleven (817 Emerson) Staff recommends adoption of Ordinance 104-O-12 which amends Title 3 Chapter 5 Section 6 of the Evanston City Code of 1979 (“City Code”), as amended, to create the O-1 liquor license classification. Adoption of the ordinance will create a liquor license class applicable to grocery stores and combination stores with less than 12,000 square feet of production, preparation, and display area. For Introduction (A12) Ordinance 105-O-12, Increasing the Number of Class T Liquor Licenses Permitting Issuance to Smylie Bros. Restaurant and Brewery, 1615 Oak Ave. Staff recommends adoption of Ordinance 105-O-12 which amends Subsection 3- 5-6-(T) of the Evanston City Code of 1979 (“City Code”), as amended, to increase the number of Class T liquor licenses from zero to one to permit issuance to Smylie Bros. Restaurant and Brewery, 1615 Oak Ave. For Introduction The Compensation Committee recommends adoption of the following five Ordinances (A13 to A17) setting salary compensation for Evanston’s elected officials. These ordinances were introduced at the September 10, 2012 City Council meeting. (A13) Ordinance 87-O-12: Setting Compensation for Members of the Evanston City Council Ordinance 87-O-12 sets compensation for members of the Evanston City Council with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. For Action (A14) Ordinance 88-O-12: Setting Compensation for the Evanston City Clerk Ordinance 88-O-12 sets compensation for the Evanston City Clerk with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. For Action (A15) Ordinance 89-O-12: Setting Compensation for the Mayor Ordinance 89-O-12 sets compensation for the Mayor of Evanston with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. For Action 5 of 631 City Council Agenda September 24, 2012 Page 6 of 9 9/20/2012 4:38 PM (A16) Ordinance 90-O-12: Setting Compensation for the Township Assessor Ordinance 90-O-12 sets compensation for the Township Assessor with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. For Action (A17) Ordinance 91-O-12: Setting Compensation for the Township Supervisor Ordinance 87-O-12 sets compensation for the Township Supervisor with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. For Action The following four agenda items (A18 to A21) pertain to the implementation of Emerson Square, a component of the City’s $18.15 million Neighborhood Stabilization Program 2 (“NSP2”) grant, awarded by HUD. These ordinances were introduced at the September 10, 2012 City Council meeting. (A18) Ordinance 92-O-12; Authorizing the City Manager to Negotiate a Sale Contract for Lots 1 and 2, Real Property Located at 1600 Foster Street Staff recommends adoption of Ordinance 92-O-12 authorizing the City Manager to negotiate a real estate contract to sell Lots 1 and 2, described in Resolution 63-R-12 that subdivides the City-owned property at 1600 Foster Street, Evanston, Illinois 60201 (the “Property”). For Action (A19) Ordinance 93-O-12; Authorizing the Sale of Lots 1 and 2, Real Property Located at 1600 Foster Street Staff recommends adoption of Ordinance 93-O-12 authorizing the City Manager to execute a real estate contract to sell Lots 1 and 2, portions of the vacant property at 1600 Foster Street, Evanston, Illinois 60201 (the “Property”), to CB Land, LLC. For Action (A20) Ordinance 97-O-12; Authorizing the City Manager to Negotiate a Sale Contract for Lots 3, 4 and 5 and Outlots A and B, Real Property Located at 1600 Foster Avenue Staff recommends adoption of Ordinance 97-O-12 authorizing the City Manager to negotiate a real estate contract to sell Lots 3, 4 and 5 and Outlots A and B, identified in Resolution 63-R-12, which subdivides the City-owned property at 1600 Foster Avenue, Evanston, Illinois 60201 (the “Property”). For Action (A21) Ordinance 98-O-12; Authorizing the Sale Contract for Lots 3, 4 and 5, and Outlots A and B, Real Property Located at 1600 Foster Avenue Staff recommends adoption of Ordinance 98-O-12 authorizing the City Manager to execute a real estate contract to sell Lots 3,4 and 5, and Outlots A and B, portions of a vacant property at 1600 Foster Avenue, Evanston, Illinois 60201 (the “Property”) to EMSQ Holding, LLC. For Action 6 of 631 City Council Agenda September 24, 2012 Page 7 of 9 9/20/2012 4:38 PM PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 38-O-11 amending Title 5, Chapter 8 of the City Code to Require the Licensing of Rental Dwelling Units Staff recommends adoption of proposed Ordinance 38-O-11 regarding the Licensing of Rental Dwelling Units amending Title 5, Chapter 8 of the City Code to be effective July 1, 2013. The Planning and Development Committee considered and accepted the report of the Mayor’s Rental Unit Licensing Committee at the July 23, 2012, Planning and Development Committee meeting. For Introduction (P2) Ordinance 108-O-12, Amending Title 5, Chapter 2 of the City Code to Require the Licensing of Vacation Rentals Staff requests consideration of Ordinance 108-O-12, which amends Title 5, Chapter 2 of the City Code to create a license for persons who rent out their homes for fewer than 30 days, commonly referred to as vacation rentals. For Introduction (P3) Ordinance 96-O-12, Granting a Special Use Permit for a Planned Development Located at 1211 Chicago Avenue (Trader Joe’s), Plan Commission and City staff recommend the adoption of Ordinance 96-O-12, granting planned development approval for the proposed new Trader Joe’s at 1211 Chicago Avenue. This ordinance was introduced at the September 10, 2012 City Council meeting. For Action HUMAN SERVICES COMMITTEE (H1) Approval of Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan Update and the creation of an ADA Advisory Group Staff recommends acceptance of the ADA Self-Evaluation and Transition Plan Update for Fiscal Year 2012 and consideration of approval for the creation of an ADA Advisory Group to assist the City of Evanston with prioritizing ADA issues and infrastructure improvements. For Action 7 of 631 City Council Agenda September 24, 2012 Page 8 of 9 9/20/2012 4:38 PM ECONOMIC DEVELOPMENT COMMITTEE (O1) Approval of Financial Assistance through the Façade Improvement Program for 607 Howard LLC (607-609 Howard Street) The Economic Development Committee and staff recommend approval of financial assistance for façade improvements for 607 Howard, LLC (Sam Prassinos), located at 607-609 Howard Street on a 50/50 cost sharing basis in an amount not to exceed $12,500. Funding is provided by the Howard/Ridge TIF District Fund’s Other Improvements Account (5860.65515), with an approved FY2012 Budget allocation of $470,000. For Action RULES (O2) Ordinance 61-O-12, Amending the City Code Relating to the Housing Commission, Hereafter Called the “Housing and Homelessness Commission” Rules Committee, Housing Commission, the Mayor’s Task Force on Homelessness and City staff recommend the adoption of Ordinance 61-O-12, which amends the City Code to establish the Housing and Homelessness Commission in place of the Housing Commission. For Introduction MEETINGS SCHEDULED THROUGH OCTOBER 2012 Upcoming Aldermanic Committee Meetings: Thurs, Sept 27 7:00 PM Housing & Community Dev Act Committee Mon, Oct 1 6:00 PM Rules Committee Mon, Oct 1 7:30 PM Human Services Committee Mon, Oct 2 7:00 PM NU-City Committee Mon, Oct 8 5:45 PM A&PW, P&D, Council Mon, Oct 15 7:00 PM City Council Meeting Tues, Oct 16 7:30 PM Housing & Community Dev Act Committee Wed, Oct 17 6:00 PM M/W/EBE Committee Thurs, Oct 18 7:00 PM Housing Commission Mon, Oct 22 5:45 PM A&PW, P&D, Council Wed, Oct 24 6:00 PM Transportation/Parking Committee Wed, Oct 24 7:30 PM Economic Development Committee Mon, Oct 22 7:00 PM City Council Meeting: Budget Discussion 8 of 631 City Council Agenda September 24, 2012 Page 9 of 9 9/20/2012 4:38 PM Order and agenda items are subject to change. Information is available about Evanston City Council meetings at: www.cityofevanston.org/citycouncil. Questions can be directed to the City Manager’s Office at 847-866-2936. The City is committed to ensuring accessibility for all citizens. If an accommodation is needed to participate in this meeting, please contact the City Manager’s Office 48 hours in advance so that arrangements can be made for the accommodation if possible. 9 of 631 1 To: Honorable Mayor and Members of the City Council From: Steve Griffin, Community and Economic Development Director Paul Zalmezak, Economic Development Coordinator Subject: Technology Innovation Center 2012 Funding Request Date: September 11, 2012 Recommended Action: Mayor Tisdahl requests consideration of staff’s recommendation to disburse the remaining $50,000 in grant funds to Technology Innovation Center (TIC) for the period July 1, 2012 through December 31, 2012, as authorized by Section 2 of Exhibit A to Resolution 48-R-12, approved June 11, 2012. Funding Source: Staff recommended funding this grant from the Economic Development Fund’s Economic Development Partnership Contribution Account (#5300.62659). The approved FY2012 budget includes a total of $280,000 for this account, of which staff budgeted $100,000 for TIC. Background: The TIC is a non-profit business incubator dedicated to supporting the growth of early stage technology-based businesses and is an integral partner in Evanston’s technology and entrepreneurial ecosystem. As Evanston’s flagship incubator, the TIC has served over 350 technology startups since its founding, with approximately 25 firms staying in Evanston upon graduating who employ nearly 500 people. While some are well known, including Peapod and Illinois Superconductor (ISCO), others are growing rapidly and attracting attention, including Leapfrog Online, Aginity, and Vibes Media. The TIC has approximately 25,000 square feet in two facilities in Evanston located at 820 Davis and 825 Chicago. Together, they provide office, laboratory and light manufacturing space for start ups. Amenities include conference areas, reception, and digital telephone, internet, and kitchen facilities. TIC offers short-term leases and flexible space options designed for early stage companies. In addition to the favorable lease options, TIC offers a number of services including business planning, legal clinics, seminars, networking events, and access to Northwestern University faculty and student interns. Memorandum For City Council meeting of September 24, 2012 Item SP1 Business by City Motion: 2012 Funding Request for Technology Innovation Center For Action 10 of 631 2 Having celebrated nearly 26 years in operation, the TIC has been recognized as a model incubator. Recent media attention including the WBEZ Changing Gear series and Forbes recognition of the TIC as one of ten incubators “changing the world” provides excellent marketing opportunities (i.e. media impressions) for Evanston as home to the incubator and the entrepreneurial spirit it represents. Summary: TIC has sought a $100,000 grant for FY 2012. To date, $50,000 has been disbursed, summarized as follows: - February 13, 2012: City Council approved a $25,000 grant to the TIC to support staffing and programming costs for the incubator for the first quarter of FY2012 (January 1-March 31, 2012). - June 11, 2012: City Council approved resolution 48-12-R authorizing the City Manager to execute the third Modification to the Funding Agreement with the TIC and approval of a $25,000 grant to the TIC for assistance with staffing and programming costs for a three month period, April 1, 2012 through June 30, 2012. Section II of the resolution (attached) authorized the City Manager to negotiate additional conditions prior to releasing the remaining $50,000. These conditions are outlined in the Background section of the attached memo to the EDC dated August 15, 2012. - August 22, 2012: At the meeting of the EDC, staff had recommended releasing the remaining $50,000 for the balance of FY2012 (July 1, 2012 through December 31, 2012), as staff believed TIC had made significant progress warranting payout. The EDC made no motion to support the staff recommendation at that time. - September 10, 2012: Mayor Tisdahl announced during the City Council meeting she intended to put the Technology Innovation Center funding on the September 24, 2012 City Council agenda. Attachments Resolution 48-R-12 Staff Memo to EDC dated August 15, 2012 June 11 City Council Agenda Transmittal Memo Staff Memo to EDC Dated May 18, 2012 11 of 631 5/31/2012 48-R-12 A RESOLUTION Authorizing the City Manager to Execute the Third Modification to the Funding Agreement with the Technology Innovation Center 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 third modification to the funding agreement between the City and the Technology Innovation Center, 820 Davis Street, attached hereto as Exhibit A and incorporated herein by reference (“Modification”). SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Modification as he may determine to be in the best interests of the City. SECTION 3: This Resolution 48-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 12 of 631 48-R-12 ~ 2 ~ EXHIBIT A Third Modification to the Funding Agreement Between the City and the Technology Innovation Center 13 of 631 Page 1 of 3 THIRD MODIFICATION OF TECHNOLOGY BASED EVANSTON BUSINESS DEVELOPMENT FUNDING AGREEMENT This “Third Modification of Technology Based Evanston Business Development Funding Agreement” (“Third Modification”) extends the Technology Based Evanston Business Development Funding Agreement (“Funding Agreement”), effective April 1, 2012, between the Technology Innovation Center (“TIC”), with principal offices at 820 Davis Street, Evanston, Illinois 60201, and the City of Evanston (“Evanston”), with principal offices at 2100 Ridge Avenue, Evanston, Illinois 60201. Background Recitals The Funding Agreement expired by its amended terms (paragraph 4.j.) on or about March 31, 2012. Evanston and TIC have substantially completed performance of the Funding Agreement. Evanston and TIC desire to modify the Funding Agreement by extending its term and by Evanston paying TIC additional funding for continuing TIC services to Evanston, pursuant to certain conditions described herein. Paragraph 4.i. of the Funding Agreement prescribes the mechanism for modifying the Funding Agreement. Modification. In consideration of the premises and other consideration, the receipt and adequacy of which the parties acknowledge, and in conformity with paragraph 4.i. of the Funding Agreement, Evanston and TIC agree to modify the Funding Agreement as follows: 1. The Term of the Funding Agreement shall extend to December 31, 2012, and the Funding Agreement, paragraph 4.j., Termination, shall be amended to read as follows: Except as otherwise provided in this Agreement, this Agreement shall terminate on March December 31, 2012, but the City Evanston may terminate this Agreement at any time, for good cause shown. Should TIC desire to terminate the Agreement before March December 31, 2012, it shall give written notice of its intent to the City Evanston thirty (30) days prior to the effective date of termination. 2. Evanston shall pay to TIC the additional sum of Twenty-five Thousand United States Dollars (U.S. $25,000.00) no later than thirty (30) days after Evanston and TIC execute this Modification, and paragraph 1 of the Terms of the Funding Agreement, “Funding,” shall be amended to include the following: 14 of 631 Page 2 of 3 No later than thirty (30) days after Evanston and TIC execute the Third Modification to this Funding Agreement, Evanston shall pay an additional U.S. $25,000.00 to TIC for use in pursuing its Performance Objectives, as set out in Paragraph 3 of this Funding Agreement. Upon approval by its Economic Development Committee and City Council, Evanston shall pay an additional U.S. $50,000.00 to TIC provided that TIC has met, to Evanston’s reasonable satisfaction, Performance Objectives p through y, inclusive, of Paragraph 3 of this Funding Agreement. 3. Paragraph 3 of the Funding Agreement, “TIC Performance Objectives,” shall be amended to include the following: p. Provide information about TIC companies (e.g., number of employees, tenure, industry) to Evanston staff and/or Economic Development Committee upon request; q. Provide descriptions of the business model, including board of directors, advisory board, staff positions, and the role of 820 Davis, LLC with regards to TIC operations. r. Provide TIC staff job descriptions. s. Convey the results/outcomes of the programs and seminars provided by the TIC; t. Create a new framework for measuring the success of the TIC, in order to track return on investment (“ROI”). u. Outline the FY 2012 Funding Request in a simplified fashion, including sources and uses of funds. v. Summarize the proprietary Evanston Business Investment Company (“EBIC”) plan that TIC has created for the purposes of reducing reliance on Evanston’s funding and providing an investment vehicle for startups. w. Provide descriptions of the services TIC provides to its client companies and the broader Evanston technology community. x. Create a method for tracking detailed information about TIC clients, including baselines from which to measure Evanston’s ROI and TIC success, including, but not limited to, incubation tenure, retention rates, jobs created. y. Provide a tool for proactive retention measures and provide Evanston staff with access to the TIC firms so staff may review retention efforts. 4. This Third Modification is hereby incorporated in its entirety into, and made a part of, the Funding Agreement as if expressly set out in the Terms of the Funding Agreement. 5. Except as expressly amended by this Third Modification, the original Funding Agreement shall continue in effect according to its terms, as amended by the First and Second Modifications. 15 of 631 Page 3 of 3 IN WITNESS WHEREOF, both Evanston and TIC have executed this Agreement by their duly authorized representatives on the ____ day of ________________, 2012, in Evanston, Illinois, United States of America. THE CITY OF EVANSTON By: ___________________________ Its: ___________________________ Date: __________________, 2012 THE TECHNOLOGY INNOVATION CENTER By: ___________________________ Its: ___________________________ Date: __________________, 2012 16 of 631 To: Chair and Members of the Economic Development Committee From: Steve Griffin, Director Community & Economic Development Paul Zalmezak, Economic Development Coordinator Subject: Technology Innovation Center (TIC) 2012 Funding Request Date: August 15, 2012 Recommendation Staff supports a recommendation from the Economic Development Committee (EDC) to the City Council to provide an Economic Development grant to the Technology Innovation Center in the amount of $50,000. Funding Source Staff recommends funding this grant from the Economic Development Fund’s Economic Development Partnership Contribution Account (5300.62659). The approved FY12 budget allocated a total of $500,000 to this account, of which $100,000 was budgeted for potential TIC assistance. Background At the May 23, 2012 meeting, the Economic Development Committee recommended approval of $75,000 of funding assistance to the TIC, for the period of April 1, 2012 through December 31, 2012. Upon staff’s recommendation, the Committee recommended to City Council that the $75,000 be paid in two installments. On June 11, 2012, the City Council approved the recommendation. The first $25,000 was paid immediately to the TIC to cover period April 1, 2012 through June 30, 2012. The remaining $50,000 was to be paid upon successful completion of a series of recommended tasks summarized below: 1. Finish the client and alumni roster. 2. Host a major business plan/pitch day competition in downtown Evanston in 2012. 3. Provide City staff access to TIC clients for proactive retention efforts. 4. Alert staff when a client firm is seeking to relocate out of the TIC in order to allow City staff the opportunity to present potential retention options to encourage companies to expand in Evanston. 5. Establish a more defined meeting schedule of the Board of Directors. 6. Further define the role of the Advisory Board members. Memorandum 17 of 631 7. Provide a plan for expanding and diversifying the Board membership. 8. Create a detailed marketing plan aimed at promoting TIC and City of Evanston as the premier City for startups. 9. Continue weekly TIC / staff meetups. 10. Utilize a web based RSVP service (e.g. Eventbrite) for all TIC hosted seminars, 11. Implement the use the of an opinion survey for each event Attached is TIC’s report on their progress toward achieving these objectives. Staff and TIC have met periodically since the June 11th City Council approval to address the remaining tasks. It is staff’s opinion that TIC has made significant progress warranting the release of the remaining $50,000. While the business plan competition hasn’t taken place, staff recognizes that the planning for it is underway with a date established (October 15th), commitments from panelists, and medical device innovations chosen as the focus. Because this is a significant event, Staff agreed that more time was required to produce the event and that having established a date and getting a committed panel showed major progress. It would be difficult to cancel the event. As has been previously reported to Council, the City’s funding of TIC primarily goes to Mr. Lavengood’s salary. Mr. Lavengood has been operating without a salary since July 1, 2012 as the previously approved $25,000 covered the period April 1st through June 30, 2012. Holding back funding until late fall to await delivery of the business plan competition poses a financial hardship for Mr. Lavengood. Recommendation Because staff believes the TIC / City of Evanston partnership yields a number of public benefits through the nurturing and promoting of the Evanston-based start ups, staff supports funding of the TIC for the balance of FY12. Staff is seeking a recommendation from the Economic Development Committee to the City Council to release the remaining Economic Development grant in the amount of $50,000 for the period July 1, 2012 through December 31, 2012 to be paid within 30 days of City Council approval of this grant. Attachments • Technology Innovation Center FY 2012 Remaining Tasks • TIC Client Company and Alumni Roster Draft • TIC Report January 1 - Present • June 7, 2012 City Council Memo 18 of 631 Technology Innovation Center FY 2012 Remaining Tasks Note: It is our understanding that FY 2012 goes through December 31, not June 30. Therefore, progress on these tasks is required for funding, but not completion of these tasks. 1. Finish the client and alumni database See the Client and Alumni Database (attached) for our progress so far. Here are the results of our ongoing 2012 survey: 2012 Survey: Totals So Far 2012 Survey of Incubator Companies (In Progress) Total # of Companies # of Companies Responding Total square feet Employees - Full Time Alumni Companies in Evanston, 2012 25 13 97,600 475 Current Incubator Companies 34 28 25,165 81 Totals 59 122,765 556 2010 Survey of Incubator Companies (For comparison) Total # of Companies # of Companies Responding Total square feet Employees - Full Time Alumni Companies in Evanston, 2010 23 21 110,042 391 Current Incubator Companies 44 44 25,165 79 Totals 67 135,207 470 19 of 631 Notes on 2012 Survey Data The TIC completed a preliminary report based on a survey of Incubator companies and alumni located in Evanston. TIC sent a questionnaire to 60 Incubator alumni and current companies, and so far have collected responses from 36 of these companies (a 60% response rate). These include many of the larger Incubator alumni companies in Evanston, but several of the largest have not responded yet. TIC found that the 8 largest responding alumni companies currently employ 458 full-time employees, up from 320 full-time employees for the same group in July, 2010. This is an increase in employment of 70%. Please be aware that these figures are for total employment, not limited exclusively to Evanston, though we believe the vast majority of jobs are local. Ten out of 36 respondents gave revenue figures (a 28% response rate). They report total revenues of $22,635,000 in 2011. Eight graduate companies report 84,300 total sq. ft. in Evanston under rental for an average of slightly more than 10,000 feet per company. These totals will grow considerably as more responses come in. TIC will continue to gather survey data. However, one can conclude that current and former TIC companies constitute the fastest growing sector of small business in Evanston. 2. Agree to update database as clients are admitted or depart --Agreed 3. Host a major business plan/pitch day competition in downtown Evanston in 2012, preferably in collaboration with other Evanston based partners We are planning to have the focus of the competition be on innovations in medical devices. We plan to host this competition during the week of October 15. We are close to finalizing the panel of judges/advisors for the competition. Sean O’Grady of the Evanston Chamber of Commerce, Brooks Crankshaw of Highland Ridge Capital, John Kennedy of Vasc-Alert, and Bob Shaw have agreed to serve on the judge/advisory panel. See below for biographies of the judges/advisors. We have sent invitations to several others and are awaiting their response. 20 of 631 We are interested in working with other organizations in Evanston to plan and host this competition. We have secured the participation of Downtown Evanston. CoLab declined to participate at this time. Wilburn Thomas, a marketing agency located at 825 Chicago Ave., may be able to provide space for the event, depending on the time and date of the competition. We expect to attract between 4 and 8 high quality entrepreneurs to present to the panel of judges/advisors. The panelists will then agree to serve as an advisory board for the winner, committing to at least quarterly meetings with milestones and a willingness to provide introductions with the industry where prudent. Judges/Advisors Panel Sean O’Grady Sean O'Grady is a health care operations executive with experience in academic, specialty and community-based hospital and medical group settings. Proven track record of exceeding revenue growth targets and expense reduction objectives. Recognized for ability to build high achieving teams and create enduring organizational change. O'Grady is Senior Vice President at NorthShore University HealthSystem, and has served as Vice President, Operations at the Rehabilitation Institute of Chicago and Administrative Director of BJC HealthCare. Brooks Crankshaw Brooks Crankshaw has over 22 years of top-tier corporate banking expertise in structured debt and equity placement, and has worked with clients from the financial services, consumer, health care, energy, and retailing industries in the U.S. and abroad. Brooks works in collaboration with senior management to finance their unique strategic growth, and has built strong relationships with global financing sources which provide the capital his clients require. Brooks is the CEO of Highland Ridge Capital LLC. He has served as Managing Director of Aon Benfield Securities, JP Morgan Securities, Bank One Europe Ltd., and Banc One Capital Markets, and as Vice President of First Chicago Capital Markets. John Kennedy John Kennedy is President of Vasc-Alert. Kennedy founded Marketing Information Systems in 1982 and was one of the first tenants in the Incubator in 1986. He successfully sold his business in 1998. Customers included over 500 corporations in the U.S. and Europe, including IBM Worldwide, DHL, MCI, and Thomson Publishing. Bob Shaw Owner of Milex, a medical device firm in disposables. Shaw sold the company in 2004 and now serves as a volunteer consultant at Northwestern University and other locations. 21 of 631 4. Agree to facilitate introduction of City staff to TIC clients for proactive retention efforts --Agreed 5. Establish a defined meeting schedule of the Board of Directors We will establish scheduled quarterly TIC Board Meetings which will include the current four corporate board members plus the four advisory board members. The quarterly schedule will begin in September 2012. When the Board convenes in September, there will be updates on the August 4/5 Maker Faire and also a major update on the progress of EBIC III. 6. Define the role of the Advisory Board members The Advisory Board’s job is to support sustainability of TIC and TIC client companies. We plan to enlist the aid of Advisory Board members in attracting funding from private sources, as opposed to relying solely on government funding organizations with declining budgets. Duties of Advisory Board members include: -- general strategy development for TIC operations. -- assist in prioritizing TIC initiatives. -- provide mentoring services to TIC companies. -- assist in fundraising, utilizing their contacts. 7. Provide a plan for expanding and diversifying the Board membership The plan to expand the TIC Board will develop as more investors become actively involved in EBIC III. Already several names have surfaced because of their willingness to participate actively in the fund. 8. Create a detailed plan to launch a more dynamic program squarely aimed at marketing the TIC and the City of Evanston as the premier City for startups – including attending / participating in events in Chicago such as Built in Chicago and Technori. 22 of 631 Our initial steps in creating an overall marketing plan include listing the initiatives we are planning and the intended audiences for these initiatives. We are planning the following initiatives: 1. EBIC III We are in the process now of developing the initial list of investors. We are able to attract investors because we have 4 potential deals valued at approximately $750,000 in loan demand from 4 potential borrowers. The pool of borrowers includes a current TIC client company, a well-qualified former TIC client company and a potential TIC client company. 2. Social Networking Blogging – we plan to author guest posts on prominent tech blogs. We are in the process of identifying which blogs would be most useful in marketing TIC and the City of Evanston as the premier city for startups. Video -- We are discussing a possible Youtube video about TIC. Maker Faire promotion -- We wrote an article about the Maker Faire in the Incubator’s May newsletter, sent to over 400 contacts. We wrote a press release, to be distributed to media outlets. A TIC representative marched in the Evanston 4th of July Parade with the Maker Faire float and distributed flyers about the Faire. We are actively promoting the Maker Faire on Facebook and Twitter. Facebook – We continue to post Incubator news, client company and alumni news on our Facebook page, as well as important tech industry news. Our Facebook page currently has 89 likes and has had a total reach of about 260 people per week for the past few weeks. Weekly total reach measures the number of unique people who have seen any content associated with a Page. We are planning a promotion on Facebook to encourage greater interaction with our Page. Twitter – We continue to send updates on Incubator news, client company and alumni news via Twitter. 3. Other government funding agencies At the suggestion of the Mayor, we are developing an agenda for TIC for presentation to Rep. Daniel Biss regarding our potential role in technology development in Illinois and the region. For instance, we will propose the following initiative: Evanston-wide initiative to assess the need for contractors, consultants, suppliers and other vendors to support NU’s $400 million/year basic research activity. This is a complex information analysis which to our knowledge has never before been 23 of 631 done in Evanston, giving Evanston’s small business community almost no participation in this, the largest economic activity in town. 4. International initiatives We are in discussion with an international business expert regarding a partnership to establish a new “soft landing” program at TIC. This program is similar to a program we had with the Japanese government between 2001 and 2010. Our current targets are Eastern Europe and China. Through the TIC network, we are in discussion with business and real estate interests in both regions, regarding support for their business incubation initiatives and providing the first location for small businesses in those areas interested in locating in the U.S. 5. We plan to participate in Chicago events such as those held by Built in Chicago and Technori. 9. Develop a protocol to alert economic development staff when a client firm is seeking to relocate out of the TIC 1.) TIC agrees to notify Economic Development staff when a TIC based company announces its intent to relocate from the TIC. 2.) Periodically, City staff will proactively contact firms who have resided at the TIC for a period of two years (the average incubation period according to the National Business Incubator Association) to discuss growth within Evanston. 10. Continue weekly TIC / City of Evanston Staff meetups --Agreed 11. Incorporate a web based RSVP service (e.g. Eventbrite) for all TIC hosted seminars, events, etc. to consistently track attendance by TIC and other Evanston companies from outside the TIC and to facilitate generation of reports to the City. --We established an Event Brite account and are currently using it to promote and track RSVPs for a Roundtable Discussion we are hosting on July 26. The speaker will be Brent Hamachek, president of SegueWay. We currently have received 15 RSVPs on EventBrite for this event. 12. Implement the use the of an opinion survey for each event about quality / relevance of seminar information and presenters and use the results for reports to City and for self-evaluation of the program topics, speakers, etc. 24 of 631 Here is a possible survey we could use (from SurveyMonkey.com) : Seminar Survey How experienced in the subject was the presenter? How skilled in the subject was the presenter? How prepared was the presenter? How useful to your company was the information presented at the event? Did the presenter allow too much time for discussion, too little time, or about the right amount of time? Was the event better than what you expected, worse than what you expected, or about what you expected? Overall, were you satisfied with the event, neither satisfied nor dissatisfied with it, or dissatisfied with it? 13. Discussion Draft a plan for the creation of a modernized and redesigned “front of the house” conference / collaborative office space on the first floor within 820 Davis. We currently have full conference room capability throughout 820 Davis Street. 25 of 631 Addendum to: TIC Report on Activities, January 1 – June 30, 2012 Total number of jobs created: 11 FT, 5 PT Company Full-Time Jobs Part-Time Jobs Sales-i 4 Illumen Group 2 Uberlube 1 2 E-Marketing Logic 1 Engrana 1 Prescouter 1 Ducom 1 Castleton Marketing Group 3 TOTAL 11 5 26 of 631 Technology Innovation Center Client Company RosterNameIndustryAdmissions Date Exit Date Tenure Exit Reason Current AddressAddress upon Graduating TICCurrent # of Full Time EmployeesCurrent # of Part Time EmployeesCompany NameTelecom, Bio, Nano, etc.Date of entrydate departingTotal YearsAcquired, Failed, Expanded Evanston, Expanded, RelocatedCurrent ClientsAssociation PointCloud computing/SaaS2yrs Current ClientTIC1AtmosphereTelecomm / IT Services4yrs Current ClientTIC22BenevolentOnline philanthropy1yrCurrent ClientTIC2CDM NovitecNoise and vibration isolation systems New Current ClientTIC1ConjuchemBiomedical2yrs Current ClientTIC1DanosFinanceNew Current ClientTICDelta ResearchBusiness Research2yrs Current ClientTIC1Design FactoryConsumer products7yrs Current ClientTIC1DucomInstrumentationNew Current ClientTICE‐Marketing Logice‐marketing5yrs Current ClientTIC6EngranaCAD/Simulation2yr Current ClientTIC2EnspireaSoftware  2yr Current ClientTIC52GeofeediaSocial mediaNew Current ClientTICHistoryITDatabase DesignNew Current ClientTICHR GreenCivil EngineeringNewCurrent ClientTICIconic DevelopmentGreen real estate3yrs Current ClientTIC5Current ClientTICInvariant Sensor Technologies Software  5yrs Current ClientTIC1John AllenLegalNew Current ClientTIC1MaterialsDevelopmtNew materials2yrs Current ClientTIC42MTS (Struve)New materials4yrs Current ClientTIC1Networked RoboticsBiotech data collection7yrs Current ClientTIC18NovinoorElectronic SensorsNew Current ClientTICPhysical Property Measurements Scientific research equipment1yr Current ClientTIC1Current ClientTICPreScouterTechnology scoutingNew Current ClientTIC25Rapid DirectionRapid prototyping machinesNew Current ClientTIC2RecorSoftware training7yrs Current ClientTIC1RFID SherpasRetail technology consulting2yr Current ClientTIC21Sales‐ICRM Software1yr Current ClientTIC61Secure CardCard security5yrs Current ClientTIC1Start Spot MediaMedia research5yrs Current ClientTICThe Castleton Marketing Group marketing consultingNew Current ClientTIC1Tula FoodsConsumer food products4yrs Current ClientTICconfidential at co. requestUberlubeLubricantsNew Current ClientTIC2Vasc‐AlertMedical devices1yr Current ClientTIC2Page 1 of 9Date Printed: 8/15/201227 of 631 NameIndustryAdmissions Date Exit Date Tenure Exit Reason Current AddressAddress upon Graduating TICCurrent # of Full Time EmployeesCurrent # of Part Time EmployeesAlumni ClientsCompany NameTelecom, Bio, Nano, etc.Date of entrydate departingTotal YearsAcquired, Failed, Expanded Evanston, Expanded360 FacilityExpanded Evanston67 KilohertzClosedAccessLine Communications11201 SE 8th St., Bellevue, WA 98004AceIt Golf (Scoring Edge)AcquiredAdvance USAAdvanced Coating ResearchAdvanced Information ServiceAdvanced Multiuser TechnologiesAgile DevicesMichigan ?AginityBig DataExpanded Evansto1603 Orrington, Ste. 1250, Evanston 1603 Orrington, Ste. 112040AlgeradoClosedAll PromiseAmerican Back Care/ Golden RetrieverAmerican Education ServicesAmyntas CapitalAnadata / Analytic PartnersClosedAndrew GeeFinancial services software    1yr1Applied Kinetics Corp.Applied Optical TechnologiesApplied Science and CommunicationAPTEArc Technology GroupWeb design/developmentExpanded Evansto445 North Wells Street, Suite 402, Chicago, IL 606541718 Sherman Avenue, Suite 310, Evanston, IL 60201ARCH Development PartnersAudio SparkClosedAudioCast (became Clear Meeting)AurisAware RecordsAxonixBalance Point Technologies, Inc.BananagraphicsBant Breen, LLCClosedBarnhill & AssociatesBAUBe ExtraordinaryClosedBedouin (Acquired by Borland)AcquiredPage 2 of 9Date Printed: 8/15/201228 of 631 NameIndustryAdmissions Date Exit Date Tenure Exit Reason Current AddressAddress upon Graduating TICCurrent # of Full Time EmployeesCurrent # of Part Time EmployeesBedrock Institute of TechnologyClosedBig Time RecruitBiomatClosedBiztek ConsultingBlueprint SolutionsClosedBoundary TechnologiesBoys Hope Girls HopeBP Vacuum AnalysisClosedBradsDeals (Originally DealsDuJour)ExpandedBrella ProductionsExpanded Evansto1601 Simpson Street, Evanston IL 60201Bridgeware Inc.Burning City, Inc.Carden TechnologiesCardiomedixExpanded Evansto1840 Oak Ave., 2nd Floor, Evanston, IL 602011840 Oak Ave., 2nd Floor, Evanston, IL 60201Careful IndustriesCCI PublishersClosedCelsisExpandedChicagoCenter for Independent FuturesExpanded EvanstonChannel EconomicsExpandedChicago Computer SocietyExpandedChicagoChicago Green City MarketExpandedChicagoChicago Manufacturing Co.Chicago Promotion GroupChimu SolutionsCitrics BiomedicalExpandedCoAction SystemsClosedCoboticsAcquiredCogniTekCollege ButlerCollin AndersonContainerless ResearchCourse Design InternationalCreative Case Mgmt.Expanded EvanstonCyber Tech Applied ScienceClosedCyberspace SolutionsClosedData Instruments, Inc. (Epsilon Instruments)ClosedDatascope AnalyticsDatatricityClosedDC TrueClosedDenaroDependable ComputerDiademPage 3 of 9Date Printed: 8/15/201229 of 631 NameIndustryAdmissions Date Exit Date Tenure Exit Reason Current AddressAddress upon Graduating TICCurrent # of Full Time EmployeesCurrent # of Part Time EmployeesDietary SystemsDigital Big ScreenDigital Innovations (now Neuros Audio?)Digital Media AssociatesDigital Pipeworks Corp.ClosedDirect Conversion TechniqueDirector TechnologiesClosedDizpersion Corp.Expanded EvanstonDoctor's Communic. Svcs. / DistextDynacept, Inc.ExpandedDz SchafereDatum.com, Ltd.El Coqui GalleriesElectronic CottageElectronic Technologies / Make WebsiteEvanston Business Investment Corp. (EBIC)ClosedEvents.orgExis, Inc. / Micro Technology Mgmt.Extreme Fans, Inc.AcquiredExzecAcquiredFair Market Assoc.ClosedFerveo TechnologyClosedFibrogenix (now called Chi‐Fyx)Field Trip FactoryFirefly GreetingsClosedFirst Bank & TrustExpanded Evansto820 Church St. Evanston, IL 60201Fleet X‐ChangeClosedFluid Dynamics StudioFMN TechnologiesFood Concepts, Ltd.Forall SystemsFox River Technologies, Inc.Franklin PartnersClosedFusion OptixGames ParlorAcquiredGeneprotGeneral BiomassGeneration CopyExpanded Evansto960 Grove Street Evanston,Il 602011840 Oak Ave. Evanston, IL 60201Gennex Healthcare TechnologiesClosedGeotestAcquiredGo2CallExpanded EvanstonGood GradesPage 4 of 9Date Printed: 8/15/201230 of 631 NameIndustryAdmissions Date Exit Date Tenure Exit Reason Current AddressAddress upon Graduating TICCurrent # of Full Time EmployeesCurrent # of Part Time EmployeesGreenSpark Energy SolutionsGrocer ExchangeGrocery consumer dataGroupworks Technologies, Inc.Harmonic VisionHealthcare Business StrategiesHoliconHome Touch MarketingI Imagine StudioExpanded EvanstonI02 TechnologyIDEO Product DevelopmentIgnite SportsIllinois Superconductor (ISCO International)Illumen Groupe‐learning30‐Jun‐12Expanded EvanstonImmtech InternationalIndependence TechnologiesIndev CorporationInform SoftwareInformance Intl. (formerly Factoryware)Information Management TrainingInformation ResourcesInfoworks Intl.Inner SolutionsInnovalinkInspire Intl.Institute for International EntrepreneurshipIntegrated Health OptionsIntegrated Sports ElectronicsIntell/Agent SystemsInternational Project ConsultantsInternet Resources GroupInterspan Inc.JACOJasper Creek EducationJCL BioassayKaliber ImagingMedical devices1‐May‐11744 Littleton Trail, Elgin, IL 60120744 Littleton Trail, Elgin, IL 60120Knowledge DynamicsClosedKnowledge Works ManagementKring Lerner GroupPhotojournalism600 Davis Street, Evanston, IL 60201Lake Point InteractiveClosedLakeview SynthesisClosedLaunch AgentsLeap into LearningPage 5 of 9Date Printed: 8/15/201231 of 631 NameIndustryAdmissions Date Exit Date Tenure Exit Reason Current AddressAddress upon Graduating TICCurrent # of Full Time EmployeesCurrent # of Part Time EmployeesLeapfrog Onlinee‐marketing3yrsExpanded EvanstoGreenwood, Evanston1105Learning InsightsLegal Data SearchLibertyville IndustrialLindsay PartnersLogic Tools, Inc.Machine BusMachine Research Corp.Macro E. SolutionsManufactsMAR, USA (Now called Rayonix)Expanded Evansto1880 Oak Ave. Evanston, IL 60201Market 6Marketing Information SystemsAcquiredMarketMaker4ExpandedMarquette ConsultingMarsailles ‐ NouvelleMasterfaxMedical Tool Works (became Neuroscience Toolworks)Medifacts SystemsMediNine Inc.MedPoint909 Davis St, Suite 500, Evanston, IL 60201MegabasesMektronicsMetabolic TechnologiesClosedMinority Business DevelopmentMobility 24x7Mojam MediaMoran GroupMotion Pictures, Inc.ClosedMotive QuestExpanded Evansto1578 Sherman Avenue Evanston IL 60201Murray MarketingMusculoGraphicsMyLoanBizNational Cement and Ceramics LabNational Health Mgmt.ClosedNatropolisNeodesicnetIllinoisNewMericaNextChemExpandedNet Gambit e‐marketing5yrs1NeuRDS, Inc.Niles Research CorpPage 6 of 9Date Printed: 8/15/201232 of 631 NameIndustryAdmissions Date Exit Date Tenure Exit Reason Current AddressAddress upon Graduating TICCurrent # of Full Time EmployeesCurrent # of Part Time EmployeesNorthwestern Children's PracticeNorthwestern Student HoldingsNorthwestern University Traffic InstituteNutrinetOdesta (South)Odyssey Research and DevelopmentClosedOptimal Solutions TechnologiesOT AdvantageHealthcareOzonology, Inc.Pain Prevention LabParadox StudiosClosedPark Central SystemsPath MediaPattern AssociatesClosedPattern Recognition SystemsPC MarketingPeapodExpandedSkokie SkokiePeelPerceptual RoboticsClosedPIC (Private Industry Council)ClosedPivotal ClickAcquiredPixel FilmsPixel PalettePlatinum ConsultingPlextelPrecision Biomarker Resources Biotech  31‐Jul‐12ExpandedNorthbrook, ILNorthbrook, IL6Present BeeProwavePsylotechExpanded Evansto1616 Payne St., Evanston, IL 602011616 Payne St., Evanston, IL 60201Q Technologies/Subnet SystemsQmaxQuest Technology DevelopmentClosedQuestek InnovationsReal Clear PoliticsAcquiredReal Time FreightRealtime VenturesReflective Systems / Broadview Communic.Rick Hammel, Inc.Ryme CorporationSablierSales Link SystemsScoring EdgeSecond City Gift Co.Page 7 of 9Date Printed: 8/15/201233 of 631 NameIndustryAdmissions Date Exit Date Tenure Exit Reason Current AddressAddress upon Graduating TICCurrent # of Full Time EmployeesCurrent # of Part Time EmployeesSHBTRVShoptalkSIBCSimply HawaiiSinamed Co.Slim‐x CorpSmallflowerSmartSense TechnologySociocleanRelocatedSolutions, Inc./SlateMate 2000Sourcelight TechnologiesClosedSourceryExpanded EvanstoHighland ParkSourcetrixSoy WorksSpectrixClosedSphereSpine‐HealthSporteethSri Lankan Chocolate FactoryStartspot Mediaworks (same as The ABIS Group?)Stone Road (formerly Web Video Ads)Stonebridge TechnologiesStrategic Marketing GroupStrategic Systems Intl.StrongarmStudent AdvantageStudent SolutionsStudent SpaceSurgical InsightsAcquiredSyal ConsultRelocatedArizonaSynergisTactic PharmaExpanded EvanstonTambourine TechnologiesTangerine Trees, Ltd.ClosedTechnology Management SystemsThe Optime Group (formerly Strategic Systems Intl.)The Whitewater GroupAcquiredTheis ResearchclosedTHRUSTTotally Non‐Technical SolutionsTranscienceTravel Technology and MagicU CommunicationsUniversity WirePage 8 of 9Date Printed: 8/15/201234 of 631 NameIndustryAdmissions Date Exit Date Tenure Exit Reason Current AddressAddress upon Graduating TICCurrent # of Full Time EmployeesCurrent # of Part Time EmployeesUpzingURWS Products, Inc.Vacation EyesValence TherapeuticsExpanded EvanstonVena‐TechVentureCraftVibes Media (formerly Phi‐Cam)ExpandedVista TransportVoiceLinkVoxasWasooWeb BroadcastingWeb Masterworks Internet PublishingWebBytes.comWebfarmClosedWeeks and AssociatesClosedWilderness TechnologiesClosedWilloughbyWindy City SoftwareWinterbourneWMAQXomixYS PartnersZapleeZeometricPage 9 of 9Date Printed: 8/15/201235 of 631 Technology Innovation Center Report on Activities, January 1 – Present, 2012 Summary Total startups attracted: 6 --From Evanston: 2 (Novinoor and PreScouter from Northwestern University) --From outside Evanston: 4 (HR Green from McHenry, IL; HistoryIT from Wilmette, IL; Geofeedia from Naples, FL; Ducom from Bangalore, India) Total jobs created full-time: 13 Total jobs created part-time: 5 FT jobs total within TIC: 60 (This number is lower than in previous reports because 2 of our largest companies graduated in July and stayed in Evanston.) Companies retained in Evanston: 3 --Psylotech, 4 FT employees; Illumen Group, 7 FT employees; sales-i, 8 FT Total jobs retained: 19 Seminars held: 3 How to Win SBIR Grants, March 22. Attendees: 17 Choosing a Legal Business Entity, May 10. Attendees: 10 Financing Your Business in 2012, July 26. Attendees: 24 Total seminar attendance: 51 Seminar attendance non-TIC: 39 Outside program participation: Northwestern University Tim Lavengood’s activities: --Judge/Mentor for Farley Center entrepreneurship course taught by Mark Werwath, February 23 --Judge for Applied Research Day, March 7 --Keynote speaker at InNUvation’s Entrepreneur Idol contest, May 5 --Panelist on Entrepreneurship panel, Entrepreneur@NU Conference, May 23 Outside program participation: non-Northwestern --TIC co-sponsored the CMS Expo in Evanston, May 8-10 --TIC co-sponsored the Y.O.U. Yes! (Youth Entrepreneurship Summer) program, June 22 --TIC hosted a group of African entrepreneurs, part of a State Dept. tour of the US, June 22 --Tim Lavengood moderated the entrepreneurship panel at the 4th International Congress on Ceramics, July 17 36 of 631 --TIC co-sponsors Evanston Mini Maker Faire, August 4 - 5 TIC graduate companies in Evanston: 24 TIC graduate jobs: 475 TIC Facebook Page likes: 100 Facebook total reach (weekly avg. for July): 208.5 (Weekly total reach is the number of unique people who have seen any content associated with the Incubator’s Facebook page during a 7-day period.) Incubator Website, www.theincubator.com: 514 visitors from July 15 – August 14. 81% were new visitors to the site, 19% returning visitors. TIC’s online entrepreneur community (www.technologyinnovationcenter.org) total membership: 375 Report on Technology Innovation Center Activities, January 1, 2012 - Present 1. New Companies HRGreen http://www.hrgreen.com HRGreen is a professional engineering and technical consulting firm serving clients throughout the United States and beyond. HistoryIT www.historyit.com HistoryIT is a full-service information technology agency focused on developing technology to preserve and present historical records in an easy-to-use, searchable format. Ducom Instruments http://www.ducom.com Test instrument manufacturer Novinoor www.novinoor.com Novinoor develops novel medical and commercial solutions and products, using its unique nano- sensing and nano-manufacturing platforms. PreScouter PreScouter bridges the gap between academia and industry. Almost $50B is spent on research at universities every year, yet very little of it is commercialized. Using PreScouter, companies gain 37 of 631 targeted, non-publicly available insights - captured as reports - at a fraction of the cost and the scale needed for global visibility into academia. Geofeedia Geofeedia.com Geographically based social networking solutions. Geofeedia's powerful tools, easy-to-use interface, and patent-pending technology allow you to perform precision location-based searches to monitor social media usage in a particular area. 2. Total number of jobs created: 13 FT, 5 PT Company Full-Time Jobs Part-Time Jobs Sales-i 4 Illumen Group 2 Uberlube 1 2 E-Marketing Logic 1 Engrana 1 Prescouter 2 Ducom 2 Castleton Marketing Group 3 TOTAL 13 5 3. Incubator Roundtable Discussions: March 22 -- Incubator roundtable discussion: How to Win SBIR Grants Richard Weber spoke at the Incubator on March 22 about the SBIR grant process and how small businesses can improve their chances of being selected. Richard Weber is the president of Materials Development Inc. and has received over $8 million in SBIR grants. 38 of 631 Rick Weber described the SBIR grant process and how to write winning proposals at this roundtable discussion. Audience at Incubator Roundtable: How to Win SBIR Grants May 10: Incubator Roundtable, "Choosing a Legal Business Entity: Corporation, S- Corp., or LLC?" Attendees: 10 KEN OBEL, founder of GOODCOUNSEL, a law practice serving entrepreneurs, presented the basic options entrepreneurs have for setting up legal entities for their businesses, and the factors that they should consider in selecting one. 39 of 631 July 26, Incubator Roundtable: Financing Your Business in 2012 Moderator Brent Hamachek described how the financial markets have changed and defined the "new normal" in commercial lending. He presented creative alternatives for financing your business in a down economy. Hamachek is the president of Segueway, specializing in transitional financing, consulting, and training for privately held companies. Attendees: 24 40 of 631 4.The Incubator on Facebook and Twitter We continue to post Incubator news, client company and alumni news on our Facebook page, as well as important tech industry news. Our Facebook page currently has 100 likes and reached an average of 208.5 unique people per week in July 2012. Weekly total reach measures the number of unique people who have seen any content associated with a Page. Twitter – We started using Twitter to send updates on Incubator news, client company and alumni news, and have linked our Twitter account with the Facebook page, so tweets are automatically posted on Facebook. 5. Incubator Company News Incubator company Tula Foods launches Better Whey of Life, a new line of Greek yogurts infused with whey protein - February 27 Incubator company Psylotech expands, graduates from the Incubator and moves to Evanston's west side on April 1, 2012. Louise Burton wrote a press release about Psylotech’s plans to graduate from the Incubator and stay in Evanston. Evanston Roundtable wrote an article based on the press release on May 9, 2012: http://www.evanstonroundtable.com/main.asp?SectionID=4&SubSectionID=4&ArticleI D=5741 Benevolent.net founder Megan Kashner was named one of the TechWeek 100 most innovative leaders in Chicago tech, June, 2012: http://techweek.com/conference/techweek-100/2012-techweek-100/ 6. Press Evanston Patch.com featured a 3-part series about the Incubator, its leadership, and its client companies on February 27, 2012. The first story profiled online charity Benevolent.net. http://evanston.patch.com/articles/the-human-side-of-a-business-incubator Better Whey of Life Greek Yogurt was featured in a Chicago Tribune article about Greek yogurt: March 16, 2012 41 of 631 Benevolent.net featured in Crain's Chicago Business article “How Crowdfunding is Reshaping Philanthropy”, March 19, 2012 http://www.chicagobusiness.com/article/20120317/ISSUE02/303179996/how-the- internet-is-reshaping-philanthropy 7. Outside program participation: At Northwestern University Tim Lavengood’s activities: --Judge/Mentor for Farley Center entrepreneurship course taught by Mark Werwath, February 23 --Judge for Applied Research Day, March 7 --Tim Lavengood gave the keynote speech at InNUvation's Entrepreneur Idol 2012, held on May 5, 2012 at Kellogg School of Management. Outside program participation: non-Northwestern --TIC co-sponsored the CMS Expo in Evanston, May 8-10 42 of 631 June 22 -- Technology Innovation Center hosted students in the YES! (Youth Entrepreneurs Summer) Program. Tim Lavengood spoke to the group about entrepreneurship. The students toured the Incubator and met with Incubator entrepreneurs Warren Walker, president of Atmosphere Communications; and David Charney, president of Illumen Group. Warren Walker, president of Atmosphere Communications, talks with YES! Students about starting his own business. David Charney of Illumen Group in the Incubator shows YES! students examples of 3D animation created by his company. June 22 - A group of African entrepreneurs from Angola, Chad, Ethiopia, Malawi, and South Africa visited the Incubator. They were visiting the U.S. as part of a World Chicago entrepreneurship program. Tim Lavengood met with the group and talked about incubators as a means of economic development. 43 of 631 --Tim Lavengood moderated the entrepreneurship panel at the 4th International Congress on Ceramics, July 17. The entrepreneurship panel included a large percentage of Incubator staff, alumni and advisors. (L. to R.) Tim Lavengood, Incubator executive director; Delbert Day, co-founder of MO-SCI Corp; Incubator alums Alex Arzoumanidis, founder of Psylotech, and Colin Anderson, co-founder and CEO of Digital Innovations; Jonathan Goodman of Synthesis Intellectual Property and Incubator 44 of 631 advisor on IP and patent issues; Lesley Millar, Director, Office of Technology Management (tech transfer) at UIUC; and John Banta of IllinoisVENTURES. Evanston Mini Maker Faire, August 4 – 5 The Incubator was a co-sponsor of Evanston Mini Maker Faire, along with Pumping Station: One, the Chicago hackerspace. Jeff Kinzer and Brent Cox of TeamBastech, located in the Incubator, held a 3D printing demonstration at the Evanston Mini Maker Faire on August 5. This picture shows a number of 3D prototypes and concept models, including a rook with an interior spiral staircase. 45 of 631 1 To: Honorable Mayor and Members of the City Council From: Steve Griffin, Community and Economic Development Director Nancy Radzevich, Economic Development Manager Paul Zalmezak, Economic Development Coordinator Subject: Resolution 48-R-12 Technology Innovation Center (TIC) 2012 Funding Request Date: June 7, 2012 Recommended Action: The Economic Development Committee (“Committee”) and staff recommend approval of Resolution 48-R-12 authorizing the City Manager to execute the third Modification to the Funding Agreement with the Technology Innovation Center (“TIC”) and approval of a $25,000 grant to the TIC for assistance with staffing and programming costs for a three month period, April 1, 2012 through June 30, 2012. The current grant of $25,000 shall be distributed within 30 days of City Council approval. The Committee and staff further recommend that the TIC is eligible for an additional $50,000 grant, for the balance of FY2012 (July 1, 2012 through December 31, 2012), subject to their successful completion of the nine tasks outlined on page 3 of this memorandum and subsequent staff and Economic Development Committee recommendation to City Council for approval. Funding Source: Staff recommends funding this grant from the Economic Development Fund’s Economic Development Partnership Contribution Account (#5300.62659). The approved FY2012 budget includes a total of $280,000 for this account, of which Staff budgeted $100,000 for TIC. Background: The TIC is a non-profit business incubator dedicated to supporting the growth of early stage technology-based businesses. The TIC rents approximately 20,000 square feet Memorandum For City Council meeting of June 11, 2012 Item O3 Resolution 48-R-12: Technology Innovation Center Funding Request For Action 46 of 631 2 of office space to nearly 40 businesses in the 81,000 square foot 820 Davis Street office building in downtown Evanston and approximately 7,000 square feet of office/lab space to six companies at 825 Chicago Avenue. The attached memo to the Economic Development Committee describes the TIC business model and updated proposal in detail. On February 13, 2012 the City Council approved a $25,000 grant to the TIC to support staffing and programming costs for the incubator for the first quarter of FY2012 (January 1-March 31, 2012). If the balance of the grant award is approved, the total FY2012 grant to the TIC will be $100,000. This is consistent with City’s past grant awards to the TIC for FY2011 ($75,000 for a 9 month period) and FY10/11 ($100,000 for a twelve month period). Summary: The Economic Development Committee and City Council support of additional funding for the TIC for FY12, beyond the initial $25,000 grant, was predicated on the TIC providing a plan that diversifies and reduces the TIC’s reliance on city funding. The City Council also asked staff to work with TIC to identify the companies in the TIC, the jobs created, and a plan for “second stage” retention in addition to identifying appropriate return on investment outcome measures. In response, Staff has worked closely with the TIC since the February 13, 2012 presentation to City Council, to draft the attached report, which is an initial effort to: 1. Ensure that key information about the companies (e.g. number of employees, tenure, industry) is more readily available to staff and the City Council; 2. Describe the business model, including board of directors, advisory board, staff job descriptions, and the role of the “real estate” (i.e. 820 Davis, LLC) with TIC operations. 3. Highlight the TIC staff job descriptions; 4. Convey the results/outcomes of the programs and seminars provided by the TIC; 5. Create a new framework for measuring the success of the TIC, in order to track the “return on investment.” 6. Outline the FY 2012 Funding Request in a simplified fashion including sources and uses of funds. 7. Summarize the Evanston Business Investment Company (EBIC) plan (details of which are proprietary) that the TIC has created for the dual purpose of reducing reliance on City funding and also providing an investment vehicle (“angel fund”) for startups. 47 of 631 3 8. Describe the services TIC provides to its client companies and the broader Evanston technology community 9. Create the framework for tracking detailed information about TIC clients and providing the base from which to measure TIC success and the City’s Return on Investment including incubation tenure, retention rates, jobs created, and others. 10. Provide a tool for proactive retention measures. The client roster database provides an excellent resource for city Staff to launch its retention efforts and marketing efforts. The TIC may not be responsible for the number of jobs created or the number of firms retained. They should be held accountable, however, for reporting timely information and providing City staff with access to the TIC firms for retention efforts. Because staff believes the TIC / City of Evanston partnership yields a number of public benefits through the nurturing and promoting of the Evanston-based start up culture and businesses, staff supports funding of the TIC for the balance of FY12, pending the completion of the remaining tasks outlined below. City staff and TIC staff will continue to work together to clearly define the partnership and to design specific performance measures and outcomes to fairly and objectively assess the “return on investment” to the City of Evanston. While the increased frequency of meetings between staff and TIC has helped to develop a framework towards a more effective partnership, staff acknowledges, as reflected in the recommendation that follows, that there is still some additional work to be done. The objective is to enhance this relationship and assist the TIC in becoming a more strategic partner as the City seeks to promote and develop a stronger entrepreneurial, technology and innovative business community. Recommendation At their May 23, 2012 meeting, the Economic Development Committee voted 8 to 1 to recommend to the City Council an Economic Development grant in the amount of $75,000 in two payments. The first payment of $25,000 for the period April 1, 2012 through June 30, 2012 would be paid within 30 days of City Council approval of this grant. The remaining $50,000 would be paid upon staff recommendation, and subsequent Committee and City Council approval, subject to the TIC’s successful completion of the following: 1. Finish the client and alumni roster 48 of 631 4 2. Host a major business plan/pitch day competition in downtown Evanston in 2012. 3. Establish a defined meeting schedule of the Board of Directors; 4. Further define the role of the Advisory Board members and provide a plan for expanding and diversifying the Board membership 5. In conjunction with staff, create a detailed plan to launch a more dynamic program squarely aimed at marketing the TIC and the City of Evanston as the premier City for startups. 6. Provide City staff access to TIC clients for proactive retention efforts and develop a protocol to alert economic development staff when a client firm is seeking to expand. 7. Continue weekly TIC / staff meetings 8. Utilize a web based RSVP service (e.g. Eventbrite) for all TIC hosted seminars, and events to consistently track attendance by TIC and other Evanston companies from outside the TIC and to facilitate generation of reports to the City. 9. Implement the use of a web based opinion survey for each event about quality / relevance of seminar information and presenters and use the results for reports to City and for self-evaluation of the program topics, speakers, etc... Legislative History: On February 13, 2012 the City Council approved $25,000 for the first quarter of FY 2012. The funding was dependent upon TIC’s agreement to work closely with Staff to redefine the deliverables and for the TIC to work diligently to identify a new funding structure. On May 23, 2012 the Economic Development Committee voted 8 to 1 to recommend the City Council approve the financial assistance to the Technology Innovation Center. Attachments Resolution 48-R-12 Staff Memo to EDC and TIC report dated May 18, 2011 49 of 631 To: Chair and Members of the Economic Development Committee From: Nancy Radzevich, Economic Development Manager Paul Zalmezak, Economic Development Coordinator Subject: Technology Innovation Center (TIC) 2012 Funding Request Date: May 18, 2012 Recommendation Staff supports a recommendation from the Economic Development Committee (EDC) to the City Council to provide an Economic Development grant to the Technology Innovation Center in the amount of $75,000 for the period April 1, 2012 through December 31, 2012. The first payment of $25,000 would be distributed upon City Council approval for the period of April 1, 2012 through June 30, 2012. The second payment would occur upon successful completion of a series of recommended tasks outlined in this memo upon Economic Development Committee recommendation and City Council approval. Funding Source Staff recommends funding this grant from the Economic Development Fund’s Economic Development Partnership Contribution Account (5300.62659). The approved FY12 budget allocated a total of $500,000 to this account, of which $100,000 was budgeted for potential TIC assistance. Discussion At the January 25, 2012 meeting, the Economic Development Committee recommended approval of $25,000 of funding assistance to the TIC, for the period of January 1, 2012 through March 31, 2012; this was in turn approved by City Council on February 13, 2012. The Committee indicated that support of additional funding for FY12 would be predicated on a plan that diversifies, and reduces the reliance on city funding of the TIC. The Committee also asked staff to work with TIC to identify the companies in the TIC, the jobs created, and a plan for retention. In response, Staff has worked closely with the TIC since the January 25, 2012 presentation to EDC, to draft the attached report, which is an initial effort to: 1. Ensure that key information about the companies, number of employees, etc. is more readily available to staff and the EDC; Memorandum 50 of 631 2. Describe the business model, including board of directors, advisory board, staff job descriptions, and the role of the “real estate” (i.e. 820 Davis, LLC) with TIC operations. 3. Highlight the TIC staff job descriptions; 4. Convey the results/outcomes of the programs and seminars provided by the TIC; and 5. Create a new framework for measuring the success of the TIC, in order to track the “return on investment.” 6. Outline the FY 2012 Funding Request in a simplified fashion including sources and uses of funds. 7. Summarize the Evanston Business Investment Company (EBIC) plan (details of which are proprietary) that the TIC has created for the dual purpose of reducing reliance on City funding and also providing an investment vehicle (“angel fund”) for startups. 8. Describe the services TIC provides to its client companies and the broader Evanston technology community 9. Create the framework for tracking detailed information about TIC clients and providing the base from which to measure TIC success and the City’s Return on Investment including incubation tenure, retention rates, jobs created, and others. 10. Provide a tool for proactive retention measures. The client roster database provides an excellent resource for city Staff to launch its retention efforts and marketing efforts. The TIC may not be responsible for the number of jobs created or the number of firms retained. They should be held accountable, however, for reporting timely information and providing City staff with access to the TIC firms for retention efforts. While staff believes that the increased frequency of meetings with TIC has helped to develop a framework towards a more effective partnership, staff acknowledges that there is still some additional work to be done in order to better enhance this relationship and assist the TIC in becoming a more strategic partner as the City seeks to develop a stronger entrepreneurial, technology and innovative business community. While one measure of their success is the fact that the TIC has sustained a relatively low vacancy rate and has provided a forum to launch some very successful companies, staff believes there are a number of opportunities to enhance and improve the TIC and help them become a more dominate player in the technology/start up community and to be one of the lead partners in the City’s efforts to move galvanize our start up community/culture. One of the key areas of improvement is with respect to the marketing of the TIC, their successes, their firms’ successes, etc. In the coming months staff and TIC will work to create a framework and launch a new marketing initiative. Using occupancy levels as a measure of success, TIC is highly successful and therefore, one could argue, does not 51 of 631 require additional resources for marketing. However, the startup culture – the new breed of entrepreneurs – thrives on collaboration and networking. But, also, on aggressive multi-media marketing and promotion. The competition is growing. A number of new ventures have launched in Chicago, including “1871” at the Merchandise Mart, which promise not only inexpensive/subsidized space in a world class environment within a world class office property but a network of likeminded individuals. Technexus and Excelerate Labs – two existing incubators in Chicago – will continue to attract the brightest and most promising firms from all over the region. These companies are proximate to the events held in the Loop including Technori,; Built in Chicago, and Illinois Technology Association. Companies within 1871 Chicago, such as Code Academy, are providing services to startups at a very low cost. As these Chicago-based incubators are raising the bar for incubators, Evanston will need to consider how to enhance the opportunities within Evanston and/or look for a more distinctive edge in order to continue attract and sustain our start up business community. While inexpensive space is key to attracting a startup company, the internal social network, targeted specialized educational programming, mentorships, and access to modern technology – in an attractive environment - are very important as well. City staff will continue to work with the TIC to create and implement a marketing plan that promotes the successes of the TIC and the individual client companies. Further , staff will work with TIC to identify opportunities for capacity building related to the use of modern marketing techniques including social media outlets, Tumblr blogs, and others, as needed. In the short-term, staff will post TIC announcements and events in the Economic Development Newsletter as well as through City-based social media channels. Staff will also commit space and feature on regular basis information about individual TIC clients through Facebook and our newsletter, as well as the new web-based reporting/website launching later this year. Longer term, staff will work with the TIC to draft a plan for the creation of a modernized and redesigned “front of the house” conference / collaborative office space on the first floor within 820 Davis that clearly projects the modern nature of the startup culture. Staff recognized this may involve some additional assistance from the City. Finally, staff will work with TIC on a plan to broaden its promotion of its achievements throughout the Chicagoland technology and entrepreneur community. This includes having prominent roles in speaker series, panels, attending startup events such as Built in Chicago, Technori, or others. Staff will continue to encourage collaboration with other 52 of 631 Evanston based startup oriented individuals and companies such as CoLab Evanston, Creative Coworking, and Now We’re Cookin’ as examples. In addition to a more targeted marketing program – to promote in a modern way the accomplishments and events at the TIC - staff suggests a number of additional tasks to be completed by TIC. These tasks will provide the Committee and City Council with additional outcome/performance measures. Staff suggests that there are other opportunities to improve and enhance the TIC – such as consideration of expansion and/or diversification of the Board, utilization of web-based “evite” and survey systems to track the programs, program quality, and attendees. And importantly, TIC and staff will continue the progress made to establish a more open partnership between the TIC, the staff and the TIC client firms to allow for more opportunities for city assistance in expansion and retention efforts. Recommendation Because staff believes the TIC / City of Evanston partnership yields a number of public benefits through the nurturing and promoting of the Evanston-based start up culture, staff supports funding of the TIC for the balance of FY12. Staff is seeking a recommendation from the Economic Development Committee to the City Council to provide an Economic Development grant in the amount of $25,000 for the period April 1, 2012 through June 30, 2012 to be paid within 30 days of City Council approval of this grant. City staff and TIC staff will continue to work together to clearly define the partnership and to design specific performance measures and outcomes to fairly and objectively assess the “return on investment” to the City of Evanston. The remaining $50,000 would be paid upon staff recommendation, and subsequent Committee and City Council approval of the successful completion of the following: 1. Finish the client and alumni roster and develop a schedule for regular updates and reporting to the City. 2. In collaboration with coLab Evanston and other Evanston-based technology partners (to be determined in collaboration with Staff), TIC will host a major business plan/pitch day competition in downtown Evanston in 2012. 3. Provide City staff access to TIC clients for proactive retention efforts. Specifically, TIC shall facilitate initial introductions of City staff to all TIC clients to reinforce the partnership with the city. This will allow staff to monitor TIC client incubation tenure and proactively reach out to the TIC and client firms who are approaching and/or exceeding the national average incubation tenure period. (The average incubation period, according to the National Business Incubation Association is 2.5 years.) TIC shall develop a schedule to provide staff with updates on TIC client contact information. 53 of 631 4. Establish a more defined meeting schedule of the Board of Directors; 5. Further define the role of the Advisory Board members and provide a plan for expanding and diversifying the Board membership 6. In conjunction with staff, create a detailed plan to launch a more dynamic program squarely aimed at marketing the TIC and the City of Evanston as the premier City for startups. 7. TIC shall develop a protocol to alert economic development staff when a client firm is seeking to relocate out of the TIC in order to allow City staff the opportunity to present potential retention options to encourage companies to expand in Evanston. 8. Continue weekly TIC / staff meetups Periodically, staff will present economic development initiatives and potential retention opportunities to TIC client firms at these meetings. The meetups also provide staff an opportunity to learn from firms how the city can improve its nurturing of the startup ecosystem 9. Utilize a web based RSVP service (e.g. Eventbrite) for all TIC hosted seminars, events, etc. to consistently track attendance by TIC and other Evanston companies from outside the TIC and to facilitate generation of reports to the City. 10. Implement the use the of an opinion survey for each event about quality / relevance of seminar information and presenters and use the results for reports to City and for self-evaluation of the program topics, speakers, etc.. 54 of 631 1    I. TIC Introduction The Technology Innovation Center (TIC) is a not-for-profit business incubator dedicated to supporting the growth of very early stage technology-based businesses. It is an entrepreneurial business environment that fosters collaboration and sharing among young companies, while respecting the independence and self-reliance that motivates entrepreneurs. It is a community with a culture that supports risk taking, invention and the creation of wealth. Since 1986, the incubator has accumulated a wealth of experience in supporting the growth of innovative technology companies. Tech entrepreneurs in the TIC benefit from the accumulated knowledge of entrepreneurial best practices built up through 25 years of business incubation in Evanston. The Technology Innovation Center has approximately 25,000 square feet in two facilities in Evanston located at 820 Davis and 825 Chicago. Together, they provide office, laboratory and light manufacturing space for start ups. Amenities include conference areas, reception, and digital telephone, internet, and kitchen facilities. TIC offers short-term leases and flexible space options designed for early stage companies. In addition to the favorable lease options, TIC offers a number of services including business planning, legal clinics, seminars, networking events, and access to Northwestern University faculty and student interns. The TIC has served over 350 technology startups since its founding, with approximately 25 firms staying in Evanston upon graduating who employ nearly 500 people. Many companies have relocated to the greater Chicago area upon graduating. While some are well known, including Peapod and Illinois Superconductor (ISCO), others are growing rapidly and attracting attention, including Leapfrog Online, Aginity, and Vibes Media. The TIC has received recognition for its many successes over the years. Forbes.com named TIC one of the “Ten Technology Incubators Changing the World” in 2010, and TIC was named “Business Incubator of the Year” in 1997 by the National Business Incubation Association. The TIC has been supported in part through partnerships, beginning with a partnership with the City of Evanston and Northwestern University. TIC partnered with the Japan External Trade Organization (JETRO) for 10 years, and is currently partnering with the City of Evanston. The public/private/institutional partnership model is commonplace amongst the nation’s leading incubators including The UIC Incubator and EnterpriseWorks at UIUC, which partner with educational institutions. This partnership is required because private market support is rare outside of incubator models where private investors have equity stakes in client companies. This private investment model does not work for the TIC for the following reasons: 55 of 631 2    1. A private incubator taking equity requires a fund. The TIC does not yet have a fund, but is working to create one. 2. Private equity-based incubators can't support bootstrappers (i.e. starting a business without external capital.) These bootstrapping startups provide a large number of jobs for the community, and may even be a more cost-effective way of creating jobs. This plan addresses a number of concerns raised by members of the Economic Development Committee, the City Council, and Evanston taxpayers including the return on investment and the role of the real estate entity relative to the TIC tenant. The TIC is seeking ongoing support from the City of Evanston through the end of 2012 in the amount of $75,000. During the next 4 months, the TIC will complete the framework with timelines and deliverables outlining our plan to establish additional funding partners aiming for a first quarter 2013 round of funding. 56 of 631 3    I. TIC Clients Attached is the template TIC and economic development staff have agreed to use to track TIC’s performance or “return on investment.” TIC has committed to maintaining this database moving forward and has agreed to do the research necessary to provide the information requested for alumni companies. TIC agrees that the next round of funding will be predicated on completing the database. The TIC database is critical to providing economic development staff the important measures of success including incubation rates, jobs created, retention opportunities and marketing/promotion of the incubator’s successes. Staff will be given an opportunity to proactively contact client companies to promote retention/expansion opportunities within the City. The database will also provide simple measures such as what types of businesses are incubating (industry class) and tenure period. Due to the proprietary nature of the TIC client listing, we ask that the listing remain a confidential document. Economic Development staff will present the client listing in its powerpoint presentation on May 23rd in the interim until an agreed upon method of disseminating the information in confidence is determined. Aggregated Report The TIC completed a preliminary report based on a survey of Incubator companies and alumni located in Evanston. TIC sent a questionnaire to 60 Incubator alumni and current companies, and so far have collected responses from 35 of these companies (a 58% response rate). These include many of the larger Incubator alumni companies in Evanston, but several of the largest have not responded yet. The table following summarizes the data to date. 2012 Survey of Incubator Companies (In Progress) Total Companies Total Responses Total square feet Employees - Full Time Alumni Companies in Evanston 25 13 97,600 475 Current Incubator Companies 34 27 25,165 81 Totals 59 40 122,765 556 TIC found that the 8 largest responding alumni companies currently employ 458 full- time employees, up from 320 full-time employees for the same group in July, 2010. This is an increase in employment of 70%. Please be aware that these figures are for total employment, not limited exclusively to Evanston, though we believe the vast majority of jobs are local. 57 of 631 4    Ten out of 35 respondents gave revenue figures (a 29% response rate). They report total revenues of $22,635,000 in 2011. Eight graduate companies report 84,300 total sq. ft. in Evanston under rental for an average of slightly more than 10,000 feet per company. These totals will grow considerably as more responses come in. TIC will continue to gather survey data. However, one can conclude that current and former TIC companies constitute the fastest growing sector of small business in Evanston. 58 of 631 5    II. FY 2012 Request for Funding For fiscal year 2012, the Technology Innovation Center (TIC) has sought a $100,000 Economic Development Grant to help fund the operations of the incubator. The Economic Development Committee approved a payment of $25,000 at the January 25, 2012 Economic Development Committee meeting. The TIC is seeking the remaining $75,000. The TIC proposes a number of sources for funding operations in FY 2012, summarized in the table that follows. Technology Innovation Center – FY 2012 Source of Funds Total % of Total City of Evanston $100,000 50.9% Phone, Internet, Program Fee $57,000 29.0% Contributions $29,000 14.8% CDBG $5,000 2.5% Reimbursements $2,400 1.2% Parking $3,000 1.5% Total $196,400 100.0% Proposed TIC Public Funding Sources The City of Evanston economic development funding represents just over half of the TIC operating budget. As summarized in the Uses section of this report, nearly $70,000 of the City’s funding is allocated to TIC staff. The remainder supports the expanded internet bandwidth, marketing, a portion of the TIC’s rent to 820 Davis, and professional fees associated with consultants and seminars. Other TIC Public Funding Sources In addition to the City of Evanston Economic Development grant request, TIC was approved for $5,000 in CDBG funds for its Evanston Business Ownership Initiative which provides business consulting to micro enterprises and entrepreneurs seeking to start a business with needs including establishing credit and securing loans, incorporating their business, negotiating leases and other need. The CDBG grant award is for a separate and distinctive program as opposed to the programs which are proposed to be funded through the Economic Development fund. \ 59 of 631 6    Private Sources TIC also funds operations using $29,000 in private contributions, $57,000 in tenant income, $2,400 in reimbursements, and $3,000 in parking fees. The $57,000 in income from TIC clients is paid through a fee for phone and internet usage, in addition to a 10% program fee that covers the cost of TIC seminars and other programs. This averages approximately $130 per month per client company. The parking fees are associated with the portion of the Northwestern University Lot the TIC has control of and charges a parking fee for users. Finally, private contributions come from current directors, local banks, local alumni, and from service companies that benefit from their relationship with the Incubator Proposed Uses of Funds The following table summarizes TIC’s Proposed 2012 annual operating budget (i.e Uses of Funds). The city portion of funds the activities in lines 1 through 5. The city investment represents just over half of the total operating budget. The fifth column of the table represents the percentage funded of each activity. For example, the City funds approximately three quarters of the TIC’s executive director’s salary. TIC Proposed 2012 Operating Budget (Uses of Funds) Description CoE ED Funding Other TIC Funding Total CoE ED % of Activity 1.Staff / Personnel $69,400 $25,600 $95,000 73% 2.Internet Bandwidth Expansion $12,000 $15,600 $27,600 43% 3.Marketing $9,000 $8,000 $17,000 53% 4.Professional Fees $6,000 $2,000 $8,000 75% 5.Rent $3,600 $10,800 $14,400 25% 6.Telephone $ - $16,800 $16,800 0% 7.Parking $ - $2,400 $2,400 0% 8.Membership Dues $ - $1,000 $1,000 0% 9.Payroll/Bank Fees $ - $1,000 $1,000 0% 10.General Office $ - $1,000 $1,000 0% 11.Repairs $ - $500 $500 0% 12.Supplies $ - $2,500 $2,500 0% 13.Cellphone $ - $700 $700 0% 14.Reimbursements $ - $800 $800 0% 15.NSF Checks $ - $500 $500 0% 16.Loan Repayment $ - $7,200 $7,200 0% Total $100,000 $96,400 $196,400 51% 60 of 631 7    III. TIC Business Model Section III summarizes the TIC business model including a listing of the board of directors, the newly appointed advisory board, the staff job descriptions, and a summary of the real estate model. A. Board of Directors The TIC Board of Directors is comprised of four individuals: Charles Happ, Chairman Mary Happ, Board Member Timothy Lavengood, Executive Director Nancy Radzevich, Board Member B. Advisory Board Acknowledging the recommendation of city staff, city council and TIC advisors, and the board of directors recognizes the need to diversify and expand its board of directors. The TIC has reached out to four local business persons and longtime TIC sponsors to assist with their respective specialties: marketing, mentoring, financing, accounting, real estate, short term loans, and medical devices. Each advisory board member has worked in some capacity at the TIC with specific companies on specific challenges. All have agreed to serve in some capacity on the Advisory Board. It is the intent to transition the advisory board members into a full time Director position on the permanent Corporate Board. A brief bio of the advisory board members follows: Thomas Cushing: former Director of Chicago Climate Exchange, an attorney and small business owner who has experiencing working with entrepreneurs and has often referred companies to the TIC. Bob Shaw: former business owner and founder of a medical device company and an experienced entrepreneur. He is a member of the Wildcat Angels and has mentored TIC companies. He has experience serving on boards and has provided short term loans to companies at that TIC. Lali Watt: a long time nonprofit board member, former banker and accountant. Lali has helped companies with financial considerations and is an excellent networker and experienced with promotion. Edward Schwartz: president of Fara Real Estate and has helped to relocate companies, explains real estate considerations and has also provided short term loans to TIC companies. 61 of 631 8    C. Staff The TIC employs two paid individuals: 1) Timothy Lavengood, Executive Director; and 2) Louise Burton, Marketing/Communications Specialist. The executive director is responsible for daily management tasks related to client service, program management, program marketing, client intake, and managing the objectives of the board of directors. The executive director’s primary focus is on company admissions, administration, and client services. The Marketing/Communication Specialist is paid on a contract basis. The position is primarily responsible for drafting and distributing email communications, periodic newsletters, brochures, and other technology related communications to TIC clients and to external parties; updating social media; planning seminars and events, and collecting information about current and alumni TIC companies. The Marketing/Communication Specialist also assists with writing grant proposals and quarterly reports to the City of Evanston. A complete description of the Executive Director’s and Marketing Communication Specialist responsibilities follows: 1. Executive Director The executive director is responsible for managing client service, program management, program marketing, client intake, and the objectives of the board of directors. Specific responsibilities include: a. Admissions • Interviewing and admission of new client companies. Oversight of company admissions process including business plan reviews, interviews with applicants, consultations with industry-specific experts, and website research. b. Outreach (i.e. activities outside of 820 Davis): • Serving as entrepreneurship/technology commercialization expert on panels and speaking before groups including students, business groups and international delegations organized by the State Department. c. Administration: • Oversight of the selection of vendors and service providers and negotiations with them prior to submission of contracts to the Board for approval. 62 of 631 9    • Initial development of strategic planning for Board review in the areas of marketing, fundraising, community outreach, accessing business service for clients. • Implementation of marketing and company attraction strategies. Includes referrals, preparation and distribution of collateral materials, and social networking strategies based on search engine optimization (SEO), Linked In, and the websites www.theincubator.com • Representing TIC at conferences, serving on community-based committees and boards in furtherance of TIC’s mission. • TIC coordinator/liaison to 820 Davis property manager. d. Client Service • Coordination of programs including seminars, networking events and incubator promotions. • Provide general business counseling services tailored to the unique needs of the technology entrepreneur in areas including incorporation, shareholder agreements, business planning, financial prospectus and pro forma, banking, investor relations, marketing strategy and customer negotiations. • Representing client interests in outreach to business support networks including public agencies, universities, the TIC alumni network, as well as potential employees, partners and other service providers. • Collaboration with Northwestern University and other area educational institutions in areas of curriculum development, student mentoring and judging of student presentations as well as organizing and mediating student projects with client companies in the areas of market segmentation analysis, design and prototyping, including collaboration with faculty from Northwestern, De Paul, UIC and other area universities. • Revise and implement with staff a continuous improvement plan for broadband and internet based services, including assessment of new technologies, assessment of current and prospective client needs, assessment of vendors and service providers and negotiation of business terms. • Provide hands-on technical support for client telephone and internet services including wiring, software configuring, internet protocols, central networking 63 of 631 10    equipment such as routers, internet switches and telephone switch, VOIP service. • Oversee the establishment and support of a suite of internet-based business tools to assist early stage companies with administration such as AR, general accounting, customer relationship management and search engine optimization. 2. Marketing/Communication Specialist The Marketing / Communication Specialist is responsible for coordinating the internal and external communications of the TIC and coordinating events, seminars, and grant proposals and reporting to the City of Evanston. In addition, the specialist collects information from new companies and conducts periodic surveys of existing and alumni companies tracking the economic impact of these firms. Specific responsibilities include: a. Communications • Create and distribute newsletters and brochures via email and print. • Promote seminars via email and flyers • Update social media outlets with TIC news and photos • Distribute email announcements to TIC clients about technology community and entrepreneurship events b. Events • Plan seminars for TIC clients • Photograph / record seminars • Assist in planning and publicity of TIC anniversary event • Attend Chicago area technology networking events as a TIC representative c. Grant Writing • Report on progress / deliverables to City of Evanston • Coordinate the writing of grant proposals d. Client/Alumni Survey / Reporting • Maintain information about new companies including company descriptions for online tenant directory and email addresses for mailing lists 64 of 631 11    • Conduct periodic surveys of TIC companies gathering key economic indicators including jobs, funding, student projects, etc. D. Real Estate - 820 Davis TIC’s success can be attributable in part to below market monthly rental rates, flexible 30 day lease terms, companies' ability to grow and contract, furnished office, and reliable telecommunications infrastructure – combined with a downtown Evanston location near public transit, restaurants and shopping. Chuck Happ owns 820 Davis through 820 Davis, LLC. Farnsworth Hill, Inc. manages and leases the space. The TIC operates within 20,000 square feet of the 81,000 sq ft property representing 25% of the total building square footage. Other building tenants include a number of government, personal services, and business service companies including U.S. Rep. Jan Schakowsky, Grumman Butkus, and Richard Day Research paying an average rent of $22/ sq ft according to CoStar (the leading commercial real estate provider of information and analytic services). TIC client companies pay below market rent for downtown Evanston office space. The 20,000 square foot incubator pays approximately $19,000 per month in rents to 820 Davis, LLC which equates to approximately $11.40 / sq ft. According to CoStar, the average rental rate for office space within 820 Davis is $25 sq ft while downtown space is renting for an average of approximately $27 / sq ft. City of Evanston Economic Development funds are allocated to programming and TIC services – none goes toward subsidizing TIC client rent. A portion of the city funding, however, is allocated to TIC administrative offices rent to 820 Davis. Under the current agreement with TIC, Farnsworth Hill (the 820 Davis Street professional building manager) is responsible for collecting and administering the leases of the individual TIC companies and collects the rents. This model frees the Executive Director of the time consuming administration and management of the real estate to focus on programs and services. An alternative model employed by many incubators is the master lease obligation which, in the case of the TIC, would require payment a single monthly lease payment to 820 Davis, LLC, and require the TIC to manage each of the 40+/- leases – an administrative challenge that would limit the ability of TIC staff to coordinate the incubation activities of the TIC. From a funding perspective, the private lending market does not support this model for several reasons. Most real estate is leveraged with debt. The TIC has learned that lenders, loan underwriters, or appraisers who will not honor 40 individual office leases within a 20,000 sq ft space on month to month terms. It doesn’t provide the credit worthiness and security that banks desire. There are virtually no conventional financial 65 of 631 12    products that support the uncertainty associated with this many small space users who have little track record of business success. Furthermore, there are very few examples of conventional property owners / managers who will tolerate past due rents which is often the case with early stage start ups struggling to generate accounts receivables or start up financing. Despite the financial challenge that every incubator model faces, the TIC has to its advantage a devoted board of directors who maintain a passion for private enterprise, entrepreneurship, business startups and promotion of jobs growth. Specifically, Charles Happ has had a 22-year history of social service, serving on numerous for-profit and non-profit boards, several of which have required his financial support. Over a four year period 2005-2008, for example, Mr. Happ invested approximately $400,000 of his own cash into the TIC. In addition, Mr. Happ spends significant time helping develop the TIC client companies, for example, having recently driven a client to Boston and back for a conference. E. Organizational Information The TIC organization chart is provided on the following page. Attached is the proof of non-profit status, and the income statement. F. Plan for Financial Sources Diversification The TIC is proposing an incremental strategy to reducing its reliance on City of Evanston funding. The process will take up to three years but will have the benefit of providing a much needed investment vehicle for Evanston startups. State’s Invest Illinois Venture Fund Program On May 2, 2012, Tim Lavengood was selected by the State of Illinois Department of Commerce & Economic Opportunity to be a member of the “Due Diligence Team of the State’s Invest Illinois Venture Fund Program.” The membership has the potential to significantly and quickly give the TIC credibility as it relates to the due diligence process (i.e. reviewing companies and projects investment quality based on technology, marketing plan, management team qualifications, etc.). This type of service is fee based and could in the mid term provide an additional funding source for the TIC. Evanston Business Investment Company III An investment fund, to be called Evanston Business Investment Company III (EBIC III) will provide significant additional financial support to the TIC in exchange for TIC service as providers of due diligence. This summary is intended to introduce to the Economic Development Committee a broader proprietary plan (currently 9 pages in length). It will take a few years for EBIC to become a significant contributor, but TIC will grow EBIC 66 of 631 13    according to this plan. The role Tim will play with the State’s venture fund program is the same role TIC will perform, on a fee for service basis, for EBIC III. EBIC III will retain as its main charitable goal the funding of TIC companies not otherwise likely to get more conventional financing. That alone should confer a great benefit on the TIC as well as the Evanston community. The prospect of obtaining entrepreneurial financing should raise the profile of the TIC in the Chicago area, and attract to the TIC (and Evanston) desirable new companies seeking to get such funding. EBIC III is proposed to be developed into a significant business and economic development tool providing funding resources for developing technology oriented companies unlikely otherwise to obtain sufficient capital to prosper. EBIC III will seek investment capital of at least $27,000,000, over time. However, it would begin with a small fund seeking to make modest loans available to suitable investment targets. EBIC III growth would depend on investment success, but hopes to reach the $27,000,000 capital level within five to ten years. The various phases identified can only be estimated. EBIC III will focus on investment support for promising resident, graduate and affiliate TIC companies, but will not exclude other suitable start-up companies. EBIC III seeks to earn an above average return on investment (in entry stage companies) for its limited partners while achieving its own community economic development and job creation objectives. Realistically, EBIC III will not have substantial initial funding sources by large local institutions such as EBIC II enjoyed. However, the Evanston tech community has successful companies (including TIC graduates). These could contribute enough capital to get EBIC III founded and funded for a few early short term loans. Once started, the existing program will provide a basis for seeking additional investments from accredited investors with either a TIC relationship or an interest in supporting the Evanston community. This will take time. However, without a small start, a large, productive, result seems most unlikely. Some potential initial investors in EBIC III are identified in Exhibit B. EBIC III will retain as its main charitable goal the funding of TIC companies not otherwise likely to get more conventional financing. That alone should confer a great benefit on the TIC as well as the Evanston community. The prospect of obtaining entrepreneurial financing should raise the profile of the TIC in the Chicago area, and attract to the TIC (and Evanston) desirable new companies seeking to get such funding. EBIC III could also provide some additional financial support to the TIC in exchange for TIC efforts to identify appropriate investment targets. 67 of 631 14    This fund will move TIC in the direction of becoming a self-supporting private incubator program, although this process will require an additional 2 to 3 years. Chuck Happ is willing to present additional non-proprietary details to the Committee at its request. 68 of 631 15    IV. TIC Services The TIC is able to attract early stage startups with below market rental rates, flexible lease terms, ability to lease additional space or to shrink, furnished office, and reliable telecommunications infrastructure. In addition to the services coordinated by the executive director (described in detail on pages 6 through 8), the TIC provides a number of other supportive services to its incubating clients including : Legal Clinic Attorney John Allen provides free legal services to TIC clients by appointment on Thursday afternoons. The sessions are 45 minutes in length addressing business formation, contract structuring, and common legal challenges with employees, customers, and competitors. Mr. Allen has also guided TIC firms through acquisition. The TIC reports that John Allen’s legal clinic led directly to the formation of the entrepreneurial law course at Northwestern University School of Law. Seminars The TIC hosts a number of seminars open to the public on Thursday evenings. Two recent examples are summarized below: • How to Win SBIR Grants, March 22, 2012, Dr. Richard Weber, speaker During this roundtable discussion, Richard Weber presented ideas about developing SBIR projects, writing proposals, and improving the chances of getting selected. Weber has received about 15 SBIR Phase I grants and 12 Phase II grants since 1990, totaling more than $8 million. He has received grants from NASA, the Department of Energy, NSF, NIH and DOD. • Choosing a Legal Business Entity: Corporation, S-Corp., or LLC? May 10, 2012 Kenneth Obel, Speaker KEN OBEL, founder of GOODCOUNSEL, a law practice serving entrepreneurs, discussed the basic options entrepreneurs have for setting up legal entities for their businesses, and the factors that they should consider in selecting one. Alumni Group • The Incubator plans to hold a business plan competition, sponsored by prominent Incubator alumni companies and/or other area companies. The winning companies will enter the Incubator and be mentored by a sponsor company. The TIC is in early discussions with CoLab Evanston to collaborate on a business plan competition. 69 of 631 16    • The Incubator's major alumni event is the Anniversary Party, held every year. This party attracts about 150 guests each year and serves as a reunion event for our alumni. Investment Fund TIC is proposing to lead the development of a new early-stage financing mechanism centered in Evanston called EBIC III. The process for creating the fund, given the reduced involvement of area banks at the early start up stages, is anticipated to take more than one year to accomplish. The EBIC III fund (summarized in the “plan for financial diversification”) will also potentially serve as a mechanism to reduce the TIC’s reliance on public funding.   The creation of the fund is critical to retaining high-potential graduates of the TIC who, in the past, have left Evanston for areas where funding is more readily available. The executive director will work with early stage firms to design and implement a due diligence function for the fund, and will work with limited partners and advisors to lead the development of the incorporation, investment criteria, deal structure, and deal flow. Event Sponsorship The TIC is sponsoring a mini-Makers Faire in August 2012 in downtown Evanston. According to the maker faire website http://makerfaire.com/about.html, “ Maker Faire is an all-ages gathering of tech enthusiasts, crafters, educators, tinkerers, hobbyists, engineers, science clubs, authors, artists, students, and commercial exhibitors.” The TIC is also a sponsor of the CMS Expo. The event attracts an international crowd of technology directors and entrepreneurs. http://cmsexpo.net/ A. Promoting Evanston’s Technology Ecosystem The TIC participates in a number of events that help promote Evanston’s technology culture. These include business plan / student project panel evaluations, alumni war stories, coordination of student assistants for TIC clients and ETHS career day. Examples of these projects include: • NU Venture Challenge judge April 25, 2011 • Judge, InNUvation Pitch Challenge (at Prairie Moon) April 2011 • Tim Lavengood was Keynote Speaker for Kellogg's Entrepreneurship Idol event, May 2012 70 of 631 17    • TIC will be mentor participant in the Y.O.U. YES (Youth Entrepreneurship Seminars) program • TIC Seminar, "Choosing a Legal Business Entity: Corporation, S-Corp., or LLC?" presented to an audience from the larger Evanston community on May 10, 2012 • Illinois Department of Commerce and Economic Opportunity has invited Tim Lavengood to join the due diligence team for the Invest Illinois Venture Fund. • Tim Lavengood interviewed for 1M/1M series on Business Incubation • Interviewed for article on cloud computing in Evanston Roundtable • TIC was a sponsor of Governor Quinn's Startup Illinois event, held in Chicago on May 20, 2011. • Co-sponsor of North by Northwestern Night, part of the CMS Expo Learning and Business Conference • TIC was a source for recent Evanston Roundtable article on Kellogg real estate study • TIC contacted Evanston Roundtable with news about TIC company Psylotech's graduation and relocation to Dr. Hill neighborhood in Evanston. Article about Psylotech ran in May 10, 2012 issue of Roundtable. • TIC a sponsor of 4th International Ceramics Conference panel discussion, to be held in July 2012. B. International Delegations Several times per year, TIC hosts international delegations of public and private sector representatives from foreign nations who are on study tours focusing on economic development, technology development and entrepreneurship. These programs are usually organized by World Chicago under the International Visitors Leadership Program of the Department of State. Recent visits include delegates from the Government of Uzbekistan and the African Women Entrepreneurship Program. C. Student Projects (including Northwestern University) TIC client firms utilized the services of a number of students in order to complete important projects. Having access to local universities appeals to both the students (opportunity for practical experience) and the companies (access to free or inexpensive labor). The following are several recent examples of student/TIC collaborations: 71 of 631 18    • Engrana In summer 2011, a Northwestern University student from the McCormick School of Engineering worked on a project for Engrana. The project involved designing aerodynamic improvements to a school bus. • Psylotech – 4 projects total in 2011. A University of Colorado – Boulder engineering student intern worked on a design project for Psylotech in summer 2011. Psylotech also worked with two teams of engineering students from Northwestern University on projects in the spring and fall, and one team from the University of Illinois in the fall. • Enspirea A software engineer intern from the Illinois Institute of Technology did work for Enspirea in 2011. • Illumen Group A student intern from DePaul worked on Flash interactivity for a web design project for Illumen Group during summer, 2011. • Tula Foods – 2 projects total in 2011. A summer intern from the Kellogg School of Management worked on building a financial model and sales sell-in support for Tula Foods. A fall intern from Kellogg developed an investor presentation for the company. 72 of 631 19    73 of 631 74 of 631 75 of 631 76 of 631 77 of 631 78 of 631 79 of 631 Technology Innovation Center Confidential Draft Client Company Roster (names partially hidden for proprietary purposes) Name Industry Jobs Admissions Date Exit  Date Tenure Exit Reason Current  Address Address upon  Graduating  TIC Current # of Full  Time Employees Current Clients 1 Andrew Gee Financial services software    1 11/1/2011 1yr Current Client TIC 1 2 Association Point Cloud computing/SaaS 1 12/1/2009 2yrs Current Client TIC 1 3 Atmosphere Telecomm / IT Services 2 9/25/2008 4yrs Current Client TIC 2 4 Benevolent Online philanthropy 2 7/1/2011 1yr Current Client TIC 2 5 CDM Novitec Noise and vibration isolation systems 1 1/15/2012 Current Client TIC 1 6 Conjuchem Biomedical 1 12/1/2009 2yrs Current Client TIC 1 7 Delta Research Business Research 1 2yrs Current Client TIC 1 8 Design Factory Consumer products 1 7yrs Current Client TIC 1 9 Email Logic e‐marketing 6 5yrs Current Client TIC 6 10 Engrana CAD/Simulation 2 12/1/2009 1yr Current Client TIC 2 11 Enspirea Software  5 6/5/2010 1yr Current Client TIC 5 12 Grocer Exchange Grocery consumer data 6 8/1/2011 1yr Current Client TIC 6 13 Iconic Development Green real estate 5 3yrs Current Client TIC 5 14 Illumen e‐learning 5 6/30/2008 4yrs Current Client TIC 5 15 Invariant Technology Software  1 5yrs Current Client TIC 1 16 John Allen Legal 1 2/1/2012 Current Client TIC 1 17 MaterialsDevelopmt New materials 4 2yrs Current Client TIC 4 18 MTS (Struve)New materials 1 4yrs Current Client TIC 1 19 Networked Robotics Biotech data collection 2 12/31/2008 Current Client TIC 2 20 Novinoor Electronic Sensors 4/1/2012 Current Client TIC 21 Pathways 1 1/1/2011 Current Client TIC 1 22 Physical Property MeasuremenScientific research equipment 1 Current Client TIC 1 23 Precision Biomarker Biotech 8/1/2006 Current Client TIC 24 PreScouter Technology scouting 2 2/1/2012 Current Client TIC 2 25 Rapid Direction Rapid prototyping 2 2/1/2012 Current Client TIC 2 26 Recor Software training 1 6yrs Current Client TIC 1 27 RFID Sherpas Retail technology consulting 2 1/1/2010 1yr Current Client TIC 2 28 Sales‐I CRM Software 6 9/2/2010 1yr Current Client TIC 6 30 Secure Card Card security 1 5yrs Current Client TIC 1 31 Start Spot Media Media research 5yrs Current Client TIC 32 Castleton Marketing Group marketing consulting 1 2/6/2012 Current Client TIC 1 33 Tula Foods Consumer food products confidential at co. request Current Client TIC confidential at  co. request 34 Uberlube Lubricants 2 2/1/2012 Current Client TIC 2 35 Vasc‐Alert Medical devices 2 6/1/2011 Current Client TIC 2 Alumni Clients 167 Kiloherz Skokie Skokie 2 AccessLine Communications 11201 SE  8th St.,  Bellevue,  WA 98004 3 AceIt Golf (Scoring Edge)Acquired 4 Advance USA 7/1/2008 5 Advanced Coating Research 6 Advanced Information Service 7 Advanced Multiuser Technologies 8 Agile Devices Michigan ? 9 Aginity Big Data 40 7/9/2008 Expanded Evans 1603  Orrington,  Ste. 1250,  Evanston 1603  Orrington, Ste.  1120 40 10 Algerado 7/7/2008 Closed 11 All Promise 12 American Back Care/ Golden Retriever 13 American Education Services 14 Amyntas Capital 10/16/2009 15 Anadata / Analytic Partners Closed 16 Andrew Vass 8/1/2006 17 Applied Kinetics Corp. 18 Applied Optical Technologies 19 Applied Science and Communication 20 APTE Page 1 of 6 Date Printed: 5/18/2012 80 of 631 Technology Innovation Center Confidential Draft Client Company Roster (names partially hidden for proprietary purposes) Name Industry Jobs Admissions Date Exit  Date Tenure Exit Reason Current  Address Address upon  Graduating  TIC Current # of Full  Time Employees 21 Arc Technology Group Web design/development 11/12/2008 Expanded Evans 1718 Sherman Avenue, Suite 310, Evanston, IL 60201 1718 Sherman Avenue, Suite 310, Evanston, IL 60201 22 ARCH Development Partners 23 Audio Spark Closed 24 AudioCast (became Clear Meeting) 25 Auris 26 Aware Records 27 Axonix 28 Balance Point Technologies, Inc. 29 Bananagraphics 30 Bant Breen, LLC Closed 31 Barnhill & Associates 32 BAU 33 Be Extraordinary 8/27/2008 Closed 34 Bedouin (Acquired by Borland)Acquired 35 Bedrock Institute of Technology Closed 36 Big Time Recruit 37 Biomat Closed 38 Biztek Consulting 39 Blue Tape 7/29/2009 40 Blueprint Solutions Closed 41 Bonafide Referrals 8/1/2008 42 Boundary Technologies 43 Boys Hope Girls Hope 44 BP Vacuum Analysis Closed 45 BradsDeals (Originally DealsDuJour)Expanded 46 Brella Productions Expanded Evans 1601 Simpson Street, Evanston IL 60201 47 Bridgeware Inc. 48 Burning City, Inc. 49 Carden Technologies 50 Cardiomedix 6/30/2008 Expanded Evans 1840 Oak  Ave., 2nd  Floor,  Evanston, IL  60201 1840 Oak Ave.,  2nd Floor,  Evanston, IL  60201 51 Careful Industries 52 CCI Publishers Closed 53 Celsis Expanded Chicago 54 Center for Independent Futures Expanded Evanston 55 Channel Economics Expanded 56 Check Sense 7/1/2008 57 Cherion Trading 7/14/2008 58 Chicago Computer Society Expanded Chicago 59 Chicago Green City Market Expanded 60 Chicago Manufacturing Co. 61 Chicago Promotion Group 62 CoAction Systems Closed 63 Cobotics Acquired 64 CogniTek 65 College Butler 66 Collin Anderson 67 Containerless Research 68 Course Design International 69 Creative Case Mgmt.Expanded Evanston 70 Cyber Tech Applied Science 7/3/2008 Closed 71 Cyberspace Solutions Closed 72 Data Instruments, Inc. (Epsilon Instruments)Closed 73 Datatricity Closed 74 DC True Closed 75 Denaro 76 Dependable Computer Page 2 of 6 Date Printed: 5/18/2012 81 of 631 Technology Innovation Center Confidential Draft Client Company Roster (names partially hidden for proprietary purposes) Name Industry Jobs Admissions Date Exit  Date Tenure Exit Reason Current  Address Address upon  Graduating  TIC Current # of Full  Time Employees 77 Dietary Systems 78 Digital Big Screen 79 Digital Innovations (now Neuros Audio?) 80 Digital Media Associates 81 Digital Pipeworks Corp.Closed 82 Direct Conversion Technique 83 Director Technologies Closed 84 Dizpersion Corp.Expanded Evanston 85 Doctor's Communic. Svcs. / Distext 86 Dynacept, Inc.Expanded 87 Dz Schafer 88 eDatum.com, Ltd. 89 El Coqui Galleries 90 Electronic Cottage 91 Electronic Technologies / Make Website 92 Eric Lieberman 4/15/2010 93 Evanston Business Investment Corp. (EBIC)Closed 94 Events.org 95 Exis, Inc. / Micro Technology Mgmt. 96 Extreme Fans, Inc.Acquired 97 Exzec Acquired 98 Fair Market Assoc.Closed 99 Ferveo Technology 8/12/2008 Closed 100 Fibrogenix (now called Chi‐Fyx) 101 Field Trip Factory 102 Firefly Greetings Closed 103 First Bank & Trust Expanded Evans 820 Church  St.  Evanston, IL  60201 104 Fleet X‐Change Closed 105 Fluid Dynamics Studio 9/5/2008 106 FMN Technologies 9/10/2010 107 Focus Partners 7/1/2009 108 Food Concepts, Ltd. 109 Fox River Technologies, Inc. 110 Franklin Partners Closed 111 Functional Circulation 1/18/2009 112 Fusion Optix 113 Games Parlor Acquired 114 Geneprot 115 General Biomass 116 Generation Copy Expanded Evans 960 Grove Street Evanston, Il 60201 1840 Oak Ave. Evanston, IL 60201 117 Gennex Healthcare Technologies Closed 118 Geotest Acquired 119 Go2Call 8/25/2008 Expanded Evanston 120 Goodgrades Corp 11/14/2008 121 GreenSpark 122 Groupworks Technologies, Inc. 123 Harmonic Vision 124 Health Capable 8/2/2008 125 Healthcare Business Strategies 126 History IT 5/1/2012 127 Holicon 128 Home Touch Marketing 129 I Imagine Studio Expanded Evanston 130 I02 Technology 131 IDEO Product Development 132 Ignite Sports 133 Illinois Superconductor (ISCO International) 134 Immtech International 135 Independence Technologies 136 Indev Corporation 137 Inform Software 138 Informance Intl. (formerly Factoryware) Page 3 of 6 Date Printed: 5/18/2012 82 of 631 Technology Innovation Center Confidential Draft Client Company Roster (names partially hidden for proprietary purposes) Name Industry Jobs Admissions Date Exit  Date Tenure Exit Reason Current  Address Address upon  Graduating  TIC Current # of Full  Time Employees 139 Information Management Training 140 Information Resources 141 Infoworks Intl. 142 Inner Solutions 143 Innovalink 144 Institute for International Entrepreneurship 145 Integrated Health Options 146 Integrated Sports Electronics 147 Intell/Agent Systems 148 International Project Consultants 149 Internet Resources Group 150 Interspan Inc. 151 JACO 12/31/2008 152 Jasper Creek Education 153 JCL Bioassay 154 John Allen 2/1/2012 155 Kaliber Imaging 5/1/2011 156 Knowledge Dynamics 11/10/2008 Closed 157 Knowledge Works Management 158 Kring Lerner Group 12/30/2009 159 Lake Point Interactive Closed 160 Lakeview Synthesis Closed 161 Launch Agents 12/31/2008 162 Leap into Learning 163 Leapfrog Online e‐marketing 110 3yrs Expanded Evans Greenwood , Evanston 110 164 Leapfrog Online 165 Learning Insights 166 Legal Data Search 167 Libertyville Industrial 168 Lindsay Partners 169 Logic Tools, Inc. 170 Machine Bus 171 Machine Research Corp. 172 Macro E. Solutions 173 Manufacts 174 MAR, USA (Now called Rayonix) 1880 Oak  Ave.  Evanston, IL  60201 175 Market 6 8/27/2008 176 Marketing Information Systems Acquired 177 Marquette Consulting 178 Marsailles ‐ Nouvelle 179 Masterfax 180 Medical Tool Works (became Neuroscience Toolworks) 181 Medifacts Systems 182 MedPoint Expanded Evans 909 Davis St, Suite 500, Evanston, IL 60201 183 Megabases 184 Mektronics 185 Metabolic Technologies Closed 186 Michael Low 6/5/2010 187 Minority Business Development 188 Mobility 24x7 189 Mojam Media 190 Moran Group 191 Motion Pictures, Inc.Closed 192 Motive Quest Expanded Evans 1578 Sherman Avenue Evanston IL 60201 193 Murray Marketing 1/1/2009 194 MusculoGraphics 195 MyLoanBiz 196 National Cement and Ceramics Lab 197 National Health Mgmt.Closed 198 Natropolis 199 Natropolis 7/7/2008 200 Neodesic Page 4 of 6 Date Printed: 5/18/2012 83 of 631 Technology Innovation Center Confidential Draft Client Company Roster (names partially hidden for proprietary purposes) Name Industry Jobs Admissions Date Exit  Date Tenure Exit Reason Current  Address Address upon  Graduating  TIC Current # of Full  Time Employees 201 Neovision 11/1/2011 202 Net Gambit e‐marketing 1 ###### Current Client TIC 1 203 netIllinois 204 Neurds 8/1/2010 205 Newmerica 1/29/2010 206 NextChem Expanded 207 Niles Research Corp 208 Northwestern Children's Practice 209 Nutrinet 210 Odesta (South) 211 Odyssey Research and Development Closed 212 Off Deck Media 1/1/2009 213 Optimal Solutions Technologies 214 OT Advantage 1/1/2012 215 Ozonology, Inc. 216 Pain Prevention Lab 217 Paradox Studios Closed 218 Park Central Systems 219 Pash One 7/1/2008 220 Path Media 221 Pattern Associates Closed 222 Pattern Recognition Systems 223 PC Marketing 224 Peapod Closed 225 Peapod Expanded 226 Peel 3/9/2009 227 Perceptual Robotics Closed 228 Phora Group 229 PIC (Private Industry Council)Closed 230 Pivotal Click Acquired 231 Pixel Palette 232 Platinum Consulting 7/31/2010 233 Plextel 234 Prowave 7/16/2008 235 Psylotech 6/30/2008 Expanded Evans 1616 Payne  St.,  Evanston, IL  60201 236 Q Technologies/Subnet Systems 237 Qmax 238 Quest Technology Development Closed 239 Questek Innovations 240 Questron 12/31/2008 241 Rayonix 3/3/2011 242 Real Clear Politics Acquired 243 Real Time Freight 244 Realtime Ventures 245 Reflective Systems / Broadview Communic. 246 Revision 12/30/2009 247 Rick Hammel, Inc. 248 Ryme Corporation 249 Sablier 250 Sales Link Systems 251 SBB Services 2/1/2011 252 Scoring Edge 253 Second City Gift Co. 254 Sepiida 9/3/2009 255 SHBTRV 256 Shoptalk 257 SIBC 258 Simply Hawaii 259 Sinamed Co. 260 Slim‐x Corp 261 Smallflower 262 Socioclean 4/19/2010 263 Solutions, Inc./SlateMate 2000 264 Sourcelight Technologies Closed Page 5 of 6 Date Printed: 5/18/2012 84 of 631 Technology Innovation Center Confidential Draft Client Company Roster (names partially hidden for proprietary purposes) Name Industry Jobs Admissions Date Exit  Date Tenure Exit Reason Current  Address Address upon  Graduating  TIC Current # of Full  Time Employees 265 Sourcetrix 266 Soy Works 267 Spearhead Technologies 1/21/2008 268 Spectrix Closed 269 Sphere 6/30/2008 270 Spine‐Health 271 Sporteeth 272 Sri Lankan Chocolate Factory 273 Startspot Mediaworks 6/30/2008 274 Stone Road (formerly Web Video Ads) 275 Stonebridge Technologies 276 Strategic Marketing Group 7/16/2008 277 StrongArm 12/31/2008 278 Student Advantage 279 Student Solutions 280 Student Space 10/1/2008 281 Surgical Insights Acquired 282 Syal Consult 9/1/2009 283 Synergis 284 Tactic Pharma 4/15/2010 285 Taishan Works 286 Tambourine Technologies 287 Tangerine Trees, Ltd.Closed 288 Technology Management Systems 289 The Optime Group (formerly Strategic Systems Intl.) 290 The Whitewater Group Acquired 291 Theis Research closed 292 THRUST 293 Totally Non‐Technical Solutions 294 Transcience 295 Travel Technology and Magic 296 U Communications 297 University Wire 298 Upzing 299 URWS Products, Inc. 300 Vacation Eyes 301 Valence Therapeutics 4/15/2010 302 Vena‐Tech 303 VentureCraft 304 Vibes Media Expanded 305 Vista Transport 7/15/2008 306 VoiceLink 307 Voxas 308 Wasoo 309 Web Broadcasting 310 Web Masterworks Internet Publishing 311 WebBytes.com 312 Webfarm Closed 313 Weeks and Associates Closed 314 Werwath Portfolio Group 10/1/2011 315 Wilderness Technologies 3/1/2010 316 Willoughby 317 Windy City Software 318 Winterbourne 319 WMAQ 320 Xomix 321 YS Partners 322 Zaplee 323 Zeometric 6/30/2008 Page 6 of 6 Date Printed: 5/18/2012 85 of 631 For City Council meeting of September 24, 2012 Item SP2 Business of the City by Motion: Crown Park Request for Proposal For Action To: Honorable Mayor and Members of the City Council From: Crown Park Community Center Evaluation Committee Douglas J. Gaynor, Director, Parks, Recreation & Community Services Robert Dorneker, Assistant Director, Parks, Recreation & Community Services Stefanie Levine, Assistant Superintendent Parks/Forestry & Facilities Subject: Selection of Final Project Teams to Negotiate Design, Build, Finance and Operate an Ice Arena and Community Center within Crown Park Date: September 24, 2012 Recommended Action: The Crown Park Community Center Evaluation Committee recommends that the City Council direct the City Manager to initiate negotiations with two prequalified respondents, Crown Park Community Partnership (William Blair) and McCaffery Evanston Recreation LLC (McCaffery Interests), in order to obtain a best and final offer to Design, Build, Finance and Operate an Ice Rink and Community Center within Crown Park. Summary: On April 1, 2010 the City released a Request for Qualifications (RFQ) to procure the services of a developer to design, build, finance and operate a new ice rink and community center at Crown Park. Eight responses were received on June 29, 2010. The Crown Park Community Center Evaluation Committee, selected by the full City Council and consisting of three Aldermen (Wilson, Burrus, Jean-Baptiste and later Braithwaite), three Parks and Recreation Board members (Mark Metz, Mark Sloane and Marcus Casady) and a variety of City staff was organized to review the proposals. After an extensive review process three proposals from Evanston Sports Partnership LLC (Harbour Contractors), Crown Park Community Partnership (William Blair) and McCaffery Evanston Recreation LLC (McCaffery Interests) were recommended by the Evaluation Committee for prequalification. On January 24, 2011, the City Council approved that recommendation. Per direction at the January 24, 2011 Council meeting, several studies were conducted for the project in advance of an RFP release to the prequalified vendors. In spring 2011 a Phase 1 Environmental Site Assessment (ESA) and a preliminary geotechnical study Memorandum 86 of 631 were completed for the property. The ESA revealed no evidence of recognized environmental conditions on the property and concluded that no further investigation, including a Phase 2 ESA, was deemed warranted at this time. The geotechnical investigation concluded that the existing shallow depth soils on site are not capable of supporting a proposed building of the type contemplated for this project. As a result, the geotechnical report recommends that the proposed structure be supported by belled caissons. In fall 2011 a marketing study was completed for the project. The study concluded that demand exists for a regulation sized ice surface in addition to the one and one-half ice surfaces currently at Crown today. After reviewing study results and a draft Request for Proposal (RFP), the City Council directed staff on October 17, 2011, to release a RFP to the three prequalified vendors for this project. The RFP was released on October 28, 2011 and proposals were received on February 9, 2012. Key team members for each of the respondent teams were as follows: Evanston Sports Partnership LLC (Harbour Contractors) Harbour Contractors (general contractor) Studio GC (lead architect) Oppenheimer (financial services) Indoor Sports Management Group (facility operations) Solomon Cordwell Buenz (architect) The Perman Group (public affairs) Tinsley and Associates (financial consultant) Crown Park Community Partnership (William Blair) William Blair & Company (financing) Club-Sports Consulting Group (operations/facility management) Walsh Construction Company (general contractor) Economou Partnership (lead architect) David Woodhouse Architects (architect) Conservation Design Forum (landscape architect and civil engineer) Globetrotters Engineering Corporation (MEP/FP engineer) McCaffery Evanston Recreation LLC (McCaffery Interests) McCaffery Interests Inc. (developer) Antunovich Associates Inc. (lead architect/engineer) W.E. O’Neil Construction Company (general contractor) Advanced Arenas Inc. (facility operations) RBC Capital Markets Corporation (financial consulting/investments) Following receipt of the proposals the evaluation committee met to review and discuss the responses on June 8, 2012 and September 7, 2012. Additionally, during this period the City solicited the assistance of Bond Council in the review of each respondent’s financial proposal. During committee discussions it was agreed that the proposal 87 of 631 received from Evanston Sports Partnership LLC (Harbour Contractors) was generally considered non-responsive, and therefore is not recommended for further consideration. Responses received from the other two prequalified vendors, Crown Park Community Partnership (William Blair) and McCaffery Evanston Recreation LLC (McCaffery Interests) were deemed partially responsive to design requirements and financial requirements respectively. As a result, the Evaluation Committee recommends Council approval to initiate negotiations with both respondents in an attempt to identify each firm’s best and final offer in order to select and award this project. Please note that as it’s been approximately seven months since proposals were first received, staff anticipates that financial proposals may need to be modified as negotiations proceed. ------------------------------------------------------------------------------------- Copies of the proposals are available at the following link: http://www.cityofevanston.org/parks-recreation/robert-crown-center/crown-park-responses-to-rfp/index.php McCaffery Evanston Recreation LLC (McCaffery Interests) Crown Park Community Partnership (William Blair) Evanston Sports Partnership LLC (Harbour Contractors) 88 of 631 For City Council meeting of September 24, 2012 Item SP3 Special Order of Business: Pedestrian Safety Update For Discussion To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Subject: Pedestrian Safety Update Discussion Date: September 19, 2012 Summary: The Public Works Department will be presenting a report on the implementation/progress of the pedestrian safety recommendations. The City and District 65 started the school year with a safety in mind. Attached please find the safety memo sent to all parents from the Superintendent of District 65. Attachments: District 65 Welcome Letter Memorandum 89 of 631 Mission Statement: Educating each student to succeed in and contribute to our global community by cultivating creativity, compassion, and the pursuit of excellence. August 14, 2012 Dear District 65 Families, Welcome! We are preparing for another great school year for you and your children. I hope the following information on District procedures will aid you in a successful and convenient start to the school year. K-8 students start school on Tuesday, September 4th Registration We appreciate our families who completed the registration process for the coming school year. Not everyone must re-register, but all students new to District 65 and any student entering Pre- K, kindergarten, third, or sixth grade must complete a registration for the 2012-13 school year. If your child is entering a grade where registration is required and you have not already done so, please register as soon as possible. Timely registration is so important for our planning. It helps us ensure that our schools and classrooms are staffed appropriately. Forms and information are on the web ( . Later in September, Pre-K students at the Joseph E. Hill Education Center begin their school year. http://www.district65.net/parentsandstudents/registration). Forms can be downloaded and completed online, but the registration process is finalized in- person at the Joseph E. Hill Education Center with applicable identification and residency verification documents. For families whose children are not returning in the fall, please send an email to parents@district65.net to alert the District. This notification will help to expedite enrollment at your new school. Transportation School bus routes are almost complete. Eligible families will receive route information and, where applicable, fee information. Student safety is very important, so please remind your children to travel with a friend, cross only at crosswalks, listen to crossing guard instructions, and use suggested walk/bike routes on the way to and from school. Suggested routes are available at http://www.district65.net/departments/transportation/Walk_Routes/. Student and School Meal Fees Student fees (including transportation service fees) are due before the first day of school unless families are eligible for or have an approved fee waiver, or have made payment-plan arrangements with the District. Checks may be mailed (cash must be paid in person) to the Joseph E. Hill Education Center. Families also may use the e-pay system. An important change this year is that the system for paying for school meals will be separate from the system used for student and transportation fees. Watch for information from the Food & Nutrition Services Department to learn about the new meals payment system that allows families to prepay fees and check the status of their child’s balance. Evanston/Skokie School District 65 Phone: 847 859-8000 Forward to Excellence Fax: 847 859-8707 1500 McDaniel Avenue-Evanston 60201 www.district65.net 90 of 631 Mission Statement: Educating each student to succeed in and contribute to our global community by cultivating creativity, compassion, and the pursuit of excellence. New Telephone System A new phone system using a voice-over IP system that will net substantial future cost savings will be implemented this fall. Several classroom exchanges will be new, so please check school websites after the school year begins to make sure you have the most up-to-date information. Most school main phone numbers remain unchanged. In schools with new phone numbers, your calls to the old number will roll over for an extended period of time. New numbers will be published soon. Back-to-School Events In the next several weeks, many schools are hosting open houses, picnics, kindergarten meet and greets, and other welcome events. These events are a great way to connect or re-connect with your child’s classmates and their families. The Communications Department offered to post events on the District’s web calendar on behalf of school PTAs. This information is updated frequently, so please check the website often to find out more about your school’s upcoming events. Capital Improvement Projects Construction, renovations, and remodeling efforts continued this summer as part of our plans for addressing space and capital needs. Lincoln School’s addition is well underway and will be substantially completed and ready for occupancy before the first day of school. Other projects across the District, ranging from renovations to garner additional classroom space to masonry and roof repairs, are also on schedule and will be substantially completed for the opening day. In closing, I know that our principals, faculty, and staff join me in welcoming you to the 2012-13 school year. Over the past few months we have been preparing for this opening day. In addition to school construction, remodeling, renovations, refinishing gym floors, cleaning, class scheduling and staffing, we have been negotiating with the teachers’ union and plan to have a tentative agreement that is fair, fiscally responsible, and focused on high quality instruction and learning for all students in our district. Our teachers are dedicated professionals, and I can assure you they and we have the same interests at heart – what is best for your children. Sincerely, Hardy Murphy, Ph.D., Superintendent of Schools 91 of 631 Misión: ”Educar a cada estudiante para que tenga éxito en nuestra comunidad global y contribuya con ella, cultivando la compasión, la creatividad y la búsqueda de la excelencia.” Agosto 14, 2012  Estimadas familias del Distrito 65,  ¡Bienvenidos! Nos estamos preparando para otro gran año escolar para ustedes y sus hijos. Espero que  la siguiente información acerca de los procedimientos del distrito les ayude a tener un inicio de año  exitoso y sencillo.  Los estudiantes desde kinder a 8vo. inician clases el martes 4 de septiembre; más  tarde en septiembre, inician clases los estudiantes de preescolar en el Centro Educativo Joseph E. Hill.   Inscripción   Agradecemos a las familias que completaron el proceso de inscripción para el año escolar siguiente. No  todos deben re‐inscribirse, sólo los estudiantes nuevos en el Distrito 65 y cualquier estudiante que entra  a pre‐escolar, kinder, tercero o sexto, debe completar su inscripción para el año escolar 2012‐13.  Si su  hijo va a iniciar un grado escolar que requiere de inscripción y usted no la ha realizado, por favor,  inscríbalo(a) lo más rápido posible. La inscripción oportuna es muy importante en nuestra planeación;  nos ayuda a asegurarnos que nuestros salones de clase tienen el número apropiado de niños. Las formas  y la información acerca de inscripciones están disponibles a través de Internet en la página  (http://www.district65.net/parentsandstudents/registration). Se pueden descargar y completar las  formas a través de Internet pero el proceso de inscripción se completa en persona en el Centro  Educativo Joseph E. Hill con identificación apropiada y con comprobantes de domicilio verificados. Para  las familias cuyos niños no regresarán a la escuela este otoño, por favor, envíen un correo electrónico a  parents@district65.net para avisar al Distrito.  Esta notificación al distrito les ayudara a inscribirse en su  nueva escuela.  Transporte  Las rutas de autobuses escolares casi están completas. Las familias que sean elegibles recibirán la  información de las rutas y en caso de ser necesario, recibirán información acerca de cuotas.  Rutas  sugeridas están disponibles en Internet en la página  http://www.district65.net/departments/transportation/Walk_Routes/. La seguridad de los estudiantes  es muy importante, así es que por favor, recuerde a sus hijos de acompañarse de un amigo, cruzar las  calles solamente por los cruces autorizados, escuchar las instrucciones de los guardias de cruce y usar  las rutas sugeridas para caminar/andar en bicicleta al dirigirse a la escuela y de regreso a casa.   Cuotas para estudiantes y cuotas para comidas escolares    Las cuotas para estudiantes (incluyendo cuotas de servicio de transporte) deben pagarse antes del  primer día de clases a menos de que las familias sean elegibles para recibir una condonación de cuotas,  que ya la tengan aprobada o que hayan hecho arreglos de planes de pagos con el Distrito. Los cheques  pueden enviarse por correo tradicional (el pago en efectivo debe hacerse en persona) en el Centro  Educativo Joseph E. Hill.  Las familias también pueden usar el sistema de pago electrónico (e‐pay).  Un  cambio importante este año es que el sistema para pagar las comidas escolares estará separado del  sistema usado para las cuotas de estudiantes y de servicios de transporte. Esté al pendiente de la  información relacionada con el Departamento de Servicios Alimenticios y Nutricionales para aprender  Distrito Escolar 65 de Evanston/Skokie Teléfono: 847 859-8000 En busca de la excelencia Fax: 847 859-8707 1500 McDaniel Avenue-Evanston 60201 www.district65.net 92 of 631 Misión: ”Educar a cada estudiante para que tenga éxito en nuestra comunidad global y contribuya con ella, cultivando la compasión, la creatividad y la búsqueda de la excelencia.” sobre el nuevo sistema de pago de comidas que permite a las familias pagar las cuotas por anticipado y  revisar el balance monetario de sus hijos.   Nuevo sistema telefónico   Este otoño se implementará un nuevo sistema telefónico que utiliza un sistema de voz a través de  Internet que traerá ahorros sustanciales a futuro. Varios intercambios de salones de clases serán  nuevos, así es que por favor, verifique las páginas de Internet de las escuelas después de que inicie el  año escolar para  asegurarse de que tiene la información más actualizada. La mayoría de los teléfonos  de las escuelas no cambiaron; en las escuelas con números telefónicos nuevos, sus llamadas a los  números anteriores serán transferidas por un periodo mayor de tiempo. Los nuevos números se  publicarán pronto.   Eventos de regreso a clases  En las próximas semanas, muchas escuelas tendrán sesiones abiertas al público, días de campo, sesiones  de socialización en kinder y otros eventos de bienvenida. Estos eventos son una gran oportunidad para  entrar en contacto por vez primera (o para reconectarse) con los compañeros de clases de sus hijos y  con sus familias. El Departamento de Comunicación se ha ofrecido para publicar eventos de las  Asociaciones de Padres y Maestros de las escuelas, en el calendario del  distrito a través de Internet.  Esta información se actualiza frecuentemente, así es que, por favor, revise la página de Internet del  distrito frecuentemente para enterarse de más cosas relacionadas con eventos futuros en su escuela.   Proyectos de mejora   Los esfuerzos de construcciones, renovaciones y remodelaciones continuaron este verano como parte  de nuestros planes de atender necesidades prioritarias y de espacio. La adición a la escuela Lincoln está  en marcha y estará casi terminada y lista para ser ocupada antes del primer día de clases. Otros  proyectos que incluyen desde renovaciones para tener espacio adicional para salones de clases, trabajos  de albañilería y reparaciones de techos, marchan también de acuerdo a lo programado y estarán casi  terminadas para el primer día de clases. Para terminar, sé que nuestros directores, maestros y personal,  se unirán a mí para dar a ustedes la bienvenida al año escolar 2012‐2013.    Durante los mese anteriores nos hemos estado preparando para el primer día de clases. Además de  trabajos de construcción en las escuelas, remodelaciones, renovaciones, detalles de acabado en las  duelas de los gimnasios, limpieza, programación de salones y contratación de maestros, hemos estado  negociando con el sindicato de maestros y planeamos tener un acuerdo tentativo que es justo,  fiscalmente responsable y enfocado al aprendizaje y a la enseñanza de alta calidad para todos los  estudiantes en nuestro distrito. Nuestros maestros son profesionales dedicados y puedo asegurarles que  en el fondo, ellos y nosotros tenemos los mismos intereses: lo que es mejor para nuestros niños.   Atentamente,     Dr. Hardy Murphy,  Superintendente escolar  MAV 93 of 631 For City Council meeting of September 24, 2012 Item SP4 Special Order of Business: Sidewalk Maintenance Discussion For Discussion To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Subject: 50/50 Sidewalk Maintenance Program Discussion Date: September 19, 2012 Summary: The Public Works Department will be presenting a PowerPoint presentation on the 50/50 Sidewalk Maintenance Program. The presentation will focus on how temporary maintenance is performed. The presentation will be discussed at the City Council meeting on Monday, September 24, 2012. Memorandum 94 of 631 M CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, September 10, 2012 Roll Call: Alderman Fiske Alderman Tendam Alderman Braithwaite Alderman Grover Alderman Wynne Alderman Rainey Alderman Wilson Alderman Burrus Alderman Holmes Presiding: Mayor Elizabeth B. Tisdahl The Mayor called the Regular Meeting of the City Council to order at 8:04 pm after a Roll Call was completed. She proceeded to state there would be a change in the order of the agenda. She also read a statement concerning the manner in which the comments would be accepted or deemed inappropriate. She then called for the first residents to come to the microphone; Citizen Comment: Ava Greenwell, 1625 Kirk St. spoke of her concerns of alleged Racial Profiling by the Evanston Police Department. This was in reference to the incident involving a mistaken ID of her 13 year old son on the 30th of August in front of their home. The son was supposedly the perpetrator of a burglary and was handcuffed and held for a positive identification by the victim, who told the Police the young man was not the one. She made the following demands: 1) a written apology for the handcuffing of their son, 2) all pertinent documents relating to the case, 3) disclosure of all complaints, 4) an expedited internal affairs investigation, especially about the arresting officer, 5) a full disclosure to the family first, as well as why unmarked cars are parked two blocks from her home. Dale Greenwell, 1625 Kirk St. stated he is a law biding citizen and hoping that what happened to his son can be prevented from happening to other young men particularly ones of color. He then gave his son’s credentials and all of the activities he is involved with. Rev. Mark A. Dennis, 1717 Benson Ave. Pastor of Second Baptist commented on the Greenwell family, and how the incident that involved their 13 year old son which may tarnish his life. He also stated he stands for all the other congregants who wrote letters and spoke to him and stated the same thing happened to them as well. He has permission to share the letters but will not tonight, as he asked for all those here who 95 of 631 DRAFT MINUTES September 10, 2012 2 have been falsely accused, wrongfully arrested or detained by the Police here in Evanston to stand. He and his congregation will stand for the Greenwell’s also all the families in Evanston and he stated there is a problem and it needs to be address. He too expressed the issue of racial profiling and the people of color are sick and tired of this act. He wants an apology for the Greenwell’s and for a change to come. George P. Mitchell, 1229 Emerson President of the Evanston North Shore Branch of the NAACP, came in support of the incident of the Greenwell’s son where he was confronted by the Evanston Police in his front yard in front of his mother and neighbors for an alleged burglary with no explanation. He ended his statement by demanding a real apology from the Police Department to the Greenwell family. Joshua Ciltall, 2509 Prospect Ave. He is the Vice President of the High School Branch of the NAACP also spoke of the incident and how the students try to learn to be useful society participants. The situation like the Greenwell family should not have happened and it is about time we have this type of conversation. Padma Rao, 2246 Sherman Ave. stated how the Mayor made a public spectacle of her bigotry and racist hatred against her and her mom when their microphones are turned off during their comments. On August 3rd the Mayor allowed a white person to talk about the same issues they spoke on without turning off the microphone. She stated public officials who deprive citizens of their civil rights are not acting civil. She demanded the Kendall trees be protected and for the Mayor and Council to stop imposing racial bigotry on this City. B.K. Rao, 2246 Sherman Ave., she reiterated the same accusation against the Mayor as her daughter, by allowing a white person to speak on the Kendall subdivision without turning off the microphone. She stated the Council has been informed of their wrong doing and that she will be back. Jackie Newsome, 1616 Dobson St. stated the Evanston Police should continue doing their job, but in a more sensitive manner. She also gave the credentials of herself and family. She then read a letter from her sister describing an incident she and her friend had with the Evanston Police. The officers told them that a victim was attacked and they were told to go the easy way or be f…ing handcuffed. The letter ended by stating that people need to stand up whenever injustices are committed. Perscilla Giles, 1829 Ashland Avenue spoke of the being awaken before 7:00 am by the construction of buildings in her neighborhood where the neighbors are totally against the construction. She also spoke in support of the Greenwell’s son, and she suggested that a formal apology to him and the family would go a long way in the healing process. Martha Moser, 929 Washington St. she also own Moser Sewing Studio and she is asking the Council to revoke the business license of Revolution Spin for noise violations, she also have a petition of 100 signatures and she gave the list to City Manger Bobkiewicz when he attempted to get her attention. Margaret Tarr, 907 Sherman she as well came to complain of the noise pollution that Revolution Spin generates and disturbs the neighbors and tenants of the facility. She suggests the relocation of Revolution Spin to the Dempster Street Mall away from residents. Adam Howarth, 904 Sherman Ave is the General Manager of Revolution Spin stated he has operated the business as they have the rights to do. He also stated they are doing all they can to accommodate all concerned. They just want to be able to operate and bring dollars to Evanston from their visitors from the Chicago area. Eric Podies, 7940 Foster Street, stated there were many inconsistencies in the May 29 th 96 of 631 DRAFT MINUTES September 10, 2012 3 meeting including in the Clerk’s minutes. He then addressed Mr. Farrar’s intimidating tactics are unacceptable to this village and he is a resident of the United States of America Junad Rizki, 2784 Sheridan stated he went to the Green Arts Show this weekend and gave him some good ideas. He gave samples of the sand blasting from the road to City Manager and stated this is a mismanagement of City’s funds again. He also donated his artistic piece to the City Clerk for safe keeping and suggested he would submit it in the Green Arts Show next year. Alderman Holmes made a reference to the Rules Committee to look into having the Firemen and Police Officers to think about residing in Evanston in-order to know the citizens of Evanston better. Alderman Braithwaite stated he has heard the concern expressed by the residents who came out tonight and thanked them for being here. He also offered an apology and stated the Greenwell’s deserve an official apology. He also praised Chief Eddington for being a caring person and a fair Chief. Mayor Tisdahl also thanked everyone for coming out and she praised the Chute Screaming Eagles and the career that is ahead for the Greenwell’s son. She appreciated the comments and that the Council and the Police will strive to have a better Police Department. Mayor Public Announcements and Proclamations The Mayor announced the “No Text On Board – Pledge Day” to begin on September 19, 2012. City Manager Public Announcements Mr. Matt announced “Paint Evanston Purple” to be on September 29, 2012 and the kickoff time is 11:00 am. Citizen Budget Outreach will begin on September 15 and September 19, 2012 “Roadmap for the Arts” Public Meetings to obtain recommendations for the Arts in Evanston from grass root groups beginning in September through January 2013. Communications: City Clerk City Clerk Greene announced the date for early voting would commence on Monday, October 22nd and go through Saturday, November 3rd. He also announced to those who are running for office in the 2013 General Election, they could go on line at the Illinois Board of Election and download the 2013 Candidates Guide to obtain the necessary forms. The petitions can only be circulated after September 25th, but candidates can only file their petitions in the Clerk’s Office beginning December 17th through December 24th 2012. Items not approved on the Consent Agenda: (A4)Approval of Change Order # 1 to the Church Street Improvement Contract Central Street Streetscape, Lincolnwood Drive to Ewing Avenue Staff recommends that City Council authorize the City Manager to execute Change Order #1 to the contract for the Church Street Improvement Project (Bid 12-136) to Landmark Contractors, Inc. (11916 W. Main Street, Huntley, IL) in the amount of $276,443. This change order will include the streetscape work on Central Street from Lincolnwood Drive to Ewing Avenue on the south side. Funding for this work is provided 97 of 631 DRAFT MINUTES September 10, 2012 4 by the Economic Development Fund (415924.65515) in the amount of $110,000 and CIP Fund (415857.65515) in the amount of $166,443. For Action (A5)Approval of January 1, 2012 Police and Firefighter Pension Actuarial Report Staff recommends that City Council review and approve the January 1, 2012 Actuarial Valuation for usage in the 2012 Tax Levy for Police and Firefighter funding purposes. The recommended Annual Actuarial Required Contribution (ARC) as determined by this study is $6,126,383 for the Firefighters’ Pension Fund, and $8,109,454 for the Police Pension Fund. For Action (A11)Ordinance 87-O-12: Setting Compensation for Members of the Evanston City Council Ordinance 87-O-12 sets compensation for members of the Evanston City Council with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. For Introduction (A12)Ordinance 88-O-12: Setting Compensation for the Evanston City Clerk Ordinance 88-O-12 sets compensation for the Evanston City Clerk with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. For Introduction (A13)Ordinance 89-O-12: Setting Compensation for the Mayor Ordinance 89-O-12 sets compensation for the Mayor of Evanston with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. For Introduction (A20)Ordinance 58-O-12: Regarding Designation of Chicago/Main Tax Increment Financing District Staff recommends adoption of Ordinance 58-O-12, “Designating, Proposing Approval of a Redevelopment Plan and Project, Adopting Tax Increment Allocation Financing, Convening a Joint Review Board, and Calling a Public Hearing Regarding the Proposed Chicago/Main Redevelopment Area.” Adoption of this ordinance will initiate the public hearing process for the designation of the Chicago/Main Tax Increment Financing (TIF) District. This ordinance was introduced at the August 13, 2013 City Council meeting. For Action (P1)Resolution 67-R-12, Designating that Portion of Mulford Street West of Dodge Avenue in James Park with the Honorary Street Name Sign, “Lionel & Irma Carter Drive” Staff recommends adoption of Resolution 67-R-12 designating a portion of Mulford Street west of Dodge Avenue in James Park, “Lionel & Irma Carter Drive.” For Action (P4)Ordinance 94-O-12, Amending the Special Use for a Convenience Store at 555 Howard Street in the B3 District 98 of 631 DRAFT MINUTES September 10, 2012 5 Staff recommends approval of proposed Ordinance amending an existing Special Use for the convenience store located at 555 Howard Street to allow it to open at 6:00 a.m. instead of 7:00 a.m. and to remain open until 8:00 p.m. instead of 7:00 p.m. For Introduction CONSENT AGENDA (M1)Approval of Minutes of the Regular City Council Meeting of August 13, 2012 (M2)Approval of Minutes of the Special City Council Meeting of August 16, 2012 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1)City of Evanston Payroll through 08/12/12 $2,759,689.16 City of Evanston Payroll through 08/26/12 $2,688,033.29 (A2)City of Evanston Bills FY2012 through 09/11/12 $5,446,750.40 City of Evanston Credit Card Activity ending July 31, 2012 $ 139,368.03 (A3.1)Approval of Sole Source Purchase of Tallmadge Street Light Poles from Graybar Electric Staff recommends City Council approval for the purchase of ten (10) Union Metal Tallmadge street light poles from Graybar Electric (900 Regency Drive, Glendale Heights, IL) in the amount of $27,352.90. Funding is provided by the General Fund, Traffic Signals and Street Light Maintenance Account 2640.65070, which has $40,000 budgeted for Fiscal Year 2012. For Action (A3.2)Approval of Contract for Large Diameter Sewer Rehabilitation Phase 1 with Insituform Technologies USA, LLC (Bid 12-152) Staff recommends that City Council authorize the City Manager to award a contract in the amount of $2,989,228 to Insituform Technologies USA, LLC (17988 Edison Avenue, Chesterfield, MO) for the Large Diameter Sewer Rehabilitation Phase 1 (Bid 12-152), contingent upon receiving the appropriate loan funding from the Illinois Environmental Protection Agency (IEPA). With this funding, all eligible construction costs would be funded by a loan repaid over 20 years at approximately 2.5% interest. For Action (A3.3)Approval of 2012 Structure Lining Contract for 50 Brick Sewer Manholes with National Power Rodding Corporation (Bid 12-157) Staff recommends that City Council authorize the City Manager to execute a contract for the 2012 Structure Lining Contract (Bid 12-157) with National Power Rodding Corporation (2500 W. Arthington, Chicago, IL) in the amount of $79,324 for 50 brick manholes. Funding is provided by Sewer Fund, capital improvement account 7420.62461 which has a budget allocation of $215,000. For Action 99 of 631 DRAFT MINUTES September 10, 2012 6 (A3.4)Approval of Contract with G.A. Johnson & Son, LLC for the Evanston Water Utility Security Door Replacement (Bid 12-159) Staff recommends that City Council authorize the City Manager to execute a contract for the Evanston Water Utility Security Door Replacement contract (Bid 12-159) with G.A. Johnson & Son, LLC (828 Foster Street, Evanston, IL) in the amount of $94,880. Funding will be provided by the Water Fund Capital Improvement Plan (CIP) Account 733067.65515 with a budget of $50,000 allocated for security improvements. $44,880 additional funding is available in the Water Fund CIP Account 733097.65515 from projects that have been deferred. For Action (A3.5) Approval of Contract Extension with Connelly’s Academy Agreement for Martial Arts Instruction Staff recommends that the City Manager be authorized to extend the current agreement with Connelly’s Academy (9750 Karlov Avenue, Skokie, I L) for martial arts program services at the Levy Senior Center up to a total of $30,000. All expenses for the program are covered by participation fees (estimated to be $50,000). For Action (A3.6)Approval of the Single Source Purchase from Total Parking Solutions (TPS) of Four CALE Compact Pay and Display Parking Terminals Staff recommends that City Council authorize the City Manager to execute a contract for a single source purchase from Total Parking Solutions (TPS) (2721 Curtiss Street, Downers Grove, IL) of CALE Pay and Display Parking Terminals to be installed as a pilot project on four blocks of Church Street in the amount of $51,296. Funding is provided by the Parking Fund Account 701515.65515. For Action (A3.7)Approval of the Contract Award to A. Lamp Concrete Contractors for the Additional MFT Street Resurfacing Contract (Bid 12-167) Staff recommends the City Council authorize the City Manager to execute a contract in response to Bid 12-167 to award the additional MFT Streets Resurfacing Contract to A. Lamp Concrete Contractors (800 W. Irving Park Road, Schaumburg, IL) in the amount of $289,126.50. Funding is provided by the Motor Fuel Tax Fund #200, with a budgeted amount of $300,000. For Action (A3.8)Approval of Central Street Emergency Water Main Replacement Contract Award to Glenbrook Excavating & Contracting Inc. Staff recommends that City Council authorize the City Manager to execute an Emergency Contract Award to Glenbrook Excavating & Contracting Inc. (20389 Weiland Road, Prairie View, IL) in the amount of $1,565,915.85. This emergency contract will expand the scope of the 2012 Water Main and Street Resurfacing contract to include the emergency water main replacement and street resurfacing work on Central Street from Cowper Avenue to Central Park Avenue . Funding will be provided by the Water Fund Accounts (733086.65515) in the amount of $496,000 and (733097.65515) in the amount of $439,915.85, and the CIP Street 100 of 631 DRAFT MINUTES September 10, 2012 7 Resurfacing Accounts (415857.65515) in the amount of $630,000. For Action (A6)Approval of Contract Agreement with International Association of Firefighters Local 742 Staff recommends approval to authorize the City Manager to execute a collective bargaining agreement with the International Association of Firefighters (IAFF) Local 742 effective January 1, 2012 through December 31, 2013. City Council approval will ratify the tentative agreements executed throughout the negotiation process. For Action (A7)Approval of Contract Agreement with American Federation of State, County, and Municipal Employees Union Staff recommends approval to authorize the City Manager to execute a collective bargaining agreement with the American Federation of State, County, and Municipal Employees (AFSCME) Union effective January 1, 2012 through December 31, 2013. City Council approval will ratify the tentative agreements executed throughout the negotiation process. For Action (A8)Resolution 64-R-12 Authorizing an Intergovernmental Agreement with the Village of Wilmette to Grant an Easement on Isabella Street Staff recommends approval of Resolution 64-R-12 authorizing the City Manager to sign the intergovernmental agreement with the Village of Wilmette to grant easement for the relief sewer installation and resurfacing of Isabella Street from Highland Avenue to Ewing Avenue. Funding is provided by Capital Improvement Funds in an amount not to exceed $200,000 from the one-time General Fund transfer of $1,000,000 previously approved by City Council for additional street resurfacing. For Action (A9)Resolution 65-R-12 Authorizing the City Manager to Execute a Lease Agreement with Erie Family Health Center for Office Space in the Civic Center Staff recommends approval of Resolution 65-R-12 authorizing the City Manager to execute a lease agreement with Erie Family Health Center for office space in the ground level area of the Civic Center, 2100 Ridge Avenue, Evanston. For Action (A10)Ordinance 76-O-12; Amending the Evanston City Code Title 4, Chapter 6, Relating to the Plumbing Code Staff recommends City Council approval of Ordinance 76-O-12 amending the Evanston City Code, Title 4, Chapter 6 – Plumbing Code, relating to Subsoil Drain Pipe. The current plumbing code allows sump pumps to discharge to the storm or combined sewer systems. The proposed code modification would allow sump pumps to discharge to the appropriate sewer system only with the approval of the City Manager or his/her designee. For Introduction 101 of 631 DRAFT MINUTES September 10, 2012 8 The Compensation Committee recommends adoption of the following five Ordinances (A11 to A15) setting salary compensation for Evanston’s elected officials. (A14)Ordinance 90-O-12: Setting Compensation for the Township Assessor Ordinance 90-O-12 sets compensation for the Township Assessor with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. For Introduction (A15)Ordinance 91-O-12: Setting Compensation for the Township Supervisor Ordinance 87-O-12 sets compensation for the Township Supervisor with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. For Introduction The following four agenda items (A16 to A19) pertain to the implementation of Emerson Square, a component of the City’s $18.15 million Neighborhood Stabilization Program 2 (“NSP2”) grant, awarded by HUD. Resolution 63-R-12, Plat of Subdivision for 1600 Foster Street, follows as an action item (P3) on the Planning and Development Committee agenda. (A16)Ordinance 92-O-12; Authorizing the City Manager to Negotiate a Sale Contract for Lots 1 and 2, Real Property Located at 1600 Foster Street Staff recommends adoption of Ordinance 92-O-12 authorizing the City Manager to negotiate a real estate contract to sell Lots 1 and 2, described in Resolution 63-R-12 that subdivides the City-owned property at 1600 Foster Street, Evanston, Illinois 60201 (the “Property”). For Introduction (A17)Ordinance 93-O-12; Authorizing the Sale of Lots 1 and 2, Real Property Located at 1600 Foster Street Staff recommends adoption of Ordinance 93-O-12 authorizing the City Manager to execute a real estate contract to sell Lots 1 and 2, portions of the vacant property at 1600 Foster Street, Evanston, Illinois 60201 (the “Property”), to CB Land, LLC. For Introduction (A18)Ordinance 97-O-12; Authorizing the City Manager to Negotiate a Sale Contract for Lots 3, 4 and 5 and Outlots A and B, Real Property Located at 1600 Foster Avenue Staff recommends adoption of Ordinance 97-O-12 authorizing the City Manager to negotiate a real estate contract to sell Lots 3, 4 and 5 and Outlots A and B, identified in Resolution 63-R-12, which subdivides the City-owned property at 1600 Foster Avenue, Evanston, Illinois 60201 (the “Property”). For Introduction (A19)Ordinance 98-O-12; Authorizing the Sale Contract for Lots 3, 4 and 5, and Outlots A and B, Real Property Located at 1600 Foster Avenue Staff recommends adoption of Ordinance 98-O-12 authorizing the City Manager to execute a real estate contract to sell Lots 3,4 and 5, and Outlots A and B, portions of a 102 of 631 DRAFT MINUTES September 10, 2012 9 vacant property at 1600 Foster Avenue, Evanston, Illinois 60201 (the “Property”) to EMSQ Holding, LLC. For Introduction (A21)Ordinance 78-O-12 Authorizing the Sale of Surplus Property Staff recommends the City Council approve Ordinance 78-O-12 authorizing the sale of various vehicles and equipment owned by the City through public auction. The vehicles and equipment are either presently out of service or will be, and are assigned to various divisions/departments within the City of Evanston. This ordinance was introduced at the August 13, 2013 City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE (P2)Approval of Substantial Amendment to the 2012 Action Plan, HOME Program The Housing Commission and staff recommend approval of the Substantial Amendment to the City and HUD approved 2012 Action Plan that establishes a once per year deadline for HOME applications. For Action (P3)Resolution 63-R-12, Plat of Subdivision for 1600 Foster Street Staff and the Site Plan and Appearance Review Committee (SPAARC) recommend adoption of 63-R-12, which would approve the creation of seven lots from one, at 1600 Foster, which will implement the first phase of Emerson Square, the second component of the City’s $18.15 million Neighborhood Stabilization Program 2 (“NSP2”) grant, awarded by HUD. Ordinances authorizing the City Manager to negotiate and sell the property at 1600 Foster Street appear on the Administration & Public Works agenda, items A16 – A19. For Action (P5)Ordinance 96-O-12, Granting a Special Use Permit for a Planned Development Located at 1211 Chicago Avenue (Trader Joe’s), Plan Commission and City staff recommend the adoption of Ordinance 96-O-12, granting planned development approval for the proposed new Trader Joe’s at 1211 Chicago Avenue. For Introduction HUMAN SERVICES COMMITTEE (H1)Approval of Township of Evanston August 2012 Bills Township of Evanston Supervisor recommends the City Council to approve the Township of Evanston bills, payroll, and medical payments for the month of August 2012 in the amount of $107,532.22. For Action 103 of 631 DRAFT MINUTES September 10, 2012 10 (H2)Ordinance 28-O-12, Enacting a New Chapter 17 of Title 9 of the Evanston City Code, Prohibiting Unauthorized Operation of CB Radio Equipment Ald. Wilson recommends adoption of Ordinance 28-O-12, which would enact a new Chapter 17 of Title 9 of the City Code, prohibiting (1) the use of citizens band radio (“CB”) equipment that is not authorized by the Federal Communications Commission (“FCC”) and (2) the unlicensed operation of CB equipment on frequencies between 24 MHz and 35 MHz. This ordinance was introduced at the August 13, 2013 City Council meeting. For Action Alderman Rainey motioned for approval of the Consent Agenda, and it was seconded by Alderman Grover. A Roll Call vote was taken with the result of a 9-0 for approval. Items for discussion: (A4)Approval of Change Order # 1 to the Church Street Improvement Contract Central Street Streetscape, Lincolnwood Drive to Ewing Avenue Staff recommends that City Council authorize the City Manager to execute Change Order #1 to the contract for the Church Street Improvement Project (Bid 12-136) to Landmark Contractors, Inc. (11916 W. Main Street, Huntley, IL) in the amount of $276,443. This change order will include the streetscape work on Central Street from Lincolnwood Drive to Ewing Avenue on the south side. Funding for this work is provided by the Economic Development Fund (415924.65515) in the amount of $110,000 and CIP Fund (415857.65515) in the amount of $166,443. For Action Alderman Grover motioned for approval and 2nd by Alderman Rainey. A Roll Call vote was taken and it was an 8-1 vote (Alderman Holmes voted nay), and the motioned was approved. (A5)Approval of January 1, 2012 Police and Firefighter Pension Actuarial Report Staff recommends that City Council review and approve the January 1, 2012 Actuarial Valuation for usage in the 2012 Tax Levy for Police and Firefighter funding purposes. The recommended Annual Actuarial Required Contribution (ARC) as determined by this study is $6,126,383 for the Firefighters’ Pension Fund, and $8,109,454 for the Police Pension Fund. For Action Alderman Grover motioned for approval and 2 nd by Alderman Rainey. Alderman Wilson had concerns and needed clarification. Alderman Rainey and Mayor Tisdahl attempted to clarify the recommendation. City Manager then added to the clarification of why the acceptance of the recommendation is necessary. A Voice vote was taken and it was unanimous. (A11)Ordinance 87-O-12: Setting Compensation for Members of the Evanston City Council Ordinance 87-O-12 sets compensation for members of the Evanston City Council with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. For Introduction Alderman Grover motioned for approval and 2nd by Alderman Rainey. A Roll Call vote was taken and the result was 7-2 (Aldermen Wilson and Tendam voted nay), and the motion passed. 104 of 631 DRAFT MINUTES September 10, 2012 11 (A12)Ordinance 88-O-12: Setting Compensation for the Evanston City Clerk Ordinance 88-O-12 sets compensation for the Evanston City Clerk with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. For Introduction Alderman Grover motioned for approval and 2nd by Alderman Rainey. City Greene stated, due to the present economy he did not want to accept the new ordinance. After some discussion the Clerk placed the motion back on the agenda. A Roll Call was taken and the result was 9-0. (A13)Ordinance 89-O-12: Setting Compensation for the Mayor Ordinance 89-O-12 sets compensation for the Mayor of Evanston with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. For Introduction Alderman Grover motioned for approval and 2nd by Alderman Rainey. A Roll Call vote was taken with the result of 9-0 and the motion passed. (A20)Ordinance 58-O-12: Regarding Designation of Chicago/Main Tax Increment Financing District Staff recommends adoption of Ordinance 58-O-12, “Designating, Proposing Approval of a Redevelopment Plan and Project, Adopting Tax Increment Allocation Financing, Convening a Joint Review Board, and Calling a Public Hearing Regarding the Proposed Chicago/Main Redevelopment Area.” Adoption of this ordinance will initiate the public hearing process for the designation of the Chicago/Main Tax Increment Financing (TIF) District. This ordinance was introduced at the August 13, 2013 City Council meeting. For Action Alderman Grover motioned for approval and 2nd by Alderman Rainey. Alderman Wilson stated he did not believe it is worthy of a TIFF funding. Alderman Wynne stated her support of the TIFF because there is no money to develop the property. A Roll Call vote was taken resulting in 7-2 (Aldermen Wilson and Burrus voted nay), the motion passed. (P1)Resolution 67-R-12, Designating that Portion of Mulford Street West of Dodge Avenue in James Park with the Honorary Street Name Sign, “Lionel & Irma Carter Drive” Staff recommends adoption of Resolution 67-R-12 designating a portion of Mulford Street west of Dodge Avenue in James Park, “Lionel & Irma Carter Drive.” For Action Alderman Fiske motioned for approval for the amendment to change the Resolution number from 67-R-12 to 100-O-12 and 2nd by Alderman Holmes. A unanimous voice vote was received. (P4)Ordinance 94-O-12, Amending the Special Use for a Convenience Store at 555 Howard Street in the B3 District Staff recommends approval of proposed Ordinance amending an existing Special Use for the convenience store located at 555 Howard Street to allow it to open at 6:00 a.m. instead of 7:00 a.m. and to remain open until 8:00 p.m. instead of 7:00 p.m. For Introduction 105 of 631 DRAFT MINUTES September 10, 2012 12 Alderman Fiske motioned for approval and 2nd by Alderman Rainey. A Roll Call vote was taken and the result was 9-0, and the motion passed. Call of the Wards: Ward 1, Alderman Fiske she thanked City staff attending her ward meeting last week. Ward 2, Alderman Braithwaite he thanked the council for their support during his families grief. He also thanked the community for coming out to the Council meeting Ward 3, Alderman Wynne she thanked the Council, staff for all the support in the efforts of redeveloping the Central Street area. She also mentioned the death of Albe Logenbach (90 years young). Ward 4, Alderman Wilson had no report. Ward 5, Alderman Holmes join with the Policemen and Firemen at Firemen’s Park for the 7:30 am 911 service. Ward 6, Alderman Tendam reminded residents to lock their cars and garages due to the many break-ins, and he wished the Jewish community a happy new year. Ward 7, Alderman Grover thanked the Peaceable Cities walk on yesterday. She also mentioned the book written by Rabbi Rosen. She also mentioned her October 11th ward meeting at the Ecology Center 7:00 pm. Ward 8, Alderman Rainey reminded all of the celebration of the Levy Center at 1:00 pm this Saturday. Ward 9, Alderman Burrus had no report. Mayor Tisdahl asked for a motion for adjournment and Alderman Holmes said so moved and it was seconded with a unanimous voice vote the meeting ended at 10:15 pm. Submitted by, Hon. Rodney Greene, City Clerk 106 of 631 Page 1 of 3 Rev. 9/20/2012 4:36:49 PM ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, September 24, 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 September 10, 2012 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 09/09/12 $2,538,746.09 (A2) City of Evanston Bills FY2012 09/25/12 $3,823,091.11 (A3.1) Approval of Agreement with CTL Group for Inspection of 1934 Reservoir and 1948 Settling Basins at the Water Treatment Plant (RFP 12-158) Staff recommends that City Council authorize the City Manager to execute an agreement for professional services for inspection of the 1934 Reservoir and 1948 Settling Basins at the Evanston Water Treatment Facility (RFP 12-158) to CTL Group (5400 Old Orchard Road, Skokie, IL) in the not-to-exceed amount of $89,000. Funding is provided by the Water Fund General Support Account 7100.62180, which has a FY 2012 budget allocation of $75,000, with additional funding of $14,000 from the Water Fund CIP Account 733097.65515 due to deferral of other projects. For Action (A3.2) Approval Engineering Services Agreement with Baxter & Woodman, Inc. for Water Treatment Plant Master Flow Meter and Chemical Feed Improvements (RFP 12-151) Staff recommends City Council authorize the City Manager to execute an agreement for engineering services for the water treatment plant master flow meter and chemical feed improvements project (RFP 12-151) with Baxter & Woodman, Inc. (39 S. LaSalle Street, Suite 816, Chicago, IL) in the not-to- exceed amount of $95,900. Funding is provided by the Water Fund, Capital Improvement Account 733074.62140 which has a FY 2012 budget allocation of $50,000 and a proposed FY 2013 allocation of $50,000 for engineering services. For Action 107 of 631 Page 2 of 3 Rev. 9/20/2012 4:36:49 PM (A4) Resolution 67-R-12 Authorizing the City Manager to Sign Notifications of Grant Awards to Fund a Senior Meal Congregate Program Staff recommends City Council approval of Resolution 67-R-12 authorizing the City Manager to sign notification of grant awards to help fund and operate a congregate senior meal program at the Levy Senior Center and Fleetwood- Jourdain Community Center. For Action (A4.1) Approval of Contract Renewal with Catholic Charities Lunch-n-More for Senior Meal Food Programs Staff recommends City Council authorize the City Manager to renew the contract with Catholic Charities Lunch-n-More (6212 S. Sangamon, Chicago, IL) to provide a senior meal congregate program at the Levy Senior Center and Fleetwood-Jourdain Community Center from October 1, 2012 through September 30, 2013 in the not-to-exceed amount of $4.27 per lunch meal. Total meal program contract value is projected at $43,456. Funding is provided by General Fund Accounts within the Fleetwood-Jourdain and Levy Center business units. For Action (A5) Resolution 68-R-12 Assignment of a Sublease of Real Property at Green Bay Road and Central Street by Top of the Tracks, Inc. Coffee Shop to SEG Café LLC Recommend the City Council’s approval of Resolution 68-R-12 authorizing the City Manager to sign the assignment of the sublease agreement by Top of the Tracks to SEG Café LLC. For Action (A6) Ordinance 99-O-12, Relating to Bicycle Use in Alleys Staff recommends consideration of Ordinance 99-O-12 which amends portions of Title 10 Chapter 9, and Section 10-1-3 of the Evanston City Code of 2012 (“City Code”), as amended, relating to bicycles and the use of bicycles within the City. For Introduction (A7) Ordinance 100-O-12, Decreasing the number of Class C Liquor Licenses Due to Closure of Hota Restaurant , 2545 Prairie Avenue Staff recommends adoption of Ordinance 100-O-12, which amends Subsection 3- 5-6-(C) of the Evanston City Code of 1979 (“City Code”), as amended, to decrease the number of Class C liquor licenses from 29 to 28 due to the closure of Hota Restaurant, 2545 Prairie Avenue . For Introduction (A8) Ordinance 101-O-12, Increasing the number of Class N Liquor Licenses for Issuance to Whole Foods, 1111 Chicago Ave. Staff recommends adoption of Ordinance 101-O-12 which amends Subsection 3- 5-6-(N) of the Evanston City Code of 1979 (“City Code”), as amended, to increase the number of Class N liquor licenses from six to seven to permit issuance to Whole Foods Market, 1111 Chicago Avenue . For Introduction 108 of 631 Page 3 of 3 Rev. 9/20/2012 4:36:49 PM (A9) Ordinance 102-O-12, Decreasing the Number of Class O Liquor Licenses for Class N Issuance to Whole Foods, 1111 Chicago Ave. Staff recommends adoption of Ordinance 102-O-12 which amends Subsection 3- 5-6-(O) of the Evanston City Code of 1979 (“City Code”), as amended, to decrease the number of Class O liquor licenses from three to two . For Introduction (A10) Ordinance 103-O-12, Increasing the Number of Class O Liquor Licenses for Issuance to Trader Joe’s , 1211 Chicago Avenue Staff recommends adoption of Ordinance 103-O-12 which amends Subsection 3- 5-6-(O) of the Evanston City Code of 1979 (“City Code”), as amended, to increase the number of Class O liquor licenses from two to three, permitting issuance to Trader Joe’s East, Inc., d/b/a, Trader Joe’s, 1211 Chicago Avenue. For Introduction (A11) Ordinance 104-O-12, Creating O-1 Liquor License Classification and Permitting Issuance to Jayharipath, Inc., d/b/a 7-Eleven (817 Emerson) Staff recommends adoption of Ordinance 104-O-12 which amends Title 3 Chapter 5 Section 6 of the Evanston City Code of 1979 (“City Code”), as amended, to create the O-1 liquor license classification. Adoption of the ordinance will create a liquor license class applicable to grocery stores and combination stores with less than 12,000 square feet of production, preparation, and display area. For Introduction (A12) Ordinance 105-O-12, Increasing the Number of Class T Liquor Licenses Permitting Issuance to Smylie Bros. Restaurant and Brewery, 1615 Oak Ave. Staff recommends adoption of Ordinance 105-O-12 which amends Subsection 3- 5-6-(T) of the Evanston City Code of 1979 (“City Code”), as amended, to increase the number of Class T liquor licenses from zero to one to permit issuance to Smylie Bros. Restaurant and Brewery, 1615 Oak Ave. For Introduction IV. ITEMS FOR DISCUSSION (APW1)Proposed Ordinance 76-O-12 Amending the Evanston City Code Title 4, Chapter 6, Relating to the Plumbing Code Staff recommends Committee consider of Ordinance 76-O-12 amending the Evanston City Code, Title 4, Chapter 6 – Plumbing Code, Section 3, paragraph (S) relating to Subsoil Drain Pipe and provide direction. For Discussion V. COMMUNICATIONS VI. ADJOURNMENT 109 of 631 Page 1 of 9 Administration and Public Works . MEETING MINUTES Administration & Public Works Monday, September 10, 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: Wally Bobkiewicz, Godwin Chen, Cheryl Chukwu, Rajeev Dahal, Hitesh Desai, Brandon Dieter, Robert Dorneker, Chief Eddington, Grant Farrar, Doug Gaynor, Louis Gergits, Stephen Griffin, Jewell Jackson, Lonnie Jeschke, Chief Klaiber, Karen Danczak Lyons, Martin Lyons, Dennis Marino, Joe McRae, Sat Nagar, Suzette Robinson, Dave Stoneback, Matt Swentkofske, Rickey Voss, Paul Zalmezak Others Present: David Brint, Brinshore Development Eric M. Poders, Morton Grove Resident Arthur Tepfer – Tepfer Consulting Group Presiding Member: Alderman Grover ______________________________________________________________________ I. DECLARATION OF A QUORUM: ALDERMAN GROVER, CHAIR With a quorum present, Chair Grover called the meeting to order at 5:47 p.m. II. APPROVAL OF MINUTES OF REGULAR MEETING OF August 13, 2012 A voice vote was taken and the minutes of August 13, 2012 were unanimously approved. Before continuing with the agenda, Chair Grover invited Eric M. Poders to address the Committee. Mr. Poders introduced himself as a resident from Morton Grove who has used the Evanston beaches for many years. He last addressed the committee on May 29 to draw attention to an incident at the beach. Though it was resolved that day, he requested a formal apology from the Mayor and has yet to receive one. He also asked for a response from the Council and never received one. A letter from Legal Counsel stated that they could not find records for the past three years showing that he had purchased beach tokens. He held up copies of the receipts for all to see. He stated that he had done a FOIA but the response was not what he had asked for. In closing he said, he wants a formal apology from the Mayor and a formal apology from Grant Farrar. III. ITEMS FOR CONSIDERATION 110 of 631 Page 2 of 9 Administration and Public Works (A1) City of Evanston Payroll through 08/12/12 $2,759,689.16 City of Evanston Payroll through 08/26/12 $2,688,033.29 A voice vote was taken and the Payrolls through 08/12/12 and through 08/26/12 were unanimously approved. (A2) City of Evanston Bills FY2012 through 09/11/12 $5,446,750.40 City of Evanston Credit Card Activity through 07/31/12 $ 139,368.03 A voice vote was taken and the Bills List through 09/11/12 and the Credit Card Activity through 07/31/122 were unanimously approved. (A3.1) Approval of Sole Source Purchase of Tallmadge Street Light Poles from Graybar Electric Staff recommends City Council approval for the purchase of ten (10) Union Metal Tallmadge street light poles from Graybar Electric (900 Regency Drive, Glendale Heights, IL) in the amount of $27,352.90. Funding is provided by the General Fund, Traffic Signals and Street Light Maintenance Account 2640.65070, which has $40,000 budgeted for Fiscal Year 2012. Ald. Rainey said she understood that Union Metal was a sole source but she asked if Graybar Electric was also a sole source. Rajeev Dahal (Traffic Engineer) said that Graybar was the only distributor for Union Metal. A voice vote was taken and A3.1 was unanimously approved. (A3.2) Approval of Contract for Large Diameter Sewer Rehabilitation Phase 1 with Insituform Technologies USA, LLC (Bid 12-152) Staff recommends that City Council authorize the City Manager to award a contract in the amount of $2,989,228 to Insituform Technologies USA, LLC (17988 Edison Avenue, Chesterfield, MO) for the Large Diameter Sewer Rehabilitation Phase 1 (Bid 12-152), contingent upon receiving the appropriate loan funding from the Illinois Environmental Protection Agency (IEPA). With this funding, all eligible construction costs would be funded by a loan repaid over 20 years at approximately 2.5% interest. A voice vote was taken and A3.2 was unanimously approved. (A3.3) Approval of 2012 Structure Lining Contract for 50 Brick Sewer Manholes with National Power Rodding Corporation (Bid 12-157) Staff recommends that City Council authorize the City Manager to execute a contract for the 2012 Structure Lining Contract (Bid 12-157) with National Power Rodding Corporation (2500 W. Arthington, Chicago, IL) in the amount of $79,324 for 50 brick manholes. Funding is provided by Sewer Fund, capital improvement account 7420.62461 which has a budget allocation of $215,000. A voice vote was taken and A3.3 was unanimously approved. (A3.4) Approval of Contract with G.A. Johnson & Son, LLC for the Evanston Water Utility Security Door Replacement (Bid 12-159) Staff recommends that City Council authorize the City Manager to execute a contract for the Evanston Water Utility Security Door Replacement contract (Bid 12-159) with G.A. Johnson & Son, LLC (828 Foster Street, Evanston, IL) in the amount of $94,880. Funding will be provided by the Water Fund Capital Improvement Plan (CIP) Account 733067.65515 with a 111 of 631 Page 3 of 9 Administration and Public Works budget of $50,000 allocated for security improvements. $44,880 additional funding is available in the Water Fund CIP Account 733097.65515 from projects that have been deferred. A voice vote was taken and A3.4 was unanimously approved. (A3.5) Approval of Contract Extension with Connelly’s Academy Agreement for Martial Arts Instruction Staff recommends that the City Manager be authorized to extend the current agreement with Connelly’s Academy (9750 Karlov Avenue, Skokie, IL) for martial arts program services at the Levy Senior Center up to a total of $30,000. All expenses for the program are covered by participation fees (estimated to be $50,000). A voice vote was taken and A3.5 was unanimously approved. (A3.6) Approval of the Single Source Purchase from Total Parking Solutions (TPS) of Four CALE Compact Pay and Display Parking Terminals Staff recommends that City Council authorize the City Manager to execute a contract for a single source purchase from Total Parking Solutions (TPS) (2721 Curtiss Street, Downers Grove, IL) of CALE Pay and Display Parking Terminals to be installed as a pilot project on four blocks of Church Street in the amount of $51,296. Funding is provided by the Parking Fund Account 701515.65515. Ald. Rainey said that she liked these machines. However, she pointed out, they are not good for people with small children or in bad weather. There can be a lot of walking back and forth. She urged that there be a shorter distance between terminals. Martin Lyons (Assistant City Manager/Treasurer) thanked her for her comments. All comments, he said, are being collected and will be taken into account at subsequent meetings reviewing all styles of meters. Ald. Rainey asked if parking meters that accept credit cards had been looked into and Rickey Voss (Revenue/Parking Manager) said that a bid should be out in two weeks. M. Lyons said that they have had a good review by users and for maintenance. A voice vote was taken and A3.6 was unanimously approved. (A3.7) Approval of the Contract Award to A. Lamp Concrete Contractors for the Additional MFT Street Resurfacing Contract (Bid 12-167) Staff recommends the City Council authorize the City Manager to execute a contract in response to Bid 12-167 to award the additional MFT Streets Resurfacing Contract to A. Lamp Concrete Contractors (800 W. Irving Park Road, Schaumburg, IL) in the amount of $289,126.50. Funding is provided by the Motor Fuel Tax Fund #200, with a budgeted amount of $300,000. A voice vote was taken and A3.7 was unanimously approved. (A3.8) Approval of Central Street Emergency Water Main Replacement Contract Award to Glenbrook Excavating & Contracting Inc. Staff recommends that City Council authorize the City Manager to execute an Emergency Contract Award to Glenbrook Excavating & Contracting Inc. (20389 Weiland Road, Prairie View, IL) in the amount of $1,565,915.85. This emergency contract will expand the scope of the 2012 Water Main and Street Resurfacing contract to include the emergency water main replacement and street resurfacing work on Central Street from Cowper Avenue to Central Park Avenue. Funding will be provided by the Water 112 of 631 Page 4 of 9 Administration and Public Works Fund Accounts (733086.65515) in the amount of $496,000 and (733097.65515) in the amount of $439,915.85, and the CIP Street Resurfacing Accounts (415857.65515) in the amount of $630,000. A voice vote was taken and A3.8 was unanimously approved. (A4) Approval of Change Order # 1 to the Church Street Improvement Contract Central Street Streetscape, Lincolnwood Drive to Ewing Avenue Staff recommends that City Council authorize the City Manager to execute Change Order #1 to the contract for the Church Street Improvement Project (Bid 12-136) to Landmark Contractors, Inc. (11916 W. Main Street, Huntley, IL) in the amount of $276,443. This change order will include the streetscape work on Central Street from Lincolnwood Drive to Ewing Avenue on the south side. Funding for this work is provided by the Economic Development Fund (415924.65515) in the amount of $110,000 and CIP Fund (415857.65515) in the amount of $166,443. Ald. Rainey asked to be reminded if a streetscape is usually funded by Economic Development. Suzette Robinson (Director Public Works) said that this is one of the very first projects to be so funded in lieu of façade improvement. There is some street improvement but ninety percent is streetscape. Ald. Rainey asked if the Economic Development Committee voted on this and S. Robinson replied that it was part of the budget. M. Lyons said this item did not go to committee. It went to Council in July as a budget amendment. Ald. Rainey asked what was the area involved and S. Robinson said it was two blocks long. Wally Bobkiewicz (City Manager) pointed out that Council has changed funding sources before and can do so now. Ald. Rainey stated that she wanted this project to go through but, she said the funds should come from Capital Improvement. Chair Grover asked if that was an amendment to this item. Ald. Holmes asked how the City got here. She wanted more information. Ald. Burrus said that in the future, items like this should go to the Economic Development Committee. Ald. Rainey said that she wanted an amendment tonight putting all costs against the Capital Improvement Fund. She thinks what went before will be interesting to learn later. Ald. Grover reiterated the item A4 would read as amended; Approval of Change Order #1 to the Church Street Improvement Contract Central Street Streetscape, Lincolnwood Drive to Ewing Avenue to be completely Funded by the Capital Improvement Fund. A voice vote was taken and A4 was approved as amended, 4 – 1, Ald. Holmes voting no. Ald. Holmes explained her “no” vote as she wants more information on Director Robinson’s comment of using Economic Developments funds for streetscape like it is used for façade improvements. (A5) Approval of January 1, 2012 Police and Firefighter Pension Actuarial Report Staff recommends that City Council review and approve the January 1, 2012 Actuarial Valuation for usage in the 2012 Tax Levy for Police and Firefighter funding purposes. The recommended Annual Actuarial Required Contribution (ARC) as determined by this study is $6,126,383 for the Firefighters’ Pension Fund and $8,109,454 for the Police Pension Fund. M. Lyons introduced Arthur Tepfer (Tepfer Consulting Group) the City’s Actuary who was hired by a joint committee of the City Treasurer and the two pension boards. Mr. Tepfer will go through a brief discussion of the actuarial report. M. Lyons also noted that earlier Ald. Wilson had asked what the rate of return was 113 of 631 Page 5 of 9 Administration and Public Works for the funds. It can be found on pages 170 and 205 of the packet. Ald. Burrus noted that the rate of return for the past three years is about 3.3% but that Mr. Tepfer is sticking with 7%. She asked that he address that in his remarks. Chair Grover complimented him on a very readable actuarial report. Thanking her, A.Tepfer said rather than the strong points which are manifested in the results, there are some things he is concerned about. Pension funds tend to waive and so where we are does too. We can determine the contribution but not control or determine the funding. Actuaries are governed by inertia. We look for trends before we change assumptions. One thing we look for is what is called the actuarial gain or analysis. We start with the unfunded liability in past year. If the actuarial gain or lose is within three percent of your unfunded liability then you have done a pretty good job. Over three percent means something might be wrong. We were less than one percent in difference last year. This year was good. Seven percent is a reasonable assumption from where we now sit . I am concerned he said with police paying 8.7 million a year and fire paying 6.8 million a year. For investment returns to cover those amounts it needs to be eleven or twelve percent which we will not get. The statistics are also changing. Twenty percent of the Policemen and twenty-seven percent of the Firemen will be eligible to retire in two years. That is a signal that we shall see an increase in outgoing funds without a corresponding increase in revenue. Ald. Rainey noted that it is interesting that currently the number of active participants in the pension funds compared to the number of recipients is 163 paying in and 179 receiving, a very close figure. M. Lyons said that part of the pension reform is to turn those figures around. A. Tepfer stated that a balance is there if contributions + investment returns = benefits. This is called recommended contributions as compared to statuary contributions. Three items are required to be at this level. One, building assets for uniformed personnel, secondly, coming up with a methodology of proper budgeting for the City so we do not have contributions that jump up and down and third, to pay for the pensions being received today and charge them to the current generation of tax payers and not passing them on to our grandchildren or great-grandchildren. The statuary minimum contribution uses a methodology called the projected unit method. It is an increasing method over the years by design. Ald. Rainey asked what the formula was for determining the contributions. A. Tepfer said it is 9.91% for Police and 9.435 for Fire. Ald. Rainey asked what that was based on. A. Tepfer said it was based on legislation. The statute only states the employee contribution. There is also union input. Ald. Rainey asked M. Lyons what percent of the total general levy is the 14M marked for police and fire pensions. M. Lyons said it is one-third of the total levy. In earlier discussions there was talk to get up to 50% of funding. A. Tepfer said he cannot do this. He can’t go for a target of 90% by 2040. Funding like that is only good if actuary assumptions are used by everyone. But each city and municipality, has different funds and different average ages, etc. It is up to the city to work to reach the three goals. Ald. Rainey moved that the committee accept the report and approve the actuary recommendation. A voice vote was taken and A5 was unanimously approved. (A6) Approval of Contract Agreement with International Association of Firefighters Local 742 Staff recommends approval to authorize the City Manager to execute a collective bargaining agreement with the International Association of Firefighters (IAFF) Local 742 effective January 1, 2012 through December 114 of 631 Page 6 of 9 Administration and Public Works 31, 2013. City Council approval will ratify the tentative agreements executed throughout the negotiation process. Ald. Rainey complimented the committee’s work. A voice vote was taken and A6 was unanimously approved. (A7) Approval of Contract Agreement with American Federation of State, County, and Municipal Employees Union Staff recommends approval to authorize the City Manager to execute a collective bargaining agreement with the American Federation of State, County, and Municipal Employees (AFSCME) Union effective January 1, 2012 through December 31, 2013. City Council approval will ratify the tentative agreements executed throughout the negotiation process. A voice vote was taken and A7 was unanimously approved. (A8) Resolution 64-R-12 Authorizing an Intergovernmental Agreement with the Village of Wilmette to Grant an Easement on Isabella Street Staff recommends approval of Resolution 64-R-12 authorizing the City Manager to sign the intergovernmental agreement with the Village of Wilmette to grant easement for the relief sewer installation and resurfacing of Isabella Street from Highland Avenue to Ewing Avenue. Funding is provided by Capital Improvement Funds in an amount not to exceed $200,000 from the one-time General Fund transfer of $1,000,000 previously approved by City Council for additional street resurfacing. Ald. Rainey thought this was a local agreement that benefits both communities. A voice vote was taken and A8 was unanimously approved. (A9) Resolution 65-R-12 Authorizing the City Manager to Execute a Lease Agreement with Erie Family Health Center for Office Space in the Civic Center Staff recommends approval of Resolution 65-R-12 authorizing the City Manager to execute a lease agreement with Erie Family Health Center for office space in the ground level area of the Civic Center, 2100 Ridge Avenue, Evanston. Ald. Rainey asked if this clinic is located elsewhere and she was told that yes, they already have a clientele. A voice vote was taken and A9 was unanimously approved. (A10) Ordinance 76-O-12; Amending the Evanston City Code Title 4, Chapter 6, Relating to the Plumbing Code Staff recommends City Council approval of Ordinance 76-O-12 amending the Evanston City Code, Title 4, Chapter 6 – Plumbing Code, relating to Subsoil Drain Pipe. The current plumbing code allows sump pumps to discharge to the storm or combined sewer systems. The proposed code modification would allow sump pumps to discharge to the appropriate sewer system only with the approval of the City Manager or his/her designee. A10 was removed from the agenda. 115 of 631 Page 7 of 9 Administration and Public Works The Compensation Committee recommends adoption of the following five Ordinances (A11 to A15) setting salary compensation for Evanston’s elected officials. (A11) Ordinance 87-O-12: Setting Compensation for Members of the Evanston City Council Ordinance 87-O-12 sets compensation for members of the Evanston City Council with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. Ald. Rainey stated that she thought the amount of the raise was cheesy. The Compensation Committee’s attempt to compare us to Lincolnwood is wrong. We, the members of the Council, work very hard. I am going to ask for a discussion with the Compensation Committee to explain what we do and what expenses we have. She asked if reimbursement was the same as compensation. Grant Farrar (Corporation Counsel/City Attorney) replied that reimbursement is not considered compensation. Illinois Municipal Code only talks to salary and health benefits as compensation. Ald. Rainey said it is a little different concerning health benefits. How many elect to take health benefits she asked. G. Farrar said he was trying to word the ordinance carefully as some Aldermen do not elect to use benefits. Ald. Holmes remembered the Compensation Committee saying they would like more time. Maybe she thought they did not have it and should start earlier the next time this item comes up so as to gather more information. Ald. Grover thanked the committee for all the time and work they put into this ordinance. Ald. Burrus asked what compensation for Chicago Aldermen was. We do not have a budget. We do not have staff. A comparison study to Chicago would be interesting. A voice vote was taken and A11 was unanimously approved. (A12) Ordinance 88-O-12: Setting Compensation for the Evanston City Clerk Ordinance 88-O-12 sets compensation for the Evanston City Clerk with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. A voice vote was taken and A12 was unanimously approved. (A13) Ordinance 89-O-12: Setting Compensation for the Mayor Ordinance 89-O-12 sets compensation for the Mayor of Evanston with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. A voice vote was taken and A13 was unanimously approved. (A14) Ordinance 90-O-12: Setting Compensation for the Township Assessor Ordinance 90-O-12 sets compensation for the Township Assessor with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. A voice vote was taken and A14 was unanimously approved. (A15) Ordinance 91-O-12: Setting Compensation for the Township Supervisor Ordinance 87-O-12 sets compensation for the Township Supervisor with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. 116 of 631 Page 8 of 9 Administration and Public Works Ald. Burrus noted that the Township Supervisor makes more than a City Council Alderman. She said that she is glad we are reviewing what is going on at the Township and how much time is put in compared to an alderman’s time. Ald. Rainey asked who in the Township is eligible for a pension. Ald. Holmes answered that the Supervisor is eligible under IMRF. M. Lyons said that he would find out if the Assessor is eligible. W. Bobkiewicz said that he would have an earlier memorandum addressing this question reproduced and sent to the Aldermen. A voice vote was taken and A15 was unanimously approved. The following four agenda items (A16 to A19) pertain to the implementation of Emerson Square, a component of the City’s $18.15 million Neighborhood Stabilization Program 2 (“NSP2”) grant, awarded by HUD. Resolution 63-R-12, Plat of Subdivision for 1600 Foster Street, follows as an action item (P3) on the Planning and Development Committee agenda. Ald. Rainey asked what the total cost of the project will be. David Brint of Brinshore Development was introduced by Dennis Marino (Assistant Director Community & Economic Development) D. Brint said that this phase of the project will be 13.8 million dollars. Two million will be NSP funds. The remaining funds are being leveraged from other sources. Ald. Rainey asked who the developer is. D. Brint said that it is a separate entity though it was created by Brinshore. (A16) Ordinance 92-O-12; Authorizing the City Manager to Negotiate a Sale Contract for Lots 1 and 2, Real Property Located at 1600 Foster Street Staff recommends adoption of Ordinance 92-O-12 authorizing the City Manager to negotiate a real estate contract to sell Lots 1 and 2, described in Resolution 63-R-12 that subdivides the City-owned property at 1600 Foster Street, Evanston, Illinois 60201 (the “Property”). A voice vote was taken and A16 was unanimously approved. (A17) Ordinance 93-O-12; Authorizing the Sale of Lots 1 and 2, Real Property Located at 1600 Foster Street Staff recommends adoption of Ordinance 93-O-12 authorizing the City Manager to execute a real estate contract to sell Lots 1 and 2, portions of the vacant property at 1600 Foster Street, Evanston, Illinois 60201 (the “Property”), to CB Land, LLC. A voice vote was taken and A17 was unanimously approved. (A18) Ordinance 97-O-12; Authorizing the City Manager to Negotiate a Sale Contract for Lots 3, 4 and 5 and Outlots A and B, Real Property Located at 1600 Foster Avenue Staff recommends adoption of Ordinance 97-O-12 authorizing the City Manager to negotiate a real estate contract to sell Lots 3, 4 and 5 and Outlots A and B, identified in Resolution 63-R-12, which subdivides the City-owned property at 1600 Foster Avenue, Evanston, Illinois 60201 (the “Property”). A voice vote was taken and A18 was unanimously approved. 117 of 631 Page 9 of 9 Administration and Public Works (A19) Ordinance 98-O-12; Authorizing the Sale Contract for Lots 3, 4 and 5, and Outlots A and B, Real Property Located at 1600 Foster Avenue Staff recommends adoption of Ordinance 98-O-12 authorizing the City Manager to execute a real estate contract to sell Lots 3,4 and 5, and Outlots A and B, portions of a vacant property at 1600 Foster Avenue, Evanston, Illinois 60201 (the “Property”) to EMSQ Holding, LLC. A voice vote was taken and A 19 was unanimously approved. IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Ald. Burrus moved and Ald. Braithwaite seconded that the meeting be adjourned. Chair Grover adjourned the meeting at 6.50 p.m. Respectfully Submitted, Phillip Baugher Administrative Assistant, Administrative Services 118 of 631 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Richard Perry, Accounts Payable Coordinator Subject: City of Evanston Payroll and Bills Date: September 20, 2012 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. Summary: Payroll – August 27, 2012 through September 9, 2012 $2,538,746.09 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – September 25, 2012 $3,823,091.11 General Fund Amount – Bills list $369,329.19 General Fund Amount – Supplemental list $ 255.05 General Fund Total: $369,584.24 Attachments: Bills Lists For City Council meeting of September 24, 2012 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 119 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING 00100 GENERAL ACCOUNT 100 GENERAL FUND ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 100.22725 VERIZON WIRELESS (25505)WIRELESS SERVICE 592.96 100.22771 QUARTET COPIES EPFF BROCHURE 180.00 100.22777 ILLINOIS DEPT OF REVENUE *SALES TAX AUGUST 2012 313.00 100.41340 DIRECTOR, ILLINOIS STATE POLIC SEIZED FUNDS 3,035.00 100.21680 CHICAGO TRANSIT AUTHORITY 901 *CHICAGO CARD PLUS 1,202.00 100.41340 DIRECTOR, ILLINOIS STATE POLIC SEIZED FUNDS 10,921.00 16,243.96 1300 CITY COUNCIL 1300.62360 NATIONAL LEAGUE OF CITIES 2013 MEMBERSHIP DUES 5,952.00 1300.62285 AARYNN/ALLYSSA TRUCKING COURIER SERVICE-COUNCIL 151.63 6,103.63 1400 CITY CLERK 1400.62360 MUNICIPAL CLERKS OF ILLINOIS MEMBERSHIPS 105.00 1400.65080 INTERNATIONAL CODE COUNCIL PUBLICATIONS IRC SOFT 1,333.80 1,438.80 1505 CITY MANAGER 1505.65125 EVANSTON IMPRINTABLES,INC.CLOTHING 533.80 1505.65010 ILLINOIS ISSUES SUBSCRIPTION 39.95 1505.68205 INFORMATION STATION SPECIALIST INCREASE EMERGENCY RADIO 400.00 1505.68205 INFORMATION STATION SPECIALIST EMERGENCY RADIO STATION 3,715.00 1505.62295 MORRISON ASSOC LTD PROFESSIONAL DEVELOPMENT FEES 900.00 5,588.75 1510 PUBLIC INFORMATION 1510.62210 QUARTET COPIES LET'S MOVE FLYERS 170.00 170.00 1705 LEGAL ADMINISTRATION 1705.65095 OFFICE DEPOT OFFICE SUPPLY RETURNS 12.48- 1705.52570 LITOVSKY, LARISA COMPLAINCE TKT REFUND 50.00 1705.52570 JUE, GREGORY COMPLAINCE TKT REFUND 35.00 1705.65095 OFFICE DEPOT OFFICE SUPPLIES 85.75 1705.62345 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 71.17 1705.62345 FEDERAL EXPRESS CORP.SHIPPING 13.55 1705.52570 RANJBAR, SHAYAN COMPLAINCE TKT REFUND 125.00 367.99 1905 ADM.SERVICES- GENERAL SUPPORT 1905.62185 ACCOUNTEMPS COLLECTION COORDINATOR 1,200.00 1905.65095 OFFICE DEPOT OFFICE SUPPLIES ADMIN GEN 33.24 1905.62185 ACCOUNTEMPS COLLECTION COORDINATOR 1,200.00 1905.62185 ACCOUNTEMPS COLLECTION COORDINATOR 1,200.00 3,633.24 1910 FINANCE DIVISION - REVENUE 1910.62449 DUNCAN PARKING TECHNOLOGIES, I CITATION MNG. FEES JULY 31,402.26 1910.51570 EVANSTON/SKOKIE SCHOOL DISTRIC MUNICIPAL TAX REFUND 7/11-6/12 3,038.33 1910.62205 PIONEER PRESS AD 30.40 *Advanced Payment 1120 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 1910.51620 GOLDTREE REALTY (JULIAN TAYLOR RETT-PROPERTY DID NOT CLOSE 1,400.00 1910.51565 EVANSTON/SKOKIE SCHOOL DISTRIC MUNICIPAL TAX REFUND 7/11-6/12 25,873.34 1910.62431 GARDA CL GREAT LAKES, INC.MONTHLY INVOICE-SEPT 2012 2,205.61 1910.62431 GARDA CL GREAT LAKES, INC.LIBRARY CHARGE-MAY 2012 50.80 1910.62449 DUNCAN PARKING TECHNOLOGIES, I CITATION MNG. FEES AUGUST 30,641.16 1910.51625 EVANSTON/SKOKIE SCHOOL DISTRIC MUNICIPAL TAX REFUND 7/11-6/12 1,468.45 96,110.35 1920 FINANCE DIVISION - ACCOUNTING 1920.62280 FEDERAL EXPRESS CORP.SHIPPING 28.77 1920.62110 BAKER TILLY VIRCHOW KRAUSE, LL STATE ANNUAL FINANCIAL REPORT 1,700.00 1920.62205 PIONEER PRESS RFP 12-168 AD NOTICE INSURANCE 40.00 1,768.77 1929 HUMAN RESOURCE DIVISION 1929.62160 F.L. HUNTER & ASSOCIATES EMPLOYMENT-TESTING 240.00 1929.62295 IPELRA TRAINING AND TRAVEL 900.00 1929.62274 TRANS UNION CORP RECRUITMENT 98.34 1,238.34 1932 INFORMATION TECHNOLOGY DIVI. 1932.65555 SERVERSUPPLY HP 1840 TAPE DRIVE REPLACEMENT 2,580.00 1932.62380 US BANK COPIER LEASE AGREEMENT 1,641.52 1932.65615 ILLINOIS DEPARTMENT OF CENTRAL COMMUNICATION CHARGES 1,925.00 1932.62380 CHICAGO OFFICE TECHNOLOGY GROU COPIER MAINT. AGREEMENT 3,165.40 1932.65615 COMCAST CABLE COMMUNICATION CHARGES 43.79 1932.64505 AT & T COMMUNICATION CHARGES 2,581.51 1932.65095 OFFICE DEPOT OFFICE SUPPLIES IT 82.29 1932.65095 OFFICE DEPOT OFFICE SUPPLIES IT 42.98 1932.65555 DELL COMPUTER CORP.DELL XPS 13 1,054.61 1932.62250 INFORMATION STATION SPECIALIST EMERGENCY RADIO STATION 7,775.00 1932.62340 ORACLE AMERICA, INC. ORACLE DATABASE SUPPORT 408.46 21,300.56 1941 PARKING ENFORCEMENT & TICKETS 1941.52505 LEE, JOY REFUND-OVERPAYMENT TICKET 315.00 1941.52505 ATS PROCESSING SERVICES, LLC REFUND-DUPLICATE PAYMENT 10.00 1941.52505 HERTZ RENT A CAR REFUND-DUPL PAYMENT TICKET 35.00 1941.52505 BEHR, WHITNEY REFUND-DUPL TICKET PAYMENT 10.00 1941.64540 NEXTEL WIRELESS SERVICE-AUGUST 702.42 1941.64005 COMED MONTHLY INVOICE 109.34 1,181.76 2101 COMMUNITY DEVELOPMENT ADMIN 2101.64540 NEXTEL WIRELESS SERVICE-AUGUST 710.79 2101.65095 OFFICE DEPOT OFFICE SUPPLIES FY12 BU 2101 31.32 2101.62605 WILSON, LONNIE *PAINTING WORK-3RD FLOOR CIVIC 1,000.00 1,742.11 2105 PLANNING & ZONING 2105.62210 GRANACKI HISTORIC CONSULTANTS REPORT/PACKAGING FINAL 4,320.00 2105.62285 AARYNN/ALLYSSA TRUCKING COURIER SERVICE-ZBA PACKETS 40.82 2105.62285 AARYNN/ALLYSSA TRUCKING COURIER SERVICE-PACKETS 227.45 *Advanced Payment 2121 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2105.62205 PIONEER PRESS ZONING ADS FY2012 24.00 2105.62205 PIONEER PRESS ZONING ADS FY2012 31.20 4,643.47 2115 HOUSING CODE COMPLIANCE 2115.64540 NEXTEL WIRELESS SERVICE-AUGUST 320.32 2115.65095 OFFICE DEPOT OFFICE SUPPLIES 2012 BU 2115 108.88 429.20 2120 HOUSING REHABILITATION 2120.65095 OFFICE DEPOT OFFICE SUPPLIES 2012 BU 2120 14.60 2120.64540 NEXTEL WIRELESS SERVICE-AUGUST 103.94 118.54 2126 BUILDING INSPECTION SERVICES 2126.52120 706 MAIN STREET, LLC REIMB. PERMIT 197.00 2126.64540 NEXTEL WIRELESS SERVICE-AUGUST 106.15 2126.65095 OFFICE DEPOT OFFICE SUPPLIES 2012 BU 2126 2.69 305.84 2205 POLICE ADMINISTRATION 2205.62375 WEST GROUP PAYMENT CTR INFORMATION CHARGES 137.45 2205.62375 WEST GROUP PAYMENT CTR INFORMATION CHARGES 152.45 2205.62375 WEST GROUP PAYMENT CTR INFORMATION CHARGES 137.45 2205.62375 WEST GROUP PAYMENT CTR INFORMATION CHARGES 137.45 2205.62375 PIONEER PRESS SUBSCRIPTION 40.00 2205.65085 EVANSTON IMPRINTABLES,INC.POLICE JACKETS SCREEN PRINTING 698.12 2205.65125 EVANSTON FUNERAL & CREMATION AUGUST REMOVALS 590.00 2205.64005 COMED MONTHLY CHARGES 109.17 2,002.09 2210 PATROL OPERATIONS 2210.65020 J. G. UNIFORMS, INC SUMMER/WINTER BREECHES 349.50 349.50 2215 CRIMINAL INVESTIGATION 2215.65085 CRICKET DETAIL RECORDS/SUBPOENA 69.50 69.50 2230 JUVENILE BUREAU 2230.61112 ILLINOIS LIQUOR CONTROL COMMIS REIMB. LIQUOR ENFORCEMNT GRNT 20.00 20.00 2240 POLICE RECORDS 2240.65095 OFFICE DEPOT FY 2012 OFFICE SUPPLIES 57.06 2240.65095 OFFICE DEPOT FY 2012 OFFICE SUPPLIES 91.11 2240.65095 ILLINOIS PAPER COMPANY COPIER PAPER 1,344.00 1,492.17 2245 COMMUNICATIONS 2245.65020 O'HERRON CO INC. OF UNIFORMS 330.60 2245.64540 NEXTEL WIRELESS EQUIPMENT CHARGES 299.98 2245.64540 NEXTEL WIRELESS SERVICE-AUGUST 2,403.51 3,034.09 2250 SERVICE DESK *Advanced Payment 3122 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2250.65040 LEMOI HARDWARE APPLIANCE CORD 15.44 2250.65040 LEMOI HARDWARE "SQUEEGEE-OFF" CLEANER 5.45 2250.65040 LEMOI HARDWARE BAIT LIQUID ANT 7.26 2250.65040 LEMOI HARDWARE COARSE DRYWALL 4.54 2250.62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTIONS 176.00 2250.65040 LEMOI HARDWARE STEEL BRAD 1.81 2250.65040 LEMOI HARDWARE GORILLA TAPE/ELECTRICAL TAPE 15.48 2250.65040 LEMOI HARDWARE PAINT SUPPLIES 107.40 333.38 2251 311 CENTER 2251.64505 AT & T MOBILITY WIRELESS SERVICE 62.18 2251.64505 AT & T MOBILITY WIRELESS SERVICE 53.93 2251.64505 AT & T MOBILITY WIRELESS SERVICE 63.78 179.89 2255 OFFICE-PROFESSIONAL STANDARDS 2255.61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 77.70 77.70 2260 OFFICE OF ADMINISTRATION 2260.62295 NORTH EAST MULTI-REGIONAL TRAI OFFICER RESOURCE SCHOOL 375.00 2260.62295 EVANSTON COMMUNITY FOUNDATION LEADERSHIP CLASS XXI 600.00 2260.62295 MUSCLE FITNESS THERAPY ANNUAL FITNESS/WELLNESS 4,200.00 5,175.00 2270 TRAFFIC BUREAU 2270.65085 SETCOM CORP.HELMET/MOTORCYCLE KITS 2,906.28 2270.65085 L3 COMMUNICATIONS IN CAR VIDEO REPAIRS 750.90 2270.65085 L3 COMMUNICATIONS IN CAR VIDEO REPAIRS 501.00 4,158.18 2280 ANIMAL CONTROL 2280.62225 ANDERSON PEST CONTROL PEST CONTROL 52.76 2280.65085 ALARM DETECTION SYSTEMS, INC. BURGLAR ALARM TAMPER SWITCH 7.44 2280.65025 PETSMART KITTY LITTER 46.09 2280.65025 PETSMART KITTY LITTER 37.79 2280.64015 NICOR 0632 MONTHLY CHARGES 154.42 2280.65025 HILLS PET NUTRITION PET FOOD 334.94 633.44 2285 PROBLEM SOLVING TEAM 2285.65085 PONY SHOP WATER BOTTLES 120.00 120.00 2305 FIRE MGT & SUPPORT 2305.62315 FEDERAL EXPRESS CORP.SHIPPING 75.50 2305.65125 INFORMATION STATION SPECIALIST EMERGENCY RADIO STATION 2,995.00 2305.64540 NEXTEL WIRELESS SERVICE-AUGUST 512.12 2305.65020 AIR ONE EQUIPMENT UNIFORMS 453.00 2305.64540 NEXTEL WIRELESS EQUIPMENT CHARGES 1,699.93 2305.65095 OFFICE DEPOT OFFICE SUPPLIES 247.28 2305.65050 EVANSTON FOREIGN FIRE 1/2 APPLIANCE COST 900.00 2305.62360 MABAS DIVISION III MABAS STATE DUES 525.00 *Advanced Payment 4123 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7,407.83 2310 FIRE PREVENTION 2310.62250 ZOLL DATA SYSTEMS SOFTWARE SUPPORT 550.00 2310.62210 NATIONAL FIRE PROTECTION ASSOC FPW MATERIALS 560.08 1,110.08 2315 FIRE SUPPRESSION 2315.65095 OFFICE DEPOT OFFICE SUPPLIES 8.59 2315.65015 PRAXAIR DISTIBUTION INC EMS OXYGEN 337.40 2315.62295 LYNCH, DANIEL J.REIMB. CLASSES 600.00 2315.62521 EMSAR CHICAGO/MILWAUKEE STRETCHER MAINT.961.64 2315.65085 CUTTERS EDGE CHAIN RETOOL 90.45 2315.65095 OFFICE DEPOT OFFICE SUPPLIES 33.64 2,031.72 2425 DENTAL SERVICES 2425.65075 DENTAL CITY DENTAL SUPPLIES 339.42 2425.65075 DENTAL CITY DENTAL SUPPLIES 41.29 2425.65075 ANDRONOVA, KSENIA REIMB. DENTIST-PORCELAIN CROWN 90.90 471.61 2435 FOOD AND ENVIRONMENTAL HEALTH 2435.65095 OFFICE DEPOT OFFICE SUPPLIES 93.61 2435.65075 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 27.00 2435.64540 NEXTEL WIRELESS SERVICE-AUGUST 144.35 2435.65075 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 81.00 345.96 2440 VITAL RECORDS 2440.53220 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES 1,436.00 1,436.00 2455 COMM.HEALTH PROG.ADMINSTRATION 2455.65095 OFFICE DEPOT OFFICE SUPPLIES 13.44 13.44 2605 DIRECTOR OF PUBLIC WORKS 2605.64540 NEXTEL WIRELESS SERVICE-AUGUST 57.46 57.46 2610 MUNICIPAL SERVICE CENTER 2610.65050 SUPREME SHEET METAL WORKS INC. SHEETMETAL "D" BUILDING 440.00 2610.65090 DEPENDABLE FIRE EQUIPMENT INC. ANNUAL FIRE EXTINGUISHER 108.00 2610.62225 SMITHEREEN PEST MANAGEMENT SER RODENT CONTROL 93.00 2610.65050 EVANSTON GLASS & MIRROR 3 THERMOPANES 966.00 1,607.00 2625 ENGINEERING 2625.65105 MASTER GRAPHICS TONER/PAPER 842.23 2625.62280 FEDERAL EXPRESS CORP.SHIPPING 68.60 2625.62235 MASTER GRAPHICS PRINTER MAINTENANCE 960.00 1,870.83 2640 TRAF. SIG. & ST. LIGHT. MAINT 2640.65070 ACTIVE TRANSPORTATION ALLIANCE TRAFFIC & PEDESTRIAN SAFETY 2,900.00 *Advanced Payment 5124 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2640.65070 ACTIVE TRANSPORTATION ALLIANCE CHANGE ORDER #1 TRAFFIC/PEDEST 580.00 2640.65070 GRAYBAR ELECTRIC 12 TALL MADGE STREET LIGHT BASE 18,666.72 22,146.72 2665 STREETS AND SANITATION ADMINIS 2665.64540 NEXTEL WIRELESS SERVICE-AUGUST 2,797.75 2,797.75 2670 STREET AND ALLEY MAINTENANCE 2670.65055 HEALY ASPHALT FY2012 HOT MIX ASPHALT 444.92 2670.65055 HEALY ASPHALT FY2012 HOT MIX ASPHALT 477.36 2670.65055 OZINGA CHICAGO RMC, INC.FY2012 CONCRETE PURCHASE 376.00 2670.65055 HEALY ASPHALT FY2012 HOT MIX ASPHALT 210.60 2670.65055 HEALY ASPHALT FY2012 HOT MIX ASPHALT 164.32 2670.65055 ILLINOIS BRICK CO.BRICK PURCHASE LAKE/DODGE 1,249.25 2670.62415 KLF TRUCKING DEBRIS HAULING 12,560.00 2670.62415 KLF TRUCKING DEBRIS HAULING 275.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2012 CONCRETE PURCHASE 1,704.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2012 CONCRETE PURCHASE 1,082.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2012 CONCRETE PURCHASE 569.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2012 CONCRETE PURCHASE 1,377.00 2670.65055 HEALY ASPHALT FY2012 HOT MIX ASPHALT 278.72 2670.65055 HEALY ASPHALT FY2012 HOT MIX ASPHALT 365.56 2670.65055 HEALY ASPHALT FY2012 HOT MIX ASPHALT 268.84 2670.65115 ARTS & LETTERS LTD.HONORARY STREET NAMES 307.00 2670.65055 HEALY ASPHALT FY2012 HOT MIX ASPHALT 768.56 22,478.13 3005 REC. MGMT. & GENERAL SUPPORT 3005.65010 COMCAST CABLE ADAPTOR BOX RENTAL REC CENTER 18.92 3005.64540 NEXTEL WIRELESS SERVICE-AUGUST 57.46 3005.62295 SHAPIRO, STEPHEN CANOE INSTRUCTN CERTIFICATION 1,370.12 1,446.50 3010 REC. BUS. & FISCAL MGMT 3010.62705 PLUG & PAY TECHNOLOGIES ONLINE MERCHANT FEES 15.00 15.00 3020 RECREATION GENERAL SUPPORT 3020.64540 NEXTEL WIRELESS SERVICE-AUGUST 57.46 57.46 3025 PARK UTILITIES 3025.64005 COMED MONTHLY CHARGES 268.59 3025.64005 COMED MONTHLY CHARGES 133.09 3025.64005 COMED MONTHLY CHARGES 32.39 3025.64005 COMED MONTHLY CHARGES 67.47 3025.64005 COMED MONTHLY CHARGES 41.42 3025.64005 COMED MONTHLY CHARGES 57.61 3025.64005 COMED MONTHLY CHARGES 878.08 3025.64005 COMED MONTHLY CHARGES 25.65 3025.64005 COMED MONTHLY CHARGES 295.62 3025.64005 COMED MONTHLY CHARGES 110.25 *Advanced Payment 6125 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3025.64015 NICOR 0632 MONTHLY CHARGES 23.93 3025.64015 NICOR 0632 MONTHLY CHARGES 23.93 3025.64015 NICOR 0632 MONTHLY CHARGES 30.21 3025.64005 COMED MONTHLY CHARGES 17.24 2,005.48 3035 CHANDLER COMMUNITY CENTER 3035.62507 POSITIVE CONNECTIONS, INC.SPORTS CAMP FT 7/12 108.75 3035.62507 POSITIVE CONNECTIONS, INC.SPORTS CAMP FIELD TRIP 7/12 108.75 3035.62507 POSITIVE CONNECTIONS, INC.SPORTS CAMP FIELD TRIP 7/13 119.63 3035.62507 POSITIVE CONNECTIONS, INC.SPORTS CAMP FIELD TRIP 7/11 119.63 3035.62507 POSITIVE CONNECTIONS, INC.PEEWEE SPORTS CAMP FT 7/6 119.63 3035.62507 POSITIVE CONNECTIONS, INC.PEEWEE SPORTS FIELDTRIP 7/5 130.50 3035.62507 SMG ULT. ADVTR CAMP FIELDTRIP 8/28 363.00 3035.62507 POSITIVE CONNECTIONS, INC.LEGO CAMP FIELD TRIP 7/5 250.13 3035.65040 LAPORT INC JANITORIAL SUPPLIES 255.61 3035.62507 POSITIVE CONNECTIONS, INC.SPORTS CAMP FIELD TRIP 7/3 141.38 3035.62507 POSITIVE CONNECTIONS, INC.SPORT CAMP FIELD TRIP 7/19 500.25 3035.62507 AMERICA'S ACTION TERRITORY ULT ADV CAMP FIELD TRIP 8/31 407.49 3035.62507 NICKEL CITY ULT ADV CAMP FIELD TRIP 8/30 252.00 3035.62507 ESKAPE ENTERTAINMENT ULT ADVNTR CAMP FT 8/30 301.35 3035.62507 POSITIVE CONNECTIONS, INC.SPORTS CAMP FIELD TRIP 7/17 108.75 3035.62507 POSITIVE CONNECTIONS, INC.SPORTS CAMP FIELD TRIP 7/17 108.75 3035.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 31.20 3035.62505 SPORTS ENDEAVORS, INC VOLLEYBALL PROGRAM 808.50 3035.62505 CHESS WIZARDS INC INSTRUCTION OF CHESS CAMPS 7,715.40 3035.62505 3 POINT ATHLETICS YOUTH BASKETBALL PROGRAM 408.75 3035.62505 3 POINT ATHLETICS YOUTH BASKETBALL PROGRAM 1,549.60 3035.64540 NEXTEL WIRELESS SERVICE-AUGUST 41.43 3035.62507 POSITIVE CONNECTIONS, INC.SPORT CAMP FIELD TRIP 7/3 141.38 14,091.86 3040 FLEETWOOD JOURDAIN COM CT 3040.64540 NEXTEL WIRELESS SERVICE-AUGUST 73.61 3040.65025 CATHOLIC CHARITIES OF CHICAGO CATERING SERVICE MEAL 172.30 3040.65025 CATHOLIC CHARITIES OF CHICAGO CATERING SERVICES MEAL 726.25 3040.65095 ILLINOIS PAPER COMPANY COPIER PAPER 83.50 3040.65110 WILL ENTERPRISES BASKETBALL TSHIRTS 66.63 3040.65095 OFFICE DEPOT OFFICE SUPPLIES 29.46 3040.65095 OFFICE DEPOT OFFICE SUPPLIES 55.57 3040.62511 MUSE OF FIRE THEATRE COMPANY COSTUMES/PROP/EQUIP J CEASAR 375.00 3040.62507 POSITIVE CONNECTIONS, INC.BLOOMING CAMPER FIELDTRIP 7/18 652.50 3040.62507 POSITIVE CONNECTIONS, INC.BLOOMING CAMPER FIELDTRIP 7/11 913.50 3040.65040 LAPORT INC JANITORIAL SUPPLIES 213.51 3,361.83 3045 FLEETWOOD/JOURDAIN THEATR 3045.62505 EVANSTON COMMUNITY MEDIA CENTE PRODUCTION INSTRCT THEATR CAMP 320.00 3045.62511 HENDERSON, COREY VIDEOGRAPHER FJT BLUES/GOSPEL 250.00 3045.62210 GENERATION COPY INC PERFORMANCE POSTERS 60.00 3045.62210 GENERATION COPY INC PERFORMANCE POSTERS 45.00 3045.62210 GENERATION COPY INC PERFORMANCE POSTERS 16.00 *Advanced Payment 7126 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3045.62511 GRAEFF, CHERYL GUEST ARTIST FJ SUMMER CAMP 150.00 3045.62511 CLUNIE, BASIL PHOTOG FJT SUMMER PROGRAMS 75.00 3045.62210 GENERATION COPY INC THEATER POSTERS/FLYERS 121.50 3045.62210 QUARTET COPIES THEATER POSTERS 69.12 3045.62511 SMITH, ANYA BLAKEMAN STG MANAGER FJT BLUES/GOSPEL 700.00 3045.62511 WHITEHAIR, SCOTT CAMP GUEST ARTIST YOUNG PEOPLE 50.00 1,856.62 3050 RECREATION OUTREACH PROGRAM 3050.65095 ILLINOIS PAPER COMPANY COPIER PAPER 107.50 3050.62511 MUSE OF FIRE THEATRE COMPANY COSTUMES/PROP/EQUIP J CEASAR 375.00 482.50 3055 LEVY CENTER SENIOR SERVICES 3055.65050 LAPORT INC JANITORIAL SUPPLY LEVY 2012 172.37 3055.65050 INSOLAR WINDOW TREATMENTS INC. ROLLER SHADE REPAIR 220.00 3055.62505 JANKIEWICZ, MALGORZATA BEADING CLASS INSTRUCTION 280.00 3055.65095 OFFICE DEPOT OFFICE SUPPLIES 2012 61.19 3055.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICE 44.94 3055.65110 DIRECT FITNESS SOLUTIONS FITNESS EQUIPMENT PARTS/LABOR 132.00 3055.65110 FITNESS CONNECTION FITNESS EQUIP PARTS 493.00 3055.62511 CLOWNING AROUND ENTERTAINMENT BDAY PARTY ENTERTAINMENT 234.00 3055.62505 ADBRIDON CORP.SENIOR SPANISH CLASS INSTRUCT 400.00 3055.62511 COMCAST CABLE LEVY CENTER FITNESS RM CABLE 76.79 3055.65110 CITY OF EVANSTON - PETTY CASH PETTY CASH REIMBURSEMENT 269.16 3055.56045 ILLINOIS DEPT OF REVENUE *SALES TAX AUGUST 2012 25.00 3055.65050 LAPORT INC JANITORIAL SUPPLY LEVY 2012 72.51 3055.65050 LAPORT INC JANITORIAL SUPPLY LEVY 2012 598.06 3055.65025 EDWARD DON & COMPANY DISHWASHER DETERGENT 165.54 3055.65025 EDWARD DON & COMPANY AUTOMATIC RINSE AID 69.39 3055.64540 NEXTEL WIRELESS SERVICE-AUGUST 27.12 3055.65110 DIRECT FITNESS SOLUTIONS FITNESS EQUIPMENT PARTS 632.26 3055.65025 CATHOLIC CHARITIES OF CHICAGO CATERING SERVICE MEAL 2,670.45 3055.62505 CONNELLY'S ACADEMY TAE KWON DO PROGRAM 2012 3,522.00 10,165.78 3080 BEACHES 3080.65045 RYDIN SIGN & DECAL ADDITIONAL 2012 BEACH TOKENS 1,582.71 3080.64540 NEXTEL WIRELESS SERVICE-AUGUST 77.83 1,660.54 3085 RECREATION FACILITY MAINT 3085.64540 NEXTEL WIRELESS SERVICE-AUGUST 59.36 59.36 3095 CROWN ICE RINK 3095.65080 COCA-COLA ENTERPRISES LAKESHOR VENDING RESALE 257.76 3095.64540 NEXTEL WIRELESS SERVICE-AUGUST 104.01 3095.62245 JORSON & CARLSON BLADE SHARPENING 35.49 3095.62495 ANDERSON PEST CONTOL PEST SERVICE 82.50 3095.62245 ILLINOIS OFFICE OF THE STATE F BOILER INSPECTION 200.00 679.76 *Advanced Payment 8127 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3100 SPORTS LEAGUES 3100.62508 FOLINO, PHILLIP ADULT SOFTBALL UMPIRE 102.00 3100.62508 ZIMMERMAN, JAY ADULT SOFTBALL UMPIRE 771.00 3100.62508 FRANKLIN, STEVE ADULT SOFTBALL UMPIRE 1,812.00 3100.62508 KAVONIUS-DONADO, PENNY ADULT SOFTBALL UMPIRE 612.00 3100.62508 HEALY, JOHN P.ADULT SOFTBALL UMPIRE 340.00 3,637.00 3110 TENNIS 3110.62205 EVANSTON ROUND TABLE LLC TENNIS PROGRAM ADVERTISEMENT 242.00 242.00 3130 SPECIAL RECREATION 3130.64540 NEXTEL WIRELESS SERVICE-AUGUST 62.15 62.15 3140 BUS PROGRAM 3140.64540 NEXTEL WIRELESS SERVICE-AUGUST 27.12 27.12 3150 PARK SERVICE UNIT 3150.64540 NEXTEL WIRELESS SERVICE-AUGUST 54.24 54.24 3155 GOLF 3155.62505 3 POINT ATHLETICS YOUTH GOLF INSTRUCTION 1,073.80 3155.62505 3 POINT ATHLETICS YOUTH GOLF INSTRUCTION 2,419.95 3,493.75 3205 COMMUNITY RELATIONS 3205.62513 LEWIS, RODERICK COMMUNITY PICNIC ENTERTAINMENT 300.00 3205.62513 ADDISON STEEL INC.STEEL FRAME FOR FREEZER 77.00 3205.62490 SEEDLING REIMBURSE LINK FM 8/25-9/8 73.00 3205.62490 C AND D MEATS REIMBURSE LINK FM 8/4-9/1 101.00 3205.62490 DENNY'S ACRES REIMBURSE LINK FM 8/4-9/1 59.00 3205.62490 DONGVILLO FARM REIMBURSE LINK FM 8/25-9/8 92.00 3205.62490 GENEVA LAKES PRODUCE REIMBURSE LINK FM 8/25-9/1 61.00 3205.62490 LYON'S FARM REIMBURSE LINK FM 8/25-9/1 60.00 3205.62490 LAKE BREEZE ORGANICS REIMBURSE LINK FM 8/25-9/1 152.00 3205.62490 OLD TOWN OIL REIMBURSE LINK FM 9/1-9/8 60.00 3205.62490 RIVER VALLEY RANCH REIMBURSE LINK FM 9/1-9/8 117.00 3205.62490 KINNIKINNICK FARM REIMBURSE LINK FM 8/25-9/1 96.00 3205.62490 K.V. STOVER AND SON REIMBURSE LINK FM 8/25-9/8 299.00 3205.62490 TERESA'S FRUIT AND HERBS REIMBURSE LINK FM 8/25-9/8 118.00 3205.62490 HENRY'S FARM REIMBURSE LINK FM 8/25-9/8 405.00 3205.62490 ZELDENRUST FARM REIMBURSE LINK FM 8/25-9/8 181.00 3205.62490 GREAT HARVEST BREAD CO.REIMBURSE LINK FM 8/25-9/8 88.00 3205.62490 M AND D FARMS REIMBURSE LINK FM 8/25-9/1 57.00 3205.62490 ELKO'S PRODUCE AND GREENHOUSE REIMBURSE LINK FM 8/25-9/8 74.00 3205.62490 NICHOLS FARM & ORCHARD REIMBURSE LINK FM 8/25-9/8 252.00 3205.62490 FROSTY PRODUCTION REIMBURSE LINK FM 8/25-9/8 143.00 3205.62490 BRUNKOW CHEESE REIMBURSE LINK FM 8/25-9/1 55.00 3205.62490 NOFFKE FAMILY FARM REIMBURSE LINK FM 8/25-9/8 128.00 3205.62490 SMITS FARMS REIMBURSE LINK FM 8/25-9/8 36.00 *Advanced Payment 9128 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3205.62490 GAST, ED REIMBURSE LINK FM 9/8 142.00 3205.62490 BENNISONS BAKERIES REIMBURSE LINK FM 8/25-9/8 39.00 3205.62490 D & H FARMS REIMBURSE LINK FM 8/25-9/8 41.00 3205.62490 GREEN ACRES REIMBURSE LINK FM 9/8 167.00 3205.62513 SERENDIPITY BAND ENTERTAINMENT COMMUNITY PICNIC 250.00 3205.62490 FIRST, JON REIMBURSE LINK FM 8/25-9/8 156.00 3,879.00 3505 PARKS & FORESTRY GENERAL SUP 3505.64540 NEXTEL WIRELESS SERVICE-AUGUST 608.56 608.56 3510 HORTICULTURAL MAINTENANCE 3510.65085 KIMBALL MIDWEST WORK LIGHTS 84.68 3510.65070 KIMBALL MIDWEST SUPPLIES 207.69 3510.62195 INFORMATION STATION SPECIALIST EMERGENCY RADIO STATION 2,750.00 3510.62195 CHRISTY WEBBER & COMPANY 2012 LANDSCAPE MAINTENANCE 5,593.72 3510.62195 CHRISTY WEBBER & COMPANY 2012 LANDSCAPE MAINTENANCE 4,476.00 13,112.09 3530 PRIVATE ELM TREE INSURANCE 3530.62385 GLENWOOD TREE EXPERTS TREE REMOVALS 3,375.00 3,375.00 3535 DUTCH ELM INOCULATION PROGRAM 3535.62496 RAINBOW TREECARE ARBOTECT FUNGICIDE FOR ELM INJ 40,736.50 40,736.50 3605 ECOLOGY CENTER 3605.64005 COMED MONTHLY CHARGES 32.14 3605.65095 OFFICE DEPOT OFFICE SUPPLIES 2012 56.04 3605.64015 NICOR 0632 MONTHLY CHARGES 36.78 124.96 3610 ECO-QUEST DAY CAMP 3610.62507 POSITIVE CONNECTIONS, INC.ECOLOGY CAMP FIELD TRIP 7/3 163.13 3610.62507 POSITIVE CONNECTIONS, INC.ECOLOGY CAMP FIELD TRIP 7/13 184.88 3610.62507 POSITIVE CONNECTIONS, INC.ECOLOGY CAMP FIELD TRIP 7/17 130.50 3610.62507 POSITIVE CONNECTIONS, INC.ECOLOGY CAMP FIELD TRIP 7/19 271.88 3610.64540 NEXTEL WIRELESS SERVICE-AUGUST 14.16 3610.62507 POSITIVE CONNECTIONS, INC.ECOLOGY FIELD TRIP BUS 7/18 500.25 3610.62507 POSITIVE CONNECTIONS, INC.ECOLOGY CAMP FIELD TRIP 7/18 217.50 1,482.30 3710 NOYES CULTURAL ARTS CTR 3710.65040 LAPORT INC JANITORIAL SUPPY NOYES 2012 6.17 3710.65095 OFFICE DEPOT OFFICE SUPPLIES 2012 51.33 3710.65050 CHICAGO SPOTLIGHT SPOTLIGHT REPAIR 780.00 3710.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 35.58 3710.62425 LIFTOMATIC ELEVATOR, INC ELEVATOR MAINTENANCE 150.00 3710.65040 LAPORT INC JANITORIAL SUPPY NOYES 2012 56.29 3710.64540 NEXTEL WIRELESS SERVICE-AUGUST 75.37 1,154.74 3720 CULTURAL ARTS PROGRAMS *Advanced Payment 10129 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3720.62515 AMERICAN MOBILE STAGING STAGING ETHNIC ART FESTIVAL 6,560.00 3720.62511 EVANSTON COMMUNITY MEDIA CENTE MEDIA CLASSES ART CAMP 3,060.00 3720.62490 GOLDSMITH, BARBARA LKSH ART FEST JUROR/ART SELECT 75.00 3720.62515 SERVICE SANITATION INC TOLIETS HAND WASHING RENTAL 642.00 3720.62511 SOSA, ROGER LAF PERFORMER 500.00 3720.62511 OLLIN, NAHUI ETHNIC ARTS FEST ENTERTAINMENT 700.00 3720.62490 PATERSON, JOEL LKSHR ARTS FEST PERFORMANCE 500.00 3720.62509 BROWN, JANICE LKSHR ART FEST FACEPAINTING 375.00 3720.62205 CHICAGO TRIBUNE LAF ADS 119.78 3720.65095 OFFICE DEPOT OFFICE SUPPLIES 2012 98.39 3720.62205 EVANSTON ROUND TABLE LLC PROGRAM ADVERTISING 8/30 442.50 3720.62507 POSITIVE CONNECTIONS, INC.YAP CAMP FIELD TRIP 7/10 141.38 3720.62507 POSITIVE CONNECTIONS, INC.MEDIA CAMP FIELD TRIP 7/3 141.38 3720.62511 DEZOMA, WILLIAM VICTORIAN CAMP APPEARANCE 100.00 3720.62490 ST. MORITZ SECURITY SERVICES, SECURITY LKSHR ARTS FEST 643.00 14,098.43 3805 FACILITIES ADMINISTRATION 3805.64540 NEXTEL WIRELESS SERVICE-AUGUST 77.92 3805.62376 NICOR 0632 MONTHLY CHARGES 372.37 3805.62376 NICOR 0632 MONTHLY CHARGES 27.32 477.61 3806 CIVIC CENTER SERVICES 3806.64015 NICOR 0632 MONTHLY CHARGES-1,5,7,8/2012 403.99 3806.62225 SCHNEIDER ELECTRIC BUILDINGS A 2012 SERVICE AGREEMENT 1,932.00 3806.64540 NEXTEL WIRELESS SERVICE-AUGUST 107.64 2,443.63 3807 CONSTRUCTION AND REPAIRS 3807.64540 NEXTEL WIRELESS SERVICE-AUGUST 850.64 3807.65050 SUPREME SHEET METAL WORKS INC. SHEETMETAL NORTH BR. LIBRARY 72.00 922.64 244502 CHILDHOOD LEAD POISONING GRANT 244502.62190 VALUE REMODELING WINDOWS-221 RICHMOND 2,250.00 2,250.00 371,869.19 00185 LIBRARY FUND 4805 LIBRARY YOUTH SERVICES 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 83.55 4805.65641 MIDWEST TAPE JUV AV 77.55 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 306.09 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 401.09 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 30.49 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 87.56 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 54.04 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 223.48 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 10.19 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 68.88 *Advanced Payment 11130 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 4805.65641 MIDWEST TAPE JUV AV 159.70 4805.65641 MIDWEST TAPE JUV AV 108.70 4805.65641 MIDWEST TAPE JUV AV 83.13 4805.65630 BAKER & TAYLOR JUV PRINT 159.58 4805.65630 BAKER & TAYLOR JUV PRINT 331.23 4805.65641 BAKER & TAYLOR JUV/ADULT AV 64.89 4805.65641 BAKER & TAYLOR JUV AV 22.01 4805.65641 BAKER & TAYLOR ADULT/JUV AV 390.62 4805.65641 BAKER & TAYLOR JUV/ADULT AV 120.35 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 38.48 4805.65630 BAKER & TAYLOR JUV PRINT 968.49 4805.65630 BAKER & TAYLOR JUV PRINT 1,087.94 4805.65630 BAKER & TAYLOR JUV PRINT 246.32 4805.65630 BAKER & TAYLOR JUV PRINT 698.18 4805.65630 BAKER & TAYLOR JUV PRINT 592.20 4805.65630 BAKER & TAYLOR JUV PRINT 281.64 4805.65630 BAKER & TAYLOR JUV PRINT 841.83 4805.65630 BAKER & TAYLOR JUV PRINT 1,283.40 4805.65641 BAKER & TAYLOR JUV AV 4.39 4805.65641 BAKER & TAYLOR JUV AV 11.01 4805.65641 BAKER & TAYLOR ADULT AV/JUV AV 37.95 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 30.01 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 38.33 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 92.52 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 68.38 4805.65641 MIDWEST TAPE JUV AV 55.96 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 10.19 9,170.35 4806 LIBRARY ADULT SERVICES 4806.65641 MIDWEST TAPE ADULT AV 22.99 4806.65641 MIDWEST TAPE ADULT AV 122.36 4806.65641 MIDWEST TAPE ADULT AV 44.99 4806.65641 RANDOM HOUSE INC ADULT AV 105.00 4806.65641 RANDOM HOUSE INC ADULT AV 30.00 4806.65641 RECORDED BOOKS INC.ADULT AV 33.00 4806.65641 RECORDED BOOKS INC.ADULT AV 396.00 4806.65630 BAKER & TAYLOR ADULT PRINT 341.70 4806.65630 BAKER & TAYLOR ADULT PRINT 147.06 4806.65630 BAKER & TAYLOR ADULT PRINT 1,035.91 4806.65630 BAKER & TAYLOR ADULT PRINT 127.34 4806.65630 BAKER & TAYLOR ADULT PRINT 236.73 4806.65630 BAKER & TAYLOR ADULT PRINT 53.82 4806.65630 BAKER & TAYLOR ADULT PRINT 221.45 4806.65630 BAKER & TAYLOR ADULT PRINT 81.44 4806.65641 BAKER & TAYLOR ADULT AV 424.99 4806.65641 BAKER & TAYLOR ADULT AV 1,141.10 4806.65641 BAKER & TAYLOR ADULT AV 22.04 4806.65641 BAKER & TAYLOR JUV/ADULT AV 39.95 4806.65641 BAKER & TAYLOR ADULT AV 44.03 *Advanced Payment 12131 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 4806.65641 BAKER & TAYLOR ADULT AV 36.71 4806.65641 BAKER & TAYLOR ADULT AV 29.36 4806.65641 BAKER & TAYLOR ADULT AV 29.36 4806.65641 BAKER & TAYLOR ADULT AV 29.36 4806.65641 BAKER & TAYLOR ADULT AV 29.36 4806.65641 BAKER & TAYLOR ADULT AV 29.36 4806.65641 BAKER & TAYLOR ADULT AV 44.06 4806.65641 BAKER & TAYLOR ADULT/JUV AV 117.55 4806.65641 BAKER & TAYLOR JUV/ADULT AV 11.01 4806.65630 BAKER & TAYLOR ADULT PRINT 80.01 4806.65630 BAKER & TAYLOR ADULT PRINT 1,746.75 4806.65630 BAKER & TAYLOR ADULT PRINT 1,654.53 4806.65630 BAKER & TAYLOR ADULT PRINT 228.85 4806.65630 BAKER & TAYLOR ADULT PRINT 12.50 4806.65630 BAKER & TAYLOR ADULT PRINT 1,198.96 4806.65630 BAKER & TAYLOR ADULT PRINT 1,202.59 4806.65630 BAKER & TAYLOR ADULT PRINT 399.04 4806.65630 BAKER & TAYLOR ADULT PRINT 1,548.97 4806.65630 BAKER & TAYLOR ADULT PRINT 337.16 4806.65630 BAKER & TAYLOR ADULT PRINT 1,049.80 4806.65630 BAKER & TAYLOR ADULT PRINT 97.25 4806.65630 BAKER & TAYLOR ADULT PRINT 130.38 4806.65641 BAKER & TAYLOR ADULT AV/JUV AV 86.34 4806.65641 BAKER & TAYLOR ADULT AV 81.52 4806.65641 BAKER & TAYLOR ADULT AV 44.09 4806.65641 BAKER & TAYLOR ADULT AV 184.37 4806.65641 BAKER & TAYLOR ADULT AV 14.66 4806.65641 BAKER & TAYLOR ADULT AV 14.66 4806.65630 BARNES & NOBLE ADULT PRINT 27.96 4806.65630 BARNES & NOBLE ADULT PRINT 57.72 4806.65641 MIDWEST TAPE ADULT AV 29.99 4806.65641 RANDOM HOUSE INC ADULT AV 33.75 4806.65641 RANDOM HOUSE INC ADULT AV 41.25 4806.65641 RANDOM HOUSE INC ADULT AV 121.50 4806.62341 PROQUEST INFO & LEARNING CO INTERNET SOLUTIONS 10,930.00 26,382.63 4820 LIBRARY CIRCULATION 4820.52610 UNIQUE MANAGEMENT SERVICES COLLECTION CHARGES 250.60 250.60 4835 LIBRARY TECHNICAL SERVICES 4835.62340 TODAY'S BUSINESS SOLUTIONS, IN INTERNET SOLUTIONS PROVIDERS 890.00 4835.65100 MINITEX - CPP LIBRARY SUPPLIES 110.00 4835.62341 COOPERATIVE COMPUTER SERVICES INTERNET SOLUTION PROVIDERS 714.66 4835.65100 MINITEX - CPP DISCMATE DOUBLE DVD 100/CASE 850.00 4835.62341 COOPERATIVE COMPUTER SERVICES INTERNET SOLUTIONS 11,063.51 4835.65100 MINITEX - CPP ESTIMATED SHIPPING 75.00 4835.65100 MINITEX - CPP DISCMATE SINGLE DVD 100/CASE 735.00 4835.62341 COOPERATIVE COMPUTER SERVICES CREDIT MEMO 2,993.33- 11,444.84 *Advanced Payment 13132 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 4840 LIBRARY MAINTENANCE 4840.65040 LAPORT INC JANITORIAL SUPPLIES 592.80 4840.62225 SIMPLEX GRINNELL BUILDING MAINTENANCE SERVICES 544.74 4840.62225 CONQUEST PEST SOLUTIONS BUILDING MAINTENANCE SERVICES 115.00 4840.62225 CINTAS #769 MAT SERVICE 64.19 1,316.73 4845 LIBRARY ADMINISTRATION 4845.65095 TIGER DIRECT OFFICE SUPPLIES 128.46 4845.56140 ILLINOIS DEPT OF REVENUE *SALES TAX AUGUST 2012 1,291.00 4845.64540 NEXTEL WIRELESS SERVICE-AUGUST 27.12 4845.65095 OFFICE DEPOT OFFICE SUPPLIES 72.97 4845.65095 OFFICE DEPOT OFFICE SUPPLIES 183.34 4845.65095 OFFICE DEPOT OFFICE SUPPLIES 14.29 1,717.18 50,282.33 00205 EMERGENCY TELEPHONE SYSTEM 5150 EMERGENCY TELEPHONE SYSTM 5150.64505 AT & T COMMUNICATION CHARGES 6,403.65 5150.64505 AT & T 8100 COMMUNICATION CHARGES 475.28 5150.62509 MOTOROLA SOLUTIONS, INC.POLICE SERVICE AGREEMENT RENEW 19,272.69 5150.62509 IRON MOUNTAIN OSDP OFF-SITE DATA 321.34 5150.64540 VERIZON WIRELESS (25505)WIRELESS SERVICE 2,774.73 5150.64540 NEXTEL WIRELESS SERVICE-AUGUST 1,543.82 5150.65085 MOTOROLA SOLUTIONS, INC.COMMUNICATION CHARGES 1,463.92 5150.65085 RCM & ASSOCIATES WIRE PUSH TO TALK 59.00 32,314.43 32,314.43 00215 CDBG FUND 5203 HANDYMAN 5203.63095 CEDA, INC.HANDYMAN PROGRAM 1,794.81 1,794.81 5220 CDBG ADMINISTRATION 5220.62205 PIONEER PRESS FULL RUN AD 692.00 5220.65095 OFFICE DEPOT OFFICE SUPPLIES FY12 BU 5220 24.58 716.58 5275 PUBLIC FACILITIES 5275.67045 Y.O.U.YOUTH CENTER REHAB 29,638.00 29,638.00 32,149.39 00225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 5300.65522 MINASIAN RUG COMPANY AWNING PURCHASE 3,350.00 5300.56045 HOWARD STREET BUSINESS ASSOCIA VETERANS CENTER HSBA PLANTERS 250.00 5300.65522 HOWARD STREET BUSINESS ASSOCIA BUSINESS DISTRICT IMPROVEMENTS 1,984.00 5300.62185 HBRA ARCHITECTS INC SITE ANALYSIS/ACTION PLAN 8,047.19 5300.62280 FEDERAL EXPRESS CORP.SHIPPING 13.31 *Advanced Payment 14133 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 5300.65095 OFFICE DEPOT OFFICE SUPPLIES 2012 BU 5300 20.88 5300.65625 EVANSTON GLASS & MIRROR 3 TEMPERED GLASS 405.00 14,070.38 14,070.38 00240 HOME FUND 5430 HOME FUND 5430.65535 HOUSING OPPORTUNITY DEVELOPMEN 131 CALLAN REHAB PROJECTS-DR9 2,467.27 5430.65535 HOUSING OPPORTUNITY DEVELOPMEN 131 CALLAN REHAB PROJECTS-DR8 5,898.24 8,365.51 8,365.51 00300 WASHINGTON NATL TIF DEBT SERV 5470 WASHINGTON NAT'L TIF DS 5470.62185 HBRA ARCHITECTS INC SITE ANALYSIS/ACTION PLAN 8,047.18 5470.62605 KOI CHINESE AND SUSHI AIR CURTAIN PURCHASE 1,975.00 10,022.18 10,022.18 00335 WEST EVANSTON 5870 WEST EVANSTON TIF 5870.62605 ENVIRONMENTAL CONSULTING GROUP SITE INVEST. 1801-05 CHURCH 8,395.00 8,395.00 587023 GREENLEAF ST WATR MAIN REPL 587023.65515 GLENBROOK EXCAVATING & CONCRET 2012 WATER MAIN REPLACEMENT 75,000.00 75,000.00 83,395.00 00415 CAPITAL IMPROVEMENTS FUND 415175 CIVIC CTR RENOVATIONS 415175.65653 IRISH TONY II INC.CIVIC CENTER MEZZANINE GATE 2,200.00 2,200.00 415224 SERV. CTR PARKING DECK REPAIRS 415224.62140 WALKER INC., CARL SERVICE CENTER REPAIR 719.61 719.61 415414 LAKEFRONT-LAGOON AREA IMPROV 415414.62280 FEDERAL EXPRESS CORP.SHIPPING 22.12 22.12 415721 FIRING RANGE UPGRADE 415721.62140 PROLINK ENGINEERING, LLC ENGINEERING SERVICES 340.00 340.00 415857 STREET RESURFACING 415857.65515 GREAT LAKES SOIL & ENVIRONMENT FY2012 MATERIALS TESING 6,023.00 415857.65515 GLENBROOK EXCAVATING & CONCRET 2012 WATER MAIN REPLACEMENT 195,547.10 415857.65515 CHICAGO TRIBUNE 2012 MFT RESURFACING PROJECT 759.00 202,329.10 415868 STREETLIGHT UPGRADE PROGM 415868.65515 EXCEL LTD., INC.50 STREET LIGHT POWER CENTERS 39,280.00 *Advanced Payment 15134 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 415868.65515 EXCEL LTD., INC.50 STREET LIGHT POWER CENTERS 39,280.00 78,560.00 415871 TRAFFIC SIGNAL UPGRADES 415871.65515 STANLEY CONSULTANTS INC.SHERIDAN RD SIGNAL MODERIZATIO 10,204.11 10,204.11 416103 BLOCK CURB/SIDEWALK REPLACEMEN 416103.65515 LANDMARK CONTRACTORS, INC.2012 CHURCH ST PROJECT 572,051.20 572,051.20 866,426.14 00420 SPEC ASSESS CAP PROJECT FUND 6365 SPECIAL ASSESSMENT 6365.65515 ACURA, INC.2012 ALLEY PAVING PROGRAM 42,030.00 6365.65515 ACURA, INC.2012 ALLEY PAVING PROGRAM 139,794.30 181,824.30 181,824.30 00505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 7005.64540 NEXTEL WIRELESS SERVICE-AUGUST 291.11 7005.65045 PRF GRAPHICS SUPPLIES 361.00 7005.62431 GARDA CL GREAT LAKES, INC.MONTHLY INVOICE-SEPT 2012 1,270.50 1,922.61 7015 PARKING LOTS & METERS 7015.53510 COOK COUNTY COLLECTOR *PARKING TAX AUGUST 2012 240.00 7015.64005 COMED MONTHLY INVOICE 129.32 7015.65070 IPS GROUP, INC.MONTHLY INVOICE 435.13 7015.62245 TOTAL PARKING SOLUTIONS, INC. WEBOFFICE MONITORING-1 YEAR 780.00 7015.64005 COMED MONTHLY INVOICE 307.99 7015.62245 TOTAL PARKING SOLUTIONS, INC. MAINTENANCE-CLARK ST MACHINE 840.00 2,732.44 7025 CHURCH STREET GARAGE 7025.53500 COOK COUNTY COLLECTOR *PARKING TAX AUGUST 2012 2,273.75 2,273.75 7036 SHERMAN GARAGE 7036.62425 THYSSENKRUPP ELEVATOR ELEVATOR MAINTENANCE/REPAIRS 329.78 7036.62660 INLAND AMERICAN RETAIL MANAGEM COMMON AREA MAINTENANCE 7,016.41 7036.53500 COOK COUNTY COLLECTOR *PARKING TAX AUGUST 2012 4,099.25 7036.62509 SIMPLEX TIME RECORDER OBSTRUCTION TEST-GUAGE REPLACE 1,472.00 7036.53515 STOHLE, RICK ACCESS CARD REFUND 25.00 7036.62425 THYSSENKRUPP ELEVATOR ELEVATOR MAINTENANCE/REPAIRS 9,211.20 7036.53515 GAMBOA, NICOLE ACCESS CARD REFUND 25.00 7036.53515 HARRIS, KRISTINA ACCESS CARD REFUND 25.00 7036.53515 LUDA, KRISTIE ACCESS CARD REFUND 25.00 7036.53515 JANG, PAUL ACCESS CARD REFUND 25.00 7036.64505 AT & T COMMUNICATION CHARGES 104.90 22,358.54 7037 MAPLE GARAGE *Advanced Payment 16135 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7037.53500 COOK COUNTY COLLECTOR *PARKING TAX AUGUST 2012 2,770.00 7037.53510 COOK COUNTY COLLECTOR *PARKING TAX AUGUST 2012 440.00 7037.64015 NICOR 0632 MONTHLY INVOICE 83.28 3,293.28 32,580.62 00510 WATER FUND 7100 WATER GENERAL SUPPORT 7100.64540 NEXTEL WIRELESS SERVICE-AUGUST 207.88 7100.65040 LAPORT INC ADMINISTRATION - JANITORIAL 377.60 7100.62210 ON TRACK FULFILLMENT INC.USPS POSTAGE/PERFORM MAILING 75.00 7100.62295 JANES, JAMES REIMB. MILEAGE 64.38 7100.62315 FEDERAL EXPRESS CORP.SHIPPING 35.98 7100.53575 FEDERAL EXPRESS CORP.SHIPPING 111.17 7100.56145 CHICAGOLAND PAVING CONTRACTORS REFUND FIRE HYDRANT DEPOSIT 300.00 7100.56145 BOLDER CONTRACTORS, INC.REFUND FIRE HYDRANT DEPOSIT 300.00 7100.56140 ILLINOIS DEPT OF REVENUE *SALES TAX AUGUST 2012 10.00 7100.62180 PIONEER PRESS LEGAL AD FOR BID-INSPECTION 61.60 7100.65095 OFFICE DEPOT OFFICE SUPPLIES FOR FY 2012 51.65 7100.65095 OFFICE DEPOT OFFICE SUPPLIES FOR FY 2012 18.99 7100.65070 OFFICE CONCEPTS SUPPLY AND DELIVER FURNITURE 1,983.86 7100.65040 LAPORT INC ADMINISTRATION - JANITORIAL 225.25 7100.56145 PLOTE CONSTRUCTION FIRE HYDRANT DEPOSIT REFUND 1,300.00 5,123.36 7105 PUMPING 7105.64540 NEXTEL WIRELESS SERVICE-AUGUST 162.72 7105.64005 EXELON ENERGY COMPANY MONTHLY CHARGES 105,644.88 105,807.60 7110 FILTRATION 7110.64540 NEXTEL WIRELESS SERVICE-AUGUST 197.72 7110.62465 UNDERWRITERS LABORATORIES INC. 2012 LABORATORY TESTING 250.00 7110.62465 UNDERWRITERS LABORATORIES INC. 2012 LABORATORY TESTING 10.00 7110.62465 UNDERWRITERS LABORATORIES INC. 2012 LABORATORY TESTING 92.00 549.72 7115 DISTRIBUTION 7115.65055 HD SUPPLY WATERWORKS 2X60' (K0 SOFT COPPER TUBING 1,447.20 7115.62230 ALPHA PAINTWORKS, INC.2012 FIRE HYDRANT PAINTING 24,140.00 7115.64540 NEXTEL WIRELESS SERVICE-AUGUST 372.81 25,960.01 7120 WATER METER MAINTENANCE 7120.65070 BADGER METER, INC.2012 WATER METER PURCHASE 439.60 7120.64540 NEXTEL WIRELESS SERVICE-AUGUST 85.86 525.46 7125 OTHER OPERATIONS 7125.62315 ON TRACK FULFILLMENT INC.USPS POSTAGE/PERFORM MAILING 18.56 18.56 7131 CAPITAL IMPROVEMENTS 7131.65515 SOLARBEE, INC.SHIPPING AND HANDLING 400.00 *Advanced Payment 17136 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7131.65515 SOLARBEE, INC.GS-12-120v SUBMERSIBLE MIXER 15,726.00 16,126.00 154,110.71 00513 WATER-DEPR, IMPROV & EXTENSION 733048 FILTER REHAB ( #19-#24) 733048.62140 CDM SMITH, INC.CHANGE ORDER #1 STRUCTURAL 15,400.00 733048.62140 CDM SMITH, INC.ENGR SVCS FOR 1964 FILTER ADD 29,901.50 45,301.50 733067 SECURITY IMPROVEMENTS - WATER 733067.62140 PIONEER PRESS LEGAL AD FOR BID - (12-159)72.00 72.00 733086 2008 WATER MAIN INSTALLATION 733086.65515 GLENBROOK EXCAVATING & CONCRET 2012 WATER MAIN REPLACEMENT 534,418.71 534,418.71 733108 ROOF-WATER TREATMENT FACILITY 733108.65515 PIONEER PRESS LEGAL AD FOR BID - 2012 ROOF 72.00 72.00 579,864.21 00515 SEWER FUND 7400 SEWER MAINTENANCE 7400.64540 NEXTEL WIRELESS SERVICE-AUGUST 232.71 7400.62309 PRAIRIE ARCHWAY INTERNATIONAL 2012 INT'L 7400 DUMP TRUCK 115,055.00 7400.62415 KLF TRUCKING DEBRIS HAULING & DISPOSAL 3,850.00 7400.62415 KLF TRUCKING DEBRIS HAULING & DISPOSAL 3,877.50 7400.62415 KLF TRUCKING DEBRIS HAULING & DISPOSAL 4,675.00 7400.62415 KLF TRUCKING DEBRIS HAULING & DISPOSAL 3,025.00 130,715.21 7410 SEWER OTHER OPERATIONS 7410.62180 PIONEER PRESS LEGAL AD-PROPOSAL #12-169 49.60 49.60 130,764.81 00520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 7685.68310 WELLS FARGO BANK- SWANCC SWANCC CAPITAL COSTS 5,232.15 7685.62415 GROOT RECYCLING & WASTE SERVIC FY2012 RESIDENTIAL REFUSE 132,765.00 7685.62390 LAKESHORE WASTE SERVICES, LLC FY2012 CONDO REFUSE COLLECTION 31,416.67 7685.62405 WELLS FARGO BANK- SWANCC SWANCC OPERATIONS & MAINT.72,951.12 7685.56155 ILLINOIS DEPT OF REVENUE *SALES TAX AUGUST 2012 239.00 242,603.94 7695 YARD WASTE COLLECTION 7695.62415 GROOT RECYCLING & WASTE SERVIC FY2012 YARD WASTE COLLECTION 65,886.00 65,886.00 308,489.94 00600 FLEET SERVICES 7705 GENERAL SUPPORT *Advanced Payment 18137 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7705.62205 PIONEER PRESS ADVERTISING FOR BID 12-164 48.80 7705.64540 NEXTEL WIRELESS SERVICE-AUGUST 108.06 156.86 7710 MAJOR MAINTENANCE 7710.65060 SUNNYSIDE PARTS WAREHOUSE STEERING SHAFT RETURN 368.90- 7710.65060 LEACH ENTERPRISES, INC.BRAKE PARTS #721 228.17 7710.65060 LEACH ENTERPRISES, INC.DRAIN COCK 15.56 7710.65060 LEACH ENTERPRISES, INC.2 EXHAUST ELBOWS 61.36 7710.65060 LEMOI HARDWARE HYDRL. PIPE FITTINGS 67.66 7710.65060 LEMOI HARDWARE MISC. PARTS #629 35.14 7710.65060 LEMOI HARDWARE PAINT SUPPLIES 17.98 7710.65060 LEMOI HARDWARE TIEDOWN RATCHET 28.76 7710.65060 LEMOI HARDWARE NUT/BOLTS #321 11.40 7710.62240 METRO TANK AND PUMP COMPANY TANK REPAIR 860.00 7710.62240 METRO TANK AND PUMP COMPANY FUEL DISPENSER HOSE 813.83 7710.62240 METRO TANK AND PUMP COMPANY ANNUAL LINE LEAK TESTS 2,040.00 7710.65060 MONROE TRUCK EQUIPMENT TANK SENSOR 314.99 7710.65060 NORTH SHORE TOWING TOW TO SHOP #2004 65.00 7710.65060 NORTH SHORE TOWING TOW TO SHOP #2003 65.00 7710.65060 NORTH SHORE TOWING TOW #69 65.00 7710.65060 NORTH SHORE TOWING TOW TO SHOP #43 65.00 7710.65060 NORTH SHORE TOWING TIRE CHANGE #51 50.00 7710.65060 NORTH SHORE TOWING TOW & HOOK #163 217.50 7710.65060 NORTH SHORE TOWING TOW & HOOK HVY DUTY #704 600.00 7710.65060 P & G KEENE ELECTRICAL ALTERNATOR #680 428.00 7710.65065 POMP'S TIRE SERVICE, INC.4 NEW TIRES 1,858.64 7710.65065 POMP'S TIRE SERVICE, INC.8 RECAPS 1,889.42 7710.65065 POMP'S TIRE SERVICE, INC.NEW TIRE 487.00 7710.65065 POMP'S TIRE SERVICE, INC.NEW TIRE 810.81 7710.65065 POMP'S TIRE SERVICE, INC.2 LOADER TIRE REPAIRS 729.80 7710.65060 RG SMITH EQUIPMENT COMPANY 2 CASTERS FOR PLOW 1,500.00 7710.65060 SKF LUBRICATION SYSTEMS USA GEAR PUMP 1,283.02 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES-15 132.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES-15 199.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES-15 224.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES-15 191.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES-16 136.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES-15 148.00 7710.65060 STANDARD EQUIPMENT COMPANY ROLLER PIN/FITTINGS 13,524.53 7710.65060 STANDARD EQUIPMENT COMPANY 2 MAIN BROOMS 616.78 7710.65060 STANDARD EQUIPMENT COMPANY STREET SWEEPER PARTS 1,025.85 7710.65060 STANDARD EQUIPMENT COMPANY 4 HYDRL. FITTINGS 234.26 7710.65060 STANDARD EQUIPMENT COMPANY PARTS RETURN 221.92- 7710.65060 STANDARD EQUIPMENT COMPANY 4 STREET SWEEPER BROOMS 1,233.56 7710.65060 SUBURBAN ACCENTS, INC.4 POLICE CAR GRAPHICS 1,500.00 7710.65060 SUBURBAN ACCENTS, INC.LOGOS/PARKING SERV. CARS 1,482.40 7710.65060 SUNNYSIDE PARTS WAREHOUSE LAMP 144.90 7710.65060 SUNNYSIDE PARTS WAREHOUSE BRAKE PARTS 298.56 7710.65060 TERMINAL SUPPLY CO.BULK ELECTRICAL CONNECTORS 217.84 *Advanced Payment 19138 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 TRIANGLE SERVICE, INC.NEW RADIATOR #583 750.00 7710.62375 UNITED RENTALS ROLLER RENTAL 2,588.60 7710.65060 WENTWORTH TIRE SERVICE TIRE REPAIR #936 128.75 7710.65060 WENTWORTH TIRE SERVICE TIRE #504 AND STOCK 226.68 7710.65060 WEST SIDE TRACTOR LOADER REPAIR #659 5,774.46 7710.65060 WEST SIDE TRACTOR ALTERNATOR #680 802.48 7710.65060 WEST SIDE TRACTOR WIPER BLADE MOTOR #680 337.30 7710.65060 WHOLESALE DIRECT INC JACK W/SWIVEL WHEEL 83.65 7710.65060 WHOLESALE DIRECT INC 12 MARKER LIGHTS 163.06 7710.65060 WHOLESALE DIRECT INC STOP, TAIL, TURN LIGHTS 48.27 7710.65060 WHOLESALE DIRECT INC CASTER WHEEL KIT 32.46 7710.65060 WHOLESALE DIRECT INC HIGHT-INTENSITY LAMP ASSYM.37.40 7710.65060 ZEIGLER CHEVROLET-SCHAUMBURG L COOLING SYSTEM REPAIR 1,197.59 7710.65060 ZEIGLER CHEVROLET-SCHAUMBURG L BY PASS HOSE #503 5.00 7710.65060 CARQUEST EVANSTON WATER PUMP GASKETS 14.39 7710.65060 GOLF MILL FORD 4 F STRUT #45 384.85 7710.65060 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTS & SIRENS 534.00 7710.62240 GRAINGER, INC., W.W.BAND SAW BLADE 71.55 7710.65060 REGIONAL TRUCK EQUIPMENT CO. I TOOL BOX #619 432.33 7710.65060 TRI-STATE HYDRAULICS INC R.H. PISTON PUMP 1,196.18 7710.65015 1ST AYD CORP.SHOP SUPPLIES 549.07 7710.65060 A & A TRANSMISSION CORP.OUTSIDE REPAIR #2001 1,215.07 7710.65060 AETNA TRUCK PARTS, INC.DESICCANT KIT 133.08 7710.65060 AETNA TRUCK PARTS, INC.6 FUEL FILTERS 313.50 7710.65060 ALLTECH AUTO INC.OUTSIDE REPAIR #56 597.20 7710.65060 ALLTECH AUTO INC.OUTSIDE REPAIR #32 600.22 7710.65040 BIOTEK CORPORATION HANDCLEANER 256.89 7710.65060 BUCK BROTHERS, INC.OUTSIDE REPAIR #756 1,749.67 7710.65060 CARQUEST EVANSTON LAMP RETURN 100.42- 7710.65060 CARQUEST EVANSTON T BOLT RETURNS 229.00- 7710.65060 CHICAGO INTERNATIONAL TRUCKS, REAR BRAKES #919 1,096.02 7710.65060 CHICAGO INTERNATIONAL TRUCKS, DOOR SWITCHES #316 23.02 7710.65060 CHICAGO INTERNATIONAL TRUCKS, BRAKE PADS #316 & #317 612.96 7710.65060 CHICAGO INTERNATIONAL TRUCKS, BRAKE HOSE #919 213.52 7710.65060 CHICAGO INTERNATIONAL TRUCKS, MASTER CYLN. SWITCH #316 12.46 7710.65060 CHICAGO INTERNATIONAL TRUCKS, FASTNER #717 7.40 7710.65060 CHICAGO INTERNATIONAL TRUCKS, ROTOR KIT/OIL SEAL RETURN 513.68- 7710.65060 CHICAGO PARTS & SOUND, LLC FAN MOTOR ASSYM. #69 278.91 7710.65060 CHICAGO PARTS & SOUND, LLC ACCUMULATOR ASSYM.174.80 7710.65060 CHICAGO PARTS & SOUND, LLC BLEND DOOR MOTOR 89.30 7710.65060 CHICAGO PARTS & SOUND, LLC WIPER MOTOR #53 137.61 7710.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 198.37 7710.62355 CINTAS #22 WEEKLY UNIFORM SERICE 120.25 7710.62355 CINTAS #22 WEEKLY UNIFORM SERICE 120.25 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 152.90 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 152.90 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 152.90 7710.65035 CITY WELDING SALES & SERVICE I WELDING GAS 81.48 7710.65090 CONNEY SAFETY PRODUCTS SPILL KIT 182.38 7710.65090 CONNEY SAFETY PRODUCTS SPILL KIT 42.10 *Advanced Payment 20139 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65090 CONNEY SAFETY PRODUCTS SPILL KIT 1,166.04 7710.62240 DOUGLAS TRUCK PARTS IMPACT SOCKET 65.69 7710.65060 DOUGLAS TRUCK PARTS TAIL LIGHT 51.88 7710.65060 DUECO, INC.OUTSIDE REPAIR #165 866.62 7710.65060 DUECO, INC.OUTSIDE REPAIR #581 727.20 7710.65060 DUXLER TIRE & CAR CENTER ALIGNMENT #162 69.00 7710.65060 DUXLER TIRE & CAR CENTER FRONT ALIGNMENT #764 69.00 7710.65060 DUXLER TIRE & CAR CENTER WHEEL BALANCE #348 40.00 7710.65060 DUXLER TIRE & CAR CENTER WHEEL BALANCE #261 48.00 7710.65060 EQUIPMENT DEPOT OUTSIDE REPAIR #944 118.41 7710.65060 FOSTER COACH SALES, INC.MAGNETIC SWITCH 57.27 7710.65060 FOSTER COACH SALES, INC.8 RED LED LENS 141.07 7710.65060 FREEWAY FORD TRUCK SALES FAN CLUTCH #583 457.81 7710.65060 FREEWAY FORD TRUCK SALES FAN CLUTCH SUPPORT #583 335.02 7710.65060 FREEWAY FORD TRUCK SALES FAN PULLEY #583 124.86 7710.65060 FREEWAY FORD TRUCK SALES SCREW HEX.21.92 7710.65060 FREEWAY FORD TRUCK SALES SCREW HEX.21.20 7710.65060 FREEWAY FORD TRUCK SALES STOCK RETURN 39.90- 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC HALO LIGHT #321 138.45 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC STRAP FUEL TANK 327.13 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC ANTI SKID STRIP 12.88 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC MOTOR BLOWER ASSEMBLY 135.27 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC HOSE FUEL FILL 99.67 7710.62240 GRAINGER, INC., W.W.TORCH HEADS 271.28 7710.65060 GROVER WELDING COMPANY FABRICATE CAR SEAT PLATE 50.00 7710.65060 INLAND POWER GROUP OUTSIDE REPAIR #313 6,935.45 7710.65060 INLAND POWER GROUP GASKET CHANNEL 16.09 7710.65060 INLAND POWER GROUP GASKET CASE #927 27.73 7710.65060 INTERSTATE BATTERY OF NORTHERN BATTERY RETURN 160.00- 7710.65060 INTERSTATE BATTERY OF NORTHERN BATTERY RETURN 40.00- 7710.65060 INTERSTATE BATTERY OF NORTHERN BATTERY RETURN 60.00- 7710.65060 LAKE/COOK C.V. JOINTS INC DRIVE SHAFT REPAIR #25 128.00 7710.65060 LAWSON PRODUCTS, INC.AEROSOL ANTI-RUST 446.12 7710.65060 LAWSON PRODUCTS, INC.BULK HARDWARE 413.68 7710.65060 CARQUEST EVANSTON FILTERS 111.00 7710.65060 CARQUEST EVANSTON TRANS FILTER #316 9.01 7710.65060 CARQUEST EVANSTON FUEL FILTER 14.28 7710.65060 CARQUEST EVANSTON BRAKE FITTINGS 14.64 7710.65060 CARQUEST EVANSTON BRAKE FITTINGS 14.76 7710.65060 CARQUEST EVANSTON DIESEL KLEEN 38.62 7710.65060 CARQUEST EVANSTON COOLANT FILTER 9.23 7710.65060 CARQUEST EVANSTON FUEL FILTER 4.89 7710.65060 CARQUEST EVANSTON AIR FILTERS 7.06 7710.65060 CARQUEST EVANSTON 5 AIR FILTERS 23.87 7710.65060 CARQUEST EVANSTON TIE ROD END OUTER #764 28.46 7710.65060 CARQUEST EVANSTON QUICK DICONNECTS-6 HYDROL.516.15 7710.65060 CARQUEST EVANSTON DRAIN COCK 63.20 7710.65060 CARQUEST EVANSTON 5 HYDRL. FITTINGS 490.66 7710.65060 CARQUEST EVANSTON HHC INVENTORY RESTOCK 493.85 7710.65060 CARQUEST EVANSTON HYDR. FITTINGS 17.40 *Advanced Payment 21140 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 CARQUEST EVANSTON T BOLTS VARIOUS SIZES 229.00 7710.65060 CARQUEST EVANSTON 3 HYDROL. FITTINGS 35.67 7710.65060 CARQUEST EVANSTON OIL FILTER 7.14 7710.65060 CARQUEST EVANSTON CABIN AIR FILTER 11.99 7710.65060 CARQUEST EVANSTON HYDR. FITTINGS 1.72 7710.65060 CARQUEST EVANSTON HYDR. FITTINGS 27.85 7710.65060 CARQUEST EVANSTON BLOWER MOTOR #166 12.66 7710.65060 CARQUEST EVANSTON BLOWER RESIST. #166 8.92 7710.65060 CARQUEST EVANSTON CLEAR SUPER SILICONE 15.62 7710.65060 CARQUEST EVANSTON CLEAR SUPER SILICONE-FILTER 51.81 7710.65060 CARQUEST EVANSTON HYDR. FITTINGS 18.67 7710.65060 CARQUEST EVANSTON AIR FILTERS 25.67 7710.65060 CARQUEST EVANSTON EXHAUST CLAMPS 17.32 7710.65060 CARQUEST EVANSTON AIR FILTERS 18.87 7710.65060 CARQUEST EVANSTON BRAKE HARDWARE KIT 5.97 7710.65060 CARQUEST EVANSTON 6 HEADLIGHTS 46.14 7710.65060 CARQUEST EVANSTON BRUSHING KIT 6.26 7710.65060 CARQUEST EVANSTON HI-TEMP RTV SILICONE 29.42 7710.65060 CARQUEST EVANSTON FUEL FILTER 4.89 7710.65060 GOLF MILL FORD BRAKE JOB #762 671.64 7710.65060 GOLF MILL FORD FRONT PADS #261 46.64 7710.65060 GOLF MILL FORD BRAKE DRUM #762 69.98 7710.65060 GOLF MILL FORD BRAKE PADS FR/RR #602 116.62 7710.65060 GOLF MILL FORD REAR ROTORS #602 163.28 7710.65060 GOLF MILL FORD INERTIA SWITCH #43 42.62 7710.65060 GOLF MILL FORD ROTORS #261 163.28 7710.65060 GOLF MILL FORD BY PASS HOSE 86.59 7710.65060 GOLF MILL FORD WHITE COVER 96.60 7710.65060 GOLF MILL FORD UPPER CONTROL ARMS #45 173.06 7710.65060 GOLF MILL FORD OUTSIDE REPAIR #602 48.00 7710.65060 GOLF MILL FORD OUTSIDE REPAIR #259 28.80 7710.65060 GOLF MILL FORD OUTSIDE REPAIR #330 470.83 7710.65060 GOLF MILL FORD OUTSIDE REPAIR #52 157.95 7710.65060 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTS & SIRENS 4,052.70 7710.65060 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTS & SIRENS 4,083.20 7710.65060 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTS & SIRENS 4,083.20 7710.65060 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTS & SIRENS 4,052.70 7710.65060 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTS & SIRENS 934.00 7710.65060 INTERSTATE BATTERY OF NORTHERN VEHICLE & EQUIPMENT BATTERY 450.56 7710.65060 INTERSTATE BATTERY OF NORTHERN VEHICLE & EQUIPMENT BATTERY 356.00 7710.65060 INTERSTATE BATTERY OF NORTHERN VEHICLE & EQUIPMENT BATTERY 261.96 7710.65060 INTERSTATE BATTERY OF NORTHERN VEHICLE & EQUIPMENT BATTERY 443.32 7710.65035 PALATINE OIL COMPANY, INC FUEL PURCHASES 25,299.01 7710.65035 PALATINE OIL COMPANY, INC FUEL PURCHASES 25,178.96 7710.65035 PALATINE OIL COMPANY, INC FUEL PURCHASES 28,998.64 7710.65060 ADVANCED PROCLEAN, INC.MOBILE POWER WASHING SERVICE 163.00 7710.65060 WIRFS INDUSTRIES INC.FIRE EQUIPMENT ANNUAL INSPECT.6,616.43 181,382.11 181,538.97 *Advanced Payment 22141 of 631 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/25/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 00605 INSURANCE FUND 7800 RISK MANAGEMENT 7800.66044 STATE TREASURER, ILLINOIS WORK RATE ADJUSTMENT FUND 6,269.46 6,269.46 6,269.46 00705 POLICE PENSION FUND 8100 POLICEMEN'S PENSION 8100.61755 COUNTY COURT REPORTERS, INC. *DISABILITY HEARING-10726-627 1,433.10 8100.61755 OTTOSEN BRITZ KELLY COOPER AND *DISABILITY HEARING-59248,9,24 6,397.19 8100.61755 ILLINOIS BONE AND JOINT *IME DISABILITY-R101771 1,800.00 8100.61755 GARCIA HAMILTON AND ASSOCIATES *3RD QRT FIXED INCOME MNG.9,844.70 19,474.99 19,474.99 3,063,812.56TOTAL *Advanced Payment 23142 of 631 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT Supplemental Bills List Attachment General 1910.62655 Secap Secap Lease Monthly 255.05 255.05 Home 5440.65535 Brinshore Development LLC Real Estate Activities 1,038.49 1,038.49 Insurance Various Various Worker's Comp 20,158.40 Various Various Casualty Loss 10,461.90 Various Various Casualty Loss 939.25 Various Various Worker's Comp 31,893.82 Various Various Casualty Loss 30,029.94 93,483.31 NSP2 Various Brinshore Development LLC NSP2 Real Estate Activities #35 193,291.69 Various Brinshore Development LLC NSP2 Real Estate Activities #36 300,036.10 493,327.79 Sewer 7555.68305 IEPA Loan Disbursement Sewer Imp 171,173.91 171,173.91 759,278.55 Grand Total 3,823,091.11 Prepared by Date Approved by Date CITY OF EVANSTON BILLS LIST PERIOD ENDING 09/25/2012 *Advanced Payment 24143 of 631 For City Council meeting of September 24, 2012 Item A3.1 Business of the City by Motion: Water Treatment Plant Inspections 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 of Construction & Field Services Subject: Inspection of the 1934 Reservoir and 1948 Settling Basins at the Water Treatment Facility (RFP 12-158) Date: September 19, 2012 Recommended Action: Staff recommends City Council authorize the City Manager to execute an agreement for professional services for the Inspection of the 1934 Reservoir and 1948 Settling Basins at the Evanston Water Treatment Facility (RFP 12-158) to CTL Group (5400 Old Orchard Road, Skokie, IL) in the not-to-exceed amount of $89,000. Funding Source: Funding is provided by the Water Fund General Support Account 7100.62180, which has a FY 2012 budget allocation of $75,000. Additional funding of $14,000 is available in the Water Fund CIP Account 733097.65515 due to deferral of other projects. The work is scheduled to be completed by the end of FY 2012 with no carryover to FY 2013. Background: Malcolm Pirnie prepared a water and sewer cost of service rate and fee study in 2009. As part of this study, they also reviewed and considered the proposed 10-year capital improvement program for these funds. Based on their engineering experience of water plants the same age as the Evanston treatment facility, they recommended and included a 3 million dollar cost estimate for concrete structure repairs in the capital improvement program. In order to verify the need and to obtain a more accurate cost estimate for these potential concrete repairs, inspections of various concrete structures are being undertaken. In 2010 an inspection and evaluation of concrete in the 1913 filters and clearwells (RRP 10-75) was awarded to CTL Group. Their report provided a preliminary cost for conceptual repairs in the 1913 facilities at $970,000 in 2010 dollars. This cost does not include engineering costs or contingency costs. Memorandum 144 of 631 This current proposed agreement is for the inspection and evaluation of concrete structures at the Water Treatment Facility including the Finished Water Reservoir and Settling Basins 1 and 2. It includes non-destructive testing and evaluation methods; cores from concrete floor slabs, walls, and roof slabs; laboratory testing and analysis of concrete samples; and a final report by the consultant with recommendations and estimated costs for any necessary repairs. The Finished Water Reservoir was constructed in 1934 and has a storage capacity of 5,000,000 gallons. Treated drinking water is stored here before being pumped into the water distribution systems. Inspection and testing are recommended at this time due to the reservoir’s age; the fact that it has not been inspected in over 15 years; and the potential for deterioration of the concrete roof slab from salt applied to the overlying parking lot as a de-icing agent in the winter. Settling Basins 1 and 2 are two-level structures that were constructed in 1948. These large basins receive raw (untreated) water with added chlorine, fluoride, alum, and polymer. As the water passes through the settling basins, contaminants settle to the bottom and clarified water flows into effluent channels at the top of the basins before going into the filters. These basins are dewatered, cleaned and visually inspected twice per year. Inspection and structural testing of the concrete is recommended at this time to determine if any concrete deterioration has occurred due to the chemicals used in this stage of the treatment process, and make repairs as needed to ensure treatment reliability. Analysis: The request for proposal was advertised on Demandstar and in the Pioneer Press. Proposals were received on August 28, 2012. A total of three proposals were received as summarized below. Consultant Information Consultant: Address: Crawford Murphy & Tilly 550 North Commons Drive, Suite 116, Aurora, IL CTL Group 5400 Old Orchard Road, Skokie, IL Dixon Engineering 1104 Third Avenue, Lake Odessa, MI Pricing Summary Consultant: Base Bid Price: Alternate Bid Price: Crawford Murphy & Tilly $074,158.00 N/A CTL Group $107,000.00 $89,000.00 Dixon Engineering $067,405.52 $88,909.52 145 of 631 The proposals were reviewed by: Lara Biggs, Superintendent – Construction & Field Services Jay Henderson, Division Chief – Pumping Jewell Jackson, Purchasing and Contracts Manager Kevin Lookis, Superintendent – Water Production Kristin Rehg, Management Analyst – Utilities Ed Semon, Division Chief – Filtration Dave Stoneback, Utilities Director The averaged final scoring of the proposals, which was based on the proposed fees and M/W/EBE participation in each consultant’s base bid, was as follows: Selection Criteria Max Pts CMT CTL Dixon Firm Qualifications / Experience 15 13 15 9 Project Manager / Team Experience 15 13 14 8 Project Approach 15 12 14 6 Cost 25 22 14 25 Completeness of Proposal 10 9 9 5 Willingness to Execute Agreement 10 10 10 10 M/W/EBE Participation 10 0 10 0 TOTALS 100 79 86 63 CTL’s proposal was well-organized, easy to understand, and demonstrated their technical competence to complete the project. Their comprehensive project approach identified several potential causes of deterioration to the concrete tanks over the years, and methods that will be utilized to evaluate these potential issues. CTL successfully performed a similar concrete structure evaluation at the Water Treatment Plant in 2009- 2010, and their project team is highly qualified and experienced in concrete testing and analysis. CTL’s proposal received the highest score based on their base bid price of $107,000, though their proposal recommended an alternate approach that would reduce their fee to $89,000. The alternate approach includes fewer core samples taken from the concrete structures, which reduces field costs (labor and equipment) and laboratory analysis costs. CTL believes their alternate concrete sampling plan would still allow for a thorough analysis of structural integrity, while allowing them to complete the project in a shorter time frame and at a lower cost. Based on the City’s previous experience with CTL and their demonstrated technical expertise in concrete analysis, staff is recommending award to CTL Group in the not-to- exceed amount of $89,000. CTL proposes to use Minority and Women Business Enterprises to complete 32% of the work. A memo from the Business Development Coordinator reviewing compliance with M/W/EBE requirements is attached. Attachments: Agreement and M/W/EBE Memorandum 146 of 631 147 of 631 148 of 631 149 of 631 150 of 631 151 of 631 152 of 631 153 of 631 154 of 631 155 of 631 156 of 631 157 of 631 RFP No. 12-158, Inspection of Reservoir and Settling Basins at Water Treatment Plant, M/W/EBE Compliance Approval, CTL Group, 9-18-12 To: David Stoneback, Director of Utilities Lara Biggs, Superintendent of Construction & Field Services From: Joseph McRae, Deputy City Manager Subject: RFP No. 12-158, Inspection of Reservoir and Settling Basins at Water Treatment Plant Date: September 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. With regard to RFP No. 12-158, Inspection of Reservoir and Settling Basins at Water Treatment Plant, CTL Group is found to be in initial compliance with the goal by subcontracting approximately 43% of the contract work to certified M/W/EBE’s. CTL Group’s total base bid is $89,000.00, and will receive 43% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Roughneck Concrete Drilling & Sawing Co., 8400 Lehigh Avenue, Morton Grove, IL 60053 Concrete Cutting $8,750.00 9.8% X Hatcher Family Construction, Inc., 2738 Central St., Evanston, IL 60201 Access, Lighting, Power $29,700.00 33.3% X Total M/W/EBE $38,450.00 43% Cc: Martin Lyons, Assistant City Manager/CFO Jewell Jackson, Purchasing & Contracts Manager Memorandum 158 of 631 For City Council meeting of September 24, 2012 Item A3.2 Business of the City by Motion: Engineering Services for Water Treatment Plant 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 of Construction & Field Services Subject: Engineering Services for Water Treatment Plant Master Flow Meter and Chemical Feed Improvements (RFP 12-151) Date: September 13, 2012 Recommended Action: Staff recommends City Council authorize the City Manager to execute an agreement for Engineering Services for the Water Treatment Plant Master Flow Meter and Chemical Feed Improvements project (RFP 12-151) with Baxter & Woodman, Inc. (39 S. LaSalle Street, Suite 816, Chicago, IL) in the not-to-exceed amount of $95,900. Funding Source: Funding in the amount of $95,900 will be from the Water Fund, Capital Improvement Account 733074.62140 which has a FY 2012 budget allocation of $50,000. Approximately, $25,000 of funding will be spent in FY 2012. The proposed FY 2013 Water Fund CIP indicates a $25,000 carry over and a new allocation of $50,000 ($75,000 total) for engineering services. Background: This agreement is for the necessary engineering services related to the Water Treatment Plant master flow meter and chemical feed improvements. The scope of work includes engineering for the preliminary design, final design, and construction observation services. The proposed project includes improvements to three master flow meters that record treated water pumped to the Evanston/Skokie distribution systems. Two of the meters were installed in 1948 and the third meter was installed in 1964. All three meters are located in underground vaults outside the Water Treatment Plant. Two of the flow meter vaults are accessed via hatches in the driving lane of Lincoln Street at the curve into North Campus Drive. Due to the 90 degree bend in the street and the line-of-sight Memorandum 159 of 631 obstruction created by the reservoir, accessing the flow meters for calibration, testing, and maintenance safely is very challenging. All three meters and their vaults are nearing the end of their useful life and need to be refurbished, replaced, and/or resized in order to ensure reliable and accurate flow measurement for regulatory reporting and chemical feed pacing. The existing fluoride and polyphosphate feed systems consist of bulk chemical storage tanks, day tanks, flow-paced positive displacement feed pumps, and different injection points within the Water Treatment Plant. An evaluation and potential reconfiguration of feed equipment locations and injection points will optimize the chemical feed process and conserve as much chemical and energy as possible. These benefits are expected to reduce future annual operating costs. The proposed FY 2013 Water Fund CIP allocates $500,000 for the implementation of these improvements. Analysis: The request for proposal was advertised on Demandstar and in the Chicago Tribune. Proposals were received on July 31, 2012. A total of three proposals were received as summarized below. Consultant Information Consultant: Address: Baxter & Woodman, Inc. 39 S. LaSalle Street, Suite 816, Chicago, IL CDM Smith Inc. 125 South Wacker Drive, Suite 600, Chicago, IL H.R. Green, Inc. 820 Davis Street, Unit 118, Evanston, IL Pricing Summary Consultant: Final Base Bid Price: H.R. Green, Inc. $ 78,331.00 Baxter & Woodman, Inc. $ 95,900.00 CDM Smith Inc. $149,865.00 The proposals were reviewed by: Lara Biggs, Superintendent – Construction & Field Services Jay Henderson, Division Chief – Pumping Catherine Hurley, Sustainability Coordinator Jewell Jackson, Purchasing and Contracts Manager Kevin Lookis, Superintendent of Water Production Ed Semon, Division Chief – Filtration Dave Stoneback, Utilities Director 160 of 631 The averaged final scoring of the proposals was as follows: Selection Criteria Max Pts B&W CDM HR Green Firm Qualifications / Experience 15 14 15 12 Project Manager / Team Experience 15 14 13 10 Project Approach 15 14 13 8 Cost 25 18 7 25 Completeness of Proposal 10 10 10 5 Willingness to Execute Agreement 10 10 9 10 M/W/EBE Participation 10 10 10 0 TOTALS 100 90 77 70 The review group decided to interview Baxter & Woodman and HR Green. Additional information was requested of both firms prior to the interviews. The interviews were conducted on August 17, 2012. Baxter & Woodman’s proposal was well-organized, easy to understand, and demonstrated their technical competence to complete the project. Their interview reinforced the proposal and demonstrated a methodical and team-focused approach to this project. Their team has worked together successfully on multiple similar projects in northern Illinois and displayed thorough knowledge of pertinent regulatory and safety requirements. They were able to identify several issues of potential concern and propose possible solutions. In addition, their project approach and fee schedule is comprehensive and appears to take into account a wide variety of potential design issues, which their staff confirmed during the interview process. Baxter & Woodman proposes to use Minority and Women Business Enterprises to complete 29% of the work. HR Green provided the lowest cost estimate, but their initial proposal, interview responses and follow-up written responses did not demonstrate a full understanding of the project. In the opinion of the review group, HR Green did not consider all of the issues that should be taken into consideration before selecting a final design. Therefore, staff is recommending award to Baxter & Woodman. References for Baxter & Woodman were checked and found to be favorable. A memo from the City Manager’s Office reviewing compliance with M/W/EBE requirements is attached. Attachments: Proposed Agreement with Baxter & Woodman MWEBE Memo 161 of 631 162 of 631 163 of 631 164 of 631 165 of 631 166 of 631 167 of 631 168 of 631 169 of 631 170 of 631 171 of 631 172 of 631 173 of 631 174 of 631 RFP No. 12-151, Engineering Services for Water Treatment Plant Master Flow Meter and Chemical Feed Improvements, M/W/EBE Compliance Approval, Baxter & Woodman, Inc., 9-18-12 To: Dave Stoneback, Director of Utilities Lara Biggs, Superintendent of Construction & Field Services From: Joseph McRae, Deputy City Manager Subject: RFP No. 12-151, Engineering Services for Water Treatment Plant Master Flow Meter and Chemical Feed Improvements Date: September 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. With regard to RFP No. 12-151, Engineering Services for Water Treatment Plant Master Flow Meter and Chemical Feed Improvements, Baxter & Woodman, Inc. is found to be in initial compliance with the goal by subcontracting approximately 29% of the contract work to certified M/W/EBE’s. Baxter & Woodman, Inc.’s total base bid is $95,900.00 and will receive 29% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE FluidClarity, Ltd., 1144 West Lake St., Suite 303, Oak Park, IL 60201 Constructability Review, Engineering Services $23,000.00 24% X Wang Engineering, Inc., 1145 North Main Street, Lombard, IL 60148 Geotechnical Engineering Services $5,000.00 5% X Total M/W/EBE $28,000.00 29% Cc: Martin Lyons, Assistant City Manager/CFO Jewell Jackson, Purchasing & Contracts Manager Memorandum 175 of 631 RFP No. 12-151, Engineering Services for Water Treatment Plant Master Flow Meter and Chemical Feed Improvements, M/W/EBE Compliance Approval, Baxter & Woodman, Inc., 9-18-12 176 of 631 For City Council meeting of September 24, 2012 Item A4 Resolution 67-R-12: Acceptance of Grant Award for Senior Lunch Program For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Douglas J. Gaynor, Director, Parks, Recreation and Community Service Subject: Resolution 67-R-12 Authorizing the City Manager to Sign Notifications of Grant Awards Fund and Operate a Senior Meal Congregate Program at the Levy Senior Center and Fleetwood-Jourdain Community Center. Date: September 24, 2012 Recommended Action: Staff recommends City Council approval of Resolution 67-R-12 authorizing the City Manager to sign notification of grant awards to fund and operate a congregate senior meal program at the Levy Senior Center and Fleetwood-Jourdain Community Center. Funding Source: This is a reimbursement program in which the total amount of reimbursement the City will receive is solely dependent upon the number of lunches served and varies depending on the levels of participation. The City’s estimated reimbursement is calculated using the highest daily participation level stated in our application. Funding for this program is budgeted in Fleetwood-Jourdain Business Unit 3040 and Levy Center Business Unit 3055. Overall budgeted expenses for the 2012/13 program include staffing salaries, Social Security, Medicare, advertising, program supplies and food costs, which is projected at $79,674. Levy Senior Center Fleetwood-Jourdain Center TOTAL Meal Program Expenditure Budgeted Amount $61,271 $18,403 $79,674 Maximum Grant Reimbursement to Revenue Account $34,721 $10,038 $44,759 Project Income (Donations) $11,100 $2,820 $13,920 Local In-Kind (i.e. Room usage, utilities, volunteers, etc) $6,500 $0 $6,500 Local Cash (City Supported) $8,500 $5,577 $14,077 Memorandum 177 of 631 Staff projects meal donations of $13,920. The City will provide a local cash match of $14,077 of the $79,674 if the projection for donations is met, and less if it is exceeded. This is the second year of this grant program, which has helped provide a senior lunch program subsidy at Fleetwood-Jourdain and Levy Senior Center. Similar to the current year’s management plan for the program, should donations that are received from attendees of the meal program be less than expected, department staff will develop a plan to offset the revenue shortage. Donations for the 2011/12 program totaled $13,986 for both centers, which exceeded our projected project income donations for this period. Summary: The City of Evanston re applied to receive funding for a congregate senior meal program through Age Options. As part of the nationwide network, Age Options is authorized by the federal Older Americans Act and the Illinois Department on Aging as the Planning and Service Area for the 30 townships surrounding Chicago. The Older Americans Act Title III-C Nutrition Services grant funds congregate meals for older adults, aged 60 and over, a spouse, or child with disabilities under the age of 60. This grant covers food costs, administrative overhead and supplies for the program. The City received a maximum grant award of $34,721 to provide meals 5 days a week at the Levy Senior Center and $10,038 to provide meals one day a week at the Fleetwood-Jourdain Community Center. The time period of this grant is October 1, 2012 through September 30, 2013, which may be renewable again next September, pending funding. This grant for Congregate Meal Nutrition Services will offset the cost of each meal and no eligible senior shall be denied participation because of inability to contribute. The suggested contribution for each meal will be $4.25 an increase of .25$ from the prior agreement but meals will be provided regardless of ability to pay. Attachments: Resolution Age Options Award Letter 178 of 631 179 of 631 180 of 631 181 of 631 182 of 631 For City Council meeting of September 24, 2012 Item 4.1 Business of the City by Motion: Contract Award for Senior Lunch Program For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Douglas J. Gaynor, Director, Parks, Recreation & Community Services Subject: Renewal of contract award to Catholic Charities Lunch-n-More for Senior Meal Food Programs Date: September 24, 2012 Recommended Action: Staff recommends City Council authorize the City Manager to renew the contract with Catholic Charities Lunch-n-More to provide a senior meal congregate program at the Levy Senior Center and Fleetwood-Jourdain Community Center for a period of October 1, 2012 through September 30, 2013 in the not-to-exceed amount of $4.27 per lunch meal. Total meal program contract value is projected at $43,456. Lunch-n-More is located at 6212 S. Sangamon in Chicago. Funding Source: This is a reimbursement meal program in which the total amount of reimbursement the City will receive and expenses is solely dependent upon the number of lunches served and varies depending on the levels of participatio n. The program will be reimbursed through a grant from Age Options, the regional coordinator of federal funds dispersed for programs in the Older Americans Act and donations received from attendees at the meal program. The City’s estimated reimbursement is calculated using the highest daily participation level stated in our application. Funding for this program is budgeted in the Fleetwood-Jourdain and Levy Center meal program expenditure accounts. Meal program food expenditure budgeted amount Maximum grant reimbursement for food to revenue account Fleetwood-Jourdain 3040.65025 $8,456 $5,636 Levy Senior Center 3055.65025 $35,000 $23,900 Total $43,456 $29,536 Memorandum 183 of 631 Summary: Staff has been very satisfied with food provided from Lunch-n-More during the first year of the contract and recommends renewal. Pricing of meals increased from $4.15 to $4.27 per meal for the upcoming year, which is allowable under the terms of the contract. They have provided sample of meals when changing menus, and continued to answered questions from staff regarding their ability to provide effective meal services. In 2011, Age Options issued a bid to provide meals at all suburban cook county sites in the program. The bid documents specified a three year contract that is annually renewed and limits price increases to the measurable index of the Consumer Price Index. Meal providers were invited to respond to the bids and provide food costs; the type of meals provided and background information on their company. After the bids were received Age Options required the City to work with the food vendors in order to determine if they could meet the needs of the program. The Levy and Fleetwood Center’s received only one response to the bid for their site. The lone response came from Lunch-n-More Catering, a service that is part of the non-profit organization, Catholic Charities of the Archdiocese of Chicago. Catholic Charities Community Development and Outreach Services have a fully licensed kitchen facility on Chicago’s south side for the service area’s Lunch-n-More program. Age Options will put out the food vendor contract to bid in 2014, pending available grant funding of the program. Attachments Agreement with Catholic Charities Lunch-n-More. Menu Standards Please see Agenda Item A4 for the grant award for this program. 184 of 631 185 of 631 186 of 631 187 of 631 188 of 631 189 of 631 190 of 631 191 of 631 192 of 631 193 of 631 194 of 631 195 of 631 196 of 631 197 of 631 198 of 631 199 of 631 200 of 631 201 of 631 202 of 631 203 of 631 204 of 631 205 of 631 206 of 631 207 of 631 208 of 631 209 of 631 210 of 631 211 of 631 212 of 631 213 of 631 For City Council meeting of September 24, 2012 Item A5 Resolution 68-R-12: Top of the Tracks Sublease Assignment For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Douglas J. Gaynor, Director, Parks, Recreation & Community Services Subject: Resolution 68-R-12 Assignment of a sublease of certain real property at Green Bay Road and Central Street by Top of the Tracks, Inc. Coffee Shop to SEG Café LLC Date: September 14, 2012 Recommended Action: Staff recommends City Council approval of Resolution 68-R-12 authorizing the City Manager to sign the assignment of the sublease agreement by Top of the Tracks to SEG Café LLC. Funding Source: The City receives and will continue to receive under this assignment, monthly rent from the new sublessee. Revenue from rent payments will be posted to account Facilities Administration under Property Sales and Rental, Acct # 3805-56010. Summary: The City is presently leasing the property at 1826 Central Street from the Union Pacific Railroad Company (UPRC), under a lease dated July 24, 1996, for a term of twenty years (1996 – 2016). The property consists of UPRC's passenger station, the lower level of the passenger station and the exterior facade of the building, including the roof, but not including the platform areas, stairway, or ramp . The property subleased to Ms. Smith is that portion of the interior of the passenger waiting area where she has operated the Top of the Tracks Coffee Shop for over twenty-three years. The lease term is for five years beginning September 15, 2010 and ending September 14, 2015. A five percent increase in monthly rent is built into the agreement resulting in the following rent amounts: 1. Year term 1 - six hundred twelve dollars ($612.00). 2. Year term 2 - six hundred forty-two dollars ($642.00). 3. Year term 3 - six hundred seventy-four dollars ($674.00). 4. Year term 4 - seven hundred seven dollars ($707.00). 5. Year term 5 - seven hundred forty-two dollars ($742.00). Memorandum 214 of 631 Ms. Smith desires to retire from the business and based on the language in the sublease agreement with the City, has the right to an assignment. The assignment of sublease will be with SEG Café, LLC. ------------------------------------------------------------------------------------- Attachments: Resolution 68-R-12 Sublease between City of Evanston and Top of the Tracks Inc. Assignment of Sublease to SEG Café, LLC Biographies for SEG Café, LLC 215 of 631 216 of 631 217 of 631 218 of 631 219 of 631 220 of 631 221 of 631 222 of 631 223 of 631 224 of 631 225 of 631 226 of 631 227 of 631 228 of 631 229 of 631 230 of 631 231 of 631 232 of 631 233 of 631 For City Council meeting of September 24, 2012 Item A6 Ordinance 99-O-12: Bicycle Use in Alleys For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 99-O-12, Relating to Bicycle Use in Alleys Date: September 7, 2012 Recommended Action: Staff submits for consideration Ordinance 99-O-12. Funding Source: N/A Summary: Ordinance 99-O-12 amends portions of Title 10 Chapter 9, and Section 10-1-3 of the Evanston City Code of 2012 (“City Code”), as amended, relating to bicycles and the use of bicycles within the City. This ordinance represents a legislative approach to reaffirm that the City Code conforms to well-established precepts of Illinois law, as expressed in Illinois Supreme Court decisions. The proposed amended definition of “bicycle” in Sections 10-9-1 and 10-1-3, parallels the definition found in the Illinois Vehicle Code, 625 ILCS 5/1-100 et seq., and provides a more understandable and consistent set of guidelines. The amendments to Sections 10-9-4 and 10-9-7 do not prohibit bicycle use in alleys, rather, the amendments clarify that bicycle operation is not an intended use which would obligate the City to upgrade and maintain like streets the approximately 70 miles of alleys within Evanston. Legislative History: N/A Attachments: Ordinance 99-O-12 Memorandum 234 of 631 9/6/2012 99-O-12 AN ORDINANCE Amending Title 10, Chapter 9 of the City Code, Relating to Bicycle Use in Alleys in the City of Evanston WHEREAS, Article VII, § 6 of the Illinois Constitution sets forth the powers of home rule units of government, and the City of Evanston is a home rule unit of government. Namely, a home rule unit may: … exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals, and welfare; to license; to tax; and to incur debt. ; and WHEREAS, the powers of a home rule unit such as the City are to be construed liberally pursuant to Article VII, § 6(m) of the Illinois Constitution, and the City’s powers as a home rule authority are: “…to be given the broadest powers possible” Scadron v. City of Des Plaines, 153 Ill.2d 164 (1992). A city’s power to regulate and license for the protection of public health and safety is drawn directly from the Constitution, and any such power may only be expressly limited by the General Assembly. Article VII, § 6(i) of the Illinois Constitution; 131 Ill.2d at 230; and WHEREAS, the expansive grant of the home rule mandate in Article VII of the Illinois Constitution is: “broad and imprecise in order to allow for great flexibility…” City of Evanston v. Create, Inc., 85 Ill.2d 101 (1981)(Evanston’s broadly construed home rule powers confirmed that Evanston’s residential landlord tenant ordinance was constitutional). Indeed, the Supreme Court opined: 235 of 631 99-O-12 ~2~ The city of Evanston is a densely populated and highly urbanized community… In accordance with the goals attempted to be achieved by the creation of home rule, the local governing body can create an ordinance specifically suited for the unique needs of its residents and is keenly and uniquely aware of the needs of the community it serves. Id. at 113; and WHEREAS, statutes are presumed constitutional and the burden of rebutting that presumption is on the party challenging the validity of the statute to clearly demonstrate a constitutional violation. Napleton v. Village of Hinsdale, 229 Ill.2d 296, 306 (2008); and WHEREAS, a court has a duty to uphold the constitutionality of a statute/ordinance when reasonably possible, and if a statute’s/ordinance’s construction is doubtful, the court will resolve the doubt in favor the statute’s/ordinance’s validity. Id. citing to People ex rel. Sherman v. Cryns, 203 Ill.2d 264, 291 (2003); and WHEREAS, the Illinois Supreme Court has long established that the unconditional repeal of a statute without a savings clause stops all pending actions where the repeal finds them. Atkins v. Deere and Company, 177 Ill.2d 222 (1997); and WHEREAS, the City has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and that protect the public health, safety, and welfare of its citizens; and WHEREAS, pursuant to 65 ILCS 5/11-80-2 and -8, the City may regulate the use of alleys; and WHEREAS, pursuant to the Local Government and Governmental Employees Tort Immunity Act, 745 ILCS 10/3-102(a), the City is immune for liability for 236 of 631 99-O-12 ~3~ injuries sustained by any bicyclist that is not an intended and permitted user of certain City property, see also Khalil v. City of Chicago, 283 Ill.App.3d 161 (1st Dist. 1996); and WHEREAS, pursuant to Boub v. Township of Wayne, 183 Ill.2d 520, 529 (1998), the legislative intent and judgment of the City of Evanston, as expressed in this Ordinance amending Title 10 of the City Code, is to state that bicyclists are not intended users of an alley, such expression which is controlling; and WHEREAS, due to the 41.5 miles of paved alleys and 28.25 miles of unpaved alleys in the City of Evanston, it would be fiscally impracticable to upgrade and maintain all alleys to meet the special requirements of bicyclists operating bicycles in alleys; and WHEREAS, it is necessary to clarify the City Code concerning bicycle use in City alleys; and WHEREAS, the Illinois Vehicle Code, 625 ILCS 5/1-100 et seq., specifically defines and ascribes different meanings to the words “bicycle,” 625 ILCS 5/1-106, and “vehicle,” 625 ILCS 5/1-217, such that the definition of vehicle excludes bicycles, and therefore as a matter of Illinois law, for many years individuals operating bicycles in Evanston have not and are not intended users of alleys; and WHEREAS, the City of Evanston distinguishes between bicycles and vehicles in the City Code, and this Ordinance codifies the distinctions between bicycles and vehicles; and WHEREAS, the City Council considered and adopted this Ordinance pursuant to its home rule, regulatory, and police powers, and, following its deliberations, adopted this Ordinance that is rationally related to legitimate government purposes; and 237 of 631 99-O-12 ~4~ WHEREAS, it is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid, see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: That Title 10, Chapter 9 of the City Code is hereby amended as follows: 10-9-1: - DEFINITIONS: The following definitions shall apply in the interpretation and enforcement of this chapter: ADULT: Anyone seventeen (17) years of age or older. BICYCLE: Every device, other than a vehicle, propelled by human power upon which any person may ride, having wheels any two (2) tandem wheels either of which are is more than sixteen inches (16") in diameter, except scooters and similar devices. FAMILY: A unit which conforms to any of the definitions set forth in section 6-18-3 of this code. JUVENILE: Anyone under the age of sixteen (16) years of age. ROADWAY: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. 10-9-2: - REGISTRATION REQUIRED; ISSUANCE: Persons who reside within the city and operate their bicycles on the public way shall register their bicycles by making application to the chief of police on a form provided by the city and shall pay a fee of fifty cents ($0.50), and shall receive a license upon approval by the licensing authority. The license shall be permanently affixed to the left side of the vertical section of the frame under the seat. Licenses expire upon transfer of ownership, except when the transfer occurs within a family. 238 of 631 99-O-12 ~5~ No person shall wilfully remove, destroy or alter the manufacturer's serial number or any number used for registration or any bicycle license on any bicycle frame. 10-9-3: - UNREGISTERED BICYCLES: The chief of police or his designee shall ticket unregistered bicycles. Upon receipt of proof of ownership and evidence of payment of the registration fee, a permanent registration plate shall be affixed to the bicycles and the ticket may be voided. Bicycles unclaimed by owner may be disposed of pursuant to section 9-7-3 of this code. 10-9-4: - OPERATION: (A) Every person operating a bicycle upon a roadway shall be granted all the rights and be subject to all of the duties applicable to the operator of a vehicle by the laws of this state except as to special regulations in this chapter and those provisions which by their nature have no application. (B) Every person operating a bicycle upon the roadway at less than normal speed of traffic shall ride as close as practicable to the right hand curb or edge of the roadway except when passing another vehicle proceeding in the same direction, when preparing for a turn, or when reasonably necessary to avoid conditions that make it unsafe to continue along the right hand curb or edge. (C) No bicycle riding on sidewalks is permitted in the central business district designated as D1, D2 and D3 districts in the proposed Evanston zoning ordinance or in any other district where signs prohibiting sidewalk riding are posted. When riding on sidewalks where permitted, such person shall yield the right of way to any pedestrian, shall give an audible signal before overtaking and passing such pedestrian, and shall have the bicycle under control at all times. (D) The operator of a bicycle shall not suddenly stop, slow down or turn without giving a legal arm signal. A continuous arm signal need not be given if the hand is needed in the control or continuous operation of the bicycle. (E) No bicycle shall be operated if its mechanical condition shall impair the safe operation of the bicycle. (F) No person shall operate a bicycle at a speed or in a reckless manner such that the safety of others is endangered. (G) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. (H) No person operating a bicycle shall carry any package, bundle or article which prevents the use of both hands upon the handlebars or obstructs the operator's vision. 239 of 631 99-O-12 ~6~ (I) No person while operating a bicycle shall cling or attach himself or the bicycle to any other moving vehicle or object. (J) No bicycles shall be operated on a public roadway so as to obstruct motor vehicle traffic. (K) No person shall ride a bicycle on a public roadway or sidewalk while using any device which would impede awareness of auditory or visual warning signals. (L) No person shall ride a bicycle on a public roadway or sidewalk in a reckless manner, such as riding on one wheel or performing any other stunts. (M) Any person operating or riding a bicycle in any alley in the City of Evanston assumes the risk of operating that bicycle in any alley as that person shall not be considered to be an intended user of an alley. The City shall have no duty to upgrade and maintain alleys for purposes of bicyclists operating bicycles in alleys. Persons operating or riding a bicycle as an unintended user in an alley will not be liable for any fine under this subsection. 10-9-5: - EQUIPMENT: (A) Brakes: Every bicycle shall be equipped with a brake or brakes in good working order which will enable the operator to stop the bicycle within twenty five feet (25') from a speed of ten (10) miles per hour on dry, level, clean pavement. (B) Lamp; Reflector: No person may operate a bicycle on a public roadway, bicycle lane, or sidewalk during hours of darkness unless such bicycle is equipped with, or the operator is wearing, a lamp emitting a white light visible at least five hundred feet (500') to the front; and such bicycle shall also be equipped with a red reflector visible from a distance of five hundred feet (500') to the rear. (C) Siren Or Whistle Prohibited: A bicycle shall not be equipped with, nor shall any person use upon a bicycle, any siren or whistle. (D) Helmets: Every person under the age of eighteen (18) years shall wear a protective helmet that meets the standards promulgated by either the American National Standards Institute, the American Society for Testing, or the Snell Memorial Foundation, Inc., whenever that person is upon a public highway, sidewalk, bicycle path or other public right of way within the corporate limits of the city and is riding or being carried on any bicycle or any carrier attached to or pulled by a bicycle. 240 of 631 99-O-12 ~7~ 10-9-6: - PARKING: No person shall park any bicycle in such a manner as to constitute a hazard to pedestrians, traffic or property. 10-9-7: - BICYCLE ROUTES: The traffic engineer, by and with the consent of the city council, is authorized to designate certain streets or portions thereof as bicycle routes and/or may prohibit bicycle traffic. Upon such designation, signs shall be erected giving notice thereof. No person may ride upon a street, roadway or sidewalk upon which is posted a sign prohibiting bicycle traffic. Bicyclists operating or riding bicycles in an alley are not intended users of the alley. 10-9-8: - RENTAL AGENCIES: A rental agency shall not rent or offer any bicycle for rent unless the rental agency properly registers the bicycle, attaches a license thereto, and such bicycle is equipped with the equipment required for safe operation. 10-9-9: - RESPONSIBILITY OF PARENT: The parent or guardian of any juvenile shall not permit said juvenile to violate any of the provisions of this chapter. The parent shall cooperate with the police department in achieving compliancy with bicycle safety rules with said juvenile violator in his care. 10-9-10: - PENALTIES: Any person who violates any of the provisions of this chapter shall be subject to the following penalties: (A) The violator will be given a leaflet on bicycle safety and asked to comply with bicycle regulations, or (B) For violators under the age of seventeen (17), a letter of reprimand shall be addressed to the offender and the parents/guardian of the offender. In addition, a warning or a ticket may be issued, if appropriate, or (C) Offenders may be subject to a fine in accordance with motor vehicle laws, provided that said fines are not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each violation, or (D) For violations of subsections 10-9-4(A), (B), (D), (E) and (G) through (L) of this chapter which the issuing officer determines that a court appearance is not required, fine is ten dollars ($10.00), with an additional penalty of five dollars ($5.00) if paid after the expiration of ten (10) days from the day the ticket was 241 of 631 99-O-12 ~8~ issued. If the officer determines that a court appearance is in order, e.g., because of the particular circumstances and/or because of the offender's history of bicycle related violations, the minimum fine shall be twenty five dollars ($25.00) and the maximum shall be five hundred dollars ($500.00). (E) For violation of subsection 10-9-4(C) of this chapter, in which the issuing officer determines that a court appearance is not required, the fine is fifteen dollars ($15.00), with an additional ten dollars ($10.00) if paid after the expiration of ten (10) days from the day the ticket was issued. If the officer determines that a court appearance is in order, e.g., because of the particular circumstances and/or because of the offender's history or bicycle related violations, the minimum fine shall be thirty five dollars ($35.00) and the maximum shall be five hundred dollars ($500.00). (F) For violation of subsection 10-9-4(F) of this chapter, in which the issuing officer determines that a court appearance is not required, the fine is twenty five dollars ($25.00) with an additional ten dollars ($10.00), if paid after the expiration of ten (10) days from the day the ticket was issued. If the officer determines that a court appearance is in order, the minimum fine shall be fifty dollars ($50.00) and the maximum shall be five hundred dollars ($500.00). 10-9-11: - ENFORCEMENT: The chief of police and/or his designee has the power and responsibility for the enforcement of bicycle regulations. SECTION 3: That Title 10, Chapter 1, Section 3 of the City Code is hereby amended as follows: 10-1-3: - DEFINITIONS: The following words and phrases when used in this title shall, for the purposes of this title, have the meanings respectively ascribed to them in this section, except when the context otherwise requires; in the event that no definition is provided herein for a word or phrase used in this title, the meaning shall be determined by reference to the Illinois Motor Vehicle Code, 625 ILCS 5/ et seq., as amended. ALLEY: A public way within a block, generally giving access to the rear of lots or buildings and not used for general traffic circulation. BICYCLE: Every device, other than a vehicle, propelled by human power upon which any person may ride, having two (2) tandem wheels either of which is more than sixteen inches (16") in diameter, except scooters and similar devices. BUSINESS The territory contiguous to and including a street when within any six 242 of 631 99-O-12 ~9~ DISTRICT: hundred feet (600') along such street there are buildings in use for business or industrial purposes, including, but not limited to, hotels, banks or office buildings, railroad stations and public buildings which occupy at least three hundred feet (300') of frontage on one side or three hundred feet (300') collectively on both sides of the street. COMMERCIAL VEHICLE: Any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for hire or not for hire, not including, however, a recreational vehicle not being used commercially. CONTROLLED ACCESS HIGHWAY: Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway. CROSSWALK: (A) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway. (B) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface placed in accordance with the provisions in the manual adopted by the Illinois Department of Transportation, as authorized in ILCS 5/11-301 of the vehicle code. DEALER: Every person engaged in the business of buying, selling or exchanging vehicles and who has an established place of business for such purpose in this state. DRIVER OR OPERATOR: Every person who drives or is in actual physical control of a vehicle. HIGHWAY: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. INTERSECTION: (A) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles or the area within which vehicles traveling upon different roadways joining at any other angle may come in conflict. (B) Where a highway includes two (2) roadways forty feet (40') or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. (C) The junction of an alley with a street or highway does not constitute an intersection. LANED ROADWAY: A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic. LOADING ZONE: The space adjacent to a curb reserved for the exclusive use of vehicles 243 of 631 99-O-12 ~10~ during the loading or unloading of passengers or material. MERGING TRAFFIC: A maneuver executed by the drivers of vehicles on converging roadways to permit entry into the junction thereof, wherein the driver of each vehicle involved is required to adjust his vehicular speed and lateral position so as to avoid a collision with any other vehicle. MOTOR ASSISTED: A device capable of being propelled by human and motorized power. MOTOR ASSISTED BICYCLE: A device capable of being propelled by both human and motorized power upon which any person may ride, having two (2) tandem wheels. MOTOR ASSISTED PEDICYCLE: A pedal driven device capable of being propelled by human and motorized power upon which any person may ride, having two (2) tandem wheels. MOTOR VEHICLE: Every vehicle which is self-propelled, but not operated upon rails. MOTORCYCLE: Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor. MOTORIZED ROLLER- SKATES: Devices worn on the feet with a combination of wheels which are motorized. This definition includes devices commonly known as in-line skates. MOTORIZED SCOOTER: Any electric or gas driven wheeled scooter, motor driven cycle, or other similar motor driven vehicle for which the state of Illinois does not issue a title document, and does not issue license plates or registration documents. MOTORIZED SKATE-BOARDS: Devices with two (2) or more tandem axles and a combination of wheels connected by a platform designed for standing which are motorized. NATIONAL HOLIDAY: January 1, the third Monday in January (Martin Luther King Day),the last Monday in May (Memorial Day), July 4, the first Monday in September (Labor Day), the fourth Thursday in November (Thanksgiving Day) and December 25. When a holiday falls on a Saturday it shall be observed on the previous Friday. When a holiday falls on a Sunday it shall be observed on the following Monday. NEGLIGENT: Without due care and caution, or without due regard to the width, grade, curves, corners, traffic and other attendant conditions of streets, highways, roads or other ways used for vehicular traffic within the city limits. OWNER: A person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the condition stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purposes of this title. 244 of 631 99-O-12 ~11~ PARK OR PARKING: The standing of a vehicle, whether occupied or not, otherwise than when temporarily and actually engaged in loading or unloading merchandise or passengers. PASSENGER VEHICLE: A motor vehicle, not a truck or recreational vehicle, designed for the carrying of not more than ten (10) persons. PEDESTRIAN: Any person afoot. PERSON: Every natural person, firm, copartnership, association or corporation. POLICE OFFICER: Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. PRINCIPAL PLACE OF BUSINESS: The place where any person transacts his principal business, or where he makes up and approves his payroll, maintains a central file of records and maintains his principal executive offices. In the event that not all of these functions are performed in one place, then that place where a majority of such functions are performed or the place where such person does in fact principally transact and control his business affairs. PRIVATE ROAD OR DRIVEWAY: Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons. RAILROAD: A carrier of persons or property upon cars, other than streetcars, operated upon stationary rails. RAILROAD SIGN OR SIGNAL: Any sign, signal or device other than an official traffic control device erected in accordance with the laws governing same and intended to give notice of the presence of railroad tracks or the approach of a railroad train. RAILROAD TRAIN: A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars. RECKLESSNESS: A person is reckless or acts recklessly when he consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation. Actual damage to person or property is not a prerequisite to a determination that a person acted "recklessly". RECREATIONAL VEHICLE: Every vehicle originally designed or permanently converted and used for living quarters or for human habitation and not used as a commercial vehicle, including any house car, house trailer, camper or private living coach. RESIDENCE DISTRICT: The territory contiguous to and including a street not comprising a business district when the property on such street for a distance of three hundred feet (300') or more is in the main improved with residences or residences and buildings in use for business. RIGHT OF WAY: The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other. 245 of 631 99-O-12 ~12~ ROAD TRACTOR: Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. ROADWAY: That portion of a street improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a street includes two (2) or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately, but not to all such roadways collectively. SAFETY ZONE: The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. SCHOOL BUS: Every motor vehicle owned or operated by or for a public or governmental agency or by or for a private or religious organization for the transportation of pupils in connection with any school activity. SEMITRAILER: Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. SIDEWALK: That portion of a street between the curb line, or the lateral lines of roadway, and the adjacent property line intended for the use of pedestrians. STAND OR STANDING: Halting of a vehicle, whether occupied or not, otherwise than when temporarily and actually engaged in receiving or discharging passengers. STOP: When required, means complete cessation from movement. STREET: The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. TAXICAB: Any public passenger vehicle transporting passengers for hire on a trip basis to or from a destination as directed by the passenger. The vehicle must be equipped with a taximeter. THROUGH STREET OR HIGHWAY: Every highway or portion thereof on which vehicular traffic is given preferential right of way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right of way to vehicles on such through highway in obedience to either a stop sign or a yield sign, when such signs are erected as provided in this title. TRAFFIC: Pedestrians, ridden or herded animals, vehicles and other conveyances, either singly or together, while using any street for purposes of travel. TRAFFIC CONTROL DEVICE: Any sign or marking erected, installed, painted or affixed to or adjacent to a roadway or entries to roadways giving notice to vehicle operators of the existence of restrictions on the use, movement, parking or standing of any motor vehicle, pursuant to the provisions of this title or the Illinois vehicle code [247]. 246 of 631 99-O-12 ~13~ TRAFFIC CONTROL SIGNAL: Any device whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed. TRAILER: Every vehicle without motive power in operation, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. TRUCK: Every motor vehicle designed, used or maintained primarily for the transportation of property. TRUCK TRACTOR: Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. VEHICLE: Every device in, upon or by which any person or property is or may be transported or drawn upon a street, except devices moved by human power or used exclusively upon stationary rails or tracks. YIELD RIGHT OF WAY: When required by an official sign, means the act of granting the privilege of the immediate use of the intersecting roadway to traffic within the intersection and to vehicles approaching from the right or left, but when the roadway is clear, may proceed into the intersection. SECTION 4: That if any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. The terms and provisions of this Chapter shall be liberally construed so as to effectuate the purposes set forth in this Ordinance. Each and every recital and legislative finding regarding this Chapter is to be construed and interpreted severally. SECTION 5: That all ordinances or parts of ordinances in conflict herewith are hereby unconditionally repealed in their entirety. It is the intent of the City of Evanston City Council that this repeal of all prior ordinances shall operate as a bar to any action accruing on or after the effective date of this Ordinance. No action accruing after the effective date of this Ordinance may be maintained. 247 of 631 99-O-12 ~14~ SECTION 6: That this Ordinance 99-O-12 shall be in full force and effective as of June 1, 2010, nunc pro tunc. SECTION 7: That in accordance with the Tort Immunity Act, 745 ILCS 10/3-102(b), the City shall not be deemed to have constructive notice of a condition in an alley as it pertains to unintended bicyclists in alleys, because the City does not maintain an inspection system to discover a condition which may affect unintended bicyclists in alleys. SECTION 8: That 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 248 of 631 For City Council meeting of September 24, 2012 Item A7 Ordinance 100-O-12: Decreasing Class C Liquor Licenses due to Hota Closure For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 100-O-12, Decreasing the number of Class C Liquor Licenses due to closure of Hota Restaurant Date: September 7, 2012 Recommended Action: Staff recommends adoption of Ordinance 100-O-12. Funding Source: N/A Summary: Ordinance 100-O-12 amends Subsection 3-5-6-(C) of the Evanston City Code of 1979 (“City Code”), as amended, to decrease the number of Class C liquor licenses from 29 to 28 due to the closure of Hota Restaurant, 2545 Prairie Avenue. This ordinance amends the City Code to reflect withdrawal of the Class C liquor license previously issued to the restaurant. Legislative History: Ordinance 83-O-11, adopted October 24, 2011, authorized a Class C Liquor License to Jacky’s On Prairie, later re-named Hota. Attachments: Ordinance 100-O-12 Memorandum 249 of 631 9/6/2012 100-O-12 AN ORDINANCE Amending City Code Subsection 3-5-6-(C) to Decrease the Number of Class C Liquor Licenses from Twenty-Nine to Twenty-Eight (Closure of Hota, 2545 Prairie 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 decreasing the number of Class C liquor licenses from twenty-nine (29) to twenty-eight (28), 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 twenty-nine (29) twenty-eight (28) such licenses shall be in force at any one time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 250 of 631 100-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 251 of 631 For City Council meeting of September 24, 2012 Item A8 Ordinance 101-O-12: Class N Liquor License for Whole Foods For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 101-O-12, Increasing the number of Class N Liquor Licenses for issuance to Whole Foods, 1111 Chicago Ave. Date: September 7, 2012 Recommended Action: Staff recommends adoption of Ordinance 101-O-12. Funding Source: N/A Summary: Ordinance 101-O-12 amends Subsection 3-5-6-(N) of the Evanston City Code of 1979 (“City Code”), as amended, to increase the number of Class N liquor licenses from six to seven to permit issuance to Whole Foods Market, 1111 Chicago Avenue. Whole Foods Market currently holds a Class O liquor license for the sale of beer and wine. Whole Foods has submitted an application to upgrade to a Class N license. Adoption of this ordinance will permit issuance of a Class N license for the sale of beer, wine, and alcoholic liquor. Ordinance 101-O-12 is accompanied by Ordinance 102-O-12 which, if adopted, will withdraw the Class O liquor license currently held by Whole Foods Market. Legislative History: On August 23, 2012, the Liquor Control Review Board met and voted to recommend an increase in the number of Class N liquor licenses to permit issuance to Whole Foods Market, 1111 Chicago Ave. Attachments: Ordinance 101-O-12 Application Minutes of August 23, 2012 Liquor Control Review Board meeting Memorandum 252 of 631 9/6/2012 101-O-12 AN ORDINANCE Amending City Code Subsection 3-5-6-(N) to Increase the Number of Class N Liquor Licenses from Six to Seven (Whole Foods Market Group, Inc., d/b/a Whole Foods Market, 1111 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-(N) of the Evanston City Code of 1979, as amended (“City Code”), is hereby further amended by increasing the number of Class N liquor licenses from six (6) to seven (7), to read as follows: (N) Class N licenses, which shall authorize the retail sale of alcoholic liquor in grocery stores, combination stores as defined in Section 3-5-1 of this Chapter, and wholesale clubs requiring membership in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. The applicant for such license shall pay an initial fee of thirty-five thousand ($35,000.00) and thereafter an annual fee of eleven thousand five hundred dollars ($11,500.00). 1. It shall be unlawful for a Class N licensee to sell a single container of beer unless the volume of the container is greater than forty (40) ounces or 1.18 liters. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this subsection. Nothing in this subsection shall be construed as prohibiting the sale of packages containing six single containers of beer, including such packages consisting of various single containers of beer chosen by the consumer. 2. It shall be unlawful for a Class N licensee to sell a single container of wine unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 3. It shall be unlawful for a Class N licensee to sell a single container of alcoholic liquor, except beer and wine which are regulated by 253 of 631 101-O-12 ~2~ subsections 1 and 2 above, unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 4. The sale of alcoholic liquor at retail pursuant to the Class N license may begin after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 12:00 midnight on any day. 5. No such license may be granted to an establishment that is located within five hundred (500) feet of a licensee holding a class N liquor license. 6. A Class N licensee shall provide a minimum of twelve thousand (12,000) square feet of production, preparation, and display area in which products are prepared and are for sale. The total number of Class N licenses in effect at any one (1) time shall not exceed six (6) seven (7). SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 254 of 631 101-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 255 of 631 256 of 631 257 of 631 258 of 631 259 of 631 260 of 631 261 of 631 262 of 631 263 of 631 264 of 631 265 of 631 Final Page 1 of 3 Liquor Control Board MEETING MINUTES Liquor Control Board Thursday, August 23, 2012 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Byron Wilson and Elizabeth Tisdahl Members Absent: Patrick Hughes, Marion Macbeth, Richard Peach Staff Present: W. Grant Farrar and Theresa Whittington Others Present: David Skrodzki, Michael Smylie, Edward J. Kus, Adam Mutolo, Irene Bahr, Niki Mohrlant Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor Call to Order The Local Liquor Control Commissioner Tisdahl called the meeting to order at 11:00 a.m. All attendees introduced themselves and specified his/her role related to the meeting. NEW BUSINESS Smylie Brothers Restaurant and Brewery Smylie Brothers Brewing Co.,, LLC dba Smylie Brothers Restaurant and Brewery, 1615 Oak Avenue, Evanston, IL 60201 owner Michael Smylie was present. Mr. Smylie explained his business plan to open a 200 seat restaurant featuring craft beer. The restaurant will offer American regional dishes such as barbeque and pizza. The restaurant and brewery will occupy the entire 8,400 square feet of the former Illinois Unemployment Office that has sat vacant for the past two years. Mr. Smylie was born in Evanston and has lived on the north side all of his life. He was a commodities trader for ten years. Five years ago, he sold his business and attended school to become a chef and restaurant manager. He has spent the past five years working at various restaurants throughout the city and north side. He feels these efforts have put him in am advantageous position to make this project a success. He describes this venture as his project of passion. He anticipates that at least 60% of revenue will come from the sale of food in the restaurant. He describes the core demographic for the restaurant and brewery as educated professionals above the age of 25. The Local Liquor Control Commissioner asked the members if there were any concerns over Mr. Smylie’s request. No concerns were voiced. The board recommends issuing 266 of 631 Final Page 2 of 3 Liquor Control Board a Class T Liquor License to be introduced at the City Council meeting on September 24, 2012. Trader Joe’s Trader Joe’s East, Inc. dba Trader Joe’s, 1211 Chicago Ave., Evanston, IL 60202 Attorney Edward Kus of Shefsky & Froelich and Trader Joe’s Regional Vice President, Adam Mutolo were present. Mr. Kus explained that the store would be located at 1211 Chicago Avenue and will be approximately 13,000 square feet. 2,000 sq. ft. will be dedicated to the sale of beer and wine. Mr. Mutolo explained that Trader Joe’s has been trying to find an opportunity in Evanston for a long time and is excited that a location has been decided on. The Local Liquor Control Commissioner asked if the store layout has been presented to the Chief of Police for review. Mr. Mutolo was not sure if the Police Chief has reviewed the layout. He explained that Trader Joe’s has its beer and wine displayed at the end of the store experience near the checkout counters and management office area. Grant Farrar will forward copy of layout to the Evanston police department. The Local Liquor Control Commissioner asked the members if there were any concerns over Mr. Kus’ and Mr. Mutolo’s request. No concerns were voiced. The board recommends issuing a Class O Liquor License to be introduced at the City Council meeting on September 24, 2012. Whole Foods Market WFM-WO Inc., dba Whole Foods Market, 1111 Chicago Ave., Evanston, IL 60202 Irene Bahr, outside Liquor Counsel and Nicki Mohrlant Store Manager were present. Ms. Bahr explained that Whole Foods currently holds a class O license. Whole foods Market is interested in selling organic and specialty sprits and would like to upgrade its existing class O license to a class N. Ms. Mohrlant explained that the spirits will be located in a 3 by 6 foot area located between registers five and six, behind the point of purchase. The Local Liquor Control Commissioner shared a concern on behalf of Alderman Melissa Wynne. Alderman Wynne is concerned about increased truck traffic in the area. Ms. Mohrlant responded that she did not foresee increased truck traffic as posing an issue in the area. Deliveries are only received in the back of the store between the hours of 7 a.m. to 1 p.m. any vendor delivering spirits would have to adhere to that same policy. Ms. Mohrlant anticipates delivery of spirits from one to two vendors. The Local Liquor Control Commissioner suggested that Whole Foods Market contact the Alderman and discuss the truck delivery issue prior to the matter going to City council. Grant Farrar asked for clarification on which locations are seeking an upgrade. Ms. Bahr explained that Whole Foods Market is only seeking a an upgrade to Class N for its location at 111 Chicago Avenue. Local Liquor Control Commissioner asked the members if there were any other concerns over Ms. Bahr’s and Ms. Mohrlant’s request. No concerns were voiced. The board recommends issuing a Class N Liquor License to be introduced at the City 267 of 631 Final Page 3 of 3 Liquor Control Board Council meeting on September 24, 2012, contingent on Whole Foods Market discussing the truck traffic issue with Alderman Wynne. Karaoke Establishment A Karaoke establishment reached out to former Liquor Licensing Manager, Wendy McCambridge. Prior to this meeting, the establishment was contacted and it withdrew its interest in seeking a liquor license at this time. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor at 11:27 p.m., August 23, 2012. Respectfully Submitted, Theresa Whittington Administrative Adjudication/Liquor Licensing Manager, Legal Department 268 of 631 For City Council meeting of September 24, 2012 Item A9 Ordinance 102-O-12: Decreasing Class O Liquor Licenses Whole Foods For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 102-O-12, Decreasing the number of Class O Liquor Licenses for Class N issuance to Whole Foods, 1111 Chicago Ave. Date: September 7, 2012 Recommended Action: Staff recommends adoption of Ordinance 102-O-12. Funding Source: N/A Summary: Ordinance 102-O-12 amends Subsection 3-5-6-(O) of the Evanston City Code of 1979 (“City Code”), as amended, to decrease the number of Class O liquor licenses from three to two. This ordinance accompanies Ordinance 101-O-12. If adopted, Ordinance 101-O-12 permits issuance of a Class N liquor license to Whole Foods Market, 1111 Chicago Avenue, thus making obsolete the Class O license now held by Whole Foods. Adopting this ordinance will withdraw the Class O liquor license issued to Whole Foods, 1111 Chicago Avenue. Legislative History: On August 23, 2012, the Liquor Control Review Board met and voted to recommend an increase in the number of Class N liquor licenses to permit issuance to Whole Foods Market, 1111 Chicago Ave. Attachments: Ordinance 102-O-12 See Agenda item A8 for Minutes of August 23, 2012 Liquor Control Review Board meeting Memorandum 269 of 631 9/6/2012 102-O-12 AN ORDINANCE Amending City Code Subsection 3-5-6-(O) to Decrease the Number of Class O Liquor Licenses from Three to Two (Whole Foods Market Group, Inc., d/b/a Whole Foods Market, 1111 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-(O) of the Evanston City Code of 1979, as amended (“City Code”), is hereby further amended by decreasing the number of Class O liquor licenses from three (3) to two (2), to read as follows: (O) CLASS O licenses, which shall authorize the retail sale of beer and wine in grocery stores and combination stores as defined in Section 3-5-1 of this Chapter, and in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. The applicant for such license shall pay an initial fee of twenty thousand dollars ($20,000.00) and thereafter an annual fee of four thousand one hundred dollars ($4,100.00). 1. It shall be unlawful for a Class O licensee to sell a single container of beer unless the volume of the container is greater than forty (40) ounces or 1.18 liters. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this subsection. Nothing in this subsection shall be construed as prohibiting the sale of packages containing six single containers of beer, including such packages consisting of various single containers of beer chosen by the consumer. 2. It shall be unlawful for a Class O licensee to sell a single container of wine unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 3. The sale of alcoholic liquor at retail pursuant to the Class O license may begin after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 12:00 midnight on any day. 270 of 631 102-O-12 ~2~ 4. A Class O licensee shall provide a minimum of twelve thousand (12,000) square feet of production, preparation, and display area in which products are prepared and are for sale. The total number of Class O licenses in effect at any one (1) time shall not exceed three (3) two(2). SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: _________________________, 2012 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 271 of 631 For City Council meeting of September 24, 2012 Item A10 Ordinance 103-O-12: Increasing Class O Liquor Licenses Trader Joe’s For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 103-O-12, Increasing the number of Class O Liquor Licenses for issuance to Trader Joe’s Date: September 7, 2012 Recommended Action: Staff recommends adoption of Ordinance 103-O-12. Funding Source: N/A Summary: Ordinance 103-O-12 amends Subsection 3-5-6-(O) of the Evanston City Code of 1979 (“City Code”), as amended, to increase the number of Class O liquor licenses from two to three, permitting issuance to Trader Joe’s East, Inc., d/b/a, Trader Joe’s, 1211 Chicago Avenue. Trader Joe’s submitted its Class O application, and shareholder background check results are pending. Legislative History: On August 23, 2012, the Liquor Control Review Board met and voted to recommend an increase in the number of Class O liquor licenses to permit issuance to Trader Joe’s, 1211 Chicago Ave. Attachments: Ordinance 103-O-12 Application See Agenda item A8 for Minutes of August 23, 2012 Liquor Control Review Board meeting Memorandum 272 of 631 9/6/2012 103-O-12 AN ORDINANCE Amending City Code Subsection 3-5-6-(O) to Increase the Number of Class O Liquor Licenses from Two to Three (Trader Joe’s East, Inc., d/b/a Trader Joe’s, 1211 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-(O) of the Evanston City Code of 1979, as amended (“City Code”), is hereby further amended by decreasing the number of Class O liquor licenses from two (2) to three (3), to read as follows: (O) CLASS O licenses, which shall authorize the retail sale of beer and wine in grocery stores and combination stores as defined in Section 3-5-1 of this Chapter, and in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. The applicant for such license shall pay an initial fee of twenty thousand dollars ($20,000.00) and thereafter an annual fee of four thousand one hundred dollars ($4,100.00). 1. It shall be unlawful for a Class O licensee to sell a single container of beer unless the volume of the container is greater than forty (40) ounces or 1.18 liters. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this subsection. Nothing in this subsection shall be construed as prohibiting the sale of packages containing six single containers of beer, including such packages consisting of various single containers of beer chosen by the consumer. 2. It shall be unlawful for a Class O licensee to sell a single container of wine unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 3. The sale of alcoholic liquor at retail pursuant to the Class O license may begin after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 12:00 midnight on any day. 273 of 631 103-O-12 ~2~ 4. A Class O licensee shall provide a minimum of twelve thousand (12,000) square feet of production, preparation, and display area in which products are prepared and are for sale. The total number of Class O licenses in effect at any one (1) time shall not exceed two (2) three (3). SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: _________________________, 2012 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 274 of 631 275 of 631 276 of 631 277 of 631 278 of 631 279 of 631 280 of 631 281 of 631 282 of 631 283 of 631 284 of 631 285 of 631 286 of 631 287 of 631 288 of 631 289 of 631 290 of 631 291 of 631 292 of 631 293 of 631 294 of 631 295 of 631 296 of 631 297 of 631 298 of 631 299 of 631 300 of 631 301 of 631 302 of 631 For City Council meeting of September 24, 2012 Item A11 Ordinance 104-O-12: Creating O-1 Liquor License for Jayharipath, Inc – 7-Eleven For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 104-O-12, Creating O-1 Liquor License Classification and permitting issuance to Jayharipath, Inc., d/b/a 7-Eleven Date: September 7, 2012 Recommended Action: Staff recommends adoption of Ordinance 104-O-12. Funding Source: N/A Summary: Ordinance 104-O-12 amends Title 3 Chapter 5 Section 6 of the Evanston City Code of 1979 (“City Code”), as amended, to create the O-1 liquor license classification. Adoption of the ordinance will create a liquor license class applicable to grocery stores and combination stores with less than 12,000 square feet of production, preparation, and display area. Regulations applicable to Class O licensees are incorporated in Ordinance 104-O-12 and will apply to any Class O-1 licensee. This ordinance permits issuance of one O-1 license for Jayharipath, Inc., d/b/a 7-Eleven, 817 Emerson. Legislative History: On April 5, 2012, the Liquor Control Review Board met and reviewed an application submitted by Jayharipath, Inc., d/b/a 7-Eleven, 817 Emerson Street. The applicant sought a license to sell beer and liquor; however, the business did not fall within any of the current liquor license classifications. The application was approved pending completion of an Evanston Police Department review and creation of a new class. Attachments: Ordinance 104-O-12 Application Minutes of April 5, 2012 Liquor Control Review Board meeting Memorandum 303 of 631 9/6/2012 104-O-12 AN ORDINANCE Amending City Code Section 3-5-6 to Create Subsection (O-1), Liquor License Classification O-1, and Permitting Issuance of One License (Jayharipath, Inc., d/b/a 7-Eleven, 817 Emerson St.) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Title 3, Chapter 5, Section 6 of the Evanston City Code of 1979, as amended (“City Code”), is hereby further amended by adding the following subsection: (O-1) CLASS O-1 licenses, which shall authorize the retail sale of beer and wine in grocery stores and combination stores as defined in Section 3-5-1 of this Chapter, and in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. The applicant for such license shall pay an initial fee of ten thousand dollars ($10,000.00) and thereafter an annual fee of two thousand fifty dollars ($2,050.00). 1. It shall be unlawful for a Class O-1 licensee to sell a single container of beer unless the volume of the container is greater than forty (40) ounces or 1.18 liters. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this subsection. Nothing in this subsection shall be construed as prohibiting the sale of packages containing six single containers of beer, including such packages consisting of various single containers of beer chosen by the consumer. 2. It shall be unlawful for a Class O-1 licensee to sell a single container of wine unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 3. The sale of alcoholic liquor at retail pursuant to the Class O-1 license may begin after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 12:00 midnight on any day. 304 of 631 104-O-12 ~2~ The total number of Class O-1 licenses in effect at any one (1) time shall not exceed one (1). SECTION 2: The one (1) Class O-1 license in effect pursuant to this Ordinance shall permit issuance to Jayharipath, Inc., d/b/a 7-Eleven, 817 Emerson Street in Evanston, Illinois. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: _________________________, 2012 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 305 of 631 306 of 631 307 of 631 308 of 631 309 of 631 310 of 631 311 of 631 312 of 631 313 of 631 314 of 631 315 of 631 316 of 631 317 of 631 318 of 631 319 of 631 320 of 631 FINAL Page 1 of 3 Liquor Control Board MEETING MINUTES Liquor Control Board Thursday, April 5, 2012 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Marion Macbeth, Byron Wilson and Elizabeth Tisdahl Members Absent: Richard Peach and Patrick Hughes Staff Present: W. Grant Farrar and Wendy McCambridge Others Present: Ron Cope (The Mather), David Kane (The Mather), Scott Bradley (The Alcove), Prakash Mohanty (7-Eleven), Mike Drop (7-Eleven), Ted Mavrakis (World of Beer), Ted Pirpiris (World of Beer), Jing Jie Shen (resident), Mary Gavin (Evanston Roundtable), Jonathan Bullington (TribLocal Evanston) Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor Call to Order The Local Liquor Control Commissioner Tisdahl called the meeting to order at 11:02 a.m. All attendees introduced themselves and roles related to the meeting. NEW BUSINESS The Mather Ron Cope, attorney for The Mather, and David Kane, Vice President for Senior Living at The Mather, were present as representatives for The Mather. The Mather would like to install and use a wine dispensing machine at The Mather located at 425 Davis Street, Evanston, IL 60201 and inquired whether the use of the machine fell within the license guidelines for a Class U liquor license. The representatives passed out written information regarding the machine and presented information regarding the machine capabilities and general operations. The machine would be used by the residents (seniors) which would be issued by management at The Mather and would be restricted to meal times. The machine would be programmable to be able to limit by individual card holder consumption and time frame. The Mayor requested that the sales be further limited to two (2) drinks during the time lunch and dinner will be served, between 12:00 P.M. until 6:00 P.M. The Mather representatives agreed. The Local Liquor Commissioner stated the use of the machine would not be contrary to the current liquor class definition. Mr. Farrar, Corporation Counsel for the City of Evanston, agreed. No ordinance amendment is required. The Alcove NSB Ventures, LLC dba The Alcove, 512 Main Street, Evanston, IL 60202 owner, Scott Bradley was present. 321 of 631 FINAL Page 2 of 3 Liquor Control Board Mr. Bradley explained his basic business plan to open a small café at the location. He is requesting the issuance of a Class C liquor license. The café will have ten (10) seats inside with the hope of some outside seating. Initially the café will be open for dinner and eventually will branch out into serving lunch. The Local Liquor Control Commissioner asked the members if there were any concerns over Mr. Bradley’s request. No concerns were voiced. The board recommends issuing a Class C Liquor License to be introduced at the City Council meeting on May 14, 2012. 7-Eleven #33888 Jayharipath, Inc. dba 7-Eleven #33888, 817 Emerson Street, Evanston, IL 60201 franchise owner, Prakash Mohanty and Field Consultant, Mike Drop was present. Mr. Drop expressed his desire to obtain a liquor license to sell beer and wine in the 7- Eleven. The application is based on the request of the customers of the convenience store. The Board was concerned checking the IDs of customers purchasing alcohol to prevent sale to underage persons. The cash registers require entry of the DOB in order to complete the sale. 7-Eleven has a program to check all franchises monthly regarding the sale of tobacco and/or alcohol to minors. The program is administered by an outside vendor. Mr. Farrar informed the Board that a new liquor class would need to be created. The managers/owners at 7-Eleven would have to attend BASSETT and submit proof of the certification. Mr. Farrar asked about the amount of floor area and stated that more information would be needed in order to draft the new liquor license class. The Commissioner informed the representatives of the need for the Evanston Police Department to meet with them to go over the placement of the alcohol within the store to deter theft of alcohol from the location. Mr. Drop indicated the intended placement of the alcoholic products would be the coolers at the rear of the store, farthest from the entrance of the store. Mr. Mohanty expressed sales would likely end at 10:00 p.m. A City Council date is pending the draft and approval of a new liquor license class and approved plan of placement of the alcohol for retail sale within the establishment. The application is approved pending the draft of the new license class and approved plan by the Evanston Police Department. Liquor License Class B2- Tavern Mr. Farrar introduced the draft of a new liquor class, B2, for a Tavern. The Commissioner explained that the ordinance was drafted as a request of the Administration and Public Works Committee of the City Council and not by the request of the Liquor Control Review Board. The Commissioner addressed Mr. Mavrakis, present on behalf of Evanston Pub, Inc doing business as World of Beer, 1601 Sherman Avenue, Evanston, IL 60201. She asked him to consider building a kitchen at the location thus changing the business model presented at a previous meeting which would enable the establishment to fit one of the existing liquor classes. Mr. Mavrakis expressed this was different than the business model World of Beers had offered to him earlier. The Commissioner stated she had researched World of Beers and had found that there was consideration to include a kitchen at some locations where food service would be available. She asked Mr. Mavrakis to request that the location in Evanston would be a test case. 322 of 631 FINAL Page 3 of 3 Liquor Control Board The Commissioner was not in favor of endorsing the B2 Liquor Class to be presented to City Council. Mr. Mavrakis asked what all his options would be regarding opening World of Beers. The options provided were to: 1) install an operational kitchen and offer food service to meet an existing liquor license class, 2) come back to the Liquor Control Board after community meetings with local hotel and restaurants and the downtown resident associations. If after the meetings the Board is in favor of the new liquor class, the ordinance would be introduced to City Council. 3) if after the community meetings the Liquor Control Board does not recommend the new liquor class, the City Council may still overrule and adopt the new liquor class B2-Tavern. The board asked Mr. Mavrakis to report his findings regarding a request by him to World of Beer corporate to install a kitchen and offer food service. If the request is not met favorably, a meeting date in the future will be set to allow for time for community meetings to be conducted on the topic of a Tavern, B2 liquor license class to be introduced to City Council at a future date to be determined. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor at 11:45 a.m., April 5, 2012. Respectfully Submitted, Wendy McCambridge Administrative Adjudication/Liquor Licensing Manager, Legal Department 323 of 631 For City Council meeting of September 24, 2012 Item A12 Ordinance 105-O-12: Increase Class T Liquor Licenses for Smylie Brothers For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 105-O-12, Increasing the Number of Class T Liquor Licenses Permitting Issuance to Smylie Bros. Restaurant and Brewery Date: September 7, 2012 Recommended Action: Staff recommends adoption of Ordinance 105-O-12. Funding Source: N/A Summary: Ordinance 105-O-12 amends Subsection 3-5-6-(T) of the Evanston City Code of 1979 (“City Code”), as amended, to increase the number of Class T liquor licenses from zero to one to permit issuance to Smylie Bros. Restaurant and Brewery, 1615 Oak Ave . Smylie Brothers Brewing Co., LLC, submitted an application and supporting documentation for a Class T license and the background check for shareholder Michael Smylie revealed no criminal record. Legislative History: On August 23, 2012, the Liquor Control Review Board met and voted to recommend an increase in the number of Class T liquor licenses to permit issuance to Smylie Bros. Restaurant and Brewery. Attachments: Ordinance 105-O-12 Application See Agenda item A8 for Minutes of August 23, 2012 Liquor Control Review Board meeting Memorandum 324 of 631 9/7/2012 105-O-12 AN ORDINANCE Amending City Code Subsection 3-5-6-(T) to Increase the Number of Class T Liquor Licenses from Zero to One (Smylie Brothers Brewing Co., LLC d/b/a Smylie Bros. Restaurant and Brewery, 1615 Oak Ave.) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 3-5-6-(T) of the Evanston City Code of 1979, as amended (“City Code”), is hereby further amended by decreasing the number of Class T liquor licenses from zero (0) to one (1), to read as follows: (T) CLASS T licenses, which shall authorize the retail sale of beer in combination brewpub restaurants, which beer is brewed by the licensee at any of its designated premises in a brew pub for consumption on or off the licensed premises and the sale of alcoholic liquor excluding beer for consumption on the premises where sold. Notwithstanding any of the foregoing, the on-premises consumption of beer and other alcoholic liquor is permitted only in the restaurant area. No class T license may be granted to, or retained by, an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-5-1 of this Chapter. Establishments holding class T licenses must have some food service available when alcoholic liquor, including beer brewed at any of the licensee's designated locations, is being sold. Class T licenses authorize retail sales of beer for off-premises consumption only in original packages to persons of at least twenty-one (21) years of age, class T licenses shall be issued only to premises located within the core area. Each class T license shall be subject to the following conditions: 1. It shall be unlawful for a class T licensee to sell a single container of beer for off-premises consumption unless the container is greater than or equal to forty (40) fluid ounces or 1.18 liters. 2. Beer purchased in original packages for consumption off the licensed premises shall not be consumed in the restaurant. All beer sold for consumption off the premises shall be placed in a paper or plastic bag prior to its delivery to the purchaser. 325 of 631 105-O-12 ~2~ 3. It shall be unlawful for the holder of a class T license to offer for sale at retail any beer in original packages for consumption off the premises where sold before the hour of ten o'clock (10:00) a.m., or after the hour of ten o'clock (10:00) p.m., on Monday through Thursday; before the hour of ten o'clock (10:00) a.m., or after the hour of eleven o'clock (11:00) p.m., Friday and Saturday; and before the hour of twelve o'clock (12:00) noon and after the hour of ten o'clock (10:00) p.m. on Sunday. 4. The combination brewpub restaurant must have a valid brew pub license from the State of Illinois for the brewing of beer. The annual fee for such license shall be . . . . . $7,500.00 The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-5-7 of this Chapter, shall be . . . . . . . . . . . . . . $7,875.00 No more than zero (0) one (1) such licenses shall be in force at any one (1) time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 326 of 631 105-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 327 of 631 328 of 631 329 of 631 330 of 631 331 of 631 332 of 631 333 of 631 334 of 631 335 of 631 336 of 631 337 of 631 338 of 631 339 of 631 340 of 631 341 of 631 342 of 631 343 of 631 344 of 631 345 of 631 346 of 631 For City Council meeting of September 24, 2012 Items A13-A1 7 Ordinances 87-O-12, 88-O-12. 89-O-12, 90-O-12, 91-O-12: Compensation For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinances 87-O-12, 88-O-12, 89-O-12, 90-O-12, and 91-O-12; Setting Compensation for Elected Officials Date: August 13, 2012 Recommended Action: The Compensation Committee recommends adoption of Ordinances 87-O-12, 88-O-12, 89-O-12, 90-O-12, and 91-O-12. These ordinances were introduced at the September 10, 2012 City Council meeting. Funding Source: Funding is provided by Account #1300.61010 in the General Fund for City officials. Funding is provided by the Township Budget for Township officials. Summary: The Ordinances reflect the recommendations of the Compensation Committee, which specified an annual salary increase of 2% per year for all elected officials. The Council accepted the Committee’s report on July 23, 2012. The Ordinances need to be approved by September 24, 2012 in order to comply with the Illinois Municipal Code, 65 ILCS 5/3.1-50-10. Attachments: Ordinances 87-O-12, 88-O-12, 89-O-12, 90-O-12, and 91-O-12 Memorandum 347 of 631 8/13/2012 87-O-12 AN ORDINANCE An Ordinance Setting Compensation for the Members of the Evanston City Council Following the Report and Recommendations of the Compensation Committee WHEREAS, pursuant to Section 1-5-9 of the City Code, the compensation of the members of the City Council was reviewed by a non-aldermanic compensation committee, and all municipal officers’ salaries must be fixed by ordinance pursuant to 65 ILCS 5/3.1-50-5; and WHEREAS, this compensation committee submitted a report and recommendations to the City Council, such recommendations which specified an annual salary increase of 2% per year for all elected officials; and WHEREAS, the City Council accepted the report and the recommendations on July 23, 2012. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 1-5-9 of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 1-5-9: COMPENSATION: The compensation to be paid to an Alderman elected April 2013 and taking office in May 2013 for his/her services per annum is hereby fixed as follows: (A) Commencing on and after the first regularly-scheduled meeting at which each Alderman elected April 2009 takes office May 2009, at the sum of twelve thousand dollars ($12,000) per annum, plus medical benefits. 348 of 631 87-O-12 ~2~ (A) May 1, 2013 – Twelve thousand two hundred forty dollars ($12,240). May 1, 2014 – Twelve thousand four hundred eighty five dollars ($12,485). May 1, 2015 – Twelve thousand seven hundred thirty five dollars ($12,735). May 1, 2016 – Twelve thousand nine hundred ninety dollars ($12,990). An Alderman may elect to receive medical benefits. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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: 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 349 of 631 8/13/2012 88-O-12 AN ORDINANCE An Ordinance Setting Compensation for the City Clerk Following the Report and Recommendations of the Compensation Committee WHEREAS, pursuant to Section 1-7-5 of the City Code, the compensation of the City Clerk was reviewed by a non-aldermanic compensation committee, and all municipal officers’ salaries must be fixed by ordinance pursuant to 65 ILCS 5/3.1-50-5; and WHEREAS, this compensation committee submitted a report and recommendations to the City Council, such recommendations which specified an annual salary increase of 2% per year for all elected officials; and WHEREAS, the City Council accepted the report and the recommendations on July 23, 2012. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 1-7-5 of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 1-7-5: COMPENSATION: The compensation to be paid to the City Clerk elected April 2013 and taking office in May 2013 for his/her services per annum is hereby fixed as follows: (A) Commencing on and after the first regularly-scheduled meeting at which the City Clerk elected April 2009 takes office May 2009, at the sum of fifty thousand dollars ($50,000.00) per annum, in twenty-six (26) bi-weekly installments, plus medical benefits. 350 of 631 88-O-12 ~2~ (A) May 1, 2013 – Fifty one thousand dollars ($51,000). May 1, 2014 – Fifty two thousand and twenty dollars ($52,020). May 1, 2015 – Fifty three thousand and sixty dollars ($53,060). May 1, 2016 – Fifty four thousand one hundred twenty dollars ($54,120). The Clerk shall receive this compensation in twenty six (26) bi-weekly installments, plus medical benefits. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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: 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 351 of 631 8/13/2012 89-O-12 AN ORDINANCE An Ordinance Setting Compensation for the Mayor Following the Report and Recommendations of the Compensation Committee WHEREAS, pursuant to Section 1-6-10 of the City Code, the compensation of the Mayor was reviewed by a non-aldermanic compensation committee, and all municipal officers’ salaries must be fixed by ordinance pursuant to 65 ILCS 5/3.1-50-5; and WHEREAS, this compensation committee submitted a report and recommendations to the City Council, such recommendations which specified an annual salary increase of 2% per year for all elected officials; and WHEREAS, the City Council accepted the report and the recommendations on July 23, 2012. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 1-6-10 of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 1-6-10: COMPENSATION: The compensation to be paid to the Mayor elected April 2013 and taking office in May 2013 for his/her services per annum is hereby fixed as follows: (A) Commencing on and after the first regularly-scheduled meeting at which the Mayor elected April 2009 takes office May 2009, at the sum of nineteen thousand dollars ($19,000) per annum, plus medical benefits. 352 of 631 89-O-12 ~2~ (A) May 1, 2013 – Nineteen thousand three hundred eighty dollars ($19,380). May 1, 2014 – Nineteen thousand seven hundred sixty eight dollars ($19,768). May 1, 2015 - Twenty thousand one hundred sixty three dollars ($20,163). May 1, 2016 – Twenty thousand five hundred sixty six dollars ($20,566). The Mayor shall also receive medical benefits. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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: 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 353 of 631 8/13/2012 90-O-12 AN ORDINANCE An Ordinance Setting Compensation for the Township Assessor Following the Report and Recommendations of the Compensation Committee WHEREAS, the compensation of all City and Township elected officials was reviewed by a non-aldermanic compensation committee; and WHEREAS, this compensation committee submitted a report and recommendations to the City Council; and WHEREAS, the City Council accepted the report and the recommendations on July 23, 2012; and WHEREAS, the regular municipal election shall be held on April 9, 2013, for the purpose of electing certain officials for the City of Evanston and for the Town of the City of Evanston, including Township Supervisor; and WHEREAS, the Illinois Township Code provides that in towns such as the Town of the City of Evanston all powers vested in such towns shall be exercised by the City Council. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the compensation of the Township Assessor of the Town of the City of Evanston, payable after election and qualification in 2013, shall be per annum as follows: May 1, 2013 – Eight thousand one hundred sixty dollars ($8,160). May 1, 2014 – Eight thousand three hundred twenty three ($8,323). 354 of 631 90-O-12 ~2~ May 1, 2015 – Eight thousand four hundred eighty nine ($8,489). May 1, 2016 – Eight thousand six hundred fifty eight ($8,658). SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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: 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 355 of 631 8/13/2012 91-O-12 AN ORDINANCE An Ordinance Setting Compensation for the Township Supervisor Following the Report and Recommendations of the Compensation Committee WHEREAS, the compensation of all City and Township elected officials was reviewed by a non-aldermanic compensation committee; and WHEREAS, this compensation committee submitted a report and recommendations to the City Council; and WHEREAS, the City Council accepted the report and the recommendations on July 23, 2012; and WHEREAS, the regular municipal election shall be held on April 9, 2013, for the purpose of electing certain officials for the City of Evanston and for the Town of the City of Evanston, including Township Supervisor; and WHEREAS, the Illinois Township Code provides that in towns such as the Town of the City of Evanston all powers vested in such towns shall be exercised by the City Council. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the compensation of the Township Supervisor of the Town of the City of Evanston, payable after election and qualification in 2013, shall be per annum as follows: May 1, 2013 – Thirteen thousand six hundred sixty eight dollars ($13,668). May 1, 2014 – Thirteen thousand nine hundred forty one dollars ($13,941). 356 of 631 91-O-12 ~2~ May 1, 2015 – Fourteen thousand two hundred nineteen dollars ($14,219). May 1, 2016 – Fourteen thousand five hundred three dollars ($14,503). SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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: 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 357 of 631 For City Council meeting of September 24, 2012 Item A18 Ordinance 92-O-12: To Negotiate Sale of Lots 1 & 2 at 1600 Foster Street For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Steve Griffin, Director of Community and Economic Development Dennis Marino, Division Manager, Planning & Zoning Sarah Flax, Housing Grants Administrator Jolene Saul, Housing Development Specialist – NSP2 Subject: Ordinance 92-O-12; Authorizing the City Manager to negotiate a sale contract for Lots 1 and 2, real property located at 1600 Foster Street Date: August 29, 2012 Recommended Action: Staff recommends adoption of Ordinance 92-O-12 authorizing the City Manager to negotiate a real estate contract to sell Lots 1 and 2, described in Resolution 63-R-12 that subdivides the City-owned property at 1600 Foster Street, Evanston, Illinois 60201 (the “Property”). This ordinance was introduced at the September 10, 2012 City Council meeting. Funding Source: N/A Summary: The City acquired the Property, comprising approximately 2.337 acres at 1600 Foster Street, to implement the first phase of Emerson Square, a new mixed-income housing development. Emerson Square is the second component of the City’s $18.15 million Neighborhood Stabilization Program 2 (“NSP2”) grant, awarded by HUD. In the first phase of Emerson Square, Lots 1 and 2 will be developed with 32 dwelling units located in multiple buildings. Lots 4 and 5 will be developed as a new park and new public street, respectively. Initially, Outlot A will be developed as parking for the residents of the Phase 1 apartments and Outlot B will be developed as a driveway to access the parking spaces in Outlot A. Lot 3 will be held for development as part of the second phase of Emerson Square. In Phase 2, a new residential building will be developed on Outlot A, new parking spaces Memorandum 358 of 631 Page 2 of 2 for the building on Lot 2 will be provided in a different location and Outlot B will be dedicated as a public street. Pursuant to City Code Section 1-17-4-2 (B), the City Council must adopt an ordinance directing the negotiation for the sale of City property by affirmative votes from two-thirds (2/3) of the elected officials. The notice of intent to sell said Property was published in the Evanston Review on September 6, 2012, which is in accordance with the City Code parameters regarding the sale of City property. Attachment: Ordinance 92-O-12 Plat of Subdivision 359 of 631 8/28/2012 92-O-12 AN ORDINANCE Authorizing the City Manager to Negotiate the Sale of a portion of City-Owned Real Property to be known as Lots 1 and 2, 1600 Foster Avenue, Evanston, Illinois NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized and directed to negotiate the sale of a portion of City owned real estate legally described in Exhibit A attached hereto and incorporated herein by reference. SECTION 2: The portion of real estate subject to the sale is Lots 1 and 2 of the proposed subdivision commonly known as “Emerson Square”, 1600 Foster Avenue, Evanston, Illinois 60201 (the “Subject Property”), as depicted on the proposed Plat of Subdivision before City Council as resolution 63-R-12. SECTION 3: Pursuant to Subsection 1-17-4-2-(B) of the Evanston City Code, 1979, as amended (the “City Code”), an affirmative vote of two-thirds (⅔) of the elected Aldermen is required to accept the recommendation of the City Manager on the negotiation authorized herein. The City reserves the right to reject any and all negotiations. SECTION 4: Pursuant to City Code Subsection 1-17-4-2-(B)-3, Notice of Intent to Sell Certain Real Estate by Negotiation was published in the Evanston Review, a newspaper in general circulation in the City on September 6, 2012, as shown in Exhibit B, attached hereto and incorporated herein by reference. Said publication was neither less than fifteen (15) nor more than thirty (30) days before the date on which the City Council 360 of 631 92-O-12 ~2~ considered adoption of this ordinance authorizing the City Manager to negotiate the sale of the Subject Property. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 7: 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 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 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 361 of 631 92-O-12 ~3~ EXHIBIT A LEGAL DESCRIPTION LOT A IN PLAT OF CONSOLIDATION OF LOTS 1 TO 8 IN BLOCK 6 IN MCNEILL’S ADDITION TO EVANSTON, AND PARTS OF LOTS 12 TO 16 IN BLOCK 4 IN GRANT AND JACKSON’S ADDITION TO EVANSTON, IN SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. Parcel Number: 10-13-209-021-0000 Real Estate Address: Lots 1 and 2 of the proposed subdivision commonly known as “Emerson Square”, 1600 Foster Avenue, Evanston, Illinois 60201 362 of 631 92-O-12 ~4~ EXHIBIT B NOTICE OF INTENT TO NEGOTIATE THE SALE OF CERTAIN CITY-OWNED REAL ESTATE INTEREST Public Notice is hereby given that on September 24, 2012, at 7:00 P.M., in the Council Chambers at 2100 Ridge Avenue, Evanston, Illinois, 60201, the Evanston City Council will consider adoption of an ordinance for the negotiated sale of the City's interest in certain real estate, Lots 1 and 2 of the proposed subdivision commonly known as “Emerson Square”, 1600 Foster Avenue, Evanston, Illinois 60201, as depicted on the proposed Plat of Subdivision and before Council as resolution 63-R-12, with the following legal description: LOT A IN PLAT OF CONSOLIDATION OF LOTS 1 TO 8 IN BLOCK 6 IN MCNEILL’S ADDITION TO EVANSTON, AND PARTS OF LOTS 12 TO 16 IN BLOCK 4 IN GRANT AND JACKSON’S ADDITION TO EVANSTON, IN SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. PIN: 10-13-209-021-0000 Said property is improved with a vacant structure and will be used for purposes as set forth in the underlying real estate sales contract, as allowed by the City Zoning Ordinance, but said property shall not be declared tax-exempt. 363 of 631 364 of 631 For City Council meeting of September 24, 2012 Item A19 Ordinance 93-O-12: Authorizing Sale of Lots 1 & 2 at 1600 Foster For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Steve Griffin, Director of Community and Economic Development Dennis Marino, Division Manager, Planning & Zoning Sarah Flax, Housing Grants Administrator Jolene Saul, Housing Development Specialist – NSP2 Subject: Ordinance 93-O-12; Authorizing the Sale Contract for Lots 1 and 2, real property located at 1600 Foster Street Date: August 29, 2012 Recommended Action: Staff recommends adoption of Ordinance 93-O-12 authorizing the City Manager to execute a real estate contract to sell Lots 1 and 2, portions of the vacant property at 1600 Foster Street, Evanston, Illinois 60201 (the “Property”), to CB Land, LLC. This ordinance was introduced at the September 10, 2012 City Council meeting. Funding Source: N/A Summary: The City acquired the Property, comprising approximately 2.337 acres at 1600 Foster Street, to implement the first phase of Emerson Square, a new mixed-income housing development. Emerson Square is the second component of the City’s $18.15 million Neighborhood Stabilization Program 2 (“NSP2”) grant, awarded by HUD. The property is subdivided into seven separate lots, as shown in the attached plat of subdivision and described in Resolution 63-R-12. Lots 1 and 2 will be sold to CB Land, LLC. Pursuant to City Code Section 1-17-4-2 (B), the City Council must adopt an ordinance directing the sale of the Property by affirmative votes from two-thirds (2/3) of the elected officials. The notice of intent to sell said Property was published in the Evanston Review on September 6, 2012, which is in accordance with the City Code parameters regarding the sale of City property. Memorandum 365 of 631 Page 2 of 2 Phase One of Emerson Square is fully financed through a combination of federal, state and City funds; private financing; and developer equity. Site preparation is underway, including demolition of existing structures. Lots 1 and 2, which will be developed with 32 residential rental units in multiple buildings, will be sold to CB Land, LLC, a non-profit entity, in accordance with the terms of the amended Redevelopment Agreement with Brinshore Development, LLC in order to generate equity for the project through the Illinois Affordable Housing Tax Credit . CB Land, LLC will subsequently convey Lots 1 and 2 to EMSQ Holding, LLC, the entity that will construct and own Phase 1 of the Emerson Square development. Lots 3, 4 and 5, along with Outlots A and B will be conveyed separately to EMSQ Holding, LLC, an affiliate of Brinshore Development, in accordance with the amended Redevelopment Agreement. As part of Phase 1, Lots 4 and 5 will be developed as a new park and new public street (the extension of existing Ashland Avenue), respectively. Upon completion of the park and street, Lots 4 and 5 will be dedicated and conveyed by EMSQ Holding, LLC to the City. Initially, Outlot A will be developed as parking for the residents of the Phase 1 apartments and Outlot B will be developed as a driveway to access the parking spaces in Outlot A. Lot 3 will be held for development in the second phase of Emerson Square. EMSQ Holding, LLC will continue to own Lot 3 and Outlots A and B until Phase 2 commences. In Phase 2, a new residential building will be developed on Outlot A, new parking spaces for the building on Lot 2 will be provided in a different location within the Phase 2 site and Outlot B will be dedicated as a public street. Attachment: Ordinance 93-O-12 Plat of Subdivision Real Estate Sale Contract 366 of 631 8/28/2012 93-O-12 AN ORDINANCE Authorizing the City Manager to Execute a Sale Contract for a portion of City Owned Real Property, to be known as Lots 1 and 2, 1600 Foster Avenue, Evanston, Illinois to CB Land, LLC WHEREAS, the City of Evanston owns real property located at 1600 Foster Avenue, Evanston, Illinois, 60201 and legally described in Exhibit A, attached hereto and incorporated herein by reference (the “Subject Property”); and WHEREAS, the City acquired the Subject Property to implement the first phase of Emerson Square, a new mixed-income housing development, and the second component of the City’s $18.15 million Neighborhood Stabilization Program 2 (“NSP2”) grant awarded by the Department of Housing and Urban Development; and WHEREAS, the City is proposing to subdivide the Subject Property into seven separate lots pursuant to resolution 63-R-12, as depicted on the proposed plat of subdivision and attached hereto as Exhibit B; and WHEREAS, the City Council of the City of Evanston has determined that ownership of the aforesaid Subject Property is no longer necessary, appropriate, required, or in the best interests of the City of Evanston; and WHEREAS, pursuant to Ordinance 92-O-12, the City Council, by a vote of at least two-thirds (⅔) of the elected Aldermen then holding office, did direct the City Manager to negotiate the sale of Lots 1 and 2 of the Subject Property on behalf of the City; and WHEREAS, pursuant to Ordinance 92-O-12, the City Manager has negotiated the sale of proposed Lots 1 and 2 of the Subject Property; and 367 of 631 93-O-12 ~2~ WHEREAS, the City Manager recommends that the City Council hereby approve the sale of proposed Lots 1 and 2 of the Subject Property, with the City of Evanston as Seller and CB Land, LLC, as Buyer of Lots 1 and 2; and WHEREAS, the City Council hereby finds and determines that the best interests of the City of Evanston and its residents will be served by conveying the aforesaid proposed Lots 1 and 2 of Subject Property to CB Land, LLC, on terms consistent with the Bargain Sale Agreement for Real Estate, attached hereto as Exhibit C and incorporated herein by reference (hereinafter, the “Agreement”); and WHEREAS, as required by Section 1-17-4-2-(B) of the Evanston City Code, 1979, as amended (the “City Code”), a Notice of Intent to Sell Certain Real Estate, was published in the Evanston Review, a newspaper in general circulation in the City of Evanston, on September 6, 2012, neither less than fifteen (15) nor more than thirty (30) days before the date on which the City Council considered adoption of this ordinance authorizing the sale of the Property, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council of the City of Evanston hereby approves the negotiated sale of the proposed Lots 1 and 2 of Subject Property with the City as Seller and CB Land, LLC as Buyer. SECTION 3: The City Manager is hereby authorized and directed to sign, and the City Clerk is hereby authorized and directed to attest, the Agreement, pursuant to 368 of 631 93-O-12 ~3~ the terms of which the Subject Property shall be conveyed. The City Manager is further authorized to negotiate any changes or additional terms and conditions with respect to the sale of the aforesaid Subject Property as the City Manager may deem fit and proper. SECTION 4: The City Manager and the City Clerk, respectively, are hereby authorized and directed to execute, attest, and deliver such other documents, agreements, and certificates as may be necessary to effectuate the sale herein authorized. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 7: 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 hereof that can be given effect without the invalid provision or application, and each invalid application hereof is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Ayes: ______________ Nays: ______________ Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor 369 of 631 93-O-12 ~4~ Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 370 of 631 93-O-12 ~5~ EXHIBIT A Legal Description LOT A IN PLAT OF CONSOLIDATION OF LOTS 1 TO 8 IN BLOCK 6 IN MCNEILL’S ADDITION TO EVANSTON, AND PARTS OF LOTS 12 TO 16 IN BLOCK 4 IN GRANT AND JACKSON’S ADDITION TO EVANSTON, IN SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. PIN: 10-13-209-021-0000 Real Estate Address: Lots 1 and 2 of the proposed subdivision commonly known as “Emerson Square”, 1600 Foster Avenue, Evanston, Illinois 60201 371 of 631 93-O-12 ~6~ EXHIBIT B Proposed Plat of Subdivision 372 of 631 93-O-12 ~7~ EXHIBIT C Bargain Sale Agreement of Real Estate 373 of 631 374 of 631 121046.5 BARGAIN SALE AGREEMENT THIS BARGAIN SALE AGREEMENT (“Agreement”) is made as of this ___ day of____________, 2012, by and between the City of Evanston, an Illinois home rule unit of government located in Cook County, Illinois (“Seller”), and CB Land, LLC, an Illinois limited liability company (“Purchaser”). WITNESSETH: WHEREAS, Seller is the owner of that certain property in Evanston, Illinois commonly known as 1600 Foster, and more particularly described on Exhibit A attached hereto and made a part hereof (the “Property”); and WHEREAS, Purchaser is a wholly-owned subsidiary of Clearbrook, an Illinois not-for- profit corporation, an organization that provides residential and other services to individuals with developmental disabilities; WHEREAS, Clearbrook is a co-developer with Brinshore Development, LLC of the Property and Brinshore Development, LLC has entered into a Redevelopment Agreement with the Seller for, among other matters, the redevelopment of the Property; WHEREAS, the Seller desires to convey the Property to Purchaser in the form of a “bargain sale”, as such term is defined in section 1011(b) of the Internal Revenue Code of 1986 (“Code”) and section 1.170A-4(c)(2)(ii) of the Treasury Regulations, by selling the Property to the Purchaser for a purchase price below its fair market value to further the public purpose of the Purchaser; WHEREAS, Purchaser intends to convey the Property to EmSq, LLC, an Illinois limited liability company (the “Developer”) so that the Developer may construct and operate an approximately 32-unit mixed-income rental development which will be financed using, among other sources, low-income housing tax credits pursuant to Section 42 of the Code (the “LIHTC Financing”); and WHEREAS, contemporaneous with the LIHTC Financing, the Developer will record a Use Restriction Agreement required by Section 42 of the Code (the “Use Restriction Agreement”); NOW, THEREFORE, for and in consideration of the promises and of the mutual covenants and agreements hereinafter set forth, the parties agree to the terms of this Agreement, which reads in its entirety as follows: 1. Agreement to Purchase. Purchaser agrees to purchase and Seller agrees to sell and convey or cause to be conveyed to Purchaser, or its designee, by Quit Claim Deed (the “Deed”), good and merchantable title to the Property at the price and subject to the terms, conditions and provisions hereinafter set forth. The Deed shall be substantially in the form attached hereto as Exhibit B. 375 of 631 2 2. Purchase Price. Purchaser agrees to pay and Seller agrees to accept as the purchase price the sum of $1.00 (“Purchase Price”) payable at closing, a price that is $_______________ less than the appraised fair market value of the Property, so the Seller can qualify for and receive Illinois Affordable Housing Tax Credits of not less than $____________. 3. Survey. Purchaser has obtained, at its own cost, a survey of the Property. 4. Title Policy. (a) Seller has previously furnished Purchaser, at Purchaser’s expense, a title commitment with respect to the Property. A copy of the title commitment is attached hereto as Exhibit C. Purchaser acknowledges that the title commitment is acceptable to Purchaser. (b) Seller shall, at Purchaser’s expense, cause to be delivered to Purchaser a title insurance policy by Chicago Title Insurance Company through its agent, Greater Illinois Title Company, or another title company acceptable to Purchaser (“Title Insurer”), dated as of the date Closing (as hereinafter defined) in a nominal amount with extended coverage over the general exceptions, free and clear of all liens and encumbrances whatsoever, except for general real estate taxes not due and payable, covenants, conditions, restrictions and other matters of record shown on the title commitment and those additional matters approved by Purchaser (the “Permitted Exceptions”). (c) The title commitment shall be conclusive evidence of good and merchantable title as therein shown as to all matters insured by the policy, subject only to the exceptions as therein stated. Seller shall also furnish Purchaser an affidavit of title in customary form covering the date of Closing and showing title in Seller subject only to the Permitted Exceptions. 5. Representations. (a) Seller’s Representations. As an inducement to Purchaser to enter into this Agreement Seller hereby represents to Purchaser and agrees as follows: (i) Seller has the right, power and authority to sell the Property, subject to the terms and conditions provided for in this Agreement, and to execute, deliver and perform its obligations under this Agreement and all other instruments, conveyances and documents to be executed and delivered in connection with the transaction contemplated herein. This Agreement and all other documents executed and delivered, or to be executed and delivered by Seller in connection with this Agreement have been, or at the appropriate time will be, duly executed and delivered and constitute or, upon such execution and delivery will constitute, the legal, valid and binding obligations of Seller, enforceable in accordance with the respective terms and provisions. No consent or approval of any person, firm, corporation or 376 of 631 3 governmental authority is required to be obtained by Seller in order for Seller to enter into this Agreement. (ii) To the best of Seller’s knowledge, there exists no action, suit, litigation or proceeding affecting the Property to which Seller is a party, and to the knowledge of Seller, there is no such action, suit, litigation or proceeding threatened. (iii) Seller is not a “foreign person” as defined in Section 1445 of the Internal Revenue Code and is therefore exempt from the withholding requirements of said Section. Seller shall furnish Purchaser at Closing the exemption certification set forth in said Section. (b) Purchaser’s Representations. As an inducement to Seller to enter into this Agreement Purchaser hereby represents to Seller and agrees as follows: (i) Purchaser has the right, power and authority to purchase the Property, subject to the terms and conditions provided for in the Agreement, and to execute, deliver and perform its obligations under this Agreement and all other instruments, conveyances and documents to be executed and delivered in connection with the transaction contemplated herein. This Agreement and all other documents executed and delivered, or to be executed and delivered by Purchaser in connection with this Agreement have been, or at the appropriate time will be, duly executed and delivered and constitute or, upon such execution and delivery will constitute, the legal, valid and binding obligations of Purchaser, enforceable in accordance with the respective terms and provisions. No consent or approval of any person, firm, corporation or governmental authority is required to be obtained by Purchaser in order for Purchaser to enter into this Agreement. 6. Closing of Sale. (a) The Closing (“Closing”) shall take place on or before ____________, 2012 or such other date mutually agreeable to the parties. (b) At Closing, each party shall, without further consideration, execute and deliver such additional instruments as may be reasonably requested by the other party in order to complete and effectuate the transfer of title and ownership of the Property, provided that such additional instruments (other than these specifically provided for in this Agreement, and customary Closing documents) shall not impose cost or liability on any party. This transaction shall be closed in accordance with the general provisions of the usual form of New York style escrow agreement then in use by the Title Insurer, the costs of which escrow shall be paid by Purchaser. Real estate taxes shall not be prorated. Purchaser shall pay any State, County or other transfer tax imposed by local ordinance. 377 of 631 4 7. Conditions Precedent. (a) The obligations of Seller under this Agreement are contingent upon Seller’s determination that, in Seller’s sole and absolute discretion, the LIHTC Financing and the recordation of the Use Restriction Agreement will occur contemporaneously with the Closing. 8. “As Is” Sale. Purchaser acknowledges that it will have adequate opportunity to inspect the Property and accepts the risk that any inspection may not disclose all material matters affecting the Property. SUBJECT ONLY TO THE TERMS OF SECTION 5(a) AND IF PURCHASER CLOSES THE TRANSACTION CONTEMPLATED HEREUNDER, PURCHASER AGREES TO ACCEPT THE PROPERTY IN ITS “AS IS” “WHERE IS” AND “WITH ALL FAULTS” CONDITION AT CLOSING AND THAT PURCHASER IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, FROM SELLER OR ITS AGENTS OR BROKERS, OR ANY OTHER PERSON ACTING OR PURPORTING TO ACT ON BEHALF OF SELLER, AS TO ANY MATTERS CONCERNING THE PROPERTY, INCLUDING WITHOUT LIMITATION: (i) the quality, nature, adequacy and physical condition and aspects of the Property, including, but not limited to, the structural elements, seismic aspects of the Property, foundation, roof, appurtenances, access, landscaping, parking facilities and the electrical, mechanical, HVAC, plumbing, sewage, and utility systems, facilities and appliances, the square footage within the improvements on the Real Property and within each tenant space therein, (ii) the quality, nature, adequacy, and physical condition of soils, geology and any groundwater, (iii) the existence, quality, nature, adequacy and physical condition of utilities serving the Property, (iv) the development potential of the Property, and the Property’s use, habitability, merchantability, or fitness, suitability, value or adequacy of the Property for any particular purpose, (v) the zoning or other legal status of the Property or any other public or private restrictions on use of the Property, (vi) the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and restrictions of any governmental or quasi-governmental entity or of any other person or entity, (vii) the quality of any labor and materials used in any improvements on the Real Property, (viii) the condition of title to the Property (except the deed warranties), (ix) the value, economics of the operation or income potential of the Property, or (x) any other fact or condition which may affect the Property, including without limitation, the physical condition, value, economics of operation or income potential of the Property. In addition, Seller shall have no legal obligation to apprise Purchaser regarding any event or other matter involving the Property which occurs after the Effective Date or to otherwise update any due diligence items, unless and until an event or other matter occurs which would cause Seller to be unable to remake any of its representations or warranties contained in this Agreement. 9. Brokerage. Purchaser and Seller each represent and warrant to the other that it has had no dealings with any broker or agent in connection with this Agreement and the subject matter hereof, and each party agrees to pay, and hold harmless and indemnify the other from and against, any and all costs, expenses or liabilities for compensation, commissions and other 378 of 631 5 amounts claimed by any other broker or agent allegedly retained, consulted or employed by such indemnifying party. 10. Miscellaneous. (a) This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and to their respective successors and assigns. (b) This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one instrument. (c) This Agreement (i) contains the entire understanding between the parties hereto with respect to the transactions contemplated herein; and (ii) may be altered or amended from time to time only by written instrument executed by both parties hereto. (d) This Agreement shall be interpreted in accordance with the laws of the State of Illinois. (e) The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this Agreement. [Signature Page Follows] 379 of 631 6 IN WITNESS WHEREOF, the parties have executed this Agreement this day and year first written above. SELLER: CITY OF EVANSTON, A Home Rule unit of government By: Print Name: Wally Bobkiewicz Its: City Manager PURCHASER: CB LAND, LLC, an Illinois limited liability company, By: Clearbrook, an Illinois not-for-profit corporation, its sole member By: Name: Its: 380 of 631 121046.5 Exhibit A [Final legal subject to final plat and donation credit issues] LOT 1 AND LOT 2 IN THE EMERSON SQUARE SUBDIVISION OF A PART OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF, RECORDED ON ____________, 2012 AS DOCUMENT NUMBER __________. Parcel Number: 10-13-209-021-0000 (part of) Real Estate Address: 1600 Foster Avenue, Evanston, Illinois 381 of 631 EXHIBIT B DEED This document was prepared by: After recording return to: (The above space for recorder’s use only) QUIT CLAIM DEED The City of Evanston, an Illinois home rule unit of government located in Cook County, Illinois ("Grantor") having an address of 2100 Ridge Avenue, Evanston, Illinois, 60201, for and in consideration of ONE AND NO/100 DOLLARS ($1.00) and other good and valuable considerations in hand paid, the receipt and sufficiency of which are hereby acknowledged, by these presents does grant, bargain and quit claim to CB Land, LLC, an Illinois limited liability company ("Grantee") having an address of 1835 W. Central Road, Arlington Heights, Illinois, 60005, all the following real property situated in the County of Cook, in the State of Illinois (“Property”), to wit: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. Subject to subject to the matters set forth in Exhibit B attached hereto and made a part hereof. Grantor covenants as follows: 1. The real property is free from all encumbrances made by Grantor. 2. Grantor will warrant and defend the real property hereby conveyed against all lawful claims and demands of persons claiming by, through or under Grantor, but against no other person. 382 of 631 Permanent Real Estate Index Number: 10-13-209-021-0000 (part of) Address of Real Estate: 1600 Foster Avenue, Evanston, Illinois In Witness Whereof, said Grantor has executed this instrument as of ___________, 2012. By: _____________________ STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The undersigned, an Illinois notary public, does hereby certify that _______________________, personally known to me to be the ___________________ of Grantor, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me in the County stated above this day in person and severally acknowledged that as such __________________, he/she signed and delivered the said instrument, pursuant to authority given by the City Council of the City of Evanston, Illinois, and as his/her free and voluntary act, and as the free and voluntary act of said unit of government, for the uses and purposes set forth therein. Given under my hand and notarial seal this _____ day of ______________, 2012. Notary Public SEND SUBSEQUENT TAX BILLS TO: 383 of 631 EXHIBIT C TITLE COMMITMENT 384 of 631 For City Council meeting of September 24, 2012 Item A20 Ordinance 97-O-12: To Negotiate Sale of Lots 3, 4, and 5 & Outlots A & B at 1600 Foster For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Steve Griffin, Director of Community and Economic Development Dennis Marino, Division Manager, Planning & Zoning Sarah Flax, Housing & Grants Administrator Jolene Saul, Housing Development Specialist – NSP2 Subject: Ordinance 97-O-12; Authorizing the City Manager to negotiate a sale contract for Lots 3, 4 and 5 and Outlots A and B, real property located at 1600 Foster Avenue Date: August 29, 2012 Recommended Action: Staff recommends adoption of Ordinance 97-O-12 directing the City Manager to negotiate a real estate contract to sell Lots 3, 4 and 5 and Outlots A and B, identified in Resolution 63-R-12, which subdivides the City-owned property at 1600 Foster Avenue, Evanston, Illinois 60201 (the “Property”). This ordinance was introduced at the September 10, 2012 City Council meeting. Funding Source: N/A Summary: The City acquired the Property to implement the first phase of Emerson Square, a new mixed-income housing development. Emerson Square is the second component of the City’s $18.15 million Neighborhood Stabilization Program 2 (“NSP2”) grant, awarded by HUD. To implement the first phase of Emerson Square, Lots 1 and 2, comprising part of the approximately 2.337 acre site, will be developed with 32 dwelling units located in multiple buildings. Lots 4 and 5 will be developed as a new park and new public street, respectively. Initially, Outlot A will be developed as parking for the residents of the Phase 1 apartments and Outlot B will be developed as a driveway to access the parking spaces in Outlot A. Memorandum 385 of 631 Page 2 of 2 Lot 3 will be included in the second phase of Emerson Square. When Phase 2 of Emerson Square is developed, a new residential building will be developed on Outlot A and new parking spaces for the building on Lot 2 will be provided in a different location and Outlot B will be dedicated as a public street. Pursuant to City Code Section 1-17-4-2 (B), the City Council must adopt an ordinance directing the negotiation for the sale of City property by affirmative votes from two-thirds (2/3) of the elected officials. The notice of intent to sell said Property was published in the Evanston Review on September 6, 2012, which is in accordance with the City Code parameters regarding the sale of City property. Attachment: Ordinance 97-O-12 Plat of Subdivision 386 of 631 8/28/2012 97-O-12 AN ORDINANCE Authorizing the City Manager to Negotiate the Sale of a portion of City-Owned Real Property to be known as Lots 3, 4, and 5 and Outlots A and B, 1600 Foster Avenue, Evanston, Illinois NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized and directed to negotiate the sale of a portion of City owned real estate legally described in Exhibit A attached hereto and incorporated herein by reference. SECTION 2: The portion of real estate subject to the sale is Lots 3, 4, and 5 and Outlots A and B of the proposed subdivision commonly known as “Emerson Square”, 1600 Foster Avenue, Evanston, Illinois 60201 (the “Subject Property”), as depicted on the proposed Plat of Subdivision before City Council as resolution 63-R-12. SECTION 3: Pursuant to Subsection 1-17-4-2-(B) of the Evanston City Code, 1979, as amended (the “City Code”), an affirmative vote of two-thirds (⅔) of the elected Aldermen is required to accept the recommendation of the City Manager on the negotiation authorized herein. The City reserves the right to reject any and all negotiations. SECTION 4: Pursuant to City Code Subsection 1-17-4-2-(B)-3, Notice of Intent to Sell Certain Real Estate by Negotiation was published in the Evanston Review, a newspaper in general circulation in the City on September 6, 2012, as shown in Exhibit B, attached hereto and incorporated herein by reference. Said publication was neither less than fifteen (15) nor more than thirty (30) days before the date on which the City Council 387 of 631 97-O-12 ~2~ considered adoption of this ordinance authorizing the City Manager to negotiate the sale of the Subject Property. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 7: 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 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 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 388 of 631 97-O-12 ~3~ EXHIBIT A LEGAL DESCRIPTION LOT A IN PLAT OF CONSOLIDATION OF LOTS 1 TO 8 IN BLOCK 6 IN MCNEILL’S ADDITION TO EVANSTON, AND PARTS OF LOTS 12 TO 16 IN BLOCK 4 IN GRANT AND JACKSON’S ADDITION TO EVANSTON, IN SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. Parcel Number: 10-13-209-021-0000 Real Estate Address: Lots 3, 4, and 5 and Outlots A and B of the proposed subdivision commonly known as “Emerson Square”, 1600 Foster Avenue, Evanston, Illinois 60201 389 of 631 97-O-12 ~4~ EXHIBIT B NOTICE OF INTENT TO NEGOTIATE THE SALE OF CERTAIN CITY-OWNED REAL ESTATE INTEREST Public Notice is hereby given that on September 24, 2012, at 7:00 P.M., in the Council Chambers at 2100 Ridge Avenue, Evanston, Illinois, 60201, the Evanston City Council will consider adoption of an ordinance for the negotiated sale of the City's interest in certain real estate, to be known as Lots 3, 4 and 5 and Outlots A and B, 1600 Foster Avenue, Evanston, Illinois 60201, as depicted on the proposed Plat of Subdivision and before Council as resolution 63-R-12, with the following legal description: LOT A IN PLAT OF CONSOLIDATION OF LOTS 1 TO 8 IN BLOCK 6 IN MCNEILL’S ADDITION TO EVANSTON, AND PARTS OF LOTS 12 TO 16 IN BLOCK 4 IN GRANT AND JACKSON’S ADDITION TO EVANSTON, IN SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. PIN: 10-13-209-021-0000 Said property is improved with a vacant structure and will be used for purposes as set forth in the underlying real estate sales contract, as allowed by the City Zoning Ordinance, but said property shall not be declared tax-exempt. 390 of 631 391 of 631 For City Council meeting of September 24, 2012 Item A21 Ordinance 98-O-12: Authorizing Sale of Lots 3, 4, & 5 and Outlots A & B at 1600 Foster For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Steve Griffin, Director of Community and Economic Development Dennis Marino, Division Manager, Planning & Zoning Sarah Flax, Housing & Grants Administrator Jolene Saul, Housing Development Specialist – NSP2 Subject: Ordinance 98-O-12; Authorizing the sale contract for Lots 3, 4 and 5, and Outlots A and B, real property located at 1600 Foster Avenue Date: August 29, 2012 Recommended Action: Staff recommends adoption of Ordinance 98-O-12 directing the City Manager to execute a real estate contract to sell Lots 3,4 and 5, and Outlots A and B, portions of a vacant property at 1600 Foster Avenue, Evanston, Illinois 60201 (the “Property”) to EMSQ Holding, LLC. This ordinance was introduced at the September 10, 2012 City Council meeting. Funding Source: N/A Summary: The City acquired the Property, comprising approximately 2.337 acres at 1600 Foster Street, to implement the first phase of Emerson Square, a new mixed-income housing development. Emerson Square is the second component of the City’s $18.15 million Neighborhood Stabilization Program 2 (“NSP2”) grant, awarded by HUD. The property is subdivided into seven separate lots, as shown in the attached plat of subdivision and described in Resolution 63-R-12. Lots 3, 4 and 5, and Outlots A and B will be sold to EMSQ Holding, LLC. Pursuant to City Code Section 1-17-4-2 (B), the City Council must adopt an ordinance directing the sale of the Property by affirmative votes from two-thirds (2/3) of the elected officials. The notice of intent to sell said Property was published in the Evanston Review on September 6, 2012, which is in accordance with the City Code parameters regarding the sale of City property. Memorandum 392 of 631 Page 2 of 2 Phase 1 of Emerson Square is fully financed through a combination of federal, state and City funds; private financing; and developer equity. Site preparation is underway, including demolition of existing structures. Lots 3, 4 and 5, along with Outlots A and B will be sold to EMSQ Holding, LLC, an affiliate of Brinshore Development, in accordance with the amended Redevelopment Agreement. As part of Phase 1, Lots 4 and 5 will be developed as a new park and new public street (the extension of existing Ashland Avenue), respectively. Upon completion of the park and street, Lots 4 and 5 will be dedicated and conveyed by EMSQ Holding, LLC to the City. Initially, Outlot A will be developed as parking for the residents of the Phase 1 apartments and Outlot B will be developed as a driveway to access the parking spaces in Outlot A. Lot 3 will be held for development in the second phase of Emerson Square. Lots 1 and 2, which will be developed with 32 residential rental units in multiple buildings, will be conveyed separately to CB Land, LLC, a non-profit entity, in accordance with the terms of the amended Redevelopment Agreement with Brinshore Development, LLC in order to generate equity for the project through the Illinois Affordable Housing Tax Credit. CB Land, LLC will subsequently convey Lots 1 and 2 to EmSq, LLC, the entity that will construct and own Phase 1 of the Emerson Square development. EMSQ Holding, LLC will continue to own Lot 3 and Outlots A and B until Phase 2 commences. In Phase 2, a new residential building will be developed on Outlot A, new parking spaces for the building on Lot 2 will be provided in a different location within the Phase 2 site and Outlot B will be dedicated as a public street. Attachment: Ordinance 98-O-12 Plat of Subdivision Real Estate Sale Contract 393 of 631 8/28/2012 98-O-12 AN ORDINANCE Authorizing the City Manager to Execute a Sale Contract for a portion of City Owned Real Property, to be known as Lots 3, 4 and 5 and Outlots A and B , 1600 Foster Avenue, Evanston, Illinois to EMSQ Holding, LLC WHEREAS, the City of Evanston owns real property located at 1600 Foster Avenue, Evanston, Illinois, 60201 and legally described in Exhibit A, attached hereto and incorporated herein by reference (the “Subject Property”); and WHEREAS, the City acquired the Subject Property to implement the first phase of Emerson Square, a new mixed-income housing development, and the second component of the City’s $18.15 million Neighborhood Stabilization Program 2 (“NSP2”) grant awarded by the Department of Housing and Urban Development; and WHEREAS, the City is proposing to subdivide the Subject Property into seven separate lots pursuant to resolution 63-R-12, as depicted on the proposed plat of subdivision and attached hereto as Exhibit B; and WHEREAS, pursuant to Ordinance 97-O-12, the City Council, by a vote of at least two-thirds (⅔) of the elected Aldermen then holding office, did direct the City Manager to negotiate the sale of proposed Lots 3, 4 and 5 and Outlots A and B of the Subject Property on behalf of the City; and WHEREAS, pursuant to Ordinance 97-O-12, the City Manager has negotiated the sale of proposed Lots 3, 4 and 5 and Outlots A and B of the Subject Property; and 394 of 631 98-O-12 ~2~ WHEREAS, the City Manager recommends that the City Council hereby approve the sale of proposed Lots 3, 4 and 5 and Outlots A and B of the Subject Property, with the City of Evanston as Seller and EMSQ Holding, LLC, an Illinois limited liability company, as Buyer; and WHEREAS, the City Council hereby finds and determines that the best interests of the City of Evanston and its residents will be served by conveying the aforesaid proposed Lots 3, 4 and 5 and Outlots A and B of Subject Property to EMSQ Holding, LLC, on terms consistent with the Purchase and Sale Agreement for Real Estate, attached hereto as Exhibit C and incorporated herein by reference (hereinafter, the “Agreement”); and WHEREAS, as required by Section 1-17-4-2-(B) of the Evanston City Code, 1979, as amended (the “City Code”), a Notice of Intent to Sell Certain Real Estate, was published in the Evanston Review, a newspaper in general circulation in the City of Evanston, on September 6, 2012, neither less than fifteen (15) nor more than thirty (30) days before the date on which the City Council considered adoption of this ordinance authorizing the sale of the Property, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council of the City of Evanston hereby approves the negotiated sale of the proposed Lots 3, 4 and 5 and Outlots A and B of Subject Property with the City as Seller and EMSQ Holding, LLC as Buyer. 395 of 631 98-O-12 ~3~ SECTION 3: The City Manager is hereby authorized and directed to sign, and the City Clerk is hereby authorized and directed to attest, the Agreement, pursuant to the terms of which the Subject Property shall be conveyed. The City Manager is further authorized to negotiate any changes or additional terms and conditions with respect to the sale of the aforesaid Subject Property as the City Manager may deem fit and proper. SECTION 4: The City Manager and the City Clerk, respectively, are hereby authorized and directed to execute, attest, and deliver such other documents, agreements, and certificates as may be necessary to effectuate the sale herein authorized. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 7: 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 hereof that can be given effect without the invalid provision or application, and each invalid application hereof is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Ayes: ______________ Nays: ______________ Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 396 of 631 98-O-12 ~4~ _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 397 of 631 98-O-12 ~5~ EXHIBIT A Legal Description LOT A IN PLAT OF CONSOLIDATION OF LOTS 1 TO 8 IN BLOCK 6 IN MCNEILL’S ADDITION TO EVANSTON, AND PARTS OF LOTS 12 TO 16 IN BLOCK 4 IN GRANT AND JACKSON’S ADDITION TO EVANSTON, IN SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. PIN: 10-13-209-021-0000 Real Estate Address: Lots 3, 4, and 5 and Outlots A and B of the proposed subdivision commonly known as “Emerson Square”, 1600 Foster Avenue, Evanston, Illinois 60201 398 of 631 98-O-12 ~6~ EXHIBIT B Proposed Plat of Subdivision 399 of 631 98-O-12 ~7~ EXHIBIT C Purchase and Sale Agreement 400 of 631 401 of 631 121046.5 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (“Agreement”) is made as of this ___ day of____________, 2012, by and between the City of Evanston, an Illinois home rule unit of government located in Cook County, Illinois (“Seller”), and EMSQ Holding, LLC, an Illinois limited liability company (“Purchaser”). WITNESSETH: WHEREAS, Seller is the owner of that certain property in Evanston, Illinois commonly known as 1600 Foster, and more particularly described on Exhibit A attached hereto and made a part hereof (the “Property”); WHEREAS, the Property will be subdivided by Seller into several lots prior to the conveyance to Purchaser; which lots are referred to as Lots 3, 4 and 5 and Outlots A and B in the Emerson Square Subdivision (each of which is referred to herein as a “Lot”); WHEREAS, Purchaser is an Affiliate of Brinshore Development, LLC, an Illinois limited liability company; WHEREAS, Brinshore Development, LLC has entered into that certain Redevelopment Agreement with Seller Regarding the Neighborhood Stabilization Program 2 Grant Number B-09- LN-IL-0026, as amended (the “Redevelopment Agreement”); and WHEREAS, in accordance with the Redevelopment Agreement, the Seller desires to convey the Property to Purchaser; NOW, THEREFORE, for and in consideration of the promises and of the mutual covenants and agreements hereinafter set forth, the parties agree to the terms of this Agreement, which reads in its entirety as follows: 1. Agreement to Purchase. Purchaser agrees to purchase and Seller agrees to sell and convey or cause to be conveyed to Purchaser, or its designee, by Quit Claim Deed (the “Deed”), good and merchantable title to the Property at the price and subject to the terms, conditions and provisions hereinafter set forth. The Deed shall be substantially in the form attached hereto as Exhibit B. 2. Purchase Price. Purchaser agrees to pay and Seller agrees to accept as the purchase price the sum of $1.00 (“Purchase Price”) payable at closing. 3. Survey. Purchaser has obtained, at its own cost, a survey of the Property. 402 of 631 2 4. Title Policy. (a) Seller has previously furnished Purchaser, at Purchaser’s expense, a title commitment with respect to the Property. A copy of the title commitment is attached hereto as Exhibit C. Purchaser acknowledges that the title commitment is acceptable to Purchaser. (b) Purchaser shall, at Purchaser’s expense, obtain a title insurance policy by Chicago Title Insurance Company through its agent, Greater Illinois Title Company, or another title company acceptable to Purchaser (“Title Insurer”), dated as of the date Closing (as hereinafter defined) in a nominal amount with extended coverage over the general exceptions, free and clear of all liens and encumbrances whatsoever, except for general real estate taxes not due and payable, covenants, conditions, restrictions and other matters of record shown on the title commitment and those additional matters approved by Purchaser (the “Permitted Exceptions”). (c) The title commitment shall be conclusive evidence of good and merchantable title as therein shown as to all matters insured by the policy, subject only to the exceptions as therein stated. Seller shall also furnish Purchaser an affidavit of title in customary form covering the date of Closing and showing title in Seller subject only to the Permitted Exceptions. 5. Representations. (a) Seller’s Representations. As an inducement to Purchaser to enter into this Agreement Seller hereby represents to Purchaser and agrees as follows: (i) Seller has the right, power and authority to sell the Property, subject to the terms and conditions provided for in this Agreement, and to execute, deliver and perform its obligations under this Agreement and all other instruments, conveyances and documents to be executed and delivered in connection with the transaction contemplated herein. This Agreement and all other documents executed and delivered, or to be executed and delivered by Seller in connection with this Agreement have been, or at the appropriate time will be, duly executed and delivered and constitute or, upon such execution and delivery will constitute, the legal, valid and binding obligations of Seller, enforceable in accordance with the respective terms and provisions. No consent or approval of any person, firm, corporation or governmental authority is required to be obtained by Seller in order for Seller to enter into this Agreement. (ii) To the best of Seller’s knowledge, there exists no action, suit, litigation or proceeding affecting the Property to which Seller is a party, and to the knowledge of Seller, there is no such action, suit, litigation or proceeding threatened. 403 of 631 3 (iii) Seller is not a “foreign person” as defined in Section 1445 of the Internal Revenue Code and is therefore exempt from the withholding requirements of said Section. Seller shall furnish Purchaser at Closing the exemption certification set forth in said Section. (b) Purchaser’s Representations. As an inducement to Seller to enter into this Agreement Purchaser hereby represents to Seller and agrees as follows: (i) Purchaser has the right, power and authority to purchase the Property, subject to the terms and conditions provided for in the Agreement, and to execute, deliver and perform its obligations under this Agreement and all other instruments, conveyances and documents to be executed and delivered in connection with the transaction contemplated herein. This Agreement and all other documents executed and delivered, or to be executed and delivered by Purchaser in connection with this Agreement have been, or at the appropriate time will be, duly executed and delivered and constitute or, upon such execution and delivery will constitute, the legal, valid and binding obligations of Purchaser, enforceable in accordance with the respective terms and provisions. No consent or approval of any person, firm, corporation or governmental authority is required to be obtained by Purchaser in order for Purchaser to enter into this Agreement. 6. Closing of Sale. (a) The Closing (“Closing”) shall take place on or before ____________, 2012 or such other date mutually agreeable to the parties. (b) At Closing, each party shall, without further consideration, execute and deliver such additional instruments as may be reasonably requested by the other party in order to complete and effectuate the transfer of title and ownership of the Property, provided that such additional instruments (other than these specifically provided for in this Agreement, and customary Closing documents) shall not impose cost or liability on any party. This transaction shall be closed in accordance with the general provisions of the usual form of New York style escrow agreement then in use by the Title Insurer, the costs of which escrow shall be paid by Purchaser. Real estate taxes shall not be prorated. Purchaser shall pay any State, County or other transfer tax imposed by local ordinance. 7. Conditions Precedent. (a) The obligations of Seller under this Agreement are contingent upon Seller’s obligation to convey that certain property that is the subject of the Bargain Sale Agreement by and between Seller and CB Land, LLC, dated of even date herewith. 8. “As Is” Sale. Purchaser acknowledges that it will have adequate opportunity to inspect the Property and accepts the risk that any inspection may not disclose all material matters affecting the Property. SUBJECT ONLY TO THE TERMS OF SECTION 5(a) AND IF 404 of 631 4 PURCHASER CLOSES THE TRANSACTION CONTEMPLATED HEREUNDER, PURCHASER AGREES TO ACCEPT THE PROPERTY IN ITS “AS IS” “WHERE IS” AND “WITH ALL FAULTS” CONDITION AT CLOSING AND THAT PURCHASER IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, FROM SELLER OR ITS AGENTS OR BROKERS, OR ANY OTHER PERSON ACTING OR PURPORTING TO ACT ON BEHALF OF SELLER, AS TO ANY MATTERS CONCERNING THE PROPERTY, INCLUDING WITHOUT LIMITATION: (i) the quality, nature, adequacy and physical condition and aspects of the Property, including, but not limited to, the structural elements, seismic aspects of the Property, foundation, roof, appurtenances, access, landscaping, parking facilities and the electrical, mechanical, HVAC, plumbing, sewage, and utility systems, facilities and appliances, the square footage within the improvements on the Real Property and within each tenant space therein, (ii) the quality, nature, adequacy, and physical condition of soils, geology and any groundwater, (iii) the existence, quality, nature, adequacy and physical condition of utilities serving the Property, (iv) the development potential of the Property, and the Property’s use, habitability, merchantability, or fitness, suitability, value or adequacy of the Property for any particular purpose, (v) the zoning or other legal status of the Property or any other public or private restrictions on use of the Property, (vi) the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and restrictions of any governmental or quasi-governmental entity or of any other person or entity, (vii) the quality of any labor and materials used in any improvements on the Real Property, (viii) the condition of title to the Property (except the deed warranties), (ix) the value, economics of the operation or income potential of the Property, or (x) any other fact or condition which may affect the Property, including without limitation, the physical condition, value, economics of operation or income potential of the Property. In addition, Seller shall have no legal obligation to apprise Purchaser regarding any event or other matter involving the Property which occurs after the Effective Date or to otherwise update any due diligence items, unless and until an event or other matter occurs which would cause Seller to be unable to remake any of its representations or warranties contained in this Agreement. 9. Brokerage. Purchaser and Seller each represent and warrant to the other that it has had no dealings with any broker or agent in connection with this Agreement and the subject matter hereof, and each party agrees to pay, and hold harmless and indemnify the other from and against, any and all costs, expenses or liabilities for compensation, commissions and other amounts claimed by any other broker or agent allegedly retained, consulted or employed by such indemnifying party. 10. Reconveyance Provisions. Seller and Purchaser desire to establish terms and conditions regarding the possible reconveyance of one or more of the Lots to Seller. The terms and provisions of this Section 10 will survive the Closing. (a) Lot 3 – Seller may require that Purchaser reconvey Lot 3 to Seller if construction of Phase 2B does not commence by January 1, 2016. Purchaser shall have the right to 405 of 631 5 cause Seller to accept a reconveyance of Lot 3 if Purchaser determines, at any time, that Brinshore Development, LLC will not proceed with Phase 2B. (b) Lot 4 – Seller may require that Purchaser reconvey Lot 4 to Seller if construction of the city park to be constructed on Lot 4 as part of Phase 2A is not completed by March 31, 2014. (c) Lot 5 – Seller may require that Purchaser reconvey Lot 5 to Seller if construction of the public street to be constructed on Lot 5 as part of Phase 2A is not completed by March 31, 2014, provided that if any housing has been constructed in Phase 2A for which a temporary or permanent certificate of occupancy has been issued, Seller must either (i) dedicate Lot 5 as a public street promptly following such reconveyance or (ii) permit continued use of Lot 5 for ingress and egress by such residential property. (d) Outlots A and B – Seller may require that Purchaser reconvey Outlots A and B to Seller if Outlots A and B (i) are not used for any parking purposes by Phase 2A and (ii) do not provide any required parking for Phase 2A in accordance with City codes and ordinances. Provided, however, any reversionary rights of Seller with respect to Outlots A and B will terminate and expire upon the commencement of construction of Phase 2B. 11. Miscellaneous. (a) This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and to their respective successors and assigns. (b) Capitalized terms used by not defined in this letter shall have the meanings ascribed to them in the Redevelopment Agreement. (c) This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one instrument. (d) This Agreement (i) contains the entire understanding between the parties hereto with respect to the transactions contemplated herein; and (ii) may be altered or amended from time to time only by written instrument executed by both parties hereto. (e) This Agreement shall be interpreted in accordance with the laws of the State of Illinois. (f) The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this Agreement. [Signature Page Follows] 406 of 631 6 IN WITNESS WHEREOF, the parties have executed this Agreement this day and year first written above. SELLER: CITY OF EVANSTON, A Home Rule unit of government By: Print Name: Wally Bobkiewicz Its: City Manager PURCHASER: EMSQ HOLDING, LLC, an Illinois limited liability company, By: Brinshore, Inc., its manager By: Name: Its: 407 of 631 121046.5 Exhibit A LOTS 3, 4 AND 5 AND OUTLOTS A AND B IN THE EMERSON SQUARE SUBDIVISION OF A PART OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF, RECORDED ON ____________, 2012 AS DOCUMENT NUMBER __________. Parcel Number: 10-13-209-021-0000 (part of) Real Estate Address: 1600 Foster Avenue, Evanston, Illinois 408 of 631 EXHIBIT B DEED This document was prepared by: After recording return to: (The above space for recorder’s use only) QUIT CLAIM DEED The City of Evanston, an Illinois home rule unit of government located in Cook County, Illinois ("Grantor") having an address of 2100 Ridge Avenue, Evanston, Illinois, 60201, for and in consideration of ONE AND NO/100 DOLLARS ($1.00) and other good and valuable considerations in hand paid, the receipt and sufficiency of which are hereby acknowledged, by these presents does grant, bargain and quit claim to EMSQ Holding, LLC, an Illinois limited liability company ("Grantee") having an address of 666 Dundee Road, Suite 1102, Northbrook, Illinois, 60062, all the following real property situated in the County of Cook, in the State of Illinois (“Property”), to wit: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. Subject to subject to the matters set forth in Exhibit B attached hereto and made a part hereof. Grantor covenants as follows: 1. The real property is free from all encumbrances made by Grantor. 2. Grantor will warrant and defend the real property hereby conveyed against all lawful claims and demands of persons claiming by, through or under Grantor, but against no other person. 409 of 631 Permanent Real Estate Index Number: 10-13-209-021-0000 (part of) Address of Real Estate: 1600 Foster Avenue, Evanston, Illinois In Witness Whereof, said Grantor has executed this instrument as of ___________, 2012. By: _____________________ STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The undersigned, an Illinois notary public, does hereby certify that _______________________, personally known to me to be the ___________________ of Grantor, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me in the County stated above this day in person and severally acknowledged that as such __________________, he/she signed and delivered the said instrument, pursuant to authority given by the City Council of the City of Evanston, Illinois, and as his/her free and voluntary act, and as the free and voluntary act of said unit of government, for the uses and purposes set forth therein. Given under my hand and notarial seal this _____ day of ______________, 2012. Notary Public SEND SUBSEQUENT TAX BILLS TO: 410 of 631 EXHIBIT C TITLE COMMITMENT 411 of 631 For Council Meeting of September 24, 2012 Item APW1 Ordinance 76-O-12: Plumbing Code Regarding Subsoil Drain Pipe For Discussion To: Members of the Administration and Public Works Committee From: David Stoneback, Director of Utilities Subject: Proposed Ordinance 76-O-12 Amending the Evanston City Code Title 4, Chapter 6, Relating to the Plumbing Code Date: September 12, 2012 Recommended Action: Staff recommends that the Administration and Public Works Committee consider of Ordinance 76-O-12 amending the Evanston City Code, Title 4, Chapter 6 – Plumbing Code, Section 3, paragraph (S) relating to Subsoil Drain Pipe and provide direction. Discussion: Staff is proposing a modification to the section of the Plumbing Code that deals with sump pump discharges. The proposed modification would only affect sump pumps installed after the ordinance is enacted. Staff is proposing this modification for the following reasons: 1) help protect properties from sewage backups during rain events, 2) make this portion of the code more consistent with the current staff policy regarding new sump pump discharges and other sections of the code, and 3) have these discharges be more environmentally friendly by having the water regenerate the ground water and minimize the quantity of storm water being treated by the sewer treatment plant, thus reducing energy usage. The current plumbing code allows sump pumps to discharge to the storm or combined sewer systems. This type of storm water discharge to the combined sewer system opposes the goal of the City’s long range sewer improvement project to limit the amount of storm water entering the combined sewer system thus mitigating the potential of sewage water backing up into basement during rain events. Protection from sewage backups The implementation of the Long Range Sewer Improvement program was very successful and included the installation of large diameter relief sewers to convey storm water and combined sewer overflows to the Metropolitan Water Reclamation District (MWRD) deep tunnel system. However, the program did not involve increasing the size of the existing combined sewer. Of the 143 miles of combined sewer pipe, almost 91 miles (or 63%) is constructed of 12-inch or smaller diameter pipe. Assuming a slope of 0.4% (a change in elevation of less than 5 inches for every 100 feet of sewer pipe), the Memorandum 412 of 631 capacity of a 12-inch diameter sewer is approximately 744 gallons per minute (gpm). Based on this sizing and flow capacity, the Evanston combined sewer system really acts more as a sanitary sewer than a combined sewer. Municipalities that have a separate sanitary sewer system generally prohibit the connection of sump pump discharges to the sanitary system because of the impact that discharges from sump pumps can have on the system. A typical discharge of a sump pump is 40 gpm. Based on the majority of the sewers in the combined sewer system having a capacity of only 744 gpm or less, it would only take 18 sump pumps discharging at the same time to overwhelm a sewer and potentially cause sewage water to flow back into basements. Consistency with current policy other portions of the City Code Employees in Community and Economic Development, Public Works and the Utilities Departments have been enforcing a policy over the past 10 plus years to have newly installed sump pumps discharge to grade. This would include the approximate 5 to 10 new homes built annually as well as the 100 to 150 homes with major renovations/additions that occur each year. The plumbing code also conflicts with Title 5, Chapter 1 - Property Maintenance Code, section 304.7 of the City Code which states in part: Gutter/downspouts, sump pumps and discharge from other sources, shall not discharge upon a public way nor be directed towards adjacent properties, and shall be drained upon the premises without causing retention of stagnant water thereon. Environmentally friendly Using an assumption that a sump pump discharges 40 gpm and cycles on for approximately 30 minutes an hour during a one hour rain event, each sump pump would discharge 1,200 gallons. For each 1,000 sump pumps, the discharge to the sewer system would be 1.2 million gallons. Based on a February 2012 MWRD Report on Energy Use, it takes almost 2,000 kiloWatt hours (kWh) to treat each million gallons of sewage. By removing the sump pump discharge to the combined sewer system, a total of 1.6 metric tons of CO2 emissions is eliminated. Summary: The proposed code modification has been reviewed by both the Community and Economic Development Department and the Public Works Department. Both of these departments along with the Utilities Department work with property owners on property flooding issues. The proposed code modification would allow sump pumps to discharge to the relief combined or combined sewer system only with the approval of the City Manager or his/her designee. In order to obtain permission to connect the sump pump discharge to the combined or relief combined sewer systems, the property owner would need to demonstrate evidence of a hardship that is adversely affecting the foundation or walls of the property owner’s real property. 413 of 631 Attachments: Ordinance 76-O-12 414 of 631 7/2/2012 76-O-12 AN ORDINANCE Amending City Code Subsection 4-6-3-(S), “Subsoil Drain Pipe” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1:   Subsection 4-6-3-(S) of the Evanston City Code of 1979, as amended (“City Code”), is hereby further amended to read as follows: (S) Subsoil Drain Pipe: Subsoil drains shall be open jointed, horizontally split or perforated pipe. Footing drains to shall be connected to the sump pump. as discharge shall be made to storm or combination sewers, and not to sanitary sewers Any new sump pump discharge shall be made to the storm sewer system (where available) or onto the premise without causing retention of stagnant water thereon. Sump pump discharge shall be a minimum of ten feet (10’) from any property line and directed towards the front or rear property lines so as not to adversely affect neighboring properties and/or the public way. Sump pumps shall not be directly connected to the sanitary, combined, and/or relief combined sewers without permission from the City Manager or his/her designee. Any property owner who requests an exception from the City Manager or his/her designee from the ten feet (10’) requirement in this subsection must show evidence of hardship. All evidence of such hardship must be visually documented and, at minimum, demonstrate how standing water may adversely affect the foundation or walls of the property owner’s real property. This visual evidence shall also be accompanied by distance measurements to scale, accurately depicting the subject area implicated by sump pump discharge. A property owner maintains the burden of proposing an alternative sump pump discharge plan which will not adversely affect neighboring properties and/or the public way. The City Manager or his/her designee is authorized to promulgate all necessary rules and regulations regarding an exception to this subsection. All windows wells require drains. The drains shall be connected to drain tile, and drain into sump. 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. 415 of 631 76-O-12 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   ~2~ 416 of 631 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, September 24, 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 September 10, 2012 III. ITEMS FOR CONSIDERATION (P1) Ordinance 38-O-11 amending Title 5, Chapter 8 of the City Code to Require the Licensing of Rental Dwelling Units Staff recommends adoption of proposed Ordinance 38-O-11 regarding the Licensing of Rental Dwelling Units amending Title 5, Chapter 8 of the City Code to be effective July 1, 2013. The Planning and Development Committee considered and accepted the report of the Mayor’s Rental Unit Licensing Committee at the July 23, 2012, Planning and Development Committee meeting. For Introduction (P2) Ordinance 108-O-12, Amending Title 5, Chapter 2 of the City Code to Require the Licensing of Vacation Rentals Staff requests consideration of Ordinance 108-O-12, which amends Title 5, Chapter 2 of the City Code to create a license for persons who rent out their homes for fewer than 30 days, commonly referred to as vacation rentals. For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 417 of 631 Planning & Development Committee Meeting Minutes of September 10, 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. Chen, G. Farrar, S. Griffin, D. Gaynor, D. Marino, B. Newman PRESIDING OFFICIAL: Ald. Fiske I. DECLARATION OF QUORUM A quorum being present, Chair Fiske called the meeting to order at 7:15 p.m. II. APPROVAL OF THE JULY 23, 2012 MEETING MINUTES Ald. Wilson moved approval of the minutes, seconded by Ald. Rainey. The minutes of the July 23, 2012 meeting were approved unanimously 5-0. III. ITEMS FOR CONSIDERATION (P1) Resolution 67-R-12, Designating that Portion of Mulford Street West of Dodge Avenue in James Park with the Honorary Street Name Sign, “Lionel & Irma Carter Drive” Staff recommends adoption of Resolution 67-R-12 designating a portion of Mulford Street west of Dodge Avenue in James Park, “Lionel & Irma Carter Drive.” For Action Ald. Wynne moved approval, seconded by Ald. Wilson. Ald. Rainey said the Carters contributed a great deal to the Levy Center and this name change does not create problems associated with re-naming a residential street because there are no addresses on it, yet everyone passes it on their way into the Levy Center. She noted that there would be a huge celebration at the Levy Center on Saturday, September 15th, 2012 in honor of the 10th anniversary of the Levy Center. The Committee voted unanimously 5-0 to recommend approval of Resolution 67- R-12. (P2) Approval of Substantial Amendment to the 2012 Action Plan, HOME Program The Housing Commission and staff recommend approval of the Substantial Amendment to the City and HUD approved 2012 Action Plan that establishes a once per yea r deadline for HOME applications. For Action Ald. Rainey moved approval, seconded by Ald. Wilson. DRAFT - NOT APPROVED 418 of 631 Planning & Development Committee Meeting Minutes of 9-10-12 Page 2 of 5 Mr. Griffin explained that the deadline of October 31st will make it easier to manage the applications and evaluate them all at the same time. Prior to the amendment there was a rolling deadline. The Committee voted unanimously to recommend approval of the Amendment. (P3) Resolution 63-R-12, Plat of Subdivision for 1600 Foster Street Staff and the Site Plan and Appearance Review Committee (SPAARC) recomme nd adoption of 63-R-12, which would approve the creation of seven lots from one, at 1600 Foster, which will implement the first phase of Emerson Square, the second component of the City’s $18.15 million Neighborhood Stabilization Program 2 (“NSP2”) grant, awarded by HUD. Ordinances authorizing the City Manager to negotiate and sell the property at 1600 Foster Street appear on the Administration & Public Works agenda, items A16 – A19. For Action Ald. Holmes moved approval, seconded by Ald. Rainey. Chair Fiske called the public who wished to speak to the podium: Betty Ester of 2031 Church Street said she was speaking not with an objection but the concern of a neighbor who had called her, upset that her house was shaking due to the construction at the site. Ms. Ester advised her neighbor to call the City Manager’s office and ask them to cease construction because the 100 year old homes on Dewey are beginning to be affected. She said the neighbors feel they have not been heard. Ald. Holmes said she had not received any complaints regarding the construction from anyone on Dewey until she had heard of the complaint from Mr. Marino, who called Ald. Holmes that afternoon. Mr. Marino said the complaint was received in the Legal Department on Friday , September 7th from a neighbor on the block to the west of the former Bishop Freeman site, where the construction is taking place. He said the City has a team that will investigate the problem. Todd Lieberman of Brinshore, the developer, said the site work and demolition is under way and that concrete is being ground on site. He said he has reached out to neighbors and will visit the site with the construction team and examine the property. The Committee voted unanimously 5-0 to recommend approval of Resolution 63- R-12. (P4) Ordinance 94-O-12, Amending the Special Use for a Convenience Store at 555 Howard Street in the B3 District Staff recommends approval of proposed Ordinance amending an existing Special Use for the convenience store located at 555 Howard Street to allow it to open at 6:00 a.m. instead of 7:00 a.m. and to remain open until 8:00 p.m. instead of 7:00 p.m. For Introduction 419 of 631 Planning & Development Committee Meeting Minutes of 9-10-12 Page 3 of 5 Ald. Rainey moved to introduce Ordinance 94-O-12, seconded by Ald. Holmes. Ald. Rainey explained that the special use was approved a few years ago when the current owner purchased the convenience store, but he claimed not to have known about the restricted hours of operation imposed by the special use permit and kept the store open all night. There were many police calls. Currently, the owner has become an active member of the Howard Street Business Organization and the police calls have diminished. Based on the big change in his behavior, she is recommending approval of the increase in hours of operation, to be re-evaluated in 6 months, at which time perhaps permission will be given to extend the hours further. She asked the Committee to recommend suspension of the rules in order to have the Ordinance approved. The Committee voted unanimously 5-0 to recommend approval of Ordinance 94- O-12 and suspend the rules to consider it for action. (P5) Ordinance 96-O-12, Granting a Special Use Permit for a Planned Development Located at 1211 Chicago Avenue (Trader Joe’s), Plan Commission and City staff recommend the adoption of Ordinance 96-O-12, granting planned development approval for the proposed new Trader Joe’s at 1211 Chicago Avenue. For Introduction Mr. Marino presented the site plan for the proposed Trader Joe’s at the former 13,000 sq. ft. site of the Video Store and formerly Saxon Paint. He said 81 parking spots, more than are required, are proposed. He noted that the process has been very positive with the developer attending to details of the site plan that affect the adjacent neighbors. Scott Gendell of Terraco, a managing member of the LLC that owns Trader Joe’s, explained that in cooperation with the neighbors, they closed the alley to truck traffic except for trash pickup trucks and deliveries are to be done in an enclosed delivery facility in the triangular area at the far east end of the property, surrounded by an 8’ sound- attenuated stone wall. He noted that the building is attractive with a trellis along Chicago Avenue and a landscaped area. He explained that they walked through the issues in several meetings with the neighbors and the alderman. Ald. Wynne moved to introduce Ordinance 96-O-12, seconded by Ald. Wynne Ald. Wynne commended the developers for their collaborative effort and thanked Terraco for their cooperation in this situation where a commercial zone is adjacent to a residential zone. She said the community raised very good points and with new technology the light pollution could be eliminated and the sound attenuated. Deliveries have been limited to specific times, and landscaping has made it a successful collaborative effort. She thanked Terraco for their creativity and cooperation and commented that the Trader Joe’s will benefit everyone in Evanston. The Committee voted unanimously 5-0 to introduce Ordinance 96-O-12. 420 of 631 Planning & Development Committee Meeting Minutes of 9-10-12 Page 4 of 5 IV. ITEMS FOR DISCUSSION (PD1) Bed and Breakfast (B&B) Uses Materials for discussion include the B&B packet distributed to City Council on 8/13/12 and a report about B&B establishments in other communities. For Discussion Chair Fiske called the public who wished to speak to the podium: Frank Cicero of 222 Lake, Evanston, said he was pleased to be able to speak again regarding the B&B issue. He said he believes the B&B should be the primary residence of the B&B owner/operator with 50% ownership and that LLC’s should be pr ohibited from operating B&B’s. He said the purpose of an LLC is to 1), give owners maximum flexibility in how they manage their businesses and 2), to insulate them from personal responsibility such as casualties, taxes and compliance to regulations. He said an owner is protected by insurance, but an LLC attempts to give other types of protection. He added that if this is left to be dealt with in the special use process, the same issue will arise each time and it will become very messy to deal with on a case-by-case basis. Chair Fiske thanked Mr. Cicero. David Reynolds of 204 Davis, Evanston, asked the Committee to consider that B&B’s as commercial uses will be inserted in residential zoning districts. He explained that most homeowners have their most valuable asset and spend most of their time in their homes. He asked that the Committee be considerate not to diminish the value of their homes. Chair Rainey commented that there was an interesting variety of communities represented in the packet and that the biggest issue for them was parking. She said she saw nothing in the examples, unless staff forgot to include it, about the number of B&B’s or the distance between them in a residential district. Ald. Wynne thanked staff for the information and said there were two critical issues with ownership. She thanked Frank Cicero for his lucid description of the mess they will have if each LLC applies for a special use. She said clarifying the requirements is the best they can do for the B&B issue and she believes they should be owned by single family homeowners. She explained that most people who bought their homes in residential districts don’t expect to have businesses on their street, so the distance, density and ownership issues are critical. Ald. Rainey noted that there has only been one inquiry and one application for a special use permit to open a B&B this year and she believes this is like the chicken coop and beehive issues, on which the Committee will waste a great deal of time for few occurrences. She added that there are B&B’s in every ward, not just in Chair Fiske’s neighborhood. Ald. Holmes said she supports having a distance requirement and not having any neighborhood be overrun with any type of business but she agrees with Ald. Rainey that it is time to move on. 421 of 631 Planning & Development Committee Meeting Minutes of 9-10-12 Page 5 of 5 Chair Fiske said she is impressed with Ald. Rainey’s neighborhood as well. She said the problem is that B&B’s have not been profitable as Mom & Pop businesses and that is why there have not been many applications for them, however she does not believe it was ever intended for LLC’s to own them. She believes there will be more LLC’s applying to open businesses in the residential districts if they allow it. She asked that staff look for a better definition of ownership, especially related to the LLC’s and a specific distance requirement between B&B’s. This request was seconded by Ald. Wynne. Ald. Rainey said they need to discuss it further and asked that staff give an opinion but not present an ordinance that has already been defeated. She noted that the 10th richest person in the world has asked to have a B&B in Evanston, to which Chair Fiske replied that he owns 4 other properties on a single block. The Committee agreed to refer the issue to the Law Department. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT The meeting was adjourned at 7:55 p.m. Respectfully submitted, Bobbie Newman 422 of 631 For Planning & Development Committee meeting of September 24, 2012 Item P1 Ordinance 38-O-11 Rental Unit Licensing For Introduction To: Honorable Mayor and Members of the City Council Planning & Development Committee From: Steve Griffin, Director of Community & Economic Development Subject: Ordinance 38-O-11 amending Title 5, Chapter 8 of the City Code to Require the Licensing of Rental Dwelling Units Date: September 17, 2012 Recommended Action Staff recommends adoption of proposed Ordinance 38-O-11 regarding the Licensing of Rental Dwelling Units amending Title 5, Chapter 8 of the City Code to be effective July 1, 2013. The Planning and Development Committee considered and accepted the report of the Mayor’s Rental Unit Licensing Committee at the July 23, 2012 Planning and Development Committee meeting. Additional recitals and the changes suggested by this Committee are shown on the attached ordinance as underlined or strike- thru. Summary The City of Evanston has over 13,000 rental dwelling units city-wide. The current procedure of registering and subsequently invoicing these units does not provide for a systematic program for life-safety inspections prior to their registration. The proposed ordinance would instead provide a licensing procedure that is predicated on units being inspected prior to the issuance of said rental licensing. By joining other communities in Illinois with rental dwelling unit licensing, staff hopes to achieve the means to solve chronic problems for those rental dwelling units which have a long and re-occurring history of life-safety code violations. The proposed rental unit licensing ordinance shall not require licenses for: 1. Owner occupied units 2. Units located in two-family dwellings (two-flats) where one of the two units is owner occupied 3. Units registered as vacant buildings 4. Lodging establishments that are already registered under Title 5, Chapter 2 5. Units licensed and inspected by the State of Illinois or the Federal Government 6. Units owned by governmental agencies or public housing authorities Memorandum 423 of 631 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. The Mayor-appointed Rental Unit Licensing Committee was established and comprised of homeowners, renters, real estate professionals, and Aldermen 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:  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 standards of the unit. The floor plan is to depict the living space such as the number of bedrooms, living room, and kitchen.  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. Staff recommends that multifamily buildings that have units with full sprinkler systems should indeed be reduced from $26 per unit to $13 per unit. It is estimated that approximately 25% of all rental units in Evanston have sprinkler systems.  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.  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.  5-8-7(B), the Committee interprets that the intent of this section applies to the submission of false information and/or lack of submission of accurate and true information.  Section 5-8-8(A), the Committee came to consensus that egregious violations such as: “Life Safety”; “Building Regulations”; “Housing Regulations”; “Zoning”; “Health 424 of 631 and Sanitation”; and Nuisance premises, should be a fundamental part of licensing rental units, denial of the license, and/or revocation.  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..”  5-8-8(C), the Committee recommends the consideration to continue the practice of “hearings shall be conducted by the City Manager.”  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.  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 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 process 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; 425 of 631 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 suggested 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 38-O-11 Rental License Committee Minutes of 3-22-12, 4-19-12, 4-19-12(2), & 5-17-12 426 of 631 9/14/2012 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, the Supreme Court of Illinois has recognized that “the concept of home rule adopted under the provisions of the 1970 constitution was designed to drastically alter the relationship which previously existed between the local and State government” (Kanellos v. County of Cook (1972), 53 Ill.2d 161, 166); and WHEREAS, the Local Government Committee to the delegates of the sixth Illinois constitutional convention found that home-rule powers are most urgently needed by larger municipalities in the more highly urbanized areas of the state. Although the problems of urban society affect many small localities, they are felt most intensely in larger cities and villages. Dense concentrations of population and industry call for the creative use of flexible governmental powers to achieve and maintain order, social justice and a satisfactory quality of life. The renewal of old and deteriorating neighborhoods and business districts which characterize larger municipalities requires extra revenue, better planning and more efficient administration (7 Record of Proceedings, Sixth Illinois Constitutional Convention, 1628-29); and WHEREAS, the Supreme Court of Illinois held that, even in 1981, 427 of 631 38-O-11 ~2~ [t]he City of Evanston is a densely populated and highly urbanized municipality with a large number of rental units… In accordance with the goals attempted to be achieved by the creation of home rule, the local governing body can create an ordinance specifically suited for the unique needs of its residents and is keenly and uniquely aware of the needs of the community it serves (City of Evanston v. Create, Inc., 85 Ill.2d 101, 113-14); 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 Supreme Court of Illinois has held that the home rule unit of Evanston may act under its constitutionally granted police powers to pass reasonable regulations concerning the activities of landlords and tenants in order to protect the public health, safety, morals, and welfare… The right of a private party to contract in regard to his property must be subordinate to the overriding needs to protect the interests of the public at large (Create, supra, at 115); and 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 428 of 631 38-O-11 ~3~ WHEREAS, the City equally enforces the aforementioned codes with regards to lodging establishments and rental dwelling units City-wide; 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 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, in 1983 and pursuant to its home rule powers, the Village of Mount Prospect adopted an ordinance, upheld by the First District Appellate Court of Illinois, that charged a licensing fee for rental dwelling units in order to “maintain and improve the quality of rental housing” (Oak Park Trust & Savings Bank v. Village of Mount Prospect, 181 Ill.App.3d 10, 13) 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 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 429 of 631 38-O-11 ~4~ 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 September 24, 2012, the P&D Committee held a meeting, 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 October 8 and October 22, 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, this ordinance provides appropriate due process to owners of properties subject to the ordinance; and 430 of 631 38-O-11 ~5~ WHEREAS, in order to comply with this ordinance, property owners need only comply with the applicable provisions of the City Code, thereby fulfilling their responsibilities regarding tenants’ health, safety, and welfare; 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 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. 431 of 631 38-O-11 ~6~ 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. UNIT: Shall have the same definition as “dwelling unit” in Section 6-18-3 of this Code. 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: 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 or vacation rentals 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: 432 of 631 38-O-11 ~7~ 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; 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%). 433 of 631 38-O-11 ~8~ (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. (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. 434 of 631 38-O-11 ~9~ 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 ($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;” 435 of 631 38-O-11 ~10~ 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; 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. 436 of 631 38-O-11 ~11~ 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. (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. 437 of 631 38-O-11 ~12~ 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 438 of 631 38-O-11 ~13~ 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 439 of 631 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 440 of 631 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. 441 of 631 APPROVED ON 4/19/12 Page 3 of 3 Rental Unit Licensing Committee Respectfully Submitted, Shanee Weston Management Analyst, Community & Economic Development 442 of 631 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. 443 of 631 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 444 of 631 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 445 of 631 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. 446 of 631 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 447 of 631 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. 448 of 631 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 449 of 631 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 450 of 631 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. 451 of 631 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 452 of 631 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. 453 of 631 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 454 of 631 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. 455 of 631 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 456 of 631 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 457 of 631 For City Council meeting of September 24, 2012 Item P2 Ordinance 108-O-12: Licensing of Vacation Rentals For Introduction To: Honorable Mayor and Members of the City Council Planning & Development Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 108-O-12, Amending Title 5, Chapter 2 of the City Code to Require the Licensing of Vacation Rentals Date: September 12, 2012 Recommended Action: Staff requests consideration of 108-O-12. Funding Source: N/A Summary: Ordinance 108-O-12 amends Title 5, Chapter 2 of the City Code to create a license for persons who rent out their homes for fewer than 30 days, commonly referred to as vacation rentals. While a common practice in Europe, it has grown prevalent in the U.S. only in recent years, and come to light in Evanston over the past few months. Title 5, Chapter 2 currently applies to lodging establishments (e.g., hotels, dormitories), which are similar to vacation rentals in that they provide short-term, furnished accommodations. Ordinance 108-O-12 would extend the existing lodging establishment regulations to vacation rentals with some minor differences that are explained below. §5-2-1-(B) creates a definition of “vacation rental” apart from other licensed premises. §5-2-5-(C) creates a flat annual fee for a vacation rental license. §5-2-6-(F) establishes that no vacation rental stay may be shorter than 24 hours. This does not apply to all lodging establishments as that would be impractical for hotels which usually have afternoon check-in times and morning check-out times. §5-2-6-(G) establishes that vacation rental operators may not provide food or alcohol to their guests. This does not apply to all lodging establishments as that would prevent hotels from having restaurants. Memorandum 458 of 631 Page 2 of 2 §5-2-6-(H) requires vacation rental operators to clean the kitchens and cooking utensils therein between guests, which is inapplicable to lodging rooms as they lack kitchens. §5-2-6-(I) requires vacation rental operators to cite their license number in print and online advertisements. Below are some relevant definitions from Section 6-18-3 of the Zoning Ordinance: DWELLING UNIT: A room or group of contiguous rooms that include facilities used or intended to be used for living, sleeping, cooking and eating, and that are arranged, designed or intended for use exclusively as living quarters. GUEST, PERMANENT: A person who occupies or has the right to occupy a residential accommodation for a period of thirty (30) days or more. LODGING ROOM (ROOMING UNIT): A room or group of rooms forming a single habitable unit that is not physically a part of a Dwelling Unit or, though physically a part of a Dwelling Unit, is used or intended for use by a person or persons other than members of the family occupying said Dwelling Unit, and that is used or intended to be used as sleeping and living quarters, but without facilities for cooking, eating, food storage or food preparation. ROOMING HOUSE: A building or portion thereof containing Lodging Rooms that accommodate more than three (3) persons who are not members of the keeper's family, and where lodging, excluding food service, is provided for compensation, whether direct or indirect. Legislative History: N/A Attachments: Ordinance 108-O-12 459 of 631 9/12/2012 108-O-12 AN ORDINANCE Amending Title 5, Chapter 2 of the City Code to Require the Licensing of Vacation Rentals 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 WHEREAS, licenses are not fundamental rights subject to substantive due process, but property rights subject to the rational basis analysis of economic regulation (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124); and 460 of 631 108-O-12 ~2~ WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City licenses lodging establishments, including, but not limited to, boarding houses, dormitories, fraternity houses, furnished rooming houses, hotels, lodging houses, private clubs, retirement hotels, rooming houses, and sorority houses; and WHEREAS, vacation rentals, as defined herein, are similar to many of said types of lodging establishments in that they provide furnished accommodations to transient guests; and WHEREAS, at present, the City does not license vacation rentals; and WHEREAS, on September 24, 2012, the P&D Committee held meetings, in compliance with the provisions of the Illinois Open Meetings Act, received input from the public, carefully considered the licensing of vacation rentals, determined that there is a compelling governmental interest in licensing vacation rentals in order to protect the health, safety, and welfare of City residents and guests, and recommended adoption thereof by the City Council; and; WHEREAS, on September 24 and October 8, 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, 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. 461 of 631 108-O-12 ~3~ SECTION 2: Title 5, Chapter 2 of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: CHAPTER 2 - LODGING ESTABLISHMENTS; VACATION RENTALS 5-2-1: APPLICABILITY OF PROVISIONS: (A) This Chapter shall apply to any building, structure or portion thereof which is equipped to provide, for compensation lodging rooms or rooming units to three (3) or more persons unrelated to the owner or operator of the building or structure. This shall include, but not be limited to, the following: apartment hotel, boarding house, dormitory, fraternity, furnished rooming house, hotel, lodging house, private club, retirement hotel, rooming house or sorority. For the purpose of this Chapter, rooming units and lodging rooms are defined in Section 6-18-3 of the Evanston Zoning Code. (B) This Chapter shall apply to any vacation rental, defined as a Dwelling Unit that is available for rent by persons other than members of the Owner’s Family and Permanent Guests, as those terms are defined in Section 6-18-3 of the Evanston Zoning Code. The term “vacation rental” shall not include rental dwelling units licensed pursuant to Title 5, Chapter 8 of this Code, hotels or motels, licensed pursuant to Title 3, Chapter 2 of this Code, and/or bed and breakfast establishments, licensed pursuant to Title 8, Chapter 19 of this Code. 5-2-2: LICENSE REQUIRED: No house, building or accessory structure hereafter constructed or erected in the City shall be used as set forth in Section 1 of this Chapter, and no house, building or accessory structure heretofore erected and not now used for such purpose, or any building, house, structure or portion thereof which is now used or intended to be used or occupied for such purposes shall be converted into, used as or leased as set forth in Section 1 of this Chapter, unless such building and every part thereof is licensed pursuant to the requirements of this Chapter and conforms to such other requirements of the building, zoning, housing, fire prevention and health ordinances of the City (Title 4, Chapter 2; Title 6; Title 5, Chapter 1; Title 4, Chapter 4; and Title 8, respectively, of this Code) as may apply. 5-2-3: LICENSE REQUIRED; QUALIFICATIONS; LICENSE TERM: Any license issued pursuant to the terms of this Chapter shall expire on December 31 of each year and such license shall not be transferable (see Title 3, Chapter 1 of this Code). 5-2-4: APPLICATION PROCEDURE: 462 of 631 108-O-12 ~4~ (A) Contents of Application: A written application for the license required upon forms furnished by the City Manager or his/her designee shall be filed with said person on or before November 1 of each year and shall accurately state: 1. The full name and address of the applicant and the person in whose name such license is to be issued; 2. The full name and address of the owner of the building and premises where such use is proposed to be carried on; 3. The number of rooms in such building and which of such rooms in the building are to be occupied as sleeping rooms; and 4. The number of persons proposed to be accommodated or allowed in each room. (B) Floor Plan Required: Such applicant shall file with the application four (4) copies of a plan of each floor of the building, which plan shall be drawn to a scale of not less than one-quarter inch to a foot (¼" = 1') showing all fire escapes, stairs and halls, the location and size of all windows, the location and size of habitable rooms and the exits on each floor; a statement in writing showing the maximum number of persons proposed to be accommodated or allowed on each floor, and the intended use of every room in the building must be written in the submitted plan. This floor plan requirement is applicable only to new construction, to buildings or portions thereof newly converted to rooming houses or vacation rentals, and to existing rooming houses or vacation rentals, the floor plan of which has changed. (C) Approval of Officers: Upon receipt of the application and plans required by this Chapter, it shall be the duty of the City Manager or his/her designee to submit a copy of the application and plans to each of the following: Director of Community and Economic Development Fire Chief Public Health Director 5-2-5: LICENSE FEES: The license required by this Chapter shall be issued by the Department of Community and Economic Development and the annual fee for such license, which the applicant shall submit with the license application, shall be as follows: (A) For each and every building containing a use as set forth in Subsection 1-(A) of this Chapter, one hundred sixty six dollars ($166.00). (B) Buildings containing a use as set forth in Subsection 1-(A) of this Chapter, twenty-six dollars ($26.00) per roomer, guest or transient occupant. 463 of 631 108-O-12 ~5~ (C) For each and every use as set forth in Subsection 1-(B) of this Chapter, two hundred fifty dollars ($250.00). (C D) Late Payment Penalty: 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%). 5-2-6: ROOMING HOUSES; REQUIREMENTS AND STANDARDS: Every provision of this Chapter which applies to rooming houses shall also apply to hotels, except to the extent that any such provision may be found in conflict with the laws of the State of Illinois. (A) At least one flush water closet, lavatory basin and bathtub or shower, properly connected to a water and sewer system approved by the Director of Community & Economic Development or his/her designee and in good working condition, shall be supplied for each six (6) persons or fraction thereof residing within a rooming house or vacation rental including members of the operator's family whenever they share the use of such facilities, provided that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half (½) of the required number of water closets. All such facilities shall be so located within the dwelling as to be reasonably accessible to all persons sharing such facilities from a common hall or passageway. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. No such facilities shall be located in a basement except by written approval of the Director of Community & Economic Development or his/her designee. (B) The operator of every rooming house and/or vacation rental shall change supplied bed linens and towels therein at least once each week, and prior to the letting of any room to any new occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner. (C) Every room occupied for sleeping purposes shall contain the following floor space: One person … Seventy square feet (70 sq. ft.) More than one person… Fifty square feet (50 sq. ft.) per occupant (D) Every rooming unit or vacation rental shall have safe, unobstructed means of egress leading to safe and open space at ground level as required by the laws of the State of Illinois and the City. (E) The operator of every rooming house or vacation rental shall be responsible for the safe and sanitary maintenance of all walls, floors and ceilings and for the maintenance of a sanitary condition in every other part of the rooming house. The operator shall be further responsible for the safe and sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator. 464 of 631 108-O-12 ~6~ (F) No vacation rental operator shall: 1. Rent or lease any vacation rental by the hour or for any period of fewer than twenty-four (24) consecutive hours; 2. Rent or lease any vacation rental more than once within any consecutive twenty-four (24) hour period measured from the commencement of one rental to the commencement of the next; or 3. Advertise an hourly rate or any other rate for a vacation rental based on a rental period of fewer than twenty-four (24) consecutive hours. (G) No vacation rental operator shall serve or otherwise provide any food and/or alcohol to any guest. (H) Any kitchen in a vacation rental shall be cleaned and sanitized between guests and all food and beverages shall be thrown away. All dishes, utensils, pots, pans and other cooking utensils shall be cleaned and sanitized between guests. (I) Every vacation rental operator shall include the license number in every print and online advertisement for the vacation rental. 5-2-7: DUTIES OF CITY OFFICERS: The Director of Community & Economic Development and the Public Health Director shall inspect or cause to be inspected, annually, all premises requesting a license, and the Fire Chief shall inspect or cause to be inspected such premises at least once every three (3) years. A license shall not be issued unless the premises meet the minimum safety standards of all applicable codes. The Fire Chief, Director of Community & Economic Development and the Public Health Director shall sign the license and so indicate that the said premises comply with minimum safety standards. 5-2-8: INSPECTIONS REQUIRED: Inspections by the Community and Economic Development and the Health Departments shall be on an annual basis and inspection by the Evanston Fire Department shall be at least once every three (3) years or more often if deemed necessary to conduct, keep or operate any use as set forth in this Chapter. It shall be the duty of the City Manager or his/her designee to authorize the inspections of such premises and to determine that all ordinances of the City are complied with. 5-2-9: CONDITIONS AND REQUIREMENTS: (A) Number of Rooms Limited by Zoning Regulations: No use as set forth in Section 1 of this Chapter shall provide for more than the number of persons permitted by the zoning regulations of the City, set forth in Title 6 of this Code. 465 of 631 108-O-12 ~7~ (B) Register Kept: The landlord, proprietor, keeper, manager or clerk of every use regulated herein, shall keep a register in which shall be entered the name of every person who becomes a lodger, boarder, or paying guest therein. Such register shall also show the number and location of the room or bed occupied by such person, the date of his/her arrival, and the period for which the guest engaged board or lodging. The register shall also be accessible, without charge, to any police officer or duly authorized agent of any of the Health, Fire or Community & Economic Development Departments of the City. The licensee's failure to keep and/or make the register accessible as provided for herein shall be a violation of this Chapter. 5-2-10: NUISANCE DECLARED: The provisions of this Chapter shall be held to be the minimum requirements with respect to the uses set forth in Section 1 of this Chapter for the promotion of the public health, safety, comfort, convenience and general welfare; and the maintenance or use of any such use in violation of the provisions of this Chapter is hereby declared to be and shall constitute a public nuisance. 5-2-11: PENALTY: (A) Any owner, tenant or other person who shall be found to have violated any of the provisions of this Chapter shall be guilty of an offense punishable as follows: 1. The fine for a first violation is one hundred fifty dollars ($150.00). 2. The fine for a second violation four hundred dollars ($400.00). 3. The fine for a third or subsequent violation is seven hundred fifty dollars ($750.00). (B) Each day a provision of this Chapter is found to have been violated constitutes a separate violation subject to the fine schedule set forth in this Section. (C) The fines provided for herein shall not be construed as limiting the power of a court of competent jurisdiction or an administrative hearing officer to impose other penalties and remedies as provided for by applicable legislation. In addition, a licensee found to have violated any provision of this chapter may be subject to license revocation, suspension, or nonrenewal. 5-2-12: ADMINISTRATION AND ENFORCEMENT: (A) Administration: The Director of Community & Economic Development ("Director") or his/her designee is charged with the administration of this Chapter. (B) Suspension or Revocation of License: The Director may suspend or revoke a license, or deny renewal of a license issued under the provisions of this Chapter if he/she determines that the licensee has violated any of the provisions hereof. 466 of 631 108-O-12 ~8~ 1. No such license shall be so revoked or suspended except after a hearing by the City Manager or his/her designee with a three (3) business day notice to the licensee affording the licensee an opportunity to appear and defend. The notice shall specify the reason for the contemplated suspension or revocation and shall give the date, time, and room number in the Civic Center of the hearing. Notice shall be sufficient if sent to the address stated on the licensee's application. 2. If the Director certifies to the City Manager that he/she has reason to believe that immediate suspension of the license is necessary to prevent the threat of immediate harm to the community, the City Manager may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the license suspended for not more than seven (7) days. The City Manager may extend the suspension during the pendency of a hearing upon a written determination that doing so is necessary to prevent the aforesaid harm to the community. 3. Hearings shall be conducted in accordance with procedures drafted by the Corporation Counsel. 4. The City Manager shall issue his/her decision within ten (10) business days after the close of the hearing. In reaching a decision, the City Manager may consider any of the following: a. The nature of the violation. b. The nature and extent of the harm caused by the licensee's action or failure to act. c. The factual situation and circumstances surrounding the violation. d. Whether or not the action or failure to act was willful. e. The record of the licensee with respect to violations. 5. The City Manager may suspend a license for a period of up to ninety (90) days. A licensee whose license has been revoked shall not be eligible to reapply for a new license for a period of one year from the date that the revocation or nonrenewal took effect. 5-2-13: 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. 467 of 631 108-O-12 ~9~ 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 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 468 of 631 For City Council meeting of September 24, 2012 Item P3 Ordinance 96-O-12 Granting a Planned Development at 1211 Chicago Avenue For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Steve Griffin, Direct of Community & Economic Development Dennis Marino, Manager, Planning and Zoning Division Craig Sklenar, General Planner Subject: Ordinance 96-O-12 Planned Development (Trader Joe’s), 1211 Chicago Avenue, 12PLND-0051 Date: August 28, 2012 Recommended Action Plan Commission and City staff recommend the adoption of Ordinance 96-O-12, granting planned development approval for the proposed new Trader Joe’s 13,000 sf. at 1211 Chicago Avenue. Trader Joe’s is a use the City has attempted to attract for many years and will enhance the revitalization of the Chicago Avenue Corridor. The applicant has complied with all zoning requirements, and meets all of the standards of a Planned Development. In addition to meeting the standards of a Planned Development, the applicant has designed the development to accommodate the Chicago Avenue Streetscape along its frontage to further implement this design along the corridor. This ordinance was introduced at the September 10, 2012 City Council meeting. Background The property at 1211 Chicago Avenue has been vacant for several years. This development is made possible by a public/private partnership between the City and developer and fulfills a goal of the City to attract a Trader Joe’s to Evanston. In order for the Trader Joe’s site to be developed properly, the City of Evanston is purchasing the properties to the north of 1211 Chicago Avenue and will be leasing the land to the Applicant under a long term lease to achieve the parking needs of Trader Joe’s. A consensus has been reached among neighbors and the developer applying for this Planned Development. City staff, the developer, Alderman Wynne and neighborhood groups met to discuss the concerns of the neighborhood and provide solutions to the problems that arose during the July 11, 2012 Plan Commission meeting. At that meeting, residents within 1000’ of the property expressed concern over the development’s delivery hours, noise, traffic Memorandum 469 of 631 congestion, light pollution, alley access to the site and trash collection hours. Due to the number of concerns the Plan Commission tabled discussion to the August meeting. At the August 8 meeting of the Plan Commission the developer and Alderman Wynne detailed the negotiated design changes ranging from a fully enclosed loading dock to a high quality sound wall along the alleyway to reduce traffic noise. The Plan Commission provided a unanimous favorable recommendation of the proposed planned development with the development conditions as spelled out in the draft ordinance. Zoning Ordinance The C1 Commercial District governs the subject property at 1211 Chicago Avenue. 6-10-1-9 Section D-1 requires any development whose lot area is over 30,000 square feet in size must apply for a Planned Development. The Applicant’s property is 71,417 square feet in size, requiring a Planned Development for approval by the City Council. Ordinances Identified for Requested Relief: 6-10-2-8 (E): C1 Commercial District YARD REQUIREMENTS, SIDE YARD – Side Yard when abutting nonresidential district: building – 5 feet; parking – 5 feet. The Applicant is requesting a 3’9” setback on the northern property line and a 1’-0” setback on the southern property line in lieu of the required 5’ setback. Traffic Impact The traffic generated from the proposed use can be absorbed into the Chicago Avenue corridor without significant impact on the corridor or the surrounding neighborhood. 2000 Comprehensive General Plan The Comprehensive Plan has specific goals and objectives to promote the growth and redevelopment of business, commercial and industrial areas of Evanston. The redevelopment and site improvements of the property at 1211 Chicago Avenue achieve these goals by developing a property that is underutilized into a neighborhood asset. The following documents are included: Ordinance 96-O-12 This document provides a detailed description of the proposed planned development and the development allowances that will be granted. Plan Commission Staff Report July 3, 2012 This report includes a detailed background and analysis evaluation of the proposal as it relates to the Comprehensive General Plan. 470 of 631 Plan Commission Minutes – July 11 and August 8, 2012 meetings This document notates the votes and motions that concern the proposed planned development and the recommendations from the Plan Commission. 1211 Chicago Avenue Planned Development Application Binder This document is the application submitted by Gendell/WNB, LLC, for the planned development. It includes proposed site plans and statements as to how the planned development adheres to the standards for approval of a planned development. Findings of Fact Worksheet – Planned Development This document is used by the Plan Commission to determine if a proposed Plan Development is compliant with the standards as set forth in the City Municipal Code. The attached sheet is the Plan Commission’s findings. Plan Commission Hearing Videos – July 11 and August 8, 2012 meetings Legislative History July 11, 2012 – Plan Commission heard testimony from the applicant and neighbors that were for or against the proposed development. The Commission tabled discussion to the August 8, 2012 meeting of the Plan Commission in order for some development issues to be negotiated between the neighborhood and the developer. August 8, 2012 – Plan Commission voted 8-0 to recommend approval of the proposed planned development as proposed with the changes provided by the developer. Attachments Ordinance 96-O-12 Plan Commission Staff Report 07.11.12 Plan Commission Minutes 08.08.12 Plan Commission Minutes 08.08.12 Findings of Fact Worksheet 1211 Chicago Avenue Planned Development Application Binder 07.11.12 Plan Commission Hearing Video 08.08.12 Plan Commission Hearing Video 471 of 631 9/6/2012 96-O-12 AN ORDINANCE Granting a Special Use Permit for a Planned Development Located at 1211-1229 Chicago Avenue in the C1 Commercial District (“Trader Joe’s”) 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 472 of 631 96-O-12 ~2~ WHEREAS, Gendell/WNB, LLC (the “Applicant”), owner of the property located at 1211 Chicago Avenue, Evanston, Illinois (the “Subject Property”), legally described in Exhibit A, which is attached hereto and incorporated herein by reference, applied, pursuant to the provisions of the Zoning Ordinance, specifically Section 6-3-5, “Special Uses”, Section 6-3-6, “Planned Developments”, and Subsection 6-10-1-9, “Planned Developments” in Commercial Zoning Districts, to permit the construction and operation of a Planned Development with accessory parking located at the Subject Property in the C1 Commercial Zoning District (“C1 District”); and WHEREAS, the Applicant sought approval to construct a new grocery store, approximately thirteen thousand square feet (13,000 ft2) in area, with eighty-one (81) open, off-street parking spaces; and WHEREAS, construction of the Planned Development, as proposed in the application, requires exception from the strict application of the Zoning Ordinance with regards to side yard setbacks; and WHEREAS, pursuant to Subsection 6-3-6-5 of the Zoning Ordinance, the City Council may grant Site Development Allowances to the normal district regulations established in the Zoning Ordinance; and WHEREAS, on July 11 and August 8, 2012, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.) and the Zoning Ordinance, the Plan Commission held a public hearing on the application for a Special Use Permit for a Planned Development, case no. 12PLND-0051, heard extensive testimony and public comment, received other evidence, and made written minutes, findings, and recommendations; and 473 of 631 96-O-12 ~3~ WHEREAS, the Plan Commission’s written findings state that the application for the proposed Planned Development meets applicable standards set forth for Special Uses in Subsection 6-3-5-10 of the Zoning Ordinance and Planned Developments in the C1 District per Subsection 6-10-1-9 of the Zoning Ordinance; and WHEREAS, the Plan Commission recommended the City Council approve the application with conditions; and WHEREAS, on September 10, 2012, the Planning and Development (“P&D”) Committee of the City Council held a meeting, in compliance with the provisions of the Open Meetings Act and the Zoning Ordinance, received input from the public, carefully considered and adopted the findings and recommendations of the Plan Commission, and recommended approval thereof by the City Council; and WHEREAS, at its meetings of September 10 and September 24, 2012, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the recommendation of the P&D Committee, received additional public comment, made certain findings, and adopted said recommendation; and WHEREAS, it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124), NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as facts and incorporated herein by reference. 474 of 631 96-O-12 ~4~ SECTION 2: Pursuant to the terms and conditions of this ordinance, the City Council hereby grants the Special Use Permit applied for in case no. 12PLND- 0051, to allow construction and operation of the Planned Development described herein. SECTION 3: The City Council hereby grants a Site Development Allowance for a side yard setback of three feet, nine inches (3’9”), whereas Subsection 6-10-2-8 of the Zoning Ordinance requires a minimum of five feet (5’) in the C1 District. SECTION 4: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the Special Use Permit granted hereby, which may be amended by future ordinance(s), and violation of any of which shall constitute grounds for penalties or revocation of said Special Use Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Applicable Requirements: The Applicant shall develop and operate the Planned Development authorized by the terms of this ordinance in substantial compliance with: the terms of this ordinance; the Site and Landscape Plans in Exhibit B and C, attached hereto and incorporated herein by reference; all applicable legislation; the Applicant’s testimony and representations to the Site Plan and Appearance Review Committee, the Plan Commission, the P&D Committee, and the City Council; and the approved documents on file in this case. (B) East Lot Line Wall: The Applicant shall construct a wall, eight feet (8’) tall and made of precast concrete with a stone-like appearance, along the east lot line of the Subject Property as depicted Exhibit B, in order to attenuate sound emanating from the Planned Development authorized by this ordinance. (C) Landscape Design: The Applicant shall install and maintain landscaping as depicted in Exhibit C, including, but not limited to, vines along the east lot line wall, and trees no less than five inches (5”) in caliper. All trees planted shall be of species listed in Group A or Group B of City Code Subsection 7-8-8-13, the Tree Preservation Ordinance. (D) HVAC: The Applicant shall place the rooftop HVAC compressors in the central area of the roof and enclose and shield them in a manner, approved by the City in the building permit process, which reduces noise emanating from them below fifty-five decibels (55 dB) at the lot line, as per the International Mechanical Code, adopted and amended by City Code Sections 4-9-1 and Section 4-9-2, 303.6. 475 of 631 96-O-12 ~5~ (E) Deliveries and Trash Collection: 1. Enclosed Loading Dock: The Applicant shall construct an enclosed loading dock as depicted in Exhibit B. All refuse shall be stored in said loading dock and collected from the exterior area adjacent to the loading dock doors. All deliveries to the Subject Property by trucks longer than thirty feet (30’) shall be made via said loading dock. The door to the loading dock shall remain closed at all times except during refuse collections and while trucks enter and exit the loading dock in the course of making deliveries to the Subject Property. 2. No Alley Use by Commercial Vehicles: The Applicant shall not permit any vehicle that enters or exits the Subject Property for the purposes of delivery or trash collection to do so via the public alley located immediately east of the Subject Property. 3. Delivery/Collection Hours: The Applicant shall not permit any vehicle making a delivery to or collection from the Subject Property to be on-site between 10:00 p.m. and 6:00 a.m. on any day. 4. Idling: The Applicant shall not permit any vehicle making a delivery to or collection from the Subject Property to idle on-site unless such idling is necessary to operate auxiliary equipment vital to the vehicle’s intended use (e.g., refrigeration). (F) Lighting: The Applicant shall install lighting of a type and design so as to prevent spillage of light off the Subject Property onto surrounding private property. The Applicant shall extinguish all signage lighting no later than one (1) hour after the store, authorized hereby, closes for the night. (G) Parking: Pursuant to Subsection 6-16-2-1-(B)-1 of the Zoning Ordinance, the Applicant shall license parking, required for the Planned Development authorized by this ordinance, from the City. For as long as the Applicant operates said Planned Development, it shall maintain and keep current said license, and shall comply with all terms thereof and any amendment(s) thereto. (H) Recordation: Pursuant to Subsection 6-3-6-10 of the Zoning Ordinance, the Applicant shall, at its cost, record a certified copy of this ordinance, including all exhibits attached hereto, with the Cook County Recorder of Deeds, and provide proof of such recordation to the City, before the City may issue any permits pursuant to the Planned Development authorized by the terms of this ordinance. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents, assigns, and successors in interest.” 476 of 631 96-O-12 ~6~ SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 7: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. To the extent that the terms and provisions of any of said documents conflict with the terms herein, this ordinance shall govern and control. SECTION 8: All ordinances or parts of ordinances that are in conflict with the terms of this ordinance are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 10: The findings and recitals herein are hereby declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 477 of 631 96-O-12 ~7~ EXHIBIT A Legal Description THE NORTH ½ OF LOT 15 AND ALL OF LOTS 16, 17 AND 18 IN BLOCK 76 IN THE CITY OF EVANSTON IN THE NORTH ½ OF THE NORTH ½ OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PINs: 11-19-200-025-0000 11-19-200-026-0000 COMMONLY KNOWN AS: 1211 Chicago Avenue, Evanston, Illinois. 478 of 631 96-O-12 ~8~ EXHIBIT B Development Plans 479 of 631 480 of 631 481 of 631 96-O-12 ~9~ EXHIBIT C Landscape Plans 482 of 631 483 of 631 WůĂŶŽŵŵŝƐƐŝŽŶ^ƚĂĨĨDĞŵŽϬϳ͘Ϭϯ͘ϭϮ 484 of 631 1211 Chicago Avenue Planned Development Staff Memo City of Evanston To: Chair and Members of the Plan Commission From: Dennis Marino, Manager, Planning and Zoning Division Craig Sklenar, General Planner Subject: Planned Development (Trader Joe’s), 1211 Chicago Avenue, 12PLND-0051 Date: July 3, 2012 Staff Recommendation City staff recommends approval of the proposed Planned Development 1211 Chicago Avenue. City staff also recommends approval for Site development allowance of a side yard setback of 3.75’, where a required setback of 5’0” is required. The redevelopment of a former Blockbuster Video and Saxon Paint Store a long term vacant building, and an existing residential home is in line with the continued redevelopment of Chicago Avenue as a mixed-use corridor in that has been undergoing a positive transformation for nearly a decade. The applicant has complied with all zoning requirements, and meets all of the standards of a Planned Development for this district. Background The property at 1211 Chicago Avenue has been vacant for several years. This development is made possible by a public/private partnership between the City and developer and fulfills a goal of the City to attract a Trader Joe’s to Evanston. In order for the Trader Joe’s site to be developed properly, the City of Evanston is purchasing the properties to the north of 1211 Chicago Avenue and will be leasing the land to the Applicant under a long term lease to achieve the parking needs of Trader Joe’s. Project Description Currently occupied on site by two retail enterprises and a single family home, the Applicant has proposed a new development that will demolish the existing buildings and attempt to move the home to a new location. A 13,000 square foot retail building and a 78 space parking lot are to be developed on a site equaling 48,400 square feet in size. Some of the parking will be available for general use on the northern perimeter of the property. Zoning Ordinance The C1 Commercial District governs the subject property at 1211 Chicago Avenue. 6- 10-1-9 Section D-1 requires any development whose lot area is over 30,000 square feet Memorandum 485 of 631 1211 Chicago Avenue Planned Development Staff Memo City of Evanston in size must apply for a Planned Development. The Applicant’s property is 71,417 square feet in size, requiring a Planned Development for approval by the City Council. Ordinances Identified for Requested Relief: 6-10-2-8 (E): C1 Commercial District YARD REQUIREMENTS, SIDE YARD – Side Yard when abutting nonresidential district: building – 5 feet; parking – 5 feet. Traffic Impact There is minimal traffic impact within the neighborhood as the development does not add significant amounts of traffic to the block. 2000 Comprehensive General Plan The Comprehensive Plan has specific goals and objects to promote the growth and redevelopment of business, commercial and industrial areas of Evanston. The redevelopment and site improvements of the property at 1211 Chicago Avenue achieve these goals by developing a property that is underutilized into an asset to neighbors. An evaluation of the proposal as it relates to Comprehensive Plan goals is as follows: LEGEND M = Meets Guideline D = Does Not Meet Guideline NA = Does not Apply LAND USE Standard Result Neighborhood assets should be enhanced while recognizing that each neighborhood contributes to the overall social and economic quality of Evanston M Evanston’s housing stock should continue to offer buyers and renters a desirable range of choice in terms of style and price M Evanston should maintain a diverse range of business and commercial areas, all of which will be viable locations for business activity M Downtown Evanston should be an attractive, convenient, and economically vital center of diverse activity. NA The growth and evolution of Evanston’s institutions should be supported so long as the growth does not have an adverse impact upon the residentially-zoned adjacent neighborhoods NA PUBLIC FACILITIES Standard Result The City of Evanston’s public buildings should be fully accessible, modernized buildings that serve civic needs and interests of residents. NA City parks and recreation areas should be of the highest quality in order to meet residents various recreation and leisure interests NA Utility systems in Evanston should provide reliable, quality service and support future development throughout Evanston M 486 of 631 1211 Chicago Avenue Planned Development Staff Memo City of Evanston CIRCULATION Standard Result Evanston’s streets should safely, conveniently, and efficiently link neighborhoods to the rest of the community and to the metropolitan area M Evanston’s parking system should serve the needs of residents, commuters, employees, shoppers, and visitors to Evanston’s neighborhoods and business districts M Transportation providers should offer safe, convenient, affordable, and easily accessible transit alternatives to the automobile M The safety and convenience of pedestrians and bicyclists should be a priority M COMMUNITY ENVIRONMENT Standard Result Buildings and landscaping should be attractive, interesting and compatible design M The historic heritage of Evanston should continue to be identified and preserved for the benefit of current and future residents M The creation of art and arts activities should be recognized and promoted as a vital component of the local economy NA Locally and regionally, natural resources should be preserved and public health should be promoted through a clean environment M 487 of 631 1211 Chicago Avenue Planned Development Staff Memo City of Evanston Guidelines for Building Design and Exterior Appearance  New Construction/Additions to Existing Buildings  Mass  Scale and Context  Exterior Building Materials  Roofs  Architectural Features  Security and Exterior Lighting  Loading Docks and Refuse Collection Areas  Utilities, Mechanical Equipment, and Stormwater n/a Wireless Communication Antennas  Parking Structures n/a Ground Floor Uses n/a Retail Services n/a Sidewalk Cafes n/a Offices n/a Signage X Adaptive Reuse of Buildings— Proposed site will be razed of individual buildings to allow for development of all proposed uses. It is not known if any adaptive reuse of existing buildings is possible or desirable.  Green/LEED buildings Guidelines for Site Planning  Landscaping  Requirements for Parking Lots  Circulation n/a Public Art 488 of 631 WůĂŶŽŵŵŝƐƐŝŽŶDŝŶƵƚĞƐ:ƵůLJϭϭĂŶĚƵŐƵƐƚϴ͕ϮϬϭϮ 489 of 631 APPROVED Page 1 of 4 Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, July 11, 2012 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Jim Ford, Seth Freeman, Kwesi Steele, Patricia Ledesma, Scott Peters (Chair), Richard Shure, Lenny Asaro, Barbara Putta, Stuart Opdycke (Associate) Members Absent: David Galloway 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 7:05 P.M. 2. APPROVAL OF MAY 09, 2012 MEETING MINUTES Commissioner Ford motioned for approval of the June 20, 2012 meeting minutes Commissioner Ledesma seconded the motion. Commissioner Freeman motioned to amend the minutes to reflect the opposition of himself and Commissioner Ledesma to the proposed zoning map amendment for the property at 2635 Crawford Avenue. Commissioner Ledesma seconded the motion. A voice vote was taken and the amendment was approved. A voice vote was taken and the minutes were approved. 3. PLANNED DEVELOPMENT 12PLND-0051 1211 CHICAGO AVENUE (TRADER JOE’S) Scott Gendell, representative for Gendell/WNB, LLC, developer of the proposed project, applies for a Planned Development to construct a 13,000 square foot grocery store to be operated by Trader Joe’s, on a parcel of land totaling 48,400 sqaure feet in size. 6-10-1-9 (D-1) of the Municipal Code requires all proposed developments with a zoning lot over 30,000 square feet to apply for a Planned Development. The Plan Commission is a recommending body to the City Council. City Council is the determining body in this case. Chairman Peters provided an introduction to the planned development process and procedures for the hearing. 490 of 631 APPROVED Page 2 of 4 Plan Commission Minutes Craig Sklenar, General Planner provided a staff report of the proposed Planned Development at 1211 Chicago Avenue and read into the record the documents provided by the applicant and current written public comment. Scott Gendell, Terraco, presented to the Plan Commission their proposed planned development for 1211 Chicago to build a 13,000 sq. ft. retail structure with 81 parking spaces for the use of Trader Joe’s grocery store. The Development allowances requested by the Applicant are a 3’-9” setback on the north side of the property in lieu of a required 5’-0” setback and a 1’-0” setback on the south side of the property in lieu of a 5’-0” setback as required by section 6-10-2-8(E) of the Municipal Code. Commissioner Asaro requested of the applicant to provide both a final traffic study instead of the included draft study to the commission and to provide testimony that addresses 6-3-5-10(D) of the Municipal Code that concerns property valuation and the development’s effect on the surrounding properties. Citizens expressed opposition to elements of the proposed site plan and concerns about the new development in general. These items included: - Truck deliveries and times of deliveries - Sign lighting past store hours (would like the sign turned off at 9PM when store closes) - Style of fence structure along the alley – would like a mason wall instead of board-on-board fencing as proposed - Traffic issues entering/exiting the site in conjunction with two other grocery stores in near proximity - Garbage Collection off the alley – would like collection handled on site Citing issues that needed further refinement and the request of additional testimony, Commissioner Freeman motioned to continue the hearing to the August 8, 2012 meeting of the Plan Commission Commissioner Ledesma seconded the motion. A voice vote was taken. The hearing concerning case 12PLND-0051 will continue August 8, 2012 at 7PM in City Council Chambers. 4. ZONING TEXT AMENDMENT 12PLND-0036 Consideration of the proposed text amendment to the Zoning Ordinance to discuss the regulation of aquaponics. Melissa Klotz, Zoning Planner, provided a staff report concerning the proposed text amendment to the Zoning Ordinance addressing regulations for aquaponics. Commissioner Freeman motioned to amend the proposed definition to read: “Aquaponics: The symbiotic propagation of plans and fish in an indoor or outdoor recirculating environment that may intends result in the harvest of said plants and or fish.” Commissioner Putta seconded the motion. 491 of 631 APPROVED Page 3 of 4 Plan Commission Minutes A voice vote was taken, the amendment was approved. Commissioner Freeman motioned to approve a favorable recommendation to the City Council for the proposed zoning text amendment to provide regulations for Aquaponics Commissioner Steele seconded the motion. A voice vote was taken, the motion passed unanimously. 5. ZONING TEXT AMENDMENT 12PLND-0047 Consideration of the proposed text amendment to the Zoning Ordinance to discuss the zoning regulations for residential building height and dormer size in the R1, R2 and R3 districts. Melissa Klotz, Zoning Planner, presented proposed language for a text amendment to the zoning ordinance that would amend regulations for residential building height and dormer size in the R1, R2 and R3 districts. Commissioner Peters expressed concerned that the proposed amendment would create more legal non-conforming buildings than desired. Citing the need for more refinement and research, Commissioner Freeman motioned to refer the matter back to the Zoning Committee of the Plan Commission to provide further review and revision. Commissioner Putta seconded the motion. A voice vote was taken, the motion passed unanimously. This matter will be sent back to the Zoning Committee of the Plan Commission. 6. COMMITTEE REPORTS Craig Sklenar, General Planner, reminded commissioners that the Comprehensive Plan Subcommittee will convene Wednesday July 18, 2012 at 7:30AM. 7. ADJOURNMENT Commissioner Ledesma motioned for adjournment Commissioner Freeman seconded the motion. The meeting adjourned at 10:32 P.M. The next regular Plan Commission meeting is scheduled for WEDNESDAY, AUGUST 08, 2012 at 7:00PM in COUNCIL CHAMBERS of the Lorraine H. Morton Civic Center. 492 of 631 APPROVED Page 4 of 4 Plan Commission Minutes Respectfully Submitted, Craig Sklenar, AICP General Planner, Community and Economic Development Department The next regular Plan Commission meeting is scheduled for WEDNESDAY, AUGUST 08, 2012 at 7pm in COUNCIL CHAMBERS of the Lorraine H. Morton Civic Center. 493 of 631 DRAFT – NOT APPROVED Page 1 of 3 Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, August 8, 2012 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Jim Ford, Kwesi Steele, Patricia Ledesma, Scott Peters (Chair), Richard Shure, Lenny Asaro Members Absent: David Galloway, Barbara Putta, Seth Freeman, Stuart Opdycke (Associate) 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 7:15 P.M. 2. APPROVAL OF JULY 11, 2012 MEETING MINUTES Commissioner Ford motioned for approval of the July 11, 2012 meeting minutes Commissioner Shure seconded the motion. A voice vote was taken and the minutes were approved. 3. PLANNED DEVELOPMENT 12PLND-0051 1211 CHICAGO AVENUE (TRADER JOE’S) Continued from the July 11, 2012 Plan Commission meeting - Scott Gendell, representative for Gendell/WNB, LLC, developer of the proposed project, applies for a Planned Development to construct a 13,000 square foot grocery store to be operated by Trader Joe’s, on a parcel of land totaling 48,400 sqaure feet in size. 6- 10-1-9 (D-1) of the Municipal Code requires all proposed developments with a zoning lot over 30,000 square feet to apply for a Planned Development. The Plan Commission is a recommending body to the City Council. City Council is the determining body in this case. Chairman Peters re-opened the hearing asking for a staff update. Craig Sklenar, General Planner provided a progress report concerning the issues brought forth at the previous Plan Commission hearing on July 11, 2012. 494 of 631 DRAFT – NOT APPROVED Page 2 of 3 Plan Commission Minutes Mr. Sklenar then asked Alderman Wynne to provide an update on the neighborhood discussion of development concerns and how they were resolved. These issues included: - An enhanced landscape plan - An improved sound wall made of materials that will attenuate traffic noise - A Lighting plan that would ensure lighting cuts off at property lines - A discussion of construction hours and expectations - A negotiated delivery hour range of 6AM to 10PM - All garbage will be collected on site not through the alleyway - The noise from compressor units will be abated by sound attenuation materials. - The loading area will be fully enclosed as shown on the resubmitted site plan. Kathy Shaw of 1224 Hinman spoke to the negotiated efforts between the neighborhood group and the developer concerning the proposed plan and supported the proposed changes. Commissioner Ford motioned to provide the City Council with a favorable recommendation for the proposed planned development at 1211 Chicago Avenue with the following requirements: 1. That the loading dock is erected as proposed as a fully enclosed structure that will house large trucks during their delivery times. 2. That an eight feet high wall be constructed along the eastern property line and be made of materials suitable for proper sound attenuation 3. That the HVAC Compressors are properly shielded to reduce noise 4. That the hours of delivery be only between the hours of 6:00AM and 10:00PM 5. All trash collection must occur on site and at the loading dock. 6. That no access is granted to the site through the alleyway 7. That all signage lit must be turned off no more than one hour after store closing. Commissioner Ledesma seconded the motion. A voice vote was taken. The motion passes unanimously. 4. ZONING TEXT AMENDMENT 12PLND-0032 Consideration of the proposed text amendment to the Zoning Ordinance to discuss the regulation of Massage Establishments. Melissa Klotz, Zoning Planner, provided a staff report concerning the proposed establishment of a definition for Massage Establishments. Commissioner Shure motioned to approve the proposed definition and provide a recommendation to City Council to approve this definition. Commissioner Ledesma seconded the motion A voice vote was taken, the motion passed 6-0. 495 of 631 DRAFT – NOT APPROVED Page 3 of 3 Plan Commission Minutes 5. COMMITTEE REPORTS Craig Sklenar, General Planner, reminded commissioners that the Comprehensiv e Plan Subcommittee will convene Wednesday August 22, 2012 at 7:30AM. 6. ADJOURNMENT Commissioner Ford motioned for adjournment Commissioner Asaro seconded the motion. The meeting adjourned at 8:20 P.M. Respectfully Submitted, Craig Sklenar, AICP General Planner, Community and Economic Development Department The next regular Plan Com mission meeting is scheduled for WEDNESDAY, SEPTEMBER 12, 2012 at 7:00PM in COUNCIL CHAMBERS of the Lorraine H. Morton Civic Center. 496 of 631 &ŝŶĚŝŶŐƐŽĨ&ĂĐƚtŽƌŬƐŚĞĞƚ 497 of 631 12PLND‐0051 1211 CHICAGO AVE. Standard FINDING (A)It is one of the special uses specifically listed in the zoning ordinance;COMPLIANT (B)It is in keeping with purposes and policies of the adopted comprehensive  general plan and the zoning ordinance as amended from time to time;COMPLIANT (C)  It will not cause a negative cumulative effect, when its effect is considered in  conjunction with the cumulative effect of various special uses of all types on the  immediate neighborhood and the effect of the proposed type of special use  upon the city as a whole; COMPLIANT (D)It does not interfere with or diminish the value of property in the  neighborhood;COMPLIANT (E)It can be adequately served by public facilities and services;COMPLIANT (F)It does not cause undue traffic congestion;COMPLIANT (G)It preserves significant historical and architectural resources;COMPLIANT (H)It preserves significant natural and environmental features; and COMPLIANT (I) It complies with all other applicable regulations of the district in which it is  located and other applicable ordinances, except to the extent such regulations  have been modified through the planned development process or the grant of a  variation. COMPLIANT (J) It complies with all other applicable regulations of the district in which it is  located and other applicable ordinances, except to the extent such regulations  have been modified through the planned development process or the grant of a  variation. COMPLIANT FINDINGS OF FACT WORKSHEET PLANNED DEVELOPMENT (A Special Use) 6‐3‐5‐10: STANDARDS FOR SPECIAL USES City of Evanston Plan Commission Page 1498 of 631 12 PLND‐0012 635 CHICAGO AVE. Standard FINDING (A) Each planned development shall be compatible with surrounding development  and not be of such a nature in height, bulk, or scale as to exercise any influence  contrary to the purpose and intent of the Zoning Ordinance as set forth in  Section 6‐1‐2, "Purpose and Intent". COMPLIANT If the proposed planned development is for a property listed as an Evanston  landmark, or for property located within an historic district listed on the  National Register of Historic Places or for property located within a historic  district so designated by the Evanston Preservation Commission, the planned  development shall be compatible with the "Secretary of the Interior's Standards  for Rehabilitation"set forth in the National Historic Preservation Act of 1966, as COMPLIANT (B) Each planned development shall be compatible with and implement the  Comprehensive General Plan as amended, any adopted land use or urban  design plan specific to the area, this Zoning Ordinance, and any other pertinent  City planning and development policies, particularly in terms of: COMPLIANT Land use.COMPLIANT Land use intensity.COMPLIANT Housing.COMPLIANT Preservation.COMPLIANT Environmental.COMPLIANT Traffic impact and parking.COMPLIANT Impact on schools, public services and facilities.COMPLIANT Essential character of the business district, the surrounding residential  neighborhoods, and abutting residential lots.COMPLIANT Neighborhood planning.COMPLIANT Commercial district planning and economic development goals and policies,  particularly those of specific adopted plans for individual business districts.COMPLIANT Conservation of the taxable value of land and buildings throughout the City, and  retention of taxable land on tax rolls.COMPLIANT FINDINGS OF FACT WORKSHEET PLANNED DEVELOPMENT (A Special Use) 6‐10‐1‐9 (A): General Conditions for Commercial District Planned Developments City of Evanston Plan Commission Page 2499 of 631 12PLND‐0051 1211 CHICAGO AVE. (D) No special use permit for a planned development shall be valid for a period  longer than one year unless a building permit is issued and construction is  actually begun within that period and is diligently pursued to completion. The  City Council may, however, for good cause shown, extend the one year period  for such time as it shall determine, without further hearing before the Plan  Commission. The City Council may, at its sole discretion, place conditions on the  extension in order to assure that the planned development is diligently pursued  to its completion. COMPLIANT (E) All landscaping treatment within the planned development shall be provided in  accordance with the requirements set forth in Chapter 17, "Landscaping and  Screening", and shown on the required landscape plan submitted as part of the  planned development application. COMPLIANT FINDINGS OF FACT WORKSHEET PLANNED DEVELOPMENT (A Special Use) 6‐10‐1‐9 (A): General Conditions for Commercial District Planned Developments City of Evanston Plan Commission Page 3500 of 631 12PLND‐0051 1211 CHICAGO AVE. Standard FINDING (A) For all boundaries of the planned development immediately abutting a  residential property, there shall be provided a transition landscaped strip of at  least ten feet (10') consisting of vegetative screening, fencing or decorative  walls in accordance with the Manual of Design Guidelines and Chapter 17,  "Landscaping and Screening". The transition landscaped strip and its treatment  shall be depicted on the required landscape plan submitted as part of the  planned development application. COMPLIANT (B) Walkways developed for a planned development shall form a logical, safe and  convenient system for pedestrian access to all project facilities as well as any off‐ site destination likely to attract substantial pedestrian traffic. Pedestrian‐ways  shall not be used by other automotive traffic. COMPLIANT (C)  The location, construction, and operation of parking, loading areas, and service  areas, shall be designed to avoid adverse effects on residential uses within or  adjoining the development and where possible, provide additional parking  beyond that required for the planned development to service the business  district in which it is located. COMPLIANT (D) Principal vehicular access points shall be designed to permit smooth traffic flow  with controlled turning movements and minimum hazards to vehicular and  pedestrian traffic. COMPLIANT (E) The planned development shall provide, if possible, for underground installation  of utilities (including electricity and telephone) both in public ways and private  extensions thereof. Provisions shall be made for acceptable design and  construction of storm water facilities including grading, gutter, piping,  treatment of turf, and maintenance of facilities. COMPLIANT (F) For every planned development there shall be provided a market feasibility  statement that shall indicate the consumer market areas for all uses proposed  in the development, the population potential of the area or areas to be served  by the uses proposed, and other pertinent information concerning the need or  demand for such uses of land. COMPLIANT (G) For every planned development involving twenty (20) dwelling units or more  there shall be provided a traffic circulation impact study that shall show the  effect of all proposed uses upon adjacent and nearby roads and highways. The  study shall also show the amount and direction of anticipated traffic flow and  clearly describe what road and traffic control improvements might become  necessary as result of the construction of the proposed development. NA (H) The Zoning Administrator may, at his discretion, require of the applicant  additional studies or impact analyses when he determines that a reasonable  need for such investigation is indicated. NA FINDINGS OF FACT WORKSHEET PLANNED DEVELOPMENT (A Special Use) 6‐10‐1‐9 (B): Site Controls and Standards for Commercial District Planned Developments City of Evanston Plan Commission Page 4501 of 631 12PLND‐0051 1211 CHICAGO AVE. Standard FINDING (A)The maximum height increase over that otherwise permitted in the C1a  commercial districts shall be no more than: Thirty Feet (30')NA (B)The maxmimum increase in the number of dwelling units over that otherwise  permitted in the C1a Commercial Districts shall be Forty Percent (40%)NA (C)  The location and placement of buildings may vary from that otherwise  permitted in the commerical districts, however, at no time shall any building be  closer than ten feet (10') to any lot line abutting a residential district. Applicant is requesting a 3’9” setback on the northern property line and a 1’-0” setback on the southern property line in lieu of the required 5’ setback. (D)The maximum increase in floor area ratio over that otherwise permitted in the  C1a Commercial District shall be One and a Half (1.5)NA 6‐10‐1‐9 (C): Development Allowances for Commercial District Planned Developments FINDINGS OF FACT WORKSHEET PLANNED DEVELOPMENT (A Special Use) City of Evanston Plan Commission Page 5502 of 631 ϭϮϭϭŚŝĐĂŐŽǀĞŶƵĞWůĂŶŶĞĚĞǀĞůŽƉŵĞŶƚƉƉůŝĐĂƚŝŽŶ 503 of 631 504 of 631 505 of 631 506 of 631 507 of 631 508 of 631 509 of 631 510 of 631 511 of 631 EVANSTON, ILLINOIS TRADER JOE’S TERRACO DATE: MAY 5, 2012 PROJECT NUMBER: 11047 OKW Architects VIEW FROM NORTHWEST 512 of 631 EVANSTON, ILLINOIS TRADER JOE’S TERRACO DATE: MAY 5, 2012 PROJECT NUMBER: 11047 OKW Architects VIEW FROM SOUTHWEST 513 of 631 Public Benefit Statement This project demonstrates Public Benefit through: • Eliminating a blighted, under utilized structure – the former Blockbuster video store. • Significantly enhancing the local economy and tax base. • Will be designed and constructed with recognized sustainable design practices and materials. 514 of 631 HAMILTON STREETC H I C A G O A V E N U E 1-STORY 13,010 S.F. RETAIL BUILDING CART STORAGE BIKE RACKS 3'x15' CART CORRAL 3'x15' CART CORRAL ALLEY 3'x15' CART CORRAL 78 SPACES2 24'-0" TYP. 7'-0" TYP. 2'-0" OVERHANG 18'-0"24'-0"18'-0"18'-0"24'-0"18'-0"18'-0"24'-0"18'-0"3'-0 1/2"3'-9"2'-7 1/2"16'-0"16'-0"85'-0"16'-6 1/2"25'-4"0'-0"1 '-0 "3'-0"2'-6"MONUMENT SIGN 8'-6" TYP.18'-0"TYP.9 2 '-8 "160'-8"16'-0"14'-0"FENCE14'-7"254'-4 1/2"188'-0"122'-4 1/2" 1 6 1 '-6 "163'-9"EXISTING GAS STATION EXISTING PUMP CANOPY EXISTING MULTI FAMILY RESIDENTIAL EXISTING MIXED USE SITE DATA AREA48,392 SF (1.11 ACRES CONSTRUCTION TYPE: B3 EXISTING RESIDENTIAL 515 of 631 516 of 631 517 of 631 518 of 631 Please circle the primary means of contact. PLANNED DEVELOPMENT APPLICATION Case Number: __________________________ 1. PROPERTY Address(es)/Location(s) ________________________________________________________________________________ Brief Narrative Summary of Proposal: ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ 2. APPLICANT Name: _______________________________________ Organization: _______________________________ Address: _____________________________________ City, State, Zip: ______________________________ Phone: Work: ____________________ Home: ____________________ Cell/Other: _____________________ Fax: Work: ____________________ Home: ____________________ E-mail: ____________________________________________________ What is the relationship of the applicant to the property owner?  same  builder/contractor  contract purchaser  potential lessee  architect  attorney  lessee  real estate agent  officer of board of directors  other: _______________________________________________________________ 3. SIGNATURE “I certify that all of the above information and all statements, information and exhibits that I am submitting in conjunction with this application are true and accurate to the best of my knowledge.” __________________________________________________ ______________________________ Applicant Signature – REQUIRED Date 519 of 631 4. PRE-SUBMISSION REQUIREMENTS Prior to actually submitting an application for Planned Development, you must: A. Complete a Zoning Analysis of the Development Plan The Zoning Office staff must review the development plan and publish a written determination of the plan’s level of compliance with the zoning district regulations. Apply at the Zoning Office. B. Present the development concept 4. REQUIRED SUBMISSION DOCUMENTS AND MATERIALS  (This) Completed Application Form  Application Fee, including postage for required mailing  Two (2) Copies of Application Binder Your application must be in the form of a binder with removable pages for copying. You must submit two application binders for initial review. The Application Binder must include:  Zoning Analysis  Pre-application Conference Materials.  Public Benefit Statement  Development Plan  Landscape Plan  Plat of Survey of Entire Development Site  Preliminary Plat of Subdivision.  Planned Development Application Form  Certificate of Disclosure of Ownership Interest Form  Open Space Maintenance Provision Statement  Restrictive Covenants  Schedule of Development  Economic Feasibility Statement  Traffic Circulation Impact Study  Plan Compliance Statement  Neighborhood Compatibility Statement  Special Use Application Form  Request for Development Allowances Statement  General Conditions Statement  Standards Statement Notes:  Plats of survey must be drawn to scale and must accurately and completely reflect the current conditions of the property.  Building plans must be drawn to scale and must include interior floor plans and exterior elevations.  Application Fees may be paid by cash, check, or credit card. 520 of 631 Page 3 of 8 4. OTHER PROFESSIONAL REPRESENTATIVE INFORMATION Attorney Name: _______________________________________ Organization: _______________________________ Address: _____________________________________ City, State, Zip: ______________________________ Phone: ____________________ Fax: ____________________ Email: _______________________________ Architect Name: _______________________________________ Organization: _______________________________ Address: _____________________________________ City, State, Zip: ______________________________ Phone: ____________________ Fax: ____________________ Email: _______________________________ Surveyor Name: _______________________________________ Organization: _______________________________ Address: _____________________________________ City, State, Zip: ______________________________ Phone: ____________________ Fax: ____________________ Email: _______________________________ Civil Engineer Name: _______________________________________ Organization: _______________________________ Address: _____________________________________ City, State, Zip: ______________________________ Phone: ____________________ Fax: ____________________ Email: _______________________________ Traffic Engineer Name: _______________________________________ Organization: _______________________________ Address: _____________________________________ City, State, Zip: ______________________________ Phone: ____________________ Fax: ____________________ Email: _______________________________ Other Consultant Name: _______________________________________ Organization: _______________________________ Address: _____________________________________ City, State, Zip: ______________________________ Phone: ____________________ Fax: ____________________ Email: _______________________________ 521 of 631 Page 4 of 4 Application Procedure (A) Pre-Application Conference: Prior to application submittal, an applicant shall meet with the Zoning Administrator, the Plan Commission chair and the Alderman of the ward in which the proposed planned development is located, and the Site Plan and Appearance Review Committee (SPAARC). Where applicable, a representative of the Preservation Commission shall be present. The purpose of the conference is to present the concept of the proposed plan and discuss procedures and standards for approval. No representation made by the Zoning Administrator, SPAARC member or the representative of the Preservation Commission or Plan Commission during such conference or at any other time shall be binding upon the City with respect to the application subsequently submitted. The pre-application conference with SPAARC shall be scheduled within 15 calendar days after receiving the applicant's request. (B) Information Needed for Pre-Application Conference: The applicant shall include the following information at the time of request for the meeting: 1. Narrative summary of proposal. 2. Conceptual site plan. 3. Plat of survey (including the location of utilities). 4. Proposed elevations. 5. Photographs of the subject and surrounding properties 6. Description of adjacent land uses and neighborhood characteristics. 7. Description of critical historical structures, details or characteristics (if applicable). (C) Zoning Analysis Application: Prior to review of the project, the applicant must submit the project for “zoning analysis.” The Zoning Division’s response to this application is a Zoning Analysis Review Sheet addressing specific regulatory areas, and indicating compliance or deficiency. (D) Results of Pre-Application Conference and Zoning Analysis: Following the pre-application conference, the Zoning Administrator and SPAARC shall be available to suggest modifications to the site plan as discussed during the pre- application conference. Within 7 calendar days, minutes of the pre-application conference shall be sent to the applicant and Plan Commission and shall be available upon request to interested parties by the Zoning Administrator. Review Procedure - Decision (A) Review Procedure: Upon the review of an application for a planned development the Zoning Administrator shall notify the developer of any deficiencies or modifications necessary to perfect the planned development application. (B) Public Hearing: After determining that the application is complete, the Zoning Administrator shall schedule a public hearing to be held by the Plan Commission at which time a formal presentation of the planned development application will be presented. The public hearing shall be held not less than 15 calendar days and no more than 30 calendar days from the date of receipt of the complete application. In addition, a sign shall be posted on the property for a minimum of 10 working days prior to the public hearing indicating the place, time and date of the hearing. (C) Mailed Notices Required: Notice shall also be given by first class mail to all owners of property within a 1,000-foot radius of the subject property as provided by the applicant. The failure of delivery of such notice, however, shall not invalidate any such hearing. The City, through its Geographic Information System, can supply the names and addresses of the owners of property within the 1,000-foot radius. The applicant is responsible for the accuracy of the list provided to the City. The City mails notice of the hearing to the neighboring property owners and publishes a notice of the hearing in a locally circulating newspaper, generally the Evanston Review, no less than 15 days nor more than 30 days prior to hearing. (D) Recommendation: The Plan Commission holds a public hearing and makes a recommendation, based on findings of fact, to the City Council within 60 days of the close of the public hearing. The Planning and Development Committee of the City Council considers the Plan Commission's recommendation and forwards it to the full Council with or without a recommendation. The City Council considers the Plan Commission's recommendation and may introduce an ordinance granting the planned development. The City Council may adopt an ordinance granting the planned development at the following or any subsequent City Council meeting. The developer shall record the ordinance granting the planned development and the development plan with the Cook County Recorder. Standing The applicant must own, lease, or have legal or equitable interest in the subject property. The Zoning Division requires the applicant to demonstrate his or her connection to the ownership interest in the property. Documentation can be in the form of a title insurance policy or a deed, and a lease or contract to lease or purchase. 522 of 631 CC;llU~hNIlliluINJJI4ji~LIj~JjffljJij~jIMHhNUlllill-Doe#:1123656000Fee:$40.00--Eugene“Gen&MooreRHSPFee:$10.00WARRANTYDEEDCookCounty RecorderofDeedsDale:08124/201109:32AMPg:IofSTHE GRANTOR1211CHICAGO AVE.,LLCanIllinoislimitedliabilitycompanydulyorganizedandexistingunderandbyvirtueofthelawsoftheStateofIllinoisanddulyauthorizedtotransactbusinessintheStatewherethefollowingdescribed realestateislocated,(ReservedforRecordersUseOnIy~forandin considerationofthesumofTenandno/IOUDollars($10.00)andothergoodandvaluableconsiderationinhandpaid,herebyGRANTS,BARGAINS,SELLSandCONVEYStoGENDELL/WNB,tALC,anIllinoislimitedliabilitycompanythefollowingdescribedRealEstatesituatedintheCountyofCOOKintheStateofIllinois,towit:(Seereversesideforlegaldescription.)SUBJECTTO:Generaltaxesfor2010andsubsequentthereto,includingtaxeswhichmayaccmebyreasonofneworadditionalimprovementsduringtheyear(s);andcovenants,conditionsandrestrictionsofrecord;private,publicandutilityeasementsandroadsandhighways,ifany;specialtaxesorassessmentsforimprovements heretofore completed;grantee’smortgageor trustdeed,ifany; andthosemattersstated onExhibitAandattachedhereto.PermanentIndexNumber(PIN):11-19-200-025-0000and11-19-200-026-0000AddressofRealEstate:1209-1211ChicagoAve.,Evanston,Illinois60651THISISNOT HOMESTEADPROPERTYiNWITNESSWHEREOF,Grantorhascauseditsname tobesignedtothesepresentsthis2rmayof________2011.1211CHICAGOAVE.,LLC,anIllinoislimitedliabilitycompanyGREATERMETROPOLITANTITLE,LLC175E.HAWTHORNPARKWAY,SUITE135VERNONHILLS, 1160061FILEt/1-03724’--STATEOFILLINOIS)SS.COUNTYOFCOOKI,theundersigned,aNotaryPublicinandfortheCountyand~tateaforesaid,DOHEREBYCERTIFY,thatTerryUpton,asManagerof1211ChicagoAve.,LLC,anIllinoislimitedliabilitycompany,personallyknownto me tobethesamepersonwhosenameissubscribedto theforegoinginstrumentappearedbeforemethisdayinpersonandacknowledgedthathesignedanddeliveredthesaidinstrumentashisownfreeandvoluntaryact andasthefreeandvoluntaryactofsaidlimitedliabilitycompanyfortheusesandereiGivenundermyhandandofficialseal,this_______dayof20jf_.Commissionexpires2.3~“K20J~L-,•OffICIAl.SEALDANIEL SELTZERNOTARYPUBLIC-STATEOPIWNOIS-MYCOMMISSION.EXIRES:06t23114I523 of 631 CCThis instrumentwaspreparedbyDanielSeltzer,O’DonnellLawFinn,14044PetronellaDrive,Suite1,Libertyville,Illinois6004~ofpremisescommonlyknownasLEGALDEscRIPTIoN‘CUIIL0PINS:11-19-200-025-0000lI-19-200-026-0000‘C>-z00VSENDSUBSEQUENTTAXBILLST01209-1211ChicagoAve..Evanston,Illinois60202THENORTH‘/~OFLOT15ANDALLOFLO1≤16,17AND18INBLOCK76INTHECITYOFEVANSTONINTHENORTH‘AOFTHE NORTH‘AOFSECTON19,TOWNSHIP41NORTH,RANGE14EASTOFTHETHIRD PRINCIPALMERIDIAN,INCOOKCOUNTY,ILLINOIS.025040DOCITYOFEVANSTONRealEstate TransferTaxCityClerk’sOfficePAIDAUG232~&MOUNTAgent____________Mailto:Lortblg~3203.oi~(3.~tnNnMRà5T.[3DU3,imu5t,tL(0OO~OPAGE2&€NO~W/WNr3,UL32ojc~nà6ltô’~m..s~a5T~300ILSTATEOFIWNOISAlit24.11CCCCCREVENUESTAMP524 of 631 (EXHIBITAPERMIrrEDEXCEPTIONS1.TermsandprovisionscontainedinLicenseAgreementbetweenMichael OffenbecherandElizabethV.Offenbecher,hiswife,andZweifelsInc.,recorded April21~1959asdocument17514751regardingtheconstructionoftheNorthwallofthebuildingontheland.2.Rightsofthepublicinandtotheuseoftheconcretewalkalongthewesterlysideoftheland,asshownonandlocatedbyplatofsurvey madebyB.H.Suhr&Company,datedAugust17,2011.525 of 631 KLOA, Inc. Transportation and Parking Planning Consultants 9575 West Higgins Road, Suite 400 | Rosemont, Illinois 60018 p: 847-518-9990 | f: 847-518-9987 MEMORANDUM TO: Kevin Gazley Terraco, Inc. FROM: Luay R. Aboona, PE Principal DATE: July 2, 2012 SUBJECT: Traffic Impact Study Proposed Trader Joe’s Grocery Store Evanston, Illinois This memorandum summarizes the results of a traffic impact study conducted by Kenig, Lindgren, O’Hara, Aboona, Inc. (KLOA, Inc.) in connection with a proposed Trader Joe’s grocery store to be located in Evanston, Illinois. The site, which is currently occupied by a vacant Blockbuster Store and a retail building, is located on the east side of Chicago Avenue just north of Hamilton Street. As proposed, the development is to consist of a 13,010 square-foot grocery store with 78 parking spaces and access provided via two access drives on Chicago Avenue. The purpose of this study was to examine background traffic conditions, assess the impact that the proposed development will have on traffic conditions in the area, and determine if any street or access improvements are necessary to accommodate the traffic generated by the development. The sections of this report present the following. • Existing conditions • A description of the proposed development • Directional distribution of the development generated traffic • Vehicle trip generation for the proposed development • Future traffic conditions including access to the site • Traffic analyses for the weekday morning, weekday evening and Saturday midday peak hours • Recommendations with respect to adequacy of the site access system and adjacent street network Existing Conditions Existing transportation conditions in the vicinity of the site were documented based on a field visit conducted by KLOA, Inc. in order to obtain a database for projecting future conditions. The following provides a description of the geographical location of the site, physical characteristics of the area street system including lane usage and traffic control devices, an inventory of the alternative modes of transportation serving the area and existing peak hour vehicle, pedestrian and bicycle volumes. 526 of 631 2 Site Location The site, which is currently occupied by a vacant Blockbuster Store and a retail building, is located on the east side of Chicago Avenue just north of Hamilton Street. Land-uses in the area consist of commercial and residential uses located north and south of the site along Chicago Avenue and residential neighborhoods located east of the site. A Shell gas station is located directly south of the site and a Jewel Osco grocery store is located just southwest of the site on the west side of Chicago Avenue. Lastly, a Whole Foods Market is located south of the site in the northeast corner of the Chicago Avenue/Greenleaf Street intersection. Figure 1 shows an aerial photo of the site. Area Streets The principal streets in the study area are described in the following paragraphs and shown in Figures 2 and 3. Chicago Avenue is generally a north-south, arterial street. In the study area, Chicago Avenue has a two-lane cross section with parking generally provided on both sides of the street. Separate left-turn lanes are provided on Chicago Avenue at its signalized intersection with Dempster Street and Greenleaf Street. A separate right-turn lane is provided on the southbound approach of Chicago Avenue at its signalized intersection with Dempster Street. Chicago Avenue is under the jurisdiction of the City of Evanston and has a posted speed limit of 30 mph. Dempster Street is an east-west, arterial street. In the study area, Dempster Street has a two-lane cross section with parking generally permitted on both sides of the street. Dempster Street is under the jurisdiction of the City of Evanston and has a posted speed limit of 25 mph. Hamilton Street is an east-west, local street that ends at Chicago Avenue. In the study area, Hamilton Street has a two-lane cross section with parking generally permitted on both sides of the street. At its intersection with Chicago Avenue, Hamilton Street is under stop sign control. Hamilton Street is under the jurisdiction of the City of Evanston and has a posted speed limit of 25 mph. Greenleaf Street is an east-west, local street. In the study area, Greenleaf Street has a two-lane cross section with parking generally permitted on both sides of the street. Parking is prohibited on both sides of the street approximately one block east and west of Chicago Avenue. Greenleaf Street is under the jurisdiction of the City of Evanston and has a posted speed limit of 25 mph. 527 of 631 3 Site Location Figure 1 528 of 631 4 Area Street System Figure 2 529 of 631 PROJECT:TITLE:PROJECT NO:NOT TO SCALEDEMPSTER STGREENLEAF STHAMILTON STCHICAGO AVE SITELEGENDPPPPPPPPPWHOLE FOODSJEWEL OSCORESIDENCIALCOMPLEXSHELL STATIONEXISTING STREETCONDITIONS- TRAVEL LANE- EXISTING TRAFFIC SIGNAL30252525- EXISTING STOP SIGN- EXISTING BUS STOPPPPFIGURE NO:312-036PTRADER JOE’S EVANSTON, ILLINOIS530 of 631 6 Public Transportation The area is served by several modes of public transportation including Metra commuter rail, CTA rapid transit service and two bus lines. The following summarizes the rail lines providing service to the area. • The Metra Union Pacific/North Line (UP-N) has a local stop at Chicago Avenue and Main Street which is located approximately ½ mile south of the site. This line provides daily service between Ogilvie Transportation Center in Chicago and Kenosha, Wisconsin. • The CTA Purple Transit Line has a local stop at Sherman Place just north of Dempster Street which is located approximately ¼ of a mile north of the site and Chicago Avenue and Main Street which is located approximately ½ mile south of the site. This line provides daily service between the Linden Station in Wilmette and the Howard Station on the border of Chicago and Evanston. In addition, weekday peak period peak express service is provided between the Howard Station and the downtown Chicago Loop. In addition, the following bus routes serve the immediate area and all have stops adjacent to the site. • Route Number 205 Chicago/Golf generally runs along Chicago Avenue and Gold Road between the Howard Street rapid transit station and the Cook County Courthouse in Skokie. Service is provided Monday through Friday. • Route N201 Central/Sherman (Night Bus) generally runs along Chicago Avenue and Sherman Avenue between the Howard Street rapid transit station and Central Street. Service is provided during overnight hours only. Non-Motorized Modes of Transportation The site is served by the following non-motorized modes of transportation. Bicycle Routes. According to the City of Evanston, Both Chicago Avenue and Greenleaf Street are designated bike routes within the vicinity of the site. Pedestrian Facilities. All of the streets within the immediate area generally have sidewalks on both sides of the street. Crosswalks and pedestrian traffic signals are provided at the Chicago Avenue/Dempster Street and Chicago Avenue/Greenleaf Street intersection. Crosswalks are provided on the east and south legs of the Hamilton Street intersection with Chicago Avenue. In addition, crosswalk warning signs are provided on Chicago Avenue in advance of and at the crosswalk across Chicago Avenue at Hamilton Street. Existing Traffic Volumes In order to determine current traffic conditions in the vicinity of the site, KLOA, Inc. conducted peak period vehicle, pedestrian and bicycle counts at the following intersections. 531 of 631 7 ● Chicago Avenue with Dempster Street ● Chicago Avenue with Hamilton Street • Chicago Avenue with Greenleaf Street The traffic counts were conducted on Tuesday and Wednesday, March 6 and 7, 2012 during the morning (7:00 A.M. to 9:00 A.M.) and evening (4:00 P.M. to 6:00 P.M.) peak periods and on Saturday, March 10, 2012 during the midday (12:00 to 2:00 P.M.) peak period. Based on the results of the traffic counts, the weekday morning peak hour of traffic occurs from 8:00 A.M. to 9:00 A.M. , the weekday evening peak hour of traffic occurs from 4:45 P.M. to 5:45 P.M. and Saturday peak hour occurs from 12:00 to 1:00 P.M. Figure 4 illustrates the existing peak hour traffic volumes and Figure 5 illustrates the existing pedestrian and bicycle volumes. Traffic Characteristics of the Proposed Development In order to properly evaluate future traffic conditions in the surrounding area, it was necessary to determine the traffic characteristics of the proposed development including the directional distribution and volumes of traffic that it will generate. Proposed Development Plan As proposed, the development is to consist of a 13,010-square foot Trader Joe’s grocery store with 78 parking spaces. Access to the site is to be provided via two access drives located on Chicago Avenue. One loading dock will be provided along the east side of the proposed building. All trucks will enter and exit the site via the Chicago Avenue access drives. Customer and truck access to/from the alley along the east site of the site will be prohibited. Site Traffic Generation The peak hour traffic volumes that will be generated by proposed development were estimated based on trip generation rates provided in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 8th Edition. However, the trip rates are based on suburban rates where the primary mode of transportation is the automobile. The dense, urban nature of the neighborhood together with the various alternative modes of transportation described previously results in heavy pedestrian activity in the area. Furthermore, given the proximity of the proposed store to Jewel and Whole Foods, interaction will occur between the three stores when customers park at one location and walk/shop at other locations. It is expected that the proposed development will capture a large portion of its customers from this pedestrian activity, including the area residents and adjoining stores. As such, the number of vehicle trips that will be generated by the development was conservatively reduced by only 25 percent to account for the pedestrian activity and the alternative modes of transportation. Table 1 shows the estimated peak hour traffic to be generated by the proposed development. 532 of 631 PROJECT:TITLE:FIGURE NO:PROJECT NO:EXISTING TRAFFICVOLUMESNOT TO SCALEDEMPSTER STGREENLEAF STHAMILTON STCHICAGO AVE SITELEGEND00(00)- AM PEAK HOUR (8:00-9:00 AM)- PM PEAK HOUR (4:45-5:45 PM)- SAT PEAK HOUR (12:00-1:00 PM)[00]370 (801) [631] 10 (15) [7]27 (16) [17]16 (14) [18]13 (54) [41] 771 (562) [659] 29 (34) [43] 358 (702) [544] 9 (22) [17]33 (27) [38]79 (78) [44]12 (33) [25]9 (5) [16] 670 (465) [637] 48 (59) [65]48 (80) [74]57 (52) [50]28 (57) [62]31 (67) [83] 300 (654) [497] 34 (18) [28]31 (16) [20]129 (95) [95]23 (15) [14]35 (19) [29] 593 (461) [526] 149 (125) [153]85 (144) [162]129 (100) [92]81 (62) [72]412-036TRADER JOE’S EVANSTON, ILLINOIS533 of 631 PROJECT:TITLE:FIGURE NO:PROJECT NO:NOT TO SCALEDEMPSTER STGREENLEAF STHAMILTON STCHICAGO AVE SITELEGEND00(00)- AM PEAK HOUR (8:00-9:00 AM)- PM PEAK HOUR (4:45-5:45 PM)- SAT PEAK HOUR (12:00-1:00 PM)[00]52 (2) [7]0 (3) [2]0 (0) [1]4 (11) [20] 4 (3) [13]4 (0) [0]20 (42) [54]14 (36) [25]33 (33) [78]35 (51) [112]21 (54) [100]33 (122) [127] 5 (7) [12] 7 (9) [9]3 (1) [12]14 (42) [25]12 (36) [64]36 (28) [27]4 (7) [46] 4 (8) [19] 11 (6) [9]5 (3) [2] EXISTING PEDESTRIAN ANDBIKE VOLUMES12-036TRADER JOE’S EVANSTON, ILLINOIS534 of 631 10 Table 1 PROJECTED SITE-GENERATED TRAFFIC VOLUMES Weekday Morning Peak Hour Weekday Evening Peak Hour Saturday Midday Peak Hour Land Use In Out In Out In Out Trader Joe’s (13,010 s.f.) 22 14 53 52 54 53 Directional Distribution of Site Traffic The directions from which the development-generated traffic will approach and depart the site were estimated based on the existing travel patterns as determined from the traffic counts. Figure 6 illustrates the directional distribution for the development. Projected Traffic Volumes The estimated peak hour traffic volumes that will be generated by the proposed development were assigned to the street system in accordance with the previously described directional distribution. Figure 7 illustrates the development generated traffic volumes. To account for other growth in the area, the existing traffic volumes were increased by five percent. Furthermore, the traffic that will be generated by AMLI Evanston residential development was added to background traffic conditions. Figure 8 shows the total peak hour volumes which include the existing traffic volumes, the development-generated traffic volumes and other growth projected in the area. Traffic Analysis Traffic analyses were performed for the intersections within the study area to determine the operation of the existing street system, evaluate the impact of the proposed development, and determine the ability of the existing street system to accommodate projected traffic demands. Analyses were performed for the existing and the projected traffic volumes. The traffic analyses were performed using Synchro 7 computer software, which is based on the methodologies outlined in the Transportation Research Board’s Highway Capacity Manual (HCM), 2000. The ability of an intersection to accommodate traffic flow is expressed in terms of level of service, which is assigned a letter grade from A to F based on the average control delay experienced by vehicles passing through the intersection. Control delay is that portion of the total delay attributed to the traffic signal or stop sign control operation and includes initial deceleration delay, queue move-up time, stopped delay, and final acceleration delay. Level of Service A is the highest grade (best traffic flow and least delay), Level of Service E represents saturated or at-capacity conditions, and Level of Service F is the lowest grade (oversaturated conditions, extensive delays). For two-way stop controlled (TWSC) intersections, levels of service are only calculated for the approaches controlled by a stop sign (not for the intersection as a whole). 535 of 631 PROJECT:TITLE:FIGURE NO:PROJECT NO:NOT TO SCALEDEMPSTER STGREENLEAF STHAMILTON STCHICAGO AVE SITE6DIRECTIONAL DISTRIBUTION FOR DEVELOPMENT5%2%40%1%15%35%2%12-036TRADER JOE’S EVANSTON, ILLINOIS536 of 631 PROJECT:TITLE:FIGURE NO:PROJECT NO:NOT TO SCALEDEMPSTER STGREENLEAF STHAMILTON STCHICAGO AVE SITELEGEND00(00)- AM PEAK HOUR (8:00-9:00 AM)- PM PEAK HOUR (4:45-5:45 PM)- SAT PEAK HOUR (12:00-1:00 PM)[00]4 (17) [17]4 (13) [13]3 (14) [14]9 (17) [18] 5 (14) [14] 6 (14) [14] 8 (21) [21]1 (1) [2]0 (2) [2] 6 (20) [20] 1 (2) [3] 10 (24) [25]1 (1) [1]0 (1) [1] 7 (24) [25] 2 (8) [8] 3 (8) [9] 4 (13) [13] 2 (8) [8]3 (8) [9]5 (14) [14] 0 (2) [2] 5 (18) [18] 2 (7) [7]3 (8) [8]1 (2) [2]7 (18) [18]1 (2) [2]712-036PROJECTED SITE-GENERATEDVOLUMESTRADER JOE’S EVANSTON, ILLINOIS537 of 631 PROJECT:TITLE:FIGURE NO:PROJECT NO:NOT TO SCALEDEMPSTER STGREENLEAF STHAMILTON STCHICAGO AVE SITELEGEND00(00)- AM PEAK HOUR (8:00-9:00 AM)- PM PEAK HOUR (4:45-5:45 PM)- SAT PEAK HOUR (12:00-1:00 PM)[00]4 (17) [17]4 (13) [13]3 (14) [14]9 (17) [18] 5 (14) [14] 6 (14) [14] 2 (8) [8]3 (8) [9]TRADER JOE’S EVANSTON, ILLINOIS31 (38) [48] 396 (772) [606] 9 (25) [20]36 (29) [42]83 (83) [46]13 (35) [26]9 (5) [17] 737 (529) [710] 50 (62) [68]50 (84) [78]60 (55) [53]30 (62) [67]411 (880) [702] 10 (17) [8]29 (18) [19]17 (15) [19]14 (57) [43] 840 (634) [737] 33 (70) [86] 3337 (720) [555] 34 (18) [28]33 (17) [22]26 (18) [17]37 (21) [31] 648 (522) [590] 158 (138) [168]92 (159) [178]135 (105) [97]84 (65) [76]471 (880) [693] 862 (643) [746]862 (640) [743] 419 (886) [698]135 (100) [100]12-0368TOTAL PROJECTED VOLUMES538 of 631 14 The Highway Capacity Manual definitions for levels of service and the corresponding control delay for signalized intersections and unsignalized intersections are shown in the Appendix. The results of the capacity analysis are summarized in Table 2 and Table 3. Table 2 CAPACITY ANALYSIS RESULTS—EXISTING TRAFFIC CONDITIONS Weekday A.M. Peak Hour Weekday P.M. Peak Hour Saturday Midday Peak Hour Intersection LOS Delay LOS Delay LOS Delay Chicago/Dempster1 C 22.1 C 23.3 C 27.6 Chicago/Greenleaf1 B 13.4 B 13.7 B 15.4 Chicago/Hamilton2 C 22.5 D 26.5 C 21.4 LOS = Level of Service Delay = Seconds 1. Signalized Intersection 2. Unsignalized Intersection Table 3 CAPACITY ANALYSIS RESULTS—FUTURE TRAFFIC CONDITIONS Weekday A.M. Peak Hour Weekday P.M. Peak Hour Saturday Midday Peak Hour Intersection LOS Delay LOS Delay LOS Delay Chicago/Dempster1 C 23.6 C 33.3 C 31.4 Chicago/Greenleaf1 B 15.1 B 17.4 B 16.8 Chicago/Hamilton2 D 26.0 E 39.1 C 23.4 Chicago/North Drive2 C 22.1 D 34.1 C 21.5 Chicago/South Drive2 C 22.8 E 45.3 C 23.7 LOS = Level of Service Delay = Seconds 1. Signalized Intersection 2. Unsignalized Intersection 539 of 631 15 Evaluation of the Street Operations The results of the capacity analyses show that both of the signalized intersections are currently operating at an acceptable level of service. The Hamilton Street approach at Chicago Avenue currently operates at a Level of Service D or better during the peak hours with additional delays experienced by left-turning movements when exiting onto Chicago Avenue. However, this is a common situation for stop sign controlled intersections along higher volume streets such as Chicago Avenue. It is important to note that it is possible for vehicles along Hamilton Street to access Chicago Avenue via signalized intersections (Dempster Street or Greenleaf Street) located one block north or south of Hamilton Street. With the addition of the development traffic and the other growth projected in the area all of the intersections are projected to continue to operate at an acceptable level of service except the intersections of Chicago Avenue/Hamilton Street and Chicago Avenue/south access drive. During the weekday evening peak hour, the stop signed controlled approaches at these two intersections are projected to operate at a Level of Service E with traffic experiencing some additional delay when exiting onto Chicago Avenue which, as indicated above, is a common situation for stop sign controlled intersections along higher volume streets such as Chicago Avenue. The capacity analyses indicated that some queuing and delays are currently experienced on some approaches as well as certain individual movements. However, field observation and the capacity analyses indicate that the queuing and delays are typically not excessive. As such, no additional capacity and/or street modifications are required to accommodate the additional traffic to be generated by the development. Site Access Access to the development is proposed to be provided via two access drives located on the east side of Chicago Avenue. The two access drives will be approximately 200 feet apart and will both allow full movements in and out of the site. Both access drives should provide one inbound lane and one outbound lane with the outbound lane under stop sign control. The provision of two full-movement access drives will ensure that an adequate and flexible access system is provided and will minimize the potential of overloading the access drives. Furthermore, the two access drives will allow for a more efficient on-site circulation and is consistent with the number of access drives that serve Whole Foods and Jewel stores. One loading dock will be provided along the east side of the proposed building. All trucks will enter and exit the site via the Chicago Avenue access drives with all maneuvers occurring internally. Customer and truck access to/from the alley along the east site of the site will be prohibited. 540 of 631 16 Conclusion Based on the preceding analyses and recommendations, the following conclusions have been made. • Accessibility to and from the area is enhanced by the various alternative modes of transportation serving the area. The area is served by the CTA Purple rapid transit line, the Metra Union Pacific/North Line (UP-N) and two bus lines. Lastly, Chicago Avenue and Greenleaf Street are designated bike routes within the vicinity of the site. • The amount of new traffic generated by the proposed development will be reduced due to the proximity of development within the downtown area to the food stores and the alternative modes of transportation serving the area. • The development-generated traffic can be accommodated efficiently without significant impact to the external street system. All of the intersections within the study limits are projected to generally operate at acceptable levels of service with the addition of the development generated traffic. • The proposed site access system will be adequate to serve the traffic that will be generated by the proposed development. • All access to and from the development, including truck traffic, will be provided via Chicago Avenue. No access to the public alley east of the site will be provided. 12-036 Gazley Trader Joe’s in Evanston July 2 2012 lra 541 of 631 Appendix 542 of 631 LEVEL OF SERVICE CRITERIA—SIGNALIZED INTERSECTIONS Level of Service Interpretation Delay per Vehicle (seconds) A Very short delay, with extremely favorable progression. Most vehicles arrive during the green phase and do not stop at all. ≤10.0 B Good progression, with more vehicles stopping than for Level of Service A, causing higher levels of average delay. >10 and ≤20.0 C Light congestion, with individual cycle failures beginning to appear. Number of vehicles stopping is significant at this level though many still pass through the intersection without stopping. >20 and ≤35 D Congestion is more noticeable, with longer delays resulting from combination of unfavorable progression, long cycle lengths, or high V/C ratios. Many vehicles stop and the proportion of vehicles not stopping declines. >35 and ≤55 E High delays result from poor progression, high cycle lengths and high V/C ratios. >55 and ≤80 F Unacceptable delay occurring, with oversaturation. >80.0 LEVEL OF SERVICE CRITERIA—UNSIGNALIZED INTERSECTIONS Level of Service Average Total Delay (SEC/VEH) A ≤10 B >10 and ≤15 C >15 and ≤25 D >25 and ≤35 E >35 and ≤50 F >50 Source: Highway Capacity Manual, 2000. 543 of 631 Open Space Maintenance Provision Statement The Property Owner / Developer (Terraco) will be responsible for the maintenance of all parking, loading, walkways and landscape within the property boundaries. • All hardsurface areas will be maintained and repaired to assure a safe condition for vehicular and pedestrian movement. • Landscape areas will be maintained and repaired to assure thriving plant material. Restrictive Covenants None. Schedule of Development September 2012 Demolition of Existing Structures October 2012 through April 2013 Site and Building Construction Economic Feasibility Statement: The proposed user, Trader Joe’s, will generate a significant amount of sales. Based on average store sales, comparable demographics of other store locations in the Chicago market and concentration of other successful grocery stores in the area; this location will support a Trader Joe’s. 544 of 631 Plan Compliance The proposed project meets several of the priorities outlined in Chicago Avenue Corridor Recommendations Report adopted by the City in 2000, including: • Encourage attractive new development that harmonizes Chicago Avenue with the surrounding neighborhoods and complements the adjacent historic districts. • Increase the supply of parking to meet future and existing needs as part of new development as well as through public/private partnerships. • Promote development that enhances Chicago Avenue and the tax base of Evanston. • Maintain and improve the overall streetscape to foster a greener, more pedestrian-friendly environment. • The project will reconstruct the existing sidewalk and curb to meet the standards developed in the Chicago Avenue Corridor Recommendations Report for street trees and street furniture. Neighborhood Compatibility The proposed project is compatible and a good neighbor to both residents and commercial businesses in its vicinity. • Loading facilities are located along the alley and screened from residents to the east. • All service vehicles will circulate off the street and through the parking lot and not use the alley for movement through the neighborhood. • The parking lot is screened from fencing on the north and east, and a landscape buffer along the Chicago Avenue sidewalk. 545 of 631 SPECIAL USE APPLICATION CASE #:_____________________________ 11.. PPRROOPPEERRTTYY Address __________________ _____________________________ Permanent Identification Number(s): PIN 1: ---- PIN 2:---- (Note: An accurate plat of survey for all properties that are subject to this application must be submitted with the application. 22.. AAPPPPLLIICCAANNTT Name: ____________ Organization: ___________ Address: _____ City, State, Zip: _____ Phone: Work: _ Home: __ Cell/Other: ______ Fax: Work: ______ Home: ________ E-mail: ______________ What is the relationship of the applicant to the property owner?  same  builder/contractor  contract purchaser  potential lessee  architect  attorney  lessee  real estate agent  officer of board of directors  other: __________________________________________ 33.. PPRROOPPEERRTTYY OOWWNNEERR (Required if different than applicant. All property owners must be listed and must sign below.) Name(s) or Organization: _____________ Address: _____ City, State, Zip: _____ Phone: Work: _ Home: __ Cell/Other: ______ Fax: Work: ______ Home: ______________ E-mail: ______________ “By signing below, I give my permission for the Applicant named above to act as my agent in all matters concerning this application. I understand that the Applicant will be the primary contact for information and decisions during the processing of this application, and I may not be contacted directly by the City of Evanston. I understand as well that I may change the Applicant for this application at any time by contacting the Zoning Office in writing.” _______________________________________________________ ______________________________ Property Owner(s) Signature(s) -- REQUIRED Date 44.. SSIIGGNNAATTUURREE “I certify that all of the above information and all statements, information and exhibits that I am submitting in conjunction with this application are true and accurate to the best of my knowledge.” _______________________________________________________ ______________________________ Applicant Signature – REQUIRED Date PAGE 1 OF 6 Please circle the primary means of contact. Please circle the primary means of contact. zoning office use only 546 of 631 55.. RREEQQUUIIRREEDD DDOOCCUUMMEENNTTSS AANNDD MMAATTEERRIIAALLSS The following are required to be submitted with this application:  (This) Completed and Signed Application Form  Plat of Survey Date of Survey: _______________________________  Project Site Plan Date of Drawings: _____________________________  Plan or Graphic Drawings of Proposal (If needed, see notes)  Non-Compliant Zoning Analysis  Proof of Ownership Document Submitted: __________________________  Application Fee Amount $__________ Notes: Incomplete applications will not be accepted. Although some of these materials may be on file with another City application, individual City applications must be complete with their own required documents. Plat of Survey (1) One copy of plat of survey, drawn to scale, that accurately reflects current conditions. Site Plan (1) One copy of site plan or floor plans, drawn to scale, showing all dimensions. Plan or Graphic Drawings of Proposal A Special Use application requires graphic representations for any elevated proposal-- garages, home additions, roofed porches, etc. Applications for a/c units, driveways, concrete walks do not need graphic drawings; their proposed locations on the submitted site plan will suffice. Proof of Ownership Accepted documents for Proof of Ownership include: a deed, mortgage, contract to purchase, closing documents (price may be blacked out on submitted documents).  Tax bill will not be accepted as Proof of Ownership. Non-Compliant Zoning Analysis This document informed you that the proposed change of use is non-compliant with the Zoning Code and requires a variance. Application Fee The application fee depends on your zoning district (see zoning fees). Acceptable forms of payment are: Cash, Check, or Credit Card. Page 2 of 6 547 of 631 66.. PPRROOPPOOSSEEDD PPRROOJJEECCTT A. Briefly describe the proposed Special Use: _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ AAPPPPLLIICCAANNTT QQUUEESSTTIIOONNSS a) Is the requested special use one of the special uses specifically listed in the Zoning Ordinance? What section of the Zoning Ordinance lists your proposed use as an allowed special use in the zoning district in which the subject property lies? (See Zoning Analysis Review Sheet) _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ b) Will the requested special use interfere with or diminish the value of property in the neighborhood? Will it cause a negative cumulative effect on the neighborhood? _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ c) Will the requested special use be adequately served by public facilities and services? _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Page 3 of 6 548 of 631 d) Will the requested special use cause undue traffic congestion? _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ e) Will the requested special use preserve significant historical and architectural resources? _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ f) Will the requested special use preserve significant natural and environmental features? _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ g) Will the requested special use comply with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation? _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Page 4 of 6549 of 631 City of Evanston DISCLOSURE STATEMENT (This form is required for all Major Variances and Special Use Applications) The Evanston City Code, Title 1, Chapter 18, requires any persons or entities who request the City Council to grant zoning amendments, variations, or special uses, including planned developments, to make the following disclosures of information. The applicant is responsible for keeping the disclosure information current until the City Council has taken action on the application. For all hearings, this information is used to avoid conflicts of interest on the part of decision-makers. 1. If applicant is an agent or designee, list the name, address, phone, fax, and any other contact information of the proposed user of the land for which this application for zoning relief is made: Does not apply. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 2. If a person or organization owns or controls the proposed land user, list the name, address, phone, fax, and any other contact information of person or entity having constructive control of the proposed land user. Same as number _____ above, or indicated below. (An example of this situation is if the land user is a division or subsidiary of another person or organization.) _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 3. List the name, address, phone, fax, and any other contact information of person or entity holding title to the subject property. Same as number ______ above, or indicated below. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 4. List the name, address, phone, fax, and any other contact information of person or entity having constructive control of the subject property. Same as number ______ above, or indicated below. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Page 5 of 6 550 of 631 If Applicant or Proposed Land User is a Corporation Any corporation required by law to file a statement with any other governmental agency providing substantially the information required below may submit a copy of this statement in lieu of completing a and b below. a. Names and addresses of all officers and directors. _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ b. Names, addresses, and percentage of interest of all shareholders. If there are fewer than 33 shareholders, or shareholders holding 3% or more of the ownership interest in the corporation or if there are more than 33 shareholders. _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ If Applicant or Proposed Land User is not a Corporation Name, address, percentage of interest, and relationship to applicant, of each partner, associate, person holding a beneficial interest, or other person having an interest in the entity applying, or in whose interest one is applying, for the zoning relief. ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Page 6 of 6551 of 631 SSppeecciiaall UUssee Information AA.. GGEENNEERRAALL IINNFFOORRMMAATTIIOONN 1. What projects are eligible for a Special Use Permit? Projects are eligible per zoning District. Please check the Zoning District to see if your proposed project is listed as a permitted Special Use per zoning District. The Allowed Uses by Zoning District handout is also another way to access information to see if your project is eligible to apply. 2. Who can submit an application? The applicant must either own, lease, or have legal or equitable interest in the subject property, or must be the representative of such a person. All persons or parties which have an ownership interest in the affected properties must be identified and must sign the application. The Property Owner(s) may, at their discretion, designate another person as Applicant to act on their behalf in processing this application. In that case, the designated Applicant will be considered the primary contact, until the application is closed or the Property Owner changes the designated Applicant by contacting the Zoning Office in writing. Standing (§6-3-8-4): 3. How do I submit an application? Applications must be submitted in person to the Zoning Office, City of Evanston, Civic Center Room 3700, 2100 Ridge Avenue. Our office hours are Monday through Friday (excluding Holidays) from 8:30 am until 5:00 pm. Evanston. Applications must be complete, including all required documentation and fee. Applications are not accepted by mail or e-mail. Application materials cannot be returned. 4. What forms of payment are accepted? Cash, Credit Card, Check. 5. Can I withdraw my application? Yes, an application may be withdrawn any time prior to a vote. 6. Who has access to my application materials? The application is a public document, and as such, may be reviewed by the general public upon request. BB.. IINNFFOORRMMAATTIIOONN AABBOOUUTT SSPPEECCIIAALL UUSSEESS What is a Special Use Permit? For each zoning district, the Zoning Ordinance identifies permitted uses (also called “by right” uses) and special uses which may be allowed depending upon the circumstances. In order to legally operate a special use, a property owner must apply for a Special Use Permit from the Zoning Office. The application is reviewed at a public hearing by the Zoning Board of Appeals (ZBA), which makes a recommendation to the City Council. The ZBA can also recommend conditions on a granted special use. The City Council is the deciding body for all Special Uses in the City of Evanston. 552 of 631 The Special Use Application Process  The City reviews the project through a Zoning Analysis (applied for separately) and determines it is eligible to apply for a special use  The Applicant files a Special Use Application  The City publishes a notice of the hearing in the Evanston Review, between 15 and 30 days prior to hearing.  The City posts a sign describing the public hearing on the property no less than 10 working days before the hearing.  The City must mail notification of the public hearing to all properties that are within 500 feet of any point on the subject property. (The applicant is responsible for the accuracy of the list used by the City for mailing this notice. The applicant can either rely on a list the City produces through its Geographic Information System or produce his or her own list of the names and addresses of property owners within 500 feet of the subject property. The Zoning Office will send to the applicant its generated mailing list. The applicant should inform the Zoning Office if any names and addresses are missing.  The City encourages all applicants to discuss their proposal with their neighbors prior to the public hearing.  The Zoning Division will schedule the applicant to meet with the Site Plan & Appearance Review Committee; (SPAARC) which provides a recommendation to the Zoning Board of Appeals.  The ZBA recommends denial, approval, or approval with conditions of the application to City Council;  The Planning and Development Committee of the City Council considers the ZBA recommendation and forwards it to the full City Council with or without a recommendation;  City Council considers the ZBA recommendation and may introduce an ordinance granting the requested zoning relief;  City Council may adopt an ordinance granting the requested zoning relief at the following or any subsequent City Council meeting. The approximate time from when the Zoning Office receives a complete application to a decision is three to four months. To recommend approval for a special use, the ZBA must find that the proposed special use meets all of the following criteria: a) is one of the listed special uses for the zoning district in which the property lies; b) complies with the purposes and policies of the Comprehensive General Plan and the Zoning Ordinance; c) does not cause a negative cumulative effect in combination with existing special uses or as a category of land use; d) does not interfere with or diminish the value of property in the neighborhood; e) is adequately served by public facilities and services; f) does not cause undue traffic congestion; g) preserves significant historical and architectural resources; h) preserves significant natural and environmental resources; and i) complies with all other applicable regulations. Expiration Within one year of obtaining a special use permit, the recipient must either obtain a building permit and commence construction, or obtain a certificate of occupancy and commence the use. City Council may extend this one-year limitation upon request. CONTACT INFORMATION Community and Economic Development Department – Planning and Zoning Division 2100 Ridge Avenue, Room 3202 Evanston, Illinois 60201 P.847-448-4311 F. 847-448-8126 E. zoning@cityofevanston.org www.cityofevanston.org/zoning 553 of 631 Request for Development Allowances None Requested. General Conditions for Planned Developments in Commercial Districts None Requested. Standards for Planned Developments in Commercial Districts None Requested. 554 of 631 For City Council meeting of September 24, 2012 Item H1 Business of the City by Motion: ADA Report and Creation of Advisory Group For Action To: Honorable Mayor and Members of the City Council From: Douglas J. Gaynor, Director, Parks, Recreation & Community Services Myra Gorman CTRS, Senior Program Coordinator Subject: Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan Update and the creation of an ADA Advisory Group. Date: September 12, 2012 Recommended Action: Human Services Committee and staff recommend acceptance of the ADA Self- Evaluation and Transition Plan Update for Fiscal Year 2012 and consideration of approval for the creation of an ADA Advisory Group to assist the City of Evanston with prioritizing ADA issues and infrastructure improvements. Funding Source: No City funding is necessary. Summary: Self-evaluations and transition plans are required by federal regulations to implement Title II of the Americans with Disabilities Act. Transition plans should be updated every three years. The ADA Self-Evaluation and Transition Plan Update is significant because it establishes the City’s on-going commitment to the development and maintenance of programs, policies and facilities that include all citizens including those with disabilities. The most recent update began in 2011 with a self-evaluation of every department regarding accessibility and compliance of its programs, policies and procedures. In 2012, a compliance team was established to address ADA issues and concerns. Three staff members comprise this team from the Divisions of Facilities Management, Law Department and Parks, Recreation and Community Services Department. As part of the Self-Evaluation and Transition Plan, the City of Evanston has revised and adopted a citywide grievance procedure that provides for prompt and equitable Memorandum 555 of 631 resolution of alleged violations of Title II of the ADA. All grievances will be referred to a member of the compliance team for review and an attempt to resolve the grievance. The creation of a City of Evanston ADA Advisory Group is recommended in order to bring individuals from across the community, representing various disciplines and interests, together to aid the City in its ongoing commitment to make the City and its programs, services, and activities accessible to all individuals, including individuals with disabilities. The ADA Advisory Group will provide input and recommendations to the City regarding ADA issues and compliance, and will assist with the production of future ADA Self-Evaluation and Transition Plan Updates. The recommended composition of the ADA Advisory Group is as follows: Commission on Aging representative Human Relations Commission representative Plan Commission representative Parks and Recreation Board representative Library Board representative Four at large members who shall be appointed by the mayor with the approval of the City Council Staff Liaison The Group will meet twice yearly to: 1) review, prioritize and advise on ADA projects and 2) to evaluate on projects that have been completed. Every three years the group will have an opportunity to participate in the development of the self-evaluation and the transition plan update. City staff from the departments of the City Manager’s Office, Community and Economic Development, Law and Parks, Recreation and Community Services has given a positive recommendation that the Transition Plan Update be accepted and the creation of an ADA Advisory Group be approved. Legislative History: At their September 5, 2012 meeting, the Human Services Committee approved staff’s recommendation of accepting the ADA Self-Evaluation and Transition Plan Update for Fiscal Year 2012 and creating an ADA Advisory Group to assist the City of Evanston with prioritizing ADA issues and infrastructure improvements. If City Council adopts the recommendation to create an ADA Advisory Board, an ordinance amending the City Code to create the ADA Advisory Board will go to the next Human Services Committee meeting for their approval and then on to the City Council. Attachments: ADA Self-Evaluation and Transition Plan Update Fiscal Year 2012 556 of 631 City of Evanston, Illinois ADA Self-Evaluation and Transition Plan Update Spring 2012 Prepared by: Department of Parks, Recreation and Community Services 557 of 631 City of Evanston ADA Transition Plan 1 Table of Contents Executive Summary.............................................................................................................2 ADA Self-Evaluation and Transition Plan Update ............................................................... 5 ADA Self-Evaluation and Transition Plan Update Development Process ........................... 9 City of Evanston Department- Specific Services Review.................................................... 17 Conclusions......................................................................................................................... 24 Definitions............................................................................................................................ 25 ADA Resources List ....... .................................................................................................... 28 Exhibit #1 – Facility Survey – Parks, Recreation and Community Services.........................36 Exhibit #2 – Facility Survey – Public Work...........................................................................39 558 of 631 City of Evanston ADA Transition Plan 2 Executive Summary Introduction The Americans with Disabilities Act (ADA) is a civil rights law that mandates equal opportunity for individuals with disabilities. The ADA prohibits discrimination in access to jobs, public accommodations, government services, public transportation and telecommunications. The City of Evanston has undertaken a comprehensive re-evaluation of its programs, policies and facilities to determine the extent to which individuals with disabilities may be restricted in their access to city services and activities. In 1994, the City of Evanston with the assistance of the consulting firm of Rolf Jenson & Associates completed its first review of its physical facilities. This revision described the process that was used to complete the re-evaluation of Evanston's activities, provided program and policy recommendations and presented a Transition Plan update for the modification of facilities, public right-of-way and programs to ensure accessibility. This document assisted staff in its future planning in the areas of capital improvement planning, budget planning and policy development that may occur in all areas of city government over the next several years. The ADA Self Evaluation and Transition Plan Update is significant because it establishes the City's ongoing commitment to the development and maintenance of programs, policies and facilities that include all of the citizens including those with disabilities. Federal Accessibility Requirements Overview of the ADA: The Americans with Disabilities Act (ADA) was signed into law in July, 1990. This act gives civil rights protection to those individuals with disabilities similar to those provided to other Americans on the basis of race, color, creed, gender, national origin, sexual orientation, age, and religion. The ADA guarantees equal access and opportunity for individuals with disabilities, and also those with a history of having impairment in the past in the areas of public accommodation, employment, and the receipt of services from private entities, the receipt of services from state and local government, transportation, and telecommunications. The ADA is divided into the following titles: Employment (Title I): Title I of the ADA requires that employers with 15 or more employees must not discriminate against qualified individuals with disabilities in all areas of the employment process. These employers must provide reasonable accommodations that protect the rights of these individuals in all areas of the employment process. Possible examples of reasonable accommodations may include: job restructuring, altering workstations and modifying equipment. Employment activities that are covered here include the application and interview process, advancement, wages and benefits. State and local government (Title II): This title of the ADA covers all topics related to access to and participation in all services and programs that are offered by state and local government entities. This provision in the law states that State and Local government entities can not deny services to persons with disabilities and can not deny participation in 559 of 631 City of Evanston ADA Transition Plan 3 programs or activities that are available to the general public. In addition, public transportation such as commuter rail or bus services must also be accessible. Private Entities that provide public services (Title III): This title stipulates that all new construction must be accessible for individuals with disabilities. For existing facilities, all barriers to goods and services must be removed if doing so is readily achievable. Places of public accommodation include facilities such as hotels, restaurants, grocery stores, retail stores, and transportation facilities. Telecommunications (Title IV): Title IV mandates the operation of an Interstate Relay Service and closed captioning for all federally funded public service announcements. The City of Evanston was required to observe all requirements of Title I in its employment practices, Title II in its programs, policies and services, any parts of Titles III and IV that apply to the City and its programs, services or facilities and all the requirements specified in the ADA Accessibility Guidelines (ADAAG) that apply to facilities and other physical holdings. Title II has the broadest impact on the City. Included in Title II are administrative requirements for all government entities employing more than fifty people. There are five (5) action steps that are required under the Title II requirements of ADA compliance: ƒ Designate an individual(s) responsible for coordinating the implementation of the ADA requirements ƒ Provide notice of ADA requirements ƒ Establish a Grievance Procedure ƒ Conduct a self-evaluation ƒ Develop a transition plan Other Applicable Accessibility Requirements The City of Evanston is also required to ensure that its programs, policies and procedures are compliant with other federal, state and local accessibility laws including the Illinois Accessibility Code, Section 504 of the Rehabilitation Act of 1973, the Evanston City Code and local zoning laws. State and local government facilities must follow the requirements of the new 2010 Standards, including both the Titles II regulations at 28CFR 35.151; and the 2004 ADAAG at 36CFR part 1191 appendices B and D. In the few places where requirements between the two differ, the requirements of 28 CFR 35.151 prevail. If the start date for construction is on or after March 15, 2012, all newly constructed or altered state and local government facilities must comply with the 2010 Standards. Before that date, the 1991 Standards (without the elevator exemption), the UFAS, or the 2010 Standards may be used for projects when the start of construction commences on or after September 15, 2010. 560 of 631 City of Evanston ADA Transition Plan 4 First and foremost, any construction project that the city undertakes, or where money is given to an entity from city funds must comply with the above mentioned federal, state and local laws. 561 of 631 City of Evanston ADA Transition Plan 5 ADA Self-Evaluation and Transition Plan Update Development Process and Summary of Findings The process developed for the preparation of the ADA Self-Evaluation and Transition Plan Update included a review of all programs, as well as all department policy reviews and also prioritizing of architectural barriers to be removed. Programs, Policies and Procedures A complete overall review of all city programs, policies and facilities was begun to determine the level of compliance that currently exist within the city organization and where changes were needed in order to bring up the level of accessibility. These reviews consisted of all buildings as well as all city parks and recreation centers that were operated within the city. Facilities Transition Plan Update: A survey was conducted beginning in 2010 and finishing in 2011. This provided the City with a record of the architectural barriers that currently exist that restrict persons with disabilities from having complete access to city facilities and their programs. Facility Surveys The City conducted reviews of architectural barriers in its buildings and facilities. Only those areas open to the public were surveyed. These surveys were conducted using results of previous surveys as well as interviewed staff from the City’s Facilities Management Division who has knowledge of any architectural barrier removal that had been completed within the last five years. Survey results can be found in Exhibits 1 and 2 at the end of this document. These surveys were conducted using ADAAG, IAC standards and the State of Illinois Attorney Generals ADA checklist. This information was compiled and was to be prioritized as part of the capital improvement program. There were a variety of areas covered within the survey including parking, accessible pathways, entrances, public rooms within the facility and restrooms. Removal of Architectural Barriers With the knowledge that the City has limited funds available and can not immediately make all buildings and facilities fully accessible, staff will utilize the following criteria as the basis for prioritizing the removal of architectural barriers: • Quality and frequency: Determine the rate of public use. • Uniqueness of the facility: Can the programs offered at this facility be shifted to an alternative, accessible location? • Age or condition of the facility: Age or condition should not be major criteria, but can be factors if the building is scheduled to be vacated or demolished. 562 of 631 City of Evanston ADA Transition Plan 6 • Critical nature of programs offered at the facility: What types of programs are offered at the facility? Are the programs that are offered critical to the needs of citizens? Prioritization of Barrier Removal As part of the City's capital improvement planning process staff from the Facilities Management Division will produce a list of prioritized capital projects to be proposed to the City Council for approval on a yearly basis. This listing will include a prioritized list of facilities that currently are not in compliance and that have a high frequency of use by the general public including persons with disabilities. City of Evanston reserves the right to make changes to this list at any time. These changes may be based upon any of the following factors but shall not be limited to: availability of funds, cost of barrier removal, frequency of use of the facility and requests from citizens including persons with disabilities. It is the intention of the City to work in conjunction with department heads and other staff to determine the need for barrier removal once funding has been identified. The ADA/CIP Project Manager in the Facilities Management Division will coordinate project priorities. ADA priorities will occur within a reasonable time frame as funding becomes available and construction schedules permit. Since the City of Evanston is located in a northern climate with harsh winters, construction is not conducive during the month of October through March and should be taken into consideration. Undue Burden Under the ADA, the City is not required to take any action that it can demonstrate would result in a fundamental alteration in the nature of its program or activity, would create a hazardous condition resulting in a direct threat to the participant or others, or would represent an undue financial and administrative burden. The determination that an undue burden would result must be based on an evaluation of all resources available for use in the City. For example, if a barrier removal action is judged unduly burdensome, the City must consider other options for providing access to the benefits and services of the program or activity by individuals with disabilities. Ongoing Accessibility Improvements Based on advances in technology, construction of new facilities in the future, and continued accessibility improvements to existing facilities, construction must be monitored to ensure that it is accessible for all citizens including those with disabilities. The City of Evanston keeps its programs up-to-date through increased community involvement, partnerships with organizations and those offering services to persons with disabilities in order to improve accessibility for all citizens. 563 of 631 City of Evanston ADA Transition Plan 7 Measuring the success of the ADA Self-Evaluation and Transition Plan Update It is the intent of the City of Evanston to ensure that it periodically evaluates the success of improving access to its programs by a complete review of the Transition Plan. Examples of measurements that determine success would include: • Statistics on the number of persons with disabilities participating in programming. • Statistics on the number of ADA grievances received in the area of accessibility to programming. • The number of requests for reasonable accommodations received from persons with disabilities. • Soliciting feedback from participants. • Asking staff to evaluate the success/outcome of a program. Compliance Procedure As part of the Self-Evaluation and Transition Plan, the City of Evanston has revised and adopted a citywide complaint procedure to resolve complaints related to discrimination under the ADA. A public entity that employs fifty or more persons is required by the ADA to adopt a public grievance procedure that provides for prompt and equitable resolution of alleged violations of Title II of the ADA. The formal grievance procedure that was adopted by the Evanston City Council in February of 2003 follows: City of Evanston ADA Grievance Procedure – Title II –Accessibility: I. Purpose The City of Evanston (“City”), a public entity, hereby establishes a grievance procedure providing for the prompt and equitable resolution of any complaints alleging actions prohibited by the U.S. Department of Justice regulating Title II of the Americans with Disabilities Act (ADA). This procedure shall be available to all individuals utilizing the service and facilities of the City of Evanston. Qualified disabled individuals shall not be excluded from participating in, or denied the benefits of, or subject to discrimination in any programs or activities sponsored by this public entity. II. Procedure 1. All complaints regarding access or alleged discrimination are to be submitted in writing or in appropriate format to the City Manager and/or the Director of Parks, Recreation and Community Services for resolution. The complaint shall include a detailed description of the alleged discriminatory action to inform the City of the nature and date of the alleged violation. The complaint must be signed by the complainant or by someone authorized to do so on his or her behalf. No grievance shall be accepted which has been submitted more than one hundred and eighty (180) days after the occurrence of the event. Within five (5) calendar days of receiving the written grievance, the designated person will meet with the complainant and attempt to resolve the grievance. The designated person will provide a 564 of 631 City of Evanston ADA Transition Plan 8 written response in appropriate format to the complainant within fifteen (15) calendar days of the meeting. 2. Written complaints should be submitted to the City Manager, City of Evanston, 2100 Ridge Avenue, Evanston, Illinois 60201. A record of the complaint and the actions taken will be maintained on file. 3. If the response of the City Manager is not acceptable to the complainant, the complainant may within ten (10) calendar days request that the grievance be forwarded to the Human Services Committee of the City Council. 4. The committee shall establish procedures for hearing complaints, requests or suggestions from individuals with disabilities regarding access to and participation in public facilities, services, activities, and functions in the community. 5. The committee shall schedule a public meeting for reviewing the complaints, after adequate public notice is given. The committee shall issue a written decision within thirty (30) days of the public meeting. 6. Any decision of the Human Services Committee regarding the grievance may be appealed to the City Council within thirty (30) calendar days. The City Council will consider such appeal at an open meeting, unless the matter is to be discussed in an exception to the Open Meetings Act and the committee decides to discuss it in closed session. A determination must be made within thirty (30) days of the hearing. The decision made by the City Council is final. 7. A record must be made of the action taken at each level of the grievance process. 8. The individual’s right to prompt and equitable resolution shall not impair his/her pursuit of other remedies such as the filing of a complaint with the U.S. Department of Justice or any other appropriate Federal agency. Furthermore, the filing of a lawsuit in a state or federal district court can occur at any time. The use of this grievance procedure is not a prerequisite to the pursuit of other remedies. 565 of 631 City of Evanston ADA Transition Plan 9 ADA Self-Evaluation and Transition Plan Update Development Process Overview This ADA Self-Evaluation and Transition Plan was prepared in fulfillment of the requirements set forth in Title II of the ADA. The ADA states that a public entity must reasonably modify its programs, policies or procedures to avoid discrimination against persons with disabilities. This report describes the process by which programs, policies, procedures and facilities were evaluated for compliance with the ADA, presents the findings of the evaluation and provides recommendations for ensuring accessibility. Legislative Mandate The development of a transition plan is a requirement of federal regulations implementing the Rehabilitation Act of 1973, which require that all organizations receiving federal funds for programs available will not discrimination towards persons with disabilities. The “Civil Rights Act” states that: No otherwise qualified handicapped individual in the United States shall solely by reason of handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. (Section 504) This report and certain documents incorporated by reference establish the ADA Self- Evaluation and Transition Plan Update for the City of Evanston, Evanston, Illinois. Discrimination and Accessibility There are two different types of accessibility- physical accessibility and program accessibility. Absence of discrimination requires that both be provided. The ADA establishes requirements to ensure that buildings and facilities are accessible to and usable by people with disabilities. Design guidelines to achieve accessibility have been developed and are maintained by the U. S. Access Board under the jurisdiction of the ADA. The ADA Accessibility Guidelines (ADAAG) cover a wide variety of facilities including buildings, curbs/ramps, outdoor recreation areas and established minimum accessibility requirements for new construction and alterations to existing facilities. The City may achieve physical accessibility by ensuring that facilities are barrier free and meets ADAAG technical requirements and the State of Illinois accessibility code. Program accessibility requires that individuals with disabilities be provided an equally effective opportunity to participate in or benefit from the public entity’s programs and services. The requirement is that a public entity operates each program so the program is readily accessible to and usable by people with disabilities The City may achieve program accessibility by a number of methods, both structural and nonstructural such as: 566 of 631 City of Evanston ADA Transition Plan 10 • Structural methods such as altering an existing facility • Acquisition or redesign of equipment • Age accommodations • Providing services at alternative accessible sites • Changing components such as rules/regulations to include all When choosing a method of providing program access, the City will give priority to one that results in the most integrated setting appropriate to encourage interaction among all users, including individuals with disabilities. In compliance with the requirements of the ADA, the City provides equality of opportunity but does not guarantee equality of results. City of Evanston Process Introduction Services and programs offered by the City of Evanston to the public must be accessible. Accessibility applies to all aspects of the program or service, including advertisement, orientation, eligibility, participation, testing or evaluation, physical access, provision of auxiliary aids and transportation if provided. The goals of the self-evaluations were: • To develop policy recommendations for the City and each of its departments, divisions and programs. • To ensure that the views of the disabled community are included in the City's policies. • To foster ties between the city staff and representatives of the disabled community. The process of making city facilities and programs accessible to all individuals will be an ongoing process. The City will continue to review accessibility issues while resolution of complaints and reasonable modifications to programs are addressed. The City will periodically evaluate the success of improving access to programs by practices and procedures developed during the review of the self-evaluation questionnaires submitted by each department. Review and Update of General Policies The following is the process the City took in completing the ADA Self-Evaluation and Transition Plan Update: • Each department was asked to complete and submit a departmental self- evaluation questionnaire that was divided into various sections highlighting certain aspects of policies and their level of accessibility. • Once the departmental self-evaluation questionnaire was completed, each director received a written report detailing any irregularities that were noticed within the self-evaluation questionnaire. 567 of 631 City of Evanston ADA Transition Plan 11 • Recommendations were given to each director as to what policies and procedures needed to be modified to allow for persons with disabilities to have the most independent level of access available. Program Accessibility Questionnaire The self-evaluation of the City of Evanston's services, programs and activities required solicited information about current programs in the following categories: • A summary of the department program and its purpose, the specific activities that comprise the program and the nature of any advertising or program materials produced. • Any program or admission eligibility requirements. • An overview of participation in the program, including who participates and how participation is facilitated. • The methods used by departments to provide accessibility. • Any access complaints or requests for improving access to the programs. • A list of facilities or portions of facilities used by the programs and activities that take place there. • Program providers, including outside organizations. • Transportation, if provided. • Communication, including audiovisual presentations and the City's website. Policies, Procedures, and Program Accessibility Findings- City of Evanston General Policies and Practices Following is a list of general policies and practices which will affect all city departments. These should be added to specific departmental policies and practices and made a part of each departments ADA implementation strategy to guide administration with any programs. General Policies and Practices In general, the City of Evanston is well-prepared in this area; the only issues that remain in this area are the following: • Lack of funding available to make long-term capital improvement projects a reality. • Lack of training in the areas of disability sensitivity and ADA compliance for all city staff. • Need for better prioritization of ADA projects. It is the City's goal to address all of the citywide programs, policies and procedures that act as barriers to accessibility. In those situations where a program, policy or procedure creates an accessibility barrier that is unique to a department or a particular program, the City intends to address the removal of the barrier in the most reasonable and expeditious manner possible. 568 of 631 City of Evanston ADA Transition Plan 12 Non-Discrimination Policy-Notice Requirements The notice regarding the City's commitment to providing accessible services will be posted on the City of Evanston's Internet site. Policy on non-discrimination on the basis of disability: The City of Evanston does not discriminate on the basis of disability in any area of City services including employment. The ADA Compliance Team has been designated to coordinate compliance with nondiscrimination requirements contained in the Department of Justice regulations that relate to Title II of the Americans with Disabilities Act which prohibits discrimination on the basis of disability by public agencies. The ADA Compliance Team may be reached at: City of Evanston 2100 Ridge Ave. Evanston, IL 60202 (847) 866-2914 (phone), (847) 448-8051 (fax) (847) 448-8064 (TTY) disabledsvcs@cityofevanston.org (E-mail) General Facilities, Programs and Services Policy The City of Evanston supports the ADA guidelines and requirements: • Every effort shall be made that city-sponsored programs and facilities are accessible according to Illinois Accessibility Code and the Americans with Disabilities Act guidelines. • The City will maintain in working order equipment and features in facilities that are required to run ready access to individuals with disabilities. • The City will ensure that individuals with disabilities are not excluded from regular programs. Individuals with disabilities will be integrated into regular programs to the maximum extent possible. • The City will ensure where specific requirements are necessary for the safe operations of the programs; those requirements are based on real risk, not on speculation, stereotypes or generalizations about individuals with disabilities. • The City will modify policies, practices and procedures to avoid discrimination unless the modifications would fundamentally alter the nature of the program or create a hazardous situation. • It is not required that each existing facility be accessible. This standard, known as" program accessibility," must be provided by methods including alteration of existing facilities, acquisition or construction of additional facilities, relocation of a service or program to an accessible facility or provision of services at an alternate site. 569 of 631 City of Evanston ADA Transition Plan 13 Requests for Accommodations The request for services should be made directly to the department involved. A specific request can be placed by phone into the 311 Center which would then forward the request to the specific department to be addressed. • The determination whether to provide an accommodation is made on a case-by- case basis. This is an individual process through which the Department and an individual with a disability discuss and arrange for the necessary (and reasonable) accommodations. • In assessing the accommodation, the City will give priority consideration to program accommodations that will be consistent with provisions of services, programs and activities in the most integrated setting appropriate to qualified individuals with disabilities. • Accommodations may include, but are not limited to, making reasonable modifications in policies, practices, and procedures, furnishings, auxiliary aids and services and making services, programs or activities accessible, usable and integrated whenever appropriate. • Specific lists of types of accommodations are not included in this policy as they vary depending on program and individual needs and also by types of accommodations available. • In person requests for services or information at a counter will be handled on an individual basis. The individuals in those departments will determine an appropriate accommodation for the individual. • A grievance procedure is available at the City of Evanston's Internet site for those situations where the individual and City representative may disagree about what is reasonable, appropriate and/or necessary. Special Events • In situations where private organization sponsor events at City facilities, the City of Evanston will require private organizations to comply with applicable ADA requirements. The City will provide a checklist during the application process to inform the organizer of their responsibility for accessibility under the ADA requirements. The information for special events is handled by the Parks, Recreation and Community Services Department. Equipment • Limited specialized equipment may be available to assist persons with disabilities to participate in programs such as recreation. This information can be found by contacting the Parks, Recreation and Community Services Department. • The City currently has an active TTY number which is connected to the Parks, Recreation and Community Services Department and is available for use by persons who are deaf or hard of hearing and wish to sign up for programs. 570 of 631 City of Evanston ADA Transition Plan 14 Public Meeting • Public meetings will be scheduled in accessible locations whenever possible. An accessible location includes, but not limited to having the following: accessible restrooms, wheelchair access, accessible parking, accessible route, temperature control, and the ability to provide access to fresh air for people with chemical sensitivities. • When a fully accessible site is not available, reasonable accommodations will be made so that an individual with a disability can participate. • Information will be made available to City staff on the types of accommodation requests that may be made by persons with different types of disabilities. Types of possible accommodations may include sign language interpreters, readers, descriptive services and other assistive technologies such as" real-time" captioning. • A notice will be displayed on meeting agendas indicating the availability of accommodations by request. • Agendas will be provided in alternative format, when requested, if possible. • The City will maintain a resource list of American Sign Language interpreters who may be brought to meetings to assist individuals with hearing impairments when requested. • The City will maintain a list of accessible meeting spaces to facilitate the scheduling of meetings and/or the relocation of meetings if necessary. Communications Policy General • Public information will be available on how to request sign language interpreters, equipment that enhances hearing, or other appropriate accommodations. • Requests for reasonable accommodation will be responded to within two business days in the case of meeting agendas being closed. • Departments may provide appropriate auxiliary aids and services where necessary, to ensure effective communication with individuals with disabilities, unless doing so would result in a fundamental alteration of a program or service or if providing that service results in an undue burden as defined by law. • The City will provide public information in alternative formats when requested. City Website • The City will maintain a webpage on the City’s website that discusses disability services, the citywide grievance policy and how to apply for reasonable accommodations for programs and meeting participation. • Comments or suggestions for additions to the City’s website, such as adding links to the ADA webpage or specific departmental websites may be submitted to the City webmaster. 571 of 631 City of Evanston ADA Transition Plan 15 Printed Information • When a Department receives a request to produce printed materials in alternative formats for persons with various disabilities, the Department will make every effort to accommodate a reasonable request providing that it does not cause a fundamental alteration in the nature of the program or service or cause undue financial burden. • Requests for specialized formats of lengthy and/or bulky documents will be handled on an individual basis. • Any charge for a publication will be uniform for all formats of that publication. • The City will make program information more widely available to all city residents by publicizing available program brochures in alternative formats when request. • On city-related printed material distributed to the public regarding programs, there will be reference to the City's non-discrimination policy and the phone number of the Recreation Superintendent and/or other contact information on who can provide assistance in meeting special requests. • Information on the City's efforts to comply with the ADA will be available on request and included in the City's website. Outreach of Information • The City will use various media for outreach regarding information on accessibility. Signs • City directional and informational signs are designated as needed to include accessibility standards. • When signs are replaced, priority will be given to signs related to public access. These signs will be replaced with signage that includes information about accessibility. • The International Symbol of Accessibility (ISA) will be included whenever required on directional or informational signs. The City will consider its use whenever possible. Staff Training Policy The ADA Compliance Team will monitor and oversee the ADA training requirement. • All employees shall be trained in ADA policies applicable to their departments and positions. Emphasis on training will be given to senior management as well as Department Directors and Supervisors. • Appropriate city staff members will be provided with training in general building evacuation procedures for assisting people with disabilities in an emergency. Funding Policy ADA compliance is one of the evaluation criteria used in allocating money for the Capital Improvement Program (CIP). 572 of 631 City of Evanston ADA Transition Plan 16 • ADA compliance cost will be identified for each CIP project and a summary of these costs will be available as part of the bidding process. • When a reasonable accommodation is needed, the cost will not be incurred by the individual requesting it. It is the responsibility of the Department to identify, request funds, support and insure the accommodation. The individual shall notify the department of the need for an accommodation in writing, either via e-mail or with a letter or by phone through the 311 Center. • The City is a grantee of federal Community Development Block Grant funds from the United States Department of Housing and Urban Development. When an organization or city department submits an application requesting funding for a program that is permitted using these funds, it must ensure that the program or service being funded is fully accessible to persons with disabilities or that reasonable accommodations can be made if necessary. The CDBG program is administered by the Community and Economic Developed Department. 573 of 631 City of Evanston ADA Transition Plan 17 City of Evanston Department - Specific Services Review Administrative Services Department This department is divided into the following divisions: • Human Resources • Parking Service • Finance • Information Technology Administrative Services is responsible for the day to day administrative functions of the divisions listed above. Included within these departments are the GIS functions as well as the recruiting, hiring, salary and benefits, employee performance evaluations, budget preparation, parking enforcement, and other associated administrative functions. The Human Resources Division is responsible for ensuring that there is equal access in all areas of employment as stated in Title I of the ADA. This division also handles request for reasonable accommodations, as well as FMLA requests and other related benefit issues. The Parking Services Division handles all parking enforcement related issues. It handles 35 surface parking lots, 3 municipal garages and 2400 street parking spaces. This division ensures that all state regulations regarding accessible parking are enforced and tickets are issued when appropriate. Finance compiles appropriate internal financial information to facilitate management control of financial operations and prepares the Comprehensive Annual Financial Report (CAFR). Information Technology oversees all technology installation as well as any request for accessible software installation. City Clerk’s Office This office provides the following programs and services: • Freedom of Information Act: Fulfills any FOIA request that is received on behalf of a department. • Publications/Codes for Sale: Will provide publications when requested. • Temporary Disabled Placard: Issues requests for ninety-day temporary disabled parking placard. • Real Estate Transfer Tax: Whenever a property is sold within the City of Evanston, a transfer tax is paid at the closing of the sale. • Notarization and certification service: Notary Public services are available as well as certification service for a fee. • Voter Information: Provides information regarding voting. 574 of 631 City of Evanston ADA Transition Plan 18 This department is compliant with all aspects of ADA to ensure that its services are accessible. All department policies and procedures are consistent with the requirements of the ADA. City Manager’s Office This office is divided into the following divisions: • Public Information Division: Provides information to the public via web, calendar, news, press releases, Highlights newsletter, E newsletters, Facebook, Twitter, YouTube and other means of communication. • 311 Division: Established to provide a central location for disseminating information about city services and programs. • Sustainability Division: Implements the climate action plan for the City of Evanston. • Website Management Division: Creates and maintains the City website. • Inter-Governmental Affairs Division: Coordinates with State, Federal and other regional officials and agencies to advocate for the needs and interests of Evanston. • Development/Fundraising Division: Raises money to sponsor Evanston events and programs. • Volunteer Program: Manages the new Evanston volunteer program. In addition, the City Manager’s Office has the responsibility for preparing and coordinating the agendas for City Council meetings and provides policy support to elected officials. All of the programs and services provided by this office are compliant with the Americans with Disabilities Act. Community and Economic Development Department This department is divided into the following divisions: • Building, Inspection and Permits • Planning and Zoning • Housing Rehabilitation • Economic Development This department and its divisions provide a number of services to the community including Community Development Block Grant funds(CDBG), security light and fencing assistance, building plans, permits and rehab, facade improvement programs, alley assessment assistance, guidance in relocating businesses, plan developments, home purchasing assistance and emergency home guidance. This department is compliant with all aspects under the ADA including section 504 of the Rehabilitation Act of 1973, which governs the regulations for CDBG grant recipients. 575 of 631 City of Evanston ADA Transition Plan 19 Under the supervision of the Director, this department will continue to provide changes to their policies and implement training which is inclusive of persons with disabilities. Staff will be made aware of any important issues that may arise, particularly in the area of ADA grievances that may be received by the department from staff or citizens. Fire and Life Safety Department This department is divided into the following divisions: • Fire Suppression-This division serves as first responders during emergency; this includes fire and EMS. • EMS- Department paramedics provide vital services to the citizens and support to the department’s other functions. • Special Teams- Fire Suppression, Dive Team, Personal Water Craft Team, Technical Rescue Team, Hazardous Materials Team, Auto-Aid response, and MABAS request response. • Fire Prevention-This division provides public education on how to prevent fires. This department provides all fire and life safety services for the City of Evanston. Staff has been trained in the proper way to interact with persons who have disabilities in 2007. All of the fire departments programs are accessible for all individuals with the exception of firefighter recruitment which as an eligibility requirement for that department an individual needs to be physically fit in order to serve as a firefighter or EMS technician. Health Department This department is divided into the following divisions: • Community Health Division • Environmental Health Division The Community Health Division provides the following programs and services: • Women Out Walking-a physical fitness program for women. • Children's Dental Clinic • All Kids Programs • Federally Qualified Health Center • Mental Health • Health Summit • Vital Records: Issues birth and death certificates The Environmental Health Division provides the following programs and services: • Food Establishment Inspections-inspections of food establishments • Communicable Disease Surveillance-Disease Monitoring throughout Evanston • Emergency Response • Public Health Licensing and Permits 576 of 631 City of Evanston ADA Transition Plan 20 • Lead Program-Testing of homes for lead • West Nile Virus-Bird and Mosquito testing • Beach water Quality-Beach water Testing • Pest Control • Clean Air Act/Smoking program • Food Service Manager Certification This department handles all aspects of health monitoring throughout the City of Evanston. The Evanston Health Department is in compliance with the Americans with Disabilities Act and its programs and policies are consistent with Title II of the ADA. With proper notice, the Department will make arrangements to ensure that all of its meetings are held in accessible locations along with proper notification. Law Department This department serves as legal counsel for all departments and divisions of the City of Evanston. The Law Department will provide a response when the City receives a grievance that involves one of the city departments and is ADA related. The City’s Law Department will respond to all civil suits filed against the City of Evanston. Library Department This department provides a number of services including: • Administrative and maintenance support of library operations • Computer classes and workshops • Public arts, literary, literacy and cultural programs including story times • Books on wheels services All Library policies take into account participation by persons with disabilities and staff will make reasonable attempts to accommodate requests of patrons with disabilities and has been trained on the proper use of the TTY machine as well as the Illinois Relay Service which can assist patrons who are deaf and hard of hearing or may have speech issues. Parks, Recreation and Community Services Department This department is divided into the following divisions: • Recreation Division • Parks and Forestry Division • Facilities Management Division • ADA Compliance/Disability Services and Youth Services The Department manages 75 parks, 6 community centers, 6 guarded beaches and all city- owned buildings. 577 of 631 City of Evanston ADA Transition Plan 21 The Recreation Division operates various recreation, sports programming and special events throughout the city. Arrangements on a case-by-case basis provide reasonable accommodations to anyone with a disability who wishes to participate in programming provided that the accommodation does not create an undue financial hardship or a fundamental alteration in the nature of the program as it was intended. Recreation staff receives disability/sensitivity training on a regular basis. The Special Recreation program provides on-going training, support and resources to all center staff. Parks and Forestry maintains all the community parks and parkway trees within the city. They will address any requests received through our 311 system that pertain to an ADA issue. Facilities Management is responsible for all city owned buildings and their compliance with the ADA. All new projects are reviewed to ensure that they will be compliant under the ADA. The Department oversees the ADA Compliance/Disability Services for the City. The duties of this position are divided among three individuals: Inclusion Coordinator, ADA/CIP Project Manager and a representative of the Law Department. All department policies and procedures are consistent with the requirements of the ADA. Police Department This department is divided into the following divisions: • Field Operations Division • Investigative Services Division • Support Services Division This department supports all law enforcement activities as well as the enforcement of all state and federal laws including ADA. Within each division are different bureaus that encompass different aspects of the day-to-day operations of the Police Department. This department has been trained over the last seven years in the area of disability sensitivity and ADA compliance. An additional online training course was given to command staff and supervisors of the department to educate them on all aspects of the ADA Amendments Act which took effect January 1, 2009. Department staff has been trained in ADA compliance issues as well as disability awareness issues in 2008. An online training was conducted for command staff in the fall of 2010. All department policies and procedures are consistent with the requirements of the ADA. There is a wide network of service providers throughout the City of Evanston that can be called upon to assist police officers who may encounter persons with mental illness or cognitive issues and may be unable to speak for themselves. 578 of 631 City of Evanston ADA Transition Plan 22 Public Works Department This department is divided into the following divisions: • Engineering Division • Streets and Sanitation • Fleet Service In the Engineering Division all contractors are required to provide proof that they understand what is required by the ADA and the Illinois Accessibility Code. This department provides programs such as ADA curb ramp replacement which is incorporated as part of the street resurfacing and water main replacement programs to increase the level of mobility that is available for all including individuals with disabilities. The City of Evanston maintains hundreds of miles of arterial and residential streets. The City has a number of on-going programs devoted to making the City’s streets and sidewalks more accessible. Through the use of Motor Fuel Tax (MFT) Funds and Capital Improvement Program (CIP) accessibility is incorporated into the design of projects for pedestrian safety, pedestrian paths, and traffic signals. Ramps are installed or upgraded on all projects including street resurfacing and street rehabilitation. The Engineering Division of Public Works is responsible for upgrading ADA ramps at the street intersections. As part of the street projects we identify the substandard access ramps and reconstruct these ramps as part of the project. The locations are identified as part of the five year street resurfacing program. The 2012 street resurfacing/water main and street resurfacing program is in the last year of the 2007-2011 Program. The development of a new 5 year program (2013-2017)is planned for this summer (2012)upon Council approval. The City of Evanston will continue to improve sidewalk accessibility as funding is available. Utilities Department This department is divided into the following divisions: • Water Division • Sewer Division The Department provides water and sewer services for the City of Evanston as well as surrounding communities. This Department is compliant with ADA regulations and has limited contact with persons who have disabilities except in cases where there is water and sewer work being done on the street, or when an individual has issues with their water or sewer bill. 579 of 631 City of Evanston ADA Transition Plan 23 Conclusions The City of Evanston continues to maintain a proactive approach toward addressing the issue of accessibility for persons with disabilities in its programs and facilities. Department directors and supervisors work to address accessibility issues that may exist in city owned or leased facilities as well as in any programs that are operated or funded by the city. As this report shows, the City of Evanston maintains a continuing commitment to insuring equal access for all citizens including persons with disabilities. The City of Evanston is aware of its obligations under the ADA, and has intentions to do everything within reasonable expectations in a reasonable timeframe to address any issues of accessibility in its programs, policies, and facilities. The City of Evanston is committed to providing equal access in all areas of public services, and does not discriminate on the basis of race, color, creed, national origin, religion, age, sexual orientation, or disability. Each department director and division manager is expected to insure that equal access is provided at all times and to resolve any accessibility-related issues in a timely manner. 580 of 631 City of Evanston ADA Transition Plan 24 Definitions The following is a summary of many definitions found in the ADA. Please refer to the Americans with Disabilities Act for the full text of definitions and explanations. Disability The term disability means, with respect to an individual: • A physical or mental impairment that substantially limits one or more of the major life activities of such individual; • A record of such impairment; or • Being regarded as having such impairment. Qualified Individual with a Disability A qualified individual with a disability means an individual with a disability who, with or without reasonable modification to rules, policies, or practices; the removal of architectural, communication, or transportation barriers; or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the City. Discrimination on the Basis of Disability Discrimination on the basis of disability means to: • Limit, segregate, or classify a citizen in a way that may adversely affect opportunities or status because of the person’s disability; • Limit, segregate, or classify a participant in a program or activity offered to the public in a way that may adversely affect opportunities or status because of the participant’s disability; • Participate in a contract that could subject a qualified citizen with a disability to discrimination; • Use any standards, criteria, or methods of administration that have the effect of discriminating on the basis of disability; • Deny equal benefits because of a disability; • Fail to make reasonable accommodations to known physical or mental limitations of an otherwise qualified individual unless it can be shown that the accommodation would impose an undue burden on the City’s operations; • Use selection criteria that exclude otherwise qualified people with disabilities from participating in the programs or activities offered to the public; and • Fail to use tests, including eligibility tests, in a manner that ensures that the test results accurately reflect the qualified applicant’s skills or aptitude to participate in a program or activity. Complaint A complaint is a claimed violation of the ADA. Physical or Mental Impairments Physical or mental impairments may include, but are not limited to: vision, speech, and hearing impairments; emotional disturbance and mental illness; seizure disorders; mental retardation; orthopedic and neuromotor disabilities; learning disabilities; diabetes; heart disease; nervous conditions; cancer; asthma; hepatitis B; HIV infection (HIV condition); and drug addiction if the addict has successfully completed or is participating in a rehabilitation 581 of 631 City of Evanston ADA Transition Plan 25 program and no longer uses illegal drugs. The following conditions are not physical or mental impairments: transvestitism; illegal drug use; homosexuality or bisexuality; compulsive gambling; kleptomania; pyromania; pedophilia; exhibitionism; voyeurism; pregnancy; height; weight; eye color; hair color; left-handedness; poverty; lack of education; a prison record; and poor judgment or quick temper if not symptoms of a mental or physiological disorder. Substantial Limitation of Major Life Activities An individual is disabled if she or he has a physical or mental impairment that (a) renders her or him unable to perform a major life activity or (b) substantially limits the condition, manner, or duration under which she or he can perform a particular major life activity in comparison to other people. Major life activities are functions such as walking, seeing, hearing, speaking, breathing, learning, performing manual tasks, or caring for oneself. In determining whether physical or mental impairment substantially limits the condition, manner, or duration under which an individual can perform a particular major life activity in comparison to other people, the following factors shall be considered: • The nature and severity of the impairment; • The duration or expected duration of the impairment; and • The permanent or long term impact (or expected impact) of or resulting from the impairment. Having a Record of Impairment An individual is disabled if he or she has a history of having an impairment that substantially limits the performance of a major life activity; or has been diagnosed, correctly or incorrectly, as having such impairment. Regarded as Having a Disability An individual is disabled if she or he is treated or perceived as having an impairment that substantially limits major life activities, although no such impairment exists. Reasonable Program Modifications If the individuals’ disabilities prevent them from performing the essential functions of the program or activity, it is necessary to determine whether reasonable program modifications would enable these individuals to perform the essential functions of the program or activity. Reasonable program modification is any change in program or activity or in the way things are customarily done that enables an individual with a disability to enjoy equal program opportunities. Accommodation means modifications or adjustments: • To a registration or application process to enable an individual with a disability to be considered for the program or activity; • To the program or activity environment in which the duties of a position are performed so that a person with a disability can perform the essential functions of the program or activity; and • That enables individuals with disabilities to enjoy equally the benefits of the program or activity as other similarly situated individuals without disabilities enjoy. Modification includes making existing facilities and equipment used by individuals readily accessible and usable by individuals with disabilities. Modification applies to: 582 of 631 City of Evanston ADA Transition Plan 26 • Known disabilities only. Modification is not required if it changes the essential nature of a program or activity of the person with a disability, it creates a hazardous situation, adjustments or modifications requested are primarily for the personal benefit of the individual with a disability, or it poses an undue burden on the City. Auxiliary Aids and Services The term auxiliary aids and services include: • Qualified interpreters or other effective methods of making orally delivered materials available to individuals with hearing impairments; • Qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments; • Acquisition or modification of equipment or devices; and • Other similar services and actions. 583 of 631 City of Evanston ADA Transition Plan 27 ADA Resources List Federal Accessibility Standards and Regulations U.S. Department of Justice The U.S. Department of Justice provides many free ADA materials including the Americans with Disability Act (ADA) text. Printed materials may be ordered by calling the ADA Information Line: (800) 514-0301 (Voice) or (800) 514-0383 (TDD). Publications are available in standard print as well as large print, audiotape, Braille, and computer disk for people with disabilities. Documents, including the following publications, can also be downloaded from the Department of Justice website at http://www.ada.gov ADA Regulation for Title II: This publication describes Title II of the Americans with Disabilities Act, Pub. L. 101-336, which prohibits discrimination on the basis of disability by public entities. Title II of the ADA protects qualified individuals with disabilities from discrimination on the basis of disability in the services, programs, or activities of all state and local governments. This rule adopts the general prohibitions of discrimination established under section 504, as well as the requirements for making programs accessible to individuals with disabilities and for providing equally effective communications. It also sets forth standards for what constitutes discrimination on the basis of mental or physical disability, provides a definition of disability and qualified individual with a disability, and establishes a complaint mechanism for resolving allegations of discrimination. Title II Technical Assistance Manual and Yearly Supplements: This 56-page manual explains in lay terms what state and local governments must do to ensure that their services, programs, and activities are provided to the public in a nondiscriminatory manner. Many examples are provided for practical guidance. Accessibility of State and Local Government Websites to People with Disabilities: A 5-page publication providing guidance on making state and local government websites accessible. ADA Information for Law Enforcement: This page contains compliance assistance materials to help state and local law enforcement officers understand how to interact with victims, witnesses, suspects, and others who have disabilities. U.S. Access Board The full texts of federal laws and regulations that provide the guidelines for the design of accessible facilities and programs are available from the U.S. Access Board. Single copies of publications are available free and can be downloaded or ordered by completing a form available on the Access Board‘s website at http://www.access-board.gov In addition to regular print, publications are available in: large print, disk, audiocassette, and Braille. Multiple copies of publications can be ordered by sending a request to pubs@access- board.gov In addition to the guidelines, guidance material is also available to assist staff in understanding and implementing federal accessibility guidelines. The following publications are currently available from the U.S. Access Board. Guidelines and Standards for Facilities 584 of 631 City of Evanston ADA Transition Plan 28 ADA Accessibility Guidelines (ADAAG): This document contains scoping and technical requirements for accessibility to buildings and facilities by individuals with disabilities under the Americans with Disabilities Act (ADA) of 2010. These scoping and technical requirements are to be applied during the design, construction, and alteration of buildings and facilities covered by Titles II and III of the ADA to the extent required by regulations issued by federal agencies, including the Department of Justice and the Department of Transportation, under the ADA. This document must be used in conjunction with Title 24 of the California Building Code: http://www.dsa.dgs.ca.gov/Access State and Local Government Facilities: ADAAG Amendments: The Access Board is issuing final guidelines to provide additional guidance to the Department of Justice and the Department of Transportation in establishing accessibility standards for new construction and alterations of State and local government facilities covered by Title II of the ADA. The guidelines will ensure that newly constructed and altered State and local government facilities are readily accessible to and usable by individuals with disabilities in terms of architecture, design, and communication. Building Elements for Children: ADAAG Amendments: The Access Board is issuing final guidelines to provide additional guidance to the Department of Justice and the Department of Transportation in establishing alternate specifications for building elements designed for use by children. These specifications are based on children's dimensions and anthropometrics and apply to building elements designed specifically for use by children ages 12 and younger. Play Areas: ADAAG Amendments: The Access Board is issuing final accessibility guidelines to serve as the basis for standards to be adopted by the Department of Justice for new construction and alterations of play areas covered by the ADA. The guidelines include scoping and technical provisions for ground level and elevated play components, accessible routes, ramps and transfer systems, ground surfaces, and soft contained play structures. Recreation Facilities: ADAAG Amendments: The Access Board has issued final accessibility guidelines to serve as the basis for standards to be adopted by the Department of Justice for new construction and alterations of recreation facilities covered by the ADA. The guidelines include scoping and technical provisions for amusement rides, boating facilities, fishing piers and platforms, golf courses, miniature golf, sports facilities, and swimming pools and spas. Guidance Material and Advisory Reports for Facilities The following publications provide additional information on specific aspects of the above guidelines and standards for facilities. Employees are encouraged to refer to these publications to obtain more detailed and up-to-date information when evaluating and implementing accessibility improvements to facilities. Using ADAAG Technical Bulletin: This bulletin was developed to serve the specific needs of architects and other design professionals who must apply the ADAAG to new construction and alterations projects covered by Titles II and III of the ADA. It is also intended to clarify accessibility regulations generally, including those that apply to existing facilities covered by the ADA. 585 of 631 City of Evanston ADA Transition Plan 29 Visual Alarms Technical Bulletin: In passing the ADA in 1990, Congress specifically directed the Access Board to provide greater guidance regarding communications accessibility. Thus the ADAAG require that where emergency warning systems are provided in new or altered construction, they must include both audible and visible alarms that meet certain technical specifications. This bulletin was developed to provide more technical information about the types of visual fire alarms available and how and where their use is required. Text Telephones Technical Bulletin: Text telephones are machinery or equipment that employs interactive graphic (i.e., typed) communications through the transmission of coded signals across the standard telephone network. Text telephones can include, for example, devices known as TDDs (telecommunications display devices or telecommunications devices for deaf persons) or computers. This bulletin was developed to provide more technical information about the types of text telephones available and how and where their use is required. Ground and Floor Surfaces Technical Bulletin: Over twenty-seven million Americans report some difficulty in walking. Of these, eight million have a severe limitation and one-fifth of this population is elderly. Ambulatory persons with mobility impairments- especially those who use walking aids—are particularly at risk of slipping and falling even on level surfaces. The information in this bulletin is intended to provide designers with an understanding of the variables that affect the measurement and performance of materials specified for use on walking surfaces and to better describe the requirements of an accessible route. Parking Technical Bulletin: Accessible parking requires that sufficient space be provided alongside the vehicle so that persons using mobility aids, including wheelchairs, can transfer and maneuver to and from the vehicle. Accessible parking also involves the appropriate designation and location of spaces and their connection to an accessible route. This bulletin was developed to provide more detailed information about the requirements for accessible parking including the configuration, location, and quantities of accessible parking spaces. Detectable Warnings Update (March 2003): Currently, the Access Board is in the process of developing guidelines on public rights-of-ways that, once finalized, will supplement the new ADAAG. While ADAAG covers various features common to public streets and sidewalks, such as curb ramps and crosswalks, further guidance is necessary to address conditions unique to public rights-of-way. Constraints posed by space limitations at sidewalks, roadway design practices, slope, and terrain raise valid questions on how and to what extent access can be achieved. Guidance on providing access for blind pedestrians at street crossings is also considered essential. This bulletin outlines the requirements of detectable warnings, a distinctive surface pattern of domes detectable by cane or underfoot, which are used to alert people with vision impairments of their approach to streets and hazardous drop-offs. The ADA Accessibility Guidelines (ADAAG) require these warnings on the surface of curb ramps, which remove a tactile cue otherwise provided by curb faces, and at other areas where pedestrian ways blend with vehicular ways. They are also required along the edges of boarding platforms in transit facilities and the perimeter of reflecting pools. Assistive Listening Systems Technical Bulletins: Assistive listening systems (ALS) are devices designed to help people with hearing loss improve their auditory access in difficult 586 of 631 City of Evanston ADA Transition Plan 30 and large-area listening situations. Typically, these devices are used in such venues as movie houses, theaters, auditoriums, convention centers, and stadiums, where they are piggybacked on a public address system. They may also be used in smaller listening locations like courtrooms, museums, classrooms, and community centers. This bulletin provides information about the types of systems that are currently available and tips on choosing the appropriate systems for different types of applications. Guide to the ADA Accessibility Guidelines for Play Areas: The Access Board has developed accessibility guidelines for newly constructed and altered play areas. This bulletin is designed to assist in using the play area accessibility guidelines and provides information regarding where the play area guidelines apply, what a play component is considered to be, how many play components must be within an accessible route, and the requirements for accessible routes within play areas. Summaries of Accessibility Guidelines for Recreation Facilities: The Access Board issued accessibility guidelines for newly constructed and altered recreation facilities in 2002. The recreation facility guidelines are a supplement to ADAAG. They cover the following facilities and elements: amusement rides, boating facilities, fishing piers and platforms, miniature golf courses, golf courses, exercise equipment, bowling lanes, shooting facilities, swimming pools, wading pools, and spas. Accessibility Guidelines for Outdoor Developed Areas: The Regulatory Negotiation Committee on Accessibility Guidelines for Outdoor Developed Areas was established in June 1997. The accessibility guidelines proposed by the Committee include consideration of the latest information, design, and construction practices in existence. Proposed section 16 of ADAAG requires all areas of newly designed or newly constructed and altered portions of existing trails connecting to designated trailheads or accessible trails to comply with this section. This proposed section also provides design guidelines for all newly constructed and altered camping facilities, picnic areas, and beach access routes. It is recognized that compliance with this section will not always result in facilities that will be accessible to all persons with disabilities. These guidelines recognize that often the natural environment will prevent full compliance with certain technical provisions, which are outlined in this publication. Guidelines for Transportation ADA Accessibility Guidelines for Transportation Vehicles: This publication provides minimum guidelines and requirements for accessibility standards for transportation vehicles required to be accessible by the Americans with Disabilities Act (ADA) of 1990, including over-the road bus and tram systems. ADA Accessibility Guidelines for Transportation Vehicles; Over-the-Road Buses: This publication outlines the amendments to the accessibility guidelines for over-the-road buses (OTRB) made by the Architectural and Transportation Barriers Compliance Board and the Department of Transportation to include scoping and technical provisions for lifts, ramps, wheelchair securement devices, and moveable aisle armrests. Revisions to the specifications for doors and lighting are also adopted. The specifications describe the design features that an OTRB must have to be readily accessible to and usable by persons who use wheelchairs or other mobility aids. 587 of 631 City of Evanston ADA Transition Plan 31 Guidance Material for Transportation Manuals on ADA Accessibility Guidelines for Transportation Vehicles: This technical assistance document is one of a series provided to help in understanding the background and underlying rationale of the Americans with Disabilities Act Accessibility Guidelines for Transportation Vehicles (Vehicle Guidelines) and how the guidelines may apply in a particular case. The documents in this series include: Buses, vans, and systems; Over-the- road buses and systems; Automated guide way transit vehicles and systems; and trams, similar vehicles, and systems. Securement of Wheelchairs and Other Mobility Aids: As a public or private transit authority, the responsibility of safe, efficient service from public agencies who offer transportation services has been enlarged to affording ridership to people using a wide variety of mobility aids. In considering not only the many types of mobility aid devices, but also the variety and sizes of lifts, and the numerous makes of buses and vans, it can be easily seen that there is no single, definitive solution to accessibility on mass transit vehicles. This publication reports on the experience of two transit accessibility leaders who have taken the initiative to involve the ridership in needs assessment and have established policies, educated operators, and informed the public to achieve greater accessibility in their bus transit systems. Guidelines and Standards for Communication Standards for Electronic and Information Technology: The Access Board is issuing final accessibility standards for electronic and information technology covered by section 508 of the Rehabilitation Act Amendments of 1998. Section 508 requires the Access Board to publish standards setting forth a definition of electronic and information technology and the technical and functional performance criteria necessary for such technology to comply with section 508. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Guidance Material for Communication Bulletin on the Telecommunications Act Accessibility Guidelines: As technology continues to improve our means of telecommunication, it can pose challenges to accessibility on one hand, while on the other hold the key to innovative access solutions. Section 255 of the Telecommunications Act requires telecommunications products and services to be accessible to people with disabilities. This is required to the extent access is "readily achievable," meaning easily accomplishable, without much difficulty or expense. Telecommunications products covered include: wired and wireless telecommunication devices, such as telephones (including pay phones and cellular phones), pagers, and fax machines; other products that have a telecommunication service capability, such as computers with modems; and equipment that carriers use to provide services, such as a phone company‘s switching equipment. 588 of 631 City of Evanston ADA Transition Plan 32 Summary of Standards for Electronic and Information Technology: An Overview: This bulletin presents an overview of the new standards for electronic and information technology and section 508. Federal guidelines and standards are subject to periodic revision based on research findings and guidance from advisory committees. Resources for Providing Accessible Programs and Facilities ADA Document Portal: This website provides links to an ADA Collection consisting of more than 7,400 documents on a wide range of topics. The ADA Document Portal is supported by the ten ADA & IT Technical Assistance Centers, http://www.adaportal.org DisabilityInfo.Gov: A one-stop interagency portal for information on Federal programs, services, and resources for people with disabilities, their families, employers, service providers, and other community members. American Association of Museums: Accessible exhibit design publications are available for purchase from AAM‘s website, including Everyone‘s Welcome (available in a variety of formats), which addresses museum programs and the ADA, The Accessible Museum, which offers model programs of accessibility for older people and people with disabilities, and What Museum Guides Need to Know to provide access to blind and visually impaired visitors at http://www.aam-us.org Beneficial Design: Beneficial Designs works toward universal access through research, design, and education. Beneficial Designs develops assistive and adaptive technology, performs rehabilitation research, contract design, legal consultation, standards development, and serves as a rehabilitation information resource. Contact Beneficial Designs, Inc. at 2240 Meridian Blvd, Suite C, Minden, NV 89423-8628, (775) 783-8822, http://www.beneficialdesigns.com/ Smithsonian Institution: The Accessibility Program has developed the Smithsonian Guidelines for Accessible Exhibition Design (1996), which are available for downloading from their website: http://www.si.edu/opa/accessibility/exdesign/start.htm Further information is available from the Smithsonian Accessibility Program at the Arts and Industries Building, Room 1239 MRC 426, Washington, D.C. 20560, (202) 786-2942. National Center on Accessibility: The Center is a cooperative project between the National Park Service and Indiana University to provide information and technical assistance, primarily on recreation access. An example of the research activities of the NCA is the National Trails Surface Study. This study is primarily the result of questions that NCA has, for many years and continues to receive from organizations, agencies and individuals who desire to make their trails accessible; are interested in an unobtrusive surface that blends and is friendly to the environment; and provides a quality trail experience for people with and without disabilities. NCA also publishes What is an Accessible Trail?,‘ which summarizes the federal guidelines for outdoor developed areas and is available for downloading from its website. The NCA website also has information on campground accessibility, accessible picnic tables, access to beaches, and inclusion of people with disabilities in aquatic venues: http://www.ncaonline.org 589 of 631 City of Evanston ADA Transition Plan 33 National Center on Physical Activity and Disability: The Center provides information and resources on physical activity to help people with disabilities find ways to become more active and healthier. The Center also provides information on how to provide access to fitness centers, schools, recreation facilities, camps, and health and leisure services: http://www.ncpad.org Resources for Assistive Technologies (General) The National Institute on Disability and Rehabilitation Research of the U.S. Department of Education maintains a national web-based service which provides up-to-date links to assistive technologies and disability-related resources http://www.abledata.com/ Resources to produce standardized publications such as applications and registration forms in Braille, audiotape, large-print text, and accessible electronic media will be assembled. Information regarding Braille Services and other accommodations for people with visual disabilities is available by contacting: American Council of the Blind: ACB is a national organization advocating on behalf of persons who are blind or have low vision. ACB also publishes ―A Guide to Making Documents Accessible to People Who Are Blind or Visually Impaired, which is available online, in regular print, large print, Braille, or on cassette tape. ACB is located at 1155 15th St. NW, Suite 1004, Washington, DC 20005, (800) 424-8666 or by email at info@acb.org National Center on Accessibility: NCA publishes ―What are Alternative Formats? How Do They Apply to Programs and Services?which is available for downloading from their website: http://www.ncaonline.org National Center for Accessible Media: NCAM is a research and development facility dedicated to the issues of media and information technology for people with disabilities in their homes, schools, workplaces, and communities. Developers of Web- and CD-ROM- based multimedia need an authoring tool for making their materials accessible to persons with disabilities. NCAM has developed two such tools, version 1.0 and 2.01 of the Media Access Generator (MAGpie), for creating captions and audio descriptions for rich media. MMAGpie is available for downloading from NCAM‘s website: http://ncam.wgbh.org American Sign Language Interpreters and Assistive Listening Systems and Devices As part of the City‘s Reasonable Accommodation Policy, the City will provide interpreters or assistive listening devices upon request. The City will obtain access to optical readers or services that provide closed captioning for films or video tapes that are used for programs, and equipment that can translate printed information into an audio format. Every department has access to the Illinois Relay Service in order to communicate with individuals who are deaf, hard-of-hearing, or speech disabled. City departments routinely receive communications through the Illinois Relay Service, which is a free service provided by the State of Illinois. Transportation 590 of 631 City of Evanston ADA Transition Plan 34 Federal Transit Administration: FTA regulates and enforces requirements of the ADA covering transportation facilities and systems. FTA maintains a technical assistance line on ADA questions at (888) 446-4511 and on their website at http://www.fta.dot.gov Assistive Technology Equipment Resources A number of agencies and services are available to the community as resources for assistive technology equipment. They include: DisabilityInfo.gov Online Resources for High School: Guidelines for Accessing Alternative Format, inclusion materials, educational technology. http://www2.ed.gov/print/about/offices/list/ocr/transitionguide.html American Association of People with Disabilities: The American Association of People with Disabilities is the largest nonprofit, nonpartisan, cross-disability organization in the United States http://www.aapd-dc.org American Foundation for the Blind: The American Foundation for the Blind is committed to improving accessibility in all aspects of life—from cell phones to ATMs, on web sites and in workplaces. Services include assistance in making products and services accessible to people with visual impairments. AFB offers expert consulting services and accessible media production. AFB provides objective product evaluations of adaptive technologies through its assistive technology product database at http://www.afb.org Adaptive Environments: This educational non-profit organization is committed to advancing the role of design in expanding opportunity and enhancing experience for people of all ages and abilities. Adaptive Environments provides education and consultation to public and private entities about strategies, precedents, and best practices that go beyond legal requirements to design places, things, communication, and policy that integrate solutions to the reality of human diversity: http://www.adaptenv.org Disability Resources, Inc.: Disability Resources, Inc. is a national nonprofit organization that provides information about resources for independent living. DRI maintains an on-line directory of assistive technology resources http://www.disabilityresources.org National Association of the Deaf: NAD is a national consumer organization representing people who are deaf and hard of hearing. NAD provides information about standards for American Sign Language Interpreters and the Captioned Media Program on its website http://www.nad.org National Federation of the Blind: NFB is a national organization advocating on behalf of persons who are blind or have low vision. NFB provided on-line resources for technology for the blind, including a technology resource list, a computer resource list, screen access technology, sources of large print software for computers, and sources of closed circuit TV (CCTV‘s) http://www.nfb.org National Organization on Disability: The National Organization on Disability promotes the full and equal participation and contribution of America's 54 million men, women and 591 of 631 City of Evanston ADA Transition Plan 35 children with disabilities in all aspects of life. NOD maintains an on-line directory of information and links including transportation-related resources http://www.nod.org Paralyzed Veterans of America: PVA is a national advocacy organization representing veterans. PVA‘s Sports and Recreation Program promotes a range of activities for people with disabilities, with special emphasis on activities that enhance lifetime health and fitness. PVA‘s website, http://www.pva.org provides information on useful sports publications and a list of contacts. United Cerebral Palsy Association: UCP's mission is to advance the independence, productivity, and full citizenship of people with cerebral palsy and other disabilities, through their commitment to the principles of independence, inclusion, and self-determination. UCP‘s Sports and Leisure Channel is designed for people with disabilities who are interested in sports and other leisure activities and proposes creative ideas for inclusive community recreation programs, including outdoor adventure activities for people with disabilities. Information about the Sports and Leisure Channel is available on UCP‘s website http://www.ucp.org/ucp_channel.cfm/1/15 United Spinal Association: United Spinal Association is a membership organization serving individuals with spinal cord injuries or disease. Formerly known as the Eastern Paralyzed Veterans Association, the organization expanded its mission to serve people with spinal cord injuries or disease regardless of their age, gender, or veteran status. Information on accessibility training and consulting services and recreational opportunities for people with spinal cord injuries or disease is available on their website http://www.unitedspinal.org World Institute on Disability: WID is an international public policy center dedicated to carrying out research on disability issues and overcoming obstacles to independent living. WID maintains an on-line information and resource directory on technology, research, universal design, and the ADA http://www.wid.org/resources 592 of 631 Exhibit 1 - City of Evanston Facility SurveyDepartment of Parks, Recreation and Community ServicesItem No. Property Name Address Location Description of Issue Proposed Correction Estimated Cost Target Modification DateAckerman Park and Field HouseS of Central, E of McDanielFully compliant - no modifications requiredAlexander ParkW of Ridge, N of GroveFully compliant - no modifications requiredAnimal Shelter2310 Oakton StreetNo ADA parking space provided. Non compliant washrooms. Non-compliant kitchenette. Non-compliant isolation area. Non compliant door hardware.Restripe lot with ADA space. Renovate washrooms and kitchenette. Change hardware.45,000$ 2013Baker Park and Field HouseS of Keeney, E of ForestNon compliant play area (sand surfacing)Install compliant surfacing / modify sand areea20,000$ 2016Beck, Eugene ParkE of Canal, Lyons to EmersonFully compliant - no modifications requiredBent, Horace E. Park and Field HouseS of Central, E of CowperFully compliant - no modifications requiredBrummel-Richmond Tot LotN of Brummel, W of RichmondFully compliant - no modifications requiredBurnham Shores ParkLakefront, Dempster to HamiltonFully compliant - no modifications requiredButler, Isabella ParkE of Canal, Emerson to BridgeFully compliant - no modifications requiredCartwright, Charles ParkS of Grant, E of ProspectNo accessible route to play area. Non-compliant play surfacing. Non-compliant playground access.Install accessible route. Replace play surfacing. Construct compliant access.30,000$ 2015Centennial Park and Clark Street BeachLakefront, Church to University PlaceNon compliant paths. No accessible route to water.Install compliant pathways. Install temporary ramp system.150,000$ 2013-2014Chandler ParkN of Lincoln, W of CTAFully compliant - no modifications requiredChandler-Newberger Community Center 1028 Central StreetFully compliant - no modifications requiredChurch Street Parking GarageChurch Street and Chicago AvenueFully compliant - no modifications requiredClark SquareN of Kedzie, E of SheridanNon-compliant pathways.Install compliant pathways.50,000$ 2022Clark Street Beach House1811 Sheridan RoadFully compliant - no modifications requiredClyde-Brummel ParkN of Brummel at ClydeFully compliant - no modifications requiredCongregational ParkN of Lake, W of JudsonFully compliant - no modifications requiredCornelia Lunt ParkN of Church, E of JudsonNon-compliant pathways.Install compliant pathways.50,000$ 2022Crown, Robert ParkN of Main, E of DodgeFully compliant - no modifications requiredCurrey, J. Seymour ParkE of Hinman, N of DempsterFully compliant - no modifications requiredDawes ParkLakefront, Dempster to ChurchNon compliant paths.Install compliant pathways.150,000$ 2013Dempster Street Beach OfficeDempster Street and Lake Shore BoulevardNo ADA parking space provided. Non compliant door hardware.Restripe lot with ADA space. Change hardware.3,000$ 2022Dobson-Brummel ParkE of Ashland, between Dobson & Brummel Fully compliant - no modifications requiredEcology Center2024 McCormickFully compliant - no modifications requiredEggleston, Edward ParkN of McCormick, Bridge to HartreyFully compliant - no modifications requiredEiden, Charles B. ParkE of Sherman, W of CusterFully compliant - no modifications requiredEllingwood ParkN of Harrison, E of PioneerFully compliant - no modifications requiredElliott ParkLakefront, Hamilton to LeeFully compliant - no modifications requiredEvanston Arts Center2603 Sheridan RoadNo elevator or lift access to multistory building. Only entrance lobby, offices and restroom on floor 1 are accessible.No correction required due to infeasibility.Evanston Service Center2020 Asbury AvenueNo elevator or lift access to multistory building. First floor is not accessible (stair access only). Second floor only accessible by parking on employee parking deck. Non compliant door hardware. Non accessible restroom on floor 1. Construct elevator. Change hardware. Renovate restroom150,000$ 2015Fire Station 1 1332 Emerson StreetFully compliant - no modifications requiredFire Station 2702 Madison StreetNo elevator or lift access to multistory building. Construct elevator.75,000$ 2020Fire Station 31105 Central StreetFully compliant - no modifications requiredFire Station 41817 Washington StreetNon compliant door hardwareChange hardware.5,000$ 2016Fire Station 52830 Central StreetFully compliant - no modifications requiredExhibit 136593 of 631 Exhibit 1 - City of Evanston Facility SurveyDepartment of Parks, Recreation and Community ServicesItem No. Property Name Address Location Description of Issue Proposed Correction Estimated Cost Target Modification DateFireman's ParkS of Simpson, W of MapleNon-compliant play surfacing. Non compliant playground access.Replace play surfacing. Construct compliant access.25,000$ 2014Fitzsimons ParkN of Lee, E of ElmwoodFully compliant - no modifications requiredFleetwood-Jourdain Community Center1655 Foster StreetFully compliant - no modifications requiredFoster FieldN of Foster, W of AshlandNon compliant pavementsConstruct compliant pavements30,000$ 2014Fountain SquareDavis, Sherman and OrringtonFully compliant - no modifications requiredGarden ParkLakefront, N of Sheridan SquareNo accessible route to play area. Non-compliant play surfacing. Non-compliant playground access.Install accessible route. Replace play surfacing. Construct compliant access.40,000$ 2017Gilbert ParkN of Emerson at AshlandFully compliant - no modifications requiredGreenwood Street Beach HouseGreenwood Street and Sheridan RoadFully compliant - no modifications requiredGrey ParkN of Main, E of RidgeNo accessible route to play area. Non-compliant play surfacing. Non-compliant playground access.Install accessible route. Replace play surfacing. Construct compliant access.50,000$ 2016Grosse Point Lighthouse Park2535 Sheridan RoadNo accessible route from parking lot.See Lighthouse Landing Fog Houses below for correction.See below See belowHarbert, Elizabeth Boynton ParkE of canal, Main to DempsterFully compliant - no modifications requiredHarper GardensLake and ShermanFully compliant - no modifications requiredHinman Tot Lot641 Hinman AvenueFully compliant - no modifications requiredHobart, Marcus A. ParkE of Ridge, N of FosterNo accessible route to play area. Non-compliant play surfacing. Non-compliant playground access.Install accessible route. Replace play surfacing. Construct compliant access.30,000$ 2018Howard Street Police Outpost633 Howard StreetFully compliant - no modifications requiredHowell ParkN of Hartzell, E of WalnutFully compliant - no modifications requiredIndependence ParkN of Central, E of StewartNon compliant drinking fountainInstall compliant drinking fountain30,000$ 2018Ingraham, Samuel Gilbert ParkE of Asbury, Simpson to LeonardFully compliant - no modifications requiredJames, Robert E. ParkS of Oakton, W of DodgeNon compliant pavements.Install compliant pavements.50,000$ 2020James, Robert E. Park Field HouseS of Oakton, W of DodgeFully compliant - no modifications requiredKelly ParkS of Keeney, W of MichiganFully compliant - no modifications requiredLadd ArboretumSE of McCormick, Emerson to GrantNon compliant pavements.Install compliant pavements.500,000$ 2013-2015Lagoon Building1631 Sheridan RoadFully compliant - no modifications requiredLake-Dodge ParkS of Lake, E of DodgeFully compliant - no modifications requiredLarimer ParkN of Crain at OakNon compliant route to play area. Non-compliant playground accessInstall accessible route. Construct compliant access.10,000$ 2021Lawson, Lawrence O. Park, Noah's Playground, Deering ShelterE of Sheridan, N of ClintonFully compliant - no modifications requiredLeah Lomar ParkS of Mulford at WesleyFully compliant - no modifications requiredLeahy ParkS of Lincoln, W of RidgeFully compliant - no modifications requiredLee Street Beach House1111 Lake Shore Boulevard Fully compliant - no modifications requiredLevinson Tot LotS of Mulford at FlorenceFully compliant - no modifications requiredLevy Senior Center300 Dodge AvenueNon compliant exercise equipment layout Modify exercise equipment layout-$ 2012Lighthouse Landing / Beach2603 Sheridan RoadFully compliant - no modifications requiredLighthouse Landing Fog Houses2601 Sheridan RoadNo accessible route from parking lot. Non compliant washrooms. Non compliant door hardware. Non compliant kitchenette.Construct accessible pavement route from parking lot. Renovate washrooms. Change hardware. Renovate kitchenette.100,000$ 2022Lorraine H. Morton Civic Center2100 Ridge AvenueNon compliant door hardware. Non compliant washrooms on several floors. Non compliant exit on east façade. Non compliant signage.Change hardware. Renovate washrooms.Construct compliant exit. Replace signage.600,000$ 2013-2015Lovelace, Walter S. ParkW of Gross Point, S of IsabellaFully compliant - no modifications requiredMain Library1703 Orrington AveExterior door and washroom pull force is too high. Washroom grab bar non-compliant. Elevator call button non-compliant. Public telephone is non-compliantAdjust door closers. Replace grab bars. Replace elevator call button plates. Modify public telephone.5,000$ 2012Maple Avenue Garage1800 Maple AvenueFully compliant - no modifications requiredExhibit 137594 of 631 Exhibit 1 - City of Evanston Facility SurveyDepartment of Parks, Recreation and Community ServicesItem No. Property Name Address Location Description of Issue Proposed Correction Estimated Cost Target Modification DateMason ParkS of Church, W of FlorenceFully compliant - no modifications requiredMcCormick ParkHawthorne to Hartrey & Bridge to GrantNon compliant pavementsInstall compliant pavements.20,000$ 2022McCulloch, Catherine Waugh ParkS of Jenks, Broadway to EastwoodNo accessible route to play area. Non-compliant play surfacing. Non-compliant playground access.Install accessible route. Replace play surfacing. Construct compliant access.50,000$ 2019Megowan, Vera ParkN of South, W of HinmanFully compliant - no modifications requiredMerrick Rose GardenS of Lake, W of OakFully compliant - no modifications requiredMonroe Tot Lot1200 MonroeFully compliant - no modifications requiredMorris, Jennifer ParkWashington and CusterFully compliant - no modifications requiredNorth Branch Library2026 Central StreetNon compliant washrooms. Exterior door pull force is too high.Renovate washrooms. Adjust door closers35,000$ 2017Noyes Cultural Arts Center927 Noyes StreetFully compliant - no modifications requiredOldberg, Arne and Mary Sloan ParkElgin, Sherman and ClarkFully compliant - no modifications requiredPatriot's ParkN of Davis, W of ShermanFully compliant - no modifications requiredPenny ParkS of Lake, W of AshlandNon-compliant play equipmentReplace play equipment.200,000$ 2014Perry, Adam Park1741 Hovland CourtFully compliant - no modifications requiredPhilbrick ParkS of Gaffield, W of ShermanFully compliant - no modifications requiredPolice / Fire Headquarters1454 Elmwood AvenueFully compliant - no modifications requiredPorter, Harry Hibbert ParkN of Simpson, E of BennettFully compliant - no modifications requiredQuinlan ParkS of Lincoln at PioneerFully compliant - no modifications requiredRaymond ParkN of Lake, E of ChicagoFully compliant - no modifications requiredRecycling Center2222 Oakton StreetNon-compliant washrooms. Non compliant door hardware.No correction required as building is no longer staffed.Robert Crown Community Center and Ice Complex1701 Main StreetMain entry not accessible. Washrooms and team rooms non compliant. Bleachers non compliant. Counters non compliant. Door hardware non compliant. Plumbing fixtures non compliant. No correction required building is scheduled for replacement.Sargent, Celia ParkN of Reba, W of ElmwoodFully compliant - no modifications requiredSherman Avenue GarageDavis Street and Benson AvenueFully compliant - no modifications requiredSmith, Elnora ParkE of Ashland, W of LyonsFully compliant - no modifications requiredSnyder, Thomas E. ParkE of Judson, S of KedzieFully compliant - no modifications requiredSouth Boulevard BeachLakefront, Sheridan Square to City Limits Fully compliant - no modifications requiredSouth Boulevard Beach House525 Sheridan SquareFully compliant - no modifications requiredSouthwest ParkS of Seward, W of WesleyFully compliant - no modifications requiredSt. Paul Park (North)S of Lake, W of ShermanNon compliant pavementsConstruct compliant pavements10,000$ 2022St. Paul Park (South)S of Main, W of ChicagoNon compliant pavementsConstruct compliant pavements10,000$ 2022Stockham Place ParkN of Hamilton at MichiganFully compliant - no modifications requiredTallmadge, Thomas Eddy ParkE of Ridge, W of CTA Noyes to ColfaxFully compliant - no modifications requiredTorgerson, Frank S. ParkN of Jenks, E of PoplarFully compliant - no modifications requiredTrahan, Benjamin ParkE of Ridge, N of MonroeFully compliant - no modifications requiredTwiggs, William H. ParkS of canal, Bridge to DeweyFully compliant - no modifications requiredExhibit 138595 of 631 Exhibit 2 39 Exhibit 2 – Facility Survey Department of Public Works TO BE COMPLETED 596 of 631 For City Council meeting of September 24, 2012 Item O1 Business of the City by Motion: Façade Improvement for 607-609 Howard Street For Action To: Honorable Mayor and Members of the City Council From: Steve Griffin, Director, Community and Economic Development Johanna Nyden, Economic Development Coordinator James Furey, Economic Development Specialist Subject: Approval of Financial Assistance through the Façade Improvement Program for 607 Howard LLC (607-609 Howard Street) Date: September 13, 2012 Recommended Action: The Economic Development Committee and staff recommend approval of financial assistance for façade improvements for 607 Howard, LLC (Sam Prassinos), located at 607-609 Howard Street (PIN: 11-30-210-025-0000) on a 50/50 cost sharing basis in an amount not to exceed $12,500. At its August 22, 2012 meeting, the Economic Development Committee recommended funding of this project to City Council contingent on the applicant obtaining a bid from an Evanston-based contractor which the applicant has successfully obtained. In mid- September, Mr. Prassinos obtained a third bid from a contractor that is based in Evanston. This additional bid from Evanston-based contractor, Renaissance Realty & Construction, is attached to this memorandum. Funding Source: The funding is provided by the Howard/Ridge TIF District Fund’s Other Improvements Account (5860.65515). The approved Fiscal Year 2012 Budget allocated a total of $470,000 to this account, of which $1,066.07 has been obligated year to date. Summary: The façade improvement project proposed by Mr. Prassinos for the 607-609 Howard Street commercial property includes the removal of all existing façade, installation of new face brick veneer and limestone sill, parapet wall, and knee wall, installation of new steel window frames along the entire storefront, as well as a new door where not previously provided at one of the storefronts, and tuckpointing of the new brick. Where possible, Mr. Prassinos will seek to preserve terra cotta features of the building. All of these projects are eligible under the guidelines of the program. Memorandum 597 of 631 Page 2 of 2 According to the Cook County Treasurer’s office, the property owner is in good standing with their property taxes. Legislative History: At its August 22, 2012 meeting, the Economic Development Committee recommended funding of this project (6-1) to City Council contingent on the applicant obtaining a bid from an Evanston-based contractor which the applicant has successfully obtained. Attachments: Application Estimates Plat of Survey with Legal Description Before photos of property Image of Proposed Plans for Property 598 of 631 599 of 631 600 of 631 601 of 631 602 of 631 603 of 631 604 of 631 605 of 631 606 of 631 607 of 631 608 of 631 609 of 631 610 of 631 611 of 631 612 of 631 613 of 631 614 of 631 615 of 631 616 of 631 617 of 631 618 of 631 619 of 631 620 of 631 621 of 631 622 of 631 623 of 631 624 of 631 24 For City Council meeting of September 24, 2012 Item O2 Ordinance 61-O-12: Housing & Homelessness Commission For Introduction To: Honorable Mayor and Members of the City Council From: Steve Griffin, Director of Community and Economic Development Dennis Marino, Manager, Planning and Zoning Sarah Flax, Housing and Grants Administrator Mary Ellen Poole, Housing Planner Subject: Ordinance 61-O-12 Proposed Housing Commission Ordinance Amendments Date: September 18, 2012 Recommended Action The Housing Commission and staff recommend adoption of Ordinance 61-O-12, which amends Ordinance 61-0-11 that governs the Housing Commission to establish a Housing and Homelessness Commission. This implements the recommendations made by the Mayor’s Task Force on Homelessness presented to City Council and accepted on April 16, 2012. The Rules Committee approved and recommended City Council approval on September 5, 2012. Summary By recommendation of the Mayor’s Task Force on Homelessness, the creation of a new Housing and Homelessness Commission will allow for better management and coordination of resources related to housing and homelessness. The Commission will have 11 members, including one Alderman. The Commission’s meeting schedule will be the same as the current Housing Commission. A new work plan will be created and presented, replacing the current work plan of the Housing Commission. Section 1: 5-6-1: - Rationale The change in this section is the addition of “combating homelessness” to the mission statement. In addition, language has been added to broaden the responsibilities of the commission to include concerns relating to homeless individuals and families, or those at high risk of homelessness. Memorandum 625 of 631 Page 2 5-6-2: - Establishment of Board The change outlined in this section is the expansion in the total number of members to eleven (11). At least two (2) members of the Commission shall have experience dealing with homelessness issues. 5-6-3: - Organization The change to this section is to state that six (6) members shall constitute a quorum. 5-6-5: - POWERS AND DUTIES: This section was amended to add “homelessness” to housing in all relevant sections, as well as to clarify that recommendations relating to physical housing units/development will continue to be taken before the Planning and Development Committee while recommendations relating to program and services for the homeless or those at risk of homelessness will continue to be taken before the Human Services Committee. Section (J) clarifies that Emergency Solutions Grant (ESG) is a funding source for homeless programs and initiatives. Sections 2 & 3: The name of the commission responsible for recommending guidelines applying to the Affordable Housing Fund was changed to “Housing and Homelessness Commission.” responsible for guidelines applying to the Affordable Housing Fund. The Human Services Committee was designated as the appropriate City Council Committee to review recommendations relating to homelessness issues or initiatives. Section 3: The name of the commission responsible for defining affordable housing as it relates to the Inclusionary Housing Ordinance was changed to “Housing and Homelessness Commission.” Attachments: Ordinance 61-O-12, Housing and Homelessness Commission 626 of 631 6/14/2012 61-O-12 AN ORDINANCE Amending Portions of the City Code Relating to the Housing Commission, Hereafter Called the “Housing and Homelessness Commission” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Title 5, Chapter 6 of the Evanston City Code of 1979, as amended (“City Code”), is hereby amended to read as follows: CHAPTER 6 - EVANSTON HOUSING AND HOMELESSNESS COMMISSION 5-6-1: RATIONALE: It is hereby found and declared by the City Council that in order to protect and promote the public health, safety, and welfare of the citizens, it is necessary to provide for the planning, expansion, maintenance, conservation and rehabilitation of Evanston's housing stock and to be responsive to needs for change in housing related matters to the end of maintaining a diverse residential environment and to conserve property values within the community and to combat homelessness. It is further found that to achieve these goals, there should be an advisory commission so that citizens and housing/homelessness groups can bring housing and homelessness related concerns before a single group knowledgeable in the housing and homelessness interests of the citizens of Evanston. 5-6-2: ESTABLISHMENT OF BOARD: There is hereby created the Evanston Housing and Homelessness Commission ("Commission"), said Commission to consist of nine (9) eleven (11) members appointed by the Mayor with the advice and consent of the City Council. In making such appointments, the Mayor shall consider knowledge and familiarity with local housing and/or homelessness needs and problems, the different housing populations in Evanston, practical experience in Evanston and elsewhere in the area of housing and/or homelessness, and practical experience in dealing with the sources of assistance for housing and/or homelessness related matters. At least two (2) members of the Commission shall have experience dealing with homelessness issues. At least one (1) member of the Commission shall reside in a rental unit in Evanston. At least one (1) member of the Commission shall be a landlord who owns at least one (1) 627 of 631 61-O-12 ~2~ multifamily building in Evanston and resides in Evanston. One (1) member of the Commission shall be an Alderman. For purposes of this Section, "landlord" shall be defined as set forth in Subsection 5-3-2-(A) of this Title, as it may be amended. Members of the Commission shall be residents of the City and may serve for not more than two (2) full terms. Each term shall be three (3) years. 5-6-3: ORGANIZATION: The Commission shall select from its membership a Chair and Vice Chair on an annual basis. Such selection shall occur at the first meeting of the calendar year. Persons so selected shall serve for terms of one (1) year and may be reelected. The Commission shall adopt rules for the conduct of its meetings and keep written minutes. All meetings, minutes and other procedures shall be open to the public as required by the State of Illinois. The Commission shall meet at the call of the Chair and at such other times as may be provided by its rules. Five (5) Six (6) members shall constitute a quorum. No meetings shall be conducted and no actions shall be taken without a quorum present, except as provided in Section 4 of this Chapter. The Commission shall have the right to establish Subcommittees and provide for their operation. The members of the Commission shall serve without compensation. 5-6-4: SUBCOMMITTEES: The Commission may establish such Subcommittees as are necessary for the effective operation, to meet in accordance with the adopted rules and regulations. 5-6-5: POWERS AND DUTIES: In carrying out its responsibilities and in meeting the purposes of this Chapter, the Commission shall set priorities related to homeownership and rental housing issues. The Commission shall have the following specific powers and duties: (A) To be concerned with all housing and homelessness related matters in the City. (B) To monitor and recommend coordination of existing City programs and services concerning housing and homelessness, to recommend changes in these programs and to recommend new programs, as appropriate. (C) To comment, through the Planning and Development Committee, on housing related matters before the City Council. (D) To act as the City's liaison to County, State and Federal housing and homelessness programs. (E) To act as a resource to other communities or agencies in housing and homelessness matters. 628 of 631 61-O-12 ~3~ (F) To provide an assessment of Evanston's present needs and future plans in the housing area, particularly as it relates to type and cost. (G) To receive citizen input on housing and homelessness comments. (H) To make appropriate recommendations to advance the housing and homelessness policies of the City. (I) To receive information on City services in housing and homelessness and to make recommendations or suggestions for changes in direction. (J) To comment on all housing related expenditures of the Affordable Housing, ESG, and HOME funds, revenue sharing funds and all other special and general funds relating to housing and homelessness. (K) To comment, through the Human Services Committee, on homelessness-related matters before the City Council. 5-6-6: STAFF: The Commission shall, on a regular basis, advise the City Manager of its needs for staff assistance, and it shall be the responsibility of the City Manager to provide such assistance to the Commission in accordance with budget approval. 5-6-7: PERIODIC REVIEW OF ACCOMPLISHMENTS: The Commission shall prepare an action report and present said report to the City Council through the Planning and Development Committee at the time of the biennial review. These action reports shall contain: (A) Accomplishments of the Commission; (B) Future goals of the Commission including any change in functions or goals of the Commission; (C) Proposed programs of the Commission for the following twelve (12)-month period; (D) Staff needs. SECTION 2: The definition of “Affordable Housing Fund,” set forth in Section 4-22-2 of the City Code, is hereby amended to read as follows: The fund established by City Council which can only receive and expend monies dedicated to the creation, preservation, maintenance, and improvement of affordable housing for households whose income is one hundred percent (100%) or less of area median income, with no less than 629 of 631 61-O-12 ~4~ sixty percent (60%) of all monies reserved for households that earn less than eighty percent (80%) of area median income. The City Manager or his/her designee may implement programs including, but not limited to: down payment and/or rental assistance; building rehabilitation and/or construction loans; property acquisition and disposition; and grants to nonprofit organizations that serve households that earn less than one hundred percent (100%) of area median income. Said programs shall be administered in accord with guidelines generated by the Evanston Housing and Homelessness Commission, reviewed by the Planning and Development Committee and/or Human Services Committee of the City Council, and approved by the City Council. SECTION 3: Subsection 6-15-13-11-(A)-5 of the City Code is hereby amended to read as follows: Inclusion of fifteen percent (15%) affordable housing units of residential total (affordable housing to be defined from time to time by the Evanston Housing and Homelessness Commission). SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 7: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 630 of 631 61-O-12 ~5~ Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 631 of 631