HomeMy WebLinkAbout02.27.12
CITY COUNCIL REGULAR MEETING
CITY OF EVANSTON, ILLINOIS
LORRAINE H. MORTON CIVIC CENTER
COUNCIL CHAMBERS
Monday, February 27, 2012
Administration & Public Works (A&PW) Committee meets at 5:45 p.m.
Planning & Development (P&D) Committee meets at 7:15 p.m.
City Council meeting convenes immediately after the conclusion of
the P&D Committee meeting
ORDER OF BUSINESS
(I) Roll Call – Begin with Alderman Braithwaite
(II) Mayor Public Announcements
(III) City Manager Public Announcements
(IV) Communications: City Clerk
(V) Citizen Comment
Members of the public are welcome to speak at City Council meetings. As part of the Council
agenda, a period for citizen comments shall be offered at the commencement of each regular
Council meeting. Those wishing to speak should sign their name, address and the agenda item
or topic to be addressed on a designated participation sheet. If there are five or fewer speakers,
fifteen minutes shall be provided for Citizen Comment. If there are more than five speakers, a
period of forty-five minutes shall be provided for all comment, and no individual shall speak longer
than three minutes. The Mayor will allocate time among the speakers to ensure that Citizen
Comment does not exceed forty-five minutes. The business of the City Council shall commence
forty-five minutes after the beginning of Citizen Comment. Aldermen do not respond during
Citizen Comment. Citizen Comment is intended to foster dialogue in a respectful and civil
manner. Citizen comments are requested to be made with these guidelines in mind.
(VI) Consent Agenda: Alderman Rainey
(VII) Report of the Standing Committees
Administration & Public Works - Alderman Burrus
Planning & Development - Alderman Holmes
Human Services - Alderman Grover
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City Council Agenda February 27, 2012 Page 2 of 8
2/23/2012 12:30 PM
(VIII) Call of the Wards
(Aldermen shall be called upon by the Mayor to announce or provide information
about any Ward or City matter which an Alderman desires to bring before the
Council.) {Council Rule 2.1(10)}
(IX) Executive Session
(X) Adjournment
CONSENT AGENDA
(M1) Approval of Minutes of the Regular City Council Meeting of February 13, 2012
ADMINISTRATION & PUBLIC WORKS COMMITTEE
(A1) City of Evanston Payroll through 02/12/12 $2,516,434.32
(A2) City of Evanston Bills FY2012 through 02/28/12 $1,218,581.97
(A3.1) Approval of Contract Award for Professional Evaluation and Design
Services to McGuire Igleski & Associates, Inc. for the Roof Replacement at
Police/Fire Headquarters (RFP 12-103)
Staff recommends that City Council authorize the City Manager to execute a
contract for roofing evaluation and design services with McGuire Igleski &
Associates, Inc. (1330 Sherman Avenue, Evanston, IL) for the Roof Replacement
Project at the Police/Fire Headquarters at a total cost of $21,531.60. Funding will
be provided by FY2012 CIP Account 415739 with a budget allocation of
$400,000.
For Action
(A3.2) Approval of a Contract Extension to G&L Contractors, Inc. for 2012
Granular Materials (Bid 11-57)
Staff recommends that City Council authorize the City Manager to execute a
1-year extension to the contract for the purchase of Granular Materials (Bid 11-
57) with G&L Contractors, Inc. (7401 N. St. Louis Avenue, Skokie, IL) in the
amount of $35,850, a 0% increase in cost from the previous year. Funding will be
provided from the Water Fund (7115.65055) and the Sewer Fund (7400.65055)
with total budget allocations of $48,000.
For Action
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City Council Agenda February 27, 2012 Page 3 of 8
2/23/2012 12:30 PM
(A3.3) Approval of a Contract Award to G.A. Johnson & Son for 2012 High Lift
Pump Station Window Replacement (Bid 12-19)
Staff recommends that City Council authorize the City Manager to execute a
contract for the 2012 High Lift Pump Station Window Replacement (Bid 12-19)
with G.A. Johnson & Son (828 Foster Street, Evanston, IL) in the amount of
$56,000. Funding will be provided by the Water Fund (733119.65515), which has
a budget of $110,000 for this project.
For Action
(A3.4) Approval of Contract Award to Stanley Consultants Ltd., for Construction
Engineering Services for the Sheridan Road Signal Modernization Project
(Chicago to Central) (RFQ 10-91)
Staff recommends that the City Council authorize the City Manager to execute a
contract with Stanley Consultants Ltd., (8501 West Higgins Road, Suite 730,
Chicago, IL 60631), in the amount of $90,933 to provide phase III construction
engineering services for the signal modernization project on Sheridan Road from
Chicago Avenue to Central Street. Funding for this project will be from the
Capital Improvement Fund (415871) in the amount of $90,933.
For Action
(A3.5) Approval of One (1) Combination Backhoe Loader Purchase for Utilities
Department
Staff recommends City Council approval to purchase one (1) John Deere
Combination Backhoe Loader replacement for the Utilities Department in the
amount of $76,957 from Westside Tractor Sales (1560 N. Old Rand Road,
Wauconda, IL). Funding will be from the water fund vehicle replacement
accounts: $8,800 (7100.62309); $53,979 (7115.62309); $9,496 (7120.62309);
and $4,682 from the account for maintaining services (7115.62230).
For Action
(A3.6) Approval of the Purchase of Two (2) Heavy Duty Work Trucks for the
Utilities Department
Staff recommends City Council approval to purchase two (2) replacement heavy
duty work trucks for the Utilities Department in the total amount of $184,367.08
from Currie Motors (9423 W. Lincoln Hwy., Frankfort, IL) and from Prairie
Archway International, Municipal Fleet Sales (401 S. Dirksen Parkway,
Springfield, IL). Funding will be from the sewer fund vehicle replacement account
(7400.62309) which has an FY 2012 budget allocation of $127,650. In addition,
$57,000 will be transferred to this account from the sewer fund maintenance
contract account (7400.62461).
For Action
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City Council Agenda February 27, 2012 Page 4 of 8
2/23/2012 12:30 PM
(A3.7) Approval of Single Source/Emergency Contract Award to Wiss Janney
Elstner Associates for Sherman Plaza Garage Façade Inspection
Staff recommends that City Council authorize the City Manager to execute a
contract with Wiss Janney Elstner Associates (WJE), the current consultant
engineers for the 2011 Comprehensive Parking Garage Repair Project, for a
close up visual inspection and hammer sounding of the entire façade of the
Sherman Plaza Garage. Contract includes issuance of a report describing the
findings and recommendations for future engineering and repair for a not to
exceed amount of $60,400. Funding will be provided by the FY2012 Parking
Garage CIP Account (416138) with a budget of $800,000.
For Action
(A3.8) Approval of Auditing Services Contract with Baker Tilly Virchow Krause
LLP
Staff recommends that City Council authorize the City Manager to execute a
four-year contract for auditing services to Baker Tilly Virchow Krause, LLP (1301
W. 22nd Street, Oak Brook, IL) in the amount of $324,550 with a first year cost of
$78,800.
For Action
(A4) Acceptance of Year-End Financial Report for Fiscal Year 2011
Staff recommends that City Council accept and place the Year-End FY 2011
Financial Report on file.
For Action
(A5) Approval of Modifications to the 2012 Capital Improvement Program Street
Resurfacing and Streetscape Projects
Staff recommends City Council approval of the revised list of projects funded by
the 2012 Capital Improvement Program in the amount of $3,361,000. Staff is
recommending changes to the 2012 CIP program as a result of the re-evaluation
of the streetscape program.
For Action
(A6) Resolution 20-R-12 Authorizing Comcast License Extension
Staff recommends that the City Council consider Resolution 20-R-12 which
authorizes extension of license to Comcast for facilities in James Park. Staff is
still in discussions with Comcast on the license and will provide a
recommendation on the Resolution at the meeting.
For Action
(A7) Resolution 15-R-12 Authorizing the City Manager to Negotiate and Execute
Residential Lease for 631 Howard Street, Unit 2
Staff recommends that City Council approve Resolution 15-R-12 authorizing the
City Manager to negotiate and execute a residential lease with Anne Carlson and
Cody Modeer for an apartment located at 629-631 Howard Street.
For Action
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City Council Agenda February 27, 2012 Page 5 of 8
2/23/2012 12:30 PM
(A8) Resolution 17-R-12 Authorizing the City Manager to Negotiate a Community
Development Block Grant (CDBG) Loan Agreement with Ward Eight, LLC.
at 629 Howard Street
Staff recommends approval of Resolution 17-R-12 authorizing the City Manager
to negotiate a CDBG Loan Agreement with Ward Eight, LLC. This resolution
authorizes the City Manager to underwrite, negotiate, and execute a project
agreement for a loan of $130,000 to Ward Eight, LLC, a new wine bar/cocktail
lounge at 629 Howard Street. Funding will be provided by Community
Development Block Grant-Recovery Funds.
For Action
(A9) Resolution 18-R-12 Authorizing the City Manager to Negotiate a Tax
Increment Financing (TIF) Construction Grant Agreement with Ward Eight,
LLC for Property Located at 629 Howard Street
Staff recommends approval of Resolution 18-R-12, authorizing the City Manager
to negotiate a TIF Construction Grant Agreement between the City and Ward
Eight, LLC for tenant improvements at the City-owned property located at 629
Howard Street for an amount not to exceed $100,000. Funding will be provided
by the Howard Ridge Tax Increment Financing District.
For Action
(A10) Ordinance 26-O-12 Authorizing the City Manager to Negotiate and Execute
a Commercial Lease with Option to Purchase for Property at 629-631
Howard Street
Staff recommends approval of Ordinance 26-O-12, authorizing the City Manager
to negotiate and execute a Commercial Lease with an Option to Purchase for
City-owned property located at 629-631 Howard Street. The proposed lease-to-
own agreement is with Ward Eight, LLC, a wine bar/cocktail lounge.
For Introduction
(A11) Ordinance 11-O-12 Amending Title 7, Chapter 15, “Board of Local
Improvements” by Enacting a New Section for Alley Paving Improvements
Staff recommends the adoption of the proposed ordinance 11-O-12 by which the
City Council would amend Title 7, Chapter 15 of the City Code to enact a new
section for alley paving improvements.
For Introduction
(A12) Ordinance 14-O-12 Decreasing the Number of Class D Liquor Licenses
Due to Closure of Donatella Mediterranean Bistro
Staff recommends adoption of Ordinance 14-O-12 decreasing the number of
Class D liquor licenses from 24 to 23 due to the closure of Donatella
Mediterranean Bistro, 1512 Sherman Avenue.
For Introduction
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City Council Agenda February 27, 2012 Page 6 of 8
2/23/2012 12:30 PM
(A13) Ordinance 15-O-12 Increasing the Number of Class D Liquor Licenses to
Permit Issuance to Creperie Saint Germain, Inc.
The Local Liquor Commissioner recommends adoption of Ordinance 15-O-12
increasing the number of Class D liquor licenses from 23 to 24 to permit
issuance to Creperie Saint Germain, 1512 Sherman Avenue.
For Introduction
(A14) Ordinance 16-O-12 Increasing the Number of Class D Liquor Licenses to
Permit Issuance to Todoroki, LLC.
The Local Liquor Commissioner recommends adoption of Ordinance 16-O-12
increasing the number of Class D liquor licenses from 24 to 25 to permit
issuance to Todoroki, 524-526 Davis St., First Floor
For Introduction
(A15) Ordinance 18-O-12 Decreasing the Number of Class B Liquor Licenses
Due to Closure of Merle’s Smokehouse
Staff recommends adoption of Ordinance 18-O-12 decreasing the number of
Class B liquor licenses from 17 to 16 due to the closure of Merle’s Smokehouse,
1727 Benson Avenue.
For Introduction
(A16) Ordinance 23-O-12 Increasing the Number of Class B Liquor Licenses to
Permit Issuance to Evanston Pub, Inc.
The Local Liquor Commissioner recommends adoption of Ordinance 23-O-12
increasing the number of Class B liquor licenses from 16 to 17 to permit
issuance to Evanston Pub, Inc., d/b/a World of Beer, 1601 Sherman Avenue.
For Introduction
(A17) Ordinance 20-O-12 Amending Title 10, Motor Vehicles and Traffic, Chapter
11, to Exempt Residents of Parking District A from the Two-Hour Parking
Restriction on Benson Avenue, East Side, University Place to Emerson
Street
The Transportation/Parking Committee and staff recommend adoption of
Ordinance 20-O-12 amending City Code Section 10-11-10, Schedule X-(F)-6;
“Residential Exemption Parking District A” to exempt residents of Residential
Parking District ‘A’, from the Two-Hour parking restriction on Benson Avenue,
East Side, University Place to Emerson Street.
For Introduction
(A18) Ordinance 21-O-12 Amending the City Code to Allow Two-Way Traffic on
Eastwood Avenue from Central Street to the First Alley to the South
Staff recommends the adoption of the proposed ordinance 21-O-12 by which the
City Council would amend Section 10-11-4 (A), Schedule IV (A) of the City Code
to allow two-way traffic on Eastwood Avenue from Central Street to the first alley
to the south. The traffic control signs will be funded by the 1700-1772 Central
Street development. Request suspension of the Rules for Introduction and Action
at City Council meeting on February 27, 2012.
For Introduction and Action
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City Council Agenda February 27, 2012 Page 7 of 8
2/23/2012 12:30 PM
(A19) Ordinance 22-O-12 Amending the City Code to Prohibit Parking on the West
Side of Eastwood Avenue from Central Street to the First Alley to the South
Staff recommends the adoption of the proposed ordinance 22-O-12 by which the
City Council would amend Section 10-11-8 (A), Schedule VIII (A) of the City
Code to prohibit parking at all times on the west side of Eastwood Avenue from
Central Street to the first alley to the south. The installation of No Parking signs
will be funded by the 1700-1772 Central Street development. Request
suspension of the Rules for Introduction and Action at City Council meeting on
February 27, 2012.
For Introduction and Action
(A20) Ordinance 13-O-12 Amending Class P Liquor License
Local Liquor Commissioner recommends City Council adoption of Ordinance 13-
O-12, which increases the quantity of alcohol a craft distiller is authorized to
manufacture and store to 15,000 gallons per year. The increase is in accordance
with Illinois state law which was amended effective August 19, 2011. This
ordinance was introduced at the February 13, 2012 City Council meeting.
For Action
PLANNING & DEVELOPMENT COMMITTEE
(P1) Resolution 14-R-12 Approving a Plat of Consolidation for Four Lots Located
at 1700-22 Central Street
Staff recommends approval of Resolution 14-R-12, the proposed Plat of
Consolidation of 1700-22 Central Street, which is consistent with the amended
Planned Development for 1700-22 Central Street adopted in September 2012.
For Action
(P2) Ordinance 5-O-12 Granting a Special Use for a Type 2 Restaurant at
914 ½ Noyes Street
The Zoning Board of Appeals and City staff recommend the adoption of
Ordinance 5-O-12 granting a special use permit for the operation of a Type 2
Restaurant (Ice & a Slice) at 914 ½ Noyes Street. A minor amendment
addressing truck deliveries is also recommended for approval. This ordinance
was introduced at the February 13, 2012 City Council meeting.
For Action
(P3) Ordinance 19-O-12 Granting a Special Use for a Child Daycare Center at
829 Foster Street
The Zoning Board of Appeals and City staff recommend the adoption of
Ordinance 19-O-12 granting a special use permit for the operation of a child
daycare center by Unity Nursery School at 829 Foster Street. This ordinance was
introduced at the February 13, 2012 City Council meeting.
For Action
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City Council Agenda February 27, 2012 Page 8 of 8
2/23/2012 12:30 PM
HUMAN SERVICES COMMITTEE
(H1) Approval of Health Department Annual Farmers Market Fees
Staff recommends that the City of Evanston adopt a Risk-Based Annual fee for
Farmers Markets. The fees will address food vendors operating at several
Farmers Markets throughout the year. These fees were considered at the
February 6, 2012 Human Services Committee meeting.
For Action
RULES COMMITTEE
(O1) Ordinance 12-O-12 Amending the Evanston City Code to Make Certain
Changes to the City of Evanston Public Library Board’s Authority and
Budget
It is recommended that the City Council consider Ordinance 12-O-12 amending
the Evanston City Code to make certain changes to the Evanston Public Library
Board’s authority and budget. In addition, it is recommended that the City Council
create a joint committee with the Library Board to develop recommendations for
changes in further administrative operations of the Library and request the Mayor
to appoint two aldermen to the committee. This ordinance was introduced at the
February 13, 2012 City Council meeting.
For Action
MEETINGS SCHEDULED THROUGH MARCH 2012
Upcoming Aldermanic Committee Meetings:
Monday, March 5 6 pm Rules Committee
Monday, March 5 7:30 pm Human Services Committee
Thursday, March 8 7 pm Community Meeting: March 20 Ballot Initiatives
Tuesday, March 13 7:30 pm Housing & Community Dev Act Committee
Wednesday, March 14 6 pm M/W/EBE Advisory Committee
Wednesday, March 14 7 pm Northwestern University-City Committee
Monday, March 19 5:45 pm Administration & Public Works Committee
Monday, March 19 7 pm City Council: Meeting
Monday, March 26 5:45 pm Administration & Public Works Committee
Monday, March 26 7:15 pm Planning and Development/City Council
Wednesday, March 28 6 pm Transportation/Parking Committee
Wednesday, March 28 7:30 pm Economic Development Committee
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.
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CITY COUNCIL REGULAR MEETING
CITY OF EVANSTON, ILLINOIS
LORRAINE H. MORTON CIVIC CENTER
COUNCIL CHAMBERS.
Monday, February 13, 2012
Roll Call: Alderman Fiske Alderman Holmes
Alderman Braithwaite Alderman Tendam
Alderman Wynne Alderman Grover
Alderman Wilson Alderman Burrus
Absent: Alderman Rainey
Presiding: Mayor Elizabeth B. Tisdahl
The Regular meeting of the City Council was called to order by Mayor Tisdahl at 7:26
p.m. following the Roll Call.
Mayor Public Announcements and Proclamations
The Mayor announced the gift of a sculptured eagle in the main lobby that was donated
by Marjorie and Charles Benton and the sculpture was created by an Armenian Artist
who lived from 1909-1992. The Benton’s also donated four prints of Native American
textiles. Dental Health Month Proclamation to be the month of February 2012 recognizing
National Children’s health care.
City Manager Public Announcements and Presentations
Ms. Suzette Robinson, Director of Public Works announced recognition from the
Suburban Branch of the Chicago Metro Chapter of the American Public Works
Association Awards (APWAA) in two categories. The first was the award of merit
presented to an operational employee Robert Pompey, who received a plaque from the
APWAA. The second was for Environmental Excellence in thinking green.
Communications: City Clerk
The Clerk announced the meeting that will be held at the Unitarian Church located on
1330 Ridge Ave, this Wednesday 22, 2012 beginning at 7:00 pm. This will be a panel
discussion on “Relevant or Redundant- Illinois Townships”. He also announced a Special
Township meeting that will be held on Wednesday 22, 2012 at 6:00 pm in the Council
Chamber.
Citizen Comment
Mike Vasilko, 2728 Reese Ave. spoke of his concerns for item O4. He stated that
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Evanston has no return on the funds given to the TIC’s and the recipients have no
accountability or obligation to stay in Evanston. He also wondered who retains the
property of the proposed miniature golf course at Chandler-Newberger?
Junad Rizki, 2784 Sheridan questioned the reason for sending five Aldermen to
Washington, DC. With the sending of $10,000.00 of tax-payers money and what will they
learn from the trip? He hopes the Aldermen will learn fiscal responsibility, real world
analytical skills and common sense.
Kevin O’Connor, 1227 ½ Isabella shared his concerns for item O3 and how the TIF
monies have been used. He stated the TIF funds are supposed to be used for blighted
neighborhoods. He stated from his observations we are spending money we do not have
over and over again.
Priscilla Giles, 1829 Ashland spoke of her concerns of the lack of a turn-about at the
Fleetwood/Jourdain Center, and how it is very difficult for the seniors and those with
handicaps to enter the building. The turn-around was there before the renovations of the
building were started but was not restructured after the renovations were completed. She
urges the Council to crate a turn-around for the building.
Joshua Bravn, stated two weeks ago he was nominated to be on the Mayor’s Landlord
Licensing Committee and then informed he was removed from the committee and was
wondering why his name was removed, and he asked Council to reconsider his
nomination and place him on the board. He also said he had a lot of experience,
knowledge that he is willing to share with the committee.
Dan Schermerhorn, spoke on the Landlord Licensing Committee and the P&D
Committee notice many shortcomings in the licensing Ordinance and recommended to
form the LLC to include landlords, tenants, residents, and University Officials. He asked
the Council to reconsider the nomination of Joshua Bravn to be a member of the
committee.
Betty Ester, 2031 Church Street spoke first of she being looked over and allowing two
Caucasian men to speak before her. The Mayor apologized for reading the list
incorrectly. Ms. Ester accepted the apology, but it’s an oversight that happens too many
times.
Padma Rao, 2246 Sherman spoke concerning the decision of the Council to destroy
trees on the Kendall property and the Council’s loyalty to the first ward Alderman over the
loyalty to the tax payers and that being a conflict of interest. She also mentioned the
conflict of interest of the City’s Lawyer in attempting to represent the Township and City
when he should recluse himself from representing the Township in any and all actions.
She also mentioned the muting of the microphone during her comments on two
occasions.
B.K. Rao, 2246 Sherman spoke of the Kendall property but before stated her name was
not called from the list as the ones before her and she stated she maybe small but not
invisible. The Mayor apologized and asked if she wanted to read her name and B.K. Rao
answered go ahead and so the Mayor read her name out loud. B.K. Rao mentioned the
constant attacks on her and her daughter as infringing on their first amendment rights,
and the 8th ward Alderman should be stopped interfering when tax payers are making
comments.
Andrew Roberts, 1009 Wesley Ave. he asked for his name as a landlord to be included
as a participant on the committee due to his ties with several of the communities that will
be affected by this committee. He has lived and worked in Evanston for 14 years and the
little landlords are not represented on this committee and should include all entities.
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Items not approved on Consent Agenda:
(O4)Resolution 9-R-12 Authorizing the City Manager to Execute the Second
Modification to the Funding Agreement with the Technology Innovation Center
Staff and the Economic Development Committee recommend consideration of
Resolution 9-12-R authorizing the City Manager to execute the Second Modification to
the Funding agreement with the Technology Innovation Center (TIC). This agreement
provides $25,000 to support TIC operations for the first quarter of FY 2012 from the
Economic Development Fund’s Economic Development Partnership Contribution
Account (5300.62659) with a FY2012 budget of $280,000.
For Action
(APP1)For Appointment to:
Mayor’s Youth Task Force Zollie Webb
M/W/EBE Development Committee James Davis
Liquor Control Review Board Dave Skrodzki
Landlord Licensing Committee Patricia McPherson
Landlord Licensing Committee James Schermerhorn
Landlord Licensing Committee Niabi Schmaltz
CONSENT AGENDA
(M1) Approval of Minutes of the Regular City Council Meeting of January 23, 2012
(M2) Approval of Amended Minutes of the Special City Council Meeting of November
29, 2011
(M3) Approval of Amended Minutes of the Regular City Council Meeting of November
14, 2011
ADMINISTRATION & PUBLIC WORKS COMMITTEE
(A1)City of Evanston Payroll through 01/15/12 $3,009,145.87
City of Evanston Payroll through 01/29/12 $2,572,422.23
(A2)City of Evanston Bills FY2011 through 2/14/12 $1,639,598.99
City of Evanston Bills FY2012 through 2/14/12 $2,617,614.33
Credit Card Activity through December 31, 2011 $ 92,272.27
(A3.1)Approval of Single Source Purchase of Library Automation Services from
Cooperative Computer Services
Staff recommends approval of the single source purchase of library automation services
from Cooperative Computer Services (3355J N. Arlington Heights Rd., Arlington
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Heights, IL) in the amount of $83,400. The 0.9% increase over last year is the same for
all 23 libraries in the consortium. Funding will be provided by the Library Fund’s
Technical Services Internet Solution Provider account (4835.62341).
For Action
(A3.2)Approval of Renewal of the Main Library Building Automation System
Maintenance Agreement with Siemens Building Technologies
Staff recommends a one-year extension of the service and maintenance agreement
with Siemens Building Technologies (585 Slawin Court, Mount Prospect, IL) for the
building automation system (BAS) at the Main Library at a cost of $27,220. This is the
second year of a three year agreement approved by the City Council on October 25,
2010, which covers the period January 1, 2012 through December 31, 2012 and
includes a 3% increase over 2011. Funding is provided by the Library Fund Building
Maintenance account 4840.62225.
For Action
(A3.3) Approval of Contract Extension to Havey Communications for Emergency
Lighting & Aftermarket Equipment (RFP 10-76)
Staff recommends City Council approval of a one year contract extension for
Installation, Removal, and Repair of Law Enforcement and Emergency Fire Response
Vehicles and Equipment (RFP 10-76) to Havey Communications (P.O. Box 448, Lake
Forest, IL) in the amount of $55,000. Funding will be provided by account 7710.65060,
which has a budget of $950,000. These expenditures represent 5.7% of this budget.
For Action
(A3.4)Approval of Contract Extension to Wirfs Industries for Annual Inspection
and Repairs of Heavy Fire Apparatus for One Year (RFP 10-78)
Staff recommends City Council approval of a one year contract extension to Wirfs
Industries (4201 West Main Street, McHenry, IL) in the amount of $95,000 to provide
required annual inspections and repairs for heavy fire apparatus vehicles (RFP 10-78).
Funding will be provided by account 7710.65060, which has a budget of $950,000.
These expenditures represent 10% of this budget.
For Action
(A3.5)Approval of Solid Waste Agency of Cook County (SWANCC) Disposal Fees
for FY 2012
Staff recommends approval of the 2012 refuse disposal fees to SWANCC (Solid Waste
Agency of Northern Cook County) not to exceed the amounts of $83,300 for capital
costs, $1,000,000 for operations and maintenance and $40,000 in recycling transfer
fees. Funding will be provided by the Solid Waste Fund Accounts, 7685.68310 (capital
costs), 7685.62405 (operations and maintenance costs), and 7690.62415 (recycling
costs).
For Action
(A4)Approval of Change Order #3 for the 2011 Comprehensive Parking Garage
Repair Project (Bid 12-17)
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Staff recommends approval of change order #3 to Bulley & Andrews LLC (B&A) (1755
W. Armitage Avenue, Chicago, IL) in the net amount of $84,240 for the 2011
Comprehensive Parking Garage Repair Project. This change order will increase B&A’s
current contract amount from $2,569,353.20 to $2,653,593.20. Funding will be provided
by the FY 2012 Capital Improvement Plan Fund for Parking Garage projects (CIP
#416138), which has a budget of $800,000.
For Action
(A5)Resolution 3-R-12 Authorizing the Use of Motor Fuel Tax Funds for Roadway
Construction and Related Engineering Services
The Department of Public Works recommends City Council approval of Resolution 3-R-
12 authorizing the use of Motor Fuel Tax Funds (MFT) in the amount of $1,400,000 for
the 2012 MFT Street Resurfacing Project and $132,727 for design and construction
engineering services by City Staff. Funding will be provided by the Motor Fuel Tax
Fund (FUND # 200).
For Action
(A6)Ordinance 13-O-12 Amending Class P Liquor License
Local Liquor Commissioner recommends City Council adoption of Ordinance 13-O-12,
which increases the quantity of alcohol a craft distiller is authorized to manufacture and
store to 15,000 gallons per year. The increase is in accordance with Illinois state law
which was amended effective August 19, 2011.
For Introduction
(A7)Ordinance 1-O-12 Amending the City Code to Establish a Three-Way Stop at
Church Street and Judson Avenue
Staff recommends the adoption of proposed ordinance 1-O-12 by which the City Council
would amend Section 10-11-5 (C), Schedule V (C) of the City Code to establish a
Three-Way Stop at Church Street and Judson Avenue. This ordinance was introduced
at the January 23, 2012 City Council meeting.
For Action
PLANNING & DEVELOPMENT COMMITTEE
(P1)Ordinance 5-O-12 Granting a Special Use for a Type 2 Restaurant at
914 ½ Noyes Street
The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 5-O-
12 granting a special use permit for the operation of a Type 2 Restaurant at 914 ½
Noyes Street. Applicant Dennis Doyle proposes to lease half of the current location
housing Rollin’ In Dough catering service, and open a carry-out and delivery pizza and
Italian ice restaurant, Ice & A Slice.
For Introduction
(P2)Ordinance 19-O-12 Granting a Special Use for a Child Daycare Center at 829
Foster Street
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The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 19-
O-12 granting a special use permit for the operation of a child daycare center by Unity
Nursery School at 829 Foster Street.
For Introduction
HUMAN SERVICES COMMITTEE
(H1)Approval of Township of Evanston January 2012 Bills
Township Supervisor recommends approval of Township of Evanston expenditures for
the month of January 2012 totaling $94,845.31.
For Action
(H2)Updates on Uses of the Noyes Cultural Arts Center, Harley Clarke Mansion
and Authorization for Next Steps
It is recommended that the City Council receive the City Manager’s report and authorize
the City Manager to: 1) negotiate a Memorandum of Understanding with Piven Theater
Workshop leading to long term lease for a portion of the Noyes Cultural Arts Center and
proposed agreement pertaining to other issues for Piven’s occupancy at the Center; 2)
continue working with a new Noyes Center Tenants Association on operational and
space issues at the Center and potential amendments to 2012 leases as appropriate
and new lease conditions
for future years for City Council consideration; 3) continue working with the Evanston
Arts Center on a new location to relocate its programs and operations within Evanston;
4) obtain a property appraisal of the Harley Clarke Mansion, 2603 Sheridan Road, with
proposed subdivision of the property to allow for public access to the lakefront and other
public uses in the area; and 5) return to the City Council no later than April 30, 2012
with a proposed plan for the solicitation of proposals for other uses of the Mansion
beginning in 2013.
For Action
RULES COMMITTEE
(O1)Ordinance 12-O-12 Amending the Evanston City Code to Make Certain
Changes to the City of Evanston Public Library Board’s Authority and
Budget
It is recommended that the City Council consider Ordinance 12-O-12 amending the
Evanston City Code to make certain changes to the Evanston Public Library Board’s
authority and budget. In addition, it is recommended that the City Council create a joint
committee with the Library Board to develop recommendations for changes in further
administrative operations of the Library and request the Mayor to appoint two Alderman
to the committee.
For Introduction
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(O2)Resolution 5-R-12 Amending the Composition of the Membership of the
Transportation/Parking Committee
Staff, the Transportation/Parking Committee and the Rules Committee recommends
approval of Resolution 5-R-12 amending the composition of the membership of the
Transportation/Parking Committee to include a member of the Environment Board,
which was established pursuant to Ordinance 63-O-71.
For Introduction
ECONOMIC DEVELOPMENT COMMITTEE
(O3)Approval of Amendment to Kane McKenna and Associates Contract for
Economic Development Services (RFP 12-39)
Economic Development Committee and staff recommends City Council authorize the
City Manager to amend the TIF consulting contract with Kane McKenna and Associates,
Inc. (with Special Consultant Michio Murakishi), 150 North Wacker Drive, Suite 1600,
Chicago, IL 60606, to include a TIF eligibility study for a proposed amendment to the
Washington National TIF District, for an amount not to exceed $31,000. Staff
recommends utilizing funds from the Washington National Tax Increment Financing
(TIF) District – Other Charges (5470.62185).
For Action
(O5)Resolution 8-R-12 Authorizing Financial Assistance for IRMCO for
Manufacturing Production Enhancement
Staff and the Economic Development Committee recommend consideration of
Resolution 8-R-12 authorizing the City Manager to negotiate and execute an agreement
to provide a $63,000 construction loan to IRMCO, a manufacturing company of
lubricants, located at 2117 Greenleaf Street. Funding will be provided by the West
Evanston Tax Increment Financing (TIF) District – Other Charges (5870.62605).
For Action
(O6)Approval of Financial Assistance from the Façade Improvement Program for
IRMCO
The Economic Development Committee and staff recommend that City Council approve
financial assistance in an amount not to exceed $13,943.69 to IRMCO, located at 2117
Greenleaf Street, for façade improvements. Funding will be provided by the West
Evanston Tax Increment Financing (TIF) District – Other Charges (5870.62605).
For Action
(O7)Approval of Extension of Time for Execution of 2011 Façade Improvement
Grant Projects
The Economic Development Committee and staff recommend City Council approval of
an extension of time for completion of five Façade Improvement projects that were
considered and approved in 2011. Staff proposes a required completion date of Friday,
August 3, 2012 for the uncompleted projects. The adopted FY 2012 budget did not
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8
include a carry-over of the unspent FY 2011 funds, therefore approval of extensions of
time for these projects would result in the utilization of 2012 funds.
For Action
(O8)Approval of Evanston West End Business Association Application for the
Evanston Great Merchants Grant Program
The Economic Development Committee and staff recommend that City Council approve
a Great Merchants Grant in the amount of $5,425 to the West End Business
Association. Funding will be provided by the Economic Development Fund’s Business
District Improvement Account (5300.65522).
APPOINTMENTS
(APP2)Reappointment to:
Preservation Commission Dian Keehan
Mayor Tisdahl asked for a motion to approve the Consent Agenda and it was moved by
Alderman Grover and it was seconded and approved by 8-0 Roll Call vote
Items for discussion:
(O4)Resolution 9-R-12 Authorizing the City Manager to Execute the Second
Modification to the Funding Agreement with the Technology Innovation Center
Staff and the Economic Development Committee recommend consideration of
Resolution 9-12-R authorizing the City Manager to execute the Second Modification to
the Funding agreement with the Technology Innovation Center (TIC). This agreement
provides $25,000 to support TIC operations for the first quarter of FY 2012 from the
Economic Development Fund’s Economic Development Partnership Contribution
Account (5300.62659) with a FY2012 budget of $280,000.
For Action
Alderman Tendam motioned for approval and it was seconded. Roll Call vote was taken
and the result was 7-1 for approval and the motion was approved with Alderman Burrus
voting nay.
(APP1)For Appointment to:
Mayor’s Youth Task Force Zollie Webb
M/W/EBE Development Committee James Davis
Liquor Control Review Board Dave Skrodzki
Landlord Licensing Committee Patricia McPherson
Landlord Licensing Committee James Schermerhorn
Landlord Licensing Committee Niabi Schmaltz
Alderman Wynne motioned for approval of all appointments after City Manager
mentioned the memo he sent explaining the Liquor Control Review Board appointment
was placed on the list by mistake, and that it is not a Council item for approval because
Page 16 of 454
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9
the Mayor alone appoints the members of this board. It was seconded and the voice
vote was unanimous. The appointments were approved.
Call of the Wards:
Ward 1, Alderman Fiske had no report.
Ward 2, Alderman Braithwaite thanked all who came out to the 2nd ward meeting last
week. He stated it was a productive meeting and the next meeting will be the second
Thursday of the month each and every month.
Ward 3, Alderman Wynne announced the ground breaking ceremony between Kedzie
and Keenan for the first residential development in a long time.
Ward 4, Alderman Wilson had no report.
Ward 5, Alderman Holmes 5th ward will be meeting Thursday 7:00 at Fleetwood.
Ward 6, Alderman Tendam stated this Wednesday 7:00 pm at 2834 Central Street for a
brainstorming event of owners on Central Street. The Mitchel Museum of American
Indians will be celebrating its 35th anniversary, with a gala event at the Unitarian Church
at 1330 Ridge Ave. on March 3rd from 6:30-9:30.
Ward 7, Alderman Grover thanked Tod Ruckenthal of the Central Street Businesses
and staff for their door-to-door campaign last week. She also thanked Carl Bova for his
gift to her of his crab-apple jelly, and the crab-apples came from Twiggs Park. Her ward
meeting will be Thursday, March 1st at Chandler-Newberger at 7:00.
Ward 9, Alderman Burrus announced her next 9th ward meeting at 7:00 at the Levy
Center February 29th.
Alderman Wilson motioned to convene into an Executive Meeting to discuss Real
Estate and Minutes, and with a second and a unanimous voice vote the meeting ended
at 8:35 pm.
Submitted by,
Hon. Rodney Greene
Page 17 of 454
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Rev. 2/23/2012 12:24:33 PM
ADMINISTRATION & PUBLIC WORKS COMMITTEE
Monday, February 27, 2012
5:45 p.m.
Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston
Council Chambers
AGENDA
I. DECLARATION OF A QUORUM: ALDERMAN BURRUS, CHAIR
II. APPROVAL OF MINUTES OF REGULAR MEETING OF February 13, 2012
III. ITEMS FOR CONSIDERATION
(A1) City of Evanston Payroll through 02/12/12 $2,516,434.32
(A2) City of Evanston Bills FY2012 through 02/28/12 $1,218,581.97
(A3.1) Approval of Contract Award for Professional Evaluation and Design
Services to McGuire Igleski & Associates, Inc. for the Roof Replacement at
Police/Fire Headquarters (RFP 12-103)
Staff recommends that City Council authorize the City Manager to execute a
contract for roofing evaluation and design services with McGuire Igleski &
Associates, Inc. (1330 Sherman Avenue, Evanston, IL) for the Roof Replacement
Project at the Police/Fire Headquarters at a total cost of $21,531.60. Funding will
be provided by FY2012 CIP Account 415739 with a budget allocation of
$400,000.
For Action
(A3.2) Approval of a Contract Extension to G&L Contractors, Inc. for 2012
Granular Materials (Bid 11-57)
Staff recommends that City Council authorize the City Manager to execute a
1-year extension to the contract for the purchase of Granular Materials (Bid 11-
57) with G&L Contractors, Inc. (7401 N. St. Louis Avenue, Skokie, IL) in the
amount of $35,850, a 0% increase in cost from the previous year. Funding will be
provided from the Water Fund (7115.65055) and the Sewer Fund (7400.65055)
with total budget allocations of $48,000.
For Action
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Rev. 2/23/2012 12:24:33 PM
(A3.3) Approval of a Contract Award to G.A. Johnson & Son for 2012 High Lift
Pump Station Window Replacement (Bid 12-19)
Staff recommends that City Council authorize the City Manager to execute a
contract for the 2012 High Lift Pump Station Window Replacement (Bid 12-19)
with G.A. Johnson & Son (828 Foster Street, Evanston, IL) in the amount of
$56,000. Funding will be provided by the Water Fund (733119.65515), which has
a budget of $110,000 for this project.
For Action
(A3.4) Approval of Contract Award to Stanley Consultants Ltd., for Construction
Engineering Services for the Sheridan Road Signal Modernization Project
(Chicago to Central) (RFQ 10-91)
Staff recommends that the City Council authorize the City Manager to execute a
contract with Stanley Consultants Ltd., (8501 West Higgins Road, Suite 730,
Chicago, IL 60631), in the amount of $90,933 to provide phase III construction
engineering services for the signal modernization project on Sheridan Road from
Chicago Avenue to Central Street. Funding for this project will be from the
Capital Improvement Fund (415871) in the amount of $90,933.
For Action
(A3.5) Approval of One (1) Combination Backhoe Loader Purchase for Utilities
Department
Staff recommends City Council approval to purchase one (1) John Deere
Combination Backhoe Loader replacement for the Utilities Department in the
amount of $76,957 from Westside Tractor Sales (1560 N. Old Rand Road,
Wauconda, IL). Funding will be from the water fund vehicle replacement
accounts: $8,800 (7100.62309); $53,979 (7115.62309); $9,496 (7120.62309);
and $4,682 from the account for maintaining services (7115.62230).
For Action
(A3.6) Approval of the Purchase of Two (2) Heavy Duty Work Trucks for the
Utilities Department
Staff recommends City Council approval to purchase two (2) replacement heavy
duty work trucks for the Utilities Department in the total amount of $184,367.08
from Currie Motors (9423 W. Lincoln Hwy., Frankfort, IL) and from Prairie
Archway International, Municipal Fleet Sales (401 S. Dirksen Parkway,
Springfield, IL). Funding will be from the sewer fund vehicle replacement account
(7400.62309) which has an FY 2012 budget allocation of $127,650. In addition,
$57,000 will be transferred to this account from the sewer fund maintenance
contract account (7400.62461).
For Action
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Rev. 2/23/2012 12:24:33 PM
(A3.7) Approval of Single Source/Emergency Contract Award to Wiss Janney
Elstner Associates for Sherman Plaza Garage Façade Inspection
Staff recommends that City Council authorize the City Manager to execute a
contract with Wiss Janney Elstner Associates (WJE), the current consultant
engineers for the 2011 Comprehensive Parking Garage Repair Project, for a
close up visual inspection and hammer sounding of the entire façade of the
Sherman Plaza Garage. Contract includes issuance of a report describing the
findings and recommendations for future engineering and repair for a not to
exceed amount of $60,400. Funding will be provided by the FY2012 Parking
Garage CIP Account (416138) with a budget of $800,000.
For Action
(A3.8) Approval of Auditing Services Contract with Baker Tilly Virchow Krause
LLP
Staff recommends that City Council authorize the City Manager to execute a
four-year contract for auditing services to Baker Tilly Virchow Krause, LLP (1301
W. 22nd Street, Oak Brook, IL) in the amount of $324,550 with a first year cost of
$78,800.
For Action
(A4) Acceptance of Year-End Financial Report for Fiscal Year 2011
Staff recommends that City Council accept and place the Year-End FY 2011
Financial Report on file.
For Action
(A5) Approval of Modifications to the 2012 Capital Improvement Program Street
Resurfacing and Streetscape Projects
Staff recommends City Council approval of the revised list of projects funded by
the 2012 Capital Improvement Program in the amount of $3,361,000. Staff is
recommending changes to the 2012 CIP program as a result of the re-evaluation
of the streetscape program.
For Action
(A6) Resolution 20-R-12 Authorizing Comcast License Extension
Staff recommends that the City Council consider Resolution 20-R-12 which
authorizes extension of license to Comcast for facilities in James Park. Staff is
still in discussions with Comcast on the license and will provide a
recommendation on the Resolution at the meeting.
For Action
(A7) Resolution 15-R-12 Authorizing the City Manager to Negotiate and Execute
Residential Lease for 631 Howard Street, Unit 2
Staff recommends that City Council approve Resolution 15-R-12 authorizing the
City Manager to negotiate and execute a residential lease with Anne Carlson and
Cody Modeer for an apartment located at 629-631 Howard Street.
For Action
Page 20 of 454
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Rev. 2/23/2012 12:24:33 PM
(A8) Resolution 17-R-12 Authorizing the City Manager to Negotiate a Community
Development Block Grant (CDBG) Loan Agreement with Ward Eight, LLC.
at 629 Howard Street
Staff recommends approval of Resolution 17-R-12 authorizing the City Manager
to negotiate a CDBG Loan Agreement with Ward Eight, LLC. This resolution
authorizes the City Manager to underwrite, negotiate, and execute a project
agreement for a loan of $130,000 to Ward Eight, LLC, a new wine bar/cocktail
lounge at 629 Howard Street. Funding will be provided by Community
Development Block Grant-Recovery Funds.
For Action
(A9) Resolution 18-R-12 Authorizing the City Manager to Negotiate a Tax
Increment Financing (TIF) Construction Grant Agreement with Ward Eight,
LLC for Property Located at 629 Howard Street
Staff recommends approval of Resolution 18-R-12, authorizing the City Manager
to negotiate a TIF Construction Grant Agreement between the City and Ward
Eight, LLC for tenant improvements at the City-owned property located at 629
Howard Street for an amount not to exceed $100,000. Funding will be provided
by the Howard Ridge Tax Increment Financing District.
For Action
(A10) Ordinance 26-O-12 Authorizing the City Manager to Negotiate and Execute
a Commercial Lease with Option to Purchase for Property at 629-631
Howard Street
Staff recommends approval of Ordinance 26-O-12, authorizing the City Manager
to negotiate and execute a Commercial Lease with an Option to Purchase for
City-owned property located at 629-631 Howard Street. The proposed lease-to-
own agreement is with Ward Eight, LLC, a wine bar/cocktail lounge.
For Introduction
(A11) Ordinance 11-O-12 Amending Title 7, Chapter 15, “Board of Local
Improvements” by Enacting a New Section for Alley Paving Improvements
Staff recommends the adoption of the proposed ordinance 11-O-12 by which the
City Council would amend Title 7, Chapter 15 of the City Code to enact a new
section for alley paving improvements.
For Introduction
(A12) Ordinance 14-O-12 Decreasing the Number of Class D Liquor Licenses
Due to Closure of Donatella Mediterranean Bistro
Staff recommends adoption of Ordinance 14-O-12 decreasing the number of
Class D liquor licenses from 24 to 23 due to the closure of Donatella
Mediterranean Bistro, 1512 Sherman Avenue.
For Introduction
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Rev. 2/23/2012 12:24:33 PM
(A13) Ordinance 15-O-12 Increasing the Number of Class D Liquor Licenses to
Permit Issuance to Creperie Saint Germain, Inc.
The Local Liquor Commissioner recommends adoption of Ordinance 15-O-12
increasing the number of Class D liquor licenses from 23 to 24 to permit
issuance to Creperie Saint Germain, 1512 Sherman Avenue.
For Introduction
(A14) Ordinance 16-O-12 Increasing the Number of Class D Liquor Licenses to
Permit Issuance to Todoroki, LLC.
The Local Liquor Commissioner recommends adoption of Ordinance 16-O-12
increasing the number of Class D liquor licenses from 24 to 25 to permit
issuance to Todoroki, 524-526 Davis St., First Floor
For Introduction
(A15) Ordinance 18-O-12 Decreasing the Number of Class B Liquor Licenses
Due to Closure of Merle’s Smokehouse
Staff recommends adoption of Ordinance 18-O-12 decreasing the number of
Class B liquor licenses from 17 to 16 due to the closure of Merle’s Smokehouse,
1727 Benson Avenue.
For Introduction
(A16) Ordinance 23-O-12 Increasing the Number of Class B Liquor Licenses to
Permit Issuance to Evanston Pub, Inc.
The Local Liquor Commissioner recommends adoption of Ordinance 23-O-12
increasing the number of Class B liquor licenses from 16 to 17 to permit
issuance to Evanston Pub, Inc., d/b/a World of Beer, 1601 Sherman Avenue.
For Introduction
(A17) Ordinance 20-O-12 Amending Title 10, Motor Vehicles and Traffic, Chapter
11, to Exempt Residents of Parking District A from the Two-Hour Parking
Restriction on Benson Avenue, East Side, University Place to Emerson
Street
The Transportation/Parking Committee and staff recommend adoption of
Ordinance 20-O-12 amending City Code Section 10-11-10, Schedule X-(F)-6;
“Residential Exemption Parking District A” to exempt residents of Residential
Parking District ‘A’, from the Two-Hour parking restriction on Benson Avenue,
East Side, University Place to Emerson Street.
For Introduction
(A18) Ordinance 21-O-12 Amending the City Code to Allow Two-Way Traffic on
Eastwood Avenue from Central Street to the First Alley to the South
Staff recommends the adoption of the proposed ordinance 21-O-12 by which the
City Council would amend Section 10-11-4 (A), Schedule IV (A) of the City Code
to allow two-way traffic on Eastwood Avenue from Central Street to the first alley
to the south. The traffic control signs will be funded by the 1700-1772 Central
Street development. Request suspension of the Rules for Introduction and Action
at City Council meeting on February 27, 2012.
For Introduction and Action
Page 22 of 454
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Rev. 2/23/2012 12:24:33 PM
(A19) Ordinance 22-O-12 Amending the City Code to Prohibit Parking on the West
Side of Eastwood Avenue from Central Street to the First Alley to the South
Staff recommends the adoption of the proposed ordinance 22-O-12 by which the
City Council would amend Section 10-11-8 (A), Schedule VIII (A) of the City
Code to prohibit parking at all times on the west side of Eastwood Avenue from
Central Street to the first alley to the south. The installation of No Parking signs
will be funded by the 1700-1772 Central Street development. Request
suspension of the Rules for Introduction and Action at City Council meeting on
February 27, 2012.
For Introduction and Action
IV. ITEMS FOR DISCUSSION
(APW1) Pilot Bike Corral at Evanston Athletic Club
(APW2) Arrest Booking Fees
V. COMMUNICATIONS
VI. ADJOURNMENT
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DRAFT
Page 1 of 4
Administration and Public Works
MEETING MINUTES
Administration & Public Works
Monday, February 13, 2012
5:45P.M.
Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston
Council Chambers
Members Present: Ald. Burrus, Ald. Grover, Ald. Holmes, Ald. Braithwaite
Members Absent: Ald. Rainey
Staff Present: Kathy Agonis, Godwin Chen, Dolores Cortez, Bob Dorneker, Doug
Gaynor, Paul Gottschalk, Steve Griffin, Lonnie Jeschke, Joseph
McRae, Sat Nagar, David Stoneback, James Maiworm, Lou
Gergits, Marty Lyons, Suzette Robinson, Chief Greg Klaiber
Others Present:
Presiding Member: Colleen Burrus
I. DECLARATION OF A QUORUM: ALDERMAN BURRUS, CHAIR
With a quorum present, Chair Burrus called the meeting to order at 5:58pm
II. APPROVAL OF MINUTES OF REGULAR MEETING OF January 23, 2012
A voice vote was taken and the minutes were unanimously approved.
III. ITEMS FOR CONSIDERATION
(A1) City of Evanston Payroll through 01/15/12 $3,009,145.87
City of Evanston Payroll through 01/29/12 $2,572,422.23
A voice vote was taken and the City of Evanston payroll through 01/29/12
was unanimously approved.
(A2) City of Evanston Bills FY2011 through 2/14/12 $1,639,598.99
City of Evanston Bills FY2012 through 2/14/12 $2,617,614.33
Credit Card Activity through December 31, 2011 $ 92,272.27
A voice vote was taken and the City of Evanston bills through 2/14/12 were
unanimously approved.
Page 24 of 454
DRAFT
Page 2 of 4
Administration and Public Works
(A3.1) Approval of Single Source Purchase of Library Automation Services from
Cooperative Computer Services
Staff recommends approval of the single source purchase of library
automation services from Cooperative Computer Services (3355J N.
Arlington Heights Rd., Arlington Heights, IL) in the amount of $83,400. The
0.9% increase over last year is the same for all 23 libraries in the
consortium. Funding will be provided by the Library Fund’s Technical
Services Internet Solution Provider account (4835.62341).
A voice vote was taken and A3.1 was unanimously approved.
(A3.2) Approval of Renewal of the Main Library Building Automation System
Maintenance Agreement with Siemens Building Technologies
Staff recommends a one-year extension of the service and maintenance
agreement with Siemens Building Technologies (585 Slawin Court, Mount
Prospect, IL) for the building automation system (BAS) at the Main Library
at a cost of $27,220. This is the second year of a three year agreement
approved by the City Council on October 25, 2010, which covers the period
January 1, 2012 through December 31, 2012 and includes a 3% increase
over 2011. Funding is provided by the Library Fund Building Maintenance
account 4840.62225.
A voice vote was taken and A3.2 was unanimously approved.
(A3.3) Approval of Contract Extension to Havey Communications for Emergency
Lighting & Aftermarket Equipment (RFP 10-76)
Staff recommends City Council approval of a one year contract extension
for Installation, Removal, and Repair of Law Enforcement and Emergency
Fire Response Vehicles and Equipment (RFP 10-76) to Havey
Communications (P.O. Box 448, Lake Forest, IL) in the amount of $55,000.
Funding will be provided by account 7710.65060, which has a budget of
$950,000. These expenditures represent 5.7% of this budget.
A voice vote was taken and A3.3 was unanimously approved.
(A3.4) Approval of Contract Extension to Wirfs Industries for Annual Inspection
and Repairs of Heavy Fire Apparatus for One Year (RFP 10-78)
Staff recommends City Council approval of a one year contract extension
to Wirfs Industries (4201 West Main Street, McHenry, IL) in the amount of
$95,000 to provide required annual inspections and repairs for heavy fire
apparatus vehicles (RFP 10-78). Funding will be provided by account
7710.65060, which has a budget of $950,000. These expenditures represent
10% of this budget.
A voice vote was taken and A3.4 was unanimously approved.
Page 25 of 454
DRAFT
Page 3 of 4
Administration and Public Works
(A3.5) Approval of Solid Waste Agency of Cook County (SWANCC) Disposal Fees
for FY 2012
Staff recommends approval of the 2012 refuse disposal fees to SWANCC
(Solid Waste Agency of Northern Cook County) not to exceed the amounts
of $83,300 for capital costs, $1,000,000 for operations and maintenance and
$40,000 in recycling transfer fees. Funding will be provided by the Solid
Waste Fund Accounts, 7685.68310 (capital costs), 7685.62405 (operations
and maintenance costs), and 7690.62415 (recycling costs).
Alderman Holmes referenced the last paragraph on page 119 of the council
packet: “In addition, the City is required to cover the cost of the refuse that Groot
takes to SWANCC for the residential collection and the cost to transfer the
recycling that City crews take to SWANCC.” Suzette Robinson, Director of
Public Works, clarified for Ald. Holmes question regarding whether or not this is
this additional or a part of the one million dollars. Director Robinson explained it
is an explanation of what the one million covers. It is included.
Ald. Grover asked if it comes from SWANCC as a bill. Director Robinson
explained, yes it comes as a monthly statement. SWANCC decides on what the
fee is for each city, split it in twelve, and bill us on a monthly basis. Ald. Grover:
asked what is the basis for our costs: usage? tonnage? population? Suzette
explained yes it is based on tonnage and a “true-up” at the end of the year. They
do an estimate based on our previous tonnage, and use that to base our annual
fee. The last four years we’ve received a rebate because we came in less than
estimated by SWANCC. This is a good spot to be in.” Ald. Grover explained it so
that increasing local zero waste efforts, reducing the bulk recycling, increase
recycling refuse would be in the best interest for the City’s bottom line. Director
Robinson confirmed Ald. Grover is correct.
A voice vote was taken and A3.5 was unanimously approved.
(A4) Approval of Change Order #3 for the 2011 Comprehensive Parking Garage
Repair Project (Bid 12-17)
Staff recommends approval of change order #3 to Bulley & Andrews LLC
(B&A) (1755 W. Armitage Avenue, Chicago, IL) in the net amount of $84,240
for the 2011 Comprehensive Parking Garage Repair Project. This change
order will increase B&A’s current contract amount from $2,569,353.20 to
$2,653,593.20. Funding will be provided by the FY 2012 Capital
Improvement Plan Fund for Parking Garage projects (CIP #416138), which
has a budget of $800,000.
A voice vote was taken and A4 was unanimously approved.
Page 26 of 454
DRAFT
Page 4 of 4
Administration and Public Works
(A5) Resolution 3-R-12 Authorizing the Use of Motor Fuel Tax Funds for
Roadway Construction and Related Engineering Services
The Department of Public Works recommends City Council approval of
Resolution 3-R-12 authorizing the use of Motor Fuel Tax Funds (MFT) in the
amount of $1,400,000 for the 2012 MFT Street Resurfacing Project and
$132,727 for design and construction engineering services by City Staff.
Funding will be provided by the Motor Fuel Tax Fund (FUND # 200).
Chairman Burrus thanked staff for this project as part of Madison Street which is
in desperate need of improvement will be improved.
A voice vote was taken and A5 was unanimously approved.
(A6) Ordinance 13-O-12 Amending Class P Liquor License
Local Liquor Commissioner recommends City Council adoption of
Ordinance 13-O-12, which increases the quantity of alcohol a craft distiller
is authorized to manufacture and store to 15,000 gallons per year. The
increase is in accordance with Illinois state law which was amended
effective August 19, 2011.
A voice vote was taken and A6 was unanimously approved.
IV. ITEMS FOR DISCUSSION
V. COMMUNICATIONS
VI. ADJOURNMENT
Ald. Grover motioned and Ald. Holmes seconded for adjournment. Chair Burrus
adjourned the meeting at 6:08p.m.
Respectfully Submitted,
Dolores Y Cortez
Administrative Assistant, City Manager Office
Page 27 of 454
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: Marty Lyons, Assistant City Manager
Richard Perry, Accounts Payable Coordinator
Subject: City of Evanston Payroll and Bills
Date: February 23, 2012
Recommended Action: Staff recommends approval of the City of Evanston Payroll and
Bills List.
Summary:
Payroll – January 30, 2012 through February 12, 2012 $2,516,434.32
(Payroll includes employer portion of IMRF, FICA, and Medicare)
Bills List – February 28, 2012
$1,218,581.97
General Fund Amount – Bills list $268,239.91
General Fund Amount – Supplemental list $ 0.00
General Fund Total: $268,239.91
Attachments: Bills Lists
For City Council meeting of February 27, 2012 Item A1/A2
Business of the City by Motion: City Payroll and Bills
For Action
Memorandum
Page 28 of 454
CITY OF EVANSTON, ILR5504003B
BILLS LIST
02/28/12PERIOD ENDING
00100 GENERAL ACCOUNT
100 GENERAL FUND
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
100.22760 COOK COUNTY TREASURER PROPERTY TAXES 2022 CENTRAL 7,478.86
100.22771 QUARTET COPIES POLICE/FIRE FOUNDATION PRINT 130.75
100.21639 EYE MED VISION CARE EMPLOYEE VISION INSURANCE-FEB 2,869.77
100.13040 MSF GRAPHICS, INC.9 X 12 BROWN KRAFT ENVELOPES 313.92
100.13040 MSF GRAPHICS, INC.DELIVERY 15.00
100.21680 CHICAGO TRANSIT AUTHORITY 901 *CHICAGO CARD PLUS 898.00
11,706.30
1300 CITY COUNCIL
1300.62360 U S CONFERENCE OF MAYORS MEMBERSHIP DUES-2012 5,269.00
1300.62285 AARYNN/ALLYSSA TRUCKING COURIER SERVICE COUNCIL MAIL 104.98
1300.65025 HECKY'S MEALS-COUNCIL 222.00
1300.65025 HECKY'S MEALS-COUNCIL 90.40
1300.62295 NORTHWEST MUNICIPAL CONFERENCE NWMC LEGISLATIVE BRUNCH 80.00
1300.62210 SIR SPEEDY PRINTING POST CARD PRINTING 1,2,9 WARDS 425.00
1300.62210 SIR SPEEDY PRINTING POST CARD PRINTING 1,2,9 WARDS 425.00
1300.62210 SIR SPEEDY PRINTING POST CARD PRINTING 1,2,9 WARDS 353.54
6,969.92
1400 CITY CLERK
1400.56045 INTERNATIONAL CODE COUNCIL 2003 IBC 1,450.00
1400.56045 INTERNATIONAL CODE COUNCIL 2003 IRC 1 & 2 Family dwelling 1,282.50
1400.56045 INTERNATIONAL CODE COUNCIL 2003 Mechanical code 731.25
1400.56045 INTERNATIONAL CODE COUNCIL shipping & handling 167.35
1400.56045 INTERNATIONAL CODE COUNCIL 2003 fuel gas code 576.00
1400.56045 INTERNATIONAL CODE COUNCIL IFGC SOFT COVERS 144.00
4,351.10
1505 CITY MANAGER
1505.62360 URBAN SUSTAINABILITY DIRECTORS MEMBERSHIP DUES-2012 500.00
1505.65095 OFFICE DEPOT BLANKET PO FOR FY2012 OFFICE 46.40
1505.62295 NORTHWEST MUNICIPAL CONFERENCE NWMC LEGISLATIVE BRUNCH 40.00
1505.62360 ALLIANCE FOR INNOVATION MEMBERSHIP DUES 3,900.00
4,486.40
1510 PUBLIC INFORMATION
1510.62665 EVANSTON COMMUNITY MEDIA CENTE CITY GRANT - FEBRUARY 2012 8,333.33
1510.62205 QUARTET COPIES GLASS COVER 160.00
8,493.33
1535 SUSTAINABILTY GRANT
1535.55253 ALLEGRA PRINT & IMAGING EVANSTON BIKING POSTERS 4,610.20
4,610.20
1705 LEGAL ADMINISTRATION
1705.62550 TRANSCRIPTION PROFESSIONALS TRANSCRIPTION 55.83
1705.65095 OFFICE DEPOT OFFICE SUPPLIES 91.17
1705.65095 OFFICE DEPOT OFFICE SUPPLIES 36.21
1705.52570 GOLAS, DARCY REFUND COMPLIANCE TKT 125.00
1705.62550 TRANSCRIPTION PROFESSIONALS TRANSCRIPTION 440.66
1705.62550 TRANSCRIPTION PROFESSIONALS TRANSCRIPTION 559.34
Page 29 of 454
CITY OF EVANSTON, ILR5504003B
BILLS LIST
02/28/12PERIOD ENDING
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
1705.52570 HOFFMAN, STEPHANIE REFUND COMPLIANCE TKT 125.00
1,433.21
1910 FINANCE DIVISION - REVENUE
1910.52010 SILVEIRA, DENISE REIMBURSE TWO DUP STICKERS 75.00
1910.65095 OFFICE DEPOT OFFICE SUPPLIES REVENUE DEPT 16.88
1910.65045 THIRD MILLENNIUM ASSOC SERVER FEE 675.00
1910.51600 MCNEIL, CLAIRE REFUND PARKING LOT 53 24.00
1910.52010 MCCAULEY, KATHLEEN A.REFUND CITY STICKER 75.00
1910.52010 MALTZ, MICHAEL REFUND CITY STICKER 75.00
1910.51600 KORKOS, PATRICE REFUND PARKING LOT 45 12.00
1910.52010 KELLY, LEO REFUND VEHICLE STICKER 113.00
1910.62449 DUNCAN PARKING TECHNOLOGIES, I PARKING CITATIONS 32,181.14
1910.64541 AZAVAR TECHNOLOGIES AUDIT COMED CONTINGENCY PAYMNT 939.12
1910.51620 COOK COUNTY RECORDER OF DEEDS DOCUMENT CHARGES 10.00
1910.52010 JOHNSON TREE EXPERTS REFUND VEHICLE STICKER 93.00
1910.52010 VARELA, JAMIE REFUND VEHICLE STICKER 150.00
1910.62315 UNITED PARCEL SERVICE SHIPPING 450.00
1910.65095 OFFICE DEPOT OFFICE SUPPLIES REVENUE DEPT 10.63
1910.62431 GARDA CL GREAT LAKES, INC.ARMORED CAR SERVICES 1,645.96
1910.62431 GARDA CL GREAT LAKES, INC.ARMOR CAR SERVICES 27.60
36,573.33
1920 FINANCE DIVISION - ACCOUNTING
1920.65095 OFFICE DEPOT OFFICE SUPPLIES ACCOUNTING 39.79
39.79
1925 FINANCE DIVISION - PURCHASING
1925.62275 FEDERAL EXPRESS CORP.SHIPPING 15.71
1925.65095 MIDWEST TIME RECORDER MAINTENANCE CONTRACT 136.00
1925.65095 OFFICE DEPOT OFFICE SUPPLIES PURCHASING 22.11
173.82
1929 HUMAN RESOURCE DIVISION
1929.62205 PIONEER PRESS ADVERTISEMENT FOR RFP 12-106 40.00
1929.62205 PIONEER PRESS ADVERTISEMENT FOR RFP 12-106 46.40
1929.62160 TRANS UNION CORP BASIC SERVICE 44.79
131.19
1932 INFORMATION TECHNOLOGY DIVI.
1932.65555 DELL COMPUTER CORP.POWEREDGE R715 WEB SERVER 10.00
1932.62250 SMS SYSTEMS MAINTENANCE SERVIC MAINT. AGREEMENT 1,157.00
1932.62175 IRON MOUNTAIN OSDP MAINT. AGREEMENT 683.01
1932.65615 ILLINOIS DEPARTMENT OF CENTRAL COMMUNICATION CHARGES 1,925.00
1932.62340 GOVDELIVERY, INC.HOSTING/MAINT. FEE EMAIL SERV.3,000.00
1932.65555 DELL COMPUTER CORP.POWEREDGE R715 WEB SERVER 7,821.20
1932.62380 US Bank COPIER LEASE AGREEMENT 1,641.52
1932.64505 AT & T 8100 COMMUNICATION CHARGES 124.54
1932.64505 AT & T COMMUNICATION CHARGES 340.44
1932.65615 COMCAST CABLE COMMUNICATION CHARGES 144.13
1932.65615 COMCAST CABLE COMMUNICATION CHARGES 131.45
1932.65615 COMCAST CABLE COMMUNICATION CHARGES 135.61
1932.62380 CHICAGO OFFICE TECHNOLOGY GROU COPIER SERVICE AGREEMENT 1,778.80
Page 30 of 454
CITY OF EVANSTON, ILR5504003B
BILLS LIST
02/28/12PERIOD ENDING
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
18,892.70
1941 PARKING ENFORCEMENT & TICKETS
1941.65095 OFFICE DEPOT OFFICE SUPPLIES PEO & TICKETS 23.30
1941.64005 COMED UTILITIES 68.95
1941.64540 NEXTEL WIRELESS SERVICE 634.97
1941.62451 NORTH SHORE TOWING TOWING/BOOTS 1,425.00
2,152.22
2101 COMMUNITY DEVELOPMENT ADMIN
2101.64540 NEXTEL WIRELESS SERVICE 45.93
45.93
2105 PLANNING & ZONING
2105.65095 OFFICE DEPOT BLANKET PO FY12 BUS UNIT 2105 8.13
2105.65095 OFFICE DEPOT BLANKET PO FY12 BUS UNIT 2105 13.97
2105.65095 OFFICE DEPOT BLANKET PO FY12 BUS UNIT 2105 12.56
2105.65095 OFFICE DEPOT BLANKET PO FY12 BUS UNIT 2105 5.54
2105.62285 AARYNN/ALLYSSA TRUCKING ZBA PACKETS-COURIER 40.82
2105.62285 AARYNN/ALLYSSA TRUCKING PACKETS PRESV. COMMISSION 93.31
2105.62205 PIONEER PRESS BLANKET PO FOR ZONING FY2012 24.80
2105.62205 PIONEER PRESS BLANKET PO FOR ZONING FY2012 52.80
251.93
2115 HOUSING CODE COMPLIANCE
2115.65095 OFFICE DEPOT BLANKET PO FY12 BUS UNIT 2115 100.00
2115.64540 NEXTEL WIRELESS SERVICE 348.62
2115.62360 ILLINOIS ASSOCIATION OF CODE E QRTLY. IACE MEETING 175.00
2115.62360 ILLINOIS ASSOCIATION OF CODE E MEMBERSHIP DUES 25.00
2115.62360 ILLINOIS ASSOCIATION OF CODE E MEMBERSHIP DUES -7 175.00
2115.62190 GARRISON, LARRY DEBRIS REMOVAL 540.00
2115.62190 TECHNOLOGY AGAINST GRAFFITI GRAFFITI REMOVALS 246.00
1,609.62
2120 HOUSING REHABILITATION
2120.62360 ILLINOIS ASSOCIATION OF CODE E QRTLY. IACE MEETING 105.00
2120.64540 NEXTEL WIRELESS SERVICE 96.55
201.55
2126 BUILDING INSPECTION SERVICES
2126.65095 SCHWAAB INC EXCEL/MARK DATER 506.94
2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTIONS-DEC 2011 80.00
2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTIONS-JAN 2012 2,848.00
2126.65095 OFFICE DEPOT BLANKET PO FY12 BUS UNIT 2126 97.71
2126.64540 NEXTEL WIRELESS SERVICE 187.61
2126.62645 MICROSYSTEMS INC.MICROFILM STORAGE 750.10
4,470.36
2205 POLICE ADMINISTRATION
2205.64015 NICOR 0632 MONTHLY CHARGES 166.14
2205.65085 DAVIS ENVIRONMENTAL LABS., INC POLICE HQ FLOOR TILE 20.00
2205.65085 EVANSTON IMPRINTABLES,INC.LBGC HATS 211.44
2205.65125 EVANSTON FUNERAL & CREMATION REMOVALS JAN. 2012 1,162.00
2205.65085 NEMEC, JONAH VIDEO PRODUCTION TRAINING 1,800.00
Page 31 of 454
CITY OF EVANSTON, ILR5504003B
BILLS LIST
02/28/12PERIOD ENDING
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
2205.62360 CRITICAL REACH MEMBERSHIP DUES 785.00
2205.64005 COMED MONTHLY CHARGES 116.01
2205.64005 COMED MONTHLY CHARGES 116.01
4,376.60
2210 PATROL OPERATIONS
2210.65020 VCG UNIFORM INITIAL UNIFORM 1,748.60
2210.65020 VCG UNIFORM UNIFORM ISSUE 189.95
2210.65020 VCG UNIFORM INITIAL UNIFORM 1,846.15
3,784.70
2215 CRIMINAL INVESTIGATION
2215.65105 RITZ CAMERA NEG/SLIDE SCANNING 81.78
81.78
2240 POLICE RECORDS
2240.65095 OFFICE DEPOT FY 2012 OFFICE SUPPLIES 20.98
2240.65095 OFFICE DEPOT FY 2012 OFFICE SUPPLIES 24.48
2240.65095 OFFICE DEPOT FY 2012 OFFICE SUPPLIES 599.99
2240.65095 OFFICE DEPOT FY 2012 OFFICE SUPPLIES 38.94
2240.65095 OFFICE DEPOT FY 2012 OFFICE SUPPLIES 450.58
2240.65095 OFFICE DEPOT FY 2012 OFFICE SUPPLIES .55
2240.65095 OFFICE DEPOT FY 2012 OFFICE SUPPLIES 49.49
2240.65095 OFFICE DEPOT FY 2012 OFFICE SUPPLIES 68.40
2240.65095 OFFICE DEPOT FY 2012 OFFICE SUPPLIES 131.12
2240.65095 MSF GRAPHICS, INC.PRISONER PROPERTY NCR FORM 371.50
2240.65095 MSF GRAPHICS, INC.COURT CARDS 149.26
2240.65105 RITZ CAMERA ONE HOUR REPRINTS 52.80
1,958.09
2245 COMMUNICATIONS
2245.64540 NEXTEL WIRELESS SERVICE 1,628.77
2245.64540 AT & T MOBILITY P.S.T. WIRELESS SERV.27.59
1,656.36
2250 SERVICE DESK
2250.62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTIONS-FEB 2012 168.00
2250.65125 SIMPLEX GRINNELL TIME CLOCK SERVICE 420.00
2250.65020 VCG UNIFORM UNIFORM ISSUE 223.80
811.80
2255 OFFICE-PROFESSIONAL STANDARDS
2255.61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 315.00
2255.61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 71.40
386.40
2260 OFFICE OF ADMINISTRATION
2260.62295 EVANSTON ATHLETIC CLUB FITNESS JAN. 2012 654.10
2260.62295 DUKLER, MARLA MEALS-PRINT EVIDENCE TECH.60.00
2260.62295 DAVIS, LARRY MEALS-PRINT EXAMINATION 220.00
2260.62295 WASOWICZ, MICHAEL MEALS LATENT PRINT EXAM.220.00
2260.62295 NORTH EAST MULTI-REGIONAL TRAI TRAINING- 2 100.00
2260.62295 GLACKEN AND ASSOCIATES BACKGROUND INVESTIGATIONS 275.00
2260.62295 HICKS, BRIAN M.MEALS FIELD TRAINING PROG.60.00
Page 32 of 454
CITY OF EVANSTON, ILR5504003B
BILLS LIST
02/28/12PERIOD ENDING
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
2260.62295 OSTAP, ANNA REIMB. AED/CPR CERTIFCATE CARD 180.00
2260.62295 NORTHWESTERN UNIVERSITY FIELD SOBRIETY TESTING INSTR.950.00
2260.62295 SYED, SOPHIA MEALS EVIDENCE TECH.60.00
2,779.10
2265 NEIGHBORHOOD ENFORCEMENT TEAM
2265.65020 J. G. UNIFORMS, INC VEST COVERS 40.00
40.00
2270 TRAFFIC BUREAU
2270.65125 NORTH SHORE TOWING MISC. TOWS 575.00
2270.65125 TUCKEY, KRISTEN TOW REFUND 225.00
2270.65085 KARA COMPANY INC.CALIBRATION 260.00
2270.65125 LAMBERIS, GEORGE TOW REFUND 120.00
1,180.00
2280 ANIMAL CONTROL
2280.65085 ALARM DETECTION SYSTEMS, INC. QRT. CHARGES FEB-APRIL 2012 169.41
2280.65025 PETSMART KITTY LITTER 64.90
2280.62225 ANDERSON PEST CONTROL PEST CONTROL - FEB. 2012 50.25
2280.64015 NICOR 0632 MONTHLY CHARGES 1,292.52
1,577.08
2285 PROBLEM SOLVING TEAM
2285.65020 UNIFORMITY, INC.PST BIKE UNIFORM ISSUE 243.75
243.75
2305 FIRE MGT & SUPPORT
2305.65020 AIR ONE EQUIPMENT UNIFORM ISSUES 114.00
2305.65020 AIR ONE EQUIPMENT FIREFIGHTING HELMETS 870.00
2305.65020 CHICAGO PROTECTIVE APPAREL INC TURNOUT GEAR 121.80
2305.65070 HENRICHSEN FIRE & SAFETY EXTINGUISHER RECHARGE 332.05
2305.64540 NEXTEL WIRELESS SERVICE 414.59
2305.62360 ILLINOIS FIRE CHIEFS ASSOCIATI MEMBERSHIP DUES 650.00
2305.65020 AIR ONE EQUIPMENT TURNOUT GEAR 390.00
2,892.44
2315 FIRE SUPPRESSION
2315.65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 307.21
2315.65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 431.76
2315.62295 NORTHEASTERN ILLINOIS PUBLIC S FIREFIGHTER TRAINING 300.00
2315.62295 NORTHEASTERN ILLINOIS PUBLIC S FIREFIGHTER TRAINING 300.00
2315.53675 ANDRES MEDICAL BILLING MONTHLY AMBULANCE-DEC. 2011 3,487.32
2315.62605 MABAS DIVISION III MUTUAL MEMBERSHIPS 5,000.00
2315.65090 J & L ENGRAVING SAFETY TAGS 35.00
2315.62360 ILLINOIS FIRE ACCREDITATION MA MEMBERSHIP DUES 100.00
9,961.29
2425 DENTAL SERVICES
2425.65075 PATTERSON DENTAL SUPPLY, INC. DENTAL SUPPLIES 802.30
2425.65075 PATTERSON DENTAL SUPPLY, INC. DENTAL SUPPLIES 639.00
2425.65075 PATTERSON DENTAL SUPPLY, INC. CREDIT RETURN 228.00-
2425.65075 PATTERSON DENTAL SUPPLY, INC. CREDIT RETURN 156.00-
1,057.30
Page 33 of 454
CITY OF EVANSTON, ILR5504003B
BILLS LIST
02/28/12PERIOD ENDING
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
2435 FOOD AND ENVIRONMENTAL HEALTH
2435.65075 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 27.00
2435.65075 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 27.00
2435.62477 NEXTEL WIRELESS SERVICE 99.95
2435.64540 NEXTEL WIRELESS SERVICE 123.26
277.21
2440 VITAL RECORDS
2440.53220 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES 1,554.00
1,554.00
2455 COMM.HEALTH PROG.ADMINSTRATION
2455.64540 NEXTEL WIRELESS SERVICE 46.82
46.82
2605 DIRECTOR OF PUBLIC WORKS
2605.64540 NEXTEL WIRELESS SERVICE 51.58
51.58
2610 MUNICIPAL SERVICE CENTER
2610.65085 LEMOI HARDWARE SUPPLIES 12.64
2610.64005 COMED MONTHLY CHARGES 276.37
2610.62225 SMITHEREEN PEST MANAGEMENT SER RODENT CONTROL 93.00
2610.65020 CINTAS AFSCME UNIFORMS 80.75
462.76
2630 TRAFFIC ENGINEERING
2630.62210 PIONEER PRESS FY2012 PUBLIC SERV NOTICE #3 25.60
25.60
2640 TRAF. SIG. & ST. LIGHT. MAINT
2640.64008 COMED MONTHLY CHARGES 337.44
2640.64008 COMED MONTHLY CHARGES 444.96
2640.64008 COMED MONTHLY CHARGES 462.76
2640.64006 COMED MONTHLY CHARGES 4.46
2640.64006 COMED MONTHLY CHARGES 20,223.02
2640.64006 COMED MONTHLY CHARGES 414.11
2640.64006 COMED MONTHLY CHARGES 366.47
2640.64007 COMED MONTHLY CHARGES 90.22
2640.64007 COMED MONTHLY CHARGES 6,756.20
29,099.64
2665 STREETS AND SANITATION ADMINIS
2665.64540 NEXTEL WIRELESS SERVICE 2,526.50
2665.65095 OFFICE DEPOT FY2012 OFFICE SUPPLIES 17.06
2,543.56
2670 STREET AND ALLEY MAINTENANCE
2670.65055 OZINGA CHICAGO RMC, INC.CONCRETE 770.00
2670.62415 SHRED ALL RECYCLING SYSTEMS IN TIRE RECYCLING 798.48
1,568.48
2680 SNOW AND ICE CONTROL
2680.62451 DOUBLE "E" TOWING AND TRUCKING TOWING RETAINER-3 TRUCKS 630.00
2680.62451 AUTO RECOVERY AND TOWING DIVIS TOWING RETAINER-1 TRUCK 210.00
Page 34 of 454
CITY OF EVANSTON, ILR5504003B
BILLS LIST
02/28/12PERIOD ENDING
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
2680.62451 RAPID RECOVERY TOWING RETAINER-1 TRUCK 210.00
2680.62451 R & L TOWING TOWING RETAINER 3 TRUCKS 630.00
2680.62451 PONCH TOWING TOWING RETAINER-1 TRUCK 210.00
2680.62451 NORTH SHORE TOWING TOWING RETAINER-1 TRUCK 210.00
2680.62451 VIC'S TOWING, INC.TOWING RETAINER-1 TRUCK 210.00
2680.62451 ULRIC RECOVERY, INC.TOWING RETAINER-1 TRUCK 210.00
2680.62451 T-BONE TOWING TOWING RETAINER-1 TRUCK 210.00
2680.65015 MORTON SALT FY2012 ROCK SALT PURCHASE 1,232.79
2680.65015 MORTON SALT FY2012 ROCK SALT PURCHASE 55,272.98
2680.62451 ACE AUTO CARRIER EXPRESS, INC. TOWING RETAINER-3 TRUCKS 630.00
2680.62451 ACE TOWING TOWING RETAINER-2 TRUCKS 420.00
2680.62451 MONARCA TOWING SERVICE, INC. TOWING RETAINER-1 TRUCK 210.00
2680.62451 LOUIE'S TOWING TOWING RETAINER-1 TRUCK 210.00
2680.62451 WWF TOWING TOWING RETAINER-1 TRUCK 210.00
2680.62451 EMERGENCY ROAD SERVICE, INC. TOWING RETAINER-1 TRUCK 210.00
2680.62451 FREEDOM TOWING, INC.TOWING RETAINER-2 TRUCKS 420.00
2680.62451 G & J TOWING TOWING RETAINER-1 TRUCK 210.00
61,755.77
3005 REC. MGMT. & GENERAL SUPPORT
3005.64540 NEXTEL WIRELESS SERVICE 42.58
42.58
3020 RECREATION GENERAL SUPPORT
3020.65125 COMCAST CABLE REC CENTER CABLE BOX 11.45
3020.64540 NEXTEL WIRELESS SERVICE 42.58
54.03
3025 PARK UTILITIES
3025.64005 COMED MONTHLY CHARGES 261.13
3025.64015 NICOR 0632 MONTHLY CHARGES 114.61
3025.64015 NICOR 0632 MONTHLY CHARGES 309.01
3025.64005 COMED MONTHLY CHARGES 26.41
711.16
3030 CROWN COMMUNITY CENTER
3030.62505 REJNOWSKA, MALGORZATA ADULT DANCE INSTRUCTOR 30.00
3030.62505 STEVENSON, LESLIE YOUTH BALLET INSTRUCTOR 100.00
3030.65040 LAPORT INC 2012 BLANKET PO 51.97
3030.65040 LAPORT INC 2012 BLANKET PO 45.09
3030.62507 POSITIVE CONNECTIONS, INC.CROWN WINTER BREAK CAMP FT 130.50
3030.62505 LOCKETT, LAMAR ADULT DANCE INSTRUCTION 90.00
447.56
3035 CHANDLER COMMUNITY CENTER
3035.64540 NEXTEL WIRELESS SERVICE 24.59
3035.62505 NORTHWESTERN UNIVERSITY WORK- WORK STUDY STAFF 3,359.82
3035.65040 LAPORT INC 2012 BLANKET PO 73.11
3035.62507 POSITIVE CONNECTIONS, INC.WINTER CAMP FIELD TRIP BUS 282.75
3035.62495 ANDERSON PEST CONTROL PEST CONTROL SERVICES 28.36
3035.62507 CLASSIC BOWL WINTER BREAK CAMP FIELD TRIP 120.00
3035.62507 LASER QUEST WINTER CAMP FIELD TRIP 208.00
3035.62507 NICKEL CITY WINTER BREAK CAMP FT 72.00
Page 35 of 454
CITY OF EVANSTON, ILR5504003B
BILLS LIST
02/28/12PERIOD ENDING
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
3035.65110 WILL ENTERPRISES BASKETBALL LEAGUE TSHIRTS 1,037.87
5,206.50
3040 FLEETWOOD JOURDAIN COM CT
3040.65110 MIDWEST SERVICE AND INSTALLATI INSTALL FLOORING, WALL BASE 6,956.00
3040.65040 LAPORT INC 2012 BLANKET PO 111.35
3040.64540 NEXTEL WIRELESS SERVICE 31.79
3040.65095 OFFICE DEPOT 2012 BLANKET PO 1.16
3040.65040 LAPORT INC 2012 BLANKET PO 323.44
3040.65095 OFFICE DEPOT 2012 BLANKET PO 44.98
3040.65095 ILLINOIS PAPER COMPANY 2012 BLANKET PO 150.00
7,618.72
3045 FLEETWOOD/JOURDAIN THEATR
3045.62505 AGWADA, VINCENT ENTRMNT BLACK HISTORY PROGRAMS 100.00
3045.62205 EVANSTON SENTINEL CORPORATION ADVERTISEMENT MLK & BLACK HIST 246.00
3045.62505 MARQUEZ, AUBREY ACTOR GIRL IN YELLOW DRESS 500.00
3045.65095 ILLINOIS PAPER COMPANY 2012 BLANKET PO 51.10
897.10
3050 RECREATION OUTREACH PROGRAM
3050.62505 DYKES, ALEX AFTER SCHOOL ACTIVITY 160.00
160.00
3055 LEVY CENTER
3055.62505 SMITH, ANYA BLAKEMAN FIRST 1/2 PYMNT SPRING ECT 375.00
3055.65040 LAPORT INC 2012 BLANKET PO 44.20
3055.65040 LAPORT INC 2012 BLANKET PO 96.32
3055.65040 LAPORT INC 2012 BLANKET PO 51.49
3055.65040 LAPORT INC 2012 BLANKET PO 1,065.57
3055.65095 OFFICE DEPOT 2012 BLANKET PO 18.04
3055.62210 QUARTET COPIES CHILDRENS THEATER POSTERS 160.00
3055.64540 NEXTEL WIRELESS SERVICE 24.59
3055.62495 ANDERSON PEST CONTROL PEST CONTROL SERVICES 42.00
3055.62245 CHICAGO OFFICE TECHNOLOGY GROU RICOH SPECIALTY STAPLES 82.00
3055.62511 KREATIVE PARTIES PRIVATE PARTY ENTERTAINMENT 225.00
3055.65095 ILLINOIS PAPER COMPANY 2012 BLANKET PO 187.80
3055.62505 COMPUTER TRAINING & SUPPORT SE COMPUTER TRAINING CLASS INSTRU 290.00
3055.62511 CLOWNING AROUND ENTERTAINMENT PRIVATE PARTY RENTAL ENTERTAIN 234.00
3055.62245 KREATIVE PARTIES REPAIRS TO FITNESS EQUIPMENT 214.89
3055.62495 ANDERSON PEST CONTROL PEST CONTROL SERVICES 42.00
3055.62505 KOLAKOWSKI, DONALD FIRST 1/2 PYMNT SPRING ECT DIR 1,125.00
4,277.90
3080 BEACHES
3080.64540 NEXTEL WIRELESS SERVICE 70.23
70.23
3085 RECREATION FACILITY MAINT
3085.64540 NEXTEL WIRELESS SERVICE 53.53
53.53
3095 CROWN ICE RINK
3095.62245 CENTRAL RUG & CARPET CO.ADDTL WORK TO COMPLETE FLOOR 2,600.00
Page 36 of 454
CITY OF EVANSTON, ILR5504003B
BILLS LIST
02/28/12PERIOD ENDING
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
3095.64540 NEXTEL WIRELESS SERVICE 73.77
3095.65095 ILLINOIS PAPER COMPANY PAPER 225.60
3095.62495 ANDERSON PEST CONTROL PEST CONTROL SERVICES 75.00
3095.62245 JORSON & CARLSON BLADE SHARPENING 35.49
3095.62508 BABICZ, GEORGE S.ADULT BROOMBALL SCORE KEEPER 60.00
3095.62508 KNUTSON, KRISTOFER R.REFEREE ADULT BROOMBALL 90.00
3095.62508 LEVI, MATTHEW REFEREE ADULT BROOMBALL 90.00
3095.62508 PFEIFFER, SHAWN REFEREE ADULT BROOMBALL 180.00
3095.62508 KNUTSON, KRISTOFER R.REFEREE ADULT BROOMBALL 180.00
3095.62508 PFEIFFER, SHAWN REFEREE ADULT BROOMBALL 180.00
3095.62508 BABICZ, GEORGE S.ADULT BROOMBALL SCOREKEEPER 60.00
3095.65080 COCA-COLA ENTERPRISES LAKESHOR VENDING RESALE 482.40
3095.65040 LAPORT INC 2012 BLANKET PO 525.76
4,858.02
3130 SPECIAL RECREATION
3130.62490 MCGAW YMCA USE OF YMCA POOL FOR 2,730.00
3130.64540 NEXTEL WIRELESS SERVICE 49.18
2,779.18
3140 BUS PROGRAM
3140.64540 NEXTEL WIRELESS SERVICE 24.59
24.59
3150 PARK SERVICE UNIT
3150.64540 NEXTEL WIRELESS SERVICE 49.18
49.18
3205 COMMUNITY RELATIONS
3205.62210 ALLEGRA PRINT & IMAGING TAXI CAB COUPON PRINTING 378.00
378.00
3215 YOUTH ENGAGEMENT DIVISION
3215.64540 NEXTEL WIRELESS SERVICE 45.73
45.73
3505 PARKS & FORESTRY GENERAL SUP
3505.64540 NEXTEL WIRELESS SERVICE 535.77
535.77
3510 HORTICULTURAL MAINTENANCE
3510.65070 ARLINGTON POWER EQUIPMENT CARBURETOR 91.31
3510.65070 ARLINGTON POWER EQUIPMENT SHIPPING 10.31
3510.65070 ARLINGTON POWER EQUIPMENT CARBURETOR 4.15
3510.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 81.02
186.79
3515 PARKWAY TREE MAINTENANCE
3515.65070 ALEXANDER EQUIPMENT CO.EQUIPMENT PARTS 58.45
58.45
3605 ECOLOGY CENTER
3605.64005 COMED MONTHLY CHARGES 46.53
3605.64015 NICOR 0632 MONTHLY CHARGES 399.93
3605.62495 ANDERSON PEST CONTROL PEST CONTROL SERVICES 56.75
Page 37 of 454
CITY OF EVANSTON, ILR5504003B
BILLS LIST
02/28/12PERIOD ENDING
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
3605.62495 ANDERSON PEST CONTROL PEST CONTROL SERVICES 56.75
3605.62507 POSITIVE CONNECTIONS, INC.BUS WINTER BREAK CAMP FT 206.63
766.59
3700 ARTS COUNCIL
3700.62506 NORTHWESTERN UNIVERSITY WORK- WORK STUDY JAN 2012 273.62
273.62
3710 NOYES CULTURAL ARTS CTR
3710.62495 ANDERSON PEST CONTROL PEST CONTROL SERVICES 33.25
3710.64540 NEXTEL WIRELESS SERVICE 24.59
3710.65040 LAPORT INC 2012 BLANKET PO 304.68
3710.65040 LAPORT INC 2012 BLANKET PO 97.02
3710.62518 ALARM DETECTION SYSTEMS, INC. ALARM SYSTEM NOYES 460.44
919.98
3720 CULTURAL ARTS PROGRAMS
3720.62365 AGWADA, VINCENT ENTRMNT BLACK HISTORY PROGRAMS 100.00
100.00
3805 FACILITIES ADMINISTRATION
3805.64005 COMED MONTHLY CHARGES 108.98
3805.62376 NICOR 0632 MONTHLY CHARGES 50.23
3805.64540 NEXTEL WIRELESS SERVICE 70.52
3805.64005 COMED MONTHLY CHARGES 325.15
554.88
3806 CIVIC CENTER SERVICES
3806.64540 NEXTEL WIRELESS SERVICE 97.24
3806.62225 ANDERSON PEST CONTROL PEST CONTROL - JAN. 2012 422.00
519.24
3807 CONSTRUCTION AND REPAIRS
3807.64540 NEXTEL WIRELESS SERVICE 783.57
783.57
269,137.91
00185 LIBRARY FUND
4805 LIBRARY YOUTH SERVICES
4805.65630 BAKER & TAYLOR JUV PRINT 43.01
4805.65630 BAKER & TAYLOR JUV PRINT 50.63
4805.65630 BAKER & TAYLOR JUV PRINT 8.51
4805.65630 BAKER & TAYLOR JUV PRINT 12.37
4805.65630 BAKER & TAYLOR JUV PRINT 104.57
4805.65630 BAKER & TAYLOR JUV PRINT 160.70
4805.65630 BAKER & TAYLOR JUV PRINT 308.57
4805.65641 BAKER & TAYLOR JUV AV 205.70
4805.65641 BAKER & TAYLOR ADULT AND JUVINILE AV 117.56
4805.65641 BAKER & TAYLOR ADULT AND JUV AV 57.29
4805.65630 BAKER & TAYLOR JUV PRINT 707.39
4805.65630 BAKER & TAYLOR JUV PRINT 244.65
4805.65630 BAKER & TAYLOR JUV PRINT 1,183.70
4805.65641 BAKER & TAYLOR JUV AV 11.75
4805.65630 BOOK WHOLESALERS INC.JUV PRINT 7.28
Page 38 of 454
CITY OF EVANSTON, ILR5504003B
BILLS LIST
02/28/12PERIOD ENDING
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
4805.65630 BAKER & TAYLOR JUV PRINT 62.75
4805.65630 BAKER & TAYLOR JUV PRINT 521.76
3,808.19
4806 LIBRARY ADULT SERVICES
4806.65630 BAKER & TAYLOR ADULT PRINT 732.26
4806.65630 BAKER & TAYLOR ADULT PRINT 116.68
4806.65630 BAKER & TAYLOR ADULT PRINT 1,159.19
4806.65630 BAKER & TAYLOR ADULT PRINT 561.61
4806.65630 BAKER & TAYLOR ADULT PRINT 61.95
4806.65630 BAKER & TAYLOR ADULT PRINT 85.61
4806.65630 BAKER & TAYLOR ADULT PRINT 2,318.94
4806.65641 BAKER & TAYLOR ADULT AND JUVINILE AV 77.12
4806.65641 BAKER & TAYLOR ADULT AND JUV AV 58.77
4806.65641 BAKER & TAYLOR ADULT AV 28.46
4806.65641 BAKER & TAYLOR ADULT AV 81.48
4806.65641 BAKER & TAYLOR ADULT AV 55.81
4806.65641 BAKER & TAYLOR ADULT AV 243.13
4806.65630 BAKER & TAYLOR ADULT PRINT 68.90
4806.65630 BAKER & TAYLOR ADULT PRINT 507.57
4806.65630 BAKER & TAYLOR ADULT PRINT 1,224.81
4806.65630 BAKER & TAYLOR ADULT PRINT 561.45
4806.65630 BAKER & TAYLOR ADULT PRINT 65.45
4806.65630 BAKER & TAYLOR ADULT PRINT 1,711.76
4806.65630 BAKER & TAYLOR ADULT PRINT 1,679.59
4806.65630 BAKER & TAYLOR ADULT PRINT 389.85
4806.65630 BAKER & TAYLOR ADULT PRINT 158.78
4806.65630 BAKER & TAYLOR ADULT PRINT 886.87
4806.65630 BAKER & TAYLOR ADULT PRINT 170.78
4806.65641 BAKER & TAYLOR ADULT AV 124.69
4806.65641 BAKER & TAYLOR ADULT AV 308.28
4806.65641 BAKER & TAYLOR ADULT AV 58.69
4806.65630 BRODART COMPANY ADULT PRINT 35.43
4806.65630 BRODART COMPANY ADULT PRINT 79.96
4806.65630 BRODART COMPANY ADULT PRINT 36.89
4806.65630 BRODART COMPANY ADULT PRINT 18.17
4806.65630 BRODART COMPANY ADULT PRINT 21.19
4806.65630 BRODART COMPANY ADULT PRINT 78.06
4806.65641 BAKER & TAYLOR ADULT AV 22.41
4806.65641 BAKER & TAYLOR ADULT AV 22.01
4806.65641 BAKER & TAYLOR ADULT AV 22.01
4806.65641 BAKER & TAYLOR ADULT AV 12.74
4806.65641 BAKER & TAYLOR ADULT AV 151.75
4806.65641 BAKER & TAYLOR ADULT AV 47.75
4806.65641 BAKER & TAYLOR ADULT AV 25.71
4806.65641 BAKER & TAYLOR ADULT AV 225.43
4806.65641 BAKER & TAYLOR ADULT AV 11.02
4806.65641 BAKER & TAYLOR ADULT AV 69.79
4806.65630 BOOK WHOLESALERS INC.JUV PRINT 17.16
4806.65630 BOOK WHOLESALERS INC.JUV PRINT 14.82
Page 39 of 454
CITY OF EVANSTON, ILR5504003B
BILLS LIST
02/28/12PERIOD ENDING
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
4806.65641 RECORDED BOOKS INC.ADULT AV 12.25
4806.65641 RANDOM HOUSE INC ADULT AV 6.00
4806.65630 FOUNDATION CENTER, THE LIBRARY BOOKS 995.00
4806.62341 CREATIVE EMPIRE LLC/ DBA MANGO 1/13-3/13 ONLINE LANGUAGES 3,700.00
4806.65630 BAKER & TAYLOR ADULT PRINT 963.34
4806.65630 BAKER & TAYLOR ADULT PRINT 100.17
4806.65630 BAKER & TAYLOR ADULT PRINT 1,408.98
4806.65630 BAKER & TAYLOR ADULT PRINT 322.72
4806.65630 BAKER & TAYLOR ADULT PRINT 286.70
4806.65630 BAKER & TAYLOR ADULT PRINT 2,222.41
24,428.35
4820 LIBRARY CIRCULATION
4820.52610 UNIQUE MANAGEMENT SERVICES COLLECTION CHARGES 268.50
268.50
4825 LIBRARY NORTH BRANCH
4825.62225 ALLEGRETTI RUG CO., INC.CARPET CLEANING 525.00
4825.64015 NICOR 0632 MONTHLY CHARGES 139.48
664.48
4835 LIBRARY TECHNICAL SERVICES
4835.62341 COOPERATIVE COMPUTER SERVICES LIBRARY COMPUTER SYSTEM 801.35
4835.65100 GENERAL BINDING CORP.LIBRARY SUPPLIES 118.35
4835.62341 COOPERATIVE COMPUTER SERVICES BLANKET PO - FY 2012 CCS 3,730.66
4835.62341 COOPERATIVE COMPUTER SERVICES LIBRARY COMPUTER SYSTEM 801.35
5,451.71
4840 LIBRARY MAINTENANCE
4840.62225 SIEMENS BLDG TECHNOLOGIES BLANKET PURCHASE ORDER 6,805.00
4840.62245 ALARM DETECTION SYSTEMS, INC. ALARM DETECTION 496.26
4840.62225 CINTAS #769 MAT SERVICE 62.34
7,363.60
4845 LIBRARY ADMINISTRATION
4845.65095 OFFICE DEPOT BLANKET ORDER LIBRARY 214.68
4845.65095 OFFICE DEPOT BLANKET ORDER LIBRARY 23.28
4845.65095 OFFICE DEPOT BLANKET ORDER LIBRARY 35.49
4845.65095 OFFICE DEPOT BLANKET ORDER LIBRARY 439.98
4845.61010 MIRIAM POLLACK AND ASSOCIATES CONSULTING EXPENSE 5,662.50
4845.64540 NEXTEL WIRELESS SERVICE 24.59
6,400.52
48,385.35
00190 HPRP GRANT FUND
4901 HPRP GRANTS
4901.63160 CONNECTIONS FOR THE HOMELESS HPRP SUPPORTIVE SERV.205.01
4901.63159 CONNECTIONS FOR THE HOMELESS HPRP SUPPORTIVE SERV.209.94
4901.63158 CONNECTIONS FOR THE HOMELESS HPRP SUPPORTIVE SERV.315.59
4901.63157 CONNECTIONS FOR THE HOMELESS HPRP SUPPORTIVE SERV.104.92
4901.63156 CONNECTIONS FOR THE HOMELESS HPRP SUPPORTIVE SERV.584.92
1,420.38
1,420.38
Page 40 of 454
CITY OF EVANSTON, ILR5504003B
BILLS LIST
02/28/12PERIOD ENDING
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
00195 NEIGHBOR.STABILIZATION PROGRAM
5005 NSP-GENERAL ADMINISTRATION
5005.65095 OFFICE DEPOT BLANKET PO FY12 BUS UNIT 5005 72.77
5005.65095 OFFICE DEPOT BLANKET PO FY12 BUS UNIT 5005 60.02
5005.65095 OFFICE DEPOT BLANKET PO FY12 BUS UNIT 5005 39.98
5005.65095 OFFICE DEPOT CREDIT TAPE RETURN 22.77-
150.00
5006 PROGRAM DELIVERY
5006.62205 AMERICAN MARKETING SERVICES, I NSP2 AD REIMB. DEC & JAN 606.83
5006.62490 HOUSING OPPORTUNITY DEVELOPMEN HOMEOWNER COUNSELING 7,000.00
7,606.83
7,756.83
00205 EMERGENCY TELEPHONE SYSTEM
5150 EMERGENCY TELEPHONE SYSTM
5150.64505 AT & T COMMUNICATION CHARGES 6,116.42
5150.64540 VERIZON WIRELESS (25505)WIRELESS SERVICE 2,812.51
5150.65085 RCM & ASSOCIATES EQUIPMENT 158.00
5150.64505 AT & T 8100 COMMUNICATION CHARGES 475.28
5150.64540 NEXTEL WIRELESS SERVICE 1,285.73
5150.65085 MOTOROLA SOLUTIONS, INC.COMMUNICATION CHARGES 1,307.13
12,155.07
12,155.07
00215 CDBG FUND
5205 TARGETED CODE ENFORCEMENT
5205.62770 ABG SERVICES, INC.CASE 08-0060 BOARD UP 200.00
5205.62770 ABG SERVICES, INC.CASE 06-0486 BOARD UP 230.00
430.00
5276 DISPOSITION
5276.62961 COMED MONTHLY CHARGES 30.94
30.94
460.94
00220 CD LOAN FUND
5280 SINGLE FAM REHAB PROGRAM
5280.62190 COOK COUNTY RECORDER OF DEEDS DOCUMENT CHARGES 860.00
5280.62190 COOK COUNTY RECORDER OF DEEDS DOCUMENT CHARGES 1,266.00
5280.65535 RAUL VASQUEZ BRICK & CEMENT *CASE SF1010-11 HOUSING REHAB 8,000.00
5280.65535 BART KROLL CONSTRUCTION, INC. CASE SF1 010-11 400 THAMES 1,680.00
5280.65535 RAUL VASQUEZ BRICK & CEMENT CASE SF1 010-11 1029 DARROW 1,200.00
5280.65525 J.C. LICHT AND COMPANY PAINT 015-11 815 MONROE 397.49
5280.65535 ZYDAN CONSTRUCTION, INC.CASE SF1 010-11 1029 DARROW 2,900.00
16,303.49
5282 2 UNIT OWNER OCCUP REHAB LOAN
5282.65525 J.C. LICHT AND COMPANY PAINT 021-11 2011 CHURCH 379.38
379.38
16,682.87
00225 ECONOMIC DEVELOPMENT FUND
Page 41 of 454
CITY OF EVANSTON, ILR5504003B
BILLS LIST
02/28/12PERIOD ENDING
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
5300 ECON. DEVELOPMENT FUND
5300.62660 ADVANCED CORPORATE AGENT SERVI RESEARCH CHURCH/DODGE 907.50
5300.62660 CORRADO CUTLERY CONSTRUCTION LOAN AGREEMENT 5,500.00
5300.62210 MUMM PRINT SHOP BUSINESS CARDS MEAGAN M JONES 19.00
6,426.50
6,426.50
00240 HOME FUND
5430 HOME FUND
5430.65535 HOUSING OPPORTUNITY DEVELOPMEN DRAW #1 131 CALLAN REHAB 17,563.91
17,563.91
17,563.91
00330 HOWARD RIDGE TIF
5860 HOWARD RIDGE TIF
5860.64015 NICOR 0632 MONTHLY CHARGES 82.75
5860.64015 NICOR 0632 MONTHLY CHARGES 269.00
5860.64015 NICOR 0632 MONTHLY CHARGES 314.00
5860.64015 NICOR 0632 MONTHLY CHARGES 513.69
5860.64015 NICOR 0632 MONTHLY CHARGES 64.01
1,243.45
1,243.45
00415 CAPITAL IMPROVEMENTS FUND
415175 CIVIC CTR RENOVATIONS
415175.62145 KLAUCENS & ASSOCIATES, INC.CIVIC CENTER FIRE PUMP DESIGN 1,100.00
1,100.00
415854 ALLEY PAVING - CITY SHARE
415854.65515 COOK COUNTY RECORDER OF DEEDS DOCUMENT CHARGES 342.00
342.00
416137 1817 CHURCH STREET
416137.65510 CHICAGO SCAFFOLDING, INC.CANOPY RENTAL 1817 CHURCH 245.00
245.00
1,687.00
00420 SPEC ASSESS CAP PROJECT FUND
6383 SPECIALL ASSESSMENT 1476
6383.56570 SUPERSAD, MARIA REIMB. WARRANT INTEREST 4.00
6383.56570 KUSANO, DONALD REFUND WARRANT INTEREST 40.00
44.00
6400 SPECIAL ASSESSMENT 1486
6400.56570 JONES, ALBERT K.REFUND WARRANT INTEREST 200.78
200.78
244.78
00505 PARKING SYSTEM FUND
7005 PARKING SYSTEM MGT
7005.64540 NEXTEL WIRELESS SERVICE 276.54
7005.62280 FEDERAL EXPRESS CORP.SHIPPING 18.65
7005.53445 BISNETT, RACHAEL REFUND TWO MONTHS-PERMITS 76.00
Page 42 of 454
CITY OF EVANSTON, ILR5504003B
BILLS LIST
02/28/12PERIOD ENDING
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
7005.51600 BISNETT, RACHAEL REFUND TWO MONTHS-PERMITS 24.00
7005.53465 KORKOS, PATRICE REFUND PARKING LOT 45 38.00
7005.62431 GARDA CL GREAT LAKES, INC.ARMOR CAR SERVICES 2,683.04
7005.62431 GARDA CL GREAT LAKES, INC.ARMORED CAR SERVICES 1,270.50
7005.53476 MCNEIL, CLAIRE REFUND PARKING LOT 53 36.00
4,422.73
7015 PARKING LOTS & METERS
7015.62245 TOTAL PARKING SOLUTIONS, INC. CMS MONITORING FEES 780.00
7015.64005 COMED UTILITIES 328.24
7015.64005 COMED UTILITIES 234.44
7015.68205 DUNCAN PARKING TECHNOLOGIES, I FREIGHT CHARGES-AC RENTALS 23.45
7015.65070 DUNCAN PARKING TECHNOLOGIES, I DUNCAN METER RATE CHANGE 2,400.00
7015.53500 COOK COUNTY COLLECTOR *PARKING TAX - JAN. 2012 240.00
7015.62245 TOTAL PARKING SOLUTIONS, INC. MAINTENANCE 1,360.00
7015.65070 IPS GROUP, INC.CREDIT CARD MAINTENACE 369.00
5,735.13
7025 CHURCH STREET GARAGE
7025.53500 COOK COUNTY COLLECTOR *PARKING TAX - JAN. 2012 2,123.75
7025.53515 SATURNINO RANGEL / HECTOR RANG ACCESS CARD REFUND 25.00
7025.53515 PINKOWSKI, RICH ACCESS CARD REFUND 25.00
7025.53515 MICHAEL MCNAMARA / INTERIOR EF ACCESS CARD REFUND 25.00
7025.53515 MCGOWAN, SCOTT ACCESS CARD REFUND 25.00
7025.53515 MASKATIYA, IQBAL ACCESS CARD REFUND 25.00
7025.53515 MACAULEY, MELISSA ACCESS CARD REFUND 25.00
7025.53515 MARSHALEK, DAVE ACCESS CARD REFUND 25.00
7025.53515 KALVAITIS, RAY ACCESS CARD REFUND 25.00
7025.53515 FISHER, WILLIAM ACCESS CARD REFUND 25.00
7025.53515 BOILEVE, GARRETT ACCESS CARD REFUND 25.00
7025.62509 REVCON TECHNOLOGIES, INC SERVICE CONTRACT MAINTENANCE 2,650.00
7025.65050 CHICAGO TRIBUNE ADVERTISEMENT FOR SHERMAN 704.00
7025.53515 YUKTONIS, STEVEN ACCESS CARD REFUND 25.00
7025.53515 BERTHOVNIEVY, PASCAL ACCESS CARD REFUND 25.00
7025.53515 FAHEY, MATTHEW ACCESS CARD REFUND 25.00
5,802.75
7036 SHERMAN GARAGE
7036.53515 PATON, VIRGINIA ACCESS CARD REFUND 25.00
7036.53515 TUIAANA, JOANNE ACCESS CARD REFUND 25.00
7036.53515 MCCELLAN, MICHELLE ACCESS CARD REFUND 25.00
7036.53515 BURMESTER, ELLEN ACCESS CARD REFUND 25.00
7036.53515 MOSCHEL, BONN ACCESS CARD REFUND 25.00
7036.53515 OLIVA, SERGIO ACCESS CARD REFUND 25.00
7036.53515 LAKE SHORE METAL RECYCLING ACCESS CARD REFUND 25.00
7036.53515 BASSETT, FRANCES ACCESS CARD REFUND 25.00
7036.53515 FALKENHAYN, ERIK ACCESS CARD REFUND 25.00
7036.53515 ALVERSON, ROBERT ACCESS CARD REFUND 25.00
7036.53515 RAMSEY, DAVID ACCESS CARD REFUND 25.00
7036.53515 COUGHLIN, COLLEEN ACCESS CARD REFUND 25.00
7036.53515 FISH, ARNOLD C/O LAKE SHORE ME ACCESS CARD REFUND 25.00
Page 43 of 454
CITY OF EVANSTON, ILR5504003B
BILLS LIST
02/28/12PERIOD ENDING
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
7036.53515 STRAUDER, ROBERT ACCESS CARD REFUND 25.00
7036.65050 GRAINGER, INC., W.W.CIRCULAR LAMPS 916.20
7036.62509 REVCON TECHNOLOGIES, INC.SERVICE CONTRACT MAINTENANCE 7,510.00
7036.53515 ADEYINKA, OLUWABUKOLA ACCESS CARD REFUND 25.00
7036.53515 BEDOL, DARRIN ACCESS CARD REFUND 25.00
7036.53515 COX, GRIFFIN ACCESS CARD REFUND 25.00
7036.53515 ELTON, CHRISTOPHER ACCESS CARD REFUND 25.00
7036.53515 GEER, CORRELIUS ACCESS CARD REFUND 25.00
7036.53515 GEREK, KIRSTEN ACCESS CARD REFUND 25.00
7036.53515 LEVINE, SASHA ACCESS CARD REFUND 25.00
7036.53515 HUZENIS, JAKE ACCESS CARD REFUND 25.00
7036.53515 MONGELUZZI, DEVON ACCESS CARD REFUND 25.00
7036.53515 PANHWAR, GUL ACCESS CARD REFUND 25.00
7036.53500 COOK COUNTY COLLECTOR *PARKING TAX - JAN. 2012 4,101.50
7036.64505 AT & T COMMUNICATION CHARGES 93.52
7036.62660 INLAND AMERICAN RETAIL MANAGEM MAINTENANCE-SHERMAN PLAZA 7,016.41
7036.68205 SIMPLEX GRINNELL REPAIR SERVICE CALL 653.00
7036.53515 GANNON, LINDSAY ACCESS CARD REFUND 25.00
20,915.63
7037 MAPLE GARAGE
7037.53515 U.S. CELLULAR ACCESS CARD REFUND 25.00
7037.68205 ROYAL ELECTRIC & ALARM SERVICE ALARM REPAIR 842.00
7037.53515 OSPINA, REBECCA J.ACCESS CARD REFUND 25.00
7037.53515 BANGASH, MUHAMMAD ACCESS CARD REFUND 25.00
7037.53515 MUTYAL, NIKHIL ACCESS CARD REFUND 25.00
7037.68205 ROYAL ELECTRIC & ALARM SERVICE ALARM REPAIR 294.00
7037.64015 NICOR 0632 UTILITIES 84.43
7037.53510 COOK COUNTY COLLECTOR *PARKING TAX - JAN. 2012 440.00
7037.53500 COOK COUNTY COLLECTOR *PARKING TAX - JAN. 2012 2,457.25
7037.62509 REVCON TECHNOLOGIES, INC. SERVICE CONTRACT MAINTENANCE 5,036.00
9,253.68
46,129.92
00510 WATER FUND
7100 WATER GENERAL SUPPORT
7100.65095 OFFICE DEPOT OFFICE SUPPLIES FOR FY 2012 45.65
7100.64540 NEXTEL WIRELESS SERVICE 186.41
7100.53575 FEDERAL EXPRESS CORP.SHIPPING 138.31
7100.62295 MEADE, ELEANORE REIMB. REGISTRATION/MILEAGE 44.96
7100.62210 FEDEX KINKO'S - CAS PRINTING - ADMINISTRATION 304.00
7100.62210 FEDEX KINKO'S - CAS PRINTING - ADMINISTRATION 105.78
7100.62210 FEDEX KINKO'S - CAS PRINTING - ADMINISTRATION 186.24
7100.53575 FEDERAL EXPRESS CORP.SHIPPING 137.87
1,149.22
7105 PUMPING
7105.62230 GIRARD CHEMICAL CO.BOILER CHEMICALS AND TESTING 1,450.00
7105.64540 NEXTEL WIRELESS SERVICE 147.54
Page 44 of 454
CITY OF EVANSTON, ILR5504003B
BILLS LIST
02/28/12PERIOD ENDING
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
7105.62230 LAKE ERIE DIVING, INC.Underwater Repairs on Intake 6,866.50
8,464.04
7110 FILTRATION
7110.64540 NEXTEL WIRELESS SERVICE 147.54
7110.62465 UNDERWRITERS LABORATORIES INC. 2012 LABORATORY TESTING 10.00
7110.62420 METROPOLITAN WATER RECLAIMATIO *Annual Sludge Disposal User 81,566.00
81,723.54
7115 DISTRIBUTION
7115.64540 NEXTEL WIRELESS SERVICE 337.85
337.85
7120 WATER METER MAINTENANCE
7120.64540 NEXTEL WIRELESS SERVICE 77.81
77.81
7125 OTHER OPERATIONS
7125.62340 HARRIS Harris Software (AQUAS) Yr. 4 37,229.22
7125.62340 HARRIS Harris Software (AQUAS) Escrow 1,500.00
38,729.22
130,481.68
00513 WATER-DEPR, IMPROV & EXTENSION
733048 FILTER REHAB ( #19-#24)
733048.62140 CDM SMITH, INC.ENGR SVCS FOR 1964 FILTER ADD 19,130.42
19,130.42
733067 SECURITY IMPROVEMENTS - WATER
733067.65515 DELL COMPUTER CORP.7 DELL OPTIPLEX 990 COMPUTERS 1,147.74
1,147.74
20,278.16
00515 SEWER FUND
7400 SEWER MAINTENANCE
7400.64540 NEXTEL WIRELESS SERVICE 210.86
210.86
7415 CAPITAL OUTLAY
7415.65625 O'LEARY'S CONTRACTORS LED SOLAR POWERED ARROW BOARD 3,995.00
3,995.00
4,205.86
00520 SOLID WASTE FUND
7685 REFUSE COLLECT & DISPOSAL
7685.62415 GROOT RECYCLING & WASTE SERVIC JAN 2012 RESIDENTIAL REFUSE 111,725.00
7685.62415 GROOT RECYCLING & WASTE SERVIC FEB 2012 RESIDENTIAL REFUSE 111,725.00
7685.62390 LAKESHORE WASTE SERVICES, LLC FEB 2012 CONDO REFUSE COLLECTION 31,416.67
7685.62390 LAKESHORE WASTE SERVICES, LLC JAN 2012 CONDO REFUSE COLLECTION 30,250.00
285,116.67
7690 RESIDENTIAL RECYCLING COL
7690.64005 COMED MONTHLY CHARGES 643.77
643.77
285,760.44
Page 45 of 454
CITY OF EVANSTON, ILR5504003B
BILLS LIST
02/28/12PERIOD ENDING
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
00600 FLEET SERVICES
7705 GENERAL SUPPORT
7705.64540 NEXTEL WIRELESS SERVICE 97.80
7705.65095 MIDWEST TIME RECORDER TIME CARDS 51.00
7705.62340 COMPUTERIZED FLEET ANALYSIS IN ANNUAL SERVICE AND SUPPORT 2,995.00
7705.65095 OFFICE DEPOT OFFICE SUPPLIES FLEET SERVICES 28.05
7705.65095 OFFICE DEPOT OFFICE SUPPLIES FLEET SERVICES 73.96
7705.65095 OFFICE DEPOT OFFICE SUPPLIES FLEET SERVICES 17.57
3,263.38
7710 MAJOR MAINTENANCE
7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES 134.00
7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES 124.00
7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES 81.00
7710.65060 SPRING ALIGN 4 WESTERN PLOW CYLINDERS 612.48
7710.65060 SPRING ALIGN DRUMS 856.94
7710.65060 STANDARD EQUIPMENT COMPANY PRESSURE SWITCH 75.69
7710.65060 STANDARD EQUIPMENT COMPANY CONTROL PUMP 130.84
7710.65060 SUNNYSIDE PARTS WAREHOUSE SENSOR RETURN 30.00-
7710.65060 SUNNYSIDE PARTS WAREHOUSE BRAKE PADS & OIL FILTERS 215.10
7710.65060 SUNNYSIDE PARTS WAREHOUSE MIRROR 92.40
7710.65060 SUNNYSIDE PARTS WAREHOUSE THROTTLE SENSOR 77.15
7710.65060 SUNNYSIDE PARTS WAREHOUSE OIL PAN & GASKET 209.20
7710.65060 SUNNYSIDE PARTS WAREHOUSE SWITCH 27.69
7710.65060 SUNNYSIDE PARTS WAREHOUSE BRAKE PARTS 322.68
7710.65060 SUNNYSIDE PARTS WAREHOUSE DOOR HANDLE 77.00
7710.65065 TREDROC TIRE SERVICES / ANTIOC 4 NEW TIRES 2,600.00
7710.65060 VERMEER MIDWEST AXLE PARTS 136.90
7710.65060 VERMEER MIDWEST BRAKE/HUB REPLACEMENTS 990.82
7710.65060 WARREN'S SHELL SERVICE MOTORCYCLE FUEL 237.69
7710.65065 WENTWORTH TIRE SERVICE 2 NEW TIRES 468.40
7710.65065 WENTWORTH TIRE SERVICE 2 TIRES 202.60
7710.65065 WENTWORTH TIRE SERVICE 2 TIRES 1,121.98
7710.65065 WENTWORTH TIRE SERVICE 3 NEW AMBULANCE TIRES 1,538.40
7710.65060 WEST SIDE TRACTOR OUTSIDE REPAIR 4,371.10
7710.65060 WEST SIDE TRACTOR LIGHTING & WIPER BLADES 451.74
7710.65060 WEST SIDE TRACTOR BULBS & BLADES 126.39
7710.65060 WEST SIDE TRACTOR WIPER BLADES 38.92
7710.65060 WEST SIDE TRACTOR CUTTING EDGE 792.78
7710.65060 WHOLESALE DIRECT INC HEAD LIGHT & LENSE 81.26
7710.65060 WHOLESALE DIRECT INC 44 WIPER BLADES 190.74
7710.65060 WHOLESALE DIRECT INC 40 WIPER BLADES 210.66
7710.65060 WHOLESALE DIRECT INC 46 WIPER BLADES 202.52
7710.65060 WHOLESALE DIRECT INC 4 STROBE LIGHT 99.76
7710.65060 ZEIGLER CHEVROLET-SCHAUMBURG L W.W. PUMP 44.55
7710.65060 ZEIGLER CHEVROLET-SCHAUMBURG L W.W. GROMMETS 16.88
7710.65060 ZEP MANUFACTURING COMPANY HAND CLEANER 279.81
7710.65060 EVANSTON CAR WASH & DETAIL CEN 6 CARWASHES 59.94
7710.65060 FREEWAY FORD TRUCK SALES BLOW MOTOR SWITCH 47.07
7710.65060 FREEWAY FORD TRUCK SALES RADIATOR HOSE 32.13
Page 46 of 454
CITY OF EVANSTON, ILR5504003B
BILLS LIST
02/28/12PERIOD ENDING
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
7710.65060 FREEWAY FORD TRUCK SALES FUEL PRIMER LIFT PUMP 108.72
7710.65060 FREEWAY FORD TRUCK SALES 2 FUEL CONTROL RODS 183.46
7710.65060 GOLF MILL FORD 2 SWING ARM ASSYM.178.07
7710.65060 GOLF MILL FORD NEW HORN ASSYM 84.81
7710.65060 GOLF MILL FORD STARTER 267.70
7710.65060 GOLF MILL FORD TENSIONER 86.62
7710.65060 GOLF MILL FORD 2 BRAKE PADS 127.20
7710.65060 GOLF MILL FORD TUNE UP PARTS 123.50
7710.65060 GOLF MILL FORD BRAKE PARTS 369.60
7710.65060 GOLF MILL FORD BRAKE PARTS 224.65
7710.65060 GOLF MILL FORD SCREWS 40.62
7710.65060 GOLF MILL FORD OUTSIDE ENGINE REPAIR 2,158.65
7710.65060 GOLF MILL FORD OUTSIDE REPAIR 57.60
7710.65060 GOLF MILL FORD OUTSIDE REPAIR 341.99
7710.65060 GOLF MILL FORD OUTSIDE REPAIR 664.27
7710.65060 GOLF MILL FORD OUTSIDE REPAIR 231.78
7710.65060 GOLF MILL FORD OUTSIDE REPAIR 431.40
7710.65060 GOLF MILL FORD CREDIT BAR FRONT RETURN 96.77-
7710.65060 GOLF MILL FORD RETURN ROTOR ASSYM.186.62-
7710.65060 GOLF MILL FORD PARTS RETURN 356.52-
7710.65060 GOLF MILL FORD CREDIT SHOCK ASBORBER RETURN 49.96-
7710.65060 GOLF MILL FORD CORE RETURN 75.00-
7710.65060 GOLF MILL FORD TUNE UP PARTS 193.21
7710.65060 GRAINGER, INC., W.W.LIGHTING SUPPLIES 85.02
7710.65060 GROVER WELDING COMPANY HOPPER 628 REPAIR 1,220.40
7710.65060 GROVER WELDING COMPANY PLOW A-FRAME WELD REPAIR 915.21
7710.65060 HAVEY COMMUNICATIONS INC.FEDERAL SIGNAL MICROPHONE 122.90
7710.65060 INLAND POWER GROUP OUTSIDE REPAIR 47.31
7710.62240 INTERSTATE BATTERY OF NORTHERN 24 - AA BATTERIES 23.38
7710.65060 INTERSTATE BATTERY OF NORTHERN 2 BATTERIES 185.90
7710.65060 INTERSTATE BATTERY OF NORTHERN BATTERIES 272.85
7710.65060 1ST AYD CORP.WINDSHIELD WASHER SOLVENT 347.54
7710.65035 KELLER HEARTT CO, INC.BULK OIL 3,368.00
7710.65060 LAKE/COOK C.V. JOINTS INC 2 OUTSIDE FRONT AXEL REPAIRS 230.00
7710.65060 LAWSON PRODUCTS, INC.MISC. HARDWARE 328.06
7710.62240 LEMOI HARDWARE SHOP TOOL 39.99
7710.65060 MONROE TRUCK EQUIPMENT ELECTRICAL BOX ASSYM 251.68
7710.65060 MONROE TRUCK EQUIPMENT LIGHT BOX 102.96
7710.65060 MORTON GROVE AUTOMOTIVE MECHANICAL SIREN 295.00
7710.65060 NORTH SHORE TOWING TOW & HOOK 65.00
7710.65060 NORTH SHORE TOWING TOW & HOOK 85.00
7710.65060 NORTH SHORE TOWING TOW & HOOK 95.00
7710.65060 NORTH SHORE TOWING TOW & HOOK HEAVY DUTY 917.00
7710.65035 PALM PETROLEUM, LLC BULK OIL & ANTIFREEZE 1,020.00
7710.65060 PATTEN INDUSTRIES WIPER SWITCH 39.70
7710.65060 PATTEN INDUSTRIES LIGHTING PARTS 26.88
7710.65060 PATTEN INDUSTRIES LENS 34.58
7710.65060 PATTEN INDUSTRIES LAMP RETURN 21.28-
7710.65065 POMP'S TIRE SERVICE, INC.1 TRUCK TIRE REPAIR 79.00
7710.65065 POMP'S TIRE SERVICE, INC.2 TIRE MOUNTINGS 92.50
Page 47 of 454
CITY OF EVANSTON, ILR5504003B
BILLS LIST
02/28/12PERIOD ENDING
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
7710.65065 POMP'S TIRE SERVICE, INC.1 TRACTOR TIRE REPAIR 30.00
7710.65065 POMP'S TIRE SERVICE, INC.2 TIRE RECAPS 406.68
7710.65065 POMP'S TIRE SERVICE, INC.1 NEW TIRE 282.68
7710.65065 POMP'S TIRE SERVICE, INC.TIRE REPAIRS 366.16
7710.65060 R.A. ADAMS ENTERPRISES INC,SNOW PLOW PARTS 1,607.80
7710.65060 R.A. ADAMS ENTERPRISES INC,2 SNOW PLOW PUMPS REPAIRS 748.25
7710.65060 SIGLER'S AUTOMOTIVE & BODY SHO OUTSIDE REPAIR 2,071.84
7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES 116.00
7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES 124.00
7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES 140.00
7710.65035 WORLD FUEL SERVICES, INC./TEXO FUEL PURCHASES 22,456.34
7710.65035 WORLD FUEL SERVICES, INC./TEXO FUEL PURCHASES 24,498.79
7710.65035 WORLD FUEL SERVICES, INC./TEXO FUEL PURCHASES 26,743.50
7710.65060 A & A TRANSMISSION CORP.OUTSIDE TRANSMISSION REPAIR 2,967.92
7710.65060 A & A TRANSMISSION CORP.OUTSIDE TRANSMISSION REPAIR 1,843.42
7710.65060 A & A TRANSMISSION CORP.OUTSIDE TRANSMISSION REPAIR 578.25
7710.65060 AETNA TRUCK PARTS, INC.AIR FILTERS 104.62
7710.65060 AETNA TRUCK PARTS, INC.SALT SPREADER MOTOR 160.00
7710.65060 AETNA TRUCK PARTS, INC.4 - CLEVIS BRAKE KITS 53.74
7710.65060 AETNA TRUCK PARTS, INC.BRAKES 258.69
7710.65060 AETNA TRUCK PARTS, INC.AIR DRYER 179.00
7710.65060 AETNA TRUCK PARTS, INC.6 - OIL FILTERS 243.74
7710.65060 AETNA TRUCK PARTS, INC.DIESEL FUEL CLEANER 86.04
7710.65060 AETNA TRUCK PARTS, INC.SWITCH BOOT 38.47-
7710.65060 CARQUEST EVANSTON STEERING DAMPER CYL.57.71-
7710.65060 CARQUEST EVANSTON CREDIT PIGGYBACK KIT/STABILIZE 178.61-
7710.65060 CARQUEST EVANSTON 6 - HYDR. FITTINGS 28.02
7710.65060 CARQUEST EVANSTON COURTESY LAMP 5.94
7710.65060 CARQUEST EVANSTON 8 - HYDR. FITTINGS 89.31
7710.65060 CARQUEST EVANSTON 8 - HYDR. FITTINGS 82.32
7710.65060 CARQUEST EVANSTON EXTRUDER U NUT 11.50
7710.65060 CARQUEST EVANSTON AIR FILTERS 11.48
7710.65060 CARQUEST EVANSTON OIL SEAL 24.78
7710.65060 CARQUEST EVANSTON COOLANT HOSES 43.38
7710.65060 CARQUEST EVANSTON FUEL/OIL FILTERS 51.19
7710.65060 CARQUEST EVANSTON NEW WATER PUMP 33.19
7710.65060 CARQUEST EVANSTON SHOP DROP LIGHT 35.19
7710.65060 CARQUEST EVANSTON FUEL FILTER 4.89
7710.65060 CARQUEST EVANSTON FUEL FILTER 4.89
7710.65060 CARQUEST EVANSTON SWITCH DOOR JAM 5.49
7710.65060 CARQUEST EVANSTON RETURN CURVED HOSE 53.54-
7710.65060 CARQUEST EVANSTON AUTO TENSIONER/PULLEY 45.68
7710.65060 CARQUEST EVANSTON 2 BRAKE CHAMBERS 120.00
7710.65060 CARQUEST EVANSTON STARTER 222.72
7710.65060 CARQUEST EVANSTON HALOGEN SEALED BEAM 15.38
7710.65060 CARQUEST EVANSTON HALOGEN SEALED BEAM 15.38
7710.65015 CERTIFIED LABORATORIES CHEMICALS 2,957.58
7710.65060 CERTIFIED LABORATORIES PREMALUBE RED 565.89
7710.65060 CHICAGO INTERNATIONAL TRUCKS, FUEL TANK REPLACEMENT 2,112.75
7710.65060 CHICAGO INTERNATIONAL TRUCKS, 2 FUEL TANK SUPPORTS 382.41
Page 48 of 454
CITY OF EVANSTON, ILR5504003B
BILLS LIST
02/28/12PERIOD ENDING
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
7710.65060 CHICAGO INTERNATIONAL TRUCKS, RADIO/HARNESS 182.97
7710.65060 CHICAGO INTERNATIONAL TRUCKS, RADIO/HARNESS 18.66
7710.65060 CHICAGO INTERNATIONAL TRUCKS, WATER PUMP 157.71
7710.65060 CHICAGO PARTS & SOUND, LLC 8 ROTORS 554.94
7710.65060 CHICAGO PARTS & SOUND, LLC 4 ROTOR ASSYM.257.07
7710.65060 CHICAGO PARTS & SOUND, LLC PROCESSOR 340.57
7710.62355 CINTAS #22 UNIFORM CLEANING 113.52
7710.62355 CINTAS #22 UNIFORM CLEANING 113.52
7710.62355 CINTAS #22 UNIFORM CLEANING 133.92
7710.62355 CINTAS #769 MAT SERVICE 152.90
7710.62355 CINTAS #769 MAT SERVICE 152.90
7710.65035 CITY WELDING SALES & SERVICE I 60 LBS. PROPANE 121.30
7710.65035 CITY WELDING SALES & SERVICE I 100 LBS. PROPANE 181.50
7710.65035 CITY WELDING SALES & SERVICE I 2 CYLND. PROPANE 129.50
7710.65035 CITY WELDING SALES & SERVICE I CYLND. RENTAL ACETYLENE 81.48
7710.65035 COUNTRY GAS CO.CYLND. RENTAL 29.95
7710.65060 CUMBERLAND SERVICENTER TIE ROD ASSYM.180.34
7710.65060 CUMBERLAND SERVICENTER WHEEL SEAL 103.38
7710.65060 CUMMINS N POWER, LLC.OUTSIDE REPAIR 601.89
7710.65060 E. J. EQUIPMENT, INC.OUTSIDE REPAIR 8,802.87
137,747.15
7720 CAPITAL OUTLAY
7720.65550 PIONEER PRESS ADVERTISEMENT FOR BID 12-104 68.80
68.80
141,079.33
00605 INSURANCE FUND
7801 EMPLOYEE BENEFITS
7801.66054 SENIORS CHOICE INSURANCE PREMIUM-FEB 2012 1,649.05
1,649.05
1,649.05
00705 POLICE PENSION FUND
8100 POLICEMEN'S PENSION
8100.61755 NORTHWESTERN MEMORIAL CORPORAT *IME MEDICAL EVALUATION 1,635.00
1,635.00
1,635.00
Page 49 of 454
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
Supplemental Bills List Attachment
Insurance
Various Various Casualty Loss 3,690.00
Various Various Worker's Comp 6,016.26
Various Various Casualty Loss 932.19
Various Various Worker's Comp 6,614.44
17,252.89
Sewer
7621.68305 IEPA Loan Disbursement Sewer Imp 128,528.36
128,528.36
Various
Various Comed Utilities Replaces Check 385283 39,378.29
100.41340 Director, Illinois State Police Seized Funds Replaces Check 385283 19,038.00
58,416.29
204,197.54
Grand Total 1,218,581.97
Prepared by Date
Approved by Date
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 02/28/2012
Page 50 of 454
For City Council meeting of February 27, 2012 Item A3.1
Business of the City by Motion: Roof Replacement at Police/Fire HQ
For Action
To: Honorable Mayor, Members of the City Council and Members
of the Administration and Public Works Committee
From: Douglas J. Gaynor, Director of Parks, Recreation & Community Services
Richard Eddington, Chief of Police
Paul D’Agostino, Superintendent of Parks, Forestry & Facilities
Stefanie Levine, Assistant Superintendent of Parks, Forestry & Facilities
Subject: Recommendation for Professional Evaluation and Design Services for the
Roof Replacement at Police/Fire Headquarters (RFP 12-103)
Date: February 27, 2012
Recommended Action:
Recommend contract award of roofing evaluation and design services for the Roof
Replacement Project at the Police/Fire Headquarters to McGuire Igleski & Associates,
Inc. located at 1330 Sherman Avenue, Evanston, Illinois at a total cost of $21,531.60.
Funding Source:
FY 2012 CIP Account #415739: $400,000
Summary:
The roof of the Police/Fire Headquarters is divided into ten sections. Over the past 14
years, all sections except the southwest roof (roof area 9) have been replaced. Roof
area 9 currently has a ballasted roof system which is actively leaking at multiple
locations. Due to the ballast, it has not been possible to pinpoint the sources of the
leaks. The roofing membrane is also showing stress at its perimeter attachment,
indicating possible failure in the near future. Additionally, the Police/Fire Headquarters
northernmost roof (roof area 2) leaked in 2010 and as a result the insulation under this
roof has likely absorbed water. The suspected wet materials under roof area 2 have
likely resulted in a loss in insulating value for the building as well as potential
deterioration of the concrete deck.
Roof design requires expertise and thorough knowledge of these complex systems.
Therefore, Parks, Recreation and Community Services (PRCS) requested proposals
Memorandum
Page 51 of 454
from architectural and roofing consultants to investigate, evaluate and design roof
replacement and repair documents for the two roof areas described above.
On January 31, 2012, the Purchasing Department received proposals from six
professional consulting firms as noted below using the Request for Proposal solicitation
process:
Consultant Address
Mac Brady Associates, Inc. 305 West Hillgrove Ave., La Grange, IL. 60525
Building Technology Associates 21850 Greenfield Road, Oak Park, MI 48237
Johnson Lasky Architects 180 North Michigan Ave., Chicago, IL. 60601
McGuire Igleski & Associates 1330 Sherman Avenue, Evanston IL 60201
Industrial Roofing Services, Inc. 13000 West Silver Spring Drive, Butler, WI. 53007
Building Technology Consultants,
PC 1845 E. Rand Road, Arlington Heights, IL. 60004
A committee was developed to review and evaluate the proposals consisting of the
following members: Jewell Jackson/Purchasing, Jeffrey Jamraz/Police Dept., Walter
Hallen/Economic & Community Development, Stefanie Levine/PRCS and Anil
Khatkhate/PRCS. Each committee member individually reviewed the proposals based
on evaluation criteria outlined in the project’s Request for Proposal as stated below:
1. Qualifications and Expertise (15%): Qualifications and experience of
consultants/personnel assigned to contract, number of similar projects completed
under which services similar in scope, size or discipline to the required services
were performed or undertaken, and the manner in which they were completed.
2. Project Approach (15%): Consultant’s narrative understanding of project goals
and proposed action.
3. Costs for Services (30%): Proposed fees as outlined in the projects’ fee proposal.
4. Organization & Completeness of Proposals (10%): Organizing a team of
professionals and providing their expertise and experience.
5. Willingness to execute C.O.E. Standard Agreement (10%): Review and
willingness to execute City’s standard agreement.
6. M/W/EBE Participation (10%): Proposed utilization of M/W/EBEs in completing a
portion of the services required.
7. Adherence to Schedule (10%): Ability to work within the schedule to complete
project.
Following individual review of the proposals, the committee met to discuss their findings
and scores for each consulting team. During the discussion the committee determined
that McGuire Igleski & Associates, Inc. (MIA) was the highest ranked consultant. MIA
successfully performed consulting services for the City recently on the Lorraine H.
Morton Civic Center Roof Replacement Project. MIA is using the same team of
subconsultants who worked on the Civic Center project including Wiss, Janney, Elstner
Associates, Inc. and Illinois Roof Consulting, Inc., both of which are highly experienced
Page 52 of 454
and qualified for this project. The committee therefore recommends that MIA be
awarded this work based on their previous experience with similar projects,
demonstrated understanding of the project, high level of expertise and perceived ability
to effectively communicate and problem solve.
Committee scoring for the firms was as follows:
Consultant Fee
Proposal
Qual. &
Expertise
(15)
Project
Approach
(15)
Cost
(30)
Proposal
Complete
(10)
Contract
(10)
M/W/EBE
(10)
Schedule
(10)
Total
(100)
McGuire $21,531.60 15 14 24 8 5 10 10 86
Industrial $16,420.00 13 12 27 7 9 1 10 79
BTA $29,711.00 12 11 15 9 10 6 10 73
Mac Brady $29,170.00 11 12 17 7 9 10 5 71
BTC $50,300.00 14 12 8 10 9 2 10 65
Johnson
Lasky $47,700.00 7 2 7 3 2 1 2 24
The RFP procedure allows staff to evaluate prospective consultants based on their
perceived competence and expertise relative to the proposed project, the innovative
nature of their work, their past record in performing similar work and their ability to work
with staff.
Based on the scoring results the review committee recommends award of the subject
project to MIA at a total cost of $21,531.60. Of all RFP respondents, the committee felt
that MIA demonstrated the highest degree of overall expertise relative to this project
and would provide the required services at the best overall value to the City. A copy of
MIA’s fee proposal is attached for your reference. MIA is an Evanston Business
Enterprise (EBE) and Women Business Enterprise (WBE), thus meeting the City’s
M/W/EBE participation goal of 25% (see attached M/W/EBE memo for additional
information).
A breakdown of proposed funding for this project is as follows:
Item Amount
CIP Funding (#415739) $400,000.00
Expenses / encumbrances to date -$649.00
Recommended Award -$21,531.60
Remaining Balance $377,819.40
Please note the remaining balance will be used to fund project construction, currently
planned for late summer 2012.
-------------------------------------------------------------------------------------
Attachments:
MWEBE Memo
Fee Proposal
Page 53 of 454
Page 54 of 454
Page 55 of 454
For City Council meeting of February 27, 2012 Item A3.2
Business of the City by Motion: Contract for Granular Materials
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: David Stoneback, Utilities Director
Lara Biggs, Superintendent – Construction & Field Services
Subject: 2012 Granular Materials (Bid 11-57)
Date: February 1, 2012
Recommended Action:
Staff recommends that City Council authorize the City Manager to execute a 1-year
extension to the contract for the purchase of Granular Materials (Bid 11-57) with G&L
Contractors, Inc. (7401 N. St. Louis Avenue, Skokie, IL 60076) in the amount of
$35,850, a 0% increase in cost from the previous year. Funding provided from the
Water Fund and the Sewer Fund.
Funding Source:
Funding for FY 2012 will be as follows:
Water Fund (Account 7115.65055) $30,000
Sewer Fund (Account 7400.65055) $18,000
These two accounts have a total of $48,000 budgeted for FY 2012.
Summary:
The Granular Materials contract provides for the purchase of bulk granular materials for
use by the Water & Sewer Division. The materials being purchased are used in
conjunction with the maintenance and repair of the water distribution and sewer
conveyance systems throughout the City of Evanston.
On March 8, 2011, the City Council awarded the contract for granular materials to G&L
Contractors. The contract price for the first year was $35,850.00. The contract term
was one year, with an option to extend the contract for one additional one-year term if
the City and the contractor are able to reach a mutually acceptable price for the
additional extension periods, and the City has found the contractor’s job performance to
be acceptable.
Memorandum
Page 56 of 454
In January 2012, staff solicited pricing from G&L to provide granular materials under the
one-year contract extension. G&L returned with a 0% price increase. Because the cost
of the granular materials contract is heavily influenced by the cost of diesel fuel, and the
cost of diesel fuel has increased approximately 34% over the last year (according to the
U.S. Department of Energy Information Administration), this 0% price increase should
be favorable for the City.
G&L Contractors has been responsive to work with. Their work during the first year of
the contract has been excellent.
The bid tabulation from the initial contract award is attached. A letter verifying G&L
Contractors’ pricing for the contract extension is also attached.
The M/W/EBE requirement for the original contract was waived. A memo from the
Small Business Development Coordinator is attached.
Attachments:
Bid Tabulation for Bid 11-57, 2011 Granular Materials
Pricing verification from G&L Contractors dated January 25, 2012
Business Development Coordinator Memorandum dated October 12, 2011
Page 57 of 454
EXHIBIT A
Summary of Bids
2011 Granular Materials, Bid No. 11-57
G & L Contractors G & M Trucking
Bid
Item Description
Estimated
Quantity Units
Unit
Price
Extended
Price
Unit
Price
Extended
Price
1 Crushed Limestone, Grade 8: CA-6 2,000 ton $14.25 $28,500.00 $14.25 $28,500.00
2 Wash Stone: CA 7/11 (3/4”) 50 ton $17.00 $ 850.00 $18.75 $ 937.50
3 Fine Aggregate Sand: FA-6 500 ton $13.00 $ 6,500.00 $14.00 $ 7,000.00
Total $35,850.00 $36,437.50
Page 58 of 454
Page 59 of 454
Page 60 of 454
For City Council meeting of February 27, 2012 Item A3.3
Business of the City by Motion: High Lift Pump Station Window Replacement
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: David Stoneback, Utilities Director
Lara Biggs, Superintendent – Construction & Field Services
Subject: 2012 High Lift Pump Station Window Replacement (Bid 12-19)
Date: February 17, 2012
Recommended Action:
Staff recommends that City Council authorize the City Manager to execute a contract for
the 2012 High Lift Pump Station Window Replacement (Bid No. 12-19) with
G.A.Johnson & Son (828 Foster Street, Evanston, IL) in the amount of $56,000.00.
Funding Source:
Funding for this work will be from the Water Fund, Account 733119.65515. This capital
improvement account has a budget of $110,000 for this project. This project is partially
funded with $62,010 that was withheld from payment to the contractor that negligently
damaged the windows during a tuckpointing contract.
Summary:
In 2009, the City Council approved a contract to provide tuckpointing repairs to the High
Lift Pump Station and other buildings located at the Evanston Water Utility. In 2010,
during the completion of the tuckpointing, an acid wash solution used by the contractor
damaged the anodized aluminum finish and glass on windows at the High Lift Pumping
Station. While trying to resolve the outstanding project issues with the contractor, staff
withheld the final payment of $62,010 due to the contractor. Because the lowest bid
price for the window replacement is less than $62,010, this project will be entirely
funded by the payment withheld from the contractor on the tuckpointing project.
Facilities Management staff completed the design and will assist with monitoring the
window replacement.
The project was advertised for bid on January 5, 2012 in the Evanston Review and on
Demandstar. Bids were opened and publicly read on February 7, 2012. Three bids
were received. The contractors submitting the bids were as follows:
Memorandum
Page 61 of 454
Contractor Address
Bulley & Andrews, LLC 1755 W. Armitage Avenue, Chicago, IL
G.A.Johnson & Son 828 Foster Street, Evanston, IL
Replacement Window Systems 3900 W. 159th Place, Markham, IL 60428
The submitted bids cannot be withdrawn or canceled for a period of sixty (60) calendar
days following the bid opening, or until April 7, 2012. The bids were reviewed by Sean
Ciolek, Project Manager – Facilities Management.
Below is a bid tabulation summary showing the bid result from the vendors that
submitted bids.
Pricing Summary:
Contractor Bid
G.A.Johnson & Son $56,000.00
Replacement Window Systems $61,700.00
Bulley & Andrews, LLC $81,206.00
A review of the contractor’s compliance with the M/W/EBE goal of 25% was conducted
and G.A.Johnson & Son was found to be in compliance. A memo from the Business
Development Coordinator is attached.
The City has worked with G.A.Johnson & Son on other projects and has found their
work to be satisfactory.
Attachments:
Business Development Coordinator Memorandum dated February 10, 2012.
Page 62 of 454
Bid No 12-19, 2012 High Lift Pumping Station Window Replacement Project, M/W/EBE Compliance Approval, G.A.
Johnson & Son, 2-10-11
To: Dave Stoneback, Director of Utilities
From: Joseph McRae, Deputy City Manager
Subject: Bid No. 12-19, 2012 High Lift Pumping Station Window
Replacement Project
Date: February 10, 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. However,
Evanston-based business enterprises (EBE) performing as general contractors
such as G.A. Johnson & Son meet all phases of compliance, i.e., initial, interim
and final.
G.A. Johnson & Son’s total base bid is $56,000.00 and will receive 100% credit.
Name of M/W/EBE Scope of
Work
Contract
Amount
% MBE WBE EBE
G.A. Johnson & Son,
828 Foster St,
Evanston, IL 60201
Primary
Contractor
$56,000.00 100% x
Total M/W/EBE $56,000.00 100%
Cc: Marty Lyons, Assistant City Manager/CFO
Jewell Jackson, Purchasing & Contracts Manager
Memorandum
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For City Council meeting of February 27, 2012 Item A3.4
Business of the City by Motion: Phase III Sheridan Road Construction Engineering
Contract
For Action
To: Honorable Mayor and Members of the City Council
Members of the Administration & Public Works Committee
From: Suzette Robinson, Director of Public Works
Sat Nagar, P.E., Senior Engineer, Engineering Division
Subject: Contract award for Construction Engineering Services for the Sheridan
Road Signal Modernization Project (Chicago to Central) (RFQ 10-91)
Date: February 15, 2012
Recommended Action:
Staff recommends that the City Council authorize the City Manager to execute a
contract with Stanley Consultants Ltd., (8501 West Higgins Road, Suite 730, Chicago,
IL 60631), in the not to exceed amount of $90,933 to provide the phase III construction
engineering services.
Funding Source:
Funding for this project will be from the Capital Improvement Fund (415871) in the
amount of $90,933. The total budgeted amount for the project is $411,000 of which
$100,000 was dedicated for phase III construction engineering services.
Summary
A Request for Qualifications (10-91) was issued in March of 2010 to provide phase II
and phase III engineering services to modernize signals on Sheridan Road from
Chicago Ave. to Central Street. The submittals were reviewed by the selection team of
consisting of public works staff: Paul Schneider, Sat Nagar and Tom Twigg and Jewell
Jackson, City Purchasing and contracts manager. The submittals were reviewed based
on completeness, understanding and approach, qualifications, key technical staff and
experience on similar projects. Stanley Consultants was initially selected for the Phase
II design engineering services and after successful completion is recommended by the
team to be awarded the phase III construction engineering services. They have
provided quality service and on-time performance within budget for previous projects
with the City. Staff recommends for reasons of continuity and familiarity that Stanley
Consultants now continue with providing the phase III construction engineering
services. Stanley Consultants are satisfying the M/W/EBE goal by having Infrastructure
Engineering Incorporated (certified MBE Firm) and Rubino Engineering (certified DBE
Memorandum
Page 64 of 454
Firm) as sub-consultants. The total value of the estimated M/W/EBE subcontracted
work is 15.34% of the total contract amount.
History:
The City of Evanston took over the jurisdiction of Sheridan Road from South Blvd. to
Isabella Street on December 24, 2008. The City submitted a request for Surface
Transportation Program Funds through the NSCM for the Sheridan Road traffic signal
modernization project during the 2006 North Shore call for projects. The Council of
Mayors approved $145,343 for phase II design engineering services in September
2009. The City also submitted a Chicago Metropolitan Agency for Planning (CMAP)
application for Congestion Mitigation Air Quality (CMAQ) funds for construction in
January 2009. In November 2009, CMAP approved construction funding in the amount
of $674,000 to modernize and interconnect the existing Sheridan Road signals between
Chicago Avenue and Central Street.
The City engineering staff completed the phase I engineering for this signal project and
received phase I design approval from the Illinois Department of Transportation (IDOT)
in March 2010, allowing the City to proceed with the phase II design. The phase II
design was completed in the July 2011. The phase II plans were completed and
submitted to the Illinois Department of Transportation (IDOT) for letting. The plans have
been approved by IDOT – District 1 and the project was let in November 2011.
Construction will start in June 2012.
Legislative History:
The City Council approved Resolution 41-R-07 on July 12, 2007 authorizing the City
Manager to execute a Letter of Intent with IDOT for the jurisdictional transfer of
Sheridan Road between South Blvd. and Isabella Street. Then, on March 24, 2008, the
City Council approved Ordinance 40-O-08 authorizing the jurisdictional transfer of
Sheridan Road between South Blvd. and Isabella Street. Ownership of the roadway
was transferred to the City on December 24, 2008. With this transfer, the City owns all
of Sheridan Road between South Blvd. and the Village of Wilmette. The City Council
awarded the phase II design engineering contract to Stanley Consultants at the May 24,
2010 City Council meeting.
Attachments:
Location Map
M/W/EBE Memo
Stanley Consultants Construction Agreement
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2/15/2012
This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information.
SheridanRoadSignals.mxd
City of Evanston Department of Public Works
Project Location
Main Road
Local Street
Railroad
Water
City Boundary
0 0.5 10.25
Mile
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RFQ # 10-91 Sheridan Road Signal Modernization Project (Chicago to Central) - Contract award for Construction
Engineering Services, Stanley Consultants Ltd, MWEBE Compliance 2-16-12
To: Sat Nagar, Senior Engineer, Public Works
From: Joseph McRae, Deputy City Manager
Subject: RFQ No.10-91, Sheridan Road Signal Modernization Project
(Chicago to Central) - Contract award for Construction Engineering
Services
Date: February 16, 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 professional/consulting
services utilize M/W/EBEs to perform no less than 15% of the awarded contract.
Stanley Consultants Ltd contract to provide phase III construction engineering
services for the Sheridan Road Signal Modernization project (Chicago to Central)
is in compliance with the City’s MWEBE goal of 15% for professional services.
Stanley Consultants Ltd.’s total base bid is $90,933.00 and will receive credit for
subcontracting 15% to meet the M/W/EBE goal.
Name of M/W/EBE Scope of
Work
Contract
Amount
% MBE DBE
Staley Consultants Ltd., (8501
West Higgins Road, Suite 730,
Chicago, IL 60631)
Prime
Contractor
$73,648 81%
Infrastructure Engineering
Incorporated (33 West Monroe,
Suite 1540 Chicago, IL 60603)
Sub-
contractor
$10,261 11% X
Rubino Engineering –
(Disadvantaged Business
Enterprise) (665 Tollgate Rd,
Unit H Elgin, IL 60123)
Sub-
contractor
$7,024 8% X
Total M/W/EBE $90,933.00 100%
Cc: Marty Lyons, Assistant City Manager/CFOP
Jewell Jackson, Purchasing & Contracts Manager
Memorandum
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For the City Council Meeting of May 10, 2010 Item #
For City Council Meeting of February 27, 2012 Item A3.5
Business of the City by Motion: Purchase of Combination Backhoe Loader for
Utilities Dept.
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: Suzette Robinson, Director of Public Works
Dave Stoneback, Director of Utilities
Lonnie Jeschke, Manager Fleet Services
Subject: One (1) Combination Backhoe Loader Heavy Equipment Purchase for
Utilities Department
Date: February 10, 2012
Recommended Action:
Staff requests City Council approval to purchase one (1) heavy equipment replacement
of a John Deere Combination Backhoe Loader for the Utilities Department in the
amount of $76,957 from Westside Tractor Sales, 1560 N. Old Rand Road, Wauconda,
Illinois 60084.
Funding Source:
The total cost for this expenditure, after a “trade-in allowance” of $23,000.00, is
$76,957.00. Funding will be from the water fund vehicle replacement accounts
7100.62309 ($8,800), 7115.62309 ($53,979), 7120.62309 ($9,496) and the distribution
account for maintaining services 7115.62230 ($4,682).
Summary:
Staff requests approval of this one (1) heavy equipment replacement purchase as listed
below:
Division
Unit #
Description
Model
Year
Condition
Original
Purchase
Price
L.T.D.
Repair $$’s
Sewer 955 John Deere
Combination
Backhoe
Loader
1999 Poor $74,123.01 $77.358.11
Memorandum
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2
The recommended replacement unit purchases are as follows:
Division Unit # Replacement
Description
Model
Year
Purchase
Price
Type of Bid Vendor
Sewer 955 John Deere
Combination
Backhoe
Loader
2013 $76,957.00 Bid # 12-104 Westside
Tractor
Sales
This approval request for equipment replacement is the result of a bid specification that
was developed by a committee of Utility personnel & Fleet Services personnel and
advertised within Demandstar, the Chicago Tribune and Pioneer Press. In addition, the
bid specification was also sent to the local municipal sales representatives of the five
major heavy equipment manufacturers. The results are as follows:
Company
Name
Equipment
Brand
Bid Price Trade
Allowance
Net Bid Price
Westside
Tractor
John Deere $99,957.00 $23,000.00 $76,957.00
Casey
Equipment
Company
JCB
$101,550.00
$20,000.00
**Non
Responsive
$81,550.00
Mc Allister
Equipment
Company
Volvo
$104,326.00
$17,500.00
$86,826.00
Mc Cann
Industries
Case $110,290.00 $19,000.00 $91,290.00
Patten
Construction
Equipment
Caterpillar
*No Bid
*No Bid
*No Bid
* Caterpillar could not meet our maximum height specification for this unit.
** JCB was deemed to be non-responsive since they did not include a bid bond with bid.
We have successfully purchased heavy equipment from Westside Tractor in the past,
and found them to be responsive and responsible. Purchase of this unit will also help us
in regards to standardization our fleet which should also minimize the hidden costs
associated with stocking of new parts and the training of mechanics and equipment
operators since they are familiar with this brand of equipment. There are no Evanston
based businesses that can provide this type of equipment that fit our business
requirements and needs.
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3
This unit meets the present 2010 EPA Emission Standards. It is equipped with Diesel
Exhaust Fluid Tanks (DEF) for a chemically-based liquid urea compound. This
compound is injected into the exhaust system and results in exhaust emissions of warm
water vapors and carbon dioxide only, with no carbon monoxide pollutants being
emitted into the atmosphere. In addition, this unit will be fueled with a B-20 bio-diesel
blend of fuel. Due to the operational requirement of this unit, there are no suitable field
tested alternative fueled types of equipment available at this time.
Attachment
Specifications for John Deere Back Hoe
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For the City Council Meeting of May 10, 2010 Item #
For City Council Meeting of February 27, 2012 Item A3.6
Business of the City by Motion: Utilities Department Vehicle Purchases
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: Suzette Robinson, Director of Public Works
Dave Stoneback, Director of Utilities
Lonnie Jeschke, Manager Fleet Services
Subject: Purchase of Two (2) Replacement Heavy Duty Work Trucks for the
Utilities Department
Date: January 6, 2012
Recommended Action:
Staff recommends City Council approval to purchase two (2) replacement heavy duty
work trucks for the Utilities Department in the amount of $184,367.08. The breakdown is
as follows:
• Currie Motors, 9423 W. Lincoln Hwy., Frankfort, Illinois 60423 in the amount of
$69,312.08 for the Ford F-550 dump body truck with knuckle boom crane.
• Prairie Archway International, Municipal Fleet Sales, 401 S. Dirksen Parkway,
Springfield, Illinois 62703 in the amount of $115,055.00 for the Class 7 tandem
axle dump truck.
Funding Source:
Funding will be from the sewer fund vehicle replacement account, 7400.62309 which
has an FY 2012 budget allocation of $127,650. In addition, $57,000 will be transferred
to this account from the sewer fund maintenance contract account, 7400.62461. The
sewer maintenance contract account has a FY 2012 budget allocation of $215,000.
Since the sewer division performs so much of the sewer maintenance work utilizing in-
house personnel and equipment, it was determined that it was more critical to purchase
these two new vehicles that would allow the division to continue performing this work
over the next several years in comparison to reducing the scope of maintenance work
contracted out during the current fiscal year.
Summary:
The details of the replacement purchases are listed below:
Memorandum
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2
Division Unit # Description Model
Year
Condition Original
Purchase
Price
L.T.D.
Repair $$’s
Sewer 914 1-Ton Dump
with knuckle
boom crane
2001 Poor $68,941.00 $48,992.00
Sewer 926 Class 7
Dump Truck
1995 Poor $82,476.00 $109,854.00
The recommended replacement unit purchases are as follows:
Division Unit # Replacement
Description
Model
Year
Purchase
Price
Type of Bid Vendor
Sewer 914 Ford F-550
Dump Body
2013 $69,312.08 N.W.M.C.
Bid
Currie
Motors
Sewer 926 International
7400 6X4
Dump Truck
2012 $115,055.00 State Bid
PSD4016932
Prairie
Archway
International
The vehicles listed for replacement are heavy duty work trucks that support daily
Utilities Department maintenance activities. The replacement of these vehicles is crucial
for cost effective Utility Department operations on a regular basis. In addition, the Class
7 dump truck can support the snow removal and salting operations during extreme
snow storms.
The Northwest Municipal Conference Suburban Purchasing Cooperative Bid (SPC) and
State Bid Central Management Services (CMS) will be utilized for the purchase of these
two (2) replacement vehicles. We have successfully purchased vehicles through both of
these sources and vendors in the past, and found them to be responsive and
responsible. There are no Evanston based businesses that can provide these types of
vehicles or equipment that fit our business requirements and needs.
These vehicles meet or exceed the present 2010 EPA Emission Standards. They are
equipped with Diesel Exhaust Fluid Tanks (DEF) for a chemically-based liquid urea
compound. This compound is injected into the exhaust system and results in exhaust
emissions of warm water vapors and carbon dioxide, only with no carbon monoxide
pollutants being emitted into the atmosphere. In addition, these units will be fueled with
a B-20 bio-diesel blend of fuel. Due to the operational and towing requirement of these
vehicles, there are no suitable field tested hybrid alternates available at this time.
Based on staff review, hybrid alternatives for this vehicle type are not anticipated in the
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next year or two. In the future, and if such an option is available, we will evaluate the
cost-benefit and payback of such a purchase of this type.
Attachments
Specifications for 2 heavy duty vehicle purchases
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Lonnie Jeschke
CONTACT NAME
City of Evanston Contact: Kevin Burdell
BUYER INFORMATION Municipal Fleet Sales
2020 Asbury Ave.401 S. Dirksen Pkwy ~ Springfield, IL. 62703
ADDRESS Ofc: 217-523-5631 ~ Fax: 217-523-0797
Evanston, IL 60201 Email: kburdell@prairiearchway.com
CITY/ STATE/ ZIP
847-866-2904 phone 847-448-8089 fax Please Circle Cab Color:
PHONE/ FAX/ EMAIL Red-2303 / IDOT Orange / Omaha Orange
E9998-1750-05 Cook School Bus Yellow / Blue / Blue Met-6E12
TAX EXEMPT #/ COUNTY Green-6047 / White / Black
2013 INTERNATIONAL 7400 SFA 6x4 / 177" WHEELBASE/ 102" CAB TO AXLE
120,000 PSI/ 2,654,000 RBM single frame rail w/ 20" front frame extension
MAXXFORCE 10/HT570 310HP/ 1050# TORQUE w/ GRID HEATER
3000RDS Allison Six (6) speed trans. w/ T-Handle & External Trans. Cooler
Extended Life Oil Pan/ Transmission TCM mounted inside cab
Transmission temp. gauge/ Hour meter/ Plow light Switch
Warning Lights & Alarm for Low Coolant, Low Oil PSI, Engine Temp.
"Winter/Summer" Air Cleaner w/ In-Dash Filter Minder
Horton Two-Speed Fan Drive/ Front Engine PTO/ Block Heater
16,000# Front axle & suspension w/ 2000# aux. overloads & HD shocks
40,000# Rear axle w/ Hendrickson HMX 400-52 susp. & HD shocks/ SPL drivelines
Air Brakes w/ 13.2 compressor/ Bendix air dryer/ DV2 Heated drain valve
Automatic slack adjusters/ Oil bath wheel seals/ Stationary front grille
Trailer brake package w/ 7-way ABS trailer plug/ Bodybuilder wires @ BOC
Tilt & Telescoping steering column/ Leece-Neville alternator/ Delco starter
100 gallon aluminum fuel tank (driver side) w/ fuel water seperator
Three (3) Batteries @ 1950 CCA w/ battery box mounted right side BOC 201" WB / 126" CT 175$
Horizontal muffler mounted under cab w/ vert. exhaust pipe & 36" turn out Trans Dipstick - move to rt. Side 22$
Air horn/ Jump start stud/ L.E.D. cab marker lights/ Air ride cab 18K Front Axle/springs 98$
AM/FM/Weatherband radio/ Air conditioning/ Cigar lighter Heated Windshield 443$
Black heated mirrors w/ Black fender mounted convex mirrors Cowl Tray Cover 140$
Air ride driver seat w/ arm rest/ Fixed passenger seat/ Daytime lights Goodyear Tires 256$
315/80R22.5 Continental HSU2 (20PLY) steer tires w/ Grey powder coat wheels 70 Gallon Fuel Tank (148)$
11R22.5 Continental HDR-1 (14PLY) drive tires w/ Grey powder coat wheels Omit Fender Convex Mirrors (64)$
PLEASE CIRCLE DESIRED GEAR RATIO:White Powder Coat Wheels -$
6.14 (67 mph) / 6.43 (64 mph) / 6.83 (60 mph) / 7.17 (57 mph)
Please include copy of tax exempt form w/ your order.
All prices are F.O.B. 401 S. Dirksen Pkwy. Springfield, Illinois
Payment in full is due at time of delivery.
Kevin Burdell- Municipal Fleet Sales Representative
Signature of Buyer Purchase Order Number (if applicable)
Freight $0.00
Total $115,055.00
Sub-total $114,950.00
Trade
License/ Title $105.00
Body price $42,682.00
DATE:1/4/12
Sales price $71,346.00
Options $922.00
New Truck Proposal
Tandem Axle Dump Truck Specifications
State of Illinois Solicitation # 225684 ~ Contract # PSD4016932
11899-01Page 104 of 454
Lonnie Jeschke
CONTACT NAME
City of Evanston Contact: Kevin Burdell
BUYER INFORMATION Municipal Fleet Sales
2020 Asbury Ave.401 S. Dirksen Pkwy ~ Springfield, IL. 62703
ADDRESS Ofc: 217-523-5631 ~ Fax: 217-523-0797
Evanston, IL 60201 Email: kburdell@prairiearchway.com
CITY/ STATE/ ZIP
847-866-2904 phone 847-448-8089 fax Please Circle Cab Color:
PHONE/ FAX/ EMAIL Red-2303 / IDOT Orange / Omaha Orange
E9998-1750-05 Cook School Bus Yellow / Blue / Blue Met-6E12
TAX EXEMPT #/ COUNTY Green-6047 / White / Black
2013 INTERNATIONAL 7400 SFA 6x4 / 177" WHEELBASE/ 102" CAB TO AXLE
120,000 PSI/ 2,654,000 RBM single frame rail w/ 20" front frame extension
MAXXFORCE 10/HT570 310HP/ 1050# TORQUE w/ GRID HEATER
3000RDS Allison Six (6) speed trans. w/ T-Handle & External Trans. Cooler
Extended Life Oil Pan/ Transmission TCM mounted inside cab
Transmission temp. gauge/ Hour meter/ Plow light Switch
Warning Lights & Alarm for Low Coolant, Low Oil PSI, Engine Temp.
"Winter/Summer" Air Cleaner w/ In-Dash Filter Minder
Horton Two-Speed Fan Drive/ Front Engine PTO/ Block Heater
16,000# Front axle & suspension w/ 2000# aux. overloads & HD shocks
40,000# Rear axle w/ Hendrickson HMX 400-52 susp. & HD shocks/ SPL drivelines
Air Brakes w/ 13.2 compressor/ Bendix air dryer/ DV2 Heated drain valve
Automatic slack adjusters/ Oil bath wheel seals/ Stationary front grille
Trailer brake package w/ 7-way ABS trailer plug/ Bodybuilder wires @ BOC
Tilt & Telescoping steering column/ Leece-Neville alternator/ Delco starter
100 gallon aluminum fuel tank (driver side) w/ fuel water seperator
Three (3) Batteries @ 1950 CCA w/ battery box mounted right side BOC 201" WB / 126" CT 175$
Horizontal muffler mounted under cab w/ vert. exhaust pipe & 36" turn out Trans Dipstick - move to rt. Side 22$
Air horn/ Jump start stud/ L.E.D. cab marker lights/ Air ride cab 18K Front Axle/springs 98$
AM/FM/Weatherband radio/ Air conditioning/ Cigar lighter Heated Windshield 443$
Black heated mirrors w/ Black fender mounted convex mirrors Cowl Tray Cover 140$
Air ride driver seat w/ arm rest/ Fixed passenger seat/ Daytime lights Goodyear Tires 256$
315/80R22.5 Continental HSU2 (20PLY) steer tires w/ Grey powder coat wheels 70 Gallon Fuel Tank (148)$
11R22.5 Continental HDR-1 (14PLY) drive tires w/ Grey powder coat wheels Omit Fender Convex Mirrors (64)$
PLEASE CIRCLE DESIRED GEAR RATIO:White Powder Coat Wheels -$
6.14 (67 mph) / 6.43 (64 mph) / 6.83 (60 mph) / 7.17 (57 mph)
Please include copy of tax exempt form w/ your order.
All prices are F.O.B. 401 S. Dirksen Pkwy. Springfield, Illinois
Payment in full is due at time of delivery.
Kevin Burdell- Municipal Fleet Sales Representative
Signature of Buyer Purchase Order Number (if applicable)
Freight $0.00
Total $115,055.00
Sub-total $114,950.00
Trade
License/ Title $105.00
Body price $42,682.00
DATE:1/4/12
Sales price $71,346.00
Options $922.00
New Truck Proposal
Tandem Axle Dump Truck Specifications
State of Illinois Solicitation # 225684 ~ Contract # PSD4016932
11899-01Page 105 of 454
For City Council meeting of February 27, 2012 Item A3.7
Business of the City by Motion: Sherman Plaza Garage Façade Inspection
For Action
To: Honorable Mayor, Members of the City Council and Members
of the Administration and Public Works Committee
From: Douglas J. Gaynor, Director of Parks, Recreation & Community Services
Paul D’Agostino, Superintendent of Parks, Forestry & Facilities
Stefanie Levine, Assistant Superintendent of Parks, Forestry & Facilities
Rickey Voss, Parking/Revenue Division Manager, Administrative Services
Subject: Single Source / Emergency Purchase for Sherman Plaza Garage –
Façade Inspection
Date: February 21, 2012
Recommended Action:
Staff recommends that City Council authorize the City Manager to execute a contract
with Wiss Janney Elstner Associates (WJE), the current consultant engineers for the
2011 Comprehensive Parking Garage Repair Project, for a close up visual inspection
and hammer sounding of the entire façade of the Sherman Plaza Garage. Contract
includes issuance of a report describing the findings and recommendations for future
engineering and repair for a not to exceed amount of $60,400.
Funding Source:
$800,000.00 FY 2012 CIP #416138
Summary:
At Sherman Plaza Garage it has recently been observed that there are several visible
spalls at the exterior concrete façade panels and that there is water infiltration at the
northeast elevator tower. Some pieces of concrete have fallen down to the ground and
to the adjacent roof top. Although the pieces that fell have not resulted in any reported
injuries or damage, these concrete façade panels are situated at the perimeter of the
deck and as high up as 12 stories, creating the potential for serious injuries and damage
should another failure occur. Reasons for the failures are unclear and as a result staff
recommends that the façade be inspected immediately to assess the issue and
determine next steps. While this façade inspection is being performed, the engineer will
also observe sections of the northeast elevator tower in attempt to locate potential leak
sources.
Memorandum
Page 106 of 454
Since they are still currently working on site as the engineer of record for the 2011
Comprehensive Parking Garage Repair Project, WJE was asked to provide an
additional service proposal to perform the contemplated façade inspections. For cost
comparison, WJE was asked to provide two options in their proposal: 1) inspect the
façade corners only at areas where visible spalling is evident or 2) inspect the entire
façade. After review of the proposal options, staff recommends approval of option 2
(complete façade inspection) for a not to exceed cost of $60,400. This cost includes
documentation and evaluation of the entire façade which will provide staff with the most
complete understanding possible regarding potential reasons for the failures and
recommendations for repairs moving forward. This cost also includes visual inspection
of sections of the northeast elevator towers in order to attempt to locate potential leak
sources. Please note that this cost does not include engineering work to design repair
solutions as the full scope of work is not yet realized.
The additional costs associated with this emergency work will be funded through the
Parking Fund via a CIP account created for the 2012 Parking Garage projects. Once
this work is completed, staff will provide a report on the status of the Sherman Plaza
Garage.
-------------------------------------------------------------------------------------
Attachment:
Consultant’s Additional Services Proposal (dated 02/13/12)
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For City Council meeting of February 27, 2012 Item A3.8
Business of the City by Motion: Auditing Service Contract
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: Marty Lyons, Assistant City Manager/Treasurer
Hitesh Desai, Accounting Manager
Subject: Auditing Services Contract – Four Year Term
Date: February 21, 2012
Recommended Action:
Staff recommends that City Council authorize the City Manager to execute a four-year
contract for auditing services to Baker Tilly Virchow Krause, LLP (1301 W. 22nd Street,
Oak Brook, IL 60523) in the amount of $324,550 with a first year cost of $78,800.
Funding Source:
Funding in the amount of $120,000 is budgeted in the General Fund (1920.62110) for
year one of the auditing services in FY 2012.
Summary:
Pursuant to Illinois Municipal Code Section 65 ILCS 5/8-8-3, municipalities having a
population of 800 or more or having bonded debt or owning any type of public utility
shall be audited annually. In 2007, the City Council approved a four-year contract for
auditing services to Baker Tilly Virchow Krause, LLP. On January 24, 2011, the City
Council approved an extension of the auditing services contract for an additional one
year period.
With the expiration of the City’s previous contract, staff developed and distributed a
Request for Proposal (RFP) for auditing services and received five responses. The
proposed auditing services contract term would be four years. The list of vendors which
responded to the City’s RFP for auditing services is provided below:
• Baker Tilly LLP
• Sikich LLP
• Wolf & Company LLP
• Clifton Gunderson LLP
• Miller Cooper & Co. Ltd.
Memorandum
Page 113 of 454
The staff selection committee composed of Martin Lyons-Asst. City Manager/CFO, Lou
Gergits-Interim Finance Manager, Hitesh Desai-Accounting Manager, and Jewell
Jackson-Purchasing Manager reviewed the RFP responses and rated each vendor
according to several criteria including cost. A summary of the auditing services
proposed costs is provided in the table below:
Vendor Cost
Clifton Gunderson 281,000$
Baker Tilly 324,550$
Miller Cooper 328,500$
Sikich, LLP 355,090$
Wolf and Company 400,000$
After reviewing and ranking the RFP responses, the selection committee invited three
firms to participate in an interview. The three firms invited to the interview were Baker
Tilly, Clifton Gunderson LLP and Sikich LLP. The other two firms, Wolf LLP and Miller
Cooper, were not invited to participate in the interview process based on their fees,
relevant experience and MWEBE compliance. A detailed scoring sheet is provided
below for each firm.
Wolf and
Company Sikich, LLP
Clifton
Gunderson
Miller
Cooper Baker Tilly
Firm Qualifications
(20%)15 20 16 17 19
Experience 20%15 20 12 16 20
Proposed Project
Cost (30%)13 17 30 21 22
Organization and
Completeness of
Proposal (10%)8910710
M/W/EBE
Compliance (10%)10 0 10 0 10
Contract Agreement
(10%)331067
Total (100%)64 69 88 67 88
Fees (for 4 years)$400,000 $355,090 $281,000 $328,500 $324,550
Page 114 of 454
Sikich LLP is probably the most qualified firm in governmental accounting in Illinois
having relevant experience with municipalities such as Elgin, Aurora, Naperville and
others. However, Sikich is not recommended due to higher fees and non-compliance
with MWEBE requirements.
Based on several factors including interview performance, related experience, cost and
MWEBE the selection committee recommends award of the auditing services contract
to Baker Tilly. As the table above indicates, Clifton Gunderson represents the lowest
cost option for auditing services, but they do not have the same level of relevant
municipal experience. Staff is recommending Baker Tilly for several reasons:
1. Baker Tilly is the City’s current auditing firm. Due to the truncated 2011 fiscal
year, staff feels it would be beneficial to use the City’s existing firm due to the
compressed auditing schedule.
2. Baker Tilly has indicated their readiness to begin the preliminary audit based
on the City’s deadline to complete the audit process by June 30, 2012.
3. Retaining the existing auditor would also help in case of transitioning to a new
financial system because of Baker Tilly’s familiarity with the City’s chart of
accounts, process controls and JDEdwards system. Additionally, Baker Tilly
has been consistent in their audit performance for the City in the past.
4. Baker Tilly’s quotation for 2011(the first year of this new contract) represents
a slight decrease of 0.9% over last year’s amount.
5. Baker Tilly has rotated audit staff on the City’s engagement which ensures
independence between the City and Auditing firm. A table providing the
composition of the Baker Tilly audit team for the last four years and the next
year is provided below:
FY 2007 FY 2008 FY 2009 FY 2010
FY
2010-11
FY 2011-
Proposed
Partner Bob H. Bob H. Jason
Coyle
Jason
Coyle
Jason
Coyle Jason Coyle
Manager
Dave
Farmer
Dave
Farmer
Dave
Farmer
Brian
Imhoff
Brian
Imhoff
Joe
Lightcap
Senior 1 Corey B. Corey B. Brian Imhoff Carol
Rosborg
Michael
Malatt
Michael
Malatt
Senior 2 Shannon L. Carol
Rosborg
Carol
Rosborg
Staff 1
Carol
Rosborg
Traci
Gustin
Jeremy
Cling
Jeremy
Cling
Jeremy
Cling
Minority
Firm
Staff 2
Traci
Gustin
Jeremy
Cling Matt Slama Amanda O.Tony
Meeks
Minority
Firm
Single Audit Christina H. Christina H. Traci Gustin Jered S. Jeremy
Cling
Minority
Firm
Reviewer Kay Nees Don Rahn Heather
Acker Renee M. Don Rahn TBD
Page 115 of 454
7For the City Council Meeting of September 20, 2010
2nd Quarter Financial Report
For City Council meeting of February 27, 2012 Item A4
Fiscal Year 2011 Year End Financial Report
Accept and Place on File
To: Honorable Mayor and Members of the City Council
From: Marty Lyons, Assistant City Manager and Chief Financial Officer
Louis Gergits, Interim Finance Division Manager
CC: Wally Bobkiewicz, City Manager
Subject: Year-End Financial Report for Fiscal Year 2011
Date: February 21, 2012
Recommended Action:
Staff recommends City Council accept and place the Year-End FY 2011 Financial
Report on file.
Funding Source:
N/A
Summary:
The City ended the ten-month transitional 2011 fiscal year in stable financial condition.
The City’s financial performance is the result of revenues remaining relatively consistent
with budget targets and expenditures being held below budgeted levels.
Attached are summaries of the City’s funds for FY 2011. The FY 2011 year-end
financial report includes unaudited figures which may be subject to change, as final
receivable and payable entries are made. In reviewing this report, please note the
following:
1. A majority of the revenues are recorded at the time they are actually received
(permits, property taxes, fees, etc.), however, some revenues are recorded at the
time of notification of the revenue being earned by the City (sales, income,
telecommunications taxes, etc).
2. State revenue sources are delayed by one to three months based on the revenue
source in question.
3. While some revenues are received on a monthly basis, other revenues are
received less uniformly throughout the year. An example is property taxes, which
are billed bi-annually and then distributed by the County as payments are
received. This disbursal method contrasts with other revenue sources such as
sales taxes, which are collected by the State and distributed on a monthly basis.
Memorandum
Page 116 of 454
4. Operating expenses, including payroll, are reported at the time they are incurred
during the year. At year-end, the City often receives invoices after the close of
the year, for services used or items purchased during the year. These expenses
are recorded into the previous year for which they were incurred.
5. Operating expenses are incurred on a uniform basis for items such as payroll,
utilities, fuel, etc., and on an as needed basis for supplies, equipment and
specific outsourced services.
Based on our monthly reporting information, as of December 31, 2011, the General
Fund ending fund balance would be $16.36M, which represents approximately 23% of
the City’s 2011 General Fund expenditures.
Please note also that as a part of our conversion to a calendar year there will be a
change in our recording of fund balance because of a change of our treatment of
property taxes. In the past, the City treated property taxes received within 60 days of
the close of the fiscal year as revenue in that year. In other words 1st installment
distributions made in March and April each year were credited to the previous year’s
financial statement. Since we do not receive as much of the 2011 levy property taxes in
January or February, there will be less revenue to credit back to 2011, and our
receivable will reduced in the 2011 Audited Financial Statements. This does not impact
our cash balance in any way. We will not know our final property tax receipts to be
credited into the 2011 fiscal year until Tuesday February 28, 2012 and we will provide a
final analysis in the 2011 independent audit report. The table below provides a
summary of this change:
The above table now shows that at our year-end, we will still have more receivables
(e.g. funds owed from the state for sales, income and other taxes including property
taxes) than payables (e.g. those payments made in the first three bills lists of this year).
Because of our increase in fund balance in the absence of the above accounting
change, staff will be coming to the Council with recommendations for use of the
General
Fund
General
Fund (Revised)
Audited unrestricted, undesignated fund balance @ 2/28/11 $ 14,581,963 $ 14,581,963
Audited unrestricted, designated fund balance @2/28/11 $ 5,426,913 $ 5,426,913
Total Unrestricted Fund Balance @2/28/11 $ 20,008,876 $ 20,008,876
Unaudited General Fund revenues FY 2011 $ 73,175,352 $ 73,175,352
Estimated Change in Property Tax Receivables $ (6,500,000)
Unaudited General Fund expenditures FY 2011 $ 71,399,332 $ 71,399,332
Unaudited net surplus (deficit) FY 2011 $ 1,776,020 $ (4,723,980)
Estimated unrestricted, fund balance @ 12/31/11 $ 21,784,896 $ 15,284,896
Estimated unrestricted, cash balance @ 12/31/11 $ 10,572,661 $ 10,572,661
Page 117 of 454
approximate $1.8 million surplus for one-time capital expenses at the March 19, 2012
Council meeting. The City’s undesignated unreserved fund balance is still 11.9% and
the unreserved fund balance is 18.5% of 2012 budgeted General Fund expenses. The
minimum reserve per budget policy is 8.3%
A brief summary of the other issues impacting our revenues and expenditures in the
General Fund and selected enterprise funds is provided immediately below.
General Fund Revenues:
Through year-end of FY 2011, General Fund revenues were $73,175,352 or 99.1% of
Fiscal Year 2011 Budget.
• Through December 31, 2011 property tax revenue was $16,009,204 or 96.9% of
budget. The FY 2011 property tax revenues were $506,996 below the budgeted
target of $16,516,200. Staff recommends increasing the loss factor for property
taxes from 2% to 3% as FY 2011 represents the second consecutive year in
which property tax collections have fallen short of the levy amount.
• State income tax was recorded in the amount of $4,855,460 through December
31, 2011, achieving 104.7% of the budget target for this revenue item. State
income tax is typically received in arrears by one or two months.
• Regular sales tax revenue in FY 2011 was $7,403,517 or 101.4% of budget.
Home rule sales tax revenue in FY 2011 was $4,749,481 or 104.3% of budget.
• Real estate transfer tax through December 31, 2011 totaled $1,989,587
achieving 132.6% of the budget target for this item. This includes large property
sales.
• Through December 31, 2011, licenses, permits, and fees were approximately
93% of budget. Permit revenue was $2,979,042 or 83.1% of budget. In
comparison, license revenue is $2,957,613 or 113.1% of target budget.
• The major revenue sources which did not perform near budgeted levels were the
natural gas utility tax and interest income. Natural gas distribution tax revenue
was $848,770 or 61.28% of budget. The lower than expected natural gas
distribution tax revenue is explained by the moderate winter experienced in the
northern Illinois area. The natural gas utility tax is charged to the user/customer
on a per therm basis.
General Fund Expenditures:
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General Fund expenditures through December 31, 2011 were $71,399,332 or 96.7% of
budget. A summary of departmental budgetary performance for FY 2011 is provided in
the section below:
• Through December 31, 2011, legislative expenditures totaled $514,586 or 98.4%
of the budget target of $523,131. Legislative expenses are associated with the
City Council and City Clerk’s Office.
• Through December 31, 2011, City Administration expenditures totaled
$1,329,524 or 79.3% of the budget target of $1,675,952. City Administration
expenses are associated with the City Manager’s Office.
• Through December 31, 2011, Administrative Services Department expenditures
totaled $7,030,956 or 85.7% of the budget target of $8,206,488.
• Through December 31, 2011, Community and Economic Development
Department expenditures totaled $2,677,868 or 94.8% of the budget target of
$2,824,205.
• Through December 31, 2011, Police Department expenditures totaled
$20,400,229 or 100.7% of the budget target of $20,263,642. The unfavorable
expenditure variance in the Police Department (actual expenditures higher than
budget expenditures) is primarily attributable to higher than anticipated holiday,
separation, sick leave payouts plus costs for specials events and overtime
exceeding budgeted amounts.
• Through December 31, 2011, Fire & Life Safety Services expenditures totaled
$11,005,350 or 98.3% of the budget target of $11,192,783.
• Through December 31, 2011, Health Department expenditures totaled
$1,989,997 or 93.2% of the budget target of $2,135,313.
• Through December 31, 2011, Public Works Department expenditures totaled
$6,576,242 or 95.8% of the budget target of $6,862,268.
• Through December 31, 2011, Library Department expenditures totaled
$3,650,508 or 98.4% of the budget target of $3,708,359.
• Through December 31, 2011, Parks, Recreation and Community Services
Department expenditures totaled $15,407,209 or 98.4% of the budget target of
$15,653,221.
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Enterprise Funds:
The Parking Fund revenues for FY 2011 were $8,434,739 or 81.88% of budget and
expenditures were $7,591,060 or 56.65% of budget, resulting in a surplus of $843,679.
This surplus has been substantially reduced from the $3.3M surplus listed in the
November 2011 financial reports. The reduction in the Parking Fund surplus is the
result of debt service payments made in the final quarter of the fiscal year. The year-
end fund balance was $22,889,976. The Parking Fund is also scheduled for major
capital improvements including meter replacements, continued deck maintenance and
signage in 2012.
The Water Fund revenues for FY 2011 were $16,042,015 or 109.66% of budget and
expenditures were $14,324,674 or 80.08% of budget, resulting in a surplus of
$1,717,341. The year-end fund balance was $7,851,228. Debt proceeds exceeded
budget by approximately $680,000. This is due to GO 2011A bond premium in the
amount of $37,530 and IEPA loan proceeds of $642,359.
The Sewer Fund revenues for FY 2011 were $20,148,065 or 102.22% of budget and
expenditures were $16,291,756 or 95.52% of budget, resulting in a surplus of
$3,856,309. The year-end fund balance was $2,967,246.
The Solid Waste Fund revenues for FY 2011 are $2,821,011 or 95.64% of budget and
expenditures were $4,213,071 or 106.2% of budget, resulting in a deficit of $1,392,060.
The negative year-end fund balance was $1,392,060 and the negative cash balance
was 1,443,886. For FY 2012, $1.2M is budgeted for transfer from the General Fund to
the Solid Waste Fund to eliminate the negative fund balance.
Other Funds:
For FY 2011, the Homelessness Prevention and Rapid Re-Housing Program (HPRP)
posted revenues and expenditures of $195,943, and it is anticipated that this grant
funded program will close in early 2012.
The Neighborhood Stabilization Fund posted revenues of $4,688,070, which was
55.89% of budget and expenditures of $4,685,809 which was 55.87% of budget,
resulting in a surplus of $2,261 and a year-end fund balance of $2,261.
The Motor Fuel Fund revenues of $1,877,521 performed at 98.71 % of budget through
December 31, 2011. Expenditures were $1,678,433 or 88.46% of budget, resulting in a
surplus of $199,088. The year-end fund balance was $881,178.
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The Emergency 911 (E911) Fund revenues for FY 2011 were $851,156 or 98.31% of
budget. Expenditures were $936,020 or 82.54% of budget, resulting in a deficit of
$84,864. The fund had a deficit of $268,208 budgeted in FY 2011. The year-end fund
balance for the E911 Fund was $1,309,968.
The Special Service Area (SSA) #4 Fund performed close to budget with revenues of
$377,423 at 99.85% of budget and expenditures of $388,000 at 102.56% of budget.
The fund posted a deficit of $10,577. SSA #4 has a year-end fund balance of $101,748
and negative cash balance of $89,909 through December 31, 2011. Staff expects the
first installment of the 2011 property tax levy (which will be collected in 2012) will offset
the deficit and negative cash balance in the fund.
The Community Development Block Grant (CDBG) Fund revenues for FY 2011 were
$1,493,988 or 69.81% of budget and expenditures were $1,620,240 or 77.26% of
budget, resulting in a net deficit of $126,252. The year-end fund balance was $296,547
and there was a cash balance of $56,929.
The CDBG Loan Fund revenues for FY 2011 were $164,056 and expenditures were
$194,225, resulting in a net deficit of $30,169. The fund had a deficit of $11,000
budgeted in FY 2011. The year-end fund balance was $1,974,553 and there was a
cash balance of $26,032.
The Economic Development Fund revenues for FY 2011 were $1,415,423 or 85.37% of
budget and expenditures were $1,857,015 or 92.05% of budget, resulting in a deficit of
$441,592. Fund revenues were below budget due to lower than expected hotel and
amusement tax collections. Hotel tax revenue was 11% below budget and amusement
tax revenue was 29% below budget. Current year expenses included the purchase of
property on Howard Street which will be returned to the fund in accordance with the
redevelopment plan approved by the City Council. The year-end fund balance was
$1,981,609 and a cash balance of $1,939,318.
The Neighborhood Improvement Fund revenues for FY 2011 were $20,000 or 100% of
budget and there were no expenditures, resulting in a surplus of $20,000. The year-end
fund balance was $109,915.
The Home Fund revenues for FY 2011 were $80,680 or 14.15% of budget and
expenditures were $85,861 or 15.06% of budget, resulting in a deficit of $5,181. The
year-end fund balance was $2,631,350.
The Affordable Housing Fund revenues for FY 2011 were $19,666 or 67.05% of budget
and expenditures were $47,157 or 17.58% of budget, resulting in a deficit of $27,491.
Page 121 of 454
The fund had a deficit budgeted for FY 2011 of $238,896. The year-end fund balance
was $2,271,662.
The Washington National TIF Fund revenues for FY 2011 were $5,175,137 or 107.26%
of budget and expenditures were $4,301,049 or 84.39% of budget, resulting in a surplus
of $874,088. The year-end fund balance was $10,036,764.
The SSA #5 Fund revenues for FY 2011 were $426,936 or 99.55% of budget and
expenditures were $53,853 or 12.56% of budget, resulting in a surplus of $373,083
through December 31, 2011. A debt service principle payment budgeted for FY 2011
was not incurred until January 2012. The year-end fund balance was $611,505.
The Southwest II TIF Fund (Howard-Hartrey) revenues for FY 2011 were $1,214,462, or
93.06% of budget and expenditures were $853,857 or 65.01% of budget, resulting in a
surplus of $360,605. The year-end fund balance was $5,572,370.
The Southwest TIF Fund revenues for FY 2011 were $451,452 or 68.77% of budget
and expenditures were $724,100 or 100% of budget, resulting in a deficit of $272,648.
Fund revenues were below budget due to lower than expected property tax increment
collections. The fund had a deficit budgeted for FY 2011 of $67,600. The year-end
fund balance was $124,849 and there was a negative cash balance of $121,881. The
shortfall is due to the payment of the Ward Manufacturing incentive and this deficit will
be made up with the first installment of the 2011 property tax levy (which will be
collected in 2012).
The Debt Service Fund revenues for FY 2011 were $13,563,603 or 113% of budget and
expenditures were $12,994,881 or 130.5% of budget, resulting in a surplus of $568,722.
The year-end fund balance was $243,256. Both revenues and expenditures exceeding
budget were the result of the approved refunding of the 2003B series bonds.
The Howard Ridge TIF Fund revenues were $676,989 or 98.2% of budget and
expenditures were $145,812 or 121% of budget, resulting in a net surplus of $531,177.
The year-end fund balance was $1,283,127.
The West Evanston TIF Fund revenues for FY 2011 were $494,251 or 85.07% of
budget and expenditures were $113,875 or 21.09% of budget, resulting in a surplus of
$380,376. The year-end fund balance was $1,634,819.
The Capital Improvement Fund revenues were $5,481,965 or 54.63% of budget and
expenditures were $7,962,919 or 59.38% of budget, resulting in a deficit of $2,480,954.
The fund had a deficit budgeted for FY 2011 of $3,375,845. Both revenues and
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expenditures for the Capital Improvement Fund were significantly below budget in FY
2011. The shortfall in revenue was the result of approximately $4M in anticipated
grants which were not awarded to the City. As a result, associated expenditures from
grant-funded projects were not incurred in FY 2011. The year-end fund balance for the
Capital Improvement Fund was $3,424,390.
The Special Assessment Fund revenues for FY 2011 were $239,276 or 41.61% of
budget and expenditures were $1,026,014 or 54.21% of budget, resulting in a deficit of
$786,738. The fund had a deficit of $1,317,659 budgeted in FY 2011. The year-end
fund balance was $2,973,217.
The Fleet Fund revenues for FY 2011 were $4,103,726 or 100.22% of budget and
expenditures of $3,921,052 or 76.81% of budget, resulting in a surplus of $182,674.
The year-end fund balance was $2,576,632. The majority of this fund balance will be
transferred to the Equipment Replacement Fund in 2012 for the purchase of new
vehicles
The Insurance Fund revenues for FY 2011 are $14,614,602 or 95.68% of budget and
expenditures were $13,871,043 or 94.98% of budget, resulting in a surplus of $743,559.
As of December 31, 2011, the Insurance Fund has a negative fund balance of
$4,193,938 and a cash balance of $1,275,648. A large portion of this negative fund
balance is due to insurance reserves for potential claims payable. These claims/cases
have not been settled, and therefore there is no guarantee the City will actually
experience this negative fund balance as estimated. It is important to note that it is
difficult to budget for many insurance related expenses due to the highly uncertain
nature of insurance claims.
As an Internal Service Fund, the Insurance Fund reserves or deficits are for all intents
and purposes reviewed as a part of the General Fund. As such, it is imperative that the
City reduce these deficits to avoid any negative impact to General Fund operations.
Page 123 of 454
For City Council meeting of February 27, 2012 Item A5
Business of the City by Motion: 2012 Capital Improvement Street Resurfacing
Program
For Action
To: Honorable Mayor and Members of the City Council
Members of the Administration & Public Works Committee
From: Suzette Robinson, Director of Public Works
Dave Stoneback, Director of Utilities
Sat Nagar, P.E., Senior Engineer, Engineering Division
Subject: Modifications to the 2012 Capital Improvement Program
Date: February 17, 2012
Recommended Action:
Staff recommends City Council approval of the revised list of projects funded by the
2012 Capital Improvement Program in the amount of $3,361,000.
Funding Source:
The approved FY 2012 funding for the street resurfacing and brick sidewalk
replacement projects is provided through several funds as follows:
Capital Improvement Fund $ 1,015,000
Washington National TIF Fund $ 1,260,000
West Evanston TIF Fund $ 935,000
Water Fund $ 151,000
Summary:
The City Council approved the 2012 Water Main Replacement and Street Resurfacing
program at the Council meeting on October 24, 2011. The funding of the 2012 program
was included in the 2012 Capital Improvement Program (CIP) that Council approved on
November 28, 2011.
Staff is recommending changes to the 2012 CIP program as a result of the re-evaluation
of the streetscape program. Upon closer evaluation of the CIP program, staff believes it
to be in the City’s best interest to complete streetscape work in conjunction with street
resurfacing whenever possible, if both are in need of replacement. The attached table
entitled 2012 Revised Improvement Project List provides a summary of the originally
approved and the recommended revisions to the 2012 street resurfacing and
Memorandum
Page 124 of 454
Page 2 of 2
streetscape projects. The two projects that staff recommends deferring until 2013 are
listed below.
Davis Street Streetscape Project:
The replacement of the streetscape on Davis Street from Hinman Avenue to Orrington
has $230,000 CIP and $230,000 TIF funded in the 2012 Capital Improvement Fund.
Staff recommends deferring this project to 2013 to be completed in conjunction with
needed street resurfacing. Staff is recommending the following projects instead of the
Davis Streetscape:
• Church Street between Chicago Avenue and Sheridan Road and between
Ashland and Ridge (protected bike path CIP Fund).
• Central Street from Lincolnwood Drive to Ewing Avenue on the south side
(streetscape, staff plans to request $110,000 of the $360,000 project cost from
the Economic Development Fund).
• Replacement of Streetscape on Orrington from Davis Street to Church Street on
the east side to include pedestrian lighting pilot. (Washington National TIF
Funds)
Main Street Resurfacing:
Staff is recommending the water main replacement and street resurfacing project on
Main Street (Maple to Hinman) which has $300,000 CIP and $304,000 Water Fund for
2012 be moved to 2013 because it does not include the streetscape. The existing brick
sidewalk on Main Street is not in good condition and needs to be replaced. Replacing
the water main will result in some sidewalk work to reconnect services. In addition, staff
would like additional time to confer with Union Pacific to work on a plan to improve the
turning radius at Custer and Main. We are recommending the following projects instead
of Main Street project:
• Oak Avenue – Dempster Street to Dead End South (street resurfacing, CIP fund)
• Elmwood Avenue – Oakton Street to South Blvd. (water main replacement and
street resurfacing, Water Fund and CIP Fund)
Legislative History:
The City Council approved the 2012 Street Resurfacing and Water Main Replacement
Program at the October 24, 2011 City Council meeting.
Attachments:
2012 Revised Capital Improvement Project List
Page 125 of 454
2012 REVISED IMPROVEMENT PROJECT LIST
APPROVED RECOMMENDED REVISION
PROJECT CIP FUND TIF FUND TOTAL PROJECT CIP FUND TIF FUND TOTAL
Ashland Avenue (Lincoln to Central)$92,000 $0 $92,000 Ashland Avenue (Lincoln to Central)$92,000 $0 $92,000
Church Sidewalk (Dodge & Church)$0 $200,000 $200,000 Church Street (Dodge & Church)$200,000 $200,000
Church Street (Dodge to Ashland)$0 $360,000 $360,000 Church Street (Dodge to Ashland)$360,000 $360,000
Church Street (Ridge to Chicago)$160,000 $360,000 $520,000 Church Street (Ridge to Chicago)$160,000 $360,000 $520,000
Church Sidewalk (Ridge to Chicago)$240,000 $460,000 $700,000 Church Street (Ridge to Chicago)$240,000 $460,000 $700,000
Davis Street $0 $500,000 $500,000 Orrington Avenue (Davis to Church)$440,000 $440,000
Davis Street Sidewalk (Hinman to
Orrington)$230,000 $230,000 $460,000 Central Sidewalk (Lincolnwood to Ewing)*$250,000 $250,000
$0 Church Street Protected Bike Path (Ashland to
Ridge & Chicago to Sheridan Road)$130,000 $130,000
Dodge/Lake Sidewalk $300,000 $300,000 Dodge/Lake Intersection $300,000 $300,000
Greenleaf Street (Grey to Dodge)$75,000 $75,000 Greenleaf Street (Grey to Dodge)$75,000 $75,000
Main Street $300,000 $0 $300,000 Elmwood Avenue (Oakton to South Blvd.)$64,000 $64,000
TOTAL COST $ 1,022,000 $2,485,000 $3,507,000 Oak Avenue (Dempster to Dead End South)$79,000 $79,000
TOTAL COST $1,015,000 $2,195,000 $3,210,000
Main Street Water Main Water Fund $304,000 Elmwood Avenue Water Main Water Fund $151,000
*Note: Total cost of Central Street Sidewalk is $360,000, staff plans to request
$110,000 from Economic Development Fund
2/21/2012 S:\Council Agenda\Web Agendas\Public Works\2012\Mtg 4 Feb 27\Street Re-Surfacing Update\2012 Revised CIP TIF Plan Revised MLPage 126 of 454
For City Council meeting of February 27, 2012 Item A6
Resolution 20-R-12: Extension of License to Comcast
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: Wally Bobkiewicz, City Manager
Subject: Resolution 20-R-12 Authorizing Extension of a License to Comcast,
Allowing Maintenance of a Building and Fence in the Public Right-of-Way
adjacent to 2101 Mulford Street and Park Land in James Park
Date: February 22, 2012
Recommended Action:
Staff recommends that the City Council consider Resolution 20-R-12 which authorizes
extension of license to Comcast for facilities in James Park. Staff is still in discussions
with Comcast on the license and will provide a recommendation on the Resolution at
the meeting.
Funding Source:
The license currently provides the City $1,200.00 in revenue per month.
Summary:
The City entered into a license agreement with MediaOne (Comcast now a successor
entity) in 1999 for use of property adjacent to 2101 Mulford Street for equipment
required for the distribution of communication services to customers. This agreement
has been previously renewed and currently expires on February 28, 2012.
Staff has been working with Comcast to implement provisions associated with the newly
renewed Cable Franchise Agreement and has been unable to have implemented a key
provision of these agreements: the relocation of the public-education-government “head
end” equipment from the Evanston Community Media Center’s location on Hartrey to
their new facilities in the City of Evanston Service Center.
The delay of implementation of these agreements has caused me to reevaluate the
City’s need to provide leased space to Comcast for its facilities adjacent to 2101
Mulford. I have provided notice to Comcast to remove its facilities from City property no
later than thirty days after the expiration of the current agreement. There has been no
response from Comcast to this notice.
Memorandum
Page 127 of 454
Page 2 of 2
However, should Comcast be able to demonstrate that the continued license agreement
for the Mulford location is in the best interest of the City prior to the City Council’s
meeting on February 27, 2012, staff has included Resolution 20-R-12 for consideration.
This Resolution would extend the current license agreement for three months, until May
31, 2012, under existing terms and conditions. During the three month extension, staff
would negotiate a longer term agreement with Comcast.
Staff will provide an oral reporting updating the situation at the February 27, 2012
meeting.
Attachment:
Resolution 20-R-12
Page 128 of 454
2/22/2012
20-R-12
A RESOLUTION
Authorizing Extension of a License to Comcast,
Allowing Maintenance of a Building and Fence
in the Public Right-of-Way of Mulford Street
and Park Land in James Park
WHEREAS, Comcast (“Licensee”) is the franchised cable operator for the
City of Evanston, and is legally licensed to operate and locate facilities within the City
for the purpose of distributing communication signals to customers; and
WHEREAS, Licensee is required to maintain and upgrade the existing
cable network; and
WHEREAS, maintaining the existing facility located in James Park is
necessary for Licensee to satisfy its responsibilities per the franchise agreement; and
WHEREAS, pursuant to Resolutions 3-R-99 and 19-R-09, attached hereto
as Exhibit A and incorporated herein by reference, the City Council of the City of
Evanston approved and extended, respectively, a license agreement to permit
construction and maintenance of the aforesaid facility; and
WHEREAS, the City Council of the City of Evanston finds and determines
that the best interests of the City and its residents would be served by a short-term
extension of said license agreement,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are hereby found as fact and made a
part hereof.
Page 129 of 454
20-R-12
~2~
SECTION 2: The City Manager is hereby authorized to sign, and the City
Clerk hereby authorized and directed to attest, on behalf of the City of Evanston, a three
(3)-month Extension of the License Agreement, attached hereto as Exhibit B and
incorporated herein by reference, by and between the City, as Licensor, and Comcast,
as Licensee, providing for maintenance of a building and fence on the public right-of-
way of Mulford Street and park land in James Park, in Evanston, Illinois.
SECTION 3: Pursuant to the Extension, the City, as Licensor, will be paid
by Comcast, as Licensee, one thousand, two hundred dollars ($1,200.00) per month,
with all other terms of the lease to remain the same as previously approved.
SECTION 4: The City Manager is hereby authorized and directed to
negotiate any additional conditions of the Extension as he may determine to be in the
best interests of the City.
SECTION 5: That this Resolution 20-R-12 shall be in full force and effect
from and after the date of its passage and approval in the manner provided by law.
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
______________________________
Rodney Greene, City Clerk
Adopted: __________________, 2012
Page 130 of 454
20-R-12
~3~
EXHIBIT A
Resolution 19-R-09
Page 131 of 454
417/2009
3/17/2009
19-R-09
A RESOLUTION
Authorizing Extension of a License to Comcast,
Allowing Maintenance of a Building and Fence
in the Public Right-of-Way of
Mulford Street and Park Land In .James Park
THAT PART OF THE MULFORD STREET RIGHT OF WAY
(HERETOFORE DEDICATED PER DOCUMENT NUMBER
22285598) TOGETHER WITH THAT PART OF A TRACT OF
LAND LYING NORTH OF THE NORTH LINE OF THE C. N. S.&
M. RAILWAY RIGHT OF WAY AND WEST OF AND ADJACENT
TO THE WEST LINE OF THE EAST 1/2 OF THE NORTHWEST
1/4 OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 13, EAST
OF THE THIRD PRINCIPAL MERIDIAN, (SAID LINE ALSO BEING
THE WEST LINE OF SAID MULFORD STREET RIGHT OF WAY),
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Page 132 of 454
COMMENCING AT THAT POINT OF INTERSECTION OF THE
WEST LINE OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF
SECTION 25 AND THE NORTH LINE OF SAID RAILWAY RIGHT
OF WAY, (SAID INTERSECTION ALSO BEING THE
SOUTHWEST CORNER OF SAID MULFORD STREET RIGHT OF
WAy); THENCE NORTH 89 DEGREES 56 MINUTES 26
SECONDS EAST, ALONG SAID SOUTH LINE OF MULFORD
STREET, 16.29 FEET; THENCE NORTH 01 DEGREES 06
MINUTES 19 SECONDS WEST, 5.00 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 01 DEGREES 06
MINUTES 19 SECONDS WEST, ALONG THE WEST FACE OF
AN EXISTING CONCRETE WALK, 28.00 FEET TO A POINT ON
THE EXISTING BACK OF CURB; THENCE SOUTH 81 DEGREES
29 MINUTES 22 SECONDS WEST, ALONG SAID EXISTING
BACK OF CURB AND ITS WESTERLY EXTENSION THEREOF,
60.14 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 34
SECONDS EAST, 19.15 FEET TO A POINT 5.0 FEET NORTH OF
THE NORTH LINE OF SAID C. N. S.&M. RAILWAY RIGHT OF
WAY; THENCE NORTH 89 DEGREES 56 MINUTES 26
SECONDS EAST, ALONG A LINE 5.0 FEET NORTH OF AND
PARALLEL WITH THE NORTH LINE OF SAID RAILWAY RIGHT
OF WAY, 60.00 FEET TO THE POINT OF BEGINNING, ALL IN
COOK COUNTY, ILLINOIS;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
Page 133 of 454
1st year $1,000.00 per month
2nd year $1,100.00 per month
3rd year $1,200.00 per month
J II~' , 2009
Page 134 of 454
License Agreement by and between
the City of Evanston and Comcast
Page 135 of 454
Page 136 of 454
Page 137 of 454
Cenific:.r-e as K"pu of Rccords. Files an4 Seal.
STATEOFILLINOxsl
COUNTY OF COOK]u.
I,MARYE MORRIS, CityC1crkofthe CityofEVlU1Stonin the CountyofCo(,kand ~:tat'e
aforesaid~ and Kc:cpcr 01the Records,Filc:s and Seal of said.City.,do hereby certifY tl)'3 tat.~ :lchGtl
hereto is Cl true and QQt'3;'&r;t c.opy of l'llsolucion 3-R-99, a Resoluc:t.cn auchoriz::.n ~l:no
grane of a l~eetl.se to M_d1.aOne .!.llo~:l.ftg cso'l1Structiou of .a buL1Q:lL'\g and placelltl!:l ~c!!.
fa~ce in the.righ~-of-~ay of Mulford Stl;'ut:.and park laud ~D J~s Park -----7
/'
,/
dl of which sppeu-s from.the ~ords and files in my office.
;,
~IN ~TNESS WHER£OF71 haveh~m ~;C':my luand
:lOG affixed die cDrpap-re sc:d of the City c f EV'2.cm:otl
this 25t~,..ot.",H4r@. •. _19~L
••••.•• ') .•••.-'l'_~ •
I ."I.. .• :.1"ln ICl J.J.~.A
Page 138 of 454
. Jl.J'!-12-20elel 09:06
. ~c:lG:.I&.·'I.ttt9111 ,· •••(lI..,~ ••tfeli.
Authorizing the Grant of a Lif;ense tc)MediaOne
AUowing Construction of a Building
and Plat:;ement of :3 Fence in the Public Right..of.Way
of Mulford Street and Park Land in James Park
WHEREAS. MediaOne ("Licensee")is the franchised cable operator for trl~City
of Evanston and i$l~ally licensed to operate and locate faeilities for the pUrpOSI!l,f
WHEREAS,the proposed facllity in James Park is a mandatory campone1t of:."
THAT PART OF THe MULFORD STREET RIGHT OF WAY (HERETOFClFi E
DEDICATED PER DOCUMENT NUMBER 22285598)TOGETHER.WITH 1HAT
PAR.T OF A TRACT OF LAND LYING NORTH OF THE NORTH LINE OF 1HE
C.N.S &M RAILWAY RIGHT OF WAY AND WEST OF AND ADJACENT T)
THE WEST LINE OF THE.EAST %OF THE NORTH'NEST 1/4 OF SECl'\CIN
25. TOWNSHIP 41 NORTH.RANGE 131 EAST OF THE THIRD PRINCIF'A_
MERIDIANI (SAID LINE ALSO BEING THE WEST LINE OF SAID MULFOHO
STREET RIGHT OF WAY). MORE PARTICULARLY OESCRJBED AS
FOLLOWS:
COMMENCING AT THAT POINT OF INTERSECTION OF THE WEST UN ~ OF
THE EAST ~ OF THE NORTHWEST 114 OF SECTION 25 AND THE NC R TH
LINE OF SAtD RAILWAY RIGHT OF WAY. (SAID iNTERSECTION ALSC)
BI;ING THE SOUTHWEST COR~eR OF SAID MULFORD STREET RIGH'r OF
WAY); THENCE NORTH 69 DEGREES 56 MINUTES 26 secoNDS eA~;i •
1Page 139 of 454
. JIJN-12-2000 09: la6-..,.ac I 1-·''t'I es M.at1~o!;Im"'l"Il
CCl CHICRGO .c:I••••f -",,,,~""e•••.•.._ 1630716223<1 P.I!J~I/12...,.... , ~ """ " 1.___.
ALONG SAID SOUTH LINE OF MUl.FORD STREET, 16.29 FEeT;THEf'olCe
NORTH 01 DEGREeS 06 MINUTES 19 SECONDS WEST, 5.00 FEET TO THE
POINT OF BEGINNING: THENCE CONTINUING NORTH 01 DEGREES 013
MINUTES 19 secoNDS WEST. ALONG THE WEST FACE OF AN EXI~iT NG
CONCRETE WAL.K. 28.00 FEET TO A POINT ON THE exiSTING BACi((IF
CURB: THeNCE SOUTH 61 OEGREESS 29 MINUTES 22 SECONDS WEST,
ALONG SAID EXISTING BACK OF CURB AND ITS WEST5RL V EXTENS ON'
THEREOF, 60.14 FEET; THENCE SOUTH 00 DEGREes '03 MINUTES a4
SECONDS EAST, 19.15 FEET TO A POINT 5.0 FEET NORTH OF THE i~()RTH
UNE OF SAID C.N.S & M RAILWAY RIGHT OF WAY:THENCE NORTH a a
OEGREES 56 MINUTES 26 secoNDS EAST,ALONG A LINE 5.0 Fee,'
NORTH OF AND PARALLEL WJTHTHE NORTH liNe OF SAID RAILWJ~Y
RIGHT OF WAY, 60.00 FEET TO THE POINT OF BEGINNING, ALL IN eCIOK
COUNTY.~LLfNOIS
WHEReAS,the City Council of the City ofEvanstcn finds and determineH t 1at
:II.
the best interests of the City and its residen1s would be served by the granting 0 f cl
license to allow the aforesaid bUilding and fence,
Evanston,Cook County, Illinois:
SECTION 1: That the City Manager is hereby authorized and directed tc si!In,
and the City Cieri<hereby authorized and directed to attest on behalf of the City 01
Evanston, a License Agreement in substantial conformity with that attached hemtl ~as
Exhibit 1 and made a part hereof, between the City,.as Licenser, and MediaOne.
as Licensee, providing for construction of a building and placement of a fence c n the
public right-of-way of Mulford Street and Park Land in James Park,Evanston.IInr ois..
Page 140 of 454
the date of its passage and approval in tha man~Uired tly law.. y~~11 )}Lv!ti::~
,. .Mayor
~~ ,.r-'-tr;"¥~V'.1t6Nw
, i~C'erk
Adopted:j 1tev41-'2-
Page 141 of 454
purpose than that ~pec:ified hereIn, then the City may. a1its option, immediatel:f l evo":~
this License:
1', That the .L.icense is for the exclusive purpose of allowing the ccm;tr uctiCfl
of a building and fence on the public right~of~wayat Mulford street and James Pi!rk,
2. That Licensee agrees to obtain any applicable permits required by the
Evanstorl City Code, to construct, install and maintain said bUilding and fenc:e.
3. That. as a material consideration to the City for entering into this _il:ens,;:
and without which the city would nat enter into same,Licensee agrees to indel""ify
and save and hold harmless the City,its successors and 8S$igrtS.from all Jjabilrt~·lbr
4!
Page 142 of 454
. . J1JN-:-12-20013 09:07
~aci 1r~laS ~anagemen~. eel CHICAGOo-rt -.-0-....0.•.•.••
~ppear. defend ;and pay all charges of attorneys and all costs and other e~per;SI~s
additional insured and will give the City thirty days' notice of cancellation.Lice n:;ee will
;
keep said insurant:: in effect throughout the term of this License.
S. Thatthis license is not assignable or othelWise transferable by l.ie en~me.
The CITY OF EVANSTON expressly reserves the right to revoke this liCE 'nse
upon thirty (30) days' written notice if it is determined in the best interest of the C,ity to
do so. In suet'! event. Licensee shall have no recourse agains1 the city.and. ~:d ireetEld
by the City,Licensee shall prolTl?tly remove the lighting unit and promptly resb)('\~to its
original condition, in compliance with applicable regulations,any city-owned areel
exposed by removal of the lighting unit.
Page 143 of 454
JUN-12-2ee0 09:07
.. r at;;I ~., 'T 1!:I':o 1'<lliel\olt:lHI~" \
IN WITNESS WHEREOF, this License is executed this.2!!2 day of .J:.~rL__,
Page 144 of 454
nJN-12-200~ 09:a7
:' t-a'::l !-I'Tle~ManagE!rnen~
eel CHICAGOe"'''-'''--rg-g"," •••~
---------------------------------'----~r
EXHIBIT "A-·
LICENSE AGREEMeNT
THAT PART OF THE MUlJOFtD 5mEi lUGHT OF'WA Y O:!ER....~OFOR.EDEOICA TED PER.DOCt:~lEr;T~li}1BER 2~2! 1598).10GE1li'EEl
WITH TliAT PAATOF A mcroF LA..'\tI)I.Y~G NORnI OF1'HENORnl LlNE OF THE CS.S &:M Jt-\ILW.\Y .R1Glt:C fWA'" Al''D'WCS
OF AND ADJACENT TO THE WES1'UNE OF"M EAST I~ OF THE ~ORmWES1'1/4 OF SEmON 25.TO~SHIP 41 Nt ant.RA."'GE lJ.
EAST Of THE THIRD PRINctP'At MERlDlAN.tSAlO lr.Ir'E ALSO BE~G lHE WEST LF.\."EOF SAID Mllt.rORD sms'iIi lCiHT CiF W.o\yt
~ORE PARTICULARLY DESCRSSO AS FOLLOWS ~
COMMEl'tClNG ATTfiE rQrNT OF f.N1'ERSR·TION OF THE WEST UNS ot:Tli! EAST //2 OfTH'E NORnrwEST 1/4C F :;ECTrl)~25 .~"D,irts NOa-ffi UNE OF SAID RAILwAY RlGHTOFWAY.(SAID 1NTERSECI70N ALSO BErNCi nm SOtJ'IHWEST CORlIE:t OF SIJD
Mlt.FOR.D smn lUOJrT OFWAY)~ me1"CE NORTH 89 DEGREES 56 MIN'lJ1ES 26 SECOMtlS EAST.ALONG SA.tO !rO'.iH U~OF
),ftrtFOROSnEE.T.Itl.29 fESTj THENCE NORTH 01 DEGREES 06 MIl\<1i1ES (9 SECONOS WESf.S.OO FEET TO lREiOl ~OF ~EGD;'NINt
THENCE CONTINfJING ~ORTH 01 DEGREES 06 MINUTES 19 SECONDS WEST. ALONG THE WEST FAa OF AN EXl~ Tt tiG CONCRETE
WALK. 2B.00FEEf TO A.POM ON nm &XlS11NGBACK Of CtJRB; TIiENCE SOUTH Bl bEGmS ~MINlIl'ES 11 SHe )SDS W'EST.ALO
SAID EXISTING BACK Or C1Jll.5 ~p ITS WES!ERJ..Y EX!ENSto~1HEREOF.60.14 FEET:1liENC£SOUTH 00 DEGl:El :s 03 }IlNllttS
34 SECONDS EAST.HU S FEEl TO A porm 5.0 FEET NORnI OF TIlE NORTH LINE OF S,&JD C.N.S &:M RAILWAY a'GJ rr Of WAY;
1HENCE NORiH 89 DEGREEES 55 MIN'tTltS 26 SECONDS EAST,ALONG A lINE 5.0 FEET NORTH OF AND PAAAU.:r.wrrn'me NORl1
LINE OF SAID RAlL WAY RIGHT OF WA Y. 60.00 Fttr to THE POt'lT OF BEGINNiNG. AU IN COOK COUNTY.ILIJlI on.
'*ltST UlIIlt Qr M ~'/2.gF 1••£--l
1II~~lWC$T , /-1$oSl:;7l01Ol t$·"'-!,3 r----ltllll11 Ct'WUl1'Ol'C S~~ET qJQfT (I'WiA'"
I
MULFORO STReET
(HERl::tOFo~e:DEDICATED)
~~ UN!': Ol" •••IIJ'Q~O nll£CT ~:lH1 OF"••
lII12l1'r01UtolE or (lJoI.S ••• ••1tAI~_ - --
CfTY O~EVANSTON
ENGfNEERING OIVISJONM;lrcl,q.1 QQQ
Page 145 of 454
20-R-12
~4~
EXHIBIT B
License Extension
Page 146 of 454
LICENSE EXTENSION
THIS LICENSE EXTENSION entered into this _____ day of ________________, 2012,
by and between the City of Evanston, Illinois (“Landlord”) and Comcast of Illinois IV, Inc.,
successor-in-interest to MediaOne Acquisitions of Northern Illinois, Inc. (“Tenant”).
WHEREAS, Tenant is tenant and Landlord is landlord under a certain License
Agreement originally between MediaOne and The City of Evanston dated March 23, 1999
respecting certain real property located at 2101 Mulford Street, Evanston, Illinois; and
WHEREAS, the License was extended through February 28, 2012; and
WHEREAS, both parties wish to renew the License and extend the Term to May 31,
2012.
NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of
which are hereby acknowledged, Landlord and Tenant hereby agree as follows:
1. The License is hereby renewed as of February 29, 2012, and the Term of the
License is hereby extended through and including May 31, 2012.
2. The monthly rent for the renewal term will be $1,200.00 per month, due on the 1st
day of every month.
3. All notices or demands required or permitted to be given or served pursuant to
this License Amendment shall be deemed to have been given or served only if in
writing forwarded by (a) hand delivery, (b) certified mail, postage prepaid, or (c)
overnight courier, and addressed as follows:
To Landlord: City of Evanston
2100 Ridge Avenue
Evanston, IL 60201
ATTN: City Manager
To Tenant: Comcast of Illinois IV, Inc.
1500 McConnor Parkway
Schaumburg, IL. 60173
ATTN: Director of Facilities and Real Estate
With a copy to: Comcast Cable Communications, LLC
One Comcast Center
1701 John F. Kennedy Boulevard
Philadelphia, PA 19103-2838
ATTN: General Counsel
4. All other terms and conditions of the License shall remain in full force and effect.
Page 147 of 454
2
IN WITNESS WHEREOF, the Landlord and Tenant have caused this Amendment to
License to be duly executed as of the date first written above.
City of Evanston
By: _______________________________
Name: Wally Bobkiewicz
Title: City Manager
Comcast of Illinois IV, Inc.
By: _____________________________
Name:
Title:
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For City Council meeting of February 27, 2012 Item A7
Resolution 15-R-12: Residential Lease for 631 Howard Street, Unit 2
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee)
From: Steve Griffin, Community & Economic Development Director
Nancy Radzevich, Economic Development Manager
Johanna Nyden, Economic Development Coordinator
Subject: Resolution 15-R-12: Authorization for the City Manager to Negotiate and
Execute Residential Lease for 631Howard Street, Unit 2
Date: February 21, 2012
Recommended Action:
Staff recommends that City Council approve Resolution 15-R-12 authorizing the City
Manager to negotiate and execute a residential lease with Anne Carlson and Cody
Modeer for an apartment located at 629-631 Howard Street.
Funding Source:
Not Applicable
Summary:
In February 2011, the City of Evanston purchased a three-story mixed use building
located at 629-631 Howard Street. The building contained two residential units and
ground floor commercial space. Since acquisition, the City has engaged in various
rehabilitation activities at the property to make it suitable for residential and commercial
use. The residential portion of property is currently in the process of being rehabilitated
using through the City’s CDBG-funded Multi-Family Rehabilitation program and the
CDBG Revolving Loan fund.
Since the residential units at 629-631 Howard Street will be rehabilitated using multi-
family rehabilitation funds, the units must be leased to income-qualified households at
affordable rates. Ms. Carlson and Mr. Modeer have provided detailed financial
information and are being certified as eligible to lease a unit at this property.
The City of Evanston uses HUD Fair Market Rents to define affordable rents in its
CDBG Housing Rehabilitation Program. At completion of the rehab work, rents charged
to tenants must be at or below the HUD Fair Market Rents currently in effect for the
Chicago-Joliet-Naperville, IL HUD Metro FMR Area. The 2012 Fair Market Rent for a
Memorandum
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two-bedroom unit is $958.00 per month. If Ms. Carlson and Mr. Modeer renew their
lease in subsequent years, the rent is subject to change based on HUD Fair Market
Rents in effect at the time of renewal. All rent payments will be receipted as Revolving
Loan Income following CDBG regulations and will be used for eligible Housing
rehabilitation projects in the future.
The term of the lease is from May 1, 2012 through April 30, 2013. Tenants will be
required to pay a security deposit equal to one month’s rent. Renewals of this lease will
be subject to City Council action.
Attachments:
Resolution 15-R-12
Copy of Residential Lease
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2/17/2012
15-R-12
A RESOLUTION
Authorizing the City Manager to Negotiate and Execute a Residential
Lease for an Apartment Located at 629-31 Howard Street
WHEREAS, the City of Evanston owns certain real property known as
629-631 Howard Street, Evanston, Illinois (the “Subject Property”), which is improved
with a three-story building containing one (1) commercial unit on the bottom floor and
two residential units on the top two floors; and
WHEREAS, Anne Carlson and Cody Modeer (the “Tenants”), seek to
rent one of the residential units from the City for one year; and
WHEREAS, the City Council has determined that it is in the best
interests of the City of Evanston to lease the aforementioned residential unit and to
execute a lease agreement with the Tenants,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are hereby found as fact and
incorporated herein by reference.
SECTION 2: Pursuant to Subsection 1-17-4-1 of the Evanston City
Code of 1979, as amended, the City Manager is hereby authorized and directed to
negotiate and execute, and the City Clerk hereby authorized and directed to attest, on
behalf of the City of Evanston, a lease agreement by and among the City and the
Tenants for a term of one (1) year. The lease agreement shall be in substantial
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conformity with the lease attached hereto as Exhibit “A” and incorporated herein by
reference.
SECTION 3: The City Manager is hereby authorized and directed to
negotiate any additional terms and conditions for the lease agreement as may be
determined to be in the best interests of the City and approved as to form by the
Corporation Counsel.
SECTION 4: This Resolution 15-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
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EXHIBIT A
RESIDENTIAL LEASE AGREEMENT
THIS LEASE ("Lease") is made and entered into as of the ___ day of ________,
2012, by and between CITY OF EVANSTON, an Illinois municipal corporation and a
home rule unit of the State of Illinois (the "Landlord") and ANNE CARLSON and CODY
MODEER, individuals (collectively referred to herein as "Tenant") for the lease of a two
bedroom residential unit as described below.
In consideration of the rents, covenants and conditions hereafter set forth, the
Landlord and Tenant hereby agree as follows:
1. BASIC LEASE PROVISIONS. In addition to the other terms which are
elsewhere defined in this Lease, the following words and phrases, whenever used in
this Lease, shall have the meanings set forth in this Section 1.
(a) Date of Lease: May 1, 2012
(b) Property: 629-631 Howard Street
Evanston, IL 60202
(c) Premises: 631 Howard Street, Unit 2
Evanston, IL 60202
(d) Possession Date: Upon completion of the landlord’s work to be done to
the Premises and as outlined in Exhibit A, attached
hereto (“Scope of Work”)
(e) Lease Term: One Year
(f) Base Rent: $958.00/per month
(g) Real Estate Taxes
and Operating
Expenses: Landlord will be responsible for the payment of the
real estate taxes for the Premises and the costs of
owning, operating, maintaining, and repairing the
common areas of the Property.
(h) Utilities: Tenant will be responsible for the payment of ALL
utilities, including electricity, gas, water, cable,
internet and other related expenses.
(i) Permitted Use: The Premises shall be used only as a private dwelling
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and for no other purposes whatsoever.
(j) Security Deposit: $958.00 (One Month Rent)
2. PREMISES AND COMMERCIAL LEASE. Landlord owns the Property which is
a mixed use building and Landlord does hereby lease and rent to Tenant, and Tenant
does hereby lease, take and rent from Landlord one of the residential units, the
Premises. The Landlord and Tenant shall also be entering into a separate Lease and
Option Agreement (the “Commercial Lease”) for the first floor commercial space. In the
event of any conflict between the terms and conditions of this Lease and the terms of
the Commercial Lease, the parties unconditionally agree that the terms and conditions
of this Lease shall supersede, prevail and dictate. Any term or condition of the
Commercial Lease not addressed within this Lease shall remain in full force and effect.
The Landlord will cause the halls, corridors, and other parts of the Property
adjacent to the Premises to be lighted, cleaned and generally cared for, accidents and
unavoidable delays excepted. No modifications, alterations, additions, installations, or
renovations, except decorating, shall be undertaken by the Tenant without first obtaining
the written permission from the Landlord, such approval not to be unreasonably
withheld. Excluding damage by fire or other casualty and action of Landlord, Tenant
shall pay for any and all damage to the interior of the Premises beyond normal wear
and tear and shall do so within thirty (30) days of invoicing by the City. If Tenant does
not pay said invoice, the Landlord may elect to make the repairs needed and apply the
Security Deposit pledged by the Tenant to cover the costs. Landlord will deliver the
Premises to Tenant no later than the Possession Date in “broom-clean” state with all
systems functional and in good condition and repair, except as provided herein.
3. TERM. The term of this Lease (the ‘Term”) shall be for a period of one (1) year
commencing on (the “Possession Date”) as defined in Section 1(d) and twelve months
thereafter (the “Expiration Date”). Immediately following delivery of the Premises to
Tenant, Tenant shall execute a Possession and Expiration Date Declaration in the form
attached hereto as Exhibit B, specifying the information called for in said form. After the
Lease is terminated, the Tenant shall leave the Premises in broom clean condition and
shall turn over any and all keys to the City Manager or his or her designee.
4. RENT. Tenant agrees to pay Landlord or Landlord’s agent for the leasing of the
Premises, the monthly base rent due under the terms of this Lease on the 1st day of the
month (the “Base Rent”) at the rate of Nine Hundred Fifty-Eight and no/100 Dollars
($958.00). If the Tenant chooses to renew the lease agreement at year end, the Base
Rent is subject to change based on the Chicago-Joliet-Naperville, IL HUD Metro Area
Fair Market Rent for the subsequent years. The Tenant also acknowledges that they
will have to submit proof of income prior to any renewal of the lease agreement for
eligibility under HUD guidelines.
5. SECURITY DEPOSIT. Concurrently with the execution of this Lease, Tenant
shall deposit with Landlord the sum of Nine Hundred Fifty-Eight and 00/100 Dollars
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($958.00), the amount of one month’s rent. Said sum shall be held by Landlord as
security for the performance of all terms, covenants and conditions of this Lease to be
performed by Tenant. If Tenant defaults with respect to any provisions of this lease,
Landlord may at its option apply all or any portion of such deposit to compensate
Landlord for any loss or damage it may sustain. Landlord shall not be required to keep
this security deposit separate from its general funds and Tenant shall not be entitled to
any interest on such deposit. Tenant shall not use the security deposit as the last
month’s rental payment. The Landlord shall itemize the deductions from the Security
Deposit, if any.
6. PARKING AND STORAGE LOCKER. The Tenant shall be entitled to the use
of one (1) parking spot in the back of the Property under this residential lease. Landlord
will not be responsible for clearing the parking space and surrounding area free from
snow and ice, this is the responsibility of the Tenant. In the basement of the Property,
storage lockers are available for the tenants to the Property. For the Premises, Tenant
shall be entitled to the use of one (1) storage locker. Tenant shall be responsible for
providing a lock for the storage locker. Landlord is not responsible for any lost or stolen
items from the storage locker.
7. NO LIENS. Tenant shall not permit to be created nor to remain undischarged
any lien, encumbrance or charge to become, a lien or encumbrance or charge upon the
Premises by any of Tenant’s creditors or resulting from leasehold improvements. If any
lien or notice of lien on account of an alleged debt of Tenant or any notice of contract by
a party engaged by Tenant or Tenant’s contractor to work in the Premises shall be filed
against the Premises, Tenant shall, within sixty (60) days after notice of the filing
thereof, cause the same to be discharged of record by payment, deposit or bond or
obtain title insurance over the same. In the event Tenant diligently contests any such
claim of lien, Tenant agrees to indemnify, defend, and hold harmless Landlord from any
and all reasonable out of pocket costs, liability and damages, including attorneys’ fees
resulting therefrom, and, if requested, upon demand, Tenant agrees to immediately
deposit with Landlord cash or surety bond in form and with a company reasonably
satisfactory to Landlord in an amount equal to the amount of such contested claim.
8. TENANT INSURANCE OBLIGATIONS. The Tenant shall furnish copies of a
certificate of renter’s insurance with the Landlord named as an additional insured with
an insurance company acceptable to the Landlord for its renter’s insurance policy.
9. QUIET ENJOYMENT. Landlord hereby covenants and agrees that if Tenant
shall perform all the covenants and agreements on Tenant’s part to be performed,
Tenant shall at all times during the Term have the quiet enjoyment and possession of
the Premises.
10. CERTAIN RIGHTS RESERVED TO LANDLORD. In addition to those rights
identified above, Landlord reserves the following rights:
(a) to decorate, remodel, repair, alter or otherwise prepare the Premises for
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re-occupancy if Tenant should permanently vacate the Premises during or prior
to the last sixty (60) days of the Term or any part thereof;
(b) to retain pass keys to the Premises;
(c) to take any and all measures, including, without limitation, inspections,
repairs, and alterations to all or any part of the Premises, as may be necessary
or desirable for the safety, protection or preservation of the Premises or
Landlord's Interests or as may be necessary or desirable in the operation of the
commercial portions of the Premises; and
Landlord may enter upon the Premises with reasonable notice to Tenant and may
exercise any or all of the foregoing rights hereby reserved without being deemed guilty
of an eviction or disturbance of Tenant’s use or possession and without being liable in
any manner to Tenant. Landlord agrees that it shall not interfere with the Tenant's use
and occupancy unless Landlord determines in its reasonable discretion that such
interference is necessary.
11. DEFAULT REMEDIES.
(a) Any one of the following events shall be deemed to be an event of default
hereunder by Tenant subject to Tenant's right to cure:
(1) Tenant shall fail to pay rent within five (5) days, at the time and
place when and where due;
(2) Tenant shall fail to maintain the insurance coverage as set forth
herein;
(3) Tenant shall fail to comply with any term, provision, condition or
covenant of this Lease, other than the payment of Rent, and shall not
cure, or commence the good faith cure of any such failure, within 30 days
after written notice to the Tenant of such failure, provided that if such cure
cannot be effected within 30 days, Tenant shall not be in default
hereunder so long as Tenant commences such cure or has requested bids
for such cure within 45 days and diligently pursues the completion and in
good faith and Tenant does subsequently cure said default within 60 days;
and
(4) Tenant assigns this Lease or sublets the Premises to any other
persons.
(b) Upon the occurrence of any event of default, Landlord shall have the
option to pursue any one or more of the following remedies subject to the laws of
the State of Illinois and the Tenants right to cure:
(1) Terminate this Lease and in the event of such termination, Landlord
may, at its option, declare the entire amount of the Rent which would
become due and payable during the remainder of the Term to be due and
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payable immediately, in which event Tenant agrees to pay the same at
once, together with all Rent theretofore due, provided, however, that such
payments shall not constitute a penalty or forfeiture or liquidated
damages, but shall merely constitute payment in advance of the Rent for
the remainder of the Term.
(2) Landlord may recover from Tenant upon demand all of Landlord's
costs, charges and expenses, including the fees and costs of counsel,
agents and others retained by Landlord which have been incurred by
Landlord in enforcing Tenant's obligations hereunder, subject to Landlord
prevailing on its claims.
(c) Pursuit of any of the foregoing remedies shall not preclude pursuit of any
other remedy herein provided or available to Landlord at law or in equity, or
constitute a forfeiture or waiver of any Rent due hereunder or of any damages
suffered by Landlord.
12. INDEMNITY. Tenant agrees that the mayor and council members, department
and divisions officials, officers, agents, attorneys, and employees of the Landlord shall
not be liable for any claim of any kind or in any amount for any injury to or death or
persons or damage to property of Tenant or any other person. Tenant shall indemnify
and hold Landlord harmless from all liability whatsoever, and from all losses, costs and
expenses (including without limitation attorneys' fees and expenses) incurred or
suffered as a result of or related to any real or claimed damage or injury related to
Tenant's negligence, gross negligence, or acts of intentional misconduct. In the event
that Tenant is named as a defendant in any legal proceeding arising from any acts of
gross negligence or intentionally wrongful acts of Landlord for any injury or any claimed
damage occurring at the Premises, then Landlord shall indemnify and hold Tenant
harmless from all liability whatsoever, and from all losses, costs and expenses
(including without limitation attorneys' fees and expenses) incurred or suffered as a
result of or related to any real or claimed damage or injury provided that a) Landlord is
named as a defendant in the legal proceeding; b) the claim arises from acts of gross
negligence or intentional misconduct by the Landlord; c) Tenant’s own negligent act or
intentional misconduct; and d) the claim is unrelated to Tenant's use and occupancy of
the Premises.
13. LIABILITY FOR ACTS OR NEGLECT. If any damage to the Premises, or any
part thereof, results from any. act or neglect of Tenant or its invitees or other guests,
agents, customers, invitees or other guests of it’s customers, or employees,
independent contractors, or the like, Tenant shall immediately repair the same;
provided, however, that Landlord may, at its option, repair such damage and Tenant
shall, upon demand by the Landlord, reimburse the Landlord forthwith for the total cost
of such repairs. All personal property belonging to Tenant shall be at the sole risk of the
Tenant and such other person only and the Landlord shall not be liable for damage,
theft or misappropriation thereof.
14. DESTRUCTION OR CONDEMNATION. In the event of destruction of or
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damage to, the Premises by fire or other casualty, Landlord shall use the proceeds of its
insurance to promptly rebuild and restore the Premises to their condition immediately
prior to such destruction or damage. Landlord or Tenant may terminate this Lease and
the Parties rights hereunder and the Parties shall be released of its obligations and this
Lease shall cease and terminate as of the date the other Party receives written notice of
such election, and neither party hereto shall have any further obligation to the other. If
the whole or any part of the demised Premises shall be taken by any public authority
under the power of eminent domain, the Lease term shall cease as of the day of
possession shall be taken by such authority if such is of the entire demised Premises
and any rents shall be prorated as of said date.
15. ATTORNEYS' FEES AND EXPENSES. If at any time during the Term of this
Lease either Landlord or Tenant shall institute any action or proceeding against the
other relating to the provisions of this Lease, or any default hereunder, each party to
pay its own attorneys fees and costs.
16. ENTIRE AGREEMENT. This Lease contains the entire agreement of the parties
with respect to the Premises and no representations or agreements, oral or otherwise,
between the parties not embodied herein shall be of any force or effect. No failure of
Landlord to exercise any power given Landlord hereunder or to insist upon strict
compliance by Tenant of any obligation hereunder, and no custom or practice at
variance with the terms hereof, shall constitute a waiver of Landlord's right to demand
strict compliance with the terms hereof. Time is of the essence of this Lease, and of
each term, condition and provision hereof.
17. HOLDING OVER. Upon termination of this Lease, by lapse of time or otherwise,
Tenant shall surrender the Premises (and all keys thereto) in the same condition as at
commencement of the Term, excepting only reasonable wear and tear and loss by
insured casualty. If Tenant remains in possession after expiration of the Term, Tenant
agrees to yield up immediate and peaceable possession to Landlord, and if failing to do
so, in connection with the expiration of the Term or any termination hereof by the
Parties, the Tenant shall pay the sum of one hundred and no/100 Dollars ($100.00) per
day, for the time such possession is withheld.
18. SEVERABILITY. If any term, covenant or condition of this Lease or the
application thereof to any person or circumstance shall be determined to be invalid or
unenforceable to any extent, neither the remainder of this Lease nor the application of
such term, covenant or condition to any other person or circumstance shall be affected
thereby, and each term, covenant or condition of this Lease shall be valid and
enforceable to the fullest extent permitted by law.
19. GOVERNING LAW AND TIME LIMITATION. This Lease shall be construed and
enforced in accordance with the laws of the State of Illinois. All disputes relating to the
interpretation and enforcement of the provisions of this Lease shall be resolved
exclusively by the federal or state court located in Cook County, Illinois, and the parties
hereto hereby submit to the jurisdiction and venue of the court for such purpose.
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20. NOTICES. Notices sent to the Parties, should be mailed to the addresses set
forth below:
(a) Landlord: City of Evanston
Attn: Corporation Counsel
2100 Ridge Avenue, Room 4400
Evanston, IL 60201
(b) Tenant: Anne Carlson and Cody Modeer
631 Howard, Unit 2
Evanston, IL 60202
A mailed notice is must be sent via certified mail, return receipt requested and effective
three (3) business days after deposit in the U.S. Mail. Notice given by overnight courier
is effective upon delivery.
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IN WITNESS WHEREOF, both of said Landlord and Tenant have caused this
Lease to be executed as of the date and year first above written by a duly authorized
officer or manager of each of the respective parties.
Landlord: THE CITY OF EVANSTON,
an Illinois home rule municipal corporation
By: _________________________________
Its: City Manager, Wally Bobkiewicz
Tenant: ANNE CARLSON Tenant: CODY MODEER
By: _______________________ By: ___________________________
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Exhibit A
SCOPE OF WORK
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For City Council meeting of February 27, 2012 Item A8
Resolution 17-R-12: CDBG Micro Loan for New Business at 629 Howard
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee)
From: Steve Griffin, Community & Economic Development Director
Nancy Radzevich, Economic Development Manager
Sarah Flax, Housing and Grants Coordinator
Johanna Nyden, Economic Development Coordinator
Subject: Resolution 17-R-12: Community Development Block Grant (CDBG) Micro-
Loan for New Business at 629 Howard Street
Date: February 21, 2012
Recommended Action:
Staff recommends approval of Resolution 17-R-12, authorizing the City Manager to
negotiate a CDBG Loan Agreement with Ward Eight, LLC. This resolution authorizes
the City Manager to underwrite, negotiate, and execute a project agreement for a loan
of $130,000 to Ward Eight, LLC, a new wine bar/cocktail lounge at 629 Howard Street.
The loan would be for furnishings and fixtures, and operating capital associated with
opening this business.
Funding Source:
Community Development Block Grant-Recovery Funds in an amount not to exceed
$130,000.
The proposed source of funds for this loan is Community Development Block Grant-
Recovery (CDBG-R) funds from the American Recovery and Reinvestment Act of 2009.
CDBG-R funds are a one-time allocation of funds that were distributed on a formula
basis to CDBG entitlement communities and are subject to the CDBG regulations in 24
CFR Part 570. CDBG-R funds must be expended by September 30, 2012. City Council
approved a substantial amendment to the City’s CDBG-R Plan that allocated unspent
CDBG-R funds for Economic Development activities in the City’s south Neighborhood
Revitalization Strategy Area on November 14, 2011; it was approved by the HUD
Chicago Field Office on November 23, 2011.
Summary:
The City purchased 629-631 Howard Street in February 2011 with the intent to acquire
key properties along Howard Street to support district revitalization efforts. The goal of
the purchase of these properties was to rehabilitate purchased buildings and lease and
Memorandum
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ultimately sell the properties to users that would generate commercial activity along
Howard Street and generate new revenue for the City.
The proprietors of Ward Eight seek to establish and operate a wine bar/cocktail lounge
at City-owned property at 629-631 Howard Street. It is their intention to lease space in
both the commercial and residential portions of the property. As discussed in other
memorandums, the proprietors of Ward Eight seek to enter into a lease-to-own
agreement with the City. In seeking to establish this business, the owners of Ward 8
have estimated that they would require $130,000 for furnishings and fixtures, and
operating capital.
The loan is CDBG-R eligible under the category of providing direct assistance to a
low/moderate income (LMI) micro-enterprise. This is defined by the U.S. Department of
Housing & Urban Development (HUD) as a business with five or fewer employees,
including the owners, and the owners are themselves LMI. Low/moderate-income is
defined as a household whose anticipated gross income for the next 12 months does
not exceed 80% of the area median income using the HUD Part 5 method of income
determination.
Attached to this memorandum is the business plan for Ward Eight, LLC as well as the
proposed project agreement. Based on a review of the business plan and detailed
financial information provided by the potential proprietors of Ward Eight, this project
qualifies for CDBG-R as a LMI micro-enterprise loan from the City of Evanston. The
proposed terms of the loan agreement are for a fully amortizing loan for a period of 10
years at 4 percent interest. The monthly payment for Ward Eight is estimated to be
$1,316.19. CDBG-R loan payments are receipted as Program Income following CDBG
regulations and may be used for any CDBG-eligible program or project in the future.
Upon authorization of the City Manager to underwrite, negotiate, and execute a project
agreement, staff will undertake a full review of the project using the CDBG Guidelines
and Objectives for Evaluating Project Costs and Financial Requirements in Appendix A
to Part 570. The objectives of those underwriting guidelines are to:
1) Ensure that the project costs are reasonable. Staff will undertake a full evaluation
to determine that the proposed costs and expenses for each item are accurate
and truthful. This step ensures that the recipient is receiving an appropriate
amount of funds for this project.
2) Sources of project financing are committed. Staff will review all proposed sources
and uses of funds for this project.
3) Ensure that CDBG funds are not substituted for non-Federal financial support.
Staff will review all documentation from Ward Eight to determine that they
exhausted other non-Federal sources of funds for this project.
4) Ensure that this project is financially feasible. Through review of project costs,
business plan, and profit and loss statement staff will review to determine that the
proposed estimates and funds committed to this project are appropriate.
5) Ensure return on equity investment. HUD seeks to fund activities that will
support a reasonable return on the assisted activity to the owner of said assisted
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activity. The terms and conditions outlined in the attached project agreement
seek to provide a reasonable return on the project for Ward Eight.
6) Ensure disbursement of CDBG funds on a pro rata basis. Staff will work with the
applicant to create a timeline of the project as it will relate to the need to draw
funds from CDBG as well as funds from the Howard-Ridge Tax Increment
Financing District, taking into account the eligible uses for each funding source.
Upon completion of this review, staff will document the project underwriting to ensure
that the City has appropriately underwritten the Ward Eight project.
Attachments:
Copy of Resolution
Copy of Project Agreement
Ward Eight Business Plan
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2/17/2012
17-R-12
A RESOLUTION
Authorizing the City Manager to Negotiate a CDBG Loan
Agreement with Ward Eight, LLC
WHEREAS, the Congress of the United States passed Public Law 93-383,
Title I of the Housing and Community Development Act of 1974, which established the
Community Development Block Grant (“CDBG”) Program; and
WHEREAS, the City of Evanston (the “City”) is an “Entitlement City” by
definition in said Acts, and as such, is eligible to make application to the United States
Department of Housing and Urban Development (“HUD”) for said grant programs; and
WHEREAS, and the Community Development Block Grant-Recovery
funds (“CDBG-R funds”), which is part of the American Recovery and Reinvestment Act
of 2009, have been allocated for economic development activities in or near census
tract 8102, which comprises the City’s south Neighborhood Revitalization Strategy Area
(“NRSA”).
WHEREAS, the City seeks to loan $130,000.00 (One Hundred Thirty
Thousand and no/100 Dollars) of CDBG-R funds to Ward Eight, LLC, an Illinois limited
liability company, for an economic development project to operate a new business in the
City and said funds will be used for equipment, inventory, fixtures, and other appropriate
uses under HUD guidelines (the “Loan”); and
WHEREAS, Ward Eight, LLC will be occupying the commercial space on
the first floor of the city property located at 629 Howard Street, Evanston, Illinois (the
“Property”);
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City Manager or his designee is hereby authorized and
directed to review and underwrite the Loan, using the applicable HUD criteria for CDBG-
R funds.
SECTION 2: If the City Manager or his designee determines that Ward
Eight, LLC is qualified and approved to be recipient of the Loan, then the City Manager
or his designee is authorized to negotiate further all corresponding loan documents
between the City and Ward Eight, LLC.
SECTION 3: In the event that the Loan is approved, the City Manager is
also authorized to execute loan documents in substantial conformity with the attached
documents. Attached as Exhibit “A” is a project agreement, Exhibit “B” is the
promissory note for the Loan, Exhibit “C” is the commercial guaranty for the Loan, and
Exhibit “D” is the security agreement for the Loan.
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
______________________________
Rodney Greene, City Clerk
Adopted: __________________, 2012
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EXHIBIT “A”
PROJECT AGREEMENT
Loan Agreement dated as of March 15, 2012, WARD EIGHT LLC, an Illinois
limited liability company , individuals (the “Borrower”), and the CITY OF EVANSTON,
ILLINOIS, an Illinois municipal corporation (“City”), as Grantee under a Grant
Agreement with the United States Department of Housing and Urban Development, and
subject to the provisions of said loan. The Borrower and the City shall be referred to
herein as the “Parties”. The Parties hereto hereby agree as follows:
ARTICLE 1
DEFINITIONS AND ACCOUNTING TERMS
SECTION 1.01. Defined Terms. As used in this Agreement, the following terms
have the following meanings (terms defined in the singular to have the same meaning
when used in the plural and vice versa):
"Affiliate" means any Person (l) which directly or indirectly controls, or is controlled
by, or is under common control with the Borrower or a Subsidiary; (2) which directly or
indirectly beneficially owns or holds five percent (5%) or more of any class of voting
stock of the Borrower or any Subsidiary; or (3) five percent (5%) or more of the voting
stock of which is directly or indirectly beneficially owned or held by the Borrower or a
Subsidiary. The term control means the possession, directly or indirectly, of the power
to direct or cause the direction of the management and policies of a Person, whether
through the ownership of voting securities, by contract, or otherwise.
"Agreement" means this Loan Agreement, as amended, supplemented, or modified
from time to time.
"Borrower" is the person, persons, or entity owing money under this agreement or
combination thereof.
"Business Day" means any day other than a Saturday, Sunday or other day on which
commercial banks in Illinois are authorized or required to close under the laws of the
State of Illinois.
"Collateral" means all property subject to the Lien granted by the Security
Agreement, and/or Mortgage.
"Debt" means (1) indebtedness or liability for borrowed money or for the deferred
purchase price of property or services (including trade obligations); (2) obligations as
lessee under capital leases; (3) current liabilities in respect of unfunded vested
benefits under any retirement plans; (4) obligations under letters of credit issued for the
account of any Person; (5) all obligations arising under acceptance facilities; (6) all
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guaranties, endorsements (other than for collection or deposit in the ordinary course of
business), and other contingent obligations to purchase, to provide funds for payment,
to supply funds to invest in any Person, or otherwise to assure a creditor against loss;
funds to invest in any Person, or otherwise to assure a creditor against loss; and (7)
obligations secured by a Lien on property owned by the Person, whether or not the
obligations have been assumed.
"Event of Default" means any of the events specified and provided that any
requirement for the giving of notice, the lapse of time, or both, or any other condition,
has been satisfied.
"GAAP" means generally accepted accounting principles in the United States.
"Guarantor" means names of all guarantors – those who own 20% or more of
business.
"Guaranty" means the Note to be delivered by the Guarantor under the terms of this
Agreement.
"Head Office" means City Hall, 2100 Ridge Avenue, Evanston, Illinois 60201.
"Liens" means any mortgage, deed of trust, pledge, security interest, hypothecation,
assignment, deposit arrangement, encumbrance, lien (statutory or other), or preference,
priority, or other security agreement or preferential arrangement, charge, or encum-
brance of any kind of nature whatsoever (including, without limitation, any conditional
sale or other title retention agreement, any financing lease having substantially the
same economic effect as any of the foregoing, and the filing of any financing statement
under the Uniform Commercial Code or comparable law of any jurisdiction to evidence
any of the foregoing).
"Loan" will have the meaning assigned to such term in ARTICLE II.
"Loan Documents" means this Project Agreement, the Promissory Note, the Security
Agreement, and the Commercial Lease Agreement.
"Note" will have the meaning assigned to such term in ARTICLE II.
"CDBG" means Community Development Block Grant – Recovery Program
governed by the program rules and regulations under the Housing and Community
Development Act of l974, as amended.
"Person" means an individual, partnership, corporation, business trust, joint stock
company, trust, unincorporated association, joint venture, governmental authority, or
other entity of whatever nature.
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"Security Agreement" means the Security Agreement to be delivered by the
Borrower under the terms of this Agreement.
"Subsidiary" means, as to any Person, corporation of which shares of stock having
ordinary voting power (other than stock having such power only by reason of the
happening of a contingency) to elect a majority of the board of directors or other
managers of such corporations is at the time owned, or the management of which is
otherwise controlled, directly, or indirectly through one or more intermediaries, or both,
by such Person.
SECTION 1.02. Project Description. Borrower will be opening a wine
bar business called “Ward Eight” at 629 W. Howard Street, Evanston, Illinois 60202.
Ward Eight will be an owner-operated neighborhood bar and eatery. The establishment
will be serving cocktails, craft beer, boutique wines, and seasonal food to its customers.
The loan funds will be used in accordance with the terms of this Agreement to enable
the Borrower to begin operating the subject business.
SECTION 1.03. Borrower Representations. The Borrower represents and
warrants that it is duly organized and existing under the laws of State of Illinois and is in
good standing as necessary in the State of Illinois. The Borrower represents it has the
power to enter into this Agreement and other Loan Documents required under this
agreement. That by proper action in accordance with its organizational documents has
been duly authorized to execute and deliver this Agreement and all documents required
under its terms. The Borrower covenants that this Agreement does not contravene any
law or contractual restriction binding or affecting the Borrower, and that the Agreement
will be legal, valid, and binding obligations of the Borrower, and further that as of the
date of this agreement the Borrower represents that no event or change of condition
has occurred which is a material (as defined by the Securities and Exchange
Commission) which would affect the ability of the Borrower to perform its obligations
hereunder on a timely basis.
A. As of the date of this Agreement there is no suit, action, or proceeding
pending or threatened as to which outcome would be materially adverse effect on the
Borrower.
B. The Borrower and all entities affiliated with the Borrower have filed all tax
returns required to be filed by them and paid all taxes required as show on those
returns.
C. The Borrower represents that it has a DUNS (Data Universal Numbering
System) number, in order facilitate disbursement of loan funds properly under federal
guidelines.
SECTION 1.04. Accounting Terms. All accounting terms not specifically
defined herein will be construed in accordance with generally accepted accounting
principles consistent with those applied in the preparation of the financial statements,
and all financial data submitted pursuant to this Agreement will be prepared in
accordance with such principles.
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SECTION 1.05. Security Interests. The Borrower hereby grants a security
interest in and to all equipment (as defined in Article 9 of the Illinois Uniform
Commercial Code), machinery, apparatus, fittings, and other tangible personal property
from the use of the proceeds of this Loan Document and Note. Including but not limited
to, all the property described in "Exhibit A"; and any other now owned or hereafter
acquired machinery, apparatus, equipment, and betterment.
ARTICLE II
AMOUNT AND TERMS OF THE LOAN
SECTION 2.01. Amount of Loan. The City agrees based on the terms and
conditions hereinafter set forth, to make a loan (the "Loan") to the Borrower on the date
of this Agreement in the principal sum of One Hundred Thirty Thousand and no/100
Dollars ($130,000.00).
SECTION 2.02. Interest. The Borrower will pay interest to the City on the
outstanding and unpaid principal amount of the Loan made under this Agreement at a
rate per annum equal to four percent (4%). Any principal amount not paid when due
(at maturity, by acceleration, or otherwise) will bear interest thereafter until paid at a
rate, which will be eighteen percent (18%).
SECTION 2.03. Term Note. The Borrower's obligation to repay the Loan will be
evidenced by its promissory note (the "Note") in substantially the form of Exhibit B
hereto and payable to the order of the City.
SECTION 2.04. Indebtedness. The Borrower will not incur any long-term
indebtedness for borrowed money or guarantee any such long-term indebtedness or
issue debt securities of any type without the written consent of the City other than (a) in
replacement of existing or maturing debt (b) in the ordinary course of business
consistent with prior practice.
SECTION 2.05. Payment of Funds. The Parties acknowledge and agree that
the Loan funds will be used for payment of Eligible Uses, defined supra in Section 2.07,
and payment will be made to the vendors directly by the City after determination of
eligibility. In addition, the parties will later agree on the amount of working capital funds
and a disbursement schedule. The funds shall be fully disbursed on or before August
15, 2012 to the Borrower and payment made to the vendors no later than September
30, 2012.
SECTION 2.06. Access to Information. Upon request and reasonable notice of
the City, the Borrower agrees to provide any and all receipts, invoices, statements,
accounts, etc., for the project, as the City may deem necessary, for its review of the
project costs and management. Further, during the course of this Agreement ongoing
access to the Borrowers books, contracts, records, and properties for review of the
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operations of the Borrower. The Borrower agrees to provide the City with the following
documents prior to funding under this Agreement:
• Projected Cash Flow for 10 years;
• Budget including operating cash flow;
• Amount of the Monetary Investment from Borrower;
• Business Plan for the operation of the wine bar and restaurant;
• Project Timeline
SECTION 2.07. Microenterprise Assistance. The Borrower’s business, prior to
execution of this Project Agreement, must meet or exceed the qualification standards
for a microenterprise set by HUD.
A. Purpose: The microenterprise business will employ five or fewer persons,
including the business owner or owners.
B. Eligibility: The Borrower has been previously determined to be eligible for
assistance, and has met a low-moderate income test; that is the Borrower (business
owners) has an income which does not exceed 80% of the area median income, which
is based on family size and gross annual income. The Borrower represents that the
business for which this assistance qualifies as a microenterprise, defined as having 5 or
fewer employees (including business owner).
C. Eligible Use of Funds:
i. Funds can be used to purchase capital equipment and fixtures including,
but not limited to, processing or display equipment; computer hardware; office
furniture; display fixtures, or other equipment and fixtures that directly support the
business activities of the applicant. The City intends to file a UCC lien on the
business.
ii. Funds can also be used for working capital purposes. The City intends
to file a UCC lien on the business.
iii. Program funds can be directed to purchase inventory for the business.
iv. Software that is specifically related to the business activity of the
Borrower may be purchased with the funds.
v. Other uses not specified and deemed appropriate by the City, will be
considered, including attorney fees or professional services, provided that it is in
the Borrower’s Project Budget.
D. Ineligible Use of Funds:
i. Refinancing of existing debt and payment of interest as a result of interim
financing is an ineligible use of funds.
ii. Rental payments for the commercial business to the Landlord and rental
payments for Borrower’s residence.
iii. Motor Vehicles cannot be purchased or leased with funds.
E. Disbursement of Funds: City disbursement of loan funds will be based on a
mutually agreed upon schedule and based on documented costs between the City and
the Borrower. The type of documentation required will be based on the expense to be
paid for; i.e. equipment/working capital/inventory/repairs, etc.. The loan funds must be
drawn on or before August 15, 2012.
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ARTICLE III
GENERAL PROVISIONS
SECTION 3.01. Amendments. No amendment, modification, termination, or
waiver of any provision of any Loan document to which the Borrower is a party, nor
consent to any departure by the Borrower from any Loan Document to which it is a
party, will in any event be effective unless the same will be in writing and signed by both
parties, and then such waiver, consent, or extension will be effective only in the specific
instance and for the specific purpose for which given.
SECTION 3.02. Notices. All notices and other communications provided for
under this Agreement and under the other Loan Documents to which the Borrower is a
party will be in writing (including telephone facsimile communication) and mailed or
telephone facsimiles or delivered it to the Borrower, at its address at:
Ward Eight LLC
631 Howard, Unit 2
Evanston, IL 60202
And if to the City, at its address at:
City of Evanston
Community and Economic Development Department
2100 Ridge Avenue
Evanston, IL 60201
With a copy to:
City of Evanston Law Department
Attn: W. Grant Farrar, Corporation Counsel
2100 Ridge Avenue, Room 4400
Evanston, IL 60201
or as to each party at such other address as will be designated by such party in a
written notice to the other party complying as to delivery with the terms of this Section
3.02. All such notices and communications shall, when mailed or telephone facsimile,
be effective when deposited in the mails or delivered to the telegraph company, respec-
tively, addressed as aforesaid, except that notices to the City pursuant to the provisions
of Article II shall not be effective until received by the City.
SECTION 3.03. No Waiver Remedies. No failure on the part of the City to
exercise, and no delay in exercising, any right, power, or remedy under any Loan
Documents shall not operate as a waiver thereof; nor shall any single or partial exercise
of any right under any Loan Documents preclude any other or further exercise thereof or
the exercise of any other right. The remedies provided in the Loan Documents are
cumulative and not exclusive of any remedies provided by law.
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SECTION 3.04. Successors and Assigns. This Agreement shall be binding
upon and inure to the benefit of the Borrower and the City and their respective
successors and assigns, except that the Borrower may not assign or transfer any of its
rights under any Loan Document to which the Borrower is a party without the prior
written consent of the City.
SECTION 3.05. Business Contemplated. This Agreement requires the
Borrower to maintain the nature and type of business contemplated by the parties upon
execution of this Agreement, operation of a wine bar and restaurant within the corporate
limits of the City of Evanston, and failure to do so will be considered a non-monetary
default, of the Note (Exhibit B).
SECTION 3.06. Costs, Expenses, and Taxes. Upon an Event of Default
under the Loan Documents ,the Borrower agrees to pay on demand all costs and
expenses in connection with the collection of any of the loaned amounts, including
without limitation the reasonable fees and out-of-pocket expenses of counsel for the
City, and local counsel who may be retained by said counsel, with respect thereto and
with respect to advising the City as to its rights and responsibilities under any of the
Loan Documents, and all costs and expenses, if any, in connection with the
enforcement of any of the Loan Documents. In addition, the Borrower shall pay any and
all stamp and other taxes and fees payable or determined to be payable in connection
with the execution, delivery, filing, and recording of any of the Loan documents and the
other documents to be delivered under any such loan collection efforts.
SECTION 3.07. 24 CFR Part 570, Subpart K (Labor Standards) or Davis-
Bacon. After staff review, it has been determined by the City, acting through its
Community and Economic Development Director, that this activity is primarily related to
financing and that the City has no direct control or authority over any construction
activity within the commercial space subject to this Agreement, other than those arising
by operation of law concerning building, fire, safety, etc. codes, adopted from national or
state sources and uniformly enforced in the municipality.
SECTION 3.08. Indemnity. The Borrower will indemnify and hold harmless the
City and its officers, officials, agents, and employees from and against any and all
losses (including reasonable attorneys’ fees), by it or them while it or they are acting in
good faith to carry out the transactions contemplated by this Loan Document, and
related Agreements. Except as otherwise provided in this Agreement, Borrower shall
protect, indemnify and save City and its officers, agents, attorneys, and employees
harmless from and against any and all obligations, liabilities, costs, damages, claims
and expenses of whatever nature arising from this Agreement in any way, including any
contracts entered into for the construction of the improvements, operation of the
business, or otherwise, or arising from any negligent or willful act of Tenant. Tenant
shall pay for all of Landlord’s costs of suit and attorneys fees and expenses.
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SECTION 3.09. Governing Law. This Agreement and the Note shall be
governed by, and constructed in accordance with, the laws of the State of Illinois.
SECTION 3.10. Severability of Provisions. Any provision of any Loan
Document, which is prohibited or unenforceable in any jurisdiction shall, as to such
jurisdiction, be ineffective to the extent of such prohibition or unenforceability without
invalidating the remaining provisions of such Loan Document or affecting the validity or
enforceability of such provision in any other jurisdiction.
SECTION 3.11. Headings. Article and Section headings in the Loan
Documents are included in such Loan Documents for the convenience of reference only
and shall not constitute a part of the applicable Loan Documents for any other purpose.
ARTICLE IV
REGULATIONS
The following laws and regulations govern the use of the proceeds of these funds
and Borrower must acknowledge and agree to adhere to the following regulations:
SECTION 4.01. Statutes.
A. Housing and Community Development Act of 1974, as amended;
P.L.93-383 42 U.S.C. 5301, et. seq;
B. National Environmental Policy Act of 1969;
C. Civil Rights Act of 1964 - Title VI;
D. Civil Rights Act of 1968 - Title VIII;
E. Housing and Community Development Act of 1968, as amended,
(Section 3);
F. Rehabilitation Act of 1973, as amended;
G. Age Discrimination Act of 1975, as amended;
H. Uniform Relocation and Real Property Acquisition Policies Act of 1970,
as amended;
I. Flood Disaster Protection Act of 1973;
J. Hatch Act;
K. Lead-Based Paint Poisoning Prevention Act.
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SECTION 4.02. Executive Orders.
A. Executive Order 11246, as amended by Executive Orders 11375
and 12086 (Non-Discrimination);
B. Executive Order 11063, as amended by Executive Orders 12259
(Equal Opportunity/Non Discrimination);
C. Executive Orders 11988 and 11288 (Flood Hazards and
Prevention, Control and Abatement of Water Pollution)
SECTION 4.03. Regulations.
A. 24 CFR Part 58 (Environmental);
B. 24 CFR Part 1 (Civil Rights);
C. 41 CFR Chapter 60 (Non-Discrimination)
D. 24 CFR Part 107 (Equal Opportunity/Non-Discrimination)
E. 24 CFR Part 42 (Relocation/Acquisition)
F. 24 CFR Part 570, Subpart K (Labor Standards)
G. OMB Circular A-87 (Cost Principles)
H. OMB Circular A-102 (Uniform Administrative Requirements)
I. 24 CFR Part 35 (Lead-Based Paint Poisoning)
J. 24 CFR 570 (CDBG - Economic Development)
Including an ongoing project determination of and in accordance with
CFR 570.209 as follows:
1. The project costs are reasonable;
2. That all sources of the project financing are committed;
3. That to the extent practicable, CDBG funds are not substituted
for non-Federal financial support;
4. That the project is financially feasible;
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5. That to the extent practicable, the return on the owner's equity
investment will not be unreasonably high;
6. That to the extent practicable, CDBG funds are distributed on a
pro-rata basis with other financing.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective officers thereunto duly authorized, as of the date first
above written.
WARD EIGHT LLC
By:______________________________________________
Name: Cody Modeer
Its: Manager
By:______________________________________________
Name: Anne Carlson
Its: Manager
CITY OF EVANSTON
By:____________________________________________
CED Director, as designee for City Manager
Community and Economic Development Department
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EXHIBIT B
PROMISSORY NOTE
Name and Address of Borrower:
Ward Eight LLC
629 Howard Street
Evanston, IL 60202
Dated: August 15, 2012
1. BORROWER’S PROMISE TO PAY
FOR VALUE RECEIVED, the undersigned, Ward Eight LLC, an Illinois limited liability
company(referred to hereafter as the "Borrower"), promise to pay to the order of the City
of Evanston, an Illinois home rule municipal corporation, acting through its Community
and Economic Development Department, with its principal office located at 2100 Ridge
Avenue, Evanston, Illinois (the “Lender”), in the manner provided in this Note, the
principal sum of $130,000.00 (One Hundred Thirty Thousand and 00/100 Dollars) (the
“Loan”), the security interest will be secured by a Uniform Commercial Code financing
statement (the “UCC Financing Statement”) and security agreement (the “Security
Agreement”) against the Borrower’s equipment and fixtures (“Equipment and Fixtures”)
to be located at 629 Howard, Evanston, Illinois (the “Property”) for the operation of the
business, dated the date of this Note and recorded with the Cook County Recorder of
Deeds on ____________, 2012 and as Document Number _______________ (the
“Security”), together with interest computed on the basis of a 360 day year, from the
date of disbursement on the balance of principal remaining from time to time unpaid at
an annual rate equal to the greater of four percent (4.00%). Any principal amount not
paid when due (at maturity, by acceleration, or otherwise) will bear interest thereafter
until paid at a rate, which will be eighteen percent (18%). The Lender or anyone who
takes this Note by transfer and who is entitled to receive payments under this Note will
be called "Note Holder".
The funds for the Loan are provided through the Community Development Block Grant-
Recovery funds (“CDBG-R funds”), part of the American Recovery and Reinvestment
Act of 2009, totaling the amount of the Loan, have been allocated for economic
development activities in or near census tract 8102, which comprises the City’s south
Neighborhood Revitalization Strategy Area (NRSA). Economic development is a high
priority of the NRSA plan, which is part of the City’s 2010-2014 Consolidated Plan to
achieve the community development goals for south Evanston. This census tract is also
targeted by the City’s Neighborhood Stabilization Program 2 grant to purchase,
rehabilitate and re-occupy foreclosed homes in neighborhoods hardest hit by
foreclosures and job losses.
CDBG-R funds will be used for economic development projects that may include:(a)
Rehabilitation of commercial properties purchased by the City with TIF dollars to
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address code violations and make improvements needed to attract retail or commercial
tenants; and/or (b) Grants or loans to for-profit businesses, non-profit enterprises or
micro-enterprises that provide economic development benefits; eligible uses of funds
include: property acquisition, construction, rehabilitation or other needs, and equipment
purchases.
The CDBG-R Funds shall be administered in accordance with the guidelines and
requirements provided in a project agreement between the City and its Borrower (the
“Project Agreement”). The Project Agreement terms are incorporated herein by
reference.
2. LOAN TERM, FORGIVENESS AND REPAYMENT
The term of the Loan is ten (10) years commencing on August 15, 2012 and ending on
August 14, 2022 (the “Loan Term”). The Loan will bear interest during the Loan Term at
4% interest per annum. The Loan can be pre-paid with no penalty or fee assessed
against the Borrower.
3. SECURITY FOR NOTE: UCC FINANCING STATEMENT
The indebtedness evidenced by this Note (including all principal, interest, charges, fees,
and expenses) is secured by the aforementioned Security, dated of even date herewith
encumbering the fixtures and personal property of the Borrower. The Note, Security
Agreement, and UCC Financing Statement shall be collectively referred to as the “Loan
Documents” and the terms of which are hereby incorporated by this reference. The
Lender will record the UCC Financing Statement following the execution of this Note,
which shall remain a valid lien on the Equipment and Fixtures until the Loan is paid off
in full and until the end of the Loan Term. The Note, Security Agreement, Project
Agreement, and UCC Financing Statement shall be collectively referred to as the “Loan
Documents” and the terms of which are hereby incorporated by this reference.
4. DEFAULT AND REMEDIES
A. The occurrence of any one or more of the following events (“Event of Default”) with
respect to Borrower shall constitute a default hereunder (“Default”):
1) If Borrower does not occupy the Property as their place of business for the
duration of the Loan Term (including incidence of death of the Borrower). The
Lender shall give written notice to Borrower of this Default. The Borrower shall
have a period of thirty days to cure the Default (“Occupancy Cure Period”).
2) If all or any part of the Fixtures and Equipment or any interest in it is sold
or transferred (or if a legal or beneficial interest in Borrower’s interest in the
Fixtures and Equipment is sold or transferred) without Lender’s prior written
consent.
3) If a default or event of default occurs and is continuing under any
representation or covenant under the Loan Documents.
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4) If a default or event of default occurs and is continuing under any other
mortgage or loan agreement encumbering the Fixtures and Equipment.
5) Borrower or any beneficiary thereof shall (i) file a petition for liquidation,
reorganization, or adjustment of debt under Title 11 of the United States Code or
any similar law, state or federal, whether now or hereafter existing, or (ii) file any
answer admitting insolvency or inability to pay debts, or (iii) fail to obtain a
vacation or stay of involuntary proceedings within ten days, as hereinafter
provided.
6) Borrower or any beneficiary thereof shall make an assignment for the
benefit of creditors of this Note, or shall admit in writing of its inability to pay its
debts generally as they become due, or shall consent to the appointment of a
receiver or trustee or liquidator of all or any major part of the Fixtures and
Equipment.
B. The Borrower also promises that, if the Event of Default specified above, 4(A)(1),
shall occur (after applicable notice and the Occupancy Cure Period detailed above)
before the expiration of the Loan Term, the Borrower agrees to repay to the order of the
Lender or its designee an amount equal to the original principal amount of the Loan and
it is immediately due and payable. Provided however, if an Event of Default is solely
with respect any other Event of Default specified above in 4(A), the Borrower shall have
sixty (60) days after the date on which the notice is delivered to Borrower to cure such
breach, provided, however, that if the curing of such non-monetary breach cannot be
accomplished with due diligence within said period of sixty (60) days then Borrower
shall have such additional reasonable period of time to cure such breach as may be
necessary, provided Borrower shall have commenced to cure such breach within said
period, such cure shall have been diligently prosecuted by Borrower thereafter to
completion (“Other Default Cure Period”). The notice shall further inform Borrower of
the right to reinstate after acceleration and the right to bring a court action to assert the
nonexistence of a default or any other defense of Borrower to acceleration and
foreclosure. If the Borrower does not cure the Default within the specified Other Default
Cure Period within the notice, then this Note is due and payable only with respect to the
remaining balance of the Loan at the time of Default.
C. If the Borrower Defaults hereunder, for the 10-year loan term, the Loan shall be
immediately due and owing and the principal amount of the Loan shall be immediately
repaid to Lender in full, subject to the availability of net proceeds from sale of the
Fixtures and Equipment. Lender can auction the Fixtures and Equipment and use the
proceeds and apply it to the loan balance.
D. If any payments of interest or the unpaid principal balance due under this Note or
any escrow fund payments for taxes or insurance required under the Security
Agreement become overdue for a period in excess of ten days, the Borrower shall pay
to Lender a late charge of $50 per day. If any attorney is engaged by Lender, including
in-house staff (a) to collect the indebtedness evidenced hereby or due under the Loan
Documents, whether or not legal proceedings are thereafter instituted by Lender; (b) to
represent Lender in any bankruptcy, reorganization, receivership, or other proceedings
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affecting creditors’ rights and involving a claim under this Note; (c) to protect the lien of
any of the Loan Documents; (d) to represent Lender in any other proceedings
whatsoever in connection with this Note or any of the Loan Documents or the real
estate described therein; or (e) as a result of the Borrower’s Default and collection
efforts, the Borrower shall pay to Lender all reasonable attorneys’ fees and expenses
incurred or determined to be due in connection therewith, in addition to all other
amounts due hereunder.
E. Lender’s remedies under this Note, , and all of the other Loan Documents shall be
cumulative and concurrent and may be pursued singly, successively, or together
against the Borrower and any other Obligors (as defined below), the Property, and any
other security described in the Loan Documents or any portion or combination of such
real estate and other security, and Lender may resort to every other right or remedy
available at law or in equity without first exhausting the rights and remedies contained
herein, all in Lender’s sole discretion. Failure of Lender, for a period of time or on more
than one occasion to exercise its option to accelerate the maturity date shall not
constitute a waiver of the right to exercise that option at any time during the continued
existence of the Default or in the event of any subsequent Default. Lender shall not by
any other omission or act be deemed to waive any of its rights or remedies hereunder
unless such waiver is in writing and signed by Lender, and then only to the extent
specifically set forth therein. A waiver in connection with one event shall not be
construed as continuing or as a bar to or waiver of any right or remedy in connection
with a subsequent event.
5. PAYMENT OF NOTE HOLDER'S COSTS AND EXPENSES
If the Lender is required to initiate legal process as the result of the Borrower’s Default
as described above, the Lender will have the right to be paid back for all of its costs and
expenses incurred as a result of such Default, to the extent not prohibited by applicable
law. Those costs and expenses include but are not limited to, reasonable attorneys'
fees, court costs, and related litigation expenses.
6. BORROWER'S WAIVERS
To the extent permitted by law, the Borrower waives all rights to require the Lender to
do certain things. These things are: (A) to demand payment of amounts due (known as
"presentment"); (B) to give notice that amounts due have not been paid (known as
"notice to dishonor"); (C) to obtain an official certification of nonpayment (known as
"protest"). If more than one person signs this Note, each person is fully and personally
obligated to keep all of the promises made in this Notes, including the promise to pay
the full amount owed. Any person, who takes over these obligations, is also obligated
to keep all promises made in this Note. The Lender may enforce its rights under this
Note against each person individually or against all of us together.
7. GIVING OF NOTICES
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Any notices that must be given to the Borrower under this Note will be given by
delivering or by mailing by certified mail addressed to the Borrower at the address of the
Property set forth above.
Any notice that must be given to the Lender under this Note will be given by delivering it
or mailing it by certified mail to the Lender at the following address:
City of Evanston
Attn: Community and Economic Development Department
2100 Ridge Avenue, Room 3103
Evanston, Illinois 60201
with a copy to:
City of Evanston
Legal Department
2100 Ridge Avenue Room 4400
Evanston, Illinois 60201
8. RESPONSIBILITY OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to
keep all of the promises made in this Note. The Lender may enforce its rights under this
Note against the signatories either individually or together. This means that both
signatories, either individually or together, may be required to pay all of the amounts
owned under this Note. Any person who takes over the rights or obligations of the
Borrower, with the written permission of the Lender, will have all of the Borrower’s rights
and must keep all of the Borrower’s promises made in this Note. Notwithstanding
anything in the Security Agreement to the contrary, the Loan is a recourse obligation of
the Borrower.
9. GOVERNING LAW AND WAIVER OF TRIAL BY JURY
This Promissory Note shall be governed by the laws of the State of Illinois. Borrower
hereby represents and warrants that it knowingly and voluntarily waives any
rights to trial by jury for any litigation related to or arising out of, under, or in any
way connected with the obligations of this Note.
10. MISCELLANEOUS
The headings of sections and paragraphs in this Note are for convenience only and
shall not be construed in any way to limit or define the content, scope, or intent of the
provisions hereof. As used in this Note, the singular shall include the plural, and
masculine, feminine, and neuter pronouns shall be fully interchangeable, where the
context so requires. If any provision of this Note, or any paragraph, sentence, clause,
phrase, or word, or the application thereof, in any circumstances, is adjudicated to be
invalid, the validity of the remainder of this Note shall be construed as if such invalid
part were never included herein. Time is of the essence of this Note.
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Upon any endorsement, assignment, or other transfer of this Note by Lender or by
operation of law, the term “Lender,” as used herein, shall mean such endorsee,
assignee, or other transferee or successor to Lender then becoming the holder of this
Note.
This Note and all provisions hereof shall be binding on all persons claiming under or
through the Undersigned. The terms “Undersigned” and “Borrower,” as used herein,
shall include the respective beneficiaries, successors, assigns, legal and personal
representatives, executors, administrators, devisees, legatees, and heirs of the
Undersigned and Borrower and shall be binding upon the same
In the event the Undersigned is an Illinois land trust, then this Note is executed by the
Trustee, not personally but as Trustee as aforesaid in the exercise of the power and
authority conferred on and vested in it as the Trustee, and is payable only out of the
property specifically described in the Loan Documents securing the payment hereof, by
the enforcement of the provisions contained therein. No personal liability shall be
asserted or be enforceable against the Trustee because or in respect of this Note or the
making, issue, or transfer thereof, all such liability, if any, being expressly waived by
each taker and holder hereof, and each original and successive holder of this Note
accepts the Note on the express condition that no duty shall rest on the Trustee to
sequester the rents, issues, and profits arising from the property described in the Loan
Documents, or the proceeds arising from the sale or other disposition thereof, but that in
case of Default in the payment of this Note or of any installment hereof, the sole
remedies of the holder hereof shall be by foreclosure of the UCC Financing Statement,
realization on the other security given under the other Loan Documents to secure
indebtedness evidenced by this Note, in accordance with the terms and provisions set
forth herein, or any combination of the above.
[Signatures on following page]
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The Undersigned have caused this Note to be executed as of the date first written
above.
BORROWER:
Address: ______________________ By: _____________________________
______________________
______________________ By: ______________________________
______________________
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EXHIBIT “C”
GUARANTY
Borrower: Ward Eight, LLC, an Illinois
limited liability company
Lender: City of Evanston, an Illinois home
rule municipal corporation
Guarantors: Anne Carlson and Cody
Modeer,
individuals
631 Howard Street, Unit 2
Evanston, IL 60202
Principal Amount: $130,000.00
Loan Term: 10 years (120 months)
CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and
valuable consideration, Guarantor absolutely and unconditionally guarantees full and
punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the
performance and discharge of all Borrower's obligations under the Note and the Related
Documents. This is a guaranty of payment and performance and not of collection, so
Lender can enforce this Guaranty against Guarantor even when Lender has not
exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or
against any collateral securing the Indebtedness, this Guaranty or any other guaranty of
the indebtedness. Guarantor will make any payments to Lender or its order, on demand,
in legal tender of the United States of America, in same-day funds, without set-off or
deduction, or counterclaim, and will otherwise perform Borrower's obligations under the
Note and Related Documents. Under this Guaranty, Guarantor's liability is limited to
Borrower’s obligations under the Note.
INDEBTEDNESS. The word "'Indebtedness” as used in this Guaranty means all of the
principal amount outstanding from time to time and at any one or more times, accrued
unpaid interest thereon and all collection costs and legal expenses related thereto
permitted by law, attorneys' fees, arising from Borrower’s obligations under the Note.
CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY" UNDER WHICH
GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT.
DURATION OF GUARANTY. This Guaranty will take effect when received by Lender
without the necessity of any acceptance by Lender, or any notice to Guarantor or to
Borrower, and will continue in full force until all the Indebtedness incurred or contracted
before receipt by Lender of any notice of revocation shall have been fully and finally
paid and satisfied and, all of Guarantor's other obligations under this Guaranty shall
have been performed in full. If Guarantor elects to revoke this, Guaranty, Guarantor
may only do so in writing. Guarantor's written notice of revocation must be mailed to
Lender; by certified mail, at Lender's address listed above or such other place as
Lender may designate in writing. Written revocation of this Guaranty will apply only to
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new Indebtedness created after actual receipt by Lender of Guarantor's written
revocation. For this purpose and without limitation, the term "new Indebtedness” does
not include the Indebtedness which at the time of notice of revocation is contingent,
unliquidated, undetermined or not due and which later becomes absolute, liquidated,
determined or due. For this purpose and without limitation" new indebtedness” does not
include all or part of the Indebtedness that is: incurred by Borrower prior to revocation;
Incurred under a commitment that became binding before revocation; any renewals,
extensions, substitutions, and modifications of the indebtedness. This Guaranty shall
bind Guarantor's estate as to the Indebtedness created both before and after
Guarantor's death or incapacity, regardless of Lander's actual notice of Guarantor’s
death, Subject to the foregoing, Guarantor's, executor or administrator or other legal
representative may terminate this Guaranty in the same manner in which Guarantor
might have terminated it and with the some effect. Release of any, other guarantor or
termination of any other guaranty of the Indebtedness shall not affect the ability of
Guarantor under this guaranty. A revocation Lender receives from anyone or more
Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty.
GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either
before or after any revocation hereof upon written notice to Guarantor by Lender,
without lessening Guarantor’s liability under this Guaranty, from time to time: (A) prior to
revocation as set forth above, to make one or more additional secured or unsecured
loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to
extend additional credit to Borrower; (B) Intentionally Deleted; (C) to take and hold
security for the payment of this Guaranty or the Indebtedness, and exchange, enforce,
waive, subordinate, fail or decide not to perfect, and release any such security, with or
without the substitution of new collateral; (D) to release, substitute, agree not to sue, or
deal with anyone or more of Borrower's sureties, endorsers, or other guarantors on any
terms or in any manner Lender may choose; (E) to determine how, when and what
application of payments and credits shall be made on the Indebtedness; (F) to apply
such security and direct the order or manner of sale thereof, including without limitation.
any non-judicial sale permitted by the terms of the controlling security agreement or
deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or
grant participations, in all or any part-of the Indebtedness: and (H) to assign or transfer
this Guaranty in whole or in part.
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents
and warrants to Lender that (A) no representations or agreements of any kind have
been made to Guarantor which would limit or qualify in any way the terms of this
Guaranty; (B) Intentionally Deleted; (C) Guarantor has full power, right and authority to
enter into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result
in a default under any agreement or other instrument binding upon Guarantor and do
not result in a violation of any law, regulation, court decree or order applicable to
Guarantor;" (E) Intentionally Deleted; (F) upon Lender's request, Guarantor will provide
to Lender financial and credit information in form acceptable to Lender, and all such
financial information which currently has been, ,and all future financial information which
will be provided Lender is and will be true and correct in all material respects and fairly
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present, Guarantor's financial condition as of the dates the financial information is
provided; (G) no material adverse change has occurred in Guarantor's financial
condition since the date of the most recent financial statements provided to Lender and
no event has occurred which may materially adversely affect Guarantor's financial
condition; (H) no litigation, claim, investigation, administrative proceeding or similar
action (including those for unpaid taxes) against Guarantor is pending or threatened; (I)
Lender has made no representation to Guarantor as to the creditworthiness of
Borrower; and (J) Guarantor has established adequate means of obtaining from
Borrower on a continuing basis information regarding Borrower's financial condition.
Guarantor agrees to keep adequately informed from such means of any facts, events,
or circumstances which might in any way affect Guarantor's risks under this Guaranty,
and Guarantor further agrees that, 'absent a request for information, Lender shall have
no obligation to disclose to Guarantor any information or documents acquired by Lender
in the course of its relationship with Borrower.
GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives
any right to require Lender (A) to continue lending money or to extend other credit to
Borrower; (B) Intentionally Deleted. (C) to resort for payment or to proceed directly or at
once against any person, including Borrower or any other guarantor; (D) to proceed
directly against or exhaust any collateral held by Lender from Borrower, any other
guarantor, or any other person; (E) Intentionally Deleted; (F) to pursue any other
remedy within Lender's power; or (G) to commit any act or omission of any kind, or at
any time, with respect to any matter whatsoever.
Guarantor also waives any and al1 rights or defenses based on suretyship or
impairment of collateral including, but not limited to, any rights or defenses arising by
reason of (A) any "one action” or "anti-deficiency” law or any other law which may
prevent Lender from bringing any action, including a claim for deficiency, against
Guarantor, before or after Lender's commencement or completion of any foreclosure
action, either judicially or by exercise of a power of sale; (B) any election of remedies by
Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or
Guarantors rights to proceed against Borrower for reimbursement. including without
limitation, any loss of rights Guarantor may suffer by reason of any law limiting,
qualifying, or, discharging the Indebtedness; (C) any disability or other defense of
Borrower, of any other guarantor, or of any other person, or by reason of "the cessation
of Borrower's liability from any cause whatsoever, other than payment in full in legal
tender, of the Indebtedness; (D) any right to claim discharge or the Indebtedness on the
basis of unjustified impairment, of any collateral for the Indebtedness; (E) any statute of
limitations, if at any time any action or suit brought by Lender against Guarantor is
commenced, there is outstanding Indebtedness which is not barred by any applicable
statute of limitations; or (F) any defenses given to guarantors at law or in equity other
than actual payment and performance of the Indebtedness. If payment is made by
Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness
and thereafter Lender is forced to remit the amount of that payment to Borrower's
trustee in bankruptcy or to any similar person under any federal or state bankruptcy law
or law for the relief of debtors, the Indebtedness shall be considered unpaid for the
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purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not
to assert or claim at any time any deductions to the amount guaranteed under this
Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar
right, whether such claim, demand or right may be asserted by the Borrower, the
Guarantor, or both.
GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor
warrants and agrees that each of the waivers set forth above is made with Guarantor's
full knowledge of its significance and consequences and that, under the circumstances,
the waivers are reasonable and not contrary to public policy or law. If any such waiver is
determined to be contrary to any applicable law of public policy, such waiver shall be
effective only to the extent permitted by law or public policy.
SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees
that the indebtedness, whether now existing or hereafter created, shall be superior to
any claim that Guarantor may now have or hereafter acquire against Borrower, whether
or not Borrower becomes insolvent. Guarantor hereby expressly subordinates, any
claim Guarantor may have against Borrower, upon an account whatsoever, to any claim
that Lender may now or hereafter have against Borrower. In the event of insolvency
and consequent liquidation of the assets of Borrower, through bankruptcy, by an
assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets
of Borrower applicable to the payment of the claims of both Lender and Guarantor shall
be paid to Lender and shall be first applied by Lender to the indebtedness. Guarantor
does hereby assign to Lender all claims which it may have or acquire against Borrower
or against any assignee or trustee in bankruptcy of Borrower; provided however, that
such assignment shall be effective only for the purpose of assuring to Lender full
payment in legal tender of the Indebtedness.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of
this Guaranty:
Amendments. This Guaranty together with any Related Documents, constitutes
the entire understanding and agreement of the parties as to the matters set forth
in this Guaranty, No alteration of or amendment to this· Guaranty shall be
effective unless given in writing and signed by both parties.
Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of
Lender's costs and expenses, including Lender’s attorneys’ fees and Lender's
legal expenses, incurred in connection with the enforcement of this Guaranty.
Lender may hire or pay someone else to help enforce this Guaranty, and
Guarantor shall pay the costs and expenses of such enforcement. Costs and
expenses include Lender's attorneys' fees and legal expenses whether or not
there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy
proceedings (including efforts to modify or vacate any automatic stay or
injunction), appeals, and any anticipated post-judgment collection services.
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Guarantor also shall pay all court costs and such additional fees as may be
directed by the court.
Caption Headings. Caption headings in this Guaranty are for convenience
purposes only and are not to be used to interpret or define the provisions of this
Guaranty.
Governing law. This Guaranty will be governed by federal law applicable to
Lender and, to the extent not preempted by federal law, the' laws of the State of
Illinois without regard to its conflicts of law provisions.
Integration. Guarantor further agrees that Guarantor has read and fully
understands the terms of this Guaranty; Guarantor has had the opportunity to be-
advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully
reflects Guarantor's intentions and parol evidence is not required to interpret the
terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless
from all losses, claims, damages, and costs (including Lender's attorneys' fees)
suffered or incurred by Lender as a result of any breach by Guarantor of the
warranties, representations and agreements of this paragraph.
Interpretation. In all cases where there is more than one Borrower or Guarantor,
then all words used in this Guaranty in the singular shall be deemed to have
been used in the plural where the context and construction so require; and where
there is more than one Borrower named in this Guaranty or when this Guaranty
is executed by more than one Guarantor, the words “Borrower” and "Guarantor”
respectively shall mean all and anyone or more of them. The words “Guarantor,"
"Borrower," and "Lender” include the heirs, successors, assigns, and transferees
of each of them, If a court finds that any provision of this Guaranty is not valid or
should not be enforced, that fact by itself will not mean that the rest of this
Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of
the provisions of this Guaranty even if a provision of this Guaranty may be found
to be invalid or unenforceable. If anyone or more of Borrower or Guarantor are
corporations, partnerships, limited liability companies, or similar entities, it is not
necessary for Lender to inquire into the powers of Borrower or Guarantor or of
the officers, directors, partners, managers, or other agents acting or purporting to
act on their behalf, and any indebtedness made or created in reliance upon the
professed exercise of such powers shall be guaranteed under this Guaranty.
Notices. Any notice required to be given under this Guaranty shall be given in
writing, and, except for revocation notices by Guarantor, shall be effective when
actually delivered, when actually received by tele-facsimile (unless, otherwise
required by law) when deposited with a nationally recognized overnight courier,
or, if mailed, when deposited in the United States mail, as first class, certified or
registered mail postage prepaid, directed to the addresses shown near the
beginning of this Guaranty. All revocation notices by Guarantor shall be in writing
and shall be effective upon delivery to Lender as provided in the section of this
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Guaranty entitled "DURATION OF GUARANTY.” Any party may change its
address for notices under this Guaranty by giving formal written notice to the
other parties, specifying that the purpose of the notice is to change the party's
address, For notice purposes, Guarantor agrees to keep Lender informed at all
times of Guarantor's current address. Unless otherwise provided or required by
law, if there is more than one Guarantor, any notice given by Lender to any
Guarantor is deemed to be notice given to all Guarantors.
No Waiver by Lender. Lender shall not be deemed to have waived any rights
under this Guaranty unless such waiver is given in writing and signed by Lender.
No delay or omission on the part of Lender in exercising any right shall operate
as a waiver of such right or any other right. A waiver by Lender of a provision of
this Guaranty shall not prejudice or constitute e waiver of lender's right otherwise
to demand strict compliance with that provision or any other provision of this
Guaranty. No prior waiver by Lender, nor any course of dealing between Lender
and Guarantor, shall constitute a waiver of any of Lender's rights or of any of
Guarantor's obligations as to any future transactions, Whenever the consent of
Lender is required under this Guaranty, the granting of such consent by Lender
in any Instance shall not constitute continuing consent to subsequent instances
where such consent is required and in all cases such consent may be granted or
withheld in the sole discretion of Lender.
Successors and Assigns. Subject to any limitations stated in this Guaranty on
transfer of Guarantor's interest, this Guaranty shall be binding upon and inure to
the benefit of the parties, their successors and assigns.
Waive Jury. Lender and Guarantor hereby waive the right to any jury trial in any
action, proceeding, or counterclaim brought by either Lender or Guarantor
against the other.
DEFINITIONS. The following capitalized words and terms shall have the following
meanings when used in this Guaranty. Unless specifically stated to the contrary, all
references to dollar amounts shall mean amounts in lawful money of the United States
of America. Words and terms used in the singular shall include the plural, and the plural
shall include the singular, as the context may require. Words and terms not otherwise
defined in this Guaranty shall have the meanings attributed to such terms in the Uniform
Commercial Code:
Borrower. The word “Borrower” means Ward Eight, LLC and includes all co-
signers and co·-makers signing the Note and all their successors and assigns.
GAAP. The word "GAAP" means generally accepted accounting principles.
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Guarantor. The word "Guarantor" means everyone signing this Guaranty, Anne
Carlson and Cody Modeer, and in each case, any signer's successors and
assigns.
Guaranty. The word "Guaranty" means this guaranty from Guarantor to Lender.
Indebtedness. The word "Indebtedness" means Borrower's indebtedness to
Lender as more particularly described in this Guaranty.
Lender. The word “Lender" means City of Evanston, its successors and assigns.
Note. The word “Note” means and includes without limitation all of Borrower's
promissory notes and/or credit agreements evidencing Borrower's loan
obligations in favor of Lander, together with all renewals of, extensions of,
modifications of, substitutions for promissory notes or credit agreements.
Related Documents. The words “Related Documents” mean all promissory
notes, credit agreements, loan agreements, environmental agreements,
guaranties, security 'agreements, mortgages, deeds of trust, security deeds,
collateral mortgages, and all other instruments, agreements and documents,
whether now or hereafter existing, executed in connection with the Indebtedness.
EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE
PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS, IN ADDITION,
EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE
UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO
UNDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE
MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY", NO
FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY
EFFECTIVE, THIS GUARANTY is DATED ________________, 2012.
GUARANTORS:
__________________________
ANNE CARLSON
__________________________
CODY MODEER
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EXHIBIT “D”
SECURITY AGREEMENT
This Security Agreement is by and among Ward Eight, LLC, an Illinois limited liability
company hereinafter referred to collectively as the "Debtor" for value received, hereby
grants to the City of Evanston, Illinois, an Illinois home rule municipality, with its
principal address at 2100 Ridge Avenue, Evanston, Illinois 60201, hereinafter referred
to as the "Secured Party," a security interest in the following collateral and all additions
thereto for the term of the loan that is the project agreement dated March 15, 2012
between the parties:
Street Address: 629 Howard Street, Evanston, Illinois 60202
Parcel Numbers: 10-30-209-024-0000
All equipment, machinery, apparatus, fittings, readily removable fixtures and other
tangible personal property, and any and all profits, fees, condemnation awards,
insurance proceeds, and other rights and interests.
This security interest is given for the purpose of securing payment of any and all
indebtedness of the Debtor to the Secured Party in connection with the loan made to
the Debtor and evidenced by promissory note dated August 15, 2012, together with all
costs and expenses in connection therewith including but not limited to expenses of
retaking, preserving, repairing, maintaining, preparing for sale, and selling said collateral
as well as reasonable attorney's fees, court costs, and other legal expenses. In the
event that Debtor defaults in the payment of said indebtedness, or becomes insolvent,
or fails to keep said collateral free of all other liens, or if for any reason the secured
party feels insecure, Secured Party has the option of declaring the entire indebtedness
immediately due and payable, and shall have all of the rights and remedies of a secured
party under the Illinois Uniform Commercial Code as the same may be amended from
time to time. The requirement of the reasonable notice of any sale hereunder shall be
met if such notice is mailed, postage prepaid, to the address of the Debtor shown at the
beginning of this agreement at least 5 days before the time of sale or disposition.
Secured Party and Debtor have caused this Agreement to be executed and
delivered as of the date set forth opposite their name.
City of Evanston, Illinois Ward Eight, LLC
By:__________________________ By:__________________________
City Manager, Wally Bobkiewicz Anne Carlson, Manager
By: _________________________
Cody Modeer, Manager
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For City Council meeting of February 27, 2012 Item A9
Resolution 18-R-12: TIF Construction Grant Agreement for 629 Howard
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: Steve Griffin, Community & Economic Development Director
Nancy Radzevich, Economic Development Manager
Johanna Nyden, Economic Development Coordinator
Subject: Resolution 18-R-12: Utilization of Tax Increment Financing Dollars for
Tenant Construction Grant Agreement for Property Located at 629
Howard Street
Date: February 21, 2012
Recommended Action:
Staff recommends approval of Resolution 18-R-12, authorizing the City Manager to
negotiate a TIF Construction Grant Agreement between the City and Ward Eight, LLC
for tenant improvements at the City-owned property at 629 Howard Street for an amount
not to exceed $100,000.
Funding Source:
The Howard-Ridge Tax Increment Financing District.
At the December 12, 2011 City Council meeting, Resolution 79-R-11 was approved that
authorized the reimbursement of project expenditures up to $13,828,000 in General
Obligation Bonds. Of the total amount, $900,000 was included to address proposed
development costs in the Howard-Ridge Tax Increment Financing (TIF) district.
Approximately $100,000 of the total amount for the Howard-Ridge TIF district was
approved for work associated with rehabilitation of this property.
Summary:
The City acquired a three-story mixed-use property located at 629-631 Howard Street in
February 2011. Since acquisition of the property, the City has worked to identify
potential users for the ground floor commercial space. In September 2011, Anne
Carlson and Cody Modeer approached the City with interest in opening a wine
bar/cocktail lounge on Howard Street in Evanston. Since that time they have taken the
necessary steps to establish a business and lease space on Howard Street for the
purposes of opening and operating a wine bar/cocktail lounge known as Ward Eight.
Memorandum
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Ward Eight, LLC has developed a proposed floor plan for their wine bar/cocktail lounge
that will involve substantial rehabilitation of the current commercial space to not just
create a wine bar/cocktail lounge but also create a habitable commercial space. Based
on the initial floor plan, a scope of work has been developed for this project. Within the
scope of work, there are a number of items associated with the delivery of a “vanilla
box” to a commercial tenant. Included in these “vanilla box” items are the construction
of ADA-accessible bathrooms, appropriate heating and cooling systems (currently the
space has no AC and only radiant heat), appropriate electrical service for a commercial
use, and other general repairs that are typically expected for landlords to provide
tenants leasing commercial space.
Ward Eight, LLC proposes to complete the vanilla box items in conjunction with the
work associated with remodeling the interior commercial space for their wine
bar/cocktail lounge. The work associated with rehabilitation of this space with the
“vanilla box” items is anticipated to be no more than $100,000. Only items that are
deemed eligible for reimbursement from a tax increment financing (TIF) district will be
covered under this agreement.
Ward Eight, LLC will be responsible for submitting appropriate plan documents and
obtaining permits for this project. Following the completion of this project in order to
obtain payment for the “vanilla box” items, Ward Eight would have to submit the
following to the City:
1) Evidence that at least three estimates for the proposed scope of work has
been obtained. Of these estimates, at least one must be from an Evanston-
based contractor.
2) Itemized invoices for all work completed for the ground floor commercial
space.
3) Inspection reports and associated documentation stating that the work has
been completed according to required building code.
Upon execution of the attached agreement, all work would need to be completed within
six months.
It is anticipated that the City would recover a significant portion of the funds expended to
rehabilitate the commercial portion of this building. As discussed in memorandums
associated with this project, Mr. Modeer and Ms. Carlson seek to enter into a lease-to-
own agreement at this property. (See Agenda Item A10 for the lease-to-own
agreement.) In the end of the third year of the agreement, they have an opportunity to
exercise an option to purchase the property for an agreed-upon purchase price. The
proposed purchase price is $362,650 as outlined in the commercial lease-to-own
agreement. This price includes the City’s original purchase price of the property
($237,650), the cost of improvements for the residential units ($40,000), and the cost of
additional improvements to the building ($85,000). While $100,000 is allocated for
rehabilitation of this property, a significant portion of any funds expended for the
commercial portion of the property would be repaid through the $85,000 when the
building is sold.
Page 215 of 454
Page 3 of 3
Attachments:
Copy of Resolution 18-R-12
Copy of Agreement
Copy of Proposed Items for Rehabilitation
Page 216 of 454
2/21/2012
18-R-12
A RESOLUTION
Authorizing the City Manager to Negotiate a TIF Construction Grant
Agreement with Ward Eight, LLC for Improvements to
City Property located at 629 Howard Street
WHEREAS, the City of Evanston, Cook County, Illinois (the “City”), is a
home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and
WHEREAS, pursuant to Ordinances 8-O-92, 09-O-92, and 10-O-92,
adopted April 27, 1992 in connection with the Howard Ridge Tax Increment
Redevelopment Project Area (the “Redevelopment Project Area”), the City Council of
the City Evanston (the “City”) adopted the Howard Ridge Tax Increment Area
Redevelopment Plan and related redevelopment projects, designated the
Redevelopment Project Area, and authorized tax increment finance pursuant to the Tax
Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq., as
supplemented and amended, including the predecessor Act thereof (the “TIF Act”); and
WHEREAS, the City of Evanston owns certain real property known as
629-631 Howard Street, Evanston, Illinois (the “Property”), which is improved with a
three-story building containing one (1) commercial unit on the bottom floor and two
residential units on the top two floors; and
WHEREAS, The Property is within the Redevelopment Project Area and
the City seeks to have the Property renovated partly with TIF funds; and
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WHEREAS, Ward Eight, LLC would like to lease the commercial space on
the first floor of the Property and renovate said commercial space with available TIF
funds,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City Manager is hereby authorized and directed to
negotiate a TIF Construction Grant agreement (“Agreement”) between the City and
Ward Eight, LLC, an Illinois limited liability company, attached hereto as Exhibit “A” and
incorporated herein by reference.
SECTION 2: The City Manager is hereby authorized and directed to
negotiate any additional conditions of the Agreement as he may determine to be in the
best interests of the City.
SECTION 3: This Resolution 18-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
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EXHIBIT “A”
TIF CONSTRUCTION GRANT AGREEMENT
THIS TIF CONSTRUCTION GRANT AGREEMENT (the “Agreement”) is entered
into on this ___ day of ______________, 2012 (“Effective Date”), by and between the
City of Evanston, an Illinois home rule municipality, (“City”), and Ward Eight, LLC, an
Illinois limited liability company (“Ward Eight”), regarding the renovation and occupation
of City property located at 629 Howard Street, Evanston, Illinois, legally described in
Exhibit “A”, which is attached hereto and incorporated herein by reference (“Property”).
RECITALS
WHEREAS, the City desires to foster local businesses and jobs as part of its
economic revitalization efforts throughout Evanston and in accord with the TIF
Guidelines, as defined herein; and
WHEREAS, the City Property is improved with a three-story building containing
one (1) commercial unit on the bottom floor and two residential units on the top two
floors and the City seeks to renovate the Property with TIF grant funds; and
WHEREAS, the City has authorized Economic Development Division Staff to
manage and administer this Agreement on behalf of the City including, without
limitation, authorizing the City Manager to execute this Agreement with Ward Eight,
thereby establishing the terms, conditions, and requirements for participation in this
Agreement in accordance with TIF Guidelines; and
NOW, THEREFORE, in consideration of the foregoing recitals, which are
incorporated herein by this reference, and the mutual obligations of the parties as herein
expressed, the City and Ward Eight agree as follows:
AGREEMENT
I. DEFINITIONS
The following terms shall have the following meanings whenever used in this
Agreement, except where the context clearly indicates otherwise. Any ambiguity as to
the intended meaning or scope of the terms set forth below will be resolved solely by
the City through its designated representative.
a. “Completion Date” means the date that the contractor has finished the Project
pursuant to the plans approved by City Council, the City Manager or his/her
designee, and to the satisfaction of Ward Eight, as evidenced by final payment to
the contractor.
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b. “Director” means the City’s Director of Community & Economic Development,
who is responsible for managing and administering this Agreement on behalf of
the City.
c. “Grant” means the total amount of the City’s grant of TIF monies to Ward Eight
for purposes of funding TIF eligible activities of the Project, which shall not
exceed $100,000.00 and shall only be for approved improvements (One Hundred
and no/100 Dollars), the amount approved by City Council.
d. “Project” means the improvements on the Property as proposed by Ward Eight
and approved by the City Council. Specifically, Ward Eight desires to renovate
the Property to make it suitable for use as a cocktail/wine bar establishment and
use TIF funds for said renovation.
e. “TIF Eligible Activities” means activities determined to be eligible for payment
from the City’s TIF fund under the guidelines of the Illinois Tax Increment
Allocation Redevelopment Act, 65 ILCS 5/11-74.4 et seq., as amended.
f. “TIF Guidelines” means the regulations found in the Illinois Tax Increment
Allocation Redevelopment Act, 65 ILCS 5/11-74.4 et seq., as amended. All terms
not defined herein shall have the meanings set forth in the TIF Guidelines.
g. “Total Allowable Expenses” means the actual costs incurred, paid for, and
documented by Ward Eight and approved by the Director or his/her designee for
the proper performance of the improvement work required by the plans and
specifications and/or architectural/design renderings for the Project. Such
allowable expenses must be TIF Eligible Activities.
h. ”Total Project Expenditure” means the total actual Project costs incurred by
and paid for by the City, up to the amount of the Grant, and then payments made
by Ward Eight after the amount of the Grant has been spent, which includes all
costs of construction, materials, & supplies.
II. TERMS OF GRANT
a. City shall disburse funds in the principal amount not to exceed $100,000.00 (One
Hundred Thousand and no/100 Dollars) (the “Grant Amount”) from the City’s
Howard Ridge TIF Fund for improvements within the establishment that are
approved for funding for the Project.
b. The Grant by the City pursuant to this Agreement constitutes a 1-year grant to
Ward Eight, until the tenant improvements for the Project are fully completed as
described herein. If the Total Project Expenditures are greater than $100,000.00,
Ward Eight shall be solely responsible for any payments to the contractor or
subcontractors above the Grant fund amount. If any project costs are
determined to not be TIF Eligible Activities, Ward Eight must submit payment at
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its own expense and Grant funds may not be used and Ward Eight shall receive
no reimbursement from the City for non-TIF Eligible Activities.
c. The City shall be invoiced directly by the contractors and subcontractors for
payment. The Director or his designee shall review the invoices to ensure that
the invoice charges are TIF Eligible Activities prior to payment.
III. WARD EIGHT’S RESPONSIBILITIES
a. Ward Eight shall provide a list of all construction activities to the City prior to
commencement of work to verify that the project costs are TIF Eligible Activities.
Of those activities it will be determined which are eligible expenses for payment
by the City and are TIF-eligible activities.
b. Ward Eight shall comply with all terms and conditions of this Agreement and all
applicable all requirements of Federal, Illinois and City of Evanston law.
c. Ward Eight shall ensure that all work done on the Project and paid for with Grant
funds are TIF Eligible Activities. The City will separately evaluate whether the
project costs are TIF Eligible Activities.
d. Ward Eight shall obtain and submit all required certificates of insurance, as set
forth herein, to the City Manager or his/her designee upon execution of this
Agreement and prior to City’s execution.
e. Ward Eight shall be responsible for hiring licensed contractors to complete the
Project. The Director or his/her designee may require submission of proof of the
State License issued to the selected contractors.
f. Ward Eight shall be responsible for contacting the Director or his/her designee to
arrange for obtaining all City and other approvals and/or permits required for
construction and completion of the Project.
g. Ward Eight shall be fully responsible for managing, monitoring, and scheduling
the construction of the Project, for ensuring compliance with the payment of
prevailing wages, if applicable, and for ensuring that all improvements are
completed properly and in conformance with the approved project.
h. Ward Eight shall make a good faith effort to use Evanston-based businesses as
frequently as is financially feasible when purchasing supplies and/or hiring
subcontractors and administrative services providers for the Project. Ward Eight
shall obtain three (3) estimates for the scope of work for the Tenant
Improvements and one (1) estimate must be obtained from an Evanston-based
contractor.
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i. Upon completion of the Project, Ward Eight shall notify the Director and request
inspection of the Project by the Director or his/her designee(s).
j. Ward Eight shall complete the Project no later than six (6) months after receiving
any building permit related to the Project.
k. After completion of the Project, Ward Eight shall submit to the Director or his/her
designee a report that includes the following:
i. Cover letter indicating the Project is completed and the Total Cost
Expenditures for the Project;
ii. All contractor invoices detailing the specific tasks completed in
accordance with approved Project;
iii. Unconditional lien releases; and
iv. Any additional material requested by the Director or his/her designee.
l. Ward Eight shall maintain the Property in compliance with all applicable
provisions of the Evanston City Code of 1979, as amended.
m. Ward Eight shall not be more than one hundred twenty (120) days in arrears with
regards to any City utility and/or service bills.
IV. THE CITY’S RESPONSIBILITIES
a. City shall use up to $100,000.00 (One Hundred Thousand and no/100 Dollars)
(the “Grant Amount”) from the City’s Howard Ridge TIF Fund for the Project.
b. The Director or his/her designee shall review Ward Eight’s contractors’ and
subcontractors’ sworn statements and accompanying documents, and, if said
documents meet all terms, conditions, and obligations under this Agreement and
the TIF Guidelines for Eligible Project Costs, the Director or his/her designee
shall, in the ordinary course of business, submit payment to contractors and
subcontractors.
c. Within a reasonable time after Ward Eight notifies City of the completion of the
Project, the Director or his/her designee shall inspect the improvements to
ensure they were completed in accordance with approved Project and its
guidelines.
V. TIME OF PERFORMANCE
The Ward Eight shall complete the Project no later than six (6) months after receiving
any building permit related to the Project. Failure to complete the Project within six (6)
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months will result in Ward Eight’s breach of this Agreement. Requests for additional
time and extensions in Project completion time will be granted, but only if submitted in
writing prior to the expiration of the Agreement.
VI. AMOUNT OF GRANT
The total amount of the Grant to be made by the City, pursuant to the terms and
conditions of this Agreement, shall not exceed $100,000.00 (One Hundred and no/100
Dollars) as approved by City Council as stated above.
VII. INSURANCE
a. During the entire period in which work on the Project is performed, the Ward
Eight shall obtain and maintain in full force and effect during said period the
following insurance policies: (i) Comprehensive General Liability Insurance in a
general aggregate amount of not less than $1,000,000, $1,000,000 Products and
Completed Operations Aggregate, and $1,000,000 for each occurrence.
b. All insurance policies shall name the City of Evanston, and their respective
elected officials, officers, employees, agents, and representatives as additional
insureds.
c. All deductibles on any policy shall be the responsibility of the primary holder of
such policy and shall not be the responsibility of the City.
d. Ward Eight shall provide evidence of required insurance to the Director before
execution of this Agreement.
VIII. OBLIGATION TO REFRAIN FROM DISCRIMINATION
a. Ward Eight covenants and agrees for itself, its successors and its assigns to the
Property, or any part thereof, that it will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, sexual orientation,
marital status, national origin or ancestry, or age or physical or mental disabilities
that do not impair ability to work, and further that it will examine all job
classifications to determine if minority persons or women are underutilized and
will take appropriate affirmative action to rectify any such underutilization.
b. That, if it hires additional employees in order to perform this contract, or any
portion hereof, it will determine the availability of minorities and women in the
area(s) from which it may reasonably recruit and it will hire for each job
classification for which employees are hired in such a way that minorities and
women are not underutilized.
c. That, in all solicitations or advertisements for employees placed by it or on its
behalf, it will state that all applicants will be afforded equal opportunity without
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discrimination because of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, or disability.
IX. NO AGENCY CREATED
The Ward Eight and any contractor, supplier, vendor or any third party hired by Ward
Eight to complete the Project are not agents of the City. Any provisions of this
Agreement that may appear to give the City any right to direct the Ward Eight
concerning the details of the obligations under this Agreement, or to exercise any
control over such obligations, shall mean only that the Ward Eight shall follow the
direction of the City concerning the end results of the obligations.
X. OWNERSHIP OF DOCUMENTS
All documents prepared and submitted to the City pursuant to this Agreement (including
any duplicate copies) shall be the property of the City. The City’s ownership of these
documents includes use of, reproduction or reuse of and all incidental rights thereto.
XI. INDEMNIFICATION AND HOLD HARMLESS
To the maximum extent permitted by law, the Ward Eight agrees to and shall defend,
indemnify and hold harmless the City, and its respective officers, officials, employees,
contractors and agents from and against all claims, liability, loss, damage, costs or
expenses (including expert witness fees, reasonable attorneys’ fees, and court costs)
arising from or as a result of the death of any person or any accident, injury, loss or
damage whatsoever caused to any person or property resulting or arising from or in any
way connected with the following, provided Ward Eight shall not be responsible for (and
such indemnity shall not apply to) any negligence or willful misconduct of the City, or
their respective officers, officials, active employees, contractors or agents:
a. The development, construction, marketing, use or operation of the Property by
the Ward Eight, its officers, contractors, subcontractors, agents, employees or
other persons acting on Ward Eight’s behalf (“Indemnifying Parties”);
b. The displacement or relocation of any person from the Property as the result of
the development of the Project on the Property by the Indemnifying Parties;
c. Any plans or designs for the Project prepared by or on behalf of Ward Eight
including, without limitation, any errors or omissions with respect to said
documents;
d. Any loss or damage to the City resulting from any inaccuracy in or breach of any
representation or warranty of Ward Eight, or resulting from any breach or default
by Ward Eight, under this Agreement; and
Page 224 of 454
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e. Any and all actions, claims, damages, injuries, challenges and/or costs or
liabilities arising from the approval of any and all entitlements or permits for the
improvements by the City, and their respective officers, officials, employees,
contractors or agents.
The foregoing indemnity shall continue to remain in effect after the Completion Date or
after the earlier termination of this Agreement, as the case may be.
XII. DUTY TO DEFEND
Ward Eight further agrees that the hold harmless agreement in Article XI, and the duty
to defend the City, and their respective officers, officials, employees, contractors and
agents, require the Ward Eight to pay any costs that the City may incur which are
associated with enforcing the hold harmless provisions, and defending any claims
arising from obligations or services under this Agreement.
XIII. COMPLIANCE WITH LAW
Ward Eight agrees to comply with all the requirements now or hereafter in force, of all
municipal, county, state and federal authorities, pertaining to the development and use
of the Property and construction of the Project, as well as operations conducted on the
Property. The Director or his/her designee will not issue any Grant to the Ward Eight if
there is in violation of any law, ordinance, code, regulation, or permit.
XIV. TERMINATION
If Ward Eight shall fail to cure any Event of Default upon notice and within the time for
cure provided for herein, the City may, by written notice to the Ward Eight, terminate
this Agreement. Such termination shall trigger the “Repayment of Loan” defined herein.
Ward Eight may not terminate this Agreement without the express written consent of
City.
XV. NOTICES
All notices permitted or required hereunder must be in writing and shall be effected by
(i) personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or
(iii) reputable same-day or overnight delivery service that provides a receipt showing
date and time of delivery, addressed to the following parties, or to such other address
as any party may, from time to time, designate in writing in the manner as provided
herein:
To City: City of Evanston
Director of Community & Economic Development
2100 Ridge Avenue
Evanston, IL 60201
Page 225 of 454
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Telephone: 847.448.8100
With a copy to: City of Evanston
Attn: Corporation Counsel, W. Grant Farrar
2100 Ridge Avenue, Room 4400
Evanston, IL 60201
Telephone: 847.866.2937
To Ward Eight: Ward Eight, LLC
629 Howard Street
Evanston, IL 60202
Attn: Anne Carlson, Manager
Any written notice, demand or communication shall be deemed received immediately if
personally delivered or delivered by delivery service to the addresses above, and shall
be deemed received on the third day from the date it is postmarked if delivered by
registered or certified mail.
XVI. DEFAULT; REMEDIES; DISPUTE RESOLUTION
a. Notice of Default.
In the event of failure by either party hereto substantially to perform any material
term or provision of this Agreement, the non-defaulting party shall have those
rights and remedies provided herein, provided that such non-defaulting party has
first provided to the defaulting party a written notice of default in the manner
required herein identifying with specificity the nature of the alleged default and
the manner in which said default may be satisfactorily be cured.
b. Cure of Default
Upon the receipt of the notice of default, the alleged defaulting party shall
promptly commence to cure, correct, or remedy such default within 90 days and
shall continuously and diligently prosecute such cure, correction or remedy to
completion.
c. City Remedies; Repayment of Loan.
In the event of a default by Ward Eight of the terms of this Agreement that has
not been cured within the timeframe set forth in Paragraph b above, the City, at
its option, may terminate this Agreement or may institute legal action in law or in
equity to cure, correct, or remedy such default, enjoin any threatened or
attempted violation, or enforce the terms of this Agreement. In the event of a
default by Ward Eight that occurs after the City has disbursed any Grant funds,
the total of such disbursement(s), plus any accrued interest, shall become
immediately due and payable.
Page 226 of 454
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All payments shall be first credited to accrued interest, next to costs, charges,
and fees which may be owing from time to time, and then to principal. All
payment shall be made in lawful money of the United States. Payments shall be
made to City at the address set forth in Article XI herein or at such other address
as City may direct pursuant to notice delivered to Ward Eight in accordance with
Article XV.
d. Ward Eight’s Exclusive Remedies.
The parties acknowledge that the City would not have entered into this
Agreement if it were to be liable in damages under, or with respect to, this
Agreement or any of the matters referred to herein, including the Project, except
as provided in this Article. Accordingly, Ward Eight shall not be entitled to
damages or monetary relief for any breach of this Agreement by the City or
arising out of or connected with any dispute, controversy, or issue between Ward
Eight and the City regarding this Agreement or any of the matters referred to
herein, the parties agreeing that declaratory and injunctive relief, mandate, and
specific performance shall be Ward Eight’s sole and exclusive judicial remedies.
XVII. APPLICABLE LAW
The internal laws of the State of Illinois without regard to principles of conflicts of law
shall govern the interpretation and enforcement of this Agreement.
XVIII. CONFLICT OF INTEREST
a. No member, official, or employee of the City shall have any personal interest,
direct or indirect, in this Agreement, nor shall any such member, official, or
employee participate in any decision relating to the Agreement which affects his
personal interests or the interests of any corporation, partnership, or association
in which he/she is, directly or indirectly, interested.
b. The Ward Eight warrants that it has not paid or given, and will not pay or give,
any third person any money or other consideration for obtaining this Agreement.
XIX. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES
No member, official, agent, legal counsel or employee of the City shall be personally
liable to the Ward Eight, or any successor in interest in the event of any default or
breach by the City or for any amount which may become due to Ward Eight or
successor or on any obligation under the terms of this Agreement.
XX. BINDING EFFECT
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This Agreement, and the terms, provisions, promises, covenants and conditions hereof,
shall be binding upon and shall inure to the benefit of the parties hereto and their
respective heirs, legal representatives, successors and assigns.
XXI. AUTHORITY TO SIGN
The Ward Eight hereby represents that the persons executing this Agreement on behalf
of Ward Eight have full authority to do so and to bind Ward Eight to perform pursuant to
the terms and conditions of this Agreement.
XXII. COUNTERPARTS
This Agreement may be executed by each party on a separate signature page, and
when the executed signature pages are combined, shall constitute one single
instrument.
XXIII. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS
a. This Agreement and the Exhibits and references incorporated into this
Agreement express all understandings of the parties concerning the matters
covered in this Agreement. This Agreement integrates all of the terms and
conditions mentioned herein or incidental hereto, and supersedes all negotiations
or previous agreements between the parties with respect to all or any part of the
subject matter hereof.
b. All waivers of the provisions of this Agreement must be in writing and signed by
the appropriate authorities of the City or the Ward Eight, and all amendments
hereto must be in writing and signed by the appropriate authorities of the City
and the Ward Eight.
XXIV. NON-ASSIGNMENT
The Ward Eight shall not assign the obligations under this Agreement, nor any monies
due or to become due, without the City’s prior written approval, and Ward Eight and
Ward Eight’s proposed assignee’s execution of an assignment and assumption
agreement in a form approved by the City. Any assignment in violation of this paragraph
is grounds for breach of this Agreement, at the sole discretion of the City Manager. In
no event shall any putative assignment create a contractual relationship between the
City and any putative assignee.
XXV. NO WAIVER
No failure of either the City or the Ward Eight to insist upon the strict performance by
the other of any covenant, term or condition of this Agreement, nor any failure to
exercise any right or remedy consequent upon a breach of any covenant, term, or
condition of this Agreement, shall constitute a waiver of any such breach or of such
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covenant, term or condition. No waiver of any breach shall affect or alter this
Agreement, and each and every covenant, condition, and term hereof shall continue in
full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the City, and the Participant have signed this Agreement as
of the dates set opposite their signatures.
THE CITY OF EVANSTON,
an Illinois home rule municipal corporation
By: _________________________________
Its: City Manager, Wally Bobkiewicz
WARD EIGHT LLC,
an Illinois limited liability company
By: _________________________________
Its: Manager, Anne Carlson
By: _________________________________
Its: Manager, Cody Modeer
ATTACHMENT:
Exhibit A – Legal Description of Property
Return this form to:
City of Evanston
Director Community & Economic Development
2100 Ridge Avenue
Evanston, IL 60201
Page 230 of 454
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Exhibit A:
LEGAL DESCRIPTION OF PROPERTY
LOT 6 AND THE EAST 0.62 FEET OF LOT 5 IN BLOCK 1 IN NILES HOWARD
TERMINAL ADDITIONAL, BEING A SUBDIVISION OF THE SOUTH 6.25 CHAINS (412
½ FEET) OF THAT PART OF THE NORTHEAST ¼ OF SECTION 30, TOWNSHIP 41
NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF
THE RIGHT OF WAY OF THE CHICAGO AND NORTH WESTERN RAILROAD IN
COOK COUNTY, ILLINOIS.
Real property address: 629-631 Howard Street, Evanston, Illinois, 60202
PIN: 11-30-209-024-0000
Page 231 of 454
February 15, 2012
Proposal
For: Anne Carlson & Cody Modeer
Ward Eight LLC Wine Bar
629 Howard St. Evanston, IL
Construction for new wine bar
This proposal was done on the base of preliminary drawings done by Amy Reichert,
Architecture + Design
Scope:
‐ All necessary demolition and general cleaning after construction
‐ Metal stud framing
‐ Complete plumbing (this plumbing includes installations of vanity and toilets in two
powder rooms, all restaurant stainless steel sinks with faucets by owner installed by
contractor).
‐All necessary electrical includes: 400 AMP 3 phase service and electrical fixtures (allowance
for fixtures is $3,000.00)
‐ New HVAC system with exposed spiral duct, heating unit and coil in the basement, and
compressor outside
‐ All necessary drywall, taped, patched, and primed
‐ Custom priming and painting
‐ Millwork includes: new bar with copper finished countertop, 3 booths (upholstering by
other), stage with wood floor and two wooden shelves for wine and liquor
‐ Floor in the wine bar area will be a new self‐leveling concrete finished with color and
special varnished surface
‐ All restaurant equipment by owner
Page 232 of 454
For City Council meeting of February 27, 2012 Item A10
Ordinance 26-O-12: Commercial Lease with Option to Purchase for 629-631
Howard Street
For Introduction
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: Steve Griffin, Community & Economic Development Director
Nancy Radzevich, Economic Development Manager
Johanna Nyden, Economic Development Coordinator
Subject: Ordinance 26-O-12: Lease of Commercial Space with Option to Purchase
for 629-631 Howard Street with Ward Eight, LLC
Date: February 21, 2012
Recommended Action:
Staff recommends approval of Ordinance 26-O-12, authorizing the City Manager to
negotiate and execute a Commercial Lease with an option to purchase for City-owned
property located at 629-631 Howard Street. The lease-to-own agreement is proposed
to be entered into with Ward Eight, LLC, a wine bar/cocktail lounge. Please note that
pursuant to the Illinois Municipal Code, 65 ILCS 5/11-76-1, the ordinance will need a
super majority vote to pass.
Funding Source:
Not Applicable
Summary:
The City of Evanston acquired the property located at 629-631 Howard Street in
February 2011. The property is comprised of a ground floor commercial space and two
residential apartment units above. Since the time of acquisition, staff has worked with
Alderman Ann Rainey to lease the residential portions and the ground floor commercial
space in the building.
In September 2011, two entrepreneurs, Anne Carlson and Cody Modeer, expressed
interest to the City in opening a wine bar/cocktail lounge in Evanston. Both currently
have significant restaurant and bar experience and are associated with an existing wine
bar in Chicago’s Andersonville neighborhood.
Memorandum
Page 233 of 454
Page 2 of 3
After discussions with staff and a review of available properties in Evanston, they
indicated that they sought to lease the commercial space at 629 Howard Street for their
wine bar/cocktail lounge. In addition to the commercial space, they also indicated
interest in leasing one of the residential units at the property.
Discussion
Ward Eight, LLC seeks to enter into a lease-to-own agreement with the City of
Evanston. The lease-to-own agreement proposes that they would enter into a five-year
lease with the City. The monthly rent for the five-year term is proposed as follows:
Year 1 Year 2 Year 3 Year 4 Year 5
Monthly
Rent
$0 $2,000 $2,000 $2,250 $2,500
Total
Annual
Income
$0 $24,000 $24,000 $27,000 $30,000
The abated commercial rental payments for the first year were contemplated in order to
offset initial costs associated with opening a new business. The rent in subsequent
years is estimated to be market rental rates for ground floor commercial space in the
South Evanston/North Rogers Park area. Although Ward Eight, LLC will have one year
of rent abated, they will be required to provide the City a security deposit equal to
$2,000.
In addition to leasing the space, the proprietors of Ward Eight, LLC ultimately seek to
purchase the property from the City. The proposed purchase price for the lease-to-own
agreement is $362,650. This price includes the City’s original purchase price of the
property ($237,650), the cost of improvements for the residential units ($40,000), and
the cost of additional improvements to the building ($85,000). The additional
improvements to the building are payments the City anticipates being responsible for
making that include upgrades to the heating and cooling systems in the building,
construction of ADA-accessible washrooms in the commercial space, and other
necessary repairs at the property. An accompanying memorandum and agreement to
this agenda item discusses the utilization of up to $100,000 for improvements for the
commercial space to be paid for by tax increment financing (TIF) funds from the
Howard-Ridge TIF district. (See Agenda Item A9.) Ward Eight, LLC will be responsible
for all improvements associated with finishing the bar with equipment and décor
appropriate for a wine bar/cocktail lounge.
Any rent paid to the City by Ward Eight, LLC under the commercial lease would be
treated as payment toward the future purchase price of the property. Under the
proposed agreement, they would have the opportunity to purchase the property at the
end of the third year of the lease. By the end of the third year they will have paid
$48,000 toward the principal of the negotiated purchase price of $362,650. As a result
they would then be responsible for securing payment of the remaining balance of
$314,650 to purchase the property. If they elect not to purchase the property at that
time, the City would have the option to sell the property to other interested buyers.
Page 234 of 454
Page 3 of 3
Attachments:
Copy of Ordinance 26-O-12
Copy of Lease-to-Own Agreement
Page 235 of 454
2/21/2012
26-O-12
AN ORDINANCE
Authorizing the City Manager to Negotiate and Execute
a Commercial Lease with an Option to Purchase
for City-Owned Real Property Located at 629-631 Howard Street
WHEREAS, the City of Evanston owns certain real property located at
629-631 Howard Street, Evanston, Illinois 60202, which is improved with a three-story
brick building (the “Property”); and
WHEREAS, the City Council has determined that it is in the best interests
of the City of Evanston to negotiate and execute a five (5)-year commercial lease
agreement for the first-floor commercial space of the Property, with an option to
purchase the Property, with Ward Eight, LLC,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are hereby found as fact and
incorporated herein by reference.
SECTION 2: Pursuant to Subsection 1-17-4-1 of the Evanston City Code
of 1979, as amended (the “City Code”), the City Manager is hereby authorized and
directed to negotiate and execute, and the City Clerk is hereby authorized and directed
to attest, on behalf of the City of Evanston, the lease agreement, by and between the
City of Evanston, as landlord, and Ward Eight, LLC, as tenant, for the first-floor
commercial space on the Property, in accordance with the rental schedule and terms
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provided in the agreement. The lease agreement shall be in substantial conformity with
the Lease attached hereto as Exhibit “A” and incorporated herein by reference.
SECTION 3: Should Ward Eight, LLC seek to exercise the option to
purchase, the City shall follow the procedure for conveyance by negotiation pursuant to
Subsection 1-17-4-2-(B), as amended.
SECTION 4: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 5: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 6: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 7: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
Ayes: ______________
Nays: ______________
Page 237 of 454
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Introduced:_________________, 2012
Adopted:___________________, 2012
Approved:
__________________________, 2012
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_____________________________
Rodney Greene, City Clerk
Approved as to form:
_______________________________
W. Grant Farrar, Corporation Counsel
Page 238 of 454
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EXHIBIT A
LEASE AND OPTION AGREEMENT FOR THE PREMISES LOCATED AT 629-631
HOWARD STREET, EVANSTON, ILLINOIS, BY AND BETWEEN THE CITY OF
EVANSTON, LANDLORD AND WARD EIGHT LLC, TENANT
EFFECTIVE DATE OF LEASE: March 15, 2012
TERM OF LEASE: March 15, 2012 THROUGH March 14, 2017
RENTAL RATE:
FROM March 15, 2012 THROUGH March 14, 2013: FREE RENT (Year 1)
FROM __________, 2013 THROUGH __________, 2015: $2,000.00/MO (Year 2 - 3)
FROM __________, 2015 THROUGH __________, 2016: $2,250.00/MO (Year 4)
FROM __________, 2016 THROUGH _________, 2017: $2,500.00/MO (Year 5)
This Lease and Option Agreement (the “Agreement”) is executed by and between
The City of Evanston, an Illinois home rule municipality (“Landlord”), whose main
business office is located at 2100 Ridge Avenue, Evanston, Cook County, Illinois, and
Ward Eight LLC, an Illinois limited liability company (“Tenant”), of Chicago, Illinois
(insert Tenant’s present address). Landlord and Tenant may be referred to as a “Party”
and collectively as the “Parties”.
SECTION 1: DESCRIPTION OF PREMISES
Landlord leases to Tenant the commercial area on the first floor of the property
commonly known as 629-631 Howard Street (the “Premises”), situated within the
Landlord’s 3 story mixed use building located at the same common address and legally
described on Exhibit “A” (the “Property”). The Property has two residential units on the
second and third floors and the Premises is the commercial unit on the first floor. The
term "Common Facilities" as used in this lease will include those facilities within the
Premises for the nonexclusive use of Tenant in common with other authorized users,
and includes, but is not limited to, sidewalks, planted areas, and open means of ingress
and egress.
SECTION 2: TERM
The term of this lease will be for five (5 years) and will start on March 15, 2012 –
March 14, 2017. Tenant must provide Landlord with 60 days notice if they choose to
renew the lease of the Premises.
SECTION 3: RENT
A. RATE: Tenant agrees to pay Landlord a monthly rental payment for
the term of this Agreement in accordance with the rental rate schedule outlined on the
first page. The rent is due and payable on the first day of each month.
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B. LATE CHARGES. ANY PAYMENTS FOR RENTAL OR ADDITIONAL
RENTAL NOT PAID WITHIN FIVE (5) DAYS OF THE DUE DATE SHALL INCUR A
LATE PAYMENT OF $10.00 PER DAY UNTIL PAID IN FULL.
C. PAYMENTS shall be mailed to: City of Evanston
Attn: Dept of Administrative Services
2100 Ridge Avenue, Room 4100
Evanston, IL 60201
D. RENT COMMENCEMENT: Tenant’s obligation to pay any money
will not commence until the 1st day of the earlier of the completion of the tenant
improvements outlined on Exhibit “B”, Site Plan and a certificate of occupancy is issued
or four months after the Effective Date of this Lease (the “Rent Commencement”).
However, the schedule provided on the first page commences on the first date that
Tenant receives all permits, variances and governmental approvals necessary to
construct and operate Tenant’s wine bar in the Premises (the “Rent Commencement
Date”). Tenant warrants they will use best efforts to complete construction on the
Tenant Improvements, obtain a business license, obtain a liquor license from the City
of Evanston and the State of Illinois, and open for business within 4 months of the
Effective Date.
SECTION 4: COMMON FACILITIES
A. MAINTENANCE BY LANDLORD: Landlord will maintain in good repair the
common and structural facilities of the Property which shall include but not be limited to
the following:
1. Exterior maintenance, including the foundation, walls, slab, doors and
roof and replacement;
2. A refuse container to be shared by all tenants in the Property;
3. Common electric facilities and the HVAC unit(s);
4. Common water facilities;
5. Fire Alarm inspections for the common facilities and Property; and
6. Hallways, stair rails, and related elements outside of the Premises within
the Property.
B. MAINTENANCE BY TENANT:
1. Snow and ice removal, including salting, from front walkway of Premises
and parking spaces behind the Property within 24 hours of any snow event with
accumulation of an 1 inch or more. Tenant will furnish snow removal equipment
and salt.
2. Premises maintenance and all fixtures and property within the space;
3. All refuse from Premises to be placed in appropriate containers; and
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4. The Tenant will at all times maintain all of the Premises in a clean, neat
and orderly condition. The Tenant will not use the Premises in a manner that
will violate or make void or inoperative any policy of insurance held by the
Landlord.
SECTION 5: SECURITY DEPOSIT
Concurrently with the execution of this Lease, Tenant shall deposit with Landlord
the sum of Two Thousand and 00/100 Dollars ($2,000.00). Said sum shall be held by
Landlord as security for the performance of all terms, covenants and conditions of this
Lease to be performed by Tenant. If Tenant defaults with respect to any provisions of
this lease, Landlord may at her option apply all or any portion of such deposit to
compensate Landlord for any loss or damage it may sustain. Landlord shall not be
required to keep this security deposit separate from its general funds and Tenant shall
not be entitled to any interest on such deposit. At the termination of this Agreement
Landlord shall refund the said security deposit to Tenant. In the event Tenant has
breached any of the terms, covenants and conditions of this Agreement or fails to leave
the premises in substantially the same condition as when Tenant took possession,
normal wear and tear excepted, Landlord shall be entitled to deduct from the security
deposit the amount expended by Landlord for necessary and reasonable repairs
Tenant shall not use the security deposit as the last month’s rental payment. The
Landlord shall itemize the deductions from the Security Deposit, if any.
SECTION 6: OPTION TO PURCHASE PROPERTY:
A. GENERAL: Tenant initially is only a Tenant of the Premises which is
owned and managed by Landlord. The Landlord owns the Property, on which the
Premises is located. As such, Tenant's monthly payments are lease and rental
payments. However, under the Landlord’s terms of this Agreement, the Tenant has an
option to purchase the Property so long as the Tenant is occupying and leasing the
Property and is otherwise in compliance with Landlord’s program rules after the end of
the third year (the “Option”). Tenant must submit written notification to Landlord that it
intends to exercise the Option within 90 days of expiration of the third year, thus notice
must be sent on or before the beginning of the 33rd month of the Lease. If Tenant elects
to NOT exercise the Option prior to the end of the third year of this Agreement, the
following are applicable: (1) the Landlord is freely able to market, enter into a contract,
and sell the Property to another purchaser; (2) Tenant shall remain a Tenant of the
Premises for the remainder of the term of the Agreement; and (3) Tenant shall not have
another option beyond the third year to purchase the Property at the end of the Term.
B. PURCHASE PRICE: The purchase price of this Property will be
$362,650.00 (the “Purchase Price”), which is based on the fair market value and
current appraisal of the Property and the actual cost of tenant improvements (see
Section 8) on the date of exercising the option and corporate authority decision. The
Purchase Price is based on the amount of the original purchase price that the City paid
for the property ($237,650.00), the CDBG funds anticipated to be used for the
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renovation of the residential units ($40,000.00), and part of the estimated Tenant
Improvement Allowance (defined supra).
C. CASH USED ALONE TO PURCHASE: The Tenant may notify Landlord
that they have the resources to purchase the Property and that the Tenant is exercising
the Option prior to the expiration of the Agreement. A closing or transfer of ownership
will occur upon the Tenant paying the purchase price and the Parties execution of a
purchase and sale contract (“Property Purchase Agreement”).
D. RENTAL CREDITS USED TO PURCHASE: Credit will NOT be given
for residential rent payments, made to Landlord pursuant to the Lease Agreement
between Landlord and Anne Carlson and Cody Modeer, for the Option. The Landlord
will only give credit towards the purchase price for rent payments made under this
agreement for the lease of the Premises subject to this Agreement (the “Rental
Credit”).
E. CASH AND RENTAL CREDIT USED TO PURCHASE: The Tenant may
notify Landlord that they will be exercising the Option to Purchase and that they wish to
use the Rental Credit and have the resources to supplement those credits to purchase
the Property. A closing and transfer of ownership will occur upon the Tenant paying the
difference between the rental credit and the purchase price.
F. DELINQUENCIES: Should the Tenant have incurred delinquencies with
Landlord, the Tenant will be required to payoff those delinquencies upon any offer to
exercise its Option.
G. TENANT BREACH: Should the Tenant breach this Agreement for any
reason other than nonpayment, at the discretion of Landlord, the Tenant's Option may
be denied.
H. LANDLORD REPORTING: So long as Tenant is leasing the Premises,
Landlord shall provide at the Tenant’s request, approximately every year, a written
accounting of the rent paid on the Premises, any delinquencies owing, and the Property
purchase price. However, except for the above, Landlord is not obligated to advise the
Tenant when the Rental Credit equals or exceeds the purchase price.
I. PROPERTY SOLD: If the Property is purchased by the Tenant, the
maximum interest that Landlord has in the land and structures in accordance with the
Property PIN as indicated on Exhibit “A”, and will be transferred pursuant to the
Property Purchase Agreement.
J. NO OBLIGATION TO PURCHASE THE PROPERTY: A Tenant is under
no obligation to purchase the Property and has the right to continue under the terms of
this Agreement as Tenant/renter. However, if the Tenant fails to exercise his or her
option at the conclusion of this Agreement, the Option to Purchase shall expire.
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K. NO LANDLORD RESPONSIBILITY AFTER PURCHASE: Upon sale to
Tenant pursuant to this Agreement, the Tenant shall become solely responsible for the
Property.
SECTION 7: USE OF PREMISES
A. PURPOSES: Tenant will use the Premises to operate a wine bar and sell
alcohol products and transaction of other related business and uses incidental thereto,
and no part of the Premises will be used for any other purpose without the prior written
consent of Landlord. The use of the premises will be in conformance with the
restrictions set forth in the Class S Liquor License granted to the Tenant’s by the City of
Evanston corporate authorities. Prior to the issuance of a business license, the Tenant
shall submit copies of final lien waivers to Landlord from Tenant’s contractors and
subcontractors for the tenant improvements.
B. BUSINESS HOURS: Tenant will operate the Premises and be open for
business at the discretion of the Tenant. When Tenant is open for business, Tenant will
provide adequate personnel to service its customers. However, if Tenant is unable to
comply with this provision due to shortage of materials, act of God, and destruction of
the premises by fire or other reason beyond Tenant's control (financial inability of
Tenant accepted), Tenant will not be deemed to be in default.
C. STORAGE OF MERCHANDISE: Tenant agrees to store on the Premises
only goods, wares and merchandise Tenant intends to offer for retail sale from the
Premises or use in connection with the service offered by Tenant in regular course of
the named Tenant's business. Tenant agrees to use for office or clerical purposes only
that space as is reasonably required for Tenant's business. In the basement of the
Property, storage lockers are available for the tenants to the Property. For the
Premises, Tenant shall be entitled to the use of one (1) storage locker. Tenant shall be
responsible for providing a lock for the storage locker. Landlord is not responsible for
any lost or stolen items from the storage locker.
D. STORAGE OF INFLAMMABLE MATERIALS: Tenant agrees that it will not
permit to be kept at the Premises any gasoline, distillate or other petroleum product, or
other substance of an explosive or inflammable nature as may endanger any part of the
premises without the written consent of the Landlord.
E. USE IMPAIRING STRUCTURAL STRENGTH: The Tenant will not permit the
Premises to be used in any manner that will impair the structural strength of the store
building, or permit the installment of any machinery or apparatus the weight or vibration
of which may tend to impair the building's foundations or structural strength.
F. GARBAGE DISPOSAL: The Tenant will not incinerate any garbage or debris
in or about the Premises, and will cause all containers, rubbish, garbage and debris
stored in the Premises to be hauled away for disposal before accumulation of any
substantial quantity.
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G. PUBLIC REGULATIONS: In the conduct of its business on the Premises,
Tenant will observe and comply with all laws, ordinances and regulations of public
authorities. Tenant acknowledges that the Property is owned by the City of Evanston
and therefore no smoking will be permitted at the Property.
H. OTHER MISUSE: Tenant will not permit any unlawful or immoral practice with
or without his knowledge or consent, to be committed or carried on in the Premises by
Tenant or any other person. Tenant will not use or allow the use of the Premises for
any purpose whatsoever that will injure the reputation of the Premises or of the building
of which they are a part.
I. PARKING: Tenant shall not be entitled to a parking spot in the back of the
Property as part of this Lease Agreement. As stated in the Residential Lease, the
Tenant is entitled to one (1) parking spot for the residential leased premises.
SECTION 8: IMPROVEMENTS.
A. FINANCING STATEMENT: The City will record a Uniform Commercial
Code (“UCC”) Financing Statement against the Property for the fixtures, business
equipment, and other personal property to be installed at the property pursuant to the
site plan (the “Site Plan”). The Financing Statement will secure the Landlord’s loan, as
detailed in Section 9 to Tenant for the improvements to the Premises. The Tenant will
also be required to execute a security agreement which details the terms and
conditions that the Landlord can lien the fixtures, business equipment, and personal
property (the “Security Agreement”). The terms and conditions of the Security
Agreement shall be incorporated into the Lease herein by reference.
B. INSTALLATION OF EXTERIOR LIGHTING AND FIXTURES: Tenant will
not install any exterior lighting, exterior plumbing facilities, shades or awnings,
amplifiers, or similar devices, or use any advertising medium that may be heard outside
the Premises, such as loudspeakers, or radio broadcasts, without Landlord's prior
written consent.
C. IMPROVEMENT INSTALLATION AND ALLOWANCE:
1. Improvement Allowance: Landlord shall provide Tenant with an
improvement allowance to renovate the Property in the principal amount of
no greater than $100,000.00, the final amount to be determined based on
the architecture drawings, scope of work, and cost projections (the “Tenant
Improvement Allowance”). The Tenant Improvement Allowance shall be
approved by the City Manager prior to any construction. This
Improvement Allowance shall NOT be paid out directly to the Tenant and
not be funded until: (a) City of Evanston Council has approved the
Agreement; (b) the Agreement is executed; and (c) Final improvement
plans attached as Exhibit “B” are accepted by both Parties. The Landlord,
as administrator of the grant, shall pay the contractors for the
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improvements directly in accordance with a separate TIF Grant
Agreement, the terms of which are incorporated herein by reference. The
Improvement Allowance is funded through the Howard-Ridge Tax
Increment Financing (TIF) District.
2. Construction of Improvements: The Tenant shall contract for the
construction of the improvements. The improvements shall be in
substantial conformance with the attached plans on Exhibit “B” (the
“Tenant Improvements”). Any variation from the plans shall be first
approved by the Landlord. Landlord shall not unreasonably withhold its
consent for approval of the revised plans.
D. Subject to the improvements provided on Exhibit “B”, Tenant shall not
attach, affix or exhibit or permit to be attached, affixed or exhibited, except by Landlord
or his agent, any articles of permanent character or any sign, attached or detached with
any writing or printing thereon, to any window, floor, ceiling, door or wall in any place in
or about the Premises, or upon any of the appurtenances thereto, without in each case
the written consent of the Landlord; and shall not commit or suffer any waste in or
about said Premises; and shall make no changes or alterations in the Premises by the
erection of partitions or the papering of walls or otherwise, without the consent in
writing of Landlord; and in case Tenant shall affix additional locks or bolts on doors or
window, or shall place in the Premises lighting fixtures or any fixtures of any kind
without the consent of the Landlord first had and obtained such locks, bolts and fixtures
shall remain for the benefit of Landlord, and without expense of removal or
maintenance to Landlord.
SECTION 9: CDBG LOAN TO TENANT: The City shall provide a 10-year
loan to the Tenant in the principal amount of up to $130,000.00 (One Hundred Thirty
Thousand and no/100 Dollars), together with interest on the unpaid principal balance
from August 15, 2012, until paid in full. Borrower (Tenant) will pay this loan in 120
regular payments of $1,316.19 each. The loan shall be repaid at the earlier of the
following two dates: (1) after the date of termination of this Lease, without the Tenant
exercising its option to purchase; or (2) at the conclusion of the 120th month. The loan
terms are more specifically provided in the promissory note to evidence the
indebtedness (the “Note”). The Note will be secured by the fixtures and personal
property to which the City will be filing a UCC Financing Statement, as provided in
Section 8. Additionally, the CDBG Loan shall be administered in accordance with the
guidelines and requirements provided in a project agreement between the City and its
Borrower (the “Project Agreement”). The Project Agreement and Note terms shall be
incorporated into the Lease herein by reference.
SECTION 10: SIGNS: Tenant will have the exclusive right to maintain on the
exterior and interior of the Premises, at its own expense, all signs necessary to conduct
the business of Tenant. Tenant acknowledges that there are limitations from the City of
Evanston’s Municipal Code for the sign size, type, and number and Tenant agrees to be
bound by such laws and ordinances.
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SECTION 11: DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD
PERSONS: Except as provided by Illinois law, Landlord will not be liable to Tenant for
any damage or injury to Tenant or Tenant’s property occasioned by the failure of
Landlord to keep the Premises in repair, and shall not be liable for any injury done or
occasioned by wind or by or from any defect of plumbing, electric wiring or of insulation
thereof, gas pipes, water pipes or steam pipes, or from broken stairs, porches, railings
or walks, or from the backing up of any sewer pipe or down-spout or from the bursting,
leaking or running of any tank, tub, washstand, water closet or waste pipe, drain, or any
other pipe or tank in, upon or about the Premises or the building of which they are a
part nor from the escape of steam or hot water from any radiator, it being agreed that
said radiators are under the control of Tenant, nor for any such damage or injury
occasioned by water, snow or ice being upon or coming through the roof, skylight, trap
door, stairs, walks or any other place upon or near the Premises, or otherwise, nor for
any such damage or injury done or occasioned by the falling of any fixture, plaster, or
stucco, nor for any damage or injury arising from any act, omission or negligence or co-
tenants or of other persons, occupants of the same building or of adjoining or
contiguous buildings or of owners of adjacent or contiguous property, or of Landlord’s
agents or Landlord, all claims for any such damage or injury being hereby expressly
waived by Tenant.
SECTION 12: CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT
A. USE OF PARTIALLY DAMAGED PREMISES: On damage or destruction to the
Premises, Tenant will continue to use them for the operation of its business to the
extent practicable.
B. RIGHT TO TERMINATE ON DESTRUCTION OF TWO-THIRDS OF PREMISES:
Either Party will have the right to terminate this Agreement if, during the last year of the
term, the Premises is damaged to an extent exceeding two-thirds of the reconstruction
cost of the Premises as a whole. On termination, this Agreement will be affected by
written notice to the other Party, delivered within ten days of the damage.
C. REPAIRS BY LANDLORD: If the Premises are damaged or destroyed before or
after the start of the Agreement by any cause beyond Tenant's control, then Landlord
will immediately, on receipt of insurance proceeds paid in connection with casualty
damage, but no later than sixty days after damage has occurred, proceed to repair the
premises. Repairs will include any improvements made by Landlord or by Tenant with
Landlord's consent, on the same plan and design as existed immediately before the
damage occurred, subject to those delays reasonably attributable to governmental
restrictions or failure to obtain materials, labor or other causes, whether similar or
dissimilar, beyond the control of Landlord. Materials used in repair will be as nearly like
original materials as reasonably procured in regular channels of supply. Wherever
cause beyond the power of the party affected causes delay, the period of delay will be
added to the period in this lease for completion of the work, reconstruction or
replacement.
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D. REDUCTION OF RENT DURING REPAIRS: If Tenant continues to conduct
business during the making of repairs, the fixed minimum monthly rental will be
equitably reduced in the proportion that the unusable part of the premises bears to the
whole. The determination of the unusable space shall be determined by the Landlord
based on square footage. No rent will be payable while the store building is wholly
unoccupied pending the repair of casualty damage.
SECTION 13: REPAIRS AND MAINTENANCE
Tenant shall keep the Premises and appurtenances thereto in a clean condition,
and in good repair, all according to the statutes and ordinances in such cases made
and provided, and the directions of public officers thereunto duly authorized, all at
Tenant’s own expense, and shall yield the same back to Landlord, upon the termination
of this Agreement, whether such termination shall occur by expiration of the term, or in
any other manner whatsoever, in the same condition of cleanliness, repair and
sightlines as at the date of the execution hereof, loss by fire and reasonable wear and
tear excepted. Tenant shall make all necessary repairs and renewals upon Premises
and replace broken globes, glass and fixtures with material of the same size and
quality as that broken and shall insure all glass in windows and doors of the Premises
at his own expense. If, however, the Premises shall not thus be kept in good repair
and in a clean, and healthy condition by Tenant, as aforesaid, Landlord may enter the
same, or by Landlord’s agents, servants or employees, without such entering causing
or constituting a termination of this Agreement or an interference with the possession of
the Premises by Tenant, and Landlord may replace the same in the same condition of
repair, sightlines, healthiness and cleanliness as existed at the date of execution
hereof, and Tenant agrees to pay Landlord, in addition to the rent hereby reserved, the
expenses of Landlord in thus replacing the Premises in that condition. Tenant shall not
cause or permit any waste, misuse or neglect of the water, or of the water, gas or
electric fixtures.
Tenant will, at Tenant’s expense, maintain all of the demised Premises, including
but not limited to, store fronts, bulk-heads, exterior entry and exit doors, ornamental
facing, plate glass and glazing on the demised Premises, in good condition and repair.
Tenant will also be in compliance with all laws and regulations during the entire term of
this Agreement, except for repairs required of the Landlord to be made and damage
occasioned by fire, hurricane or other causes as provided for in this Agreement.
SECTION 14: UTILITIES
Tenant agrees to pay before delinquency all charges for gas, water, heat,
electricity, power and other similar charges incurred by Tenant during its occupancy of
the Premises.
SECTION 15: TAXES
Tenant will pay before delinquency all taxes levied on Tenant's fixtures,
equipment and personal property on the demised Premises, whether or not affixed to
the real property. Landlord will prorate the real estate taxes for the Property based on
the proportionate share of the square footage of the Premises (the “Premises Real
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Estate Taxes”), which is equal to thirty three percent (33%). The Landlord will invoice
the Tenant for the Premises Real Estate Taxes and payment must be received within 30
days of the date of the invoice. The amount of the Real Estate Taxes owed will
fluctuate based on Cook County assessments.
SECTION 16: INSURANCE
A. INSURANCE COMPANIES: It is agreed that any policies of insurance to be
maintained by the respective parties will be obtained from good and solvent insurance
companies.
B. TENANT TO OBTAIN LIABILITY INSURANCE: Tenant agrees that it will, at
its expense, maintain a policy of insurance, written by responsible insurance carriers,
approved by Landlord that will insure Landlord against liability for injury to or death of
persons or damage to property occurring about the demised Premises. The liability
under insurance will be at least $1 million for any one person injured or killed or any one
occurrence, $2 million general aggregate coverage for any one accident, and $
100,000.00 property damage.
C. TENANT TO OBTAIN WORKER’S COMPENSATION INSURANCE: Tenant
agrees to maintain employees' Worker’s Compensation insurance required under Illinois
law, and any other insurance necessary to protect Landlord against liability to person or
property.
D. TENANT TO OBTAIN FIRE INSURANCE ON FIXTURES AND
INVENTORY: The Tenant agrees to maintain on all equipment in the Premises, a policy
of fire insurance in companies approved by the Landlord of at least __80__% of the
insurable replacement value. Tenant also will maintain adequate inventory insurance,
the proceeds of which will, as long as this Agreement is in effect, be used for the
replacement of the insured property. The policy will name Landlord as additional
beneficiary to protect Landlord’s interest as Landlord.
E. LANDLORD TO OBTAIN FIRE INSURANCE ON PREMISES: Landlord
agrees to maintain during this Agreement, a policy fire insurance of at least __80__% of
the insurable value of the Premises. If permitted without additional charge, Landlord will
cause to be endorsed on its fire insurance, and any extended coverage policy or
policies, the waiver of right of subrogation.
F. TENANT’S WAIVER OF CASUALTY INSURANCE PROCEEDS: If the
Premises are damaged by fire or other casualty insured against, Tenant agrees to claim
no interest in any insurance settlement arising out of any loss where premiums are paid
by Landlord, or where Landlord is named as sole beneficiary, and that it will sign all
documents required by Landlord or the insurance company necessary in connection
with the settlement of any loss.
G. CONTROL OF INSURANCE PROCEEDS TO AVOID TAXABLE GAIN: If
the Premises, including any improvements, were to be damaged in any manner, and the
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receipt of any insurance proceeds or other reimbursement for such damage would
result in the realization of taxable gain for federal or state purposes, then the party to
whom the gain would be taxed will have the right to take all action respecting proceeds
or reimbursements necessary to enable party to comply with any regulations of the
appropriate taxing authorities, so that the gain will not be recognized for tax purposes.
Nothing here will be construed to entitle Landlord to delay any repairs to any part of the
improvements in the event of damage.
H. TENANT’S FAILURE TO INSURE: Should Tenant fail to keep in effect and
pay for insurance as required by this section, the Landlord may do so.
SECTION 17: SUBLETTING; ASSIGNMENT
The Premises shall not be sublet in whole or in part to any person other than
Tenant, and Tenant shall not assign this Agreement to any person or corporate entity,
unless directly affiliated with a corporate entity of Tenant. If Tenant, or any one or more
of the Tenants, if there be more than one, shall make an assignment for the benefit of
creditors, or shall be adjudged a bankrupt, Landlord may terminate this Agreement, and
in such event Tenant shall at once pay Landlord a sum of money equal to the entire
amount of rent reserved by this Agreement for the then unexpired portion of the term
hereby created as liquidated damages. At Landlord’s option, should Landlord consent
to any assignment or sublease of the demised Premises, Tenant shall nevertheless
remain liable for all terms and conditions of this Agreement until the expiration of the
Agreement term stated above.
SECTION 18: SURRENDER OF PREMISES – HOLDING OVER
Subject to the Option to Purchase language, Tenant will, at the termination of this
Lease, leave the Premises in as good condition as they are in at the time of entry by
Tenant, except for reasonable use and wear, acts of God, or damage by casualty
beyond the control of Tenant. On vacating, Tenant will leave the Premises clear of all
rubbish and debris. If Tenant retains possession of the Premises or any part thereof
after the termination of the term by lapse of time or otherwise, then Landlord may at its
option within thirty days after termination of the term serve written notice upon Tenant
that such holding over constitutes the creation of a month to month tenancy, upon the
terms of this Agreement. Tenant shall also pay to Landlord all damages sustained by
Landlord resulting from retention of possession by Tenant. The provisions of this
paragraph shall not constitute a waiver by Landlord of any right of re-entry as
hereinafter set forth; nor shall receipt of any rent or any other act in apparent affirmation
of tenancy operate as a waiver of the right to terminate this Agreement for a breach of
any of the covenants herein.
SECTION 19: INDEMNIFICATION AND LIENS
A. LIENS AND ENCUMBRANCES: The Tenant will hold the Landlord harmless
from all claims, liens, claims of lien, demands, charges, encumbrances or litigation
arising out of any work or activity of Tenant on the Premises. Tenant will, within sixty
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(60) days after filing of any lien, fully pay and satisfy the lien and reimburse Landlord for
all resulting loss and expense, including a reasonable attorney's fees. Provided,
however, in the event that Tenant contests any lien so filed in good faith and pursues an
active defense of said lien, Tenant shall not be in default of this paragraph. However, in
the event of any final judgment against Tenant regarding such lien, Tenant agrees to
pay such judgment and satisfy such lien within 60 days of the entry of any such
judgment.
B. DISCHARGE OF LIEN: If Tenant fails to fully discharge any claim, lien, claim
of lien, demand, charge, encumbrance, or litigation, or should proceedings be instituted
for the foreclosure of any lien or encumbrance, and if judgment is rendered against
Tenant either by a court of competent jurisdiction or by arbitration and Tenant still
persists in non-payment of the same within the 60 day set forth above, Landlord will
have the right at any time after expiration of the 60-day period, to pay the lien or
encumbrance. All amounts so paid will be repaid by the Tenant on demand, together
with interest at the rate of __10__% per year from the date of payment and shall be
considered additional rent owed to Landlord by Tenant.
C. INDEMNIFICATION OF LANDLORD: Except as otherwise provided in this
Agreement, Tenant shall protect, indemnify and save Landlord and its officers, agents,
attorneys, and employees harmless from and against any and all obligations, liabilities,
costs, damages, claims and expenses of whatever nature arising from injury to persons
or damage to property on the Premises, arising out of or in connection with Tenant’s use
or occupancy of the Premises or Tenant’s activities on the Premises, or contracts
entered into for work on the Premises, or arising from any negligent or willful act of
Tenant. Tenant shall pay for all of Landlord’s costs of suit and attorneys fees and
expenses.
D. INDEMNIFICATION OF TENANT. Except as otherwise provided in this
Agreement, Landlord shall protect, indemnify and save Tenant and its officers, agents,
attorneys, and employees harmless from and against any and all obligations, liabilities,
costs, damages, claims and expenses of whatever nature arising from injury to persons
or damage to property on the Premises, arising out of or in connection with Landlord’s
negligent act or omission or willful misconduct. Landlord shall pay for all of Tenant’s
costs of suit and attorneys fees and expenses.
SECTION 20: LANDLORD'S RIGHT OF INSPECTION AND REPAIRS
Tenant shall allow Landlord or any person authorized by Landlord reasonable
access to the Premises during regular business hours for the purpose of examining or
exhibiting the same, or to make any repairs or alterations thereof which Landlord may
see fit to make. If the Tenant does not exercise the Option and/or will be vacating the
Premises at or prior to the end of the Term, Tenant will also allow Landlord to have
placed upon the Premises at all times notices of “For Sale” and “For Rent”, and Tenant
will not interfere with the same.
SECTION 21: DEFAULT AND REMEDIES
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A. EVENT OF DEFAULT: Any one of the following events shall be deemed to be
an event of default hereunder by Tenant subject to Tenant's right to cure:
(1) Tenant shall fail to pay within five (5) days, any item of Base Rent
at the time and place when and where due;
(2) Tenant shall fail to maintain the insurance coverage as set forth
herein;
(3) Tenant shall fail to comply with any term, provision, condition or
covenant of this Lease, other than the payment of rent, and shall not cure,
or commence the good faith cure of any such failure, within fifteen (15)
days after written notice to the Tenant of such failure;
(4) Tenant shall make a general assignment the benefit of creditors, or
shall admit in writing its inability to pay its debts as they become due or
shall file a petition in bankruptcy; or
(5) Any default by Tenant under the terms of the Note, Project
Agreement, or Security Agreement.
B. OCCURRENCE OF AN EVENT: Upon the occurrence of any event of
default, Landlord shall have the option to pursue any one or more of the following
remedies subject to the laws of the State of Illinois and the Tenants right to cure:
(1) Terminate this Lease, in which event Tenant shall immediately
surrender the Premises to Landlord, but if Tenant fails to do so, Landlord
may, without further notice and without prejudice to any other remedy
Landlord may have for possession or arrearages in rent or damages for
breach of contract, enter upon the Premises and expel or remove and with
or without notice of such election or any notice or demand whatsoever,
this Agreement shall thereupon terminate and upon the termination of
Tenant’s right of possession, as aforesaid, whether this Agreement be
terminated or not, Tenant agrees to surrender possession of the Premises
immediately, without the receipt of any demand for rent, notice to quit or
demand for possession of the Premises whatsoever and hereby grants to
Landlord full and free license to enter into and upon the Premises or any
part thereof, to take possession thereof with or (to the extent permitted by
law) without process of law, and to expel and to remove Tenant or any
other person who may be occupying the Premises or any part thereof, and
Landlord may use such force in and about expelling and removing Tenant
and other persons as may reasonably be necessary, and Landlord may
re-possess herself of the Premises as of her former estate, but such entry
of the Premises shall not constitute a trespass or forcible entry or detainer,
nor shall it cause a forfeiture of rents due by virtue thereof, nor a waiver of
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any covenant, agreement or promise in this Agreement contained to be
performed by Tenant. Tenant and its effects, without being liable to
prosecution or any claim for damages therefor; and Tenant agrees to
indemnify Landlord for all loss and damage which Landlord may suffer by
reason of such lease termination, whether through inability to re-let the
Premises, or through decrease in Rent, or otherwise.
(2) Landlord may recover from Tenant upon demand all of Landlord's
costs, charges and expenses, including the fees and costs of counsel,
agents and others retained by Landlord which have been incurred by
Landlord in enforcing Tenant's obligations hereunder, subject to Landlord
prevailing on its claims.
(c) Pursuit of any of the foregoing remedies shall not preclude pursuit of any
other remedy herein provided or available to Landlord at law or in equity, or
constitute a forfeiture or waiver of any Rent due hereunder or of any damages
suffered by Landlord.
C. REPOSSESSION OR RELETTING NOT A TERMINATION; LANDLORD’S
RIGHT TO TERMINATE NOT FORFEITED: No repossession, operation or re-letting of
the Premises or of fixtures and equipment will be construed as an election by Landlord
to terminate this Agreement unless a written notice is given by the Landlord to the
Tenant. The Landlord may terminate this Agreement if the Tenant remains in default.
The acceptance of rent, whether in a single instance or repeatedly, after it falls due, or
after knowledge of any breach hereof by Tenant, or the giving or making of any notice
or demand, whether according to any statutory provision or not, or any act or series of
acts except written waiver, shall not be construed as a waiver of Landlord’s rights to act
without notice or demand or of any other right hereby given Landlord, or as an election
not to proceed under the provisions of this Agreement.
D. TENANT’S OBLIGATION TO PAY DEFICIENCIES: If rentals received by the
Landlord from re-letting the Premises under the provisions of this section are insufficient
to pay all expenses and amounts due, Tenant will pay any deficiencies to the Landlord
on demand and be declared in default for failure to pay.
E. LANDLORD’S RIGHT TO PERFORM TENANT’S DUTIES AT TENANT’S
COST: If in Landlord's judgment any default by Tenant will jeopardize the Premises or
the rights of Landlord, Landlord may, without notice, elect to cure Tenant's default and
Tenant will reimburse Landlord, with interest, on 10-days' notice by Landlord to Tenant.
F. LANDLORD’S RIGHT TO TERMINATE AGREEMENT: If Tenant defaults as
stated in Paragraph A of this section, Landlord may, without further notice, terminate
this Agreement and all interest of Tenant and may take possession of the Premises by
legal proceedings.
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G. LANDLORD’S RIGHT ON TERMINATION TO RECOVER AMOUNT EQUAL
TO RENT RESERVED: If this Agreement is terminated by Landlord due to any default
by Tenant, Landlord will be entitled to recover from Tenant, at termination, the excess, if
any, of the rent reserved in this Agreement for the balance of the term over the
reasonable rental value of the Premises for the same period. The "reasonable rental
value" will be the amount of rental Landlord can obtain as rent for the balance of the
term.
H. LANDLORD’S REMEDIES CUMULATIVE: All of the remedies given to
Landlord in this Agreement or by law are cumulative, and the exercise of one remedy by
the Landlord will not impair its right to exercise any other right or remedy.
SECTION 22: INTENTIONALLY DELETED.
SECTION 23: REMOVAL OF OTHER LIENS
In event any lien upon Landlord’s title results from any act or neglect of Tenant
and Tenant fails to remove said lien within ten days after Landlord’s notice to do so,
Landlord may remove the lien by paying the full amount thereof or otherwise and
without any investigation or contest of the validity thereof and Tenant shall pay Landlord
upon request the amount paid out by Landlord in such behalf, including Landlord’s
costs, expenses and reasonable attorney’s fees. If Tenant demonstrates to Landlord
that Tenant is contesting the validity of said lien in good faith, then Landlord shall allow
Tenant to so contest such lien until either Tenant either abandons such contest or a
final verdict is reached in a court of competent jurisdiction. Any amount advanced on
behalf of Tenant shall be paid to Landlord by Tenant within 30 days after such
advancement is made together with interest at 9% per annum and such amount shall be
considered additional rentals.
SECTION 24: REMEDIES NOT EXCLUSIVE
The obligation of Tenant to pay the rent reserved hereby during the balance of
the term hereof, or during any extension hereof, shall not be deemed to be waived,
released or terminated, by the service of any five-day notice, other notice to collect,
demand for possession, or notice that the tenancy hereby created will be terminated on
the date therein named, the institution of any action of forcible detainer or ejectment or
any judgment for possession that may be rendered in such action, or any other act or
acts resulting in the termination of Tenant’s right to possession of the Premises. The
Landlord may collect and receive any rent due from Tenant and payment or receipt
thereof shall not waive or affect any such notice, demand, suit or judgment, or in any
manner whatsoever waive, affect, change, modify or alter any rights or remedies which
Landlord may have by virtue hereof.
SECTION 25: EXPENSES OF ENFORCEMENT
Tenant, if Landlord is the prevailing party, shall pay upon demand all Landlord’s
costs, charges and expenses, including reasonable attorney’s fees, agents fees and
fees of others retained by Landlord, incurred in enforcing any of the obligations of
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Tenant under this Agreement, or in any litigation, negotiation or transaction in which
Landlord shall, without Landlord’s fault become involved through or on account of any
action or omission of Tenant regarding this Agreement.
Landlord, if Tenant is the prevailing party, shall pay upon demand all Tenant’s
costs, charges and expenses, including reasonable attorney’s fees, agents fees and
fees of others retained by Tenant, incurred in enforcing any of the obligations of
Landlord under this Agreement, or in any litigation, negotiation or transaction in which
Tenant shall, without Tenant’s fault become involved through or on account of any
action or omission of Landlord regarding this Agreement.
SECTION 26: EMINENT DOMAIN
A. MORE THAN 30 PERCENT TAKEN: If 30 percent or more of the Premises
are taken for a public or quasi-public use, this lease will terminate as of the date of the
physical taking, and the Parties will be released from all further liability.
B. LESS THAN 30 PERCENT TAKEN: If the taking affects less than 30 percent
of the Premises, the Landlord will, with reasonable diligence, proceed at Landlord’s
expense to repair the Premises and place them in tenantable condition within 120 days
after the date of the actual physical taking. However, if 25% percent or more of the
Premises as a whole is taken, the Landlord may elect to terminate this Agreement,
notwithstanding that less than 30 percent of the Premises were taken. On termination,
the parties will be released from all further liability under this Agreement.
C. ABATEMENT OF RENT: During any repair, Tenant will be required to pay
only that part of the fixed minimum monthly rental as the area of the tenantable
Premises remaining during repairs bears to the entire area leased. On completion of
repairs, the fixed minimum monthly rental will be adjusted in proportion to the repaired
area, and Tenant will be required to pay the adjusted fixed minimum monthly rental in
accordance this Agreement. There will be no abatement of any rent once physical
possession is taken of part of the Premises. The method of computing the percentage
rental will not change, and there will be no reduction of percentage rental.
D. RIGHT TO CONDEMNATION AWARD: Any award made in any
condemnation proceeding for the taking of any part of the Premises will be the sole
property of Landlord.
SECTION 27: GOVERNMENTAL INTERFERENCE WITH POSSESSION
Tenant will not be released from its obligation should its possession of the
Premises be interfered with by adoption of any law, ordinance, resolution, regulation or
act of any legal or governmental authority. Further, Tenant will not be released by any
order of abatement or judgment preventing use of the premises on the ground that the
Premises or the business operated there constitutes a legally recognized nuisance.
SECTION 28: PEACEFUL ENJOYMENT
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Landlord covenants and warrants that, subject to any trust deeds or mortgages of
record, it is the owner of the Property and Premises, and that Tenant, on payment of
rents and performance of the conditions, covenants, and agreements to be performed
by it, may enjoy the Premises without interruption or disturbance.
SECTION 29: EFFECT OF WAIVER OF BREACH OF COVENANTS
No waiver of any breach of any condition of this Agreement will be construed to
be a waiver of any other breach of provision, covenant or condition.
SECTION 30: TIME OF THE ESSENCE
Time is of the essence.
SECTION 31: AMENDMENTS TO BE IN WRITING
This Agreement may be modified or amended only in writing signed by Landlord
and Tenant. It may not be amended or modified by oral agreements between the
Parties unless they are in writing duly executed by Landlord and Tenant.
SECTION 32: PARTIES BOUND
Every provision of this Agreement will bind the parties and their legal
representatives. The term "legal representatives" is used in its broadest meaning and
includes, in addition to executors and administrators, every person, partnership,
corporation or association succeeding to any interest in this Agreement. Every
covenant, agreement and condition of this Agreement will be binding on Tenant's
assignees, subtenants, concessionaires and/or licensees, heirs, administrators and
executors.
SECTION 33: NOTICES
All notices or demands that Landlord may need to serve under this Agreement
may be served on Tenant (as an alternative to personal service) by mailing a copy by
registered or certified mail to the following addresses for the parties:
City of Evanston
Attn: W. Grant Farrar, Corporation Counsel
2100 Ridge Avenue, Rm 4400
Evanston, IL 60201
Cody Modeer and Anne Carlson
631 Howard Street, Unit 2
Evanston, IL 60202
Service will be deemed complete at the time of the leaving of notice or within 2
days after mailing. All notices or demands from Tenant to Landlord may be served on
Landlord at the address where rent is being paid, or at any other address Landlord may
in writing designate to Tenant. In the event that it appears that Tenant is avoiding the
service of any notice and is not present at the Premises for a period of more than 14
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consecutive days, notices may be served by posting such notice upon the Premises.
Notice shall than be deemed effective 5 days after such posting.
SECTION 34: MISCELLANEOUS
Provisions typed on this Agreement and all riders attached to this Agreement and
signed by Landlord and Tenant are hereby made a part of this Agreement. (b) Tenant
shall keep and observe such reasonable rules and regulations now or hereafter required
by Landlord, which may be necessary for the proper and orderly care of the building of
which the Premises are a part. (c) All covenants, promises, representations and
agreements herein contained shall be binding upon, apply and inure to the benefit of
Landlord and Tenant and their respective heirs, legal representatives, successors and
assigns. (d) the rights and remedies hereby created are cumulative and the use of one
remedy shall not be taken to excuse or waive the right to the use of another. (e) The
words “Landlord” and “Tenant” wherever used in this Agreement shall be construed to
mean Landlords or Tenants in all cases where there is more than one Landlord or
Tenant herein; and the necessary grammatical changes shall be assumed in each case
as though full expressed. (f) This Agreement and any written and signed Amendments
and/or Riders hereto shall constitute the entire agreement between the parties, and any
oral representations made by one party to the other are considered merged herein. (g)
In all cases where Landlord’s consent is required, Landlord’s consent shall not be
unreasonably withheld. (h) This Agreement may be executed in multiple copies, each of
which shall constitute an original.
SECTION 35: VENUE AND JURISDICTION
The Parties agree the this Agreement shall be governed by and interpreted in
accordance with the laws of the State of Illinois and that venue for any disputes shall be
in the Circuit Court of Cook County, Illinois.
[Signatures on following page]
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IN WITNESS WHEREOF, both of said Landlord and Tenant have caused this
Agreement to be executed as of the date and year first above written by a duly
authorized officer or manager of each of the respective parties.
Landlord: THE CITY OF EVANSTON,
an Illinois home rule municipal corporation
By: _________________________________
Its: City Manager, Wally Bobkiewicz
Tenant: WARD EIGHT LLC,
an Illinois limited liability company
By: _________________________________
Its: Manager, Anne Carlson
By: _________________________________
Its: Manager, Cody Modeer
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EXHIBIT “A”
LEGAL DESCRIPTION
LOT 6 AND THE EAST 0.62 FEET OF LOT 5 IN BLOCK 1 IN NILES HOWARD
TERMINAL ADDITIONAL, BEING A SUBDIVISION OF THE SOUTH 6.25 CHAINS (412
½ FEET) OF THAT PART OF THE NORTHEAST ¼ OF SECTION 30, TOWNSHIP 41
NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF
THE RIGHT OF WAY OF THE CHICAGO AND NORTH WESTERN RAILROAD IN
COOK COUNTY, ILLINOIS.
Real property address: 629-631 Howard Street, Evanston, Illinois, 60202
PIN: 11-30-209-024-0000
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EXHIBIT “B”
PREMISES IMPROVEMENTS – SITE PLAN
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For City Council meeting of February 27, 2012 Item A11
Ordinance 11-O-12: Board of Local Improvements Alley Paving Improvements
For Introduction
To: Honorable Mayor and Members of the City Council
Members of the Administration & Public Works Committee
From: Suzette Robinson, Director of Public Works
Sat Nagar, Senior Engineer
Subject: Ordinance 11-O-12 Amending Title 7, Chapter 15 “Board of Local
Improvements” to Enact a New Section for Alley Paving Improvements
Date: February 20, 2012
Recommended Action:
Staff recommends the adoption of the proposed ordinance 11-O-12 by which the City
Council would amend Title 7, Chapter 15 of the City Code to enact a new section for
alley paving improvements.
Funding Source:
N/A
Summary:
The Board of Local Improvement developed the proposed ordinance to incorporate the
alley paving improvement program into the City Code. The current program whereby
residents pay 50% via special assessment and the City pays 50% to pave unimproved
alleys was established by City policy.
The proposed ordinance requires that at least 51% of the owners of property that abuts
any unimproved alley petition the City for the construction of either an impermeable
concrete pavement alley with related storm sewers or a permeable pavement alley.
The City would fund 50% of the cost of impermeable alleys or 40% of the cost of
permeable alleys. The cost to construct a permeable alley is approximately 20% higher,
therefore the City’s reduced share of 40% will allow the City to offer the “green”
alternative on a cost neutral basis to the City when compared with the existing 50-50
alley program.
Staff recommends approval of proposed ordinance 11-O-12.
Attachment:
Ordinance 11-O-12
Memorandum
Page 263 of 454
1/23/2012
11-O-12
AN ORDINANCE
Amending Title 7, Chapter 15 “Board of Local Improvements” by
Enacting a New Section for Alley Paving Improvements
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Title 7, Chapter 15 of the Evanston City Code of 1979,
as amended, “Board of Local Improvements”, is hereby further amended by enacting a
new Section 7, "Alley Paving Improvements", to read as follows:
7-15-7: ALLEY PAVING IMPROVEMENTS
(A) Impermeable alley: The owners of at least 51 percent (51%) of the property abutting
any unimproved alley or portion thereof, may petition the City for the construction of an
impermeable concrete pavement and related storm sewer and drainage improvements
for the alley thereon. This type of alley is automatically selected, unless the owners
specifically request the installation of permeable pavement. Such petition shall be filed
with the City Manager or his/her designee. When the Board of Local Improvements
receives a petition to pave an alley within the City, the Board of Local Improvements will
follow the special assessment procedure established in the Illinois Municipal Code, 65
ILCS 5/9-3-1/et seq. for the petition to pave the alley.
If the Impermeable alley paving improvement is confirmed by the Cook County Circuit
Court in accordance with the state statute, the City will pay fifty percent (50%) of the
project cost with the property owners paying the remaining fifty percent (50%) annually
over a 10-year period.
(B) Permeable alley: The owners of at least 51% of the property abutting any
unimproved alley or portion thereof, may opt to petition the City for the construction of
permeable pavement for the alley thereon (“Green Alley”). The Green Alley petition
shall be filed with the City Manager or his/her designee. When the Board of Local
Improvements receives the Green Alley petition to pave an alley within the City, the
Board of Local Improvements will follow the special assessment procedure established
in the Illinois Municipal Code, 65 ILCS 5/9-3-1/et seq. for the petition to pave the alley.
If the Green Alley paving improvement is confirmed by the Cook County Circuit Court in
accordance with state statute, the City will pay forty percent (40%) of the project cost
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with the property owners paying the remaining sixty percent (60%) annually over a 10-
year period.
(C) The assessment cost attributable to each property owner is based on the unit cost
method, unless a more equitable alternative method is appropriate and approved by the
Board of Local Improvements and approved by a majority (at least 51%) of the property
owners abutting the subject alley.
(D) The Board of Local Improvements may initiate alley paving improvement projects
within the City. The acceptance of a petition by the Board of Local Improvements is
also conditioned on the soil conditions of the subject alley.
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.
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Introduced:_________________, 2012
Adopted:___________________, 2012
Approved:
__________________________, 2012
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_______________________________
Rodney Greene, City Clerk
Approved as to form:
_______________________________
W. Grant Farrar, City Attorney
Page 266 of 454
For City Council meeting of February 27, 2012 Item A12
Ordinance 14-O-12: Decreasing Class D Liquor Licenses
For Introduction
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: W. Grant Farrar, Corporation Counsel
Wendy McCambridge, Administrative Adjudication Manager
Subject: Ordinance 14-O-12, Decreasing the Number of Class D Liquor Licenses
due to closure of Donatella Mediterranean Bistro
Date: February 8, 2012
Recommended Action:
Staff recommends adoption of Ordinance 14-O-12.
Funding Source:
N/A
Summary:
Ordinance 14-O-12 amends Subsection 3-5-6-(D) of the Evanston City Code of 1979
(“City Code”), as amended, to decrease the number of Class D liquor licenses from 24
to 23 due to the closure of Donatella Mediterranean Bistro, 1512 Sherman Avenue.
This “housekeeping” ordinance amends the City Code to reflect withdrawal of the Class
D license issued to Donatella Mediterranean Bistro.
Legislative History:
N/A
Attachments:
Ordinance 14-O-12
Memorandum
Page 267 of 454
1/30/2012
14-O-12
AN ORDINANCE
Amending Subsection 3-5-6-(D) of the City Code
to Decrease the Number of Class D Liquor Licenses
from Twenty-Four to Twenty-Three
(Donatella Mediterranean Bistro, 1512 Sherman Ave.)
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Subsection 3-5-6-(D) of the Evanston City Code of 1979, as
amended, is hereby further amended by decreasing the number of Class D liquor
licenses from twenty-four (24) to twenty-three (23), to read as follows:
(D) CLASS D licenses, which shall duplicate class C licenses in all regards except
that beer and/or wine only shall be served. It shall be unlawful for any person
licensed hereunder to sell “alcoholic liquor” at a “bar,” as defined in Section 3-5-1
of this Chapter, except to persons attending a reception or party not open to the
public. The applicants for the renewal only of such licenses may elect to pay the
amount required herein semiannually or annually. Such election shall be made at
the time of application.
The annual single payment fee for initial issuance or renewal of such license
shall be $1,800.00.
The total fee required hereunder for renewal applicants electing to make
semiannual payments, payable pursuant to the provisions of Section 3-5-7 of this
Chapter, shall be $1,890.00.
No more than twenty-four (24) twenty-three (23) such licenses shall be in force at
any one 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
Page 268 of 454
14-O-12
~2~
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
Page 269 of 454
For City Council meeting of February 27, 2012 Item A13
Ordinance 15-O-12: Increasing Class D Liquor Licenses
For Introduction
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: W. Grant Farrar, Corporation Counsel
Wendy McCambridge, Administrative Adjudication Manager
Subject: Ordinance 15-O-12, Increasing the Number of Class D Liquor Licenses to
permit issuance to Creperie Saint Germain, Inc.
Date: February 8, 2012
Recommended Action:
The Local Liquor Commissioner recommends adoption of Ordinance 15-O-12.
Funding Source:
N/A
Summary:
Ordinance 15-O-12 amends Subsection 3-5-6-(D) of the Evanston City Code of 1979,
as amended, to increase the number of Class D liquor licenses from 23 to 24 to permit
issuance to Creperie Saint Germain, 1512 Sherman Avenue.
Creperie Saint Germain owner Pascal Berthoumieux completed the application for a
Class D liquor license and provided proof of Surety Bond and Liquor Liability Insurance.
Owner Pascal Berthoumieux and manager Rebecca Gatzke successfully completed
BASSET Training, and background checks of both individuals revealed no criminal
records. The City has received payment of the annual Class D liquor license application
fee.
Legislative History:
On January 25, 2012, the Liquor Control Review Board met and voted to recommend
an increase in the number of Class D liquor licenses to permit issuance to Creperie
Saint Germain.
Attachments:
Ordinance 15-O-12
Minutes of January 25, 2012 meeting of the Liquor Control Review Board
Memorandum
Page 270 of 454
1/30/2012
15-O-12
AN ORDINANCE
Amending Subsection 3-5-6-(D) of the City Code
to Increase the Number of Class D Liquor Licenses
from Twenty-Three to Twenty-Four
(Creperie Saint Germain, Inc., 1512 Sherman Ave.)
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Subsection 3-5-6-(D) of the Evanston City Code of 1979, as
amended, is hereby further amended by increasing the number of Class D liquor
licenses from twenty-three (23) to twenty-four (24), to read as follows:
(D) CLASS D licenses, which shall duplicate class C licenses in all regards except
that beer and/or wine only shall be served. It shall be unlawful for any person
licensed hereunder to sell “alcoholic liquor” at a “bar,” as defined in Section 3-5-1
of this Chapter, except to persons attending a reception or party not open to the
public. The applicants for the renewal only of such licenses may elect to pay the
amount required herein semiannually or annually. Such election shall be made at
the time of application.
The annual single payment fee for initial issuance or renewal of such license
shall be $1,800.00.
The total fee required hereunder for renewal applicants electing to make
semiannual payments, payable pursuant to the provisions of Section 3-5-7 of this
Chapter, shall be $1,890.00.
No more than twenty-three (23) twenty-four (24) such licenses shall be in force at
any one 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
Page 271 of 454
15-O-12
~2~
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
Page 272 of 454
FINAL
Page 1 of 3
Liquor Control Board
MEETING MINUTES
Liquor Control Board
Wednesday, January 25, 2012
2:00 p.m.
Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750
Members Present: Marion Macbeth, Byron Wilson, Patrick Hughes, Richard Peach and
Elizabeth Tisdahl
Members Absent: None
Staff Present: W. Grant Farrar, Wendy McCambridge and Johanna Nyden.
Others Present: Ted Mavrakis (World of Beer), Carol Mavrakis (World of Beer), Chris
Giotakis (World of Beer, Area Developer), Wendy Cheng (Todoroki Sushi and Grill),
Paul Hletko (Few Spirits), Josh Gilbert (prospective craft brewery owner), Pascal
Berthoumieux (Creperie Saint Germain), Bill Smith (Evanston NOW), 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 2:00 p.m.
All attendees introduced themselves and roles related to the meeting.
NEW BUSINESS
World of Beer
Evanston Pub, Inc doing business as World of Beer, 1601 Sherman Avenue, Evanston,
IL 60201 owner, Ted Mavrakis was present.
Local Liquor Control Commissioner asked Mr. Mavrakis the reason for this meeting. Mr.
Mavrakis explained that he is interested in opening a franchise location of a beer centric
establishment. Dick Peach, a member of the board, noted there were no food items on
the menu. W. Grant Farrar, Corporation Counsel for the City of Evanston, asked Mr.
Mavrakis if an alternate provision was to be made for the availability of food at the
establishment. Mr. Mavrakis stated that World of Beer would display carry-out menus of
a few local restaurants agreeing to partner with the new venture to provide food to the
patrons, Giordano’s, etc. Chris Giotakis, Area Developer for World of Beer, stated
according to corporate headquarters the restaurants who have partnered with other
World of Beer locations have experienced an increase in carry-out of up to 25-30% as a
result of the relationship. Mr. Peach raised the concern that the liquor ordinance
requires the availability of food if liquor is provided. Mr. Farrar suggested, if approval of
the liquor license is recommended, for the owner, Mr. Mavrakis, to present at the City
Council meeting written documentation or proof of agreements with local businesses
that will provide food for World of Beer patrons to satisfy the
Page 273 of 454
FINAL
Page 2 of 3
Liquor Control Board
The Local Liquor Control Commissioner asked the members if there were any additional
concerns over Mr. Mavrakis’ request. No concerns were voiced. The board
recommends issuing a Class B Liquor License to be introduced at the City Council
meeting on February 13 or February 27, 2012.
Todoroki
Todoroki, LLC doing business as Todoroki Sushi and Grill, 524-526 Davis Street, 1st
Floor, Evanston, IL 60201 owner Wendy Cheng.
Local Liquor Control Commissioner asked the reason for this meeting. Ms. Cheng
replied that she recently opened a new hibachi and sushi restaurant. Todoroki is the
only hibachi restaurant within twelve miles of the location. Ms. Cheng explained she is
interested in adding beer and wine to the menu. The beer offering will be primarily
Asian beer and the restaurant has partnered with Vinic Wine for wine offerings.
The Local Liquor Control Commissioner asked the members if there were any concerns
over Ms. Cheng’s request. No concerns were voiced by the board members. The
board recommends issuing a Class D Liquor License to be introduced at the City
Council meeting on either February 13 or February 27, 2012.
Ammendment to Class “P” Liquor License
Paul Hlteko, owner of Few Spirits, attended the meeting to request the City of Evanston
Ordinance to increase the maximum volume of distilled liquors in the Class “P” Liquor
License from 5,000 gallons to 15,000 gallons to match the recent changes to the Illinois
Liquor Control Act of 1934 (235 ILCS 5/5-1).
The Local Liquor Control Commissioner asked the members if there were any concerns
over Mr. Hletko’s request. No concerns were voiced. The board recommends the
amendment to the Class “P” Liquor License to be introduced at the City Council meeting
on February 13, 2012.
Craft Brewery Liquor License Class
Josh Gilbert, prospective owner of an Evanston based Craft Brewery, attended the
meeting to propose a liquor license class to allow for a craft brewery and a tap room
within the City of Evanston. Currently, there is not a liquor class that meets his
business model. This would be the first craft brewery in Evanston. No location for the
prospective business has been selected and no application pending as of this meeting.
The Local Liquor Control Commissioner asked the members if there were any concerns
over Mr. Gilbert’s request. No concerns were voiced. Mr. Farrar asked Mr. Gilbert to
get in contact with the Law Department to discuss in detail his business plan to draft an
ordinance to create a liquor license class to meet his prospective business need. The
board recommends the amendment to the new class to be introduced at a future City
Council meeting. The meeting date is to be determined.
Creperie Saint Germain
Creperie Saint Germain, Inc. doing business as Creparie Saint Germain, 1512
Sherman, Evanston, IL 60201 owner, Pascal Berthoumieux.
Page 274 of 454
FINAL
Page 3 of 3
Liquor Control Board
Local Liquor Control Commissioner asked the reason for this meeting. Mr.
Berthoumieux stated he is interested in opening an additional restaurant in Evanston
(he also owns Bistro Bordeaux). The new restaurant would be French featuring crepes
with a selection of beer and wine to be available to the patrons.
The Local Liquor Control Commissioner asked the members if there were any concerns
over Mr. Berthoumieux’s request. No concerns were voiced. The board recommends
issuing a Class D Liquor License to be introduced at the City Council meeting on either
February 13 or February 27, 2012.
ADJOURNMENT
The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth
Tisdahl/Mayor at 2:28 p.m., January 25, 2012.
Respectfully Submitted,
Wendy McCambridge
Administrative Adjudication/Liquor Licensing Manager, Legal Department
Page 275 of 454
For City Council meeting of February 27, 2012 Item A14
Ordinance 16-O-12: Increasing Class D Liquor Licenses
For Introduction
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: W. Grant Farrar, Corporation Counsel
Wendy McCambridge, Administrative Adjudication Manager
Subject: Ordinance 16-O-12, Increasing the Number of Class D Liquor Licenses to
permit issuance to Todoroki, LLC.
Date: February 8, 2012
Recommended Action:
The Local Liquor Commissioner recommends adoption of Ordinance 16-O-12.
Funding Source:
N/A
Summary:
Ordinance 16-O-12 amends Subsection 3-5-6-(D) of the Evanston City Code of 1979,
as amended, to increase the number of Class D liquor licenses from 24 to 25 to permit
issuance to Todoroki, 524-526 Davis St., First Floor.
Todoroki owner Wendy Cheng completed the application for a Class D liquor license
and provided proof of Surety Bond and Liquor Liability Insurance. Staff has requested
from the owner proof of successful BASSETT training, and a background check of Ms.
Cheng revealed no criminal record. The City has received payment of the annual Class
D liquor license application fee.
Legislative History:
On January 25, 2012, the Liquor Control Review Board met and voted to recommend
an increase in the number of Class D liquor licenses to permit issuance to Todoroki.
Attachments:
Ordinance 16-O-12
Please see Agenda Item A13 for Minutes of January 25, 2012 meeting of the Liquor
Control Review Board
Memorandum
Page 276 of 454
1/30/2012
16-O-12
AN ORDINANCE
Amending Subsection 3-5-6-(D) of the City Code
to Increase the Number of Class D Liquor Licenses
from Twenty-Four to Twenty-Five
(Todoroki, LLC, 524-526 Davis St., 1st Floor)
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Subsection 3-5-6-(D) of the Evanston City Code of 1979, as
amended, is hereby further amended by increasing the number of Class D liquor
licenses from twenty-four (24) to twenty-five (25), to read as follows:
(D) CLASS D licenses, which shall duplicate class C licenses in all regards except
that beer and/or wine only shall be served. It shall be unlawful for any person
licensed hereunder to sell “alcoholic liquor” at a “bar,” as defined in Section 3-5-1
of this Chapter, except to persons attending a reception or party not open to the
public. The applicants for the renewal only of such licenses may elect to pay the
amount required herein semiannually or annually. Such election shall be made at
the time of application.
The annual single payment fee for initial issuance or renewal of such license
shall be $1,800.00.
The total fee required hereunder for renewal applicants electing to make
semiannual payments, payable pursuant to the provisions of Section 3-5-7 of this
Chapter, shall be $1,890.00.
No more than twenty-four (24) twenty-five (25) such licenses shall be in force at
any one 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
Page 277 of 454
16-O-12
~2~
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
Page 278 of 454
For City Council meeting of February 27, 2012 Item A15
Ordinance 18-O-12: Decreasing Number of Class B Liquor Licenses
For Introduction
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: W. Grant Farrar, Corporation Counsel
Wendy McCambridge, Administrative Adjudication Manager
Subject: Ordinance 18-O-12, Decreasing the Number of Class B Liquor Licenses
due to closure of Merle’s Smokehouse
Date: February 8, 2012
Recommended Action:
Staff recommends adoption of Ordinance 18-O-12.
Funding Source:
N/A
Summary:
Ordinance 18-O-12 amends Subsection 3-5-6-(B) of the Evanston City Code of 1979
(“City Code”), as amended, to decrease the number of Class B liquor licenses from 17
to 16 due to the closure of Merle’s Smokehouse, 1727 Benson Avenue. This
“housekeeping” ordinance amends the City Code to reflect withdrawal of the Class B
license issued to Merle’s Smokehouse.
Legislative History:
N/A
Attachments:
Ordinance 18-O-12
Memorandum
Page 279 of 454
2/7/2012
18-O-12
AN ORDINANCE
Amending City Code Subsection 3-5-6-(B)
to Decrease the Number of Class B Liquor Licenses
from Seventeen to Sixteen
(Closure – Merle’s Smokehouse 1727 Benson Avenue)
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Section 3-5-6-(B) of the Evanston City Code of 1979, as
amended, is hereby further amended by decreasing the number of Class B liquor
licenses from seventeen (17) to sixteen (16), to read as follows:
3-5-6-(B): CLASS B licenses, which shall authorize the sale on the premises
specified of alcoholic liquor only for consumption on the premises while food is
available. Such licenses may be issued only to hotels or restaurants in the core area.
Establishments holding Class B licenses must have some food service available when
alcoholic liquor is being sold. The meanings of “hotel,” “restaurant,” and “core area”
shall be as defined in Section 3-5-1 of this Chapter. The applicant for the renewal only
of such licenses may elect to pay the amount herein semiannually. Such election shall
be made at the time of application.
The annual single payment fee for initial issuance or renewal of such license shall be
four thousand three hundred dollars ($4,300.00).
The total fee required hereunder for renewal applicants electing to make semiannual
payments, payable pursuant to the provisions of Section 3-5-7 of this Chapter, shall be
four thousand five hundred fifteen dollars ($4,515.00).
No more than seventeen (17) sixteen (16) such licenses shall be in force at
any one 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
Page 280 of 454
18-O-12
~2~
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
Page 281 of 454
For City Council meeting of February 27, 2012 Item A16
Ordinance 23-O-12: Increasing the Number of Class B Liquor Licenses
For Introduction
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: W. Grant Farrar, Corporation Counsel
Wendy McCambridge, Administrative Adjudication Manager
Subject: Ordinance 23-O-12, Increasing the Number of Class B Liquor Licenses to
permit issuance to Evanston Pub, Inc.
Date: February 8, 2012
Recommended Action:
The Local Liquor Commissioner recommends adoption of Ordinance 23-O-12.
Funding Source:
N/A
Summary:
Ordinance 23-O-12 amends Subsection 3-5-6-(B) of the Evanston City Code of 1979,
as amended, to increase the number of Class B liquor licenses from 16 to 17 to permit
issuance to Evanston Pub, Inc., d/b/a World of Beer, 1601 Sherman Avenue.
Owner Ted Mavrakis completed the application for a Class B liquor license and
provided proof of Surety Bond and Liquor Liability Insurance. Ted Mavrakis and
managers Gabriela Iacob and Theodore Pirpiris successfully completed BASSET
training, and background checks of all three revealed no criminal records. The City has
received payment of the annual Class B liquor license application fee.
Legislative History:
On January 25, 2012, the Liquor Control Review Board met and voted to recommend
an increase in the number of Class B liquor licenses to permit issuance to World of
Beer.
Attachments:
Ordinance 23-O-12
Please see agenda item A13 for Minutes of January 25, 2012 meeting of the Liquor
Control Review Board
Memorandum
Page 282 of 454
1/30/2012
23-O-12
AN ORDINANCE
Amending City Code Subsection 3-5-6-(B)
to Increase the Number of Class B Liquor Licenses
from Sixteen to Seventeen
(Evanston Pub, Inc., d/b/a “World of Beer”, 1601 Sherman Avenue)
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Section 3-5-6-(B) of the Evanston City Code of 1979, as
amended, is hereby further amended by increasing the number of Class B liquor
licenses from sixteen (16) to seventeen (17), to read as follows:
3-5-6-(B): CLASS B licenses, which shall authorize the sale on the premises
specified of alcoholic liquor only for consumption on the premises while food is
available. Such licenses may be issued only to hotels or restaurants in the core area.
Establishments holding Class B licenses must have some food service available when
alcoholic liquor is being sold. The meanings of “hotel,” “restaurant,” and “core area”
shall be as defined in Section 3-5-1 of this Chapter. The applicant for the renewal only
of such licenses may elect to pay the amount herein semiannually. Such election shall
be made at the time of application.
The annual single payment fee for initial issuance or renewal of such license shall be
four thousand three hundred dollars ($4,300.00).
The total fee required hereunder for renewal applicants electing to make semiannual
payments, payable pursuant to the provisions of Section 3-5-7 of this Chapter, shall be
four thousand five hundred fifteen dollars ($4,515.00).
No more than sixteen (16) seventeen (17) such licenses shall be in force at
any one 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
Page 283 of 454
23-O-12
~2~
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
Page 284 of 454
For City Council Meeting of February 27, 2012 Item A17
Ordinance 20-O-12: Amending Title 10 Residential Parking District A on Benson
For Introduction
To: Honorable Mayor and Members of the City Council
Members of the Administration & Public Works Committee
From: Martin Lyons, Chief Financial Office
Rickey A. Voss, Parking/Revenue Manager
Subject: Ordinance 20-O-12 Amending Title 10, Motor Vehicles and Traffic,
Chapter 11, to Exempt Residents of Parking District A from the Two-Hour
Parking Restriction on Benson Avenue, East Side, University Place to
Emerson Street
Date: February 2, 2012
Recommended Action:
The Transportation/Parking Committee and staff recommend adoption of Ordinance 20-
O-12 amending City Code Section 10-11-10, Schedule X-(F)-6; “Residential Exemption
Parking District A” to exempt residents of Residential Parking District ‘A’, from the Two-
Hour parking restriction on Benson Avenue, East Side, University Place to Emerson
Street.
Summary:
At the December 14, 2011 meeting of the Transportation/Parking Committee, Paul
Schneider, former City Engineer, informed the Committee that a crosswalk was created
on Emerson Street, east of Benson Avenue, intersecting with the entrance to the west
alley of 1900 Sherman Avenue, providing residents of 1856 Sherman Avenue a safe
pedestrian crossing to access their remote parking lot located in the west alley of the
1900 block of Sherman north of Emerson Street. In order to comply with state statute,
625 ILCS 5/11-1303(a)2c, which prohibits parking a vehicle within twenty (20) feet of a
crosswalk at an intersection, two (2) parking spaces were removed from the south side
of Emerson Street east of Benson Avenue in Residential Parking District ‘A’.
To replace the loss of parking spaces on Emerson Street, staff recommended that
Residential Parking District ‘A’ be extended to include Benson Avenue, east side,
University Place to Emerson Street. The move would result in a net gain of two (2)
additional parking spaces, and exempt Residential Parking District ‘A’ Permit holders
from the two hour parking restriction at that location. Staff was directed to notify
residents of the recommended changes and report back on January 25, 2012. The
Transportation/Parking Committee recommended approval at the January 25, 2012
meeting.
Attachment:
Copy of Ordinance 20-O-12
Memorandum
Page 285 of 454
2/2/2012
20-O-12
AN ORDINANCE
Amending City Code Section 10-11-10, Schedule X-(F)-6,
“Residential Exemption Parking District A,”
to Exempt Residents of Residential Parking District A from
the Two-Hour Parking Restriction Thereon
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Section 10-11-10, Schedule X-(F)-6, “Residential
Exemption Parking District A,” of the Evanston City Code of 1979, as amended, is
hereby further amended by adding the following:
Benson Avenue East side, University Place to Emerson Street
SECTION 2: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 3: All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 4: This Ordinance 20-O-12 shall be in full force and effect
from and after its passage, approval, and publication in the manner provided by law.
SECTION 5: If any provision of this Ordinance 20-O-12 or application
thereof to any person or circumstance is held unconstitutional or otherwise invalid, such
invalidity shall not affect other provisions or applications of this Ordinance 20-O-12 that
can be given effect without the invalid application or provision, and each invalid
application of this Ordinance 20-O-12 is severable.
Page 286 of 454
20-O-12
~2~
Introduced: _________________, 2012
Adopted: ___________________, 2012
Approved:
__________________________, 2012
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_______________________________
Rodney Greene, City Clerk
Approved as to form:
______________________________
W. Grant Farrar, Corporation Counsel
Page 287 of 454
For City Council meeting of February 27, 2012 Item A18
Ordinance 21-O-12: One-Way Street Eastwood - Lincoln to Alley South of Central
For Introduction and Action
To: Honorable Mayor and Members of the City Council
Members of the Administration & Public Works Committee
From: Suzette Robinson, Director of Public Works
Rajeev Dahal, Senior Traffic Engineer
Subject: Ordinance 21-O-12 Amending the City Code to Allow Two-Way Traffic on
Eastwood Avenue from Central Street to the First Alley to the South
Date: February 13, 2012
Recommended Action:
Staff recommends the adoption of the proposed ordinance 21-O-12 by which the City
Council would amend Section 10-11-4 (A), Schedule IV (A) of the City Code to allow
two-way traffic on Eastwood Avenue from Central Street to the first alley to the south.
Request suspension of the Rules for Introduction and Action at the February 27, 2012
City Council meeting.
Funding Source:
The traffic control signs will be funded by the1700-1722 Central Street development.
Summary:
The planned development of 1700-1722 Central Street was approved by the City
Council on October 10, 2011. As part of the approval process, the developer requested
the City consider converting Eastwood Avenue from a one-way northbound street to a
two-way street from Central Street to the first east-west alley to the south. Staff
reviewed the proposal and recommended approval of the request. Allowing two-way
traffic, as recommended, will allow better circulation and ease of access to the proposed
planned development. Further, the site-generated traffic can avoid the busy intersection
of Central Street and Poplar Avenue. Drivers can also avoid accessing Eastwood
Avenue from Lincoln Street, which gets congested during Saint Athanasius’s School’s
drop-off and pick-up hours. Additionally, construction traffic will not have to use the
neighborhood streets and minimize the use of the east-west alley adjacent to the site.
As part of the development, the east-west alley will be widened from 14.5 feet to 19.5
feet, which will allow for better flow of traffic. Do-Not-Enter signs will be posted on
Eastwood Avenue just south of the east-west alley and other necessary traffic control
signs will be posted as well.
Attachment:
Ordinance 21-O-12
Memorandum
Page 288 of 454
2/7/2012
22221111----OOOO----12121212
AN ORDINANCEAN ORDINANCEAN ORDINANCEAN ORDINANCE
Amending City Code Section 10-11-4-(A), Schedule IV(A),
“One-Way Streets,” to Make Eastwood Avenue Two-Way
From Central Street to the First Alley South of Central Street
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Section 10-11-4-(A), Schedule IV(A), “One-Way Streets,” of the
Evanston City Code, 1979, as amended, is hereby further amended by revising the portion
thereof that applies to Eastwood Avenue to read as follows:
Street Direction of Traffic Movement
Eastwood Avenue – Lincoln Street to first alley south of
Central Street
North Only
SECTION 2: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as provided by
the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: This Ordinance 21-O-12 shall be in full force and effect from
and after its passage, approval, and publication in the manner provided by law.
SECTION 5: If any provision of this Ordinance 21-O-12 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 21-O-12 that can be given
effect without the invalid application or provision, and each invalid provision or invalid
application of this Ordinance 21-O-12 is severable.
Page 289 of 454
21-O-12
~2~
Introduced: _________________, 2012
Adopted: ___________________, 2012
Approved:
__________________________, 2012
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_______________________________
Rodney Greene, City Clerk
Approved as to form:
______________________________
W. Grant Farrar, Corporation Counsel
Page 290 of 454
Page 291 of 454
For City Council meeting of February 27, 2012 Item A19
Ordinance 22-O-12: Parking Prohibition on West Side of Eastwood Avenue
For Introduction and Action
To: Honorable Mayor and Members of the City Council
Members of the Administration & Public Works Committee
From: Suzette Robinson, Director of Public Works
Rajeev Dahal, Senior Traffic Engineer
Subject: Ordinance 22-O-12 Amending the City Code to Prohibit Parking on the
West Side of Eastwood Avenue from Central Street to the First Alley to the
South
Date: February 13, 2012
Recommended Action:
Staff recommends the adoption of the proposed ordinance 22-O-12 by which the City
Council would amend Section 10-11-8 (A), Schedule VIII (A) of the City Code to prohibit
parking at all times on the west side of Eastwood Avenue from Central Street to the first
alley to the south. Request suspension of the Rules for Introduction and Action at the
February 27, 2012 City Council meeting.
Funding Source:
The installation of No Parking signs will be funded by the 1700-1722 Central Street
development.
Summary:
The planned development of 1700-1722 Central Street was approved by the City
Council on October 10, 2011. The access drive to the building and the loading dock
drive are from Eastwood Avenue. Currently, approximately five vehicles can park
between the alley and Central Street. To accommodate the driveways and to provide a
proper line of sight, four spaces will be lost due to the parking restriction. The remaining
space needs to be restricted to allow for better two-way traffic flow as proposed under
Ordinance 21-O-12.
Attachment:
Ordinance 22-O-12
Memorandum
Page 292 of 454
2/7/2012
22-O-12
AN ORDINANCE
Amending City Code Subsection 10-11-8-(A), Schedule VIII(A),
“Parking Prohibited at All Times” to Prohibit Parking
on the West Side of Eastwood Avenue from
Central Street to the First Alley South of Central Street
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Subsection 10-11-8-(A), Schedule VIII(A), “Parking Prohibited at
All Times,” of the Evanston City Code, 1979, as amended, is hereby further amended by
adding the following:
Eastwood Avenue West Side, Central Street south to the first alley south thereof
SECTION 2: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as provided by
the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: This Ordinance 22-O-12 shall be in full force and effect from
and after its passage, approval, and publication in the manner provided by law.
SECTION 5: If any provision of this Ordinance 22-O-12 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 22-O-12 that can be given
effect without the invalid application or provision, and each invalid provision or invalid
application of this Ordinance 22-O-12 is severable.
Page 293 of 454
22-O-12
~2~
Introduced: _________________, 2012
Adopted: ___________________, 2012
Approved:
__________________________, 2012
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_______________________________
Rodney Greene, City Clerk
Approved as to form:
______________________________
W. Grant Farrar, Corporation Counsel
Page 294 of 454
For City Council meeting of February 27, 2012 Item A20
Ordinance 13-O-12: Amending Class P Liquor License
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: W. Grant Farrar, Corporation Counsel
Wendy McCambridge, Administrative Adjudication Manager
Subject: Approval of Ordinance 13-O-12, Amending Class P Liquor License
Date: February 1, 2012
Recommended Action:
Local Liquor Commissioner recommends City Council adoption of Ordinance 13-O-12.
This ordinance was introduced at the February 13, 2012 City Council meeting.
Summary:
The Class P liquor license is the craft distillery license. If adopted, Ordinance 13-O-12
will amend the Class P liquor license by increasing the quantity of alcohol permitted for
on-site production and storage to 15,000 gallons per year, as now permitted by state
law. Under the current Class P liquor license classification, a licensee is authorized for
on-site production and storage of alcohol in quantities not to exceed 5,000 gallons per
year. That maximum was consistent with the 5,000 gallon per year production and
storage maximum for craft distilleries that was part of the Illinois Liquor Control Act of
1934, as amended, 235 ILCS 5/1-1 et seq., until August 2011. In 2011 the Illinois
General Assembly adopted Public Act 097-0455, amending the state craft distiller
classification, 625 ILCS 5/5-1(a) Class 9, by increasing the amount of alcohol a craft
distiller is authorized to manufacture and store to 15,000 gallons per year. The new
15,000 gallon per year limit took effect August 19, 2011.
On January 25, 2012, the owner of Evanston’s Few Spirits, Paul Hletko, presented to
the Liquor Control Board a request that the Class P license be amended to authorize
15,000 gallons per year in on-site alcohol production and storage as now permitted by
the Illinois Liquor Control Act. The Liquor Control Board did not raise any concerns,
and recommended amendment of the Class P liquor license.
Attachment:
Ordinance 13-O-12
Please see agenda item A13 for Minutes of the January 25, 2012 meeting of the Liquor
Control Review Board
Memorandum
Page 295 of 454
1/26/2012
13-O-12
AN ORDINANCE
Amending City Code Section 3-5-6-(P), “Classification & License Fees”
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: Subsection 3-5-6-(P) of the Evanston City Code of 1979, as
amended, is hereby further amended to read as follows:
(P) CRAFT DISTILLERY licenses, which shall authorize the on-site production and
storage of alcohol in quantities not to exceed five fifteen thousand (5,000 15,000)
gallons per year, the sale of such alcohol to persons of at least twenty-one (21)
years of age for consumption off-premises, and on-site sampling of such alcohol.
Sales of alcohol manufactured outside the facility are prohibited. Such craft
distillery licenses shall be issued subject to the following conditions:
1. It shall be unlawful for a class P licensee to sell a container of alcohol for
off-premises consumption unless the container is greater than or equal to
three hundred seventy-five milliliters (375 ml) in volume.
2. Class P licensees may, during authorized hours of business, offer
samples of the alcohol permitted to be produced and sold pursuant to this
classification. Licensees shall not provide more than three (3) free
samples, each of which shall not exceed one-quarter fluid ounce (0.25
fl.oz.), to any person in a day. Licensees may sell samples, but the
volume of any sample sold shall not exceed one fluid ounce (1 fl.oz.) and
the total volume of all samples sold to a person in a day shall not exceed
two and one-half fluid ounces (2.5 fluid oz.). Licensees shall not provide
and/or sell more than two and one-half fluid ounces (2.5 fluid oz.) of
samples to any person in a day. Class P licensees must have at least one
(1) BASSET-certified site manager on premises whenever offering
samples of alcohol. Class P licensees must provide food service when
offering samples of alcohol.
3. It shall be unlawful for the holder of a class P license to provide a sample
of or sell any alcohol before the hour of ten o'clock (10:00) A.M. or after
the hour of ten o'clock (10:00) P.M. on any Monday, Tuesday,
Wednesday, or 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
Page 296 of 454
13-O-12
~2~
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. Every class P licensee must have a valid craft distiller license from the
state of Illinois.
5. Every employee of a class P licensee who participates in the production of
alcohol, pursuant to this license class, must be BASSET-certified.
The annual single payment fee for initial issuance or renewal of such license
shall be $1,800.00.
The total fee required hereunder for renewal applicants electing to make
semiannual payments, payable pursuant to the provisions of Section 3-5-7 of this
Chapter, shall be $1,890.00.
No more than one (1) such licenses shall be in force at any one time.
SECTION 2: This Ordinance 13-O-12 shall be in full force and effect from
and after its passage, approval, and publication in the manner provided by law.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: If any provision of this Ordinance 13-O-12 or application
thereof to any person or circumstance is ruled unconstitutional or otherwise invalid,
such invalidity shall not affect other provisions or applications of this Ordinance that can
be given effect without the invalid application or provision, and each invalid provision or
invalid application of this Ordinance is severable.
SECTION 5: The findings and recitals herein are declared to be prima
facie evidence of the law of the City and shall be received in evidence as provided by
the Illinois Compiled Statutes and the courts of the State of Illinois.
Page 297 of 454
13-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
Page 298 of 454
For Administration and Public Works meeting of February 27, 2012 Item APW1
Pilot Bike Corral at Evanston Athletic Club - Benson Avenue
For Discussion
To: Members of the Administration & Public Works Committee
From: Suzette Robinson, Director of Public Works
Rajeev Dahal, Senior Traffic Engineer
Subject: Pilot Bike Corral Evanston Athletic Club – Benson Avenue
Date: February 16, 2012
Recommended Action:
Staff recommends the approval of a pilot bike corral on the east side of Benson Avenue
in front of the Evanston Athletic Club (EAC). Two metered parking spaces would be
converted to a corral with 6 to 7 bike racks that can accommodate 12 to 14 bikes.
Funding Source:
The pilot bike corral and bike racks would be funded by the General Fund streets
material account 2670-65055 in an amount not to exceed $3,000.
Summary:
Staff presented the concept plan to the Transportation & Parking Committee on July 27,
2011and was asked to consider alternatives to the bike corral. Staff installed additional
bike racks at the south-east corner of Benson Avenue and Clark Street. In addition,
signs were posted advising bikers to park their bikes on racks at the intersection
corners. Staff observed the newly installed bike rack in use, but also noticed that bikes
continued to be attached to the trees, meters and posts immediately in front of EAC.
Since bicyclists prefer to 1) park their bikes in front of this facility; 2) the facility
generates a large number of visitors; 3) the width of the sidewalk is too narrow to
accommodate sidewalk bike racks, staff believes that this is an ideal location to study
the bike corral concept. Staff has discussed the proposal with the Manager of the EAC
and has received a favorable response. Therefore, staff recommends the approval of
the pilot bike corral in front of the Evanston Athletic Club.
Memorandum
Page 299 of 454
In addition, the Environment Board has prepared the attached report identifying several
potential locations for bike corrals. At this time, staff is recommending the Evanston
Athletic Club location to fully observe usage patterns and to complete the design of the
Church Street Streetscape Project, which will include the installation of new bike racks.
Due to the limited space available, the bike parking space will be corralled with parking
blocks adjacent to the parking spaces and tubular posts installed at the street opening
for better visibility and identification. The photo provided below presents an example of
what a bike corral looks like. If approved, the bike corral will be installed by April 1,
2012. Staff will prepare a follow –up report to City Council after three months of
observation.
Attachment:
Environment Board Report
Pilot Location Aerial Photo
Page 300 of 454
Bike Corral Demonstration Project:
a Proposal for Downtown Evanston
The City of Evanston has undertaken multiple complementary planning initiatives in recent
years to improve the quality of life of its residents, improve the business climate, and promote
environmental sustainability. Evanston is known as a livable city that embraces policy
innovation and is a national leader in areas related to planning and transit-oriented
development.
This proposal seeks to build on that reputation by proposing a demonstration project to
improve the bicycle infrastructure in Downtown Evanston by constructing an on-street bike
corral.
A bike corral involves swapping a single on-street car space for bike parking. Bike corrals are
low-cost and low-impact street modifications that can improve the visibility of bike
infrastructure, improve pedestrian safety on Downtown sidewalks, and help to encourage
bicycling as a convenient and viable mode of transportation.
Bike corrals are being deployed in cities throughout North America like San Francisco,
Portland, Oregon, Northampton, Massachusetts, and Salt Lake City. They have been popular
with residents, businesses and visitors.
Downtown Evanston is well-suited for bike corrals. Several plans adopted by the City Council
in recent years discuss the need to improve the Downtown bike parking infrastructure. The
Multi-Modal Transportation plan notes that there is a surplus of automobile parking Downtown
and encourages both increasing the supply of bike parking and creating incentives for no-
emission vehicles. The Downtown Plan notes a limited supply of bike racks and envisions
enhancements in bike and pedestrian mobility. The Evanston Climate Action Plan also calls
for more bike parking in the Downtown district.
The City has been proactive in installing bike racks in recent years—both Downtown and
throughout the city. A bike corral project will be further evidence of the City's commitment to
improving bicycle infrastructure.
Bike corrals also have ancillary benefits that will improve Downtown. First and foremost, on-
street bike parking will likely result in safer sidewalks for pedestrians. On-street bike parking
will provide cyclists a place other than the sidewalk for bike parking, reducing conflict between
cyclists and pedestrians and making Downtown streets more walkable and pleasant. The
prominent spectacle of the bike corral will serve to remind Downtown visitors that bike parking
is available and attractive, making people realize that biking is a sensible transportation option
for Downtown trips. More cycling infrastructure will result in less congestion Downtown,
resulting in a cleaner, safer environment for all residents and visitors.
Bike corrals can take many forms. Keeping in mind ongoing streetscape improvements and
branding initiatives led by Downtown Evanston, this proposal seeks to complement the efforts
underway by incorporating planters and inverted-U style bicycle racks.
1
Page 301 of 454
The material cost estimates for the bike corral are as follows: 6 bike racks at $263/each
($1578), 5 concrete planters 48”x18”x20” at $391/each ($1955). Prices for the bike racks
were estimated based on the City's 2010 purchase of Dero bike racks. Prices for concrete
planters were based on P-series model from Commercial Service Supply
(http://www.commercialservicesupply.com). Total material costs: $3533.
Material costs could be likely be reduced if road bollards are substituted for planters. The
latter is common in other cities. The cost estimate listed above does not include installation
or plants and planter upkeep.
Figure One is a conceptual drawing of a bike corral that could be implemented in Evanston.
Figure Two is a more minimalist example from Portland, Oregon and Figure Three is an
example of a public art approach to bike corrals from Long Beach, California.
Figure One
Figure Two
2
Page 302 of 454
Figure Three
Reports from all over the country suggest that bike corrals are successful in providing
convenient parking for cyclists and creating more engaging streetscapes and business
districts.
For this demonstration project, care should be taken to determine the most advantageous
location. Because of their dual advantage of improving sidewalk aesthetics and mobility as
well as providing important cycling support, Evanston's first bike corral should be situated
near businesses that generate significant amounts of traffic and have the greatest potential
for sidewalk and streetscape enhancement. Possible sites are depicted in Figure Four and
could include Benson Avenue between Church and Clark, Maple Avenue between Church
and Clark, Chicago Avenue at Church St., Sherman Avenue between Lake and Grove.
Figure Four
3
Page 303 of 454
Bike corrals are relatively quick to install once the materials and labor power are assembled.
It would be ideal timing to have a bike corral up and running by the week of June 11-17, 2011
when the Active Transportation Alliance sponsors its Bike Commuter Challenge. This annual
event generates significant media attention and would be a good time for the city to introduce
its innovative concept to Evanston residents.
For more information, please contact Hugh Bartling, Associate Professor, Public Policy
Studies, DePaul University, 773-325-4960, hbartlin@depaul.edu
4
Page 304 of 454
Pilot Bike Corral Location
DISCLAIMER: This map and data are provided as-in without warranties of any kind.
See www.cityofevanston.org/mapdisclaimers.html for more information
Scale 1:1,444
Made with Evanston's GIS
Printed: Jul 21, 2011 4:43:39 PMPage 305 of 454
For Administration & Public Works meeting of February 27, 2012 Item APW2
Arrest Booking Fees
For Discussion
To: Members of the Administration and Public Works Committee
From: Richard Eddington, Chief of Police
Subject: Arrest Booking Fees
Date: February 21, 2012
In response to questions raised regarding a proposal that the police department charge
a $30.00 booking fee, staff has researched the following information.
Had such a fee been charged during the past few years it could have garnered revenue
as follows:
Year Booked Charge Total
2009 981 x $30 $29,430
2010 1,205 x $30 $36,150
2011 1,077 x $30 $32,310
The above figures assume that all parties paid the fee owed. In reality many of the
booked arrestees will be disinclined to pay. They know that they will be transported to
the Cook County Courthouse (Skokie), where bond will be set by the judge.
Consequently, they are not motivated to pay the booking fee. If we compare citations
issued with the amount of fines collected for the violations listed below we would expect
to collect less than 50% of the numbers projected above.
# of Tickets Issued % Collected
Lease Law 34 35%
Cell Phone 1,715 81%
Seat Belt 778 73%
Curfew 125 25%
Based upon the foregoing, funds recouped by this endeavor would not justify the
amount of effort required to obtain them. I will be available for the discussion on
February 27, 2011.
Memorandum
Page 306 of 454
PLANNING & DEVELOPMENT COMMITTEE MEETING
Monday, February 27, 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 HOLMES,
CHAIR
II. APPROVAL OF REGULAR MEETING MINUTES OF February 13, 2012
III. ITEMS FOR CONSIDERATION
(P1) Resolution 14-R-12 Approving a Plat of Consolidation for Four Lots Located at
1700-22 Central Street
Staff recommends approval of Resolution 14-R-12, the proposed Plat of
Consolidation of 1700-22 Central Street, which is consistent with the amended
Planned Development for 1700-22 Central Street adopted in September 2012.
For Action
IV. ITEMS FOR DISCUSSION
V. COMMUNICATIONS
VI. ADJOURNMENT
Page 307 of 454
Planning & Development Committee Meeting
Minutes of February 13, 2012
City Council Chambers – 7:15 p.m.
Lorraine H. Morton Civic Center
MEMBERS PRESENT: J. Fiske, D. Holmes, D. Wilson, M. Wynne
MEMBERS ABSENT: A. Rainey
STAFF PRESENT: G. Chen, K. Cox, S. Griffin, D. Marino, B. Newman
PRESIDING OFFICIAL: Ald. Holmes
I. DECLARATION OF QUORUM
A quorum being present, Chair Holmes called the meeting to order at 7:15 p.m.
II. APPROVAL OF THE JANUARY 23, 2012 MEETING MINUTES
Ald. Wynne moved approval of the minutes, seconded by Ald. Fiske.
The minutes of the January 23, 2011 meeting were approved unanimously 4-0.
III. ITEMS FOR CONSIDERATION
(P1) Ordinance 5-O-12 Granting a Special Use for a Type 2 Restaurant at 914 ½
Noyes Street
The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 5-
O-12 granting a special use permit for the operation of a Type 2 Restaurant at 914 ½
Noyes Street. Applicant Dennis Doyle proposes to lease half of the current location
housing Rollin’ In Dough catering service, and open a carry-out and delivery pizza and
Italian ice restaurant, Ice & A Slice.
For Introduction
Chair Holmes called Dennis Doyle, proprietor of the proposed restaurant, to the
podium.
Mr. Doyle explained that the restaurant will provide carryout and delivery and possibly
some catering but no eat-in service. They will serve pizza, possibly salad and Italian
ice. They have no relationship with Rollin’ In Dough other than that they are
subleasing the space from them. He added that Rollin’ In Dough not closing, just
moving to another location.
DRAFT -
NOT APPROVED
Page 308 of 454
Planning & Development Committee Meeting
Minutes of 2-13-12
Page 2 of 2
Ald. Fiske moved to recommend introduction of Ordinance 5-O-12, seconded by
Ald. Wynne.
The Committee voted unanimously 4-0 to recommend introduction of Ordinance
5-O-12.
(P2) Ordinance 19-O-12 Granting a Special Use for a Child Daycare Center at 829
Foster Street
The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 19-
O-12 granting a special use permit for the operation of a child daycare center by Unity
Nursery School at 829 Foster Street.
For Introduction
Ald. Fiske moved approval, seconded by Ald. Wynne.
Katie Martin, proprietor of the nursery school, explained that it is a part time pre-school
open until 1:45 pm, regular school days, and that the new location meets all fire,
safety and DCFS codes, as well as being handicap-accessible. At Ald. Wynne’s
inquiry, she said that perhaps after the first year they will expand by one classroom of
approximately 20 children.
The Committee voted unanimously 4-0 to recommend introduction of Ordinance
19-O-12.
IV. ITEMS FOR DISCUSSION
There were no items for discussion.
V. COMMUNICATIONS
There were no communications.
VI. ADJOURNMENT
The meeting was adjourned at 7:20 p.m.
Respectfully submitted,
Bobbie Newman
Page 309 of 454
For City Council meeting of February 27, 2012 Item P1
Resolution 14-R-12 Approving a Plat of Consolidation for 1700-22 Central Street
For Action
To: Honorable Mayor and Members of the City Council
Planning and Development Committee
From: Steve Griffin, Director of Community and Economic Development Dept.
Dennis Marino, Manager, Planning and Zoning Division
Subject: Resolution 14-R-12 Approving a Plat of Consolidation for Four Lots Located
at 1700-22 Central Street
Date: February 16, 2012
Recommended Action
Staff recommends approval of Resolution 14-R-12 the proposed Plat of Consolidation of
1700-22 Central Street.
Summary
Adoption of Resolution 14-R-12 would approve the consolidation of four lots at 1700-22
Central Street. This proposed consolidation is consistent with the amended Planned
Development for 1700-22 Central Street, adopted in September 2012. The development
team lead by Robert Horne is moving forward to begin development of the approved
project that includes 80 units of housing and retail/commercial space not to exceed
11,250 square feet along Central Street. The development team has submitted a
foundation application to the Department of Community & Economic Development and
anticipates commencing construction in Spring 2012.
Legislative History
Attachments
Resolution 14-R-12
Exhibit B, Plat
Ordinance 80-O-11
Memorandum
Page 310 of 454
2/14/2012
14-R-12
A RESOLUTION
Approving a Plat of Consolidation for
Four Lots Located at 1700-22 Central Street
WHEREAS, pursuant to Subsection 4-13-1-(B) of the Evanston City Code
of 1979, as amended (the “City Code”), the City Council may approve of a plat by
means of a resolution; and
WHEREAS, Eastwood Apartments, LLC (the “Applicant”) seeks approval
of a plat of consolidation of four (4) adjacent lots commonly known as 1700-22 Central
Street, Evanston, Illinois (the “Subject Property”), legally described in Exhibit A, which is
attached hereto and incorporated herein by reference; and
WHEREAS, the City Council hereby finds that the proposed plat complies
with all applicable provisions of Title 4, Chapter 13 of the City Code,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are found as fact and incorporated
herein by reference.
SECTION 2: Pursuant to Title 4, Chapter 13 of the City Code, the City
Council hereby approves the proposed Plat of Consolidation, attached hereto as
Exhibit B and incorporated herein by reference.
SECTION 3: The City Manager and/or his designee(s) is/are hereby
authorized and directed to sign, and the City Clerk hereby authorized and directed to
attest, any documents necessary to implement the terms of this resolution.
Page 311 of 454
14-R-12
~2~
SECTION 4: This resolution shall be in full force and effect from and after
the date of its passage and approval in the manner required by law.
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
______________________________
Rodney Greene, City Clerk
Adopted: __________________, 2012
Page 312 of 454
14-R-12
~3~
EXHIBIT A
Legal Description
PARCEL 1:
LOTS 6, 7, 8, 9 AND 10 IN BLOCK 9 IN NORTH EVANSTON, BEING A SUBDIVISION OF LOTS 11,
12, 13, 14, 15, 16 AND THE W EST 4.3 ACRES OF LOT 17 IN GEORGE SMITH’S SUBDIVISION OF
THE SOUTH PART OF THE ARCHANGE QUILMETTE RESERVATION RECORDED IN BOOK 29, PAGE
58 OF MAPS AND ALSO OF LOTS 1, 3 AND THAT PART OF LOT 2, LYING BETWEEN THE CHICAGO
AND MILWAUKEE RAILWAY AND THE W EST LINE OF LOT 3 PRODUCED TO THE NORTH LINE OF
SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, OF
ASSESSOR’S PLAT OF EVANSTON, RECORDED IN BOOK 143, PAGE 45 OF MAPS, ALL IN COOK
COUNTY, ILLINOIS.
PARCEL 2:
LOT 5 IN BLOCK 9 IN NORTH EVANSTON, BEING A SUBDIVISION OF LOTS 11, 12, 13, 14, 15, 16
AND THE W EST 4.3 ACRES OF LOT 17 IN GEORGE SMITH’S SUBDIVISION OF THE SOUTH PART
OF THE ARCHANGE QUILMETTE RESERVATION RECORDED IN BOOK 29, PAGE 58 OF MAPS AND
ALSO OF LOTS 1, 3 AND THAT PART OF LOT 2, LYING BETWEEN THE CHICAGO AND MILWAUKEE
RAILWAY AND THE W EST LINE OF LOT 3 PRODUCED TO THE NORTH LINE OF SECTION 12,
TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, OF ASSESSOR’S
PLAT OF EVANSTON, RECORDED IN BOOK 143, PAGE 45 OF MAPS, ALL IN COOK COUNTY,
ILLINOIS.
COMMONLY KNOWN AS: 1700-22 Central Street, Evanston, Illinois.
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14-R-12
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EXHIBIT B
Plat of Consolidation
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For City Council meeting of February 27, 2012 Item P2
Ordinance 5-O-12 Application for a Special Use for a Type 2 Restaurant at 914 ½
Noyes Street
For Action
To: Honorable Mayor and Members of the City Council
Planning and Development Committee
From: Steve Griffin, Director of Community and Economic Development Dept.
Dennis Marino, Manager, Planning and Zoning Division
Melissa Klotz, Zoning Planner, Planning and Zoning Division
Subject: Ordinance 5-O-12 Granting a Special Use for a Type 2 Restaurant at
914 ½ Noyes Street in the B1 Zoning District (“Ice & a Slice”)
Date: February 16, 2012
Recommended Action
Staff recommends adoption of Ordinance 5-O-12 granting a special use permit for a Type
2 Restaurant (“Ice & a Slice”) at 914 ½ Noyes Street. A minor amendment addressing
truck deliveries is also recommended for approval. This ordinance was introduced at the
February 13, 2012 City Council meeting.
Summary
City Council approved the introduction of Ordinance 5-O-12 on February 13, 2012. A
proposed amendment is included within Condition F on Page 3 of the Ordinance that will
only allow large trucks that cannot enter the alley to make deliveries on Noyes Street.
This is anticipated to be one large truck making one delivery per week. Large trucks
serving other businesses on Noyes Street also make deliveries in this manner. All other
trucks making deliveries that can access the alley will be required to make deliveries to
the rear of the building via the alley. This includes the pizza delivery trucks.
Legislative History
February 13, 2012: City Council approved introduction of 5-O-12
February 7, 2012: The ZBA recommended to the City Council to approve the application
for a special use permit.
Attachments
Ordinance 5-O-12
Staff memo to the ZBA
ZBA Application Packet
February 7, 2012 ZBA Meeting Minutes
ZBA Results
Memorandum
Page 351 of 454
2/13/2012
2/7/2012
5-O-12
AN ORDINANCE
Granting a Special Use Permit for a Type 2 Restaurant
Located at 914½ Noyes Street in the
B1 Business Zoning District (“Ice & A Slice”)
WHEREAS, the Zoning Board of Appeals (“ZBA”) met on February 7,
2012, pursuant to proper notice, to consider case no. 11ZMJV-0078, an application filed
by Dennis Doyle, lessee of the property legally described in Exhibit A, attached hereto
and incorporated herein by reference, commonly known as 914½ Noyes Street (the
“Subject Property”) and located in the B1 Business Zoning District, for a Special Use
Permit to establish, pursuant to Subsection 6-9-2-3 of Title 6 of the Evanston City Code,
1979, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “Ice & A Slice,” on the
Subject Property; and
WHEREAS, the ZBA, after hearing testimony and receiving other evidence,
made a written record and written findings that the application for a Special Use Permit for
a Type 2 Restaurant met the standards for Special Uses in Section 6-3-5 of the Zoning
Ordinance and recommended City Council approval thereof; and
WHEREAS, at its meeting of February 13, 2012, the Planning and
Development Committee of the City Council (“P&D Committee”) considered the ZBA’s
record and findings and recommended the City Council accept the ZBA’s
recommendation and approve the application in case no. 11ZMJV-0078; and
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5-O-12
~2~
WHEREAS, at its meetings of February 13, 2012 and February 27, 2012,
the City Council considered and adopted the respective records, findings, and
recommendations of the ZBA and P&D Committee,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are found as fact and made
a part hereof.
SECTION 2: The City Council hereby approves the Special Use Permit
for a Type 2 Restaurant on the Subject Property as applied for in case no. 11ZMJV-
0078.
SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance,
the City Council hereby imposes the following conditions on the grant of a Special Use
Permit, violation of any of which shall constitute grounds for revocation thereof pursuant
to Subsection 6-3-10-6 of the Zoning Ordinance:
A. Compliance with Applicable Requirements: The Applicant shall develop and
use the Subject Property in substantial compliance with: all applicable legislation;
the Applicant’s testimony and representations to the ZBA, the P&D Committee,
and the City Council; and the approved plans and documents on file in this case.
B. Litter Collection Plan: The Applicant shall implement and adhere to a Litter
Collection Plan that requires the policing of an area located within a radius of two
hundred fifty feet (250’) of the Subject Property. The Applicant shall police this
area at least once every three (3) hours during the hours the Special Use is in
operation and shall keep it free of all litter, from any source. For the purpose of
this ordinance, “litter” shall include, but is not limited to: food, food waste, and
beverages; solid waste, including paper, wrappings, containers, cardboard,
napkins, straws, utensils, plates, cans, glass, crockery, cigarette butts, ashes and
similar materials; animal waste and dead animals; yard clippings and leaves; and
all other waste materials which, if thrown or deposited as herein prohibited, may
create a danger to public health, safety, or welfare.
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5-O-12
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C. Litter Pick-Up Plan: The Applicant and/or the owner of the Subject Property
shall provide and maintain, on the Subject Property, exterior litter receptacles, in
sufficient number and type, and with collections therefrom of sufficient number
and frequency, in the City’s judgment, to contain, with lids tightly shut, all litter
emanating from operation of the Special Use authorized hereby. Litter shall be
collected no less than three (3) times per week, including collections on Sundays
as necessary, in the City’s judgment, to comply with this condition. All litter
receptacles shall be maintained in a clean condition with tight-fitting lids, and
shall be placed on Code-compliant surfaces. The owner of the Subject Property
shall provide adequate space at the rear of and on the Subject Property to
accommodate the litter receptacles and collections required. Within seven (7)
days of written notice from the City to do so, the Applicant and/or the owner of
the Subject Property shall modify the number of litter receptacles and/or the
number of collections therefrom, as directed by the City.
D. Hours of Operation: The Applicant shall not operate the Type 2 Restaurant
authorized by this ordinance between midnight and 6:00 a.m. on any day, except
that the Applicant may continue to offer delivery service between midnight and
1:00 a.m. on any day.
E. Employee Parking: When driving to work at the Type 2 Restaurant authorized
by this ordinance, the Applicant and its employees shall park only in an off-street
parking facility.
F. No Deliveries on Noyes: The Applicant shall not permit any driver making a
delivery to or from the Type 2 Restaurant authorized by this ordinance to occupy
any on-street parking space(s) on Noyes Street unless the alley immediately
south of the Subject Property cannot accommodate the driver’s vehicle.
SECTION 4: When necessary to effectuate the terms, conditions, and
purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns,
and successors in interest.”
SECTION 5: Before it may operate the Special Use authorized by the
terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this
ordinance with the Cook County Recorder of Deeds.
SECTION 6: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
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5-O-12
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SECTION 7: 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 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.
SECTION 9: 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
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5-O-12
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EXHIBIT A
LEGAL DESCRIPTION
THAT PART OF LOT 9, EAST OF THE EAST LINE OF MAPLE AVENUE AND W EST OF THE WEST
LINE OF THE RIGHT OF W AY OF CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD, IN ASSESSOR
DIVISION OF FRACTION SECTION 7, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF
THE NORTH ½ OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF SECTION 7, 191 FT. EAST OF THE
EAST LINE OF MAPLE AVENUE, THENCE NORTH ON A LINE PARALLEL WITH THE EAST LINE OF
MAPLE AVENUE 166 FT., THENCE NORTH ON A LINE PARALLEL WITH THE EAST LINE OF MAPLE
AVENUE 128.09 FT. MORE OR LESS, TO A POINT IN THE SOUTH LINE OF NOYES STREET 175 FT.
EAST OF THE EAST LINE OF MAPLE AVENUE, THENCE EASTERLY ON THE SOUTH LINE OF NOYES
STREET, 60.94 FT. TO THE W EST LINE OF RAILROAD RIGHT OF W AY, THENCE SOUTH ON THE
WEST LINE OF RAILROAD RIGHT OF W AY 294.31 FT., THENCE W ESTERLY 44.9 FT. TO THE
POINT OF BEGINNING (EXCEPT THE SOUTH 156 FT. OF SAID LAND), IN COOK COUNTY, ILLINOIS.
PIN: 11-07-120-003-0000
COMMONLY KNOWN AS: 914½ Noyes Street, Evanston, Illinois.
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To: Members of the Zoning Board of Appeals
From: Dennis Marino, Manager, Zoning and Planning Division
Melissa Klotz, Zoning Planner
Subject: 914 ½ Noyes Street Special Use, 11ZMJV-0078,
ZBA Recommending Body,
City Council Determining Body
Date: December 29, 2011
Notice- Published in the December 15, 2011 Evanston Review:
Dennis Doyle, lessee, for a special use permit at 914 ½ Noyes Street to operate a Type
2 Restaurant (Ice & A Slice). 914 ½ Noyes Street is located in the B1 Business Zoning
District, which requires a special use permit for a Type 2 Restaurant to operate. The
Zoning Board of Appeals makes a recommendation to the City Council, the final
determining body.
Recommendation
City staff suggests a positive recommendation from the Zoning Board of Appeals for the
Council approval of the Special Use for a Type 2 Restaurant at 914 ½ Noyes Street.
The Applicant has complied with all zoning requirements, and meets all of the standards
of a special use for this District.
Site/Proposal Background
Located midblock on Noyes Street between Maple Avenue and Noyes Court, the
applicant would like to open Ice & A Slice, a carry-out and delivery pizza and Italian Ice
establishment. The existing catering service, Rollin’ In Dough, has plans to divide its
space into two separate units, which will make one unit available for Ice & A Slice. The
restaurant location is on the ground floor of a retail block, with apartments located
above. The location is surrounded by other B1 businesses on the south side of Noyes
Street, and Tallmadge Park on the north side of Noyes Street.
The restaurant is requesting open hours of 11am-1am, 7 days a week. The busiest
time for the restaurant will be in the evenings, when most of the adjacent retail
businesses are closed. Deliveries will be made in the rear, which also has 2 employee
parking spaces. The establishment expects to hire 3 full time employees and part time
Memorandum
Page 357 of 454
drivers, including an employee who will act in a capacity to assure traffic congestion
does not occur during peak times.
No structural or façade changes will be made to the exterior of the building. The
restaurant plans to replace the existing window decals with Ice & A Slice decals, and
may ask for a neon sign in the future. For additional information, see the Site Plan and
Appearance Review Committee (SPAARC) minutes of November 30, 2011, which are
enclosed.
Ordinances Identified for Requested Zoning Relief:
6-9-2-3: B1 Business District
6-9-2-3: SPECIAL USES: The following uses may be allowed in the B1
District, subject to the provisions set forth in section 6-3-5, “Special Uses”:
Restaurant – Type II (excluding accessory drive-through facilities).
(Among other uses listed)
Special Use Standards:
For the ZBA to recommend that City Council grant a special use, the ZBA must find
that the proposed special use:
a) is one of the listed special uses for the zoning district in which the
property lies;
b) complies with the purposes and policies of the Comprehensive General
Plan and the Zoning Ordinance;
c) does not cause a negative cumulative effect in combination with
existing special uses or as a category of land use;
d) does not interfere with or diminish the value of property in the
neighborhood;
e) is adequately served by public facilities and services;
f) does not cause undue traffic congestion;
g) preserves significant historical and architectural resources;
h) preserves significant natural and environmental resources; and
i) complies with all other applicable regulations.
Attachments
Special Use Application – Submitted October 25, 2011
Standards Form
Zoning Analysis
Plat of Survey
Photo of Property
Preliminary Interior Site Plan
Preliminary Interior Dimensions
Zoning Map
SPAARC Meeting Minutes November 30, 2011
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FF II NN DD II NN GG SS
FOR STANDARDS OF
SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS
In the case of
after conducting a public hearing on February 7, 2012, the Zoning Board of Appeals makes
the following findings of fact, based upon the standards for special uses specified in
Section 6-3-5-10 of the City Code:
Standard Finding
(A) It is one of the special uses specifically
listed in the zoning ordinance;
__X__Met _____Not Met
(B) It is in keeping with purposes and policies of
the adopted comprehensive general plan
and the zoning ordinance as amended from
time to time;
__X___Met _____Not Met
(C) It will not cause a negative cumulative
effect, when its effect is considered in
conjunction with the cumulative effect of
various special uses of all types on the
immediate neighborhood and the effect of
the proposed type of special use upon the
city as a whole;
__X___Met _____Not Met
(D) It does not interfere with or diminish the
value of property in the neighborhood; __X___Met _____Not Met
(E) It can be adequately served by public
facilities and services __X___Met _____Not Met
Case Number: 11ZMJV-0078
Address or
Location:
914 ½ Noyes Street
Applicant: Dennis Doyle
Proposed
Special Use:
Type 2 Restaurant – Ice & A Slice
Page 378 of 454
(F) It does not cause undue traffic congestion;
__X___Met _____Not Met
(G) It preserves significant historical and
architectural resources; __X___Met _____Not Met
(H) It preserves significant natural and
environmental features; and __X___Met _____Not Met
(I) It complies with all other applicable
regulations of the district in which it is
located and other applicable ordinances,
except to the extent such regulations have
been modified through the planned
development process or the grant of a
variation.
__X___Met _____Not Met
and, based upon these findings, and upon a vote of
__7__ in favor & __0_ against
recommends to the City Council
__X__ approval with conditions
specifically:
1) The business be in substantial compliance with the documents and
testimony on file for this case.
2) Hours of Operation: may not be open to customers between
midnight and 6am, and may not deliver between 1am-6am.
3) Litter Collection & Pickup Plan
4) Delivery drivers may not use street parking.
____ denial of the proposed special use.
__________________________________________ Date: _____________
Lori Summers
Zoning Board of Appeals Chairman
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Attending: Vote:
Aye No
__X__ Lori Summers _X__ ___
__X__ Mary Beth Berns _X__ ___
__X__ Beth McLennan _X__ ___
__X__ Matt Rodgers _X__ ___
__X__ Andrew Gallimore _X__ ___
__X__ Scott Gingold _X__ ___
__X__ Clara Wineberg _X__ __
Page 380 of 454
DRAFT NOT APPROVED
MEETING MINUTES
ZONING BOARD OF APPEALS
Tuesday, February 7, 2012
7:30 PM
Civic Center, 2100 Ridge Avenue, Council Chambers
914 ½ Noyes Street ZBA 11ZMJV-0078
Dennis Doyle, lessee, for a special use permit at 914 ½ Noyes Street to operate a Type
2 Restaurant (Ice & A Slice). 914 ½ Noyes Street is located in the B1 Business Zoning
District, which requires a special use permit for a Type 2 Restaurant to operate. The
Zoning Board of Appeals makes a recommendation to the City Council, the final
determining body.
Mr. Doyle, 4049 Crestwood, Northbrook, described the proposed business, which is a
carry out and delivery restaurant that will offer pizza, Italian Ice, and some fried food.
There will be no indoor seating, and no waiters. There will be 3 employees to begin
with, who will park in the rear (never on the street). All supply deliveries and pizza
delivery personnel will use the rear parking area and rear entrance. The planned hours
of operation are 11am-1pm.
Chairman Summers explained the common Litter Collection Plan that is stated as a
condition on most special use permits. Mr. Doyle said he has no problem with
implementing such a plan if it is a requirement of the special use.
The Zoning Board then entered into deliberation:
Chairman Summers noted conditions addressing delivery and parking restrictions should
be added to the recommendation.
The Zoning Board members then unanimously found each of the Standards for the
special use met. Mr. Gingold motioned for approval with the following conditions:
1) All ingoing and outgoing deliveries must be made in the rear.
2) Hours of operation: open to all customers from 6am-midnight, with delivery
available from 6am-1am.
3) Litter Collection Plan must be implemented.
4) Delivery drivers may not use street parking.
The motion passed unanimously.
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For City Council meeting of February 27, 2012 Item P3
Ordinance 19-O-12: Special Use for a Child Daycare Center at 829 Foster Street
For Action
To: Honorable Mayor and Members of the City Council
Planning and Development Committee
From: Steve Griffin, Director of Community and Economic Development Dept.
Dennis Marino, Manager, Planning and Zoning Division
Melissa Klotz, Zoning Planner, Planning and Zoning Division
Subject: Ordinance 19-O-12 Granting a Special Use for a Child Daycare Center at
829 Foster Street
Date: February 9, 2012
Recommended Action
The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 19-O-
12 granting a special use permit for the operation of a child daycare center at 829 Foster
Street. The applicant has complied with all zoning requirements and meets all of the
standards of a special use for this district. The Zoning Board of Appeals found this as
well in their findings for a recommendation. This Ordinance was introduced at the
February 13, 2012 City Council meeting.
Summary
Unity Nursery School is currently located at the corner of Ridge and Noyes, in the
basement of Sherman Methodist Church. The nursery school is a non-profit preschool
that has operated in Evanston since 1963 and offers part time scheduling for children
ages 2-5. Classes meet weekdays from 9am – 11:30am, with an option for an extended
day lunch program. All children leave the premises by 1:45pm. Currently, the preschool
has a maximum of 65 children through a staggered enrollment, with no more than 48
children at one time, and 8 employees.
The proposed location for the preschool is at 829 Foster Street, just east of the CTA stop,
at an existing, first floor commercial space that is zoned B1, with residential units located
above (mostly student residences). Unity proposes to take over 3 of the 4 ground floor
spaces for their preschool. The current business in this location is a bakery that is looking
to expand to a larger location. The other ground floor space currently houses The
Massage Space spa, which will remain. The proposed property is located in the B1
Business District, but it is adjacent to multi-family residential and the Mather Pavilion
Memorandum
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nursing home. Unity Nursery School is a locally run establishment that provides
neighborhood services and will thrive as a compatible use in the proposed location. This
establishment will increase pedestrian and vehicular activity in the immediate area, which
will enhance the opportunity for other enterprises to generate sales, as well as increase
safety in the area.
The new location will have a fenced, outdoor play area toward the rear of the property,
better access to parks, and will be handicapped accessible. The applicant is currently
working with the Transportation Division to obtain a loading zone permit for specific times
of the day when children would be arriving or leaving the premise. The loading zone will
coincide with the class times – approximately 9am, 11:30am, and 1:30pm, which are
primarily off-peak driving times for other traffic in the area. The location is less than 150 ft
from the Foster Street CTA train station, which will encourage both employees and
patrons to utilize public transportation. A number of the families using the center live
within walking distance of the proposed site. There is on-site parking in the rear for all
employees who drive.
Legislative History
January 7, 2012: The ZBA recommended the City Council approve the application for
a special use permit with the following conditions:
1. Compliance with Applicable Requirements: The Applicant shall develop and use the
Subject Property in substantial compliance with the documents on file in this case.
2. The Applicant shall not operate the Special Use authorized by this ordinance between
midnight and 6:00am on any day.
3. All employees must park only in off-street parking spaces.
4. The Applicant shall secure and maintain a lease for a loading/unloading zone.
Attachments
Proposed Ordinance 19-O-12
February 7, 2012 ZBA Draft Meeting Minutes
ZBA Findings
Staff memo to the ZBA
ZBA Application Packet
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2/7/2012
19-O-12
AN ORDINANCE
Granting a Special Use Permit for a Child Daycare Center
Located at 829 Foster Street in the B1 Business Zoning District
WHEREAS, the Zoning Board of Appeals (“ZBA”) met on February 7,
2012, pursuant to proper notice, to consider case no. 11ZMJV-0088, an application filed
by Unity Nursery School, LLC (the “Applicant”), contract lessee of the property legally
described in Exhibit A, attached hereto and incorporated herein by reference, commonly
known as 829 Foster Street (the “Subject Property”) and located in the B1 Business
Zoning District (“B1 District”), for a Special Use Permit to establish, pursuant to
Subsection 6-9-2-3 of Title 6 of the Evanston City Code, 1979, as amended (“the Zoning
Ordinance”), a Child Daycare Center on the Subject Property; and
WHEREAS, the ZBA, after hearing testimony and receiving other evidence,
made a written record and written findings that the application for a Special Use Permit met
the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and
recommended that City Council grant the application with conditions; and
WHEREAS, at its meeting of February 13, 2012, the Planning and
Development Committee of the City Council (“P&D Committee”) considered the ZBA’s
record and findings and recommended the City Council accept the ZBA’s
recommendation and approve the application in case no. 11ZMJV-0088; and
WHEREAS, at its meetings of February 13, 2012 and February 27, 2012,
the City Council considered and adopted the respective records, findings, and
recommendations of the ZBA and P&D Committee,
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19-O-12
~2~
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are hereby found as fact and
incorporated herein by reference.
SECTION 2: The City Council hereby approves the Special Use Permit
for a Child Daycare Center on the Subject Property as applied for in case no. 11ZMJV-
0088.
SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance,
the City Council hereby imposes the following conditions on the grant of a Special Use
Permit, violation of any of which shall constitute grounds for revocation thereof pursuant
to Subsection 6-3-10-6 of the Zoning Ordinance:
(A) Compliance with Applicable Requirements: The Applicant shall develop and
use the Subject Property in substantial compliance with: all applicable legislation;
the Applicant’s testimony and representations to the ZBA, the P&D Committee,
and the City Council; and the approved plans and documents on file in this case.
(B) Hours of Operation: The Applicant shall not operate the Special Use authorized
by this ordinance between midnight and 6:00 a.m. on any day.
(C) Parking: When driving to work at the Special Use authorized by this ordinance,
the Applicant and its employees shall park only in off-street parking spaces.
(D) Passenger Loading/Unloading: The Applicant shall secure and maintain a
lease for a loading/unloading zone that is located not more than two hundred fifty
feet (250’) from the Subject Property. For as long as the Applicant operates the
Special Use authorized by this ordinance, it shall maintain and keep current said
lease and comply with all terms and/or conditions thereof.
SECTION 4: Before it may operate the Special Use authorized by the
terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this
ordinance with the Cook County Recorder of Deeds.
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19-O-12
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SECTION 5: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 6: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
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.
SECTION 8: 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
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19-O-12
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EXHIBIT A
Legal Description
THE W EST 24 FEET OF LOT 10 AND ALL OF LOT 11 IN BLOCK 2 IN W HEELER AND OTHERS’
SUBDIVISION OF THAT PART OF THE NORTH ½ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF
SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN,
LYING W EST OF SHERMAN AVENUE, IN COOK COUNTY, ILLINOIS.
PIN: 11-18-104-019-0000
Commonly Known As: 829 Foster Street, Evanston, Illinois.
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FF II NN DD II NN GG SS
FOR STANDARDS OF
SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS
In the case of
after conducting a public hearing on February 7, 2012, the Zoning Board of Appeals makes
the following findings of fact, based upon the standards for special uses specified in
Section 6-3-5-10 of the City Code:
Standard Finding
(A) It is one of the special uses specifically
listed in the zoning ordinance;
__X__Met _____Not Met
(B) It is in keeping with purposes and policies of
the adopted comprehensive general plan
and the zoning ordinance as amended from
time to time;
__X___Met _____Not Met
(C) It will not cause a negative cumulative
effect, when its effect is considered in
conjunction with the cumulative effect of
various special uses of all types on the
immediate neighborhood and the effect of
the proposed type of special use upon the
city as a whole;
__X___Met _____Not Met
(D) It does not interfere with or diminish the
value of property in the neighborhood; __X___Met _____Not Met
(E) It can be adequately served by public
facilities and services __X___Met _____Not Met
Case Number: 11ZMJV-0088
Address or
Location:
829 Foster Street
Applicant: Catherine Martin
Proposed
Special Use:
Day Care Center – Child, Unity Nursery School
Page 416 of 454
(F) It does not cause undue traffic congestion;
__X___Met _____Not Met
(G) It preserves significant historical and
architectural resources; __X___Met _____Not Met
(H) It preserves significant natural and
environmental features; and __X___Met _____Not Met
(I) It complies with all other applicable
regulations of the district in which it is
located and other applicable ordinances,
except to the extent such regulations have
been modified through the planned
development process or the grant of a
variation.
__X___Met _____Not Met
and, based upon these findings, and upon a vote of
__7__ in favor & __0_ against
recommends to the City Council
__X__ approval with conditions
specifically:
1) The business be in substantial compliance with the documents and
testimony on file for this case.
2) Hours of Operation: may not be open between midnight and 6am.
3) The parking accommodations must meet the Zoning Code
requirements.
____ denial of the proposed special use.
__________________________________________ Date: _____________
Lori Summers
Zoning Board of Appeals Chairman
Page 417 of 454
Attending: Vote:
Aye No
__X__ Lori Summers _X__ ___
__X__ Mary Beth Berns _X__ ___
__X__ Beth McLennan _X__ ___
__X__ Matt Rodgers _X__ ___
__X__ Andrew Gallimore _X__ ___
__X__ Scott Gingold _X__ ___
__X__ Clara Wineberg _X__ ___
Page 418 of 454
DRAFT NOT APPROVED
MEETING MINUTES
ZONING BOARD OF APPEALS
Tuesday, February 7, 2012
7:30 PM
Civic Center, 2100 Ridge Avenue, Council Chambers
829 Foster Street ZBA 11ZMJV-0088
Catherine (Katie) Martin, lessee, for a special use permit at 829 Foster Street to operate
a Day Care Center-Child. 829 Foster Street is located in the B1 Business Zoning
District, which requires a special use permit for any Day Care Center-Child to operate.
The Zoning Board of Appeals makes a recommendation to City Council, the final
determining body.
Ms. Martin, explained the proposal. The new site will be handicap accessible, and within
walking distance for many of the daycare families.
Dennis Marino, Assistant Director for Planning & Zoning, explained the applicant is
currently working with the City, and it appears the adjacent parking lot has a feasible
loading zone that the City will approve.
Ms. Martin told the ZBA members there are no deliveries via truck, so there is no need
for a delivery area. Also, the proposed location will provide easier access to Fire Engine
Park since the children will not have to cross Ridge Avenue like the do presently. There
are 8 employees, and 8 parking spaces located in the rear of the property, although not
all of the employees drive to work.
Melissa Klotz, Zoning Planner, explained that the Zoning Code regulation for Day Care
Centers require 1 parking space per employee, 1 parking space for each company
vehicle, and 1 parking space for every 15 children. With the proposed loading zone, it
appears the site will comply with the parking requirement.
Ms. Martin iterated Unity Nursery School would like to open the new location by
September 1, 2012 for their 50th Anniversary year. Also, this new space will have a
large motor room that will be similar to a small gymnasium.
The Zoning Board of Appeals then began deliberation:
ZBA members noted concern over the parking situation, but felt a condition on the
special use permit could address the situation.
Mr. Gingold motioned for approval with the following conditions:
1) The business must be in substantial compliance with the documents and
testimony on record.
2) The hours of operation are limited to 6am-midnight.
3) Parking accommodations must be made that meet the Zoning Code.
The motion passed unanimously.
Page 419 of 454
For City Council meeting of February 27, 2012 Item H1
Business of the City by Motion: Annual Farmers Market Fees
For Action
To: Honorable Mayor and Members of the City Council
Human Services Committee
From: Evonda Thomas Director, Health Department
Subject: Annual Farmers Market Fees
Date: February 21, 2012
Recommended Action:
Staff recommends that the City of Evanston adopt a Risk-Based Annual fee for Farmers
Markets. The fees will address food vendors operating at several Farmers Markets
throughout the year. These fees were considered at the February 6, 2012 Human
Services Committee meeting.
Summary:
The City of Evanston currently charges a seasonal fee for Farmers Markets
Table 1. Seasonal Farmers Market Fees (as of June 2011)
Risk Type Farmers Market
Fees
1 (High) $225.00
2 (Medium) $150.00
3 (Low) $75.00
Currently, these Risk Based fees are applied per food vendor per season. Due to the
development of the Winter Market, and additional one day markets, the fees may
become cost prohibitive for food vendors.
The Farmers markets also present a unique and challenging opportunity for the required
Health Department inspections:
• Farmers Markets operate year round at multiple sites and in some cases
simultaneously
• Some food vendors often have limited formal food safety education and or
food service industry experience
Memorandum
Page 420 of 454
Page 2 of 3
• Products sold at farmers markets are different than food served/sold at
festivals (i.e. Custer street fair, ethnic festival etc.)
• Farmers Market sites often lack infrastructure to support food vendors and
their operations ( i.e. water supply & electricity)
• New Farmers Market food vendors and Market organizers may not be
aware of the Health Department’s requirements to interview and inspect
operations during the markets operations. This may result in an applicant’s
failure to submit a required application 10 days prior to the event per
Health Department policy.
In order to address listed concerns the Health Department recommends creating the
following Annual Fee Schedule in addition to seasonal fees.
Risk Based Annual Fees
The following New Annual Risk Based fee schedule is proposed:
Risk 1 (High) $275.00: Food sold requires extensive handling or have been
implicated in food borne Illness outbreaks or recalls. Food vendors considered Risk
1 shall include but not be limited to the following:
• Shell Eggs
• Meats and Poultry
• Fish
• Milk and Cheese products
• Honey
• Apple Cider and other fruit/vegetable juices
• Garlic-in-oil
• Low acid canned foods
• Baby food
Risk 2 (Medium) $200.00: Food sold requires minimal handling and has not been
implicated in a food borne illness outbreak or recall. Any products that are cut for
sampling, removed from their original packaging and given out to consumers
including produce, baked goods, and dairy products (cheese).
Risk 3 (Low) $125.00: Food sold is prepackaged in a commercial facility, and is
not removed from its packaging.
Table 2. Proposed Farmers Market Risk Based Annual Fees ***
Risk Type Farmers Market
Annual Fee
Proposed
1 (High) $275.00
2 (Medium) $200.00
3 (Low) $125.00
Page 421 of 454
Page 3 of 3
Risk Based Annual Fees Exemptions
Food vendors that sell fresh, uncut, whole, unprocessed fruits and vegetables are
exempt from licensure or fees described above. In 2012 a new law was enacted known
as the “Cottage Food Law”. Guidance from the Illinois Department of Public Health
regarding the new Cottage Food Law is attached to this memo. Food vendors seeking
to apply for this exemption must contact the Evanston Health Department to register
and must meet the following requirements:
1. The applicant must be a Certified Food Service Manager by the Illinois
Department of Public Health
2. Food can only be sold at Farmers Markets
3. Internet sales and sales to retail merchants are not covered by the Cottage Food
Law
4. Food vendor revenue must be less than $25,000 per year
Legislative
Considered at the February 6, 2012 Human Services Committee Meeting.
31-O-09 Establishing the Seasonal Food Establishment
Attachments:
Illinois Department of Public Health Office of Health Protection Division of Food, Drugs
and Dairies Technical Information Bulletin #30 and #44
*** A food vendor who participates ONCE in any farmers market and does not qualify for
the cottage food law or for any exemptions continues to pay the current Temporary
Food Permit fee of $105.00. If the one time food vendor desires to later participate in
any additional farmers market, they have the option of paying the Risk Based Annual
Fee for farmers markets.
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For City Council meeting of February 27, 2012 Item O1
Ordinance 12-O-12: Library Administration
For Action
To: Honorable Mayor and Members of the City Council
From: Wally Bobkiewicz, City Manager
Subject: Ordinance 12-O-12 Amending the Evanston City Code to Make Certain
Changes to the Evanston Public Library Board’s Authority and Budget and
Appointment of a Joint City Council – Library Board Committee to Develop
Recommendations for Changes in Further Administrative Operations of
the Library
Date: February 2, 2012
Recommended Action:
It is recommended that the City Council consider Ordinance 12-O-12 amending the
Evanston City Code to make certain changes to the Evanston Public Library Board’s
authority and budget. In addition, it is recommended that the City Council create a joint
committee with the Library Board to develop recommendations for changes in further
administrative operations of the Library and request the Mayor to appoint two Aldermen
to the committee. This ordinance was introduced at the February 13, 2012 City Council
meeting.
Summary:
The City Council has discussed issues pertaining to the funding and governance of the
Evanston Public Library on several occasions over the last two years. With the
adoption of the FY 2012 City Budget, the City Council created a Library Fund to
separately account for the revenues and expenditures of the Evanston Public Library.
With the resignation of Library Director Mary Johns in July, 2011 and the current
recruitment of a new Library Director, I believe it is appropriate for the City Council to
consider further changes in the authority of the Library Board in the areas of budget and
governance to more consistently reflect the operations of other City libraries in Illinois.
The recruitment of a new Library Director is on-going and a final candidate should be
identified for the position by March 1, 2012.
Ordinance 12-O-12 would transfer the authority of the management of the Library to the
Library Board, including transfer of authority of the appointment of the Library Director
Memorandum
Page 449 of 454
Page 2 of 2
from the City Manager to the Library Board. In addition the Ordinance would amend the
City Code to authorize the Library Board as of January 1, 2013 to adopt the budget for
the Library and set a Library property tax levy.
In addition to the proposed Ordinance, I am recommending that the City Council create
a joint committee with the Library Board to include two members of the City Council, two
members of the Library Board, the City Manager and Library Director to meet to
consider other operational issues to further transition to the new Library operations
model. This committee would report its findings to the City Council and Library Board
no later than July 31, 2012. These issues will include:
A. appropriate charges for City property and services to be charged by the
City to the Library Fund for FY 2013 and beyond;
B. appropriate cost allocation of previous Library capital improvement debt
and creation of Library Debt Service Fund;
C. consideration of temporary loan in FY 2013 from the City to the Library
Fund to cover cash shortfalls caused by timing of tax payments;
D. consideration of transfer from City to Library Fund of some amount for
Library Operating Reserve;
E. additional amendments to the Evanston City Code which may be
necessary for Library governance.
I believe the proposed amendments to the City Code and the work of the proposed
committee will allow for a smooth transition of governance of the Evanston Public
Library to a model more comparable with other Illinois City libraries. Please note that the
amendments included in proposed Ordinance 12-O-12 pertain to the current City Code
and not the amended City Code (Ordinance 8-O-12) which was adopted at the last City
Council meeting on January 23, 2012.
Legislative History
This ordinance was approved with suggested revisions at the February 6, 2012 Rules
Committee.
Attachments:
Ordinance 12-O-12
Page 450 of 454
2/6/2012
1/25/2012
1/20/2012
12-O-12
AN ORDINANCE
Amending the Evanston City Code to Make Certain Changes
to the City of Evanston Public Library Board’s Authority and Budget
WHEREAS, the City of Evanston, Cook County, Illinois, (the “City”) is a
home rule unit of government under the Illinois Constitution of 1970; and
WHEREAS, the Evanston City Council and the Evanston Public Library
Board of Trustees held numerous public hearings, pursuant to proper notice during
2010 and 2011, to consider the funding structure and tax levy for the Evanston Public
Library, the infrastructure needs relative to the provision of library services to all City of
Evanston residents, received information from City staff, and deliberated regarding the
setting of budgetary priorities and funding levels for the Library Department; and
WHEREAS, the City considered, in consultation and cooperation with the
Evanston Public Library Board, the process to establish consistent budget funding
levels for the Library in subsequent years following adoption of this Ordinance; and
WHEREAS, in light of the Illinois Public Library Act (the “Act”), it is
desirable to make certain amendments to the City Code to conform certain Code
provisions to the Act; and
WHEREAS, the Evanston Public Library Board concurs in finding that the
code amendments set forth below will ensure stable and consistent funding necessary
to provide library services to the City of Evanston,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
Page 451 of 454
12-O-12
~2~
SECTION 1: The foregoing recitals are hereby found as fact and
incorporated herein by reference.
SECTION 2: Title 7, Chapter 14 of the Evanston City Code of 1979, as
amended, is hereby further amended to read as follows:
7-14-1: ESTABLISHMENT; DESIGNATION:
There is hereby established a free public library and reading room for the use of the
inhabitants of the City, which library and reading room shall be known as the "Evanston
Public Library".
7-14-2: EVANSTON PUBLIC LIBRARY BOARD OF DIRECTORS TRUSTEES TO
SUPERVISE:
The library established herein shall be under the supervision and management of a
Board of nine (9) Directors Trustees, to be appointed in accordance with the provisions
of the statutes of the State relating to public libraries, and such Sections 75 ILCS 5/4-1
and 5/4-1.1 of the Illinois Local Library Act (the “Act”), 75 ILCS 5/1-1 et seq. The
Evanston Public Library Board of Directors Trustees shall have all the powers and
authority conferred by such statutes the Act. The Board of Trustees shall appoint the
Library Director.
7-14-3: INJURING LIBRARY PROPERTY:
(A) Books: It shall be unlawful for any person to willfully or maliciously cut, write upon,
injure, deface, tear or destroy any book, newspaper, plate, picture, engraving or
statue belonging to or in the possession or under the control of the library.
(B) Building, Furniture: It shall be unlawful for any person to willfully or maliciously
commit any injury upon the grounds, buildings, furniture, fixtures or other property
belonging to or under the control of the library.
7-14-4: LIBRARY FUND, BUDGET AND TAX LEVY:
Effective January 1, 2012, there is hereby created a Library Fund for the Evanston
Public Library. The Evanston Public Library Board shall have exclusive control of the
expenditure of all moneys collected for the library and deposited to the credit of the
Library Fund. Effective January 1, 2013, the Evanston Public Library Board shall have
the authority to formulate and approve the annual budget for the Library, and to
determine the annual levy of taxes to be used for library purposes. The library taxes
provided for in this Chapter shall be levied by the corporate authorities in the amounts
determined by the Board and the proceeds shall be deposited in the Library Fund.
Page 452 of 454
12-O-12
~3~
7-14-5: BUDGET, GENERALLY:
The Board shall, with the assistance of the Library Director, adopt its own Budget and
Appropriation Ordinance and Levy Ordinance. They shall be presented to and adopted
by the City as a part of its revenue process. These ordinances shall be submitted in the
format and in accordance with the City's budget schedule in general use by the City for
each fiscal year. The Library Director shall meet with the City Manager or his/her
designee and provide such information related to the budget as the City Manager shall
request.
SECTION 3: That Section 1-9-1 of the Evanston City Code of 1979, as
amended, is hereby further amended to read as follows:
1-9-1: MUNICIPAL OFFICERS AND DEPARTMENTS:
For the purposes of this Code, and for the administration and enforcement of the affairs
and policies of the City, there shall be the following executive departments of the City.
Each department shall be administered by a department head appointed by the City
Manager, except for the Library Director, who shall be appointed by the Evanston Public
Library Board of Trustees. Such department heads shall perform such functions as may
be prescribed by ordinance or by the City Manager. Department heads and such other
employees as may be designated by the City Manager shall be officers of the City.
Departments and department heads shall be as follows:
DEPARTMENT DEPARTMENT HEAD
Community Development Director of Community Development
Facilities Management Director of Facilities Management
Finance Director of Finance
Fire Fire Chief
Health and Human Services Director of Health and Human Services
Human Relations Executive Director of Human Relations
Human Resources Director of Human Resources
Law Corporation Counsel
Library Library Director
Parks/Forestry and Recreation Director of Parks/Forestry and Recreation
Police Police Chief
Public Works Director of Public Works
SECTION 4: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Page 453 of 454
12-O-12
~4~
SECTION 5: If any provision of this Ordinance 12-O-12 or application
thereof to any person or circumstance is held unconstitutional or otherwise invalid, such
invalidity shall not affect other provisions or applications of this Ordinance that can be
given effect without the invalid application or provision, and each invalid application of
this ordinance is severable.
SECTION 6: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 7: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
Introduced:_________________, 2012
Adopted:___________________, 2012
Approved:
_________________________, 2012
______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_______________________________
Rodney Greene, City Clerk
Approved as to form:
______________________________
W. Grant Farrar, Corporation Counsel
Page 454 of 454