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HomeMy WebLinkAbout05.29.12 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Tuesday, May 29, 2012 Administration & Public Works (A&PW) Committee meets at 5:45 p.m. Planning & Development (P&D) Committee has been cancelled. City Council and Town Board meeting convenes at 7:15 pm ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Braithwaite (II) Evanston Town Board Meeting (III) Mayor Public Announcements and Proclamations (IV) City Manager Public Announcements Certificate of Achievement for Excellence in Financial Reporting for the City’s FY2011 Comprehensive Annual Financial Report (CAFR) from the Government Finance Officers Association (GFOA) (V) Communications: City Clerk (VI) 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. (VII) Consent Agenda: Alderman Rainey 1 of 447 City Council Agenda May 29, 2012 Page 2 of 6 5/24/2012 3:40 PM (VIII) Report of the Standing Committees Administration & Public Works - Alderman Burrus Planning & Development - Alderman Holmes Human Services - Alderman Tendam (IX) Call of the Wards (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (X) Executive Session (XI) Adjournment CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of April 16, 2012 (M2 Approval of Minutes of the Regular City Council Meeting of May 14, 2012 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through 05/06/12 $2,502,402.48 (A2) City of Evanston Bills FY2012 through 05/30/12 $3,730,944.71 (A3.1) Approval of Tennis Contract Extension with E-Town Tennis, Inc. Staff recommends that City Council authorize the City Manager to execute an agreement with E Town Tennis, Inc. (320 S. Butterfield Road, Libertyville, IL) extending the Tennis Program contract through November 30, 2012. Funding is provided by Account 3110.62505. All expenses for the program are covered by participation fees. For Action (A3.2) Approval of Contract for Comprehensive Non-Union Compensation Study with Evergreen Solutions, LLC Staff recommends that City Council authorize the City Manager to execute a contract with Evergreen Solutions, LLC (2852 Remington Green Circle, Tallahassee, FL) to conduct a comprehensive compensation study for all non- union positions within the City of Evanston. The all-inclusive cost for their service is $28,000. Funding will be provided by the Division of Human Resources, Service Agreements Account 1929.62509, with a budget of $38,500. For Action 2 of 447 City Council Agenda May 29, 2012 Page 3 of 6 5/24/2012 3:40 PM (A3.3) Approval of Contract Extension for Third Party Administration of General Liability and Worker’s Compensation Claims Staff recommends that City Council authorize the City Manager to execute a one- year extension for the purchase of claims administration services from Cannon Cochran Management Services Inc. (CCMSI) for automobile liability, general liability, and worker’s compensation at an estimated cost of $97,375 for the contract year March 1, 2012 through February 28, 2013. Funding is provided by the FY2012 Insurance Fund Account 7800.62266, with a budget of $145,000. For Action (A3.4) Approval of Contract Award to Therm Flo Inc. for the Fire Stations #1 and #2 Mechanical Systems Improvement Project (Bid 12-115) Staff recommends that City Council authorize the City Manager to execute a contract with Therm Flo Inc. (251 Holbrook Drive, Wheeling, IL) in the total amount of $285,875 for Fire Stations #1 and #2 Mechanical Systems Improvement Project. Funding will be provided by FY2012 CIP Account 415822 with $150,000 budgeted and Account 415823 with $210,000 budgeted. For Action (A3.5) Approval of Northwest Municipal Conference 2012-13 Dues Payment Staff recommends that City Council authorize payment of 2012-13 dues to the Northwest Municipal Conference in the amount of $24,784. The City has been a member of the Northwest Municipal Conference since 1978. For Action (A3.6) Approval of Renewal of Library Reference Database License with Gale/Cengage Learning Staff recommends that City Council authorize the City Manager to renew the annual sole source software license with Gale/Cengage Learning (27500 Drake Road, Farmington Hills, MI) for Library reference database services in the amount of $21,000 for the eleven month period ending April 30, 2013. Funding is provided by the Library Adult Services – Internet Solution Providers Account 4806.62341. For Action (A4) Resolution 37-R-12 Authorizing the City of Evanston to Enter Into An Agreement with the Cook County Assessor’s Office for Access to a Geographic Information System Staff recommends that the City Council authorize the City Manager to sign an agreement with the Cook County Assessor’s Office for access to GIS (Geographic Information System) data. For Action 3 of 447 City Council Agenda May 29, 2012 Page 4 of 6 5/24/2012 3:40 PM (A5) Resolution 41-R-12 Authorizing Lease Agreements with the United States Postal Service (USPS) for Vehicle Parking The Transportation/Parking Committee and staff recommend that the City Council approve Resolution 41-R-12 authorizing the City Manager to enter into lease agreements with the US Postal Service for the parking of Postal Service Vehicles in Lot 25 (1612-1616 Maple Avenue) and the Maple Avenue Self Park (1800 Maple Avenue). For Action (A6) Ordinance 50-O-12 Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Prohibited Parking to Add Lincoln Street, South Side, Sheridan Road East to Campus Drive The Transportation/Parking Committee and staff recommend that the City Council approve Ordinance 50-O-12 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 8, Prohibited Parking at All Times, Schedule VIII(A) of the Evanston City Code, to add Lincoln Street, South Side, Sheridan Road east to Campus Drive. For Introduction (A7) Ordinance 51-O-12 Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Prohibited Parking During Certain Hours on Davis Street The Transportation/Parking Committee and staff recommend that the City Council approve Ordinance 51-O-12 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 9, Prohibited Parking during certain hours on Davis Street. For Introduction (A8) Ordinance 45-O-12, Authorizing the Sale of Surplus Property Staff recommends the City Council approve Ordinance 45-O-12 authorizing the City Manager to publicly offer for sale various vehicles and equipment owned by the City through public auction. The vehicles and equipment are either presently out of service or will be, and are assigned to various divisions/departments within the City of Evanston. For Introduction (A9) Ordinance 54-O-12 Authorizing the Lease Agreement with the League of Women Voters of Evanston Staff recommends City Council approval of Ordinance 54-O-12 authorizing the City Manager to negotiate and execute the lease agreement with the League of Women Voters of Evanston for lease of Room 1030 in the Civic Center. For Introduction 4 of 447 City Council Agenda May 29, 2012 Page 5 of 6 5/24/2012 3:40 PM (A10) Ordinance 59-O-12, Increasing the Number of Class S Liquor Licenses to Permit Issuance to Ward Eight, LLC ` The Local Liquor Commissioner recommends adoption of Ordinance 59-O-12, which increases the number of Class S liquor licenses from 0 to 1 to permit issuance to Ward Eight, LLC, 629 Howard Street. For Introduction (A11) Ordinance 55-O-12 Approving a Tax Increment Redevelopment Plan and Redevelopment Project for the Dempster/Dodge Redevelopment Area Staff recommends City Council adoption of Ordinance 55-O-12. Suspension of the Rules is requested to allow Introduction and Action on May 29, 2012 to implement the TIF under the 2010 assessed values. For Introduction and Action (A12) Ordinance 56-O-12 Designating the Dempster/Dodge Redevelopment Project Area (“TIF District”) of the City of Evanston a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act Staff recommends City Council adoption of Ordinance 56-O-12. Suspension of the Rules is requested to allow Introduction and Action on May 29, 2012 to implement the TIF under the 2010 assessed values. For Introduction and Action (A13) Ordinance 57-O-12 Adopting Tax Increment Allocation Financing for the Dempster/Dodge Redevelopment Project Area Staff recommends City Council adoption of Ordinance 57-O-12. Suspension of the Rules is requested to allow Introduction and Action on May 29, 2012 to implement the TIF under the 2010 assessed values. For Introduction and Action (A14) Ordinance 49-O-12, Increasing the Number of Class C Liquor Licenses to Permit Issuance to NSB Ventures LLC, d/b/a The Alcove The Local Liquor Commissioner recommends adoption of Ordinance 49-O-12, which increases the number of Class C liquor licenses from 28 to 29 to permit issuance to NSB Ventures LLC, d/b/a The Alcove, 512 Main Street. This Ordinance was introduced at the May 14, 2012 City Council meeting. For Action 5 of 447 City Council Agenda May 29, 2012 Page 6 of 6 5/24/2012 3:40 PM PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 48-O-12 Granting Major Zoning Relief for Front Yard Parking and a Rear Yard Setback at 2627 Lincolnwood Drive City staff recommends the adoption of Ordinance 48-O-12 granting major zoning relief to rebuild an attached garage as livable space, establish one open parking space in the front yard, and construct a two story addition with a rear yard setback of 14.7’ where 30’ is required at 2627 Lincolnwood Drive. This ordinance was introduced at the May 14, 2012 City Council meeting. For Action MEETINGS SCHEDULED THROUGH JUNE 2012 Upcoming Aldermanic Committee Meetings: Monday, June 4 6 pm Rules Committee Monday, June 4 7:30 pm Human Services Committee Tuesday, June 11 5:45 pm APW, P&D, City Council Wednesday, June 13 7:00 pm Northwestern University/City Committee Monday, June 18 7:00 pm City Council Tuesday, June 19 7:30 pm Housing & Community Development Act Ctte Wednesday, June 20 6:00 pm M/W/EBE Advisory Committee Thursday, June 21 6:00 pm Housing Commission Monday, June 25 5:45 pm APW, P&D, City Council Wednesday, June 27 6:00 pm Transportation/Parking Committee Wednesday, June 27 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. 6 of 447 TOWNSHIP BOARD MEETING City Council Chamber Morton Civic Center 2100 Ridge Ave., Evanston, IL Tuesday, May 29, 2012 7:15 pm ORDER OF BUSINESS 1. Call to Order – Town Clerk, Rodney Greene 2. Citizen Comment 3. FY 2012 – 2013 Budget 4. Next Steps A. Discussion on Organizational Issues Following the Referendum B. Consideration of Adopting New Rules for Town Board 5. Adjourn 7 of 447 For Evanston Town Board meeting of May 29, 2012 Agenda Item #3 Ordinance 1T-O-12: Proposed Town Budget for Year Ending March 31, 2013 For Introduction To: Honorable Mayor and Members of the City Council Human Services Committee From: Evonda Thomas, Health Department Director Subject: Ordinance 1T-O-12 Proposed Budget and Appropriation Ordinance for Town Purposes, for the Year Ending March 31, 2013 Date: May 8, 2012 Recommended Action: Township of Evanston Supervisor/Treasurer recommends the City Council/Trustees to approve the Town of the City of Evanston budget for the year ending March 31, 2013. Funding Source: Town Fund $ 366,053.00 General Assistance Fund $1,279,353.00 Summary: The total anticipated operating budget for FY2012-2013 for the Township of Evanston is $1,645,406.00. This includes $1,279,353.00 from the General Assistance Fund and $366,053.00 from the Town fund. The total amount being levied is $1,122,306.00. Legislative History: Ordinance 1T-O-12 was considered and approved 5-0 at the May 7, 2012 Human Services Committee Meeting. Attachments: Ordinance1T-O-12 Budget and Narrative Memorandum 8 of 447 05/03/12 1T-O-12 AN ORDINANCE Proposed Budget and Appropriations Ordinance For Town Purposes, For Year Ending March 31, 2013 WHEREAS, a tentative Budget and Appropriations Ordinance for the Town of the City of Evanston, Cook County, Illinois, was prepared and filed in the Office of the Town Clerk; and WHEREAS, a public hearing was held on the Budget and Appropriation Ordinance; WHEREAS, all persons desiring to be heard on the matter of the budget were heard, and the Budget was submitted to the Board of Trustees of the Town of the City of Evanston, Cook County, Illinois. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the following Budget for the fiscal year commencing April 1, 2012 and ending March 31, 2013, attached as exhibit A be and is hereby approved and adopted. SECTION 2: That there is hereby appropriated for use of this Town for said fiscal year, the following: FROM THE TOWN FUND, A TOTAL OF $235,753.00 FROM THE GENERAL ASSISTANCE FUND A TOTAL OF $886,553.00 TOTAL APPROPRIATIONS (1) $1,122,306.00 9 of 447 SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: ____________________________, 2012 Approved: Adopted: ______________________________, 2012 _______________________, 2012 ______________________________ Patricia A, Vance, Supervisor Attest: Approved as to form: ________________________________________ ________________________________ Town Clerk Town Trustees Attorney 10 of 447 EXHIBIT A TOWN OF THE CITY OF EVANSTON PROPOSED ANNUAL BUDGET FISCAL YEAR 2012-2013 11 of 447 Town of the City of Evanston Proposed Annual Budget Fiscal Year 2012-2013 pvance@townofevanston.com (847) 475-4481 12 of 447 2 ELECTED OFFICIALS Patricia A. Vance Supervisor Bonnie Wilson Assessor TRUSTEES Judy Fiske First Ward Peter Braithwaite Second Ward Melissa A. Wynne Third Ward Donald N. Wilson Fourth Ward Delores A. Holmes Fifth Ward Mark Tendam Sixth Ward Jane Grover Seventh Ward Ann Rainey Eighth Ward Coleen Burrus Ninth Ward ______________________ Rosemary Jean-Paul, Executive Director, Township General Assistance Office 13 of 447 3 Town of the City of Evanston FY201 2-2013 Budget Table of Contents Budget Message 4-6 Budget Executive Summary 7-9 General Assistance Budget Narrative 10-13 Assessor’s Office Budget Narrative 14-15 Supervisor’s Office Budget Narrative 16-17 General Assistance Caseload 18-19 Proposed Ordinance Cover Sheet 20 The Proposed Budget Cover Sheet 21 14 of 447 4 May 3. 2012 Dear Trustees of the Town of the City of Evanston, As Township Supervisor and Treasurer of all funds received for the Town of the City of Evanston, I am pleased to submit the proposed 2012-2013 Budget for your review and approval. The FY2012-2013 Budget maintains the Township’s mission in regard to the functions of the Township Assessor’s office, Supervisor’s office and Township General Assistance Program. This budget maintains a high quality service delivery level for general assistance and emergency assistance clients. The FY2012-2013 Budget for the General Assistance Program is $1,279,353.00 The budget includes $886,553.00 in anticipated property tax revenue; $300.00 in projected interest; $7,500.00 in projected SSI reimbursements and $385,000.00 from the General Assistance Fund Balance. The projected end of the year fund balance from 2012 is $1,497,659.00. The proposed tax levy is decreased by $100,000. The fund balance should maintain at least 6 months operating reserve. The township is governed under tax caps and not home rule as the City of Evanston. The reliance on the fund balance needed for operations and maintaining no increase (or reduction) in the tax levy can be maintained in 2013 and going forward if cost-savings measures being examined (relocation to Lorraine H. Morton Civic Center – rent, utilities, IT services, etc) are realized. The FY2012-2013 Budget for the Town of Evanston fund is $366,053.00. The Budget includes: $235,753.00 in anticipated property tax revenue; $50,000.00 in replacement tax; $300 interest income and $80,000.00 from the Town Fund Balance. The projected end of the year fund balance from 2012 is $327,133.00. The proposed tax levy is decreased by $40,000.00. The fund balance should maintain at least 6 months operating reserve. 15 of 447 5 The following are the highlights of the proposed budget: 1. Real Estate Property Tax The budget proposes a decrease in the property tax levy for the General Assistance Fund and Town Fund. 2. Client Payments The budget proposes $548,525.00 in this line item. The 2012-2013 proposed estimates an average of 100 clients per month. The current caseload is at 98 clients. The maximum grant amount is being increased from $400.00 per month to $500.00. The grant is allocated as $200 for rent directly paid to the landlord/owner and $300 in personal expenses being June 1, 2012 an issued in installments of $150 on the 1st and 16th of each month. This is still below the current SSI rate of $698.00 per month. The clients have not received an increase in three years. The General Assistance funds does allow for this increase while also reducing the tax levy. The amount for the 50/50 Program remains budgeted at $3,000.00. The program will assist with 50% of the starting wage up to a maximum of $1,500.00 for clients that are hired by an employer. This employment may be on a trial basis. The amount also includes $94,125.00 in purchase of service contracts. This covers the Mental-Health board approved allocation to PEER Services, Inc. The services of this agency are utilized by the clients of the General Assistance Office. 3. Wages The budget proposes no increase in salaries. 4. General Assistance Administrative Overhead The budget proposes an increase in the overall budget of the general assistance office to cover the cost of needed computers for 5 staff person in order to effectively use the new VisualGA.net system. 5. Work Opportunity Program (WOP) The budget proposes a slight decrease of $500.00. 6. Medical Payment Systems The proposed budget proposes an increase in the line items or medical based on the usage of the services in 2011-2012. 7. Emergency Assistance Services The proposed budget increases the overall EAS budget. The maximum amount a client can receive during a year for utilities is being increased from $750 to $1,000. The maximum for one month delinquent rental or mortgage assistance is being increased from $1200 to $1500. 16 of 447 6 8. Assessor’s Office The Assessor’s proposed budget includes an increase due to payment of Medical and Life Insurance for staff. Familial status of staff changed from single to family. 9. Supervisor’s Office The proposed budget has a proposed decrease of $13,785 from the 2011-2012 approved budget. This decrease is mainly due to anticipated accounting services contracted out to private vendor being performed in an Intergovernmental agreement with the City of Evanston. 10. Community Action The proposed budget allocates $45,650.00 to be used for community action program initiatives. $650.00 is earmarked for Veteran services related to the purchase of the flags for the graves of veterans. $30,000.00 is proposed to support the Mayor’s Summer Youth Employment Program, $10,000.00 for the City of Evanston Back To School Event to support purchase of school supplies and $5000 for West End Market. 11. Community Purchased Services The budget proposes $86,600 from the Town Fund to support Community Purchased Services in an agreement with the City of Evanston and Mental Health Board for the period of April 1, 2012- March 2013. $80,000 is proposed to be issued during the last quarter of the Town fiscal year (January 2013-March 31, 2013) 12. Legal Fees The legal fees are budgeted as a separate line item. $5,000 is projected in this line item for expenditures related to Township legal issues. The Township does not have a legal counsel. The budget presented in this document is balanced. I am available to answer any questions related to the Supervisor’s Office and General Assistance Office proposed budget. The Assessor is available to answer any questions related to the Assessor’s proposed budget. __________________________________ Patricia A. Vance Township Supervisor/Treasurer Town of the City of Evanston 17 of 447 7 Township of Evanston, 2012-2013 Budget Executive Summary I. Introduction The Town of the City of Evanston has coterminous boundaries with the City of Evanston. Township government is one of the oldest forms of government in Illinois. Briefly summarized, townships are responsible for three mandatory functions: a general assistance program to qualifying residents, maintaining township road district highways and bridges, and appraising property value in all counties other than Cook. Townships also have a variety of statutory responsibilities which are somewhat lesser known, but equally important. For example, they may provide senior services and youth programs. Townships have been given various powers, which they may exercise depending upon the local needs of their constituencies and the activism of the township officials. Each township has the corporate capacity to exercise the powers granted to it, or necessary implied, and no others. A Township may exercise only those powers conferred upon it by statute. This limitation is called, “Dillon’s Rule” and affects all Illinois governments except home rule municipalities and counties. There are two elected officials for the Township of Evanston: The Township Supervisor and the Township Assessor. Both positions are considered part-time. The Assessor has a staff and office. The Township Supervisor supervises the general assistance office and is the Treasurer for all funds received for the Township. Because of the coterminous nature of the township and city, the Aldermen also serve in a dual capacity as Trustees for the Township. The statutes do not allow the city to administer the general assistance program. II. Budget Summary The total anticipated operating budget for FY2012-2013 for the Township of Evanston is $1,645,406.00. This includes $1,279,353.00 from the General Assistance Fund and $366,053.00 from the Town fund. The total amount being levied is $1,122,306.00. 18 of 447 8 III. Fiscal Constraints Tax caps affect the township. Therefore, the amount of revenue received is the Consumer Price Index or 5% (whichever is less). The Township has been able to maintain a fund balance over the last three years that will allow the Township to use part of its fund balance to support its activities, particularly the General Assistance Fund. Therefore, no increase in the tax amounts for the Town or General Assistance Fund is proposed. In fact, based on the anticipated fund balance, it is being proposed that the levy be reduced $100,000 for the General Assistance Fund and $40,000 for the Town Fund. The law requires that all eligible General Assistance clients are serviced. A lack of funds cannot be exercised to deny General Assistance. Since the only major source of funding is property taxes, the Township General Assistance Fund must maintain a sufficient cash fund balance. IV. Funds The township’s operating funds come from property taxes. The property taxes are allocated to two funds: Town General Fund and General Assistance Fund. The total property tax rate is about $.05 per $100.00 of equalized assessed value (approximately .01 cents for the Town Fund and .04 cents for the General Assistance Fund. The tax revenue is scheduled to be received twice a year. Each fund is a separate accounting entity with a self-balancing set of accounts. The law allows for the transfer of funds from the Town General Fund to the General Assistance fund, but does not allow the transfer of funds from the General Assistance Fund to the Town General Fund. The FY2012-2013 levied property tax revenue for the entire Township of Evanston is projected to be $1,122,306.00. This represents $886,553.00 in projected tax revenue from the General Assistance Fund and $235,743.00 in projected tax revenue from the Town Fund. V. Other Funds In addition to the property taxes, the FY2012-2013 budget proposes the use of funds from the following sources: Interest- Interest earned on the interest bearing accounts where the Township funds are deposited. This is very limited amount due to low interests rates being paid and delays in the receipt of tax income. SSI Reimbursement- The Township General Assistance Office, according to the law, can be reimbursed GA benefit funds that were expended on a person found to be eligible for 19 of 447 9 SSI (with the exception of the costs related to medical expenses). Replacement Taxes: Replacement taxes are revenues collected by the state of Illinois and paid to local governments to replace money that was lost by local governments when their powers to impose personal property taxes on corporations, partnerships, and other business entities were taken away. Fund Balance Revenue Revenue restricted for use by each fund. General Assistance Fund balance is restricted to allowable General Assistance purposes. 20 of 447 10 THE GENERAL ASSISTANCE PROGRAM BUDGET 21 of 447 11 THE GENERAL ASSISTANCE PROGRAM The administration of a program of General Assistance to persons in need is the major function performed by the Township of Evanston. The Illinois statues (60 ILCS 1/70-60) gives the sole authority in the area of General Assistance to the Supervisor. The statue also gives the Supervisor the authority to operate an emergency assistance component with the use of General Assistance funds. The Township General Assistance Program is a financial aid program designed to meet basic maintenance requirements for a livelihood compatible with health and well-being, plus any necessary medical treatment, care and supplies required because of illness or disability for which they is no other source to receive. The assistance is provided on a monthly payment basis to or on behalf of eligible assistance units by the General Assistance Office. The client assistance level is set by the Supervisor per the statues. The budget for 2012- 2013 proposes a maximum of 100 clients per month. The maximum monthly grant rate is not to exceed $500.00. This includes a maximum of $200.00 for rental assistance paid directly to the property owner/designated agent and $300.00 in cash disbursements ($150.00 on the 1st and 16th of each month). The General Assistance fund also has an allocation of $54,500.00 to assist eligible non- GA recipients with the payment of utilities- water, electric and heating (gas, propane, oil), delinquent mortgage and condo assessments in an emergency situation. The 2012-2013 line item of $3,000.00 to be used to support a 50/50 Program aimed at assisting with the placement of clients with “severe barriers” and training in a specialized skill. It would assist with 50% of the starting wage up to a maximum of $1500.00 for clients that are hired by an employer. This employment subsidy may be used for trial employment. In order to administer the General Assistance Program in Evanston Township, the Supervisor has determined that the following staff is needed: Executive Director EAS/Case Manager EAS Administrative Assistant Confidential Accounts/Human Resources Manager Case Coordinator/WOP Counselor Office Manager Part-time EAS Assistant 22 of 447 12 The staff is responsible for the administration of the General Assistance and Emergency Assistance Program. The General Assistance Office Staff also handles the financials related to client and bill payments of the Supervisor’s and Assessor’s Office. WORK OPPORTUNITY PROGRAM As part of General Assistance, townships are required to establish a community work program. There are two options to the program: job training and workfare. Clients who are not on GA because of medical inability to work must participate in either a direct worksite placement are be involved in “job club”. The clients in job club are required to attend a two-hour session on Mondays, Wednesdays and Fridays. Those in job club are viewed as more “job ready”. Some clients who have minimum skills and are in need of “on-the job training” are placed on worksites to enhance their work skills. There are others who cannot reasonably be expected to obtain a job. In the workfare program, they participate in tasks that are designed to benefit the community. PARTNERSHIP AND CONTRACTUAL SERVICES The General Assistance Office establishes working arrangements with the Evanston One Stop and other not for profit organizations to better assist clients with counseling, employment and training opportunities. A Community Purchase of Service Agreement in conjunction with the City of Evanston Mental Health Board with PEER Services is maintained during the 2012-2013 fiscal year. Many of the clients are also in need of remedial education. Oakton Community has been a continued partner in this endeavor. MEDICAL PAYMENT SYSTEMS: The General Assistance guidelines require the provision of “necessary” medical services as defined by the Illinois Department of Public Aid. If there are no other sources to provide the necessary services then the Township is responsible for making payment. The township reimburses the provider at the Public Aid rate. Currently the township also provides for some services that IDHS does not provide. The Township also has the responsibility to assist with needed medical supplies for the “necessary” medical treatment. In addition, the monitoring of the provision of medical services is closely examined with ways of cutting costs. Ensuring that clients receive quality services is a constant priority. The Township General Assistance Office has opted to participate in a catastrophic insurance program to eliminate possible financial hardship related to the payment of medical bills. 23 of 447 13 EMERGENCY ASSISTANCE PROGRAM: Emergency Assistance Services are provided to non-eligible General Assistance clients who meet the established criteria for the services. The services include payment of delinquent rent, mortgage and assessments, utility payments and emergency food vouchers. 24 of 447 14 ASSESSOR’S BUDGET THE ASSESSOR’S OFFICE The Evanston Township Assessor’s office works as an adjunct to the Cook County Assessor, whose stated mission is “to serve the public professionally and responsibly by establishing fair and accurate assessments, seeking equitable tax policies and communicating this information simply and understandably.” Specifically, the mission is to serve Evanston Township taxpayers by assisting them in securing exemptions, preparing and filing assessment appeals, correcting property description errors, researching all available information pertinent to their properties. Our goal is to educate taxpayers about all aspects of Cook County’s unique property tax system and its procedures. Illinois state laws mandate that each of Cook County’s 30 suburban Township Assessors maintain up-to-date records of all sales transfers, building permits, and other changes and factors that could affect the Market Valuation of each property. The City of Evanston issues building permits to build, renovate or improve properties. Our office records the specifics of the permits and forwards them to the Cook County Assessor. The City of Evanston also issues Sales Transfer Declarations which indicate the sales prices of properties. The originals are first sent to the Cook County Recorder of Deeds and then are returned to the Evanston Township Assessor for inclusion in the computer database and files in the local office. 25 of 447 15 SUPERVISOR’S OFFICE/ COMMUNITY ACTION PROGRAMS 26 of 447 16 THE TOWNSHIP SUPERVISOR’S OFFICE The Supervisor is the chief executive officer of the Township. The Supervisor serves as supervisor of General Assistance. The Supervisor has numerous financial reporting responsibilities, and is also the treasurer of all Township funds. The Supervisor receives and pays out all moneys raised in the Township. The Supervisor must keep a just and true account of the receipts and expenditures of all moneys that come into the Supervisor’s possession by virtue of the office. The budget for the Supervisor’s office comes from the Town Fund. The Supervisor’s budget includes two major line items: An accountant and auditor. Also, all of the Township membership dues, educational conferences, meetings and salary for the Supervisor are included in this budget. Neither the Supervisor’s Office nor the Township employs any staff. The staff supervised by the Supervisor is employed by the General Assistance Program and funded from the General Assistance Fund. The Supervisor also currently oversees the direction of the community action activities funded by the Township as well as the Community Purchase of Services Agreements in an agreement with the City of Evanston. The Township budget has a proposed amount of $45,650.00 for community action initiative and $86,600.00 for Community Purchase of Service Agreements from local not-for profit organizations. 27 of 447 17 THE ORDINANCE 28 of 447 18 TOWNSHIP OF EVANSTON GA FUND CASELOAD PROJECTIONS/ CLIENT PAYMENTS 29 of 447 19 TOWNSHIP OF EVANSTON BUDGET FY2012-2013 GA FUND Caseload Projections Budget Account # Descriptions FY2012-2013 Case Projection #100 Monthly Maximum Grant Allowable : $500.00 Projected (Rent) $160,000.00 Projected (Personal) $327, 000.00 Client Other Needs $ 400.00 50/50 Program $ 3,000.00 Client Contractual Services $ 94,125.00 Total Client Payments $584,525.00 30 of 447 20 THE ORDINANCE 31 of 447 21 THE TOWN OF THE CITY OF EVANSTON BUDGET 2012-2013 32 of 447 Evanston Township General Assistance Office Fiscal Year EndingGeneral Assistance Fund - Revenue & Expenditures 03/31/20134/1/20113/31/2012BudgetProposedDescriptionEstimated Actual 2011-2012Variance2012-2013==================================================================================================================Previous Tax Year Levy1,049,407.00$ 986,553.00$ 62,854.00$ 886,553.00$ Interest613.00$ 1,500.00$ (887.00)$ 300.00$ SSI Reimbursement5,400.00$ 15,000.00$ (9,600.00)$ 7,500.00$ Other/Miscellaneous43.00$ -$ 43.00$ -$ Transfer from GA Fund Balance24,153.00$ 192,105.00$ (167,952.00)$ 385,000.00$ ================================================================================ Total Revenue1,079,616.00$ 1,195,158.00$ (115,542.00)$ 1,279,353.00$ ================================================================================GA Client Expenditures430,327.00$ 546,041.00$ 115,714.00$ 584,525.00$ GA Payroll270,986.00$ 270,657.00$ (329.00)$ 271,064.00$ GA Administrative Expenses269,796.00$ 276,210.00$ 6,414.00$ 282,565.00$ GA WOP Expenditures7,887.00$ 9,000.00$ 1,113.00$ 8,500.00$ GA Medical Expenditures65,416.00$ 54,750.00$ (10,666.00)$ 76,600.00$ GA Emergency Assistance Services35,204.00$ 38,500.00$ 3,296.00$ 54,500.00$ ================================================================================ Total Expenditures1,079,616.00$ 1,195,158.00$ 115,542.00$ 1,277,754.00$ ================================================================================ Net Income (Loss)-$ -$ -$ 1,599.00$ ================================================================================Page 1 of 1533 of 447 CLIENT EXPENSES Evanston Township General Assistance Office Fiscal Year EndingGeneral Assistance Fund - Revenue & Expenditures 03/31/20124/1/20113/31/2012BudgetProposedDescriptionEstimated Actual 2011-2012Variance2012-2013==================================================================================================================Rent Expense145,816.00$ 200,000.00$ 54,184.00$ 160,000.00$ Personal Expense201,407.00$ 240,000.00$ 38,593.00$ 327,000.00$ Other Needs313.00$ 250.00$ (63.00)$ 400.00$ 50/50 Program-$ 3,000.00$ 3,000.00$ 3,000.00$ Client Contractual Services82,791.00$ 102,791.00$ 20,000.00$ 94,125.00$ ================================================================================ Total Expenditures430,327.00$ 546,041.00$ 115,714.00$ 584,525.00$ ================================================================================Page 2 of 1534 of 447 GA PAYROLL Evanston Township General Assistance Office Fiscal Year EndingGeneral Assistance Fund - Revenue & Expenditures 03/3/120134/1/20113/31/2012BudgetProposedDescriptionEstimated Actual 2011-2012Variance2012-2013==================================================================================================================Executive Director72,284.00$ 72,284.00$ -$ 72,284.00$ Office Manager43,600.00$ 43,600.00$ -$ 43,600.00$ EAS Manager/Case Worker33,500.00$ 33,500.00$ -$ 33,500.00$ EAS Administrative Assistant14,309.00$ 13,902.00$ (407.00)$ 14,309.00$ Case Coordinator/WOP Counselor48,253.00$ 48,331.00$ 78.00$ 48,331.00$ Confidential Accounts/Personnel Manager59,040.00$ 59,040.00$ -$ 59,040.00$ ================================================================================ Total Expenditures270,986.00$ 270,657.00$ (329.00)$ 271,064.00$ ================================================================================Page 3 of 1535 of 447 GA ADMINISTRATIVE COSTS Evanston Township General Assistance Office Fiscal Year EndingGeneral Assistance Fund - Revenue & Expenditures 03/31/20124/1/20113/31/2012BudgetProposedDescriptionEstimated Actual 2011-2012Variance2012-2013==================================================================================================================Unemployment Tax State3,837.00$ 4,000.00$ 163.00$ 4,000.00$ FICA20,607.00$ 19,000.00$ 1,607.00$ 20,607.00$ IMRF21,136.00$ 20,000.00$ (1,136.00)$ 21,136.00$ Medical & Life Insurance78,161.00$ 65,000.00$ (13,161.00)$ 78,161.00$ General Insurance7,432.00$ 7,000.00$ (432.00)$ 7,500.00$ Supplies12,681.00$ 14,000.00$ 1,319.00$ 10,000.00$ Postage2,053.00$ 1,500.00$ (553.00)$ 2,200.00$ Printing & Duplicating1,338.00$ 2,000.00$ 662.00$ 1,500.00$ Contract Services19,970.00$ 30,000.00$ 10,030.00$ 20,000.00$ Payroll Processing2,093.00$ 2,500.00$ 407.00$ 2,200.00$ Membership/Dues/Subs.1,301.00$ 600.00$ (701.00)$ 1,301.00$ Advertising-$ 2,000.00$ 2,000.00$ -$ Data Processing8,398.00$ 10,000.00$ 1,602.00$ 5,000.00$ Training-$ 2,500.00$ 2,500.00$ 1,000.00$ Seminars & Conferences2,779.00$ 2,500.00$ (279.00)$ 2,500.00$ Staff Travel & Mileage819.00$ 1,500.00$ 681.00$ 1,000.00$ Page 4 of 1536 of 447 GA ADMINISTRATIVE COSTS Evanston Township General Assistance Office Fiscal Year EndingGeneral Assistance Fund - Revenue & Expenditures 03/31/20134/1/20113/31/2012BudgetProposedDescriptionEstimated Actual 2011-2012Variance2012-2013==================================================================================================================Phone8,214.00$ 10,500.00$ 2,286.00$ 9,000.00$ Utilities9,174.00$ 11,000.00$ 1,826.00$ 10,000.00$ Equipment Purchase1,364.00$ 2,000.00$ 636.00$ 17,500.00$ Rent64,809.00$ 64,810.00$ 1.00$ 64,810.00$ Storage Rental2,270.00$ 2,200.00$ (70.00)$ 1,250.00$ Contingency-$ 500.00$ 500.00$ 500.00$ Bank Fees1,359.00$ 1,100.00$ (259.00)$ 1,400.00$ Total Expenditures269,796.00$ 276,210.00$ 6,414.00$ 282,565.00$ ================================================================================ Page 5 of 1537 of 447 WOP PROGRAM Evanston Township General Assistance Office Fiscal Year EndingGeneral Assistance Fund - Revenue & Expenditures 03/31/20134/1/20113/31/2012BudgetProposedDescriptionEstimated Actual 2011-2012Variance2012-2013==================================================================================================================Client Uniforms/Shoes-$ 500.00$ 500.00$ 250.00$ Client Other Needs113.00$ 500.00$ 387.00$ 250.00$ Client Transportation5,710.00$ 6,000.00$ 290.00$ 6,000.00$ Equipment Purchase2,064.00$ 2,000.00$ (64.00)$ 2,000.00$ Total Expenditures7,887.00$ 9,000.00$ 1,113.00$ 8,500.00$ ================================================================================Page 6 of 1538 of 447 CLIENT MEDICAL Evanston Township General Assistance Office Fiscal Year EndingGeneral Assistance Fund - Revenue & Expenditures 03/31/20134/1/20113/31/2012BudgetProposedDescriptionEstimated Actual 2011-2012Variance2012-2013==================================================================================================================Hospital Inpatient238.00$ 10,000.00$ 9,762.00$ 5,000.00$ Hospital Outpatient319.00$ 4,000.00$ 3,681.00$ 1,000.00$ All Other Physicians1,266.00$ 3,000.00$ 1,734.00$ 1,500.00$ Drugs43,587.00$ 15,000.00$ (28,587.00)$ 45,000.00$ Other Medical4,376.00$ 10,000.00$ 5,624.00$ 5,000.00$ Glasses/Eye Exam/Treatment822.00$ 1,000.00$ 178.00$ 1,000.00$ Emergency Room Physician333.00$ 250.00$ (83.00)$ 400.00$ Psych Outpat/Mental Assessment7,843.00$ 3,500.00$ (4,343.00)$ 10,000.00$ Transport/Ambulatory Services-$ 500.00$ 500.00$ 500.00$ Catastrophic Insurance3,175.00$ 3,500.00$ 325.00$ 3,200.00$ X-Rays3,457.00$ 4,000.00$ 543.00$ 4,000.00$ Total Expenditures65,416.00$ 54,750.00$ (10,666.00)$ 76,600.00$ ================================================================================ Page 7 of 1539 of 447 EAS SERVICES Evanston Township General Assistance Office Fiscal Year EndingGeneral Assistance Fund - Revenue & Expenditures 03/31/20124/1/20113/31/2012BudgetProposedDescriptionEstimated Actual 2011-2012Variance2012-2013==================================================================================================================Housing Assistance27,784.00$ 30,000.00$ 2,216.00$ 40,000.00$ Food Assistance1,179.00$ 2,500.00$ 1,321.00$ 2,500.00$ Utilities6,241.00$ 6,000.00$ (241.00)$ 12,000.00$ Total Expenditures35,204.00$ 38,500.00$ 3,296.00$ 54,500.00$ ================================================================================Page 8 of 1540 of 447 Evanston Township Fiscal Year EndingTown Fund - Revenue & Expenditures 03/31/20134/1/20113/31/2012BudgetProposedDescriptionEstimated Actual 2011-2012Variance2012-2013==================================================================================================================Property Tax Levy310,000.00$ 275,753.00$ 34,247.00$ 235,753.00$ Replacement Property Tax44,191.00$ 50,000.00$ (5,809.00)$ 50,000.00$ Transfer from Town Fund Balance-$ 20,000.00$ (20,000.00)$ 80,000.00$ Interest115.00$ -$ 115.00$ 300.00$ ================================================================================ Total Revenue354,306.00$ 345,753.00$ 8,553.00$ 366,053.00$ ================================================================================Assessor's Office153,296.00$ 152,539.00$ (757.00)$ 166,953.00$ Legal Fees2,075.00$ 5,000.00$ 2,925.00$ 5,000.00$ Supervisor73,153.00$ 85,519.00$ 12,366.00$ 61,734.00$ Community Purchased Services60,000.00$ 60,000.00$ -$ 86,600.00$ Community Action Programs41,653.00$ 42,650.00$ 997.00$ 45,650.00$ Total Expenditures330,177.00$ 345,708.00$ 15,531.00$ 365,937.00$ Net Income (Loss)24,129.00$ 45.00$ 24,084.00$ 116.00$ ================================================================================Page 9 of 1541 of 447 ASSESSOR'S OFFICE Evanston Township Fiscal Year EndingTown Fund - Revenue & Expenditures 03/31/20134/1/20113/31/2012 BudgetProposedDescriptionEstimated Actual 2011-2012Variance2012-2013==================================================================================================================Assessor8,000.00$ 8,000.00$ -$ 8,000.00$ Deputy Assessor50,050.00$ 53,000.00$ 2,950.00$ 53,000.00$ Assessor's Assistant32,703.00$ 33,000.00$ 297.00$ 33,000.00$ Unemployment Tax-State2,569.00$ 3,000.00$ 431.00$ 3,000.00$ FICA/Medicare Tax Expense7,056.00$ 5,300.00$ (1,756.00)$ 7,056.00$ IMRF6,049.00$ 1,000.00$ (5,049.00)$ 6,049.00$ Medical & Life Insurance8,483.00$ 6,400.00$ (2,083.00)$ 18,469.00$ Supplies2,194.00$ 3,000.00$ 806.00$ 3,000.00$ Postage324.00$ 500.00$ 176.00$ 500.00$ Printing and Duplicating653.00$ 1,500.00$ 847.00$ 1,000.00$ Sid Well Maps-$ 400.00$ 400.00$ 400.00$ Contract Service 6,146.00$ 6,500.00$ 354.00$ 4,000.00$ Payroll Processing1,859.00$ 1,510.00$ (349.00)$ 1,900.00$ Dues & Subscriptions633.00$ 500.00$ (133.00)$ 650.00$ Page 10 of 1542 of 447 ASSESSOR'S OFFICE Evanston Township General Assistance Office Fiscal Year EndingTown Fund - Revenue & Expenditures 03/31/20134/1/20113/31/2012 BudgetProposedDescriptionEstimated Actual 2011-2012Variance2012-2013==================================================================================================================Travel/Education1,677.00$ 2,000.00$ 323.00$ 2,000.00$ Phone1,903.00$ 2,500.00$ 597.00$ 2,000.00$ Utilities2,767.00$ 3,500.00$ 733.00$ 3,000.00$ Equipment Maintenance1,930.00$ 3,000.00$ 1,070.00$ 2,000.00$ Equipment Purchase1,496.00$ 1,000.00$ (496.00)$ 1,000.00$ Rent16,679.00$ 16,679.00$ -$ 16,679.00$ Contingency125.00$ 250.00$ 125.00$ 250.00$ Total Expenditures153,296.00$ 152,539.00$ (757.00)$ 166,953.00$ ================================================================================Page 11 of 1543 of 447 SUPERVISOR'S OFFICE Evanston Township Fiscal Year EndingTown Fund - Revenue & Expenditures 03/31/20134/1/20113/31/2012 BudgetProposedDescriptionEstimated Actual 2011-2012Variance2012-2013==================================================================================================================Supervisor Salary13,400.00$ 13,400.00$ -$ 13,400.00$ FICA/Medicare1,025.00$ 1,165.00$ 140.00$ 1,100.00$ IMRF1,052.00$ 376.00$ (676.00)$ 1,052.00$ Legal166.00$ 1,500.00$ 1,334.00$ 500.00$ Auditing Services20,000.00$ 22,250.00$ 2,250.00$ 20,000.00$ Accounting Services29,784.00$ 31,278.00$ 1,494.00$ 14,982.00$ Dues & Subscriptions5,374.00$ 5,500.00$ 126.00$ 5,500.00$ Travel/Conference2,197.00$ 4,000.00$ 1,803.00$ 2,500.00$ Equipment Purchase-$ 2,000.00$ 2,000.00$ 2,000.00$ Contractual Services-$ 4,000.00$ 4,000.00$ -$ BankingFees155.00$ 50.00$ (105.00)$ 200.00$ Contingency-$ -$ -$ 500.00$ Total Expenditures73,153.00$ 85,519.00$ 12,366.00$ 61,734.00$ ================================================================================Page 12 of 1544 of 447 Evanston TownshipCOMMUNITY PURCHASED SERVICES Fiscal Year Ending 03/31/2013Town Fund - Revenue & Expenditures4/1/20113/31/2012BudgetProposedEstimated Actual 2011-2012Variance2012-2013Description==================================================================================================================Childcare Network of Evanston15,000.00$ 5,000.00$ (10,000.00)$ 10,000.00$ Legal Assistance Foundation-$ 5,000.00$ 5,000.00$ -$ Family Focus5,000.00$ 5,000.00$ -$ 10,000.00$ YOU5,000.00$ 5,000.00$ -$ 10,000.00$ James Moran Center5,000.00$ 5,000.00$ -$ 10,000.00$ Housing Options5,000.00$ 5,000.00$ -$ 10,000.00$ Shore Community Services5,000.00$ 5,000.00$ 10,000.00$ Evanston Northshore YWCA-$ -$ -$ 6,600.00$ Child Care Center of Evanston-$ 5,000.00$ 5,000.00$ -$ Connections For The Homeless5,000.00$ 5,000.00$ -$ 10,000.00$ Infant Welfare Soceity5,000.00$ 5,000.00$ -$ 10,000.00$ North Shore Senior Services5,000.00$ 5,000.00$ -$ 10,000.00$ Metropolitan Family Services5,000.00$ 5,000.00$ -$ 10,000.00$ Total Expenditures60,000.00$ -$ 86,600.00$ Page 13 of 1545 of 447 Evanston TownshipCOMMUNITY PURCHASED SERVICES Fiscal Year Ending 03/31/2013Town Fund - Revenue & Expenditures4/1/20113/31/2012BudgetProposedEstimated Actual 2011-2012Variance2012-2013DescriptionCommunity Action Programs11,020.00$ 12,000.00$ 980.00$ 15,000.00$ Veteran Services633.00$ 650.00$ 17.00$ 650.00$ Summer Youth Program30,000.00$ 30,000.00$ -$ 30,000.00$ ================================================================================ Total Expenditures41,653.00$ 42,650.00$ 997.00$ 45,650.00$ ================================================================================GeneralTown Fund - Revenue & Expenditures 4/1/20113/31/2012BudgetProposedEstimated Actual 2011-2012Variance2012-2013Description2,075.00$ 5,000.00$ 2,925.00$ 10,000.00$ Legal Services Total Expenditures2,075.00$ 5,000.00$ 2,925.00$ 10,000.00$ ================================================================================Page 14 of 1546 of 447 Page 15 of 1547 of 447 For Evanston Town Board meeting of May 29, 2012 Agenda Item #4A Operational Next Steps For Action To: Honorable Mayor and Members of the Town Board From: Wally Bobkiewicz, City Manager Subject: Township of Evanston – Operational Next Steps Date: May 22, 2012 Recommended Action: Staff recommends that the Town Board consider operational next steps for the Township of Evanston and provide direction to staff, as appropriate. Summary: On March 20, 2012, the electors of Evanston Township considered a non binding measure asking: “Should the Evanston Township Board continue to pursue the issue of dissolving Evanston Township?” The measure was approved with 67% of voters agreeing with the measure. Staff is requesting that the Town Board provide direction on next steps in the dissolution or operational change for Evanston Township. I believe there are several approaches (or combinations thereof) the Town Board may take in this matter. 1. Continue to Petition the Illinois General Assembly to Pass Legislation Allowing Evanston Township to Hold Binding Election on Township Dissolution: In February, 2012, State Senator Jeff Schoenberg introduced Senate Bill 2874 which would have allowed for binding election on Evanston Township dissolution and made other changes to law allowing the City of Evanston to assume to functions of Evanston Township. This bill was never heard in the State Senate and did not move forward. Staff could request that a member of the Evanston General Assembly delegation re-introduce this legislation during the remainder of the current General Assembly or introduce a new bill in January, 2013. 2. Draft an Intergovernmental Agreement between the City of Evanston and the Township of Evanston for the Provision of Township Services: Staff could be directed to develop an agreement between the Township and the City for the Memorandum 48 of 447 Page 2 of 2 provision of Township services. This could include the General Assistance program as well as property assessment services. The Township would no longer have any appointed staff and all services would be provided as determined by the City. This approach would allow for maximum savings in regard to all overhead costs. In addition to the Township Board such an Intergovernmental Agreement would likely also need to be approved by the Township Supervisor pursuant to Illinois Township Law. 3. Continue Informal Intergovernmental Cooperation Between the City of Evanston and the Township of Evanston: City staff, the Township Supervisor and the Township Assessor continue to discuss ways for the City and Township to work together to allow the Township to save money on administrative expenses. This includes costs for information technology, accounting, storage and other like expenses. City and Township officials have also begun preliminary discussions on the relocation of the Township to the Civic Center at the conclusion of the Township’s lease on its current offices in Fall, 2013. These informal discussions have not included any changes or reduction to staffing of the Township. The Town Board could direct staff generally or specifically to continue these discussions. 4. Do Nothing: The Town Board could decline to direct staff to any further action on this matter. City staff is recommending that the Town Board consider this matter this evening and provide direction as appropriate. 49 of 447 For Evanston Town Board meeting of May 29, 2012 Agenda Item 4B Rules for Town Board of Evanston Township For Action To: Honorable Mayor and Members of the City Council From: W. Grant Farrar, Corporation Counsel Subject: Proposed Rules of the City Council when sitting as the Town Board of Evanston Township Date: May 29, 2012 Recommended Action: Staff submits for consideration proposed rules for the City Council when sitting as the Town Board of Evanston Township. Funding Source: n/a Summary: In an effort to provide clarification on the procedural aspects when the Council sits as the Town Board in a Town Board meeting, staff prepared the following suggested rules of procedure. Town Clerk Greene reviewed the proposed Rules. In summary, the Rules provide that the Mayor moderates all Town Board meetings, that the City Manager has the right to participate in the meetings, and that calendaring of regular Town Board meetings is provided for. Legislative History: n/a Alternatives: n/a ------------------------------------------------------------------------------------- Attachment: Proposed Rules Memorandum 50 of 447         Rules and Organization   of the City Council of the  City of Evanston when  Presiding as the Town Board  of Evanston Township      May 29, 2012 51 of 447 Rules and Organization of the Evanston City Council sitting as the Evanston Town Board  ~1~   TABLE OF CONTENTS      page 1.     ADOPTION AND INCORPORATION OF CITY COUNCIL  RULES VIA REFERENCE  2 2.     AGENDA: ORDER AT TOWN BOARD MEETINGS 2 3.     CITIZEN PARTICIPATION 3 4.     ROLE OF HUMAN SERVICES COMMITTEE 3 5.     GENERAL PROVISIONS 3 6.     MAYOR 3 7.     MEETINGS OF TOWN BOARD 4 52 of 447 Rules and Organization of the Evanston City Council sitting as the Evanston Town Board  ~2~ 1. ADOPTION AND INCORPORATION OF CITY COUNCIL RULES VIA  REFERENCE   1.1 The Rules of the City of Council of the City of Evanston (“City Council  Rules”), as amended from time to time, are hereby adopted as the Rules of the  Town Board of Evanston Township (“Town Board Rules”).  Said Rules are  incorporated via reference as if fully set forth herein.  To the extent said Rules are  inconsistent with any Rule set forth herein, the Town Board Rules shall govern.     2. AGENDA:  ORDER AT TOWN BOARD MEETINGS     2.1 The Aldermen and Mayor of the Evanston City Council are the Trustees of  the Town of the City of Evanston, and all matters relating to Township affairs  may be considered and acted upon by the City Council acting as the Town Board  of Trustees.  The first order of business at each meeting of the Evanston Town  Board (the “Board”) shall be the calling of the roll of Township Trustees by the  Town Clerk, who shall mark the absentees and announce whether a quorum is  present; the Town Board shall then be called to order by the Mayor.  The Mayor  shall preside over all meetings of the Town Board.  The Board shall proceed to the  business before it, which shall normally be conducted in the following order.  The  Mayor or the Board may vary the order of business:    A. Mayor and City Manager Public Announcements.    B. Communications addressed to the Board.    C. Citizen Comment.    D. Report of Human Services Committee.    E. Consent Agenda and approval of the minutes of the preceding  meeting.    F. Executive Session.    2.2 All matters relating to priority of business shall be decided by the Mayor  without debate.    2.3 The Mayor shall preserve order and decorum and shall decide all questions  of order.    53 of 447 Rules and Organization of the Evanston City Council sitting as the Evanston Town Board  ~3~ 2.4 In the case of disturbance or disorderly conduct the Mayor shall have the  power:  (1) to remove the offenders; (2) to clear the Council Chamber of all  spectators; or (3) to suspend or adjourn the meeting.    2.5 The City Manager shall be permitted to act as a special liaison between the  City and the Board, and shall answer questions and provide information to the  Mayor and Board upon request.  The City Manager shall attend all Town Board  meetings with the right to participate in discussion.    3. CITIZEN PARTICIPATION    3.1 The Board, as part of the agenda, shall, at the commencement of each  regular Board meeting, provide a period for Citizen Comment.  Interested persons  shall sign their name, address and the agenda item or other topic to be addressed  on a designated citizen participation sheet.  A speaker may address the Board for  no more than three minutes.  The maximum time period for citizen participation is  twenty minutes.  If there are more than 15 speakers, the Mayor will allocate time  among the speakers to ensure that citizen comment does not exceed twenty (20)  minutes.  The business of the Board shall commence no later than twenty (20)  minutes after the beginning of Citizen Comment.     3.2 Persons who sign up to speak on an agenda item marked for decision at  this meeting may be given priority and should indicate an agenda item or subject  to be addressed.     3.3 A person invited to address the Board as specified herein, when accorded  the floor, shall limit comments to include items within the jurisdiction of the Board   as determined by the Mayor and be governed by these rules to the extent  applicable.  Citizen comment shall not be, and is not intended to, take the place of  comments elicited from Township Electors at the Annual Town Meeting.    3.4 During periods of citizen participation, comments from Township Trustees   shall be limited to requests for information, referrals to the appropriate committee,  or to the City Manager for response.    4. ROLE OF HUMAN SERVICES COMMITTEE     4.1 Open Meetings.  All regular and special meetings of the Human Services  Committees shall be open to the public and to the press, except when meeting in  closed session as authorized by the statutes of the State of Illinois.  54 of 447 Rules and Organization of the Evanston City Council sitting as the Evanston Town Board  ~4~   4.2 Human Services Committee (five (5) Aldermen/Township Trustees).  The  duties of this committee shall include matters relating to the Township and will sit  as the standing committee for the Township when dealing with all matters related  to the Township.  The Human Services Committee shall meet on the first Monday  of each month.      5. GENERAL PROVISIONS    5.1 The powers of the Town Board shall be purely legislative.    5.2 The Town Board shall review and approve for payment all expenses and  liabilities of the Township.    6. MAYOR    6.1 The Mayor is the presiding officer at all meetings of the Town Board.    6.2 The Mayor may exercise the same voting and veto powers as the presiding  officer of the Town Board, such powers which are set forth in the Evanston City  Code, sections 1‐6‐3 and 1‐6‐4.      6.3  An Acting Mayor or Mayor pro tem shall not be accorded the voting  privilege of Mayor; however nothing in this section may deprive an Acting Mayor  or Mayor pro tem of the voting privilege of Township Trustee.    6.4 The Mayor shall at all times have access to any and all records, documents,  and information relative to any and all functions of the Township as allowed by  law.    7. MEETINGS OF THE TOWN BOARD    7.1 All meetings of the Board shall be open to the public and the press, with  the exception of closed sessions as specified in the Open Meetings Act, 5 ILCS  120/2.  The Town Board pursuant to 60 ILCS 1/80‐10 may meet on such dates and  at such times as approved by the Town Board at the beginning of the calendar  year.  Such meetings shall convene upon proper public notice in accordance with  the Open Meetings Act.   Upon request of the Mayor or of any 2 Township  Trustees, the Town Clerk shall call a Special Town Board meeting at the time  55 of 447 Rules and Organization of the Evanston City Council sitting as the Evanston Town Board  ~5~ requested and shall furnish to the Township Trustees at least 48 hours’ notice of  the meeting.      For purposes of this Rule, if discussion is had during an open meeting of the   City Council regarding the need for a Special Town Board meeting, and it is  announced by the City Council that a special meeting of the Town Board is  required, that agreement to convene the meeting shall dispense with the  requirement that a call be prepared.  Any such meeting shall comply with the  agenda and notice requirements set forth in the Open Meetings Act.      7.2 A quorum of the Town Board shall be six (6) members of the Town Board  including the Mayor, acting Mayor or Mayor pro tem, currently holding office.      7.3 The Rules of the Town Board herein shall not be construed to conflict with  the statutory requirements of the Annual Town Meeting of Evanston Township.  56 of 447 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Tuesday, April 16, 2012 Roll Call: Alderman Tendam Alderman Braithwaite Alderman Grover Alderman Wynne Alderman Rainey Alderman Wilson Alderman Burrus Alderman Holmes Alderman Fiske Presiding: Mayor Elizabeth B. Tisdahl The Mayor called the Regular Meeting of the City Council to order after a Roll Call was accomplished and the quorum was established at 7:06 PM. Mayor Proclamations and Public Announcements: Mayor Tisdahl announced and proclaimed that April 15-21, 2012 would be National Volunteer Week. She then asked all of the volunteers who were present to come forward as she and the volunteers stood for a photo shot with the framed proclamation. City Manager Public Announcements: Mr. Bobkiewicz announced that Earth Day is upon us and called on Catherine Hurley to give an update of the upcoming activities. She stated this Sunday will be the 42nd Annual celebration of Earth Day in the United States. The City’s Official Earth Day will be this Saturday at the Ecology Center, with a cleanup from 9-noon and then followed by various activities. The ETHS jazz band will be supplying music for the day. At 1:30 the two Households that won the contest will be announced and presented with one year free electricity. Also April is cans for cash month as well as a list of other activities on the City’s website for your viewing pleasure. She then introduced Ms. Debra Poneman, of the Environmental Hall of Fame, who will share information about another award. Ms. Poneman stated the mission of the Environmental Hall of Fame is to empower, encourage, and reward individuals and communities for their efforts in supplying environmental sustainability. She presented framed certificates to Mayor Tisdahl and Allen Ruben, the founder of the Environmental Hall of Fame. She also mentioned a quilt that will be traveling all over the world and that Evanston will have its own quilt soon. Mayor Tisdahl then invited Ricky Recycle to come forward, and she mentioned the Mayor’s Summer Youth Employment Program interviews start this Saturday at 8 am. City Clerk had no communications: Citizen Comments: Carl Bova, 1322 Rosalie Street stated he agreed whole-heartedly with the staff for the approval by the City Council to direct the moving forward with the new salt dome. His reasons for supporting are: (1) It’s economical, (2) The chosen location is already proven 57 of 447 MINUTES April 16, 2012 2 and costs the City nothing, (3) The need has been well established, and (4) There were many various locations considered. Donna Spicuzza, 229 Wesley spoke of her concerns for the item SP2 the Yellow Line. She stated she could agree with the recommendation as it appears now, even though the report was very informative. She believes the construction of the new Yellow Line station would be at a great expense and an inconvenience to houses in the area and traffic. Mike Vasilko, 2728 Reese Ave. commented on the hands free cell phones and stated the Ordinance is no more distracting than other things people do in their cars, and he passed out a newspaper article addressing the use of hands free phones. Padma Rao, 2246 Sherman Avenue spoke again her concerns for the Kendall Project, Dissolution of the Township, accusations against the 8th ward Alderman and the attacks on her and her mother from the Council. She also talked about the City’s Legal Counsel Incompetence as well as her mentioning the issues with VEOLIA and the Keg. B.K. Rao, 2246 Sherman Avenue repeated many points of the previous speaker (her daughter). She also spoke of the Council’s duties and priorities towards the taxpayers.` Special Order of Business (SP1) Homelessness Task Force Report The Mayor’s Task Force on Homelessness and staff recommend City Council to Accept “Heading Home: Working to End Homelessness, A Five-Year Plan for the City of Evanston” For Action After the Chairperson’s presentation of the report Alderman Grover motioned to accept the report and it was seconded by a number of Aldermen. A Unanimous voice vote was received and the report was accepted. (SP2) CTA Yellow Line Infill Station Engineering Feasibility Study Staff recommends City Council’s acceptance of the findings of the CTA Yellow Line infill station engineering feasibility study. For Action Alderman Rainey motioned to accept the Feasibility Study that was presented that also acknowledged the assistance of Mr. Rajeev Dahal, and Mr. Tom Twigg (Senior Traffic Engineers) (SP3) Updated Report on the Construction of a New Replacement Salt Dome and Storage Facility Staff requests City Council approval to proceed with the design and construction of the salt dome/salt brine system to be located at the Municipal Service Center. Funding for the new salt dome, salt brine, and storage facility will be provided by CIP Account 416088 which has $460,000 budgeted for 2012. For Action Alderman Rainey motioned to accept the proposal of staff’s recommendation for the replacement of the Salt Dome and it was seconded. With a Voice Vote it was unanimous and so the recommendation was accepted. A motion to adjourn the meeting was made by Alderman Tendam and it was seconded as well. A Voice Vote was taken with a unanimous result and the meeting ended at 9:05 PM. Submitted by, Hon. Rodney Greene/City Clerk of Evanston 58 of 447 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, May 14, 2012 Roll Call: Alderman Burrus Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Alderman Grover Alderman Wynne Alderman Rainey Alderman Wilson Presiding: Mayor Elizabeth B. Tisdahl After the Roll Call and a quorum was evident Mayor Tisdahl called the meeting of the Public Hearing of the proposed redevelopment plan from the Community & Economic Development Department by Mr. Paul Zalmezak, Economic Development Coordinator along with Mr. Kane McKenna of McKenna and Associates concerning the “Dempster Dodge Tax Increment Financing District” meeting to order. After reading the reason for the Public Hearing Mayor Tisdahl called upon Mr. Bob Richlekey of Kane McKenna to give clarification of the public notices that were distributed. Mr. Richlekey reported that residents that were 750 feet from the proposed project were notified and all pertinent notices and documentation were properly submitted and the City was in conformity. The Mayor then asked the chairman of the Joint Review Board, Alderman Mark Tendam to present his report of the board. Alderman Tendam stated the time, date and place of the meeting of the board as well as the members present. He stated a recommendation of the plan was approved unanimously by the board members. Mayor Tisdahl then asked the City Clerk if there were any written comments submitted to the Clerk’s Office to be presented at this meeting, and the answer was there were none. Mr. Paul Zalmezak was asked to come forward to give a power-point over view of the TIF proposal. He pointed out some reason why have a TIF district and why now. Jeff Smith, 2724 Harrison spoke concerning the various businesses that came and went on this property and then stated he was opposed to the one ownership of the property. He also stated he believes that TIF’s are not great development tools and they have been overused in some areas including Evanston and he disagrees with the possible short term visualization of the property. Mr. Smith pointed out a variety of problems that he see with this proposal and the TIF will not solve the problems and he suggests the Council look at more possible tools. 59 of 447 MINUTES May 14, 2012 2 Mayor Tisdahl announced that the Public Meeting was now completed and asked for a motion to close the Public Hearing. A motion was made to close and it was seconded, with a unanimous voice vote the meeting ended. Mayor Public Announcements and Proclamations: Mayor Tisdahl announced the following proclamations: “National Preservation Month – May 2012”, “Older Americans’ Month – May 2012”, and “National Police Week – May 13 through May 19, 2012”. Mayor Tisdahl also announced the passing of John Myer former 6th ward Alderman for twelve years in the 60’s and 70’s, he was the founder of Rotary Club of Evanston Light House. City Manager Public Announcements Mr. Bobkiewicz announced the Economic Development Summit this Friday morning at 8:30 and on Saturday between 8 pm and 10 pm the City is hosting a Green Ball at the Ecology Center, with food, drinks live auctions and, live entertainment. Communications: City Clerk The Clerk had no communications to report. Citizen Comment Agenda Items Jeff Smith, 2724 Harrison spoke of his support of the Resolution 40-R-12. Elliott Zascin, 715 Asbury stated his support of the Rules Committee’s for formulating the Resolution 40-R-12 to overturn the decision of the Supreme Court. Darnel Johnson, 2424 Dempster stated he and his wife are in support of the Dempster/Dodge project, and that they will do everything in their power to make the project a success. Non-Agenda items Padma Rao, 2246 Sherman stated her concerns of the bills list showing $1,500 payment to Attorney Kasper for representing the Township but paid nothing to Attorney Pellini who had represented the Townships for over 20 years. She also spoke of her attempt to opt out of the Electric Aggregation proposal (keep in mind the contract had not been created at that time). She began speaking of the Ethics Committee’s decision of clearing first ward Alderman Fisk of any unethical acts, which she and her Lawyer disagrees with. Mayor Tisdahl stated the matter had been closed and she could not discuss it any longer. Ms. Rao stated the issue was still before the committee and being discussed, and so she could continue her mentioning it. The Mayor finally turned the mike off to the podium and after much debate back and forth the Mayor called for the Consent Agenda to be read instead of reading Alderman Rainey called for a recess that was also seconded and the Council went into recess for 10 minutes. Upon returning from the recess the debate between Ms. Padma Rao and the Mayor continued, it was the suggested to allow Ms. Rao one minute to complete her comments, which she did. B.K. Rao, 2246 Sherman spoke on freedom of speech and how the mike was cut off during her comments. This occurred because the Mayor did not want to hear the truth. 60 of 447 MINUTES May 14, 2012 3 Items not approved on Consent Agenda: (A3.3)Approval of Contract with Alpha Paintworks, Inc. for 2012 Fire Hydrant Painting (Bid 12-127) Staff recommends that City Council authorize the City Manager to execute a contract for the 2012 Fire Hydrant Painting to Alpha Paintworks, Inc. (6316 N. Cicero Avenue, Chicago, IL) in the amount of $24,140. Funding will be provided by the Water Fund, Account 7115.62230, which has a budget of $51,500. For Action (A7)Ordinance 40-O-12 Increasing One-Day Liquor License Fees Staff recommends approval of Ordinance 40-O-12 amending fees for one-day liquor licenses. Approval of the proposed ordinance would increase fees for all one-day liquor license classifications by 50%. This ordinance will implement revenue enhancement fee increases which were included in the City’s approved FY2012 Budget. This ordinance was introduced at the April 23, 2012 City Council meeting. For Action (P3)Ordinance 48-O-12 Granting Major Zoning Relief for Front Yard Parking and a Rear Yard Setback at 2627 Lincolnwood Drive City staff recommends the adoption of Ordinance 48-O-12 granting major zoning relief to rebuild an attached garage as livable space, establish one open parking space in the front yard, and construct a two story addition with a rear yard setback of 14.7’ where 30’ is required at 2627 Lincolnwood Drive. For Introduction (P4)Ordinance 39-O-12 Amending Portions of the Zoning Ordinance Related to Home Occupations Staff recommends City Council approval of Ordinance 39-O-12 as revised. Proposed Ordinance 39-O-12 amends the Zoning Ordinance to reflect the recommendations of the Plan Commission based on a referral of a previous draft of this proposed Ordinance by the P&D Committee during its February 13, 2012 meeting. For Introduction (P5)Ordinance 38-O-12 Amending Various Portions of the City Code Relating to Bed & Breakfast Establishments The Plan Commission recommends amending the Zoning Ordinance to modify the regulations concerning bed and breakfast establishments. The Commission and its Zoning Committee considered the recommended changes proposed in Ordinance 38-O- 12 during several meetings. This ordinance was held in Committee on April 23, 2012. For Introduction (H3)Approval of Harley Clarke Mansion “Request for Interest” Staff recommends authorization for the City Manager to issue a “Request for Interest” for the purchase or lease of the Harley Clarke Mansion, 2603 Sheridan Road. For Action 61 of 447 MINUTES May 14, 2012 4 (O1)Resolution 43-R-12 Authorizing the City Manager to Negotiate and Execute a Loan for the Improvements to Real Property Located at 2424 Dempster The Economic Development Committee and staff recommend City Council approval of Resolution 43-R-12 authorizing the City Manager to execute a loan agreement of up to $200,000 from the Economic Development Fund to Chicago’s Home of Chicken and Waffles for the adaptive reuse of the building located at 2424 Dempster in Evanston. For Action (O2)Resolution 40-R-12: City of Evanston’s Support of a Constitutional Amendment to Effectively Overturn the U.S. Supreme Court’s Conclusion in “Citizens United v. FEC” Relating to Constitutional Rights for Corporate Entities The Rules Committee recommends City Council consideration of Resolution 40-R-12. For Action CONSENT AGENDA (M1)Approval of Minutes of the Regular City Council Meeting of April 23, 2012 (M2)Approval of Minutes of the Special City Council Meeting of April 30, 2012 (M3)Approval of Minutes of the Special City Council Meeting of May 7, 2012 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1)City of Evanston Payroll through 04/22/12 $2,498,099.71 (A2)City of Evanston Bills FY2012 through 05/15/12 $4,650,484.85 Credit Card Activity through March 31, 2012 $ 125,968.23 (A3.1)Approval of Contract Renewal for CADS Software License and Service Agreement with SunGard Public Sector Staff recommends that the City Council authorize the City Manager to renew the annual sole source software license and service agreement with SunGard Public Sector (1000 Business Center Drive, Lake Mary, FL) for the Police Department’s CADS (Computer Aided Dispatch System) software in the amount of $70,304.25. Funding will be provided by the Emergency Telephone System account 5150.62509 with a budget of $75,000.00. For Action (A3.2)Approval of Contract with Golf Mill Ford Inc. for Ford Parts (Bid 12-118) Staff recommends that City Council authorize the City Manager to execute a one (1) year contract for the purchase of Ford OEM parts in the amount of $49,400 with Golf Mill Ford Inc. (9401 N. Milwaukee Avenue, Niles, IL). Funding will be provided by the FY 2012 Major Maintenance, Material to Maintain Autos Account, 7710.65060 in the amount of $49,400. For Action 62 of 447 MINUTES May 14, 2012 5 (A3.4)Approval of Contract with Chicagoland Paving for the Church Street Improvement Project and Dodge Avenue and Lake Street Streetscape Project (Bid 12-130) Staff recommends that City Council authorize the City Manager to execute a contract for the Church Street Improvement Project and Dodge Avenue and Lake Street Streetscape Contract to Chicagoland Paving (225 Telser Road, Lake Zurich, IL) in the amount of $899,900. Funding will be provided from West Evanston TIF Funds, which has a budgeted amount of $860,000. Staff requests approval of an additional $40,000 of TIF Funds for this project. For Action (A3.5)Approval of Contract with HBRA Architects, Inc. for Downtown Evanston Performing Arts District Study (RFP 12-125) Staff recommends that City Council authorize the City Manager to execute a contract with HBRA Architects, Inc. (372 West Ontario Street, Chicago, IL) in the amount of $100,000 to conduct a detailed planning and architectural study of potential locations for performing arts venues in Downtown Evanston (RFP 12-125). Funding will be provided by a $50,000 National Endowment for the Arts Our Town Grant and $25,000 from the Washington National Tax Increment Financing (TIF) District and $25,000 from the Evanston Economic Development Fund. For Action (A4.1)Approval of Change Order No. 1 for 2012 Cured-In-Place-Pipe Lining Contract with American Pipe Liners, Inc. (Bid 12-101) Staff recommends that the City Council authorize the City Manager to execute Change Order Number 1, in the not-to-exceed amount of $37,623, to the agreement with American Pipe Liners, Inc. for the 2012 Cured-In-Place Pipe Lining Contract A (Bid 12- 101). Funding will be provided from the Sewer Fund, Account 7420.65515, which has an allocation of $428,000 for sewer improvements on streets being resurfaced. For Action (A4.2)Approval of Change Order No. 2 with Camp Dresser and McKee, Inc. for Engineering Services on the 1964 Filter Addition Rehabilitation Project (RFP 10-103) Staff recommends that the City Council authorize the City Manager to execute Change Order Number 2, in the not-to-exceed amount of $15,300, to the agreement with Camp Dresser and McKee, Inc. (CDM) to provide engineering services for the 1964 Filter Addition Rehabilitation project. This will increase the agreement amount from $316,752 to $332,052. This project is funded from the Water Fund, Account 733048. For Action (A5)Resolution 36-R-12 Authorizing the Renewal of the Lease of the Computer Lab in Main Library to Workforce Board of Northern Cook County Staff recommends City Council approval of Resolution 36-R-12 authorizing the City Manager to negotiate and sign the lease agreement by and between the City of Evanston and Workforce Board of Northern Cook County, a non-profit corporation, for the lease of a computer lab in the Main Library. The lease will be for a one-year term 63 of 447 MINUTES May 14, 2012 6 (May 15, 2012 through May 14, 2013) at a rental rate of $17,760 per year (a 2% increase). For Action (A6)Ordinance 49-O-12, Increasing the Number of Class C Liquor Licenses to Permit Issuance to NSB Ventures LLC, d/b/a The Alcove The Local Liquor Commissioner recommends adoption of Ordinance 49-O-12, which amends Subsection 3-5-6-(C) of the Evanston City Code of 1979, as amended, to increase the number of Class C liquor licenses from 28 to 29 to permit issuance to NSB Ventures LLC, d/b/a The Alcove, 512 Main Street. For Introduction (A8)Ordinance 46-O-12 Increasing Minimum Penalties for General Non-Parking Ordinance Violations Staff recommends approval of Ordinance 46-O-12 amending minimum fines for general C-Ticket / Administrative Adjudication violations (non-parking ordinance violations). Approval of the proposed ordinance would increase the minimum penalty for general C- Ticket / Administrative Adjudication fines by $10. This ordinance will implement revenue enhancement fee increases which were included in the City’s approved FY2012 Budget. This ordinance was introduced at the April 23, 2012 City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE (P1)Resolution 42-R-12 Authorizing the City Manager to Execute an Assignment of a Real Estate Contract for the Purchase of Real Property at 1600 Foster Avenue, Evanston Staff recommends approval of Resolution 42-R-12 authorizing the City Manager to execute an assignment of a real estate contract for the purchase of 1600 Foster Avenue, Evanston for $1,500,000. Funding will be provided by the City’s $18.15 million Neighborhood Stabilization Program 2 Grant. The acquisition of the property at 1600 Foster (“Bishop Freeman Property”) is recommended to implement the first phase of Emerson Square, a new mixed-income housing development. For Action (P2)Approval of a One Year Extension for Planned Development at 1915-1919 Grey Avenue Staff recommends that the City Council approve a one year extension of the adopted Planned Development for the construction of a four unit building by Brinshore Development, to be located on the currently vacant parcel at 1915-1919 Grey Avenue. For Action (P6)Ordinance 36-O-12 Granting a Major Variation and Special Use Permits for a Planned Development and Drive-Through Facility Located at 635 Chicago Avenue (“Walgreens”) 64 of 447 MINUTES May 14, 2012 7 Plan Commission and City staff recommend the adoption of Ordinance 36-O-12, granting planned development approval, a special use permit for the proposed drive thru (replacing the existing drive thru) and approval of a major variation for the proposed new Walgreens at 635 Chicago Avenue. Zoning Board of Appeals recommends approval of the special use for the drive thru and recommends denial of the major variation. This ordinance was introduced at the April 23, 2012 City Council meeting. For Action (P7)Ordinance 42-O-12 Granting a Special Use for a Commercial Indoor Recreation Facility at 2125 Ashland Avenue Zoning Board of Appeals and City staff recommend the adoption of Ordinance 42-O-12 granting a special use permit for the operation of a Commercial Indoor Recreation Facility at 2125 Ashland Avenue. The applicant has complied with all zoning requirements and meets all of the standards of a special use for this District. CrossFit e- Town will only offer personal strength and conditioning in individual or small group classes. This ordinance was introduced at the April 23, 2012 City Council meeting. For Action HUMAN SERVICES (H1)Approval of Township of Evanston April 2012 Payroll and Bills Township of Evanston Supervisor recommends that City Council approve the Township of Evanston bills, payroll, and medical payments for the month of April 2012 in the amount of $118,278.54. Funding is provided by the Township budget. For Action (H2)Approval of Emergency Solutions Grant Program (ESG) – Substantial Amendments to the 2011 and 2012 Annual Action Plans of the 2012-2014 Consolidated Plan The Human Services Committee and staff recommend City Council approval of the substantial amendments to the 2011 and 2012 Action Plans, including the funding allocations to individual agencies. The 2011 substantial amendment must be submitted to HUD on May 15, 2012. For Action (APP1)For Appointment to: Housing and Community Development Act Committee Jeannie Sanke Alderman Rainey motioned for the Consent Agenda to be approved, and it was seconded with a 9-0 Roll Call vote. 65 of 447 MINUTES May 14, 2012 8 Items for discussion (A3.3)Approval of Contract with Alpha Paintworks, Inc. for 2012 Fire Hydrant Painting (Bid 12-127) Staff recommends that City Council authorize the City Manager to execute a contract for the 2012 Fire Hydrant Painting to Alpha Paintworks, Inc. (6316 N. Cicero Avenue, Chicago, IL) in the amount of $24,140. Funding will be provided by the Water Fund, Account 7115.62230, which has a budget of $51,500. For Action Alderman Burrus motioned for approval and acknowledged Alderman Grover to speak. Alderman Grover stated she explored other options than purple and suggested to keep the color the same. Alderman Tendam suggested the area around the University to be painted purple and not throughout the City. Alderman Fiske suggested to keep them red do to the many business who also have colors connected with their businesses. The final decision was to approve the motion as is. A Roll Call vote was rendered with a 9-0 vote to approve and the motion was passed. (A7)Ordinance 40-O-12 Increasing One-Day Liquor License Fees Staff recommends approval of Ordinance 40-O-12 amending fees for one-day liquor licenses. Approval of the proposed ordinance would increase fees for all one-day liquor license classifications by 50%. This ordinance will implement revenue enhancement fee increases which were included in the City’s approved FY2012 Budget. This ordinance was introduced at the April 23, 2012 City Council meeting. For Action Alderman Burrus motioned for approval and it was seconded. Alderman Grover stated she would not support the Ordinance. Alderman Rainey suggested since it is such a small amount of she would support the action. A Roll Call vote was taken with a 5-4 result and the motion passed. (Aldermen Holmes, Tendam, Burrus, Grover voted nay). (P3)Ordinance 48-O-12 Granting Major Zoning Relief for Front Yard Parking and a Rear Yard Setback at 2627 Lincolnwood Drive City staff recommends the adoption of Ordinance 48-O-12 granting major zoning relief to rebuild an attached garage as livable space, establish one open parking space in the front yard, and construct a two story addition with a rear yard setback of 14.7’ where 30’ is required at 2627 Lincolnwood Drive. For Introduction Alderman Holmes motioned to suspend the rules and it was seconded. Alderman Fisk wanted to know why the rules were being suspended. A voice vote was taken which was not unanimous so the motion to suspend the rules failed. The motion stood as being introduced only. (P4)Ordinance 39-O-12 Amending Portions of the Zoning Ordinance Related to Home Occupations Staff recommends City Council approval of Ordinance 39-O-12 as revised. Proposed Ordinance 39-O-12 amends the Zoning Ordinance to reflect the recommendations of 66 of 447 MINUTES May 14, 2012 9 the Plan Commission based on a referral of a previous draft of this proposed Ordinance by the P&D Committee during its February 13, 2012 meeting. For Introduction Alderman Holmes stated the committee recommended to the staff to find best ways to license other commercial businesses. (P5)Ordinance 38-O-12 Amending Various Portions of the City Code Relating to Bed & Breakfast Establishments The Plan Commission recommends amending the Zoning Ordinance to modify the regulations concerning bed and breakfast establishments. The Commission and its Zoning Committee considered the recommended changes proposed in Ordinance 38-O- 12 during several meetings. This ordinance was held in Committee on April 23, 2012. For Introduction Alderman Holmes stated the item was taken off and sent back to committee, due to several options that were presented. (H3)Approval of Harley Clarke Mansion “Request for Interest” Staff recommends authorization for the City Manager to issue a “Request for Interest” for the purchase or lease of the Harley Clarke Mansion, 2603 Sheridan Road. For Action Alderman Tendam motioned for approval and it was seconded. Mayor Tisdahl stated the reason for her removing this item from the Consent Agenda was to provide two options (1) The City would own the underlying land, selling the building only or (2) The City sell the building and the land beneath the building. Four of the Aldermen voiced their agreement to offer multiple options. Alderman Tendam then amended the motion to include options for the sell and it was seconded, and with a unanimous voice vote the motion passed with amendments. (O1)Resolution 43-R-12 Authorizing the City Manager to Negotiate and Execute a Loan for the Improvements to Real Property Located at 2424 Dempster The Economic Development Committee and staff recommend City Council approval of Resolution 43-R-12 authorizing the City Manager to execute a loan agreement of up to $200,000 from the Economic Development Fund to Chicago’s Home of Chicken and Waffles for the adaptive reuse of the building located at 2424 Dempster in Evanston. For Action Alderman Grover motioned for approval with a second. A Roll Call vote was taken and the result was 8-1 for approval and the motion passed. Alderman Wilson voted nay. (O2)Resolution 40-R-12: City of Evanston’s Support of a Constitutional Amendment to Effectively Overturn the U.S. Supreme Court’s Conclusion in “Citizens United v. FEC” Relating to Constitutional Rights for Corporate Entities The Rules Committee recommends City Council consideration of Resolution 40-R-12. For Action Alderman Grover motioned for approval with a second. She stated she had some amendments which were: (1) Replace the word “artificial” with “business”, (2) Delete the 4th where as clause, (3) Section 1 of the Resolution deleting the words “to establish 67 of 447 MINUTES May 14, 2012 10 the rights that are protected by the US Constitution belong to natural persons only and do not extend to corporations or other artificial entities”, (4) Section 2 the word “proposed” replaced by the word “sponsored”. A unanimous voice vote was achieved and the motion passed. Call of the Wards Ward 9, Alderman Burrus congratulated the awardees of the Kiwanian’s project, and mentioned they will be honored at 7 am tomorrow at ETHS. Ward 1, Alderman Fiske wanted to renew her reference to the Human Services to amend the public placement of street signs. Ward 2, Alderman Braithwaite wanted to thank Council for their support of the Dempster/Dodge project, as well as staff. He also stated Wednesday at 8:30, he and Alderman Grover will be hosting a Financial Summit at the Civic Center Ward 3, Alderman Wynne Thanked everyone who came to the 3rd ward meeting despite the hail storm. She also invited everyone to the YEA festival at Dempster and Chicago Ave. Ward 4, Alderman Wilson had no report. Ward 5, Alderman Holmes announced the regular 5th ward meeting this Thursday 7 pm at Fleetwood/Jourdain. She also stated there would be a safe summer prayer vigil will occur at Springfield Baptist Church at 10 am Saturday, 19th. Ward 6, Alderman Tendam had no report. Ward 7, Alderman Grover had no report. Ward 8, Alderman Rainey congratulated all the amazing Police Officers who were awarded last Thursday night for all the things they do, and Tracy Williams was honored as the Officer of the Year. Alderman Wilson motioned to convene into Executive Session to discuss Litigation, Bargaining, Personnel, and Minutes and it was seconded. A unanimous voice vote was received and the Open Meeting of the Council ended at 10:55 p.m. Submitted by, Hon. Rodney Greene, City Clerk 68 of 447 Page 1 of 4 Rev. 5/24/2012 5:34:54 PM ADMINISTRATION & PUBLIC WORKS COMMITTEE Tuesday, May 29, 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 May 14, 2012 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 05/06/12 $2,502,402.48 (A2) City of Evanston Bills FY2012 through 05/30/12 $3,730,944.71 (A3.1) Approval of Tennis Contract Extension with E-Town Tennis, Inc. Staff recommends that City Council authorize the City Manager to execute an agreement with E Town Tennis, Inc. (320 S. Butterfield Road, Libertyville, IL) extending the Tennis Program contract through November 30, 2012. Funding is provided by Account 3110.62505. All expenses for the program are covered by participation fees. For Action (A3.2) Approval of Contract for Comprehensive Non-Union Compensation Study with Evergreen Solutions, LLC Staff recommends that City Council authorize the City Manager to execute a contract with Evergreen Solutions, LLC (2852 Remington Green Circle, Tallahassee, FL) to conduct a comprehensive compensation study for all non- union positions within the City of Evanston. The all-inclusive cost for their service is $28,000. Funding will be provided by the Division of Human Resources, Service Agreements Account 1929.62509, with a budget of $38,500. For Action 69 of 72 Page 2 of 4 Rev. 5/24/2012 5:34:54 PM (A3.3) Approval of Contract Extension for Third Party Administration of General Liability and Worker’s Compensation Claims Staff recommends that City Council authorize the City Manager to execute a one- year extension for the purchase of claims administration services from Cannon Cochran Management Services Inc. (CCMSI) for automobile liability, general liability, and worker’s compensation at an estimated cost of $97,375 for the contract year March 1, 2012 through February 28, 2013. Funding is provided by the FY2012 Insurance Fund Account 7800.62266, with a budget of $145,000. For Action (A3.4) Approval of Contract Award to Therm Flo Inc. for the Fire Stations #1 and #2 Mechanical Systems Improvement Project (Bid 12-115) Staff recommends that City Council authorize the City Manager to execute a contract with Therm Flo Inc. (251 Holbrook Drive, Wheeling, IL) in the total amount of $285,875 for Fire Stations #1 and #2 Mechanical Systems Improvement Project. Funding will be provided by FY2012 CIP Account 415822 with $150,000 budgeted and Account 415823 with $210,000 budgeted. For Action (A3.5) Approval of Northwest Municipal Conference 2012-13 Dues Payment Staff recommends that City Council authorize payment of 2012-13 dues to the Northwest Municipal Conference in the amount of $24,784. The City has been a member of the Northwest Municipal Conference since 1978. For Action (A3.6) Approval of Renewal of Library Reference Database License with Gale/Cengage Learning Staff recommends that City Council authorize the City Manager to renew the annual sole source software license with Gale/Cengage Learning (27500 Drake Road, Farmington Hills, MI) for Library reference database services in the amount of $21,000 for the eleven month period ending April 30, 2013. Funding is provided by the Library Adult Services – Internet Solution Providers Account 4806.62341. For Action (A4) Resolution 37-R-12 Authorizing the City of Evanston to Enter Into An Agreement with the Cook County Assessor’s Office for Access to a Geographic Information System Staff recommends that the City Council authorize the City Manager to sign an agreement with the Cook County Assessor’s Office for access to GIS (Geographic Information System) data. For Action 70 of 72 Page 3 of 4 Rev. 5/24/2012 5:34:54 PM (A5) Resolution 41-R-12 Authorizing Lease Agreements with the United States Postal Service (USPS) for Vehicle Parking The Transportation/Parking Committee and staff recommend that the City Council approve Resolution 41-R-12 authorizing the City Manager to enter into lease agreements with the US Postal Service for the parking of Postal Service Vehicles in Lot 25 (1612-1616 Maple Avenue) and the Maple Avenue Self Park (1800 Maple Avenue). For Action (A6) Ordinance 50-O-12 Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Prohibited Parking to Add Lincoln Street, South Side, Sheridan Road East to Campus Drive The Transportation/Parking Committee and staff recommend that the City Council approve Ordinance 50-O-12 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 8, Prohibited Parking at All Times, Schedule VIII(A) of the Evanston City Code, to add Lincoln Street, South Side, Sheridan Road east to Campus Drive. For Introduction (A7) Ordinance 51-O-12 Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Prohibited Parking During Certain Hours on Davis Street The Transportation/Parking Committee and staff recommend that the City Council approve Ordinance 51-O-12 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 9, Prohibited Parking during certain hours on Davis Street. For Introduction (A8) Ordinance 45-O-12, Authorizing the Sale of Surplus Property Staff recommends the City Council approve Ordinance 45-O-12 authorizing the City Manager to publicly offer for sale various vehicles and equipment owned by the City through public auction. The vehicles and equipment are either presently out of service or will be, and are assigned to various divisions/departments within the City of Evanston. For Introduction (A9) Ordinance 54-O-12 Authorizing the Lease Agreement with the League of Women Voters of Evanston Staff recommends City Council approval of Ordinance 54-O-12 authorizing the City Manager to negotiate and execute the lease agreement with the League of Women Voters of Evanston for lease of Room 1030 in the Civic Center. For Introduction 71 of 72 Page 4 of 4 Rev. 5/24/2012 5:34:54 PM (A10) Ordinance 59-O-12, Increasing the Number of Class S Liquor Licenses to Permit Issuance to Ward Eight, LLC ` The Local Liquor Commissioner recommends adoption of Ordinance 59-O-12, which increases the number of Class S liquor licenses from 0 to 1 to permit issuance to Ward Eight, LLC, 629 Howard Street. For Introduction (A11) Ordinance 55-O-12 Approving a Tax Increment Redevelopment Plan and Redevelopment Project for the Dempster/Dodge Redevelopment Area Staff recommends City Council adoption of Ordinance 55-O-12. Suspension of the Rules is requested to allow Introduction and Action on May 29, 2012 to implement the TIF under the 2010 assessed values. For Introduction and Action (A12) Ordinance 56-O-12 Designating the Dempster/Dodge Redevelopment Project Area (“TIF District”) of the City of Evanston a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act Staff recommends City Council adoption of Ordinance 56-O-12. Suspension of the Rules is requested to allow Introduction and Action on May 29, 2012 to implement the TIF under the 2010 assessed values. For Introduction and Action (A13) Ordinance 57-O-12 Adopting Tax Increment Allocation Financing for the Dempster/Dodge Redevelopment Project Area Staff recommends City Council adoption of Ordinance 57-O-12. Suspension of the Rules is requested to allow Introduction and Action on May 29, 2012 to implement the TIF under the 2010 assessed values. For Introduction and Action IV. ITEMS FOR DISCUSSION (APW1) Discussion of Revision to the City's Banner Policy V. COMMUNICATIONS VI. ADJOURNMENT 72 of 72 Page 1 of 4 Administration and Public Works . MEETING MINUTES Administration & Public Works Monday, May 14, 2012 5:45P.M. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers Members Present: Ald. Braithwaite, Ald. Burrus, Ald. Grover, Ald. Holmes, Ald. Rainey Members Absent: Staff Present: Lara Biggs, Wally Bobkiewicz, Brandon Dieter, Chief Eddington, Grant Farrar, Sarah Flax, Louis Gergits, Steve Griffin, Paul Gottschalk, Jewell Jackson, Lonnie Jeschke, Marty Lyons, Dennis Marino, Joe McRae, Jeff Murphy, Sat Nagar, David Stoneback, Rickey Voss Others Present: Presiding Member: Alderman Burrus I. DECLARATION OF A QUORUM: ALDERMAN BURRUS, CHAIR With a quorum present, Chair Burrus called the meeting to order at 5:45 p.m. II. APPROVAL OF MINUTES OF REGULAR MEETING OF April 23, 2012 A voice vote was taken and the minutes were unanimously approved. III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 04/22/12 $2,498,099.71 A voice vote was taken and the Payroll through 04/22/12 was unanimously approved. (A2) City of Evanston Bills FY2012 through 05/15/12 $4,650,484.85 Credit Card Activity through 03/31/12 $ 125,968.23 Ald. Rainey commented on the results of the online ad for homebuyers that noted that of the 110 who indicated they had heard of the program through the internet, the two homebuyers on record had not seen the ad. Sarah Flax (Planner Community Development) said there are three additional contracts pending. She did not know if they had heard of the program on the internet. Ald. Rainey asked if the City is tracking this information and S. Flax said that they are. A voice vote was taken and the bills list through 05/15/12 and the credit card activity through 03/31/12 was unanimously approved. (A3.1) Approval of Contract Renewal for CADS Software License and Service Agreement with SunGard Public Sector 73 of 447 Page 2 of 4 Administration and Public Works Staff recommends that the City Council authorize the City Manager to renew the annual sole source software license and service agreement with SunGard Public Sector (1000 Business Center Drive, Lake Mary, FL) for the Police Department’s CADS (Computer Aided Dispatch System) software in the amount of $70,304.25. Funding will be provided by the Emergency Telephone System account 5150.62509 with a Budget of $75,000.00. Ald. Rainey noted that in her experience, items like this need to be commented upon. If you read all the information supplied, you will understand the service provided offers more information so maintenance is good. A voice vote was taken and A3.1 was unanimously approved. (A3.2) Approval of Contract with Golf Mill Ford Inc. for Ford Parts (Bid 12-118) Staff recommends that City Council authorize the City Manager to execute a one (1) year contract for the purchase of Ford OEM parts in the amount of $49,400 with Golf Mill Ford Inc. (9401 N. Milwaukee Avenue, Niles, IL). Funding will be provided by the FY 2012 Major Maintenance, Material to Maintain Autos Account, 7710.65060 in the amount of $49,400. A voice vote was taken and A3.2 was unanimously approved. (A3.3) Approval of Contract with Alpha Paintworks, Inc. for 2012 Fire Hydrant Painting (Bid 12-127) Staff recommends that City Council authorize the City Manager to execute a contract for the 2012 Fire Hydrant Painting to Alpha Paintworks, Inc. (6316 N. Cicero Avenue, Chicago, IL) in the amount of $24,140. Funding will be provided by the Water Fund, Account 7115.62230, which has a budget of $51,500. Ald. Grover mentioned that she has been in contact with David Stoneback (Director of Utilities) to expand on the Paint Evanston Purple program. This may be an opportunity she continued to expand the program. Preliminary talks with Northwestern’s Athletic Department indicate they may help defray the cost. Of course the question is, which color purple. She thought this would be fun. D. Stoneback stated that there is no specific reason not to use the color purple. Hydrants are color coded to indicate the size water main involved. Currently reflective paint is used for identification. Ald. Grover suggested that this be pursued since NU had shown an interest in helping with the cost. Ald Rainey asked how the City could pass this. Ald. Grover noted that the new hydrants are red. The older ones that will be sandblasted can be repainted in purple. Ald. Rainey asked how much a new hydrant would cost. Lara Biggs (Assistant Superintendent of Water & Sewers) said that the cost per hydrant is around $2,000. Hydrants are ordered as needed. Suppliers will vary the color for us. But, their purple will not match our purple which will not match Northwestern’s. A voice vote was taken and A3.3 was unanimously approved. (A3.4) Approval of Contract with Chicagoland Paving for the Church Street Improvement Project and Dodge Avenue and Lake Street Streetscape Project (Bid 12-130) Staff recommends that City Council authorize the City Manager to execute a contract for the Church Street Improvement Project and Dodge Avenue and Lake Street Streetscape Contract to Chicagoland Paving (225 Telser Road, Lake Zurich, IL) in the amount of $899,900. Funding will be provided 74 of 447 Page 3 of 4 Administration and Public Works from West Evanston TIF Funds, which has a budgeted amount of $860,000. Staff requests approval of an additional $40,000 TIF Funds for this project. Ald. Grover asked if there were plans to improve the lighting on the stretch west of Mason Park by the viaduct, even if not part of this project. There is need to improve the area and to provide lighting. Sat Nagar (Senior Engineer) stated that only two lights will be installed east of Dodge Avenue under this program. A voice vote was taken and A3.4 was unanimously approved. (A3.5) Approval of Contract with HBRA Architects, Inc. for Downtown Evanston Performing Arts District Study (RFP 12-125) Staff recommends that City Council authorize the City Manager to execute a contract with HBRA Architects, Inc. (372 West Ontario Street, Chicago, IL) in the amount of $100,000 to conduct a detailed planning and architectural study of potential locations for performing arts venues in Downtown Evanston (RFP 12-125). Funding will be provided by a $50,000 National Endowment for the Arts Our Town Grant and $25,000 from the Washington National Tax Increment Financing (TIF) District and $25,000 from the Evanston Economic Development Fund. A voice vote was taken and A3.5 was unanimously approved. (A4.1) Approval of Change Order No. 1 for 2012 Cured-In-Place-Pipe Lining Contract with American Pipe Liners, Inc. (Bid 12-101) Staff recommends that the City Council authorize the City Manager to execute Change Order Number 1, in the not-to-exceed amount of $37,623, to the agreement with American Pipe Liners, Inc. for the 2012 Cured-In- Place Pipe Lining Contract A (Bid 12-101). Funding will be provided from the Sewer Fund, Account 7420.65515, which has an allocation of $428,000 for sewer improvements on streets being resurfaced. Ald. Rainey asked if the address is correct for the Emerson Street work. D. Stoneback said it should be the 100 block. This work will happen before the street is resurfaced. The residents will be notified. Ald. Rainey noted that there is a major neighborhood event on July 30 that she hopes will not be interfered with. D. Stoneback said it will not be. A voice vote was taken and A4.1 was unanimously approved. (A4.2) Approval of Change Order No. 2 with Camp Dresser and McKee, Inc. for Engineering Services on the 1964 Filter Addition Rehabilitation Project (RFP 10-103) Staff recommends that the City Council authorize the City Manager to execute Change Order Number 2, in the not-to-exceed amount of $15,300, to the agreement with Camp Dresser and McKee, Inc. (CDM) to provide engineering services for the 1964 Filter Addition Rehabilitation project. This will increase the agreement amount from $316,752 to $332,052. This project is funded from the Water Fund, Account 733048. A voice vote was taken and A4.2 was unanimously approved. (A5) Resolution 36-R-12 Authorizing the Renewal of the Lease of the Computer Lab in Main Library to Workforce Board of Northern Cook County Staff recommends City Council approval of Resolution 36-R-12 authorizing the City Manager to negotiate and sign the lease agreement by and between the City of Evanston and Workforce Board of Northern Cook 75 of 447 Page 4 of 4 Administration and Public Works County, a non-profit corporation, for the lease of a computer lab in the Main Library. The lease will be for a one-year term (May 15, 2012 through May 14, 2013) at a rental rate of $17,760 per year (a 2% increase). A voice vote was taken and A5 was unanimously approved. (A6) Ordinance 49-O-12, Increasing the Number of Class C Liquor Licenses to Permit Issuance to NSB Ventures LLC, d/b/a The Alcove The Local Liquor Commissioner recommends adoption of Ordinance 49-O- 12, which amends Subsection 3-5-6-(C) of the Evanston City Code of 1979, as amended, to increase the number of Class C liquor licenses from 28 to 29 to permit issuance to NSB Ventures LLC, d/b/a The Alcove, 512 Main Street. A voice vote was taken and A6 was unanimously approved. IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Ald. Grover moved and Ald. Braithwaite seconded that the meeting be adjourned. Chair Burrus adjourned the meeting at 6:05 p.m. Respectfully Submitted, Phillip Baugher Administrative Assistant, Administrative Services 76 of 447 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Marty Lyons, Assistant City Manager/Chief Financial Officer Richard Perry, Accounts Payable Coordinator Subject: City of Evanston Payroll and Bills Date: May 24, 2012 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. Summary: Payroll – April 23, 2012 through May 6, 2012 $2,502,402.48 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – May 30, 2012 $3,730,944.71 General Fund Amount – Bills list $ 247,499.43 General Fund Amount – Supplemental list $ 5,232.00 General Fund Total: $ 252,731.43 Attachments: Bills Lists For City Council meeting of May 29, 2012 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 77 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING 00100 GENERAL ACCOUNT 100 GENERAL FUND ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 100.21680 CHICAGO TRANSIT AUTHORITY 901 *CHICAGO CARD PLUS PAYMENT 1,156.00 100.41060 NATIONAL AWARD SERVICES INC PLASTIC PLATES 40.00 100.21650 NATIONAL GUARDIAN LIFE INSURAN MONTHLY INSURANCE PREMIUM 378.27 1,574.27 1300 CITY COUNCIL 1300.62285 AARYNN/ALLYSSA TRUCKING COURIER COUNCIL SERVICE 87.48 1300.62360 CHICAGO METROPOLITAN AGENCY FO MEMBERSHIP DUES 712.93 800.41 1400 CITY CLERK 1400.62280 FEDERAL EXPRESS CORP.SHIPPING 22.52 1400.62457 MUNICODE ANNUAL CODE/INTERNET FEE 400.00 422.52 1505 CITY MANAGER 1505.62295 BOBKIEWICZ, WALTER REIMB. IML SPRINGFIELD IL 47.78 1505.62295 BOBKIEWICZ, WALTER REIMB. INNOVATION CONFERENCE 1,223.41 1505.62506 NORTHWESTERN UNIVERSITY WORK- FEDERAL WORK STUDY PROGRAM 886.89 1505.62295 EVANSTON CHAMBER OF COMMERCE LEGISLATIVE BREAKFAST 30.00 1505.62295 EVANSTON CHAMBER OF COMMERCE LEGISLATIVE BREAKFAST 30.00 1505.62295 EVANSTON CHAMBER OF COMMERCE LEGISLATIVE BREAKFAST 30.00 1505.64540 AT & T MOBILITY WIRELESS SERVICE 136.01 2,384.09 1510 PUBLIC INFORMATION 1510.62205 EVANSTON ROUND TABLE LLC A DAY IN THE LIFE-AD 151.00 1510.62506 NORTHWESTERN UNIVERSITY WORK- FEDERAL WORK STUDY PROGRAM 279.00 1510.62210 PRINTING MARKETING CREATIVE PAINT EVANSTON PURPLE POSTER 60.00 490.00 1525 MISC. BUSINESS OPERATIONS 1525.68205 B.H. SUHR & COMPANY, INC.EVANSTON ARTS CENTER 1,800.00 1,800.00 1705 LEGAL ADMINISTRATION 1705.52570 PREMIER TITLE COMPANY COMPLIANCE TKT REFUND 250.00 1705.65010 WEST GROUP PAYMENT CTR INFORMATION CHARGES 754.54 1705.65010 WEST GROUP PAYMENT CTR INFORMATION CHARGES 71.00 1705.65095 OFFICE DEPOT OFFICE SUPPLIES 85.83 1705.65095 OFFICE DEPOT OFFICE SUPPLIES 5.37 1705.62345 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 61.56 1,228.30 1905 ADM.SERVICES- GENERAL SUPPORT 1905.62185 ACCOUNTEMPS COLLECTION COORDINATOR 1,125.00 1905.62360 ILLINOIS CITY/COUNTY MANAGEMEN MEMBERSHIP DUES 197.00 1905.62185 MWM CONSULTING GROUP, INC ACTUARIAL REPORT 5,500.00 1905.62185 ACCOUNTEMPS COLLECTION COORDINATOR 1,125.00 7,947.00 1910 FINANCE DIVISION - REVENUE *Advanced Payment 178 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 1910.64541 AZAVAR TECHNOLOGIES CONTINGENCY PAYMENTS 939.12 1910.65095 OFFICE DEPOT OFFICE SUPPLIES REVENUE DEPT 70.69 1910.51600 EMSERMANN, KURT REFUND PERMIT 24.00 1910.62431 GARDA CL GREAT LAKES, INC.ARMORED CAR SERVICES 28.91 1910.51600 PATEL, MINESH REFUND PERMIT 40.00 1910.62431 GARDA CL GREAT LAKES, INC.ARMORED CAR SERVICES 2,104.71 1910.65095 OFFICE DEPOT OFFICE SUPPLIES REVENUE 35.39 1910.65095 OFFICE DEPOT OFFICE SUPPLIES REVENUE 81.73 1910.62315 PITNEY BOWES METERING SUPPLIES 131.61 1910.65095 SECURE PRODUCTS CORPORATION SECURITY SUPPLIES 445.79 3,901.95 1920 FINANCE DIVISION - ACCOUNTING 1920.65095 OFFICE DEPOT OFFICE SUPPLIES ACCOUNTING 66.48 1920.62280 FEDERAL EXPRESS CORP.SHIPPING 29.81 1920.65095 OFFICE DEPOT OFFICE SUPPLIES ACCOUNTING 47.90 144.19 1929 HUMAN RESOURCE DIVISION 1929.62160 TRANS UNION CORP MONTHLY FEE 45.00 1929.62160 F.L. HUNTER & ASSOCIATES RECRUITMENT TESTING-POLICE 1,920.00 1929.62160 LASER ASSOC., STEPHEN A.RECRUITMENT TESTING-POLICE 4,900.00 1929.62274 TRANS UNION CORP RECRUITMENT 267.69 7,132.69 1932 INFORMATION TECHNOLOGY DIVI. 1932.64540 VERIZON WIRELESS (25505)WIRELESS SERVICES 1,216.32 1932.62380 US Bank COPIER LEASE AGREEMENT 1,641.52 1932.62175 IRON MOUNTAIN OSDP SERVICE AGREEMENT 513.96 1932.65615 ILLINOIS DEPARTMENT OF CENTRAL COMMUNICATION CHARGES 1,925.00 1932.62380 CHICAGO OFFICE TECHNOLOGY GROU COPIER SERVICE AGREEMENT 1,572.80 1932.65615 COMCAST CABLE CABLE SERVICES 204.95 1932.65615 COMCAST CABLE CABLE SERVICES 91.53 1932.65615 COMCAST CABLE CABLE SERVICES 151.33 1932.64505 AT & T COMMUNICATION CHARGES 368.71 1932.64505 AT & T COMMUNICATION CHARGES 42.29 1932.62340 ORACLE AMERICA, INC.ANNUAL CONTRACT RENEWALS 3,217.98 1932.62340 ORACLE AMERICA, INC.ANNUAL CONTRACT RENEWALS 47.39 1932.65555 DELL COMPUTER CORP.DELL LAPTOPS XPS 14Z 3,486.54 1932.65615 COMCAST CABLE *INTERNET SERVICE 442.90 1932.62340 CITRIX ONLINE ONLINE CHARGES 19.45 1932.62506 NORTHWESTERN UNIVERSITY WORK- FEDERAL WORK STUDY PROGRAM 127.50 1932.64505 CALL ONE COMMUNICATION CHARGES 6,720.39 21,790.56 1941 PARKING ENFORCEMENT & TICKETS 1941.64540 NEXTEL WIRELESS SERVICES 701.86 1941.65625 NORTH SHORE TOWING PARKING BOOT 630.00 1941.64005 COMED ELECTRICITY 70.49 1941.52505 GOLLER, MARY CLAIRE REFUND-DUP PAYMNT TICKET 30.00 1941.65095 OFFICE DEPOT OFFICE SUPPLIES PEO & TICKETS 56.82 1941.62451 CUI, JUN TOW REFUND 185.00 *Advanced Payment 279 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 1,674.17 2101 COMMUNITY DEVELOPMENT ADMIN 2101.65095 OFFICE DEPOT OFFICE SUPPLIES 2012 BU 2101 200.00 2101.64540 NEXTEL WIRELESS SERVICES 60.92 2101.65095 OFFICE DEPOT OFFICE SUPPLIES 2012 BU 2101 45.66 2101.65095 OFFICE DEPOT OFFICE SUPPLIES 2012 BU 2101 20.01 326.59 2105 PLANNING & ZONING 2105.62210 ALLEGRA PRINT & IMAGING ZONING/PLANNING ENVELOPES 534.00 2105.65095 OFFICE DEPOT OFFICE SUPPLIES 2012 52.84 2105.65095 OFFICE DEPOT OFFICE SUPPLIES 2012 6.28 2105.65095 OFFICE DEPOT OFFICE SUPPLIES 2012 6.90 600.02 2115 HOUSING CODE COMPLIANCE 2115.62280 FEDERAL EXPRESS CORP.SHIPPING 41.72 2115.62190 GARRISON, LARRY DEBRIS REMOVALS 925.00 2115.64540 NEXTEL WIRELESS SERVICES 327.76 2115.62345 CHICAGO TITLE INSURANCE CASE 12-0750 1824 EMERSON 140.00 1,434.48 2120 HOUSING REHABILITATION 2120.65095 OFFICE DEPOT OFFICE SUPPLIES 2012 8.87 2120.64540 NEXTEL WIRELESS SERVICES 106.53 2120.65095 OFFICE DEPOT OFFICE SUPPLIES FY12 100.00 2120.65095 OFFICE DEPOT OFFICE SUPPLIES FY12 100.00 315.40 2121 EECBGRANT-RESI.WEATHER.PROGRAM 2121.55253 MIDWEST ENERGY AUDITS, INC.WEATHER 012-11 629-31 HOWARD 150.00 2121.55253 PHOENIX CONSTRUCTION COMPANY O WEATHER 012-11 629 HOWARD 1,500.00 2121.55253 TEAM INSTALLERS, INC.WEATHER 012-11 629 HOWARD 2,200.00 3,850.00 2126 BUILDING INSPECTION SERVICES 2126.52080 HANSON ROOFING INC REFUND PERMIT 88.00 2126.52090 PERMA SEAL REFUND PERMIT 105.00 2126.62145 MOSHE CALAMARO & ASSOC STRUCTURAL SERV. 816 CLARK 635.00 2126.64540 NEXTEL WIRELESS SERVICES 108.50 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTIONS 4,672.00 2126.65095 OFFICE DEPOT OFFICE SUPPLIES 2012 BU 2126 127.93 2126.65095 OFFICE DEPOT OFFICE SUPPLIES FY12 BU 2126 55.19 5,791.62 2205 POLICE ADMINISTRATION 2205.64005 COMED MONTHLY CHARGES 115.09 2205.65040 LEMOI HARDWARE WALL PLATE 1.35 2205.65085 OFFICE CONCEPTS PEDESTAL DESK 2,397.47 2205.68205 NATIONAL AWARD SERVICES INC PLATE ENGRAVING 10.00 2205.62375 MICROSYSTEMS INC.MICROFILM STORAGE 377.10 2205.65040 LEMOI HARDWARE PAPER 12.99 2205.65040 LEMOI HARDWARE DUSTPAN 4.35 *Advanced Payment 380 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2205.65040 LEMOI HARDWARE NYLON ROPE 16.35 2205.65040 LEMOI HARDWARE KEY 1.99 2205.65040 LEMOI HARDWARE TOOLS 19.30 2205.65040 LEMOI HARDWARE CARPET SHAMPOO 11.81 2205.65040 LAPORT INC JANITORIAL SUPPLIES 36.59 2205.62490 ILLINOIS STATE TOLL HIGHWAY A TOLLS 356.08 2205.65040 GRAINGER, INC., W.W.WIRING 587.25 2205.65085 EVANSTON IMPRINTABLES,INC.AUGUSTA JACKETS 378.48 2205.65125 EVANSTON FUNERAL & CREMATION REMOVALS-APRIL 1,180.00 2205.62360 PUBLIC ENGINES, INC. DBA CRIME TIP SOFT ONLINE WEBTIPS 1,788.00 2205.64005 COMED MONTHLY CHARGES 117.36 2205.64015 NICOR 0632 MONTHLY CHARGES 68.14 2205.68205 NATIONAL AWARD SERVICES INC PLAQUES 80.00 7,559.70 2210 PATROL OPERATIONS 2210.65020 VCG UNIFORM HALO VEST 800.00 2210.65020 VCG UNIFORM HALO VEST 795.00 2210.65020 VCG UNIFORM NATO EXPENSES 11,462.70 13,057.70 2240 POLICE RECORDS 2240.65095 OFFICE DEPOT FY 2012 OFFICE SUPPLIES 114.00 114.00 2245 COMMUNICATIONS 2245.64540 NEXTEL WIRELESS SERVICES 1,949.01 1,949.01 2250 SERVICE DESK 2250.62425 AT & T MOBILITY MAINT. CONTROL PROGRAM 124.00 2250.65040 LAPORT INC JANITORIAL SUPPLIES 1,175.44 2250.62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTION 168.00 1,467.44 2251 311 CENTER 2251.64505 AT & T 8100 *311 OPERATIONS 398.12 2251.64505 DELL COMPUTER CORP.DELL LAPTOP E6420 1,254.96 2251.64505 AT & T MOBILITY WIRELESS SERVICE 56.32 1,709.40 2260 OFFICE OF ADMINISTRATION 2260.62295 SPELLS, LOYCE MEALS CRISIS INTERVENTION TEAM 60.00 2260.62295 EVANSTON ATHLETIC CLUB FITNESS 514.60 2260.62295 FISCHER, BECKIE MEALS VICTIM ASSISTANCE 140.00 2260.62295 SOPHIER, SCOTT MEALS CRISIS INTERVENTION TEAM 60.00 2260.62295 NIEMAN, JEREMY N COLD CASE SEMINAR 43.80 2260.64565 COMCAST CABLE CABLE SERVICE 14.72 833.12 2265 NEIGHBORHOOD ENFORCEMENT TEAM 2265.65125 PRO-TECH SALES PROTECH MEDIC POUCH - BLACK 412.50 2265.65125 PRO-TECH SALES SHIPPING 20.00 432.50 *Advanced Payment 481 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2270 TRAFFIC BUREAU 2270.65085 MUNICIPAL ELECTRONICS INC CORD REPAIR RADAR GUN 119.00 119.00 2280 ANIMAL CONTROL 2280.62225 ANDERSON PEST CONTROL PEST MANAGEMENT 50.25 2280.65125 HILLS PET NUTRITION PET FOOD 366.41 2280.64015 NICOR 0632 MONTHLY CHARGES 57.88 474.54 2305 FIRE MGT & SUPPORT 2305.65125 AIR ONE EQUIPMENT SMALL TOOLS 297.00 2305.65020 EVANSTON IMPRINTABLES,INC.UNIFORM ISSUE 822.00 2305.64540 NEXTEL WIRELESS SERVICES 449.02 2305.62360 NORTHEASTERN ILLINOIS PUBLIC S 2012 MEMBERSHIP IN NIPSTA FOR 25,042.00 26,610.02 2310 FIRE PREVENTION 2310.53715 KIRKPATRICK, HELEN P.DISCONTINUED ALARM SERV.30.00 30.00 2315 FIRE SUPPRESSION 2315.65040 LAPORT INC JANITORIAL SUPPLIES 292.70 2315.62295 ST. FRANCIS EMS SYSTEM DEPARTMENT TRAINING 4,549.00 2315.62295 NORTHEASTERN ILLINOIS PUBLIC S FIREFIGHTING TRAINING 600.00 2315.65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 322.33 2315.65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 379.33 2315.65040 LAPORT INC JANITORIAL SUPPLIES 41.41 2315.65040 LAPORT INC JANITORIAL SUPPLIES 49.59 2315.62295 NORTHEASTERN ILLINOIS PUBLIC S TRAINING 80.00 6,314.36 2435 FOOD AND ENVIRONMENTAL HEALTH 2435.52061 TOMATO MOUNTAIN FARM FARMERS MARKET REFUND FEES 150.00 2435.52061 TERESA'S FRUIT AND HERBS FARMERS MARKET REFUND FEES 100.00 2435.64540 NEXTEL WIRELESS SERVICES 161.74 2435.62477 NEXTEL WIRELESS SERVICES 51.91 2435.52061 SEEDLING FARMERS MARKET REFUND FEES 100.00 2435.62477 VERIZON WIRELESS (25505)WIRELESS SERVICES 57.88 2435.52061 BRUNKOW CHEESE CREDIT FARMERS MARKET FEES 175.00 2435.52061 RIVER VALLEY RANCH FARMERS MARKET REFUND FEES 225.00 1,021.53 2440 VITAL RECORDS 2440.53220 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES-APRIL 2012 786.00 786.00 2455 COMM.HEALTH PROG.ADMINSTRATION 2455.62371 QUARTET COPIES PRINTING 44.00 2455.62371 FEDERAL EXPRESS CORP.SHIPPING 59.79 2455.64540 NEXTEL WIRELESS SERVICES 51.91 155.70 2605 DIRECTOR OF PUBLIC WORKS 2605.64540 NEXTEL WIRELESS SERVICES 59.91 *Advanced Payment 582 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2605.65095 OFFICE DEPOT FY2012 OFFICE SUPPLIES 38.07 97.98 2610 MUNICIPAL SERVICE CENTER 2610.62415 FLUORECYCLE, INC.HAZARDOUS WASTE DISPOSAL 1,265.52 2610.62225 TOTAL BUILDING SERVICES JANITORIAL SVCS SERVICE CENTER 1,485.00 2610.62440 OVERHEAD, INC.FY2012 OVERHEAD DOOR MAINT.387.90 2610.62440 OVERHEAD, INC.FY2012 OVERHEAD DOOR MAINT.548.69 2610.65020 CINTAS AFSCME UNIFORMS 109.88 2610.65020 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 57.39 2610.62225 SMITHEREEN PEST MANAGEMENT SER RODENT CONTROL 93.00 2610.64005 COMED MONTHLY CHARGES 126.17 2610.62440 OVERHEAD, INC.FY2012 OVERHEAD DOOR MAINT.697.83 4,771.38 2640 TRAF. SIG. & ST. LIGHT. MAINT 2640.64006 COMED MONTHLY CHARGES 197.65 2640.64006 COMED MONTHLY CHARGES 11,381.18 2640.64007 COMED MONTHLY CHARGES 40.97 2640.64007 COMED MONTHLY CHARGES 44.81 2640.64007 COMED MONTHLY CHARGES 5,744.40 2640.64006 COMED MONTHLY CHARGES 216.38 17,625.39 2665 STREETS AND SANITATION ADMINIS 2665.64540 NEXTEL WIRELESS SERVICES 2,789.15 2,789.15 2670 STREET AND ALLEY MAINTENANCE 2670.62415 KLF TRUCKING EXTEND PO 13383 DEBRIS HAULING 3,220.00 2670.61060 NORTHEASTERN ILLINOIS UNIVERSI WORK STUDY PROGRAM MARCH 2012 300.00 2670.61060 NORTHEASTERN ILLINOIS UNIVERSI WORK STUDY PROGRAM APRIL 2012 400.00 2670.62295 APWA CHICAGO METRO CHAPTER *APWA SNOW PLOW/LOADER ROADEO 90.00 2670.62295 APWA CHICAGO METRO CHAPTER *APWA SNOW PLOW/LOADER ROADEO 120.00 4,130.00 2675 STREET CLEANING 2675.61060 NORTHEASTERN ILLINOIS UNIVERSI WORK STUDY PROGRAM MARCH 2012 400.00 2675.61060 NORTHEASTERN ILLINOIS UNIVERSI WORK STUDY PROGRAM APRIL 2012 375.00 775.00 2840 MAINTENANCE 2840.62225 TOTAL BUILDING SERVICES JANITORIAL SVCS MAIN LIBRARY 6,855.00 6,855.00 2845 ADMINISTRATION 2845.56140 ILLINOIS DEPT OF REVENUE *SALES TAX- APRIL 2012 1,229.00 1,229.00 3005 REC. MGMT. & GENERAL SUPPORT 3005.64540 NEXTEL WIRELESS SERVICES 57.57 57.57 3010 REC. BUS. & FISCAL MGMT 3010.65095 OFFICE DEPOT OFFICE SUPPLIES 15.13 *Advanced Payment 683 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3010.65095 OFFICE DEPOT OFFICE SUPPLIES 161.30 176.43 3015 COMMUNICATION & MARKETING SRVS 3015.62506 NORTHWESTERN UNIVERSITY WORK- FEDERAL WORK STUDY PROGRAM 253.00 253.00 3020 RECREATION GENERAL SUPPORT 3020.64540 NEXTEL WIRELESS SERVICES 57.57 57.57 3025 PARK UTILITIES 3025.64015 NICOR 0632 MONTHLY CHARGES 141.95 3025.64015 NICOR 0632 MONTHLY CHARGES 37.63 3025.64015 NICOR 0632 MONTHLY CHARGES 2.78 3025.64015 NICOR 0632 MONTHLY CHARGES 52.89 3025.64015 NICOR 0632 MONTHLY CHARGES 76.33 3025.64015 NICOR 0632 MONTHLY CHARGES 84.20 3025.64005 COMED MONTHLY CHARGES 47.64 3025.64005 COMED MONTHLY CHARGES 344.68 3025.64005 COMED MONTHLY CHARGES 37.64 3025.64005 COMED MONTHLY CHARGES 73.82 3025.64005 COMED MONTHLY CHARGES 28.94 3025.64005 COMED MONTHLY CHARGES 87.28 3025.64005 COMED MONTHLY CHARGES 16.75 3025.64005 COMED MONTHLY CHARGES 206.60 3025.64005 COMED MONTHLY CHARGES 90.51 3025.64005 COMED MONTHLY CHARGES 144.35 3025.64005 COMED MONTHLY CHARGES 65.95 3025.64005 COMED MONTHLY CHARGES 25.61 3025.64005 COMED MONTHLY CHARGES 465.36 3025.64005 COMED MONTHLY CHARGES 51.74 3025.64005 COMED MONTHLY CHARGES 43.74 3025.64005 COMED MONTHLY CHARGES 26.92 3025.64005 COMED MONTHLY CHARGES 291.09 3025.64005 COMED MONTHLY CHARGES 22.75 3025.64005 COMED MONTHLY CHARGES 58.02 3025.64005 COMED MONTHLY CHARGES 1,083.70 3025.64005 COMED MONTHLY CHARGES 44.27 3025.64005 COMED MONTHLY CHARGES 155.98 3025.64005 COMED MONTHLY CHARGES 114.04 3025.64005 COMED MONTHLY CHARGES 47.68 3025.64005 COMED MONTHLY CHARGES 38.73 3025.64005 COMED MONTHLY CHARGES 27.97 3025.64005 COMED MONTHLY CHARGES 22.58 3025.64015 NICOR 0632 MONTHLY CHARGES 59.29 3025.64015 NICOR 0632 MONTHLY CHARGES 82.98 4,202.39 3030 CROWN COMMUNITY CENTER 3030.62505 COUSSENS, DARCY YOUTH DANCE INSTRUCTOR 240.00 3030.62505 VAN DER KARR, MICHELLE A.ADULT DANCE INSTRUCTOR 260.00 *Advanced Payment 784 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3030.62375 JEAN'S GREENS, INC.PLANT SERVICE APRIL 2012 50.00 550.00 3035 CHANDLER COMMUNITY CENTER 3035.64540 NEXTEL WIRELESS SERVICES 27.21 3035.62495 ANDERSON PEST CONTROL PEST CONTROL 28.36 3035.62505 CHESS WIZARDS INC INSTRUCTION OF CHESS CAMPS 2,571.80 2,627.37 3040 FLEETWOOD JOURDAIN COM CT 3040.65110 CONTRACT FURNITURE SERVICES IN INSTALL/MOVE FURNITURE ECOLOGY 925.00 3040.64540 NEXTEL WIRELESS SERVICES 35.21 3040.65025 CATHOLIC CHARITIES OF CHICAGO CATERING SERVICE MEAL 622.50 3040.65025 CATHOLIC CHARITIES OF CHICAGO CATERING SERVICE MEAL 747.00 3040.65095 ILLINOIS PAPER COMPANY COPIER PAPER 166.50 3040.65040 LAPORT INC JANITORIAL SUPPLIES 104.64 3040.62511 COMCAST CABLE CABLE SERVICES 47.82 3040.65095 OFFICE DEPOT OFFICE SUPPLIES 72.21 3040.62511 WRIGHT, TONY BALLON ENTERTNMNT CHILD DAY 187.50 2,908.38 3045 FLEETWOOD/JOURDAIN THEATR 3045.62511 EVANS, BRIAN D.VIDEOGRAPHER FJT PSA 100.00 3045.62511 SHANKS, STEPHANIE PRODUCE, EDIT FJT PSA 200.00 3045.62511 TERRY, WALTER PRODUCE FJT PSA 125.00 3045.62505 GAUL, TANIA RICHARD CREATIVE WRITING INSTRUCTION 250.00 3045.62505 MUSE OF FIRE THEATRE COMPANY INSTRUCT SHAKESPEARE THEATER 300.00 975.00 3050 RECREATION OUTREACH PROGRAM 3050.62511 WRIGHT, TONY BALLON ENTERTNMNT CHILD DAY 187.50 187.50 3055 LEVY CENTER 3055.62505 TAJ BELLY DANCE INSTRUCTION 900.00 3055.62505 COMPUTER TRAINING & SUPPORT SE COMPUTER INSTRUCTION 225.00 3055.65040 EDWARD DON & COMPANY DISHWASHER SOAP 80.47 3055.64540 NEXTEL WIRELESS SERVICES 27.21 3055.65025 CATHOLIC CHARITIES OF CHICAGO CATERING SERVICE MEAL 2,282.50 3055.65040 LAPORT INC JANITORIAL SUPPLIES 266.64 3055.56045 ILLINOIS DEPT OF REVENUE *SALES TAX- APRIL 2012 55.00 3055.65050 EVANSTON GLASS & MIRROR WINDOW REPLACEMENT 822.00 3055.65050 CITY OF EVANSTON - PETTY CASH PCR - GLASS BROKEN FRAME 4.90 3055.65110 CITY OF EVANSTON - PETTY CASH PCR - ECT SUPPLIES AND STAMPS 95.07 3055.65025 CITY OF EVANSTON - PETTY CASH PCR - ECT REFRESHMENTS 9.96 3055.62511 CITY OF EVANSTON - PETTY CASH AGING WELL CONFERENCE 143.90 3055.65110 LURVEY LANDSCAPE SUPPLY ANNUALS 23.90 3055.62511 CLOWNING AROUND ENTERTAINMENT PRIVATE BDAY PARTY ENTERTAINMT 184.00 3055.65110 SCHWARTZ PIANO SERVICE PIANO SERVICES 275.00 3055.62505 COMPUTER TRAINING & SUPPORT SE COMPUTER CLASS INSTRUCTION 240.00 3055.62505 BARON, ENID INSTRUCT MEMOIR CLASS 280.00 3055.62511 PERCOLATOR FILMS NFP FILM RENTAL AGING WELL CONF 150.00 3055.62210 ALLEGRA PRINT & IMAGING LEVY CENTER CARDS 268.00 *Advanced Payment 885 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3055.62511 CLOWNING AROUND ENTERTAINMENT PRIVATE PARTY ENTERTAINMENT 259.00 6,592.55 3080 BEACHES 3080.64540 NEXTEL WIRELESS SERVICES 78.09 3080.64015 NICOR 0632 MONTHLY CHARGES 99.45 3080.65020 FITNESS WEAR, INC.LIFEGUARD CLOTHING 2012 1,692.51 1,870.05 3085 RECREATION FACILITY MAINT 3085.65110 CONSERV FS ATHLETIC FIELD PAINT ORANGE 535.50 3085.65110 CONSERV FS TURFACE QUICK DRY 270.00 3085.62295 ILLINOIS DEPARTMENT OF AGRICUL PESTICIDE LICENSE RENEWAL 20.00 3085.64540 NEXTEL WIRELESS SERVICES 59.54 3085.65055 LURVEY LANDSCAPE SUPPLY PLANTS 57.50 942.54 3095 CROWN ICE RINK 3095.64540 NEXTEL WIRELESS SERVICES 81.63 3095.65110 STO-COTE PRODUCTS ICE RINK REPAIRS 6,805.95 3095.65110 STO-COTE PRODUCTS ICE RINK REPAIRS 5,376.75 3095.62245 BECKER ARENA PRODUCTS ICERINK REPLACEMENT BOARD PART 660.24 3095.62495 ANDERSON PEST CONTROL PEST CONTROL 75.00 3095.62245 JORSON & CARLSON BLADE SHARPENING 65.73 3095.62245 JORSON & CARLSON BLADE SHARPENING 65.73 3095.65040 LAPORT INC JANITORIAL SUPPLIES 55.54 3095.62508 PFEIFFER, SHAWN ADULT BROOMBALL REFEREE 420.00 3095.62508 BABICZ, GEORGE S.ADULT BROOMBALL SCOREKEEPER 100.00 3095.62508 KANTOR, GARY ADULT BROOMBALL REFEREE 420.00 3095.62375 JEAN'S GREENS, INC.PLANT SERVICE APRIL 2012 50.00 3095.62245 BECKER ARENA PRODUCTS ICE MACHINE MAINT 600.00 14,776.57 3105 AQUATIC CAMP 3105.65110 FITNESS WEAR, INC.LIFEGUARD CLOTHING 2012 855.00 855.00 3130 SPECIAL RECREATION 3130.62490 MCGAW YMCA USE OF YMCA POOL 2,275.00 3130.65025 CITY OF EVANSTON - PETTY CASH YOUTH SERVICES PETTY CASH 227.29 3130.64540 NEXTEL WIRELESS SERVICES 90.35 2,592.64 3140 BUS PROGRAM 3140.64540 NEXTEL WIRELESS SERVICES 27.21 27.21 3150 PARK SERVICE UNIT 3150.64540 NEXTEL WIRELESS SERVICES 54.42 54.42 3205 COMMUNITY RELATIONS 3205.62210 MUMM PRINT SHOP PRCS BUSINESS CARDS 2 BOXES 48.00 3205.62205 ALLEGRA PRINT & IMAGING FARMERS MARKET BANNERS 267.00 315.00 *Advanced Payment 986 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3210 COMMISSION ON AGING 3210.62295 CITY OF EVANSTON - PETTY CASH PCR - PARKING OMB TRAINING 36.00 36.00 3505 PARKS & FORESTRY GENERAL SUP 3505.64540 NEXTEL WIRELESS SERVICES 603.43 3505.65010 FEDERAL EXPRESS CORP.SHIPPING 58.65 662.08 3510 HORTICULTURAL MAINTENANCE 3510.62199 WHITE & ASSOC , HOWARD L CONTOURED BENCH 3,752.00 3510.65005 WEEKS WHOLESALE ROSE GROWER ROSES 990.35 3510.65005 THELEN MATERIALS, LLC JAMES PARK SAND TORP 1,091.13 3510.62195 SKOKIE PARK DISTRICT SOCCER/DOG PARK MAINT.7,258.87 3510.65070 REINDERS, INC.POSITIVE CABLE 80.87 3510.65070 REINDERS, INC.MOWER BLADES 124.20 3510.65055 OZINGA CHICAGO RMC, INC.TORPEDO SAND 50.00 3510.62295 ILLINOIS DEPARTMENT OF AGRICUL PESTICIDE LICENSE RENEWAL 95.00 3510.65055 LURVEY LANDSCAPE SUPPLY TRACK/TRAIL MIX 228.00 3510.65005 LURVEY LANDSCAPE SUPPLY TRACK/TRAIL MIX 215.00 3510.65005 LURVEY LANDSCAPE SUPPLY NOAH'S PLAYGROUND PLANTINGS 82.50 3510.62199 KELVIN COMPANY LLC AND R & W C CONCRETE BENCH PAD 1,975.00 3510.62199 EVANSTON SIGNS & GRAPHICS, INC CHILDREN PLAYING SIGNS 210.00 3510.65015 MEYER LABORATORY GRAFFITI REMOVAL CHEMICAL 401.55 3510.62195 LANDSCAPE CONCEPTS MANAGEMENT, 2012 LANDSCAPE MAINTENANCE 532.00 3510.65085 ARLINGTON POWER EQUIPMENT TRIMMER HEAD 269.84 3510.65070 ARLINGTON POWER EQUIPMENT AIR FILTER/PARTS 166.28 3510.62195 LANDSCAPE CONCEPTS MANAGEMENT, 2012 LANDSCAPE MAINTENANCE 518.00 3510.65050 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 49.37 3510.65015 MEYER LABORATORY VANDALISM REMOVER 296.91 18,386.87 3520 DUTCH ELM DISEASE CONTROL 3520.62385 THELEN MATERIALS, LLC BIKE TRAIL MIX 516.04 516.04 3605 ECOLOGY CENTER 3605.64015 NICOR 0632 MONTHLY CHARGES 160.54 3605.64005 COMED MONTHLY CHARGES 31.62 3605.62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL SERVICE 56.75 3605.56045 ILLINOIS DEPT OF REVENUE *SALES TAX- APRIL 2012 48.00 3605.65050 ALARM DETECTION SYSTEMS, INC. SECURITY SYSTEM 497.64 794.55 3610 ECO-QUEST DAY CAMP 3610.62507 NORTHWEST PASSAGE 2 OVERNIGHT SUMMER CAMP 14,145.00 14,145.00 3710 NOYES CULTURAL ARTS CTR 3710.64540 NEXTEL WIRELESS SERVICES 27.21 3710.62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL SERVICE 33.25 3710.65040 LAPORT INC JANITORIAL SUPPLIES 188.44 248.90 *Advanced Payment 1087 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3720 CULTURAL ARTS PROGRAMS 3720.62210 SERAPH DIGITAL, INC.POSTCARD PRINTING 250.00 3720.62205 CHICAGO'S NORTH SHORE CONVENTI ADVERTISEMENT 500.00 750.00 3805 FACILITIES ADMINISTRATION 3805.64005 COMED MONTHLY CHARGES 216.47 3805.64005 COMED MONTHLY CHARGES 84.69 3805.64540 NEXTEL WIRELESS SERVICES 78.13 379.29 3806 CIVIC CENTER SERVICES 3806.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 71.96 3806.62225 ANDERSON PEST CONTROL PEST CONTROL 422.00 3806.64005 COMED MONTHLY CHARGES 1,990.39 3806.62225 TOTAL BUILDING SERVICES JANITORIAL SVCS CIVIC CENTER 4,330.00 3806.62225 SCHNEIDER ELECTRIC BUILDINGS SERVICE AGREEMENT 2012 1,932.00 3806.62225 DUSTCATCHERS, INC.ONE (1) YEAR SERVICE 189.00 3806.65040 MARK VEND COMPANY VENDING SUPPLIES 432.18 3806.64015 NICOR 0632 MONTHLY CHARGES 137.05 3806.64540 NEXTEL WIRELESS SERVICES 107.74 3806.62225 DUSTCATCHERS, INC.ONE (1) YEAR SERVICE 20.00 3806.64005 COMED MONTHLY CHARGES 91.54 9,723.86 3807 CONSTRUCTION AND REPAIRS 3807.64540 NEXTEL WIRELESS SERVICES 859.49 859.49 251,038.45 00185 LIBRARY FUND 4805 LIBRARY YOUTH SERVICES 4805.65641 BAKER & TAYLOR JUV AV 52.48 4805.65630 BAKER & TAYLOR JUV BOOKS 19.45 4805.65641 BAKER & TAYLOR JUV AV 80.66 4805.65641 BAKER & TAYLOR JUV AV 19.40 4805.65641 BAKER & TAYLOR ADULT/JUV AV 108.79 4805.65641 BAKER & TAYLOR JUV AV 308.55 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 89.29 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 11.18 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 23.96 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 5.59 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 225.94 4805.65630 BOOK WHOLESALERS INC.JUV PRINT 50.89 4805.62506 NORTHWESTERN UNIVERSITY WORK- WORK-STUDY STUDENTS 163.69 4805.65641 MIDWEST TAPE JUV AV 698.64 4805.65641 MIDWEST TAPE JUV AV 346.94 4805.65641 MIDWEST TAPE JUV AV 42.36 4805.65641 MIDWEST TAPE JUV AV 63.96 4805.65641 MIDWEST TAPE JUV AV 31.98 4805.65641 MIDWEST TAPE JUV AV 31.98 4805.65641 MIDWEST TAPE JUV AV 15.98 *Advanced Payment 1188 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 4805.65641 MIDWEST TAPE JUV AV 22.38 4805.65641 MIDWEST TAPE JUV AV 72.75 4805.65641 MIDWEST TAPE JUV AV 31.98 4805.65641 MIDWEST TAPE JUV AV 40.99 4805.65630 BAKER & TAYLOR JUV PRINT 437.32 4805.65630 BAKER & TAYLOR JUV PRINT 223.15 4805.65630 BAKER & TAYLOR JUV PRINT 330.81 4805.65630 BAKER & TAYLOR JUV PRINT 1,561.25 4805.65630 BAKER & TAYLOR JUV PRINT 1,954.33 4805.65630 BAKER & TAYLOR ADULT/JUV PRINT 11.30 4805.65630 BAKER & TAYLOR JUV PRINT 76.32 4805.65641 BAKER & TAYLOR JUV AV 88.16 7,242.45 4806 LIBRARY ADULT SERVICES 4806.65630 BAKER & TAYLOR ADULT PRINT 2,003.44 4806.65630 BAKER & TAYLOR ADULT PRINT 591.86 4806.65630 BAKER & TAYLOR ADULT PRINT 8.77 4806.65641 BAKER & TAYLOR ADULT AV 49.23 4806.65641 BAKER & TAYLOR ADULT AV 15.73 4806.65641 BAKER & TAYLOR ADULT AV 165.21 4806.65641 BAKER & TAYLOR ADULT AV 164.89 4806.65641 BAKER & TAYLOR ADULT AV 145.38 4806.65641 BAKER & TAYLOR ADULT AV 29.11 4806.65641 BAKER & TAYLOR ADULT AV 46.27 4806.65641 BAKER & TAYLOR ADULT AV 87.02 4806.65641 BAKER & TAYLOR ADULT AV 40.37 4806.65641 BAKER & TAYLOR ADULT AV 20.54 4806.65641 BAKER & TAYLOR ADULT AV 14.23 4806.65641 BAKER & TAYLOR ADULT/JUV AV 16.47 4806.65641 BAKER & TAYLOR ADULT AV 201.90 4806.65641 BAKER & TAYLOR ADULT AV 64.46 4806.65641 BAKER & TAYLOR ADULT AV 300.47 4806.65641 BLACKSTONE AUDIO BOOKS INC.ADULT AV 41.21 4806.65630 BRODART COMPANY ADULT PRINT 1,124.54 4806.65630 BRODART COMPANY ADULT PRINT 18.52 4806.65630 BRODART COMPANY ADULT PRINT 20.40 4806.62340 GALE GROUP ONLINE RESOURCES 1,142.68 4806.65630 MARQUIS WHO'S WHO ADULT PRINT 358.50 4806.62506 NORTHWESTERN UNIVERSITY WORK- WORK-STUDY STUDENTS 128.25 4806.65641 MIDWEST TAPE ADULT AV 40.99 4806.65641 MIDWEST TAPE ADULT AV 154.96 4806.65641 RANDOM HOUSE INC ADULT AV 20.00 4806.65641 RECORDED BOOKS INC.ADULT AV 33.00 4806.65630 BAKER & TAYLOR ADULT PRINT 1,552.48 4806.65630 BAKER & TAYLOR ADULT PRINT 1,752.64 4806.65630 BAKER & TAYLOR ADULT PRINT 718.38 4806.65630 BAKER & TAYLOR ADULT PRINT 1,693.51 4806.65630 BAKER & TAYLOR ADULT PRINT 965.16 4806.65630 BAKER & TAYLOR ADULT PRINT 955.00 *Advanced Payment 1289 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 4806.65630 BAKER & TAYLOR ADULT PRINT 1,832.51 4806.65630 BAKER & TAYLOR ADULT PRINT 1,332.12 4806.65630 BAKER & TAYLOR ADULT PRINT 673.62 4806.65630 BAKER & TAYLOR ADULT PRINT 499.30 4806.65630 BAKER & TAYLOR ADULT PRINT 46.36 4806.65630 BAKER & TAYLOR ADULT PRINT 118.63 4806.65630 BAKER & TAYLOR ADULT PRINT 102.44 4806.65630 BAKER & TAYLOR ADULT/JUV PRINT 132.32 4806.65630 BAKER & TAYLOR ADULT PRINT 22.31 4806.65630 BAKER & TAYLOR ADULT PRINT 76.43 4806.65630 BAKER & TAYLOR ADULT PRINT 137.05 4806.65630 BAKER & TAYLOR ADULT PRINT 576.96 4806.65630 BAKER & TAYLOR ADULT PRINT 667.78 20,903.40 4820 LIBRARY CIRCULATION 4820.62506 NORTHWESTERN UNIVERSITY WORK- WORK-STUDY STUDENTS 677.26 4820.52610 UNIQUE MANAGEMENT SERVICES COLLECTION CHARGES 241.65 918.91 4835 LIBRARY TECHNICAL SERVICES 4835.62341 COOPERATIVE COMPUTER SERVICES SERV. AGREEMENT 2012 4,350.98 4835.62340 COOPERATIVE COMPUTER SERVICES LIBRARY COMPUTER SERVICE 801.35 5,152.33 4840 LIBRARY MAINTENANCE 4840.62225 CINTAS #769 MAT SERVICE 64.19 4840.62225 CONQUEST PEST SOLUTIONS BUILDING MAINTENANCE SERVICES 115.00 4840.62245 ALARM DETECTION SYSTEMS, INC. ALARM CHARGES 496.26 4840.62225 CONQUEST PEST SOLUTIONS BUILDING MAINTENANCE SERVICES 480.00 4840.65040 LAPORT INC JANITORIAL SUPPLIES 616.43 1,771.88 4845 LIBRARY ADMINISTRATION 4845.65095 OFFICE DEPOT OFFICE SUPPLIES 251.55 4845.65095 OFFICE DEPOT OFFICE SUPPLIES 7.29 4845.65095 OFFICE DEPOT OFFICE SUPPLIES 4.49 4845.65095 ILLINOIS PAPER COMPANY COPY PAPER 8.5X11 WHITE 1,344.00 4845.62210 THE PRINTED WORD, INC.PRINTING 43.00 4845.65095 OFFICE DEPOT OFFICE SUPPLIES 30.06 4845.64540 NEXTEL WIRELESS SERVICES 27.21 1,707.60 37,696.57 00190 HPRP GRANT FUND 4901 HPRP GRANTS 4901.63159 CONNECTIONS FOR THE HOMELESS HPRP SUPPORT SERV.4,218.98 4,218.98 4,218.98 00195 NEIGHBOR.STABILIZATION PROGRAM 5006 PROGRAM DELIVERY 5006.62205 EVANSTON NOW LLC LIVE EVANSTON LEADERBOARD 750.00 *Advanced Payment 1390 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 5006.62205 EVANSTON ROUND TABLE LLC LIVE EVANSTON AD 279.00 5006.62205 EVANSTON ROUND TABLE LLC LIVE EVANSTON WEBLINK 150.00 5006.62205 EVANSTON ROUND TABLE LLC LIVE EVANSTON AD APRIL 334.00 5006.62205 CHICAGO TRIBUNE CAMPAIGN #2287581 ONLINE 960.00 5006.62205 AMERICAN MARKETING SERVICES, I NSP2 PROGRAM ADS 606.83 3,079.83 3,079.83 00205 EMERGENCY TELEPHONE SYSTEM 5150 EMERGENCY TELEPHONE SYSTM 5150.65085 MOTOROLA SOLUTIONS, INC.PORTABLE PRGR. CABLE 71.25 5150.64505 AT & T 8100 WIRELESS SERVICE 475.28 5150.62509 IRON MOUNTAIN OSDP OFF-SITE DATA 287.56 5150.62509 IRON MOUNTAIN OSDP MAINT. AGGREMENT 289.46 5150.64505 AT & T COMMUNICATION CHARGES 6,143.01 5150.64540 NEXTEL WIRELESS SERVICES 1,517.21 5150.64540 VERIZON WIRELESS (25505)WIRELESS SERVICES 2,774.75 11,558.52 11,558.52 00210 SPECIAL SERVICE DIST #4 5160 SPECIAL SERVICE DIST #4 5160.62517 EVMARK OPERATING FUNDS-2ND QRT 99,500.00 99,500.00 99,500.00 00215 CDBG FUND 5203 HANDYMAN 5203.63095 CEDA/EVANSTON NEIGHBORS AT WOR HANDYMAN PROGRAM REIMBURSEMENT 1,897.14 1,897.14 5205 TARGETED CODE ENFORCEMENT 5205.62770 TGF ENTERPRISES, INC.CASE 09-0081 1409 DARROW 75.00 5205.62770 ABG SERVICES, INC.CASE #09-0451 2021 DODGE 220.00 5205.62770 ABG SERVICES, INC.BOARD UP 816 CLARK 160.00 5205.62770 TGF ENTERPRISES, INC.CASE 09-0339 1800 GREENLEAF 87.00 5205.62770 TGF ENTERPRISES, INC.CASE 08-0821 1615 MCDANIEL 350.00 5205.62770 TGF ENTERPRISES, INC.CASE 08-0876 623-27 HOWARD 75.00 5205.62770 TGF ENTERPRISES, INC.CASE 08-0008 913-15 FORESTRY 75.00 5205.62770 TGF ENTERPRISES, INC.CASE 09-0188 2004 LAKE STREET 50.00 1,092.00 5220 CDBG ADMINISTRATION 5220.62205 EVANSTON ROUND TABLE LLC PUBLIC SERV. ANNOUNCEMENT 242.00 242.00 5240 PUBLIC SERVICES 5240.62970 CONNECTIONS FOR THE HOMELESS ENTRY POINT PAYMENT 1,500.00 5240.62955 EVANSTON NORTHSHORE YWCA, DOME DOMESTIC VIOLENCE SERV.12,500.00 5240.62945 YOUTH JOB CENTER OF EVANSTON YOUTH EMPLOYMENT 17,500.00 5240.62935 JAMES B. MORAN CENTER FOR YOUT LEGAL/SOCIAL WORK 16,500.00 5240.63120 MEALS AT HOME FOOD PROG/SENIORS/DISABLED 6,500.00 *Advanced Payment 1491 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 5240.62980 NORTH SHORE SENIOR CENTER MONTHLY CHARGES 9,000.00 5240.62985 INTERFAITH HOUSING CENTER OF N HOMESHARING PROGRAM 6,500.00 5240.62960 INTERFAITH ACTION OF EVANSTON JOB COUNSELOR/ HOMELESS 1,000.00 71,000.00 74,231.14 00220 CD LOAN FUND 5280 SINGLE FAM REHAB PROGRAM 5280.65535 ELECTRICAL ENTERPRISES, INC.CASE SF 958.09 1034 FLORENCE 1,925.00 5280.62190 EQUIFAX CREDIT TAX SUMMARY 5.32 5280.62190 EMERSON LLC, JACKSON TAX SUMMARY 21.05 1,951.37 5285 MULTI FAM REHAB PROGRAM 5285.65535 STAT ANALYSIS CORPORATION CASE MF 095-12 629-31 HOWARD 40.00 5285.65535 STAT ANALYSIS CORPORATION CASE MF 095-12 629-31 HOWARD 40.00 5285.65535 PHOENIX CONSTRUCTION COMPANY O *631 HOWARD REPAIRS 19,600.00 5285.65535 VALUE REMODELING CASE MF 095-12 629 HOWARD 1,100.00 5285.65535 DESIGN COMFORT HVAC, INC CASE MF 095-12 629 HOWARD 5,500.00 26,280.00 28,231.37 00225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 5300.62280 FEDERAL EXPRESS CORP.SHIPPING 66.41 5300.62509 EVMARK LANDSCAPING AGREEMENT-2ND 11,030.88 5300.62659 EVMARK 2012 CONTRIBUTION 9,625.00 5300.62490 EVANSTON CHAMBER OF COMMERCE 92ND ANNUAL MEETING/AWARDS 600.00 5300.62136 KANE, MCKENNA AND ASSOCIATES, RFP 12-39 CONSULTING SERVICES 175.00 5300.62136 KANE, MCKENNA AND ASSOCIATES, RFP 12-39 CONSULTING SERVICES 12.50 5300.62136 KANE, MCKENNA AND ASSOCIATES, RFP 12-39 CONSULTING SERVICES 2,475.00 5300.62136 KANE, MCKENNA AND ASSOCIATES, RFP 12-39 CONSULTING SERVICES 4,325.00 28,309.79 28,309.79 00300 WASHINGTON NATL TIF DEBT SERV 5470 WASHINGTON NAT'L TIF DS 5470.62605 EVMARK 2012 CONTRIBUTION 9,625.00 5470.62605 EVMARK LANDSCAPING AGREEMENT-2ND 11,030.87 20,655.87 20,655.87 00320 DEBT SERVICE FUND 5707 2007 BONDS 5707.62350 WELLS FARGO BANK GO SERIES 2007 250.00 250.00 5708 2008C BONDS 5708.62350 WELLS FARGO BANK GO SERIES 2008C 250.00 250.00 5709 2008D BONDS 5709.62350 WELLS FARGO BANK GO SERIES 2008B 250.00 *Advanced Payment 1592 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 250.00 5710 2008A (REFINAN. 2000) GO BONDS 5710.62350 WELLS FARGO BANK GO SERIES 2008A 250.00 250.00 1,000.00 00335 WEST EVANSTON 5870 WEST EVANSTON TIF 5870.62605 ENVIRONMENTAL CONSULTING GROUP SITE INVEST.1801-05 CHURCH 4,485.00 5870.62605 MAROUS & COMPANY SUMMARY APPRAISAL REPORT 1,350.00 5,835.00 5,835.00 00415 CAPITAL IMPROVEMENTS FUND 415175 CIVIC CTR RENOVATIONS 415175.65050 CHICAGO AREA BUILDING SPECIALT *CREDIT GLACIER CEILING TILES 198.72- 415175.65050 CHICAGO AREA BUILDING SPECIALT CREDIT GLACIER TILES 518.40- 415175.65050 CHICAGO AREA BUILDING SPECIALT CEILING TILE 469.44- 415175.65050 CHICAGO AREA BUILDING SPECIALT CEILING TILE 3,810.24 415175.65050 CHICAGO AREA BUILDING SPECIALT CEILING TILES 1,280.64 415175.65050 CHICAGO AREA BUILDING SPECIALT CREDIT GLACIER TILES 198.72- 415175.65050 CHICAGO AREA BUILDING SPECIALT CEILING TILE 1.28- 415175.65050 CHICAGO AREA BUILDING SPECIALT CEILING TILE 2,822.40 415175.65510 RIDDIFORD ROOFING COMPANY ROOF REPAIR 2100 RIDGE 966.00 415175.62145 MOSHE CALAMARO & ASSOC STRUCTURAL SERV. 2100 RIDGE 445.00 415175.65050 CHICAGO AREA BUILDING SPECIALT *CREDIT GLACIER CEILING TILES 394.24- 415175.65050 CHICAGO AREA BUILDING SPECIALT *CREDIT GLACIER CEILING TILES 518.40- 415175.65050 CHICAGO AREA BUILDING SPECIALT *WHITE CEILING TILES 303.75 415175.65050 CHICAGO AREA BUILDING SPECIALT *GLACIER CEILING TILES 2,634.24 415175.65050 CHICAGO AREA BUILDING SPECIALT *GLACIER/WHITE CEILING TILES 3,646.74 415175.65050 BULLOCK, LOGAN & ASSOCIATES, I LMCC COOLING TOWER REPLACEMENT 8,658.00 415175.65050 BULLOCK, LOGAN & ASSOCIATES, I LMCC COOLING TOWER REPLACEMENT 806.44- 415175.65050 CHICAGO AREA BUILDING SPECIALT *GLACIER CEILING TILES 3,028.48 24,489.85 415176 CIVIC CTR PRK LOT LIGHTING IMP 415176.62145 KLAUCENS & ASSOCIATES, INC.CIVIC CENTER PARKING LOT 3,375.00 3,375.00 415224 SERV. CTR PARKING DECK REPAIRS 415224.62140 WALKER INC., CARL REPAIR OF EVANSTON MUNICIPAL 2,658.82 2,658.82 415227 SERV. CTR- LOCKER ROOM RENOVAT 415227.62135 BEHLES & BEHLES SERVICE CTR LOCKER ROOM 4,488.00 4,488.00 415414 LAKEFRONT-LAGOON AREA IMPROV 415414.62145 B.H. SUHR & COMPANY, INC.LAGOON SURVEY UPDATE 6,000.00 6,000.00 415568 CROWN CTR IMPR.-MINOR PROJECTS 415568.65050 CALMAC MANUFACTURING CORPORATI ALUMA-ZORB CEILING CURTAIN,1,432.48 *Advanced Payment 1693 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 1,432.48 415606 LEVY CENTER CAMERA PROJECTS 415606.65555 CURRENT TECHNOLOGIES CORP *LEVY CAMERA PROJECT 10,793.32 415606.65555 CURRENT TECHNOLOGIES CORP *LEVY CAMERA PROJECT 99.68 415606.62340 CURRENT TECHNOLOGIES CORP *LEVY CAMERA PROJECT 305.12 415606.62340 CURRENT TECHNOLOGIES CORP *LEVY CAMERA PROJECT 99.88 415606.65555 CURRENT TECHNOLOGIES CORP *LEVY CAMERA PROJECT 65.31- 415606.65555 CURRENT TECHNOLOGIES CORP *LEVY CAMERA PROJECT 716.31 11,949.00 415854 ALLEY PAVING - CITY SHARE 415854.65515 COOK COUNTY RECORDER OF DEEDS RECORDS FEES 162.00 162.00 415898 Church St Rehab-Dodge-Ashland 415898.65515 CHICAGO TRIBUNE ADVERTISEMENT CHURCH STREET 792.00 792.00 416021 POL./FIRE HQ EJECTOR PUMP REPL 416021.65510 METROPOLITAN INDUSTRIES INC. REPLACEMENT PUMP 9,988.00 9,988.00 416209 CTA YELLOW LINE FEASIBILITY ST 416209.65515 PARSONS BRINCKERHOFF (FKA PB A CTA YELLOW LINE STATION ENGIN.22,355.65 22,355.65 87,690.80 00505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 7005.65515 RMS BUSINESS SYSTEMS AUTOMATIC LICENSE PLATE 10,500.00 7005.65095 OFFICE DEPOT OFFICE SUPPLIES PARK SYS MGMT 25.10 7005.53406 GORETSKY, LENA REFUND-OVERPYMNT PARKING 9.75 7005.65515 RMS BUSINESS SYSTEMS AUTOMATIC LICENSE PLATE 108,462.18 7005.64540 NEXTEL WIRELESS SERVICES 305.07 7005.53406 RUTLEDGE, JILL REFUND OVERPYMNT PARKING 1.30 7005.53406 KREBS, TOM REFUND-OVERPYMNT PARKING 9.45 7005.53450 EMSERMANN, KURT REFUND PERMIT 76.00 7005.53410 PATEL, MINESH REFUND PERMIT 120.00 7005.62431 GARDA CL GREAT LAKES, INC.ARMORED CAR SERVICES 2,722.40 7005.62431 GARDA CL GREAT LAKES, INC.ARMORED CAR SERVICES 1,270.50 123,501.75 7015 PARKING LOTS & METERS 7015.65070 GRAINGER, INC., W.W.METER SHOP-METER BATTERIES 642.60 7015.62230 GRAINGER, INC., W.W.GENERAL LIGHTING LAMPS-LOT 60 412.20 7015.53500 COOK COUNTY COLLECTOR *PARKING TAX-APRIL 2012 240.00 7015.65070 IPS GROUP, INC.MONTHLY CHARGES 412.80 7015.64005 COMED ELECTRICITY 213.82 7015.64005 COMED ELECTRICITY 303.99 2,225.41 7025 CHURCH STREET GARAGE 7025.62400 CENTRAL PARKING SYSTEM OF ILLI OPERATING/MANAGEMENT FEES 23,918.61 *Advanced Payment 1794 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7025.53515 MURPHY, JEROME ACCESS CARD REFUND 25.00 7025.53515 HUPY, REX ACCESS CARD REFUND 25.00 7025.65050 SIMPLEX GRINNELL MAINTENANCE REPAIR 450.00 7025.64505 CALL ONE COMMUNICATION CHARGES 971.33 7025.53500 COOK COUNTY COLLECTOR *PARKING TAX-APRIL 2012 2,232.00 7025.62509 REVCON TECHNOLOGIES, INC.SERVICE CONTRACT MAINTENANCE 2,650.00 7025.53515 ZANEUSKY, ANDREW ACCESS CARD REFUND 25.00 7025.53515 WALLACE, ROBERT W.ACCESS CARD REFUND 25.00 7025.53515 STRUNK, STEVE ACCESS CARD REFUND 25.00 30,346.94 7036 SHERMAN GARAGE 7036.53515 MERTOGUL, AYHAN ACCESS CARD REFUND 25.00 7036.53515 HAIR ART ACCESS CARD REFUND 25.00 7036.62245 SIMPLEX GRINNELL ANNUAL INVOICE-CONTRACT 7,525.00 7036.53515 VACHA, GARY ACCESS CARD REFUND 25.00 7036.53515 WAGNER, NATHAN ACCESS CARD REFUND 25.00 7036.53515 VON HUSEN, EILEEN ACCESS CARD REFUND 25.00 7036.62660 INLAND AMERICAN RETAIL MANAGEM MAINTENANCE 7,016.41 7036.53515 GOODMAN, JONATHON ACCESS CARD REFUND 25.00 7036.53515 GOLD, ASHLEY ACCESS CARD REFUND 25.00 7036.62509 REVCON TECHNOLOGIES, INC.SERVICE CONTRACT MAINTENANCE 7,510.00 7036.53515 FINE, CAROL ACCESS CARD REFUND 25.00 7036.53515 MAAGUO, NICOLE ACCESS CARD REFUND 25.00 7036.53500 COOK COUNTY COLLECTOR *PARKING TAX-APRIL 2012 3,909.25 7036.53515 GODFREY, HANNA ACCESS CARD REFUND 25.00 7036.64505 AT & T COMMUNICATION CHARGES 103.26 7036.53515 BUKOFZER, TERRI ACCESS CARD REFUND 25.00 7036.53515 BERGMAN, DANIEL ACCESS CARD REFUND 25.00 7036.64505 CALL ONE COMMUNICATION CHARGES 1,842.78 7036.53515 WARD, REBEKEH ACCESS CARD REFUND 25.00 7036.62400 CENTRAL PARKING SYSTEM OF ILLI OPERATING/MANAGEMENT FEES 54,131.47 7036.53515 VALLABHANENI, VENKATA ACCESS CARD REFUND 25.00 7036.53515 MARTINEZ, RODRIGO ACCESS CARD REFUND 25.00 7036.53515 LANE, MATT ACCESS CARD REFUND 25.00 7036.53515 LAGORY, DENNIS ACCESS CARD REFUND 25.00 7036.53515 KOEFFLER, CHLOE ACCESS CARD REFUND 25.00 7036.53515 KODZIENE, VILMA ACCESS CARD REFUND 25.00 7036.53515 KNIGHT, MATT ACCESS CARD REFUND 25.00 7036.53515 KIM, HEYJIN ACCESS CARD REFUND 25.00 7036.53515 JACOBS, JOHN ACCESS CARD REFUND 25.00 7036.53515 MILLER, TRACY ACCESS CARD REFUND 25.00 82,613.17 7037 MAPLE GARAGE 7037.62400 CENTRAL PARKING SYSTEM OF ILLI OPERATING/MANAGEMENT FEES 47,837.30 7037.64015 NICOR 0632 NATURAL GAS 82.26 7037.53515 1840 OAK, LLC ACCESS CARD REFUND 25.00 7037.53515 ABHALTER, MATT ACCESS CARD REFUND 25.00 7037.53515 BEERS, CLAIRE ACCESS CARD REFUND 25.00 7037.53515 BRIDGES, JONATHAN ACCESS CARD REFUND 25.00 *Advanced Payment 1895 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7037.53515 CETINKAYA, VOLKAN ACCESS CARD REFUND 25.00 7037.53515 COTTRELL, LENNIE ACCESS CARD REFUND 25.00 7037.53500 EBENEZER A.M.E. CHURCH REFUND DAILY COUPONS 264.00 7037.53515 GAMBOA, NICOLE ACCESS CARD REFUND 25.00 7037.53515 ROEDER, VIRGINIA ACCESS CARD REFUND 25.00 7037.53515 TAMS, BRUCE ACCESS CARD REFUND 25.00 7037.53515 YAMADA-HORGEN, SAYO ACCESS CARD REFUND 25.00 7037.62509 REVCON TECHNOLOGIES, INC.SERVICE CONTRACT MAINTENANCE 5,036.00 7037.53500 COOK COUNTY COLLECTOR *PARKING TAX-APRIL 2012 2,385.50 7037.53500 COOK COUNTY COLLECTOR *PARKING TAX-APRIL 2012 440.00 7037.64505 CALL ONE COMMUNICATION CHARGES 1,299.78 7037.53515 MULLEY, DOUGLAS ACCESS CARD REFUND 25.00 7037.53515 SCHWARTING, BRIAN ACCESS CARD REFUND 25.00 7037.53515 MILLER, JENNIFER ACCESS CARD REFUND 25.00 7037.53515 LI, CHENG ACCESS CARD REFUND 25.00 57,694.84 296,382.11 00510 WATER FUND 510 WATER FUND 510.22700 PONEMAN, FREDERICK & DEBORAH REFUND-OVERPYMNT WATER BILL 1,461.44 510.22700 WEST, JILL WATER REFUND 57.53 1,518.97 7100 WATER GENERAL SUPPORT 7100.64540 NEXTEL WIRELESS SERVICES 206.63 7100.56140 ILLINOIS DEPT OF REVENUE *SALES TAX- APRIL 2012 138.00 7100.62420 METROPOLITAN WATER RECLAMATION *ANNUAL EASEMENT AGREEMENT 7,078.90 7100.62295 JANES, JAMES CLASS A TEST PREP. CLASS 152.51 7100.53575 FEDERAL EXPRESS CORP.SHIPPING 115.22 7100.53575 FEDERAL EXPRESS CORP.SHIPPING 111.06 7100.53575 FEDERAL EXPRESS CORP.SHIPPING 119.38 7100.64505 FEDERAL EXPRESS CORP.SHIPPING 336.04 7100.65095 OFFICE DEPOT OFFICE SUPPLIES FOR FY 2012 108.84 7100.62295 AMERICAN PUBLIC WORKS ASN MEMBERSHIP 90.00 8,456.58 7105 PUMPING 7105.64540 NEXTEL WIRELESS SERVICES 163.26 7105.64005 COMED MONTHLY CHARGES 60.16 7105.64505 CALL ONE COMMUNICATION CHARGES 149.81 7105.64015 NICOR 0632 MONTHLY CHARGES 31.33 404.56 7110 FILTRATION 7110.64540 NEXTEL WIRELESS SERVICES 163.26 7110.65015 ALEXANDER CHEMICAL CORPORATION LIQUID CHLORINE - TON CONTAINE 3,396.00 7110.65070 MOTION INDUSTRIES INC. SHIPPING COST 25.83 7110.65070 MOTION INDUSTRIES INC.COOPER CARTRIDGE,BEARING,SEALS 1,486.92 7110.65070 MOTION INDUSTRIES INC.COOPER TRIPLE LABYRINTH SEAL .03- 7110.65070 MOTION INDUSTRIES INC.COOPER TRIPLE LABYRINTH SEAL 523.23 7110.65070 MOTION INDUSTRIES INC.COOPER TRIPLE LABYRINTH SEAL 14.04 *Advanced Payment 1996 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7110.65070 MOTION INDUSTRIES INC.COOPER TRIPLE LABYRINTH SEAL 225.40 7110.62465 UNDERWRITERS LABORATORIES INC. 2012 LABORATORY TESTING 215.00 7110.62465 UNDERWRITERS LABORATORIES INC. 2012 LABORATORY TESTING 10.00 6,059.65 7115 DISTRIBUTION 7115.65055 HD SUPPLY WATERWORKS 2" (K) SOFT COPPER TUBING 1,447.20- 7115.65055 HD SUPPLY WATERWORKS 1-1/2" (K) SOFT COPPER TUBING 1,003.20 7115.65051 OZINGA CHICAGO RMC, INC.FY2012 CONCRETE PURCHASE 1,102.00 7115.64540 NEXTEL WIRELESS SERVICES 373.98 7115.65055 HD SUPPLY WATERWORKS 2" (K) SOFT COPPER TUBING 4,341.60 7115.65051 HEALY ASPHALT FY2012 HOT MIX ASPHALT 531.44 7115.65051 HEALY ASPHALT FY2012 HOT MIX ASPHALT 627.64 7115.65051 HEALY ASPHALT FY2012 HOT MIX ASPHALT 410.28 7115.65051 HEALY ASPHALT FY2012 HOT MIX ASPHALT 476.68 7115.65051 HEALY ASPHALT FY2012 HOT MIX ASPHALT 354.12 7115.65051 HEALY ASPHALT FY2012 HOT MIX ASPHALT 265.20 7115.65051 GALLAGHER MATERIALS CORPORATIO FY2012 UPM COLD PATCH PURCHASE 4,693.38 7115.65051 GALLAGHER MATERIALS CORPORATIO FY2012 UPM COLD PATCH PURCHASE 4,822.20 7115.65055 HD SUPPLY WATERWORKS 1" (K) SOFT COPPER TUBING 2,862.00 20,416.52 7120 WATER METER MAINTENANCE 7120.64540 NEXTEL WIRELESS SERVICES 86.13 86.13 7125 OTHER OPERATIONS 7125.62180 CHICAGO TRIBUNE LEGAL AD FOR RFP TRANSMISSION 484.00 7125.62455 ON TRACK FULFILLMENT INC.RPZ POSTCARDS 110.00 594.00 37,536.41 00513 WATER-DEPR, IMPROV & EXTENSION 733078 SCADA SYSTEM IMPROVEMENTS 733078.62145 CDM SMITH, INC.EVANSTON WATER UTILITY 13,547.57 13,547.57 733113 PUMP. STATON SWITCHGEAR REPAIR 733113.62145 CDM SMITH, INC.ENGINEERING SERVICES 1,255.15 1,255.15 14,802.72 00515 SEWER FUND 7400 SEWER MAINTENANCE 7400.65051 OZINGA CHICAGO RMC, INC.FY2012 CONCRETE PURCHASE 726.00 7400.62460 THIRD MILLENNIUM ASSOC REGULAR, PAST DUE & SHUT OFF 339.28 7400.64540 NEXTEL WIRELESS SERVICES 233.43 7400.62415 KLF TRUCKING EXTEND PO 13383 DEBRIS HAULING 2,199.00 7400.65051 OZINGA CHICAGO RMC, INC.FY2012 CONCRETE PURCHASE 1,860.00 5,357.71 7420 SEWER IMPROVEMENTS 7420.62461 AMERICAN PIPE LINERS, INC.2012 CIPP SEWER REHAB 149,260.50 *Advanced Payment 2097 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 149,260.50 154,618.21 00520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 7685.56155 ILLINOIS DEPT OF REVENUE *SALES TAX- APRIL 2012 720.00 7685.62405 WELLS FARGO BANK- SWANCC SWANCC OPERATIONS & MAINT.72,951.12 7685.68310 WELLS FARGO BANK- SWANCC SWANCC CAPITAL COSTS 5,232.15 7685.62390 LAKESHORE WASTE SERVICES, LLC FY2012 CONDO REFUSE COLLECTION 31,416.67 7685.62415 GROOT RECYCLING & WASTE SERVIC FY2012 RESIDENTIAL REFUSE 216,925.00 327,244.94 7690 RESIDENTIAL RECYCLING COL 7690.64005 COMED MONTHLY CHARGES 305.96 305.96 7695 YARD WASTE COLLECTION 7695.62415 GROOT RECYCLING & WASTE SERVIC FY2012 YARD WASTE COLLECTION 65,886.00 65,886.00 393,436.90 00600 FLEET SERVICES 7705 GENERAL SUPPORT 7705.64540 NEXTEL WIRELESS SERVICES 108.29 7705.64505 CALL ONE COMMUNICATION CHARGES 266.22 374.51 7710 MAJOR MAINTENANCE 7710.65060 MIDWEST TIME RECORDER MAINTENANCE CONTRACT 105.00 7710.65060 MONROE TRUCK EQUIPMENT ROLL OFF WHEELS 687.00 7710.65060 NORTH SUBURBAN AUTO SUPPLY CRANKCASE VENT ELBOW 11.12 7710.65060 ORLANDO AUTO TOP SEAT CUSHION REBUILD 150.00 7710.65060 P & G KEENE ELECTRICAL ALTERNATOR 165.00 7710.65065 POMP'S TIRE SERVICE, INC.TIRE REPAIR 300.72 7710.65065 POMP'S TIRE SERVICE, INC.2 TIRE REPAIRS 83.00 7710.65065 POMP'S TIRE SERVICE, INC.NEW TIRE 272.05 7710.65060 R.N.O.W., INC.RETURN FILTER ELEMENT 554.55 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 136.02 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 113.52 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 152.90 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 152.90 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 152.90 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 152.90 7710.65035 COUNTRY GAS CO.CYLNDER RENTAL 29.95 7710.65060 CUMBERLAND SERVICENTER LATCH DOOR 192.80 7710.65060 CUMMINS NORTHERN IL., INC OUTSIDE REPAIR #716 2,030.94 7710.65060 CUMMINS NORTHERN IL., INC VALVE 55.00- 7710.65060 CUMMINS NORTHERN IL., INC VALVE RETURN 370.46- 7710.65060 DOUGLAS TRUCK PARTS JACK AIR/HYDROLICS 526.00 7710.65060 DUECO, INC.VALVE RETURN 64.09- 7710.65060 DUECO, INC.ANNUAL INSPECTION 4,029.63 7710.65085 A - 1 EQUIPMENT AIR CONDITIONING RECOVERY 524.79 *Advanced Payment 2198 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 EVANSTON AUTO GLASS OUTSIDE REPAIR #502 395.00 7710.65060 EVANSTON CAR WASH & DETAIL CEN 4 WASHES 39.96 7710.65060 EVANSTON AUTO GLASS OUTSIDE REPAIR #63 45.00 7710.65060 FACTORY MOTOR PARTS FILTER ASSYM.17.32 7710.65060 FACTORY MOTOR PARTS BRAKE PARTS 216.74 7710.65060 FACTORY MOTOR PARTS ROTOR ASSYM.49.98 7710.65060 FLINK COMPANY OIL ADAPTER SEALS 87.36 7710.65060 FOSTER COACH SALES, INC.AIR SUSPENSION SWITCH 126.15 7710.65060 FOSTER COACH SALES, INC.EXTERIOR PADDLE LATCHES 202.58 7710.65060 FREEWAY FORD TRUCK SALES HEADLIGHT SWITCH 134.37 7710.65060 FREEWAY FORD TRUCK SALES PEDAL ASSYM.55.62 7710.65060 FREEWAY FORD TRUCK SALES BRAKE TUBE 115.66 7710.65060 FREEWAY FORD TRUCK SALES FUEL INJECTION SEAL 18.67 7710.65060 GRAINGER, INC., W.W.PRESSURE GAUGE FILLED 25.16 7710.65060 GRAINGER, INC., W.W.EXTINGUISHER 219.28 7710.65060 GRAINGER, INC., W.W.TORCH/BRAZING 135.64 7710.65060 GRAINGER, INC., W.W.SAW BLADE 36.00 7710.65060 GRAINGER, INC., W.W.CARTRIDGE FILTER 18.70 7710.65060 GRAINGER, INC., W.W.FIRE EXTINGUISHER SIGN 30.64 7710.65060 GROVER WELDING COMPANY OUTSIDE REPAIR #667 891.70 7710.65060 GROVER WELDING COMPANY OUTSIDE REPAIR #636 297.30 7710.65060 GROVER WELDING COMPANY OUTSIDE REPAIR #636 575.00 7710.65060 GROVER WELDING COMPANY OUTSIDE REPAIR #719 245.26 7710.65060 GROVER WELDING COMPANY OUTSIDE REPAIR #638 425.00 7710.65060 GROVER WELDING COMPANY OUTSIDE REPAIR #626 425.00 7710.65060 GROVER WELDING COMPANY OUTSIDE REPAIR #618 425.00 7710.65060 HASTINGS AIR-ENERGY CONTROL STACK ADAPTER 817.87 7710.65060 HAVEY COMMUNICATIONS INC.LAP TOP MOUNT/AMBULANCE 186.10 7710.65060 ICEMANN ARENA SERVICES OUTSIDE REPAIR #426 312.55 7710.65060 INLAND POWER GROUP TRANSMISSION CHECK 182.70 7710.65060 INTERSTATE BATTERY OF NORTHERN BATTERY 80.99 7710.65060 INTERSTATE BATTERY OF NORTHERN BATTERY 67.50 7710.65060 INTERSTATE BATTERY OF NORTHERN 3 BATTERIES 293.85 7710.65060 INTERSTATE BATTERY OF NORTHERN 6 BATTERIES 592.10 7710.65060 INTERSTATE BATTERY OF NORTHERN BATTERY 84.95 7710.65035 KELLER HEARTT CO, INC.OIL BULK-400 GALLONS 2,520.00 7710.65035 KUSSMAUL ELECTRONICS CO.OUTSIDE REPAIR 261.16 7710.65060 LAWSON PRODUCTS, INC.BRASS TANK VALVE 13.30 7710.65060 LAWSON PRODUCTS, INC.STEEL SPRING PIN 9.93 7710.65060 LAWSON PRODUCTS, INC.TOOLS/CONVERSION KITS 248.74 7710.65060 LAWSON PRODUCTS, INC.HARDWARE 506.81 7710.65060 LAWSON PRODUCTS, INC.AEROSOL ANTI-RUST 157.20 7710.65060 LEACH ENTERPRISES, INC.ROTOR/BRAKE JOB #327 956.09 7710.65060 LEMOI HARDWARE HEAT RESISTANT ALLUMINUM 15.32 7710.65060 LEMOI HARDWARE COUPLE DWV 2.86 7710.65060 MCCANN INDUSTRIES, INC.TUBE-O RING 138.18 7710.65060 HYDRAULIC SHOP C/O MCKENNA AUT OUTSIDE REPAIR #21 213.00 7710.65060 MCMASTER CARR BRASS POP-SAFETY VALVE 52.26 7710.65060 MIDAS AUTO SERVICE EXPERTS CAR EXHAUST #330 160.00 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 286.81 *Advanced Payment 2299 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 7.11 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 10.20 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 5.34 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 60.75 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 13.80 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 16.12 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 13.54 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 44.65 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 41.62 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 8.36 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 2.52 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 2.36 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 51.65 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 110.60 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 64.02 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 94.88 7710.65060 WIRFS INDUSTRIES INC.FIRE EQUIPMENT ANNUAL INSPECTI 1,656.45 7710.65035 WORLD FUEL SERVICES, INC./TEXO FUEL PURCHASES 29,057.25 7710.65035 WORLD FUEL SERVICES, INC./TEXO FUEL PURCHASES 29,401.71 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 93.92 7710.65015 1ST AYD CORP.HEAVY DUTY ULTRA WIPERS 497.90 7710.65060 AETNA TRUCK PARTS, INC.6 FILTERS 165.27 7710.65060 AETNA TRUCK PARTS, INC.10 SIDE MIRROR 69.50 7710.65060 BILL'S AUTO & TRUCK REPAIR WHEELCHAIR LIFT REPAIR 128.88 7710.65060 CARQUEST EVANSTON ALTERNATOR RETURN 51.00- 7710.65060 CARQUEST EVANSTON PULLEY RETURN 15.98- 7710.65060 CARQUEST EVANSTON CREDIT QUICK DISCONNECT 33.59- 7710.65060 CARQUEST EVANSTON SHAFT/RADIATOR RETURN 318.24- 7710.65060 CARQUEST EVANSTON STARTER RETURN 289.39- 7710.65060 CARQUEST EVANSTON RETURN MINIATURE LAMP 56.01- 7710.65015 CHEMSEARCH DURA-GARD AEROSOL 159.00 7710.65060 CHICAGO INTERNATIONAL TRUCKS, OIL/COOLANT INSPECTION 1,819.37 7710.65060 CHICAGO INTERNATIONAL TRUCKS, HEIGHT VALVE 154.70 7710.65060 CHICAGO INTERNATIONAL TRUCKS, FUEL FILTER 30.74 7710.65060 CHICAGO INTERNATIONAL TRUCKS, FUEL FILTER 17.81 7710.65060 CHICAGO INTERNATIONAL TRUCKS, FUEL FILTER 18.55 7710.65060 CHICAGO INTERNATIONAL TRUCKS, 2 MUD GUARDS 128.36 7710.65060 CHICAGO INTERNATIONAL TRUCKS, FILTERS 46.28 7710.65060 CHICAGO INTERNATIONAL TRUCKS, RADIO 168.74 7710.65060 CHICAGO INTERNATIONAL TRUCKS, CLAMP/FUEL 9.67 7710.65060 CHICAGO INTERNATIONAL TRUCKS, KEY 23.09 7710.65060 CHICAGO INTERNATIONAL TRUCKS, EXHAUST PARTS 165.43 7710.65060 CHICAGO INTERNATIONAL TRUCKS, CLAMP/FUEL 22.34 7710.65060 CHICAGO INTERNATIONAL TRUCKS, MOTOR/FUEL 325.64 7710.65060 CHICAGO INTERNATIONAL TRUCKS, BRACKET RETURN 221.23- 7710.65060 CHICAGO INTERNATIONAL TRUCKS, CORE RETURN 31.92- 7710.65060 GOLF MILL FORD PURCHASE OF OEM FORD PARTS 163.65 7710.65060 GOLF MILL FORD PURCHASE OF OEM FORD PARTS 75.59 7710.65060 GOLF MILL FORD PURCHASE OF OEM FORD PARTS 27.43 7710.65060 GOLF MILL FORD PURCHASE OF OEM FORD PARTS 98.27 *Advanced Payment 23100 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 GOLF MILL FORD PURCHASE OF OEM FORD PARTS 271.99 7710.65060 GOLF MILL FORD PURCHASE OF OEM FORD PARTS 31.76 7710.65060 GOLF MILL FORD PURCHASE OF OEM FORD PARTS 27.78 7710.65060 GOLF MILL FORD PURCHASE OF OEM FORD PARTS 27.78 7710.65060 GOLF MILL FORD PURCHASE OF OEM FORD PARTS 295.38 7710.65060 GOLF MILL FORD PURCHASE OF OEM FORD PARTS 72.33 7710.65060 GOLF MILL FORD PURCHASE OF OEM FORD PARTS 558.68 7710.65060 CHICAGO INTERNATIONAL TRUCKS, 11 FILTERS 145.76 7710.65060 CHICAGO PARTS & SOUND, LLC EXHAUST/EMISSION 81.76 7710.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 168.54 7710.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 28.75 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 113.52 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 113.52 7710.65060 SIGLER'S AUTOMOTIVE & BODY SHO ALIGN FRONT SUSPENSION 187.00 7710.65060 SIGLER'S AUTOMOTIVE & BODY SHO OUTSIDE REPAIR #737 826.53 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 104.00 7710.65060 SPEX HAND WASH - 1235 DODGE SUCTION LINE FILTER 129.25 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 140.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 142.50 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 116.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 138.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 141.50 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 407.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 140.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 124.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 139.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 132.00 7710.65060 SPRING ALIGN OUTSIDE REPAIR #926 1,263.27 7710.65060 R.N.O.W., INC.SUCTION LINE FILTER 406.79 7710.65060 SIGLER'S AUTOMOTIVE & BODY SHO OUTSIDE REPAIR 991.53 7710.65060 EVANSTON AUTO GLASS WINDSHEILD #54 195.00 7710.65060 MCCANN INDUSTRIES, INC.OUTSIDE REPAIR #936 613.03 7710.65060 STANDARD EQUIPMENT COMPANY CAN LIFT ASSYM.2,995.00 7710.65060 STANDARD EQUIPMENT COMPANY PIVOT GUIDE WHEEL 2,011.23 7710.65060 STANDARD EQUIPMENT COMPANY VALVE, MANUAL TIPPER 773.36 7710.65060 SUBURBAN ACCENTS, INC.CITY OF EVANSTON LOGOS 2,116.30 7710.65060 SUBURBAN ACCENTS, INC.REFLECTIVE BLUE #956 40.50 7710.65060 SUNNYSIDE PARTS WAREHOUSE CREDIT-HOSE/VENT 45.27- 7710.65060 SUNNYSIDE PARTS WAREHOUSE HARDWARE SUPPLIES 54.89 7710.65060 SUNNYSIDE PARTS WAREHOUSE RADIATOR COOLER LINE 116.90 7710.65060 SUNNYSIDE PARTS WAREHOUSE RADIATOR 313.87 7710.65060 SUNNYSIDE PARTS WAREHOUSE PULLEY 80.33 7710.65060 SUNNYSIDE PARTS WAREHOUSE DOOR LATCH 75.60 7710.65060 TERMINAL SUPPLY CO.PACKARD CONNECTORS 46.60 7710.65060 TERMINAL SUPPLY CO.ELECTRICAL 166.78 7710.65060 TERMINAL SUPPLY CO.TERMINALS 206.19 7710.65060 TRI-STATE HYDRAULICS INC PERMCO GEAR PUMP 1,003.90 7710.65035 WARREN'S SHELL SERVICE MOTORCYCLE FUEL SALES 587.65 7710.65065 WENTWORTH TIRE SERVICE 4 NEW TIRES 478.64 7710.65065 WENTWORTH TIRE SERVICE 4 NEW TIRES 540.24 *Advanced Payment 24101 of 447 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/30/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65065 WENTWORTH TIRE SERVICE 4 NEW TIRES 453.00 7710.65065 WENTWORTH TIRE SERVICE 16 NEW PURSUIT TIRES 1,563.00 7710.65065 WENTWORTH TIRE SERVICE TIRE MOUNTING #163 140.50 7710.65065 WENTWORTH TIRE SERVICE 4 NEW TIRES 464.76 7710.65060 WEST SIDE TRACTOR OUTSIDE REPAIR #568 54.16 7710.65060 WEST SIDE TRACTOR HOSE ASSYM.49.59 7710.65060 WEST SIDE TRACTOR FENDER 979.85 7710.65060 WEST SIDE TRACTOR YELLOW PAINT 29.64 7710.65060 WEST SIDE TRACTOR AIR FILTER 119.69 7710.65060 WEST SIDE TRACTOR BELT 83.57 7710.65060 WEST SIDE TRACTOR HYDROLIC CYL LOCK 812.69 7710.65060 WEST SIDE TRACTOR CREDIT-AIR FILTER 110.98- 7710.65060 WEST SIDE TRACTOR DOOR HANDLE 35.19 7710.65060 WHOLESALE DIRECT INC LED LAMP KIT 106.25 7710.65060 WHOLESALE DIRECT INC DOME LIGHT 65.67 7710.65060 WHOLESALE DIRECT INC 5 DOME LIGHTS 305.76 7710.65060 WHOLESALE DIRECT INC CHAIN BINDERS 288.00 7710.65060 WHOLESALE DIRECT INC 20 WIPER BLADES 87.76 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 15.15 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 140.20 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 13.00 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 607.10 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 20.32 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 40.64 7710.65060 CARQUEST EVANSTON AUTO PARTS, SEDAN, P/U TRUCK 57.46 113,762.83 7720 CAPITAL OUTLAY 7720.65550 STANDARD EQUIPMENT COMPANY 10" VACTOR TRUCK PURCHASE 334,837.00 7720.62375 UNITED RENTALS ROLLER RENTAL 2,827.24 337,664.24 451,801.58 00605 INSURANCE FUND 7800 RISK MANAGEMENT 7800.66044 STATE TREASURER, ILLINOIS WORK RATE ADJUSTMENT FUND 314.41 314.41 7801 EMPLOYEE BENEFITS 7801.57230 DOTSON, GEORGE E REFUND-OVERPYMNT HEALTH INS 1,959.45 1,959.45 2,273.86 00700 FIREFIGHTERS PENSION FUND 8000 FIREFIGHTERS' PENSION 8000.61755 NORTHERN TRUST COMPANY *INVESTMENT FEES 3,576.16 8000.61755 BURKE BURNS & PINELLI, LTD.*LEGAL FEES 3,057.66 6,633.82 6,633.82 2,010,531.93TOTAL *Advanced Payment 25102 of 447 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT Supplemental Bills List Attachment General 3205.62695 Best Taxi Taxi Cab Coupons payment 5,094.00 3206.62695 American Charge Taxi Cab Coupons payment 138.00 5,232.00 Insurance Various Various Casualty Loss 14,115.06 Various Various Worker's Comp 26,622.41 Various Various Casualty Loss 280.05 Various Various Worker's Comp 7,990.58 49,008.10 NSP2 Various Brinshore Development LLC NSP2 Real Estate Activities 583,495.04 583,495.04 Sewer 7605.68305 IEPA Loan Disbursement Sewer Imp 307,636.02 7623.68305 IEPA Loan Disbursement Sewer Imp 291,948.30 7622.68305 IEPA Loan Disbursement Sewer Imp 165,695.83 7525.68305 IEPA Loan Disbursement Sewer Imp 317,397.49 1,082,677.64 1,720,412.78 Grand Total 3,730,944.71 Prepared by Date Approved by Date CITY OF EVANSTON BILLS LIST PERIOD ENDING 05/30/2012 *Advanced Payment 26103 of 447 For City Council meeting of May 29, 2012 Item A3.1 Business of the City by Motion: Tennis Contract Extension For Action To: Honorable Mayor and Members of the City Council Administration Members of the Administration and Public Works Committee From: Douglas J. Gaynor, Director of Parks, Recreation & Community Services Subject: Tennis Contract Extension with E-Town Tennis, Inc. Date: May 29, 2012 Recommended Action Staff recommends that the City Council authorize the City Manager to execute an agreement with E Town Tennis, Inc. (320 S. Butterfield Road, Libertyville, IL) extending the Tennis Program contract with the City of Evanston through November 30, 2012. Funding Source: Funding for the program is provided by account 3110.62505. All expenses for the program are covered by participation fees. Compensation for the vendor is based on the following percentages of revenue collected: PROGRAM PERCENTAGE OF REVENUE TO VENDOR PERCENTAGE OF REVENUE TO CITY Outdoor Summer Youth Camps 75% 25% Indoor Youth and Adult Classes and Leagues 60% 40% Outdoor Youth and Adult Private and Semi-Private Lessons 90% 10% Outdoor Youth and Adult Classes and Leagues 75% 25% Indoor Youth and Adult Private and Semi-Private Lessons 75% 25% Memorandum 104 of 447 The current contract with E town Tennis, Inc. will expire as of May 31, 2012, based on the programming schedule. Staff estimates an additional $65,000 of instruction expenses to E-Town Tennis through November 30, 2012. The FY2012 budgeted tennis revenue is $119,900 and expense is $113,636. All expenses for the program are covered by participation fees and program expenses are within budget. Summary E-town Tennis, Inc. was awarded a five year contract to provide instructional services for the Recreation Division’s youth and adult tennis program offerings, which they have done excellent work. Staff is requesting an extension to their existing contract in order for them to finish the summer program offerings and allow time to prepare an updated Request for Proposal for tennis. E-Town Tennis is organized and coordinated by Ken Herrmann, a well established tennis instructor and program coordinator. The majority of their instructors are Evanstonians including current members of Evanston community organizations such as Evanston Community Tennis Association. E-Town is responsible for providing administration to the tennis programs, staffing, training, curriculum and equipment. Recreation staff is responsible for handling registration, promoting the tennis program, coordinating tennis court sites throughout the City, including use of James Park, Robert Crown Park, Leahy Park and Lovelace Park as well as Evanston Township High School Field House. In 2011, there were almost 800 participants in the City of Evanston program. Gross revenues for the program were over $104,000. The City has achieved net revenues of approximately $10,500 for the 2011 fiscal year. Attachments: E-Town Tennis, Inc. Professional Services Agreement 105 of 447 1 CITY OF EVANSTON PROFESSIONAL SERVICES AGREEMENT The parties referenced herein desire to enter into an agreement for professional services for Tennis Program for the City of Evanston THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this 29 day of May, 2012, between the City of Evanston, an Illinois municipal corporation with offices located at 2100 Ridge Avenue, Evanston Illinois 60201 (hereinafter referred to as the “City”), and E-Town Tennis, Inc., with offices located at 320 S. Butterfield Rd. Libertyville, IL 60048, (hereinafter referred to as the “Consultant”). Compensation for all basic Services (“the Services”) provided by the Consultant pursuant to the terms of this Agreement shall not exceed $65,000. I. COMMENCEMENT DATE Consultant shall commence the Services on June 1, 2012 or no later than three (3) DAYS AFTER City executes and delivers this Agreement to Consultant. II. COMPLETION DATE Consultant shall complete the Services by December 31, 2012. If this Agreement provides for renewals after an initial term, no renewal shall begin until agreed to in writing by both parties prior to the completion date of this Agreement. III. PAYMENTS City shall pay Consultant those fees as provided here: Payment shall be made upon the completion of each task for a project, as set forth in Exhibit A – Project Milestones and Deliverables. Any expenses in addition to those set forth here must be specifically approved by the City in writing in advance. 106 of 447 2 IV. DESCRIPTION OF SERVICES Consultant shall perform the services (the “Services”) set forth here: Services are those as defined in Exhibit A, the City’s Request for Proposal/Qualifications No. # 07-09 V. GENERAL PROVISIONS A. Services. Consultant shall perform the Services in a professional and workmanlike manner. All Services performed and documentation (regardless of format) provided by Consultant shall be in accordance with the standards of reasonable care and skill of the profession, free from errors or omissions, ambiguities, coordination problems, and other defects. Consultant shall take into account any and all applicable plans and/or specifications furnished by City, or by others at City’s direction or request, to Consultant during the term of this Agreement. All materials, buildings, structures, or equipment designed or selected by Consultant shall be workable and fit for the intended use thereof, and will comply with all applicable governmental requirements. Consultant shall require its employees to observe the working hours, rules, security regulations and holiday schedules of City while working and to perform its Services in a manner which does not unreasonably interfere with the City’s business and operations, or the business and operations of other tenants and occupants in the City which may be affected by the work relative to this Agreement. Consultant shall take all necessary precautions to assure the safety of its employees who are engaged in the performance of the Services, all equipment and supplies used in connection therewith, and all property of City or other parties that may be affected in connection therewith. If requested by City, Consultant shall promptly replace any employee or agent performing the Services if, in the opinion of the City, the performance of the employee or agent is unsatisfactory. Consultant is responsible for conforming its final work product to generally accepted professional standards for all work performed pursuant to this Agreement. Consultant is an independent Consultant and is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including but not limited to, Worker’s Compensation Insurance. Nothing in this Agreement accords any third-party beneficiary rights whatsoever to any non- party to this Agreement that any non-party may seek to enforce. Consultant acknowledges and agrees that should Consultant or its subconsultants provide false information, or fail to be or remain in compliance with this Agreement, the City may void this Agreement. The Consultant warrants and states that it has read the Contract Documents, and agrees to be bound thereby, including all performance guarantees as respects Consultant’s work and all indemnity and insurance requirements. The Consultant shall obtain prior approval from the City prior to subcontracting with any entity or person to perform any of the work required 107 of 447 3 under this Agreement. If the Consultant subcontracts any of the services to be performed under this Agreement, the subconsultant agreement shall provide that the services to be performed under any such agreement shall not be sublet, sold, transferred, assigned or otherwise disposed of to another entity or person without the City’s prior written consent. The Consultant shall be responsible for the accuracy and quality of any subconsultant’s work. All subconsultant agreements shall include verbatim or by reference the provisions in this Agreement binding upon Consultant as to all Services provided by this Agreement, such that it is binding upon each and every subconsultant that does work or provides Services under this Agreement. The Consultant shall cooperate fully with the City, other City contractors, other municipalities and local government officials, public utility companies, and others, as may be directed by the City. This shall include attendance at meetings, discussions and hearings as requested by the City. This cooperation shall extend to any investigation, hearings or meetings convened or instituted by OSHA relative to this Project, as necessary. Consultant shall cooperate with the City in scheduling and performing its Work to avoid conflict, delay in or interference with the work of others, if any, at the Project. Except as otherwise provided herein, the nature and scope of Services specified in this Agreement may only be modified by a writing approved by both parties. This Agreement may be modified or amended from time to time provided, however, that no such amendment or modification shall be effective unless reduced to writing and duly authorized and signed by the authorized representatives of the parties. B. Representation and Warranties. Consultant represents and warrants that: (1) Consultant possesses and will keep in force all required licenses to perform the Services, (2) the employees of Consultant performing the Services are fully qualified, licensed as required, and skilled to perform the Services. C. Termination. City may, at any time, with or without cause, terminate this Agreement upon seven (7) days written notice to Consultant. If the City terminates this agreement, the City will make payment to Consultant for Services performed prior to termination. Payments made by the City pursuant to this Agreement are subject to sufficient appropriations made by the City of Evanston City Council. In the event of termination resulting from non-appropriation or insufficient appropriation by the City Council, the City’s obligations hereunder shall cease and there shall be no penalty or further payment required. In the event of an emergency or threat to the life, safety or welfare of the citizens of the City, the City shall have the right terminate this Agreement without prior written notice. Within thirty (30) days of termination of this Agreement, the Consultant shall turn over to the City any documents, drafts, and materials, including but not limited to, outstanding work product, data, studies, test results, source 108 of 447 4 documents, AutoCad Version 2007, PDF, ArtView, Word, Excel spreadsheets, technical specifications and calculations, and any other such items specifically identified by the City related to the Services herein. D. Independent Consultant. Consultant’s status shall be that of an independent Consultant and not that of a servant, agent, or employee of City. Consultant shall not hold Consultant out, nor claim to be acting, as a servant, agent or employee of City. Consultant is not authorized to, and shall not, make or undertake any agreement, understanding, waiver or representation on behalf of City. Consultant shall at its own expense comply with all applicable workers compensation, unemployment insurance, employer’s liability, tax withholding, minimum wage and hour, and other federal, state, county and municipal laws, ordinances, rules, regulations and orders. Consultant agrees to abide by the Occupational Safety & Health Act of 1970 (OSHA), and as the same may be amended from time to time, applicable state and municipal safety and health laws and all regulations pursuant thereto. E. Conflict of Interest. Consultant represents and warrants that no prior or present services provided by Consultant to third parties conflict with the interests of City in respect to the Services being provided hereunder except as shall have been expressly disclosed in writing by Consultant to City and consented to in writing to City. F. Ownership of Documents and Other Materials. All originals, duplicates and negatives of all plans, drawings, reports, photographs, charts, programs, models, specimens, specifications, AutoCad Version 2007, Excel spreadsheets, PDF, and other documents or materials required to be furnished by Consultant hereunder, including drafts and reproduction copies thereof, shall be and remain the exclusive property of City, and City shall have the unlimited right to publish and use all or any part of the same without payment of any additional royalty, charge, or other compensation to Consultant. Upon the termination of this Agreement, or upon request of City, during any stage of the Services, Consultant shall promptly deliver all such materials to City. Consultant shall not publish, transfer, license or, except in connection with carrying out obligations under this Agreement, use or reuse all or any part of such reports and other documents, including working pages, without the prior written approval of City, provided, however, that Consultant may retain copies of the same for Consultant’s own general reference. G. Payment. Invoices for payment shall be submitted by Consultant to City at the address set forth above, together with reasonable supporting documentation, City may require such additional supporting documentation as City reasonably deems necessary or desirable. Payment shall be made in accordance with the Illinois Local Government Prompt Payment Act, after City’s receipt of an invoice and all such supporting documentation. 109 of 447 5 H. Right to Audit. Consultant shall for a period of three years following performance of the Services, keep and make available for the inspection, examination and audit by City or City’s authorized employees, agents or representatives, at all reasonable time, all records respecting the services and expenses incurred by Consultant, including without limitation, all book, accounts, memoranda, receipts, ledgers, canceled checks, and any other documents indicating, documenting, verifying or substantiating the cost and appropriateness of any and all expenses. If any invoice submitted by Consultant is found to have been overstated, Consultant shall provide City an immediate refund of the overpayment together with interest at the highest rate permitted by applicable law, and shall reimburse all of City’s expenses for and in connection with the audit respecting such invoice. I. Indemnity. Consultant shall defend, indemnify and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Consultant or Consultant’s subcontractors, employees, agents or subcontractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. The Consultant shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1- 101 et seq. At the City Corporation Counsel’s option, Consultant must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Consultant of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Agreement by Consultant must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. To the extent permissible by law, Consultant waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claim by any employee of Consultant that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or 110 of 447 6 any other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute. Consultant shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of its Work or its subConsultants’ work. Acceptance of the work by the City will not relieve the Consultant of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. All provisions of this Section shall survive completion, expiration, or termination of this Agreement. J. Insurance. Consultant shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by Consultant, and insuring Consultant against claims which may arise out of or result from Consultant’s performance or failure to perform the Services hereunder: (1) worker’s compensation in statutory limits and employer’s liability insurance in the amount of at least $500,000, (2) comprehensive general liability coverage, and designating City as additional insured for not less than $3,000,000 combined single limit for bodily injury, death and property damage, per occurrence, (3) comprehensive automobile liability insurance covering owned, non-owned and leased vehicles for not less than $1,000,000 combined single limit for bodily injury, death or property damage, per occurrence, and (4) errors and omissions or professional liability insurance respecting any insurable professional services hereunder in the amount of at least $1,000,000. Consultant shall give to the City certificates of insurance for all Services done pursuant to this Agreement before Consultant performs any Services, and, if requested by City, certified copies of the policies of insurance evidencing the coverage and amounts set forth in this Section. The City may also require Consultant to provide copies of the Additional Insured Endorsement to said policy(ies) which name the City as an Additional Insured for all of Consultant’s Services and work under this Agreement. Any limitations or modification on the certificate of insurance issued to the City in compliance with this Section that conflict with the provisions of this Section shall have no force and effect. Consultant’s certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to City. Consultant understands that the acceptance of certificates, policies and any other documents by the City in no way releases the Consultant and its subcontractors from the requirements set forth herein. Consultant expressly agrees to waive its rights, benefits and entitlements under the “Other Insurance” clause of its commercial general liability insurance policy as respects the City. In the event Consultant fails to purchase or procure insurance as required above, 111 of 447 7 the parties expressly agree that Consultant shall be in default under this Agreement, and that the City may recover all losses, attorney’s fees and costs expended in pursuing a remedy or reimbursement, at law or in equity, against Consultant. Consultant acknowledges and agrees that if it fails to comply with all requirements of this Section, that the City may void this Agreement. K. Confidentiality. In connection with this Agreement, City may provide Consultant with information to enable Consultant to render the Services hereunder, or Consultant may develop confidential information for City. Consultant agrees (i) to treat, and to obligate Consultant’s employees to treat, as secret and confidential all such information whether or not identified by City as confidential, (ii) not to disclose any such information or make available any reports, recommendations and /or conclusions which Consultant may make for City to any person, firm or corporation or use the same in any manner whatsoever without first obtaining City’s written approval, and (iii) not to disclose to City any information obtained by Consultant on a confidential basis from any third party unless Consultant shall have first received written permission from such third party to disclose such information. Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory timeframes (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Consultant’s control, the Consultant shall promptly provide all requested records to the City so that the City may comply with the request within the required timeframe. The City and the Consultant shall cooperate to determine what records are subject to such a request and whether or not any exemptions to the disclosure of such records, or part thereof, is applicable. Consultant shall indemnify and defend the City from and against all claims arising from the City’s exceptions to disclosing certain records which Consultant may designate as proprietary or confidential. Compliance by the City with an opinion or a directive from the Illinois Public Access Counselor or the Attorney General under FOIA, or with a decision or order of Court with jurisdiction over the City, shall not be a violation of this Section. L. Use of City’s Name or Picture of Property. Consultant shall not in the course of performance of this Agreement or thereafter use or permit the use of City’s name nor the name of any affiliate of City, nor any picture of or reference to its Services in any advertising, promotional or other materials prepared by or on behalf of Consultant, nor disclose or transmit the same to any other party. 112 of 447 8 M. No Assignments or Subcontracts. Consultant shall not assign or subcontract all or any part or its rights or obligations hereunder without City’s express prior written approval. Any attempt to do so without the City’s prior consent shall, at City’s option, be null and void and of no force or effect whatsoever. Consultant shall not employ, contract with, or use the services of any other architect, interior designer, engineer, consultant, special contractor, or other third party in connection with the performance of the Services without the prior written consent of City. N. Compliance with Applicable Statues, Ordinances and Regulations. In performing the Services, Consultant shall comply with all applicable federal, state, county, and municipal statues, ordinances and regulations, at Consultant’s sole cost and expense, except to the extent expressly provided to the contrary herein. Whenever the City deems it reasonably necessary for security reasons, the City may conduct at its own expense, criminal and driver history background checks of Consultant’s officers, employees, subcontractors, or agents. Consultant shall immediately reassign any such individual who in the opinion of the City does not pass the background check. O. Liens and Encumbrances. Consultant, for itself, and on behalf of all subcontractors, suppliers, materialmen and others claiming by, through or under Consultant, hereby waives and releases any and all statutory or common law mechanics’ materialmens’ or other such lien claims, or rights to place a lien upon City property or any improvements thereon in connection with any Services performed under or in connection with this Agreement. Consultant further agrees, as and to the extent of payment made hereunder, to execute a sworn affidavit respecting the payment and lien releases of all subcontractors, suppliers and materialmen, and a release of lien respecting the Services at such time or times and in such form as may be reasonably requested by City. Consultant shall protect City from all liens for labor performed, material supplied or used by Consultant and/or any other person in connection with the Services undertaken by consultant hereunder, and shall not at any time suffer or permit any lien or attachment or encumbrance to be imposed by any subConsultant, supplier or materialmen, or other person, firm or corporation, upon City property or any improvements thereon, by reason or any claim or demand against Consultant or otherwise in connection with the Services. P. Notices. Every notice or other communication to be given by either party to the other with respect to this Agreement, shall be in writing and shall not be effective for any purpose unless the same shall be served personally or by United States certified or registered mail, postage prepaid, addressed if to City as follows: City of Evanston, 2100 Ridge Avenue, Evanston, Illinois 60201, Attention: Purchasing Division and to Consultant at the address first above set forth, or at such other address or addresses as City or Consultant may from time to time designate by notice given as above provided. 113 of 447 9 Q. Attorney’s Fees. In the event that the City commences any action, suit, or other proceeding to remedy, prevent, or obtain relief from a breach of this Agreement by Consultant, or arising out of a breach of this Agreement by Consultant, the City shall recover from the Consultant as part of the judgment against Consultant, its attorneys’ fees and costs incurred in each and every such action, suit, or other proceeding. R. Waiver. Any failure or delay by City to enforce the provisions of this Agreement shall in no way constitute a waiver by City of any contractual right hereunder, unless such waiver is in writing and signed by City. S. Severability. In the event that any provision of this Agreement should be held void, or unenforceable, the remaining portions hereof shall remain in full force and effect. T. Choice of Law. The rights and duties arising under this Agreement shall be governed by the laws of the State of Illinois. Venue for any action arising out or due to this Agreement shall be in Cook County, Illinois. The City shall not enter into binding arbitration to resolve any dispute under this Agreement. The City does not waive tort immunity by entering into this Agreement. U. Time. Consultant agrees all time limits provided in this Agreement and any Addenda or Exhibits hereto are of essence to this Agreement. Consultant shall continue to perform its obligations while any dispute concerning the Agreement is being resolved, unless otherwise directed by the City. V. Survival. Except as expressly provided to the contrary herein, all provisions of this Agreement shall survive all performances hereunder including the termination of the Consultant. VI. EQUAL EMPLOYMENT OPPORTUNITY In the event of the Consultant’s noncompliance with any provision of Section 1- 12-5 of the Evanston City Code, the Illinois Human Rights Act or any other applicable law, the Consultant may be declared nonresponsible and therefore ineligible for future contracts or subcontracts with the City, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of the contract, the Consultant agrees as follows: A. 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 114 of 447 10 appropriate affirmative action to rectify any such underutilization. Consultant shall comply with all requirements of City of Evanston Code Section 1-12-5. B. That, in all solicitations or advertisements for employees placed by it on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, or disability. VII. SEXUAL HARASSMENT POLICY The Consultant certifies pursuant to the Illinois Human Rights Act (775 ILCS 5/2- 105 et. seq.), that it has a written sexual harassment policy that includes, at a minimum, the following information: A. The illegality of sexual harassment; B. The definition of sexual harassment under State law; C. A description of sexual harassment utilizing examples; D. The Consultant’s internal complaint process including penalties; E. Legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission, and directions on how to contact both; and F. Protection against retaliation as provided to the Department of Human Rights. VIII. CONSULTANT CERTIFICATIONS A. Consultant acknowledges and agrees that should Consultant or its subconsultant provide false information, or fail to be or remain in compliance with the Agreement, the City may void this Agreement. B. Consultant certifies that it and its employees will comply with applicable provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. Section 1201 et seq.) and applicable rules in performance under this Agreement. C. If Consultant, or any officer, director, partner, or other managerial agent of Consultant, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Consultant certifies at least five years have passed since the date of the conviction. 115 of 447 11 D. Consultant certifies that it has not been convicted of the offense of bid rigging or bid rotating or any similar offense of any State in the U.S., nor made any admission of guilt of such conduct that is a matter of record. (720 ILCS 5/33 E-3, E-4). E. In accordance with the Steel Products Procurement Act, Consultant certifies steel products used or supplied in the performance of a contract for public works shall be manufactured or produced in the U.S. unless the City grants an exemption. F. Consultant certifies that it is properly formed and existing legal entity, and as applicable, has obtained an assumed name certificate from the appropriate authority, or has registered to conduct business in Illinois and is in good standing with the Illinois Secretary of State. G. If more favorable terms are granted by Consultant to any similar governmental entity in any state in a contemporaneous agreement let under the same or similar financial terms and circumstances for comparable supplies or services, the more favorable terms shall be applicable under this Agreement. H. Consultant certifies that it is not delinquent in the payment of any fees, fines, damages, or debts to the City of Evanston. IX. INTEGRATION This Agreement, together with Exhibits A, B, C, and D sets forth all the covenants, conditions and promises between the parties with regard to the subject matter set forth herein. There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. This Agreement has been negotiated and entered into by each party with the opportunity to consult with its counsel regarding the terms therein. No portion of the Agreement shall be construed against a party due to the fact that one party drafted that particular portion as the rule of contra proferentem shall not apply. In the event of any inconsistency between this Agreement, and any Exhibits, this Agreement shall control over the Exhibits. In no event shall any proposal or contract form submitted by Consultant be part of this Agreement unless agreed to in a writing signed by both parties and attached and referred to herein as an Addendum, and in such event, only the portions of such proposal or contract form consistent with this Agreement and Exhibits hereto shall be part hereof. 116 of 447 12 IN WITNESS WHEREOF, the parties hereto have each approved and executed this Agreement on the day, month and year first above written. E-Town Tennis, Inc. CITY OF EVANSTON 20 S. Butterfield Rd. 2100 RIDGE AVENUE Libertyville, IL 60048 EVANSTON, IL 60201 By ________________________ By:________________________ Its: ________________________ Its: _______________________ FEIN Number: _______________ Date: _____________________ Date: _______________________ 117 of 447 13 EXHIBIT A – Project Milestones and Deliverables This EXHIBIT A to that certain Consulting Agreement dated _______ between the City of Evanston, 2100 Ridge Avenue, Evanston, Illinois, 60201(“City”) and E Town Tennis, Inc. (“Consultant”) sets forth the Commencement and Completion Date, Services, Fees, and Reimbursable Expenses as follows: COMMENCEMENT DATE: June 1, 2012 I. COMPLETION DATE: November 30, 2012 II. FEES: PROGRAM REVENUE ALLOCATION SCHEDULE Consultant must submit proposed revenue percentage. Please complete the Revenue Allocation Schedule below. The City’s minimum requirements are listed below. PROGRAM PERCENTAGE OF REVENUE TO CONSULTANT PERCENTAGE OF REVENUE TO CITY CITY REQUIRED MINIMUM PERCENTAGES OF REVENUE Outdoor Youth and Adult Classes and Leagues 25% Outdoor Summer Youth Camps 25% Indoor Youth and Adult Classes and Leagues 40% Outdoor Youth and Adult Private and Semi- Private Lessons 10% Indoor Youth and Adult Private and Semi- Private Lessons 25% 118 of 447 14 IV. SERVICES/SCOPE OF WORK: The scope for the Tennis Program for the City of Evanston includes the following components: 1. Administration of the City of Evanston Tennis Program A. Program • Youth and Adult Classes • Youth and Adult Private and Semi-Private Lessons • Youth Camps B. Staffing. The consultant will provide instruction for the City’s tennis program. Consultant will be responsible for: selecting, training, supervising, and paying the instructors. All staff in direct physical contact with program participants will wear City-issued name tags during program. City reserves the right to prohibit specific instructors from working City of Evanston programs. C. Curriculum • Consultant will develop curriculum for the City's tennis program. • Consultant may recommend new programs with the consent of the City. • City reserves the right to cancel programs that had low or no enrollment in previous sessions. D. Facilities, Storage, Equipment and Rain Provisions • The outdoor programs will be conducted at City tennis courts provided at no cost to Consultant by City. The indoor programs will be conducted at a facility in Evanston and provided by the City at no cost to the consultant. • City shall provide, at no cost to Consultant, storage consisting of Knack storage boxes (Leahy, Lovelace, Robert Crown and James Parks) for the storage of tennis balls, teaching aids, roll dries and any additional equipment needed to conduct the program. • Consultant is responsible for providing tennis balls, ball hoppers, teaching aids and roll dries at Consultant's expense. • Any programs cancelled due to inclement weather shall be made up unless otherwise advertised (with consent of the City). Consultant will update rain information hotline as soon as a decision about cancellation or play has been made. Consultant will respond to inclement weather inquiries from the City within 30 minutes and notify the participants of the make-up date by the next class session. City will provide, at no cost to Consultant, the rain hotline. 119 of 447 15 E. Program Promotion and Evaluation • The City of Evanston will be responsible for promoting the tennis program. The City’s brochures shall include a description of the program sessions, the session dates, fees for each session, and registration information. • Consultant shall provide complete program offering requests for each of the City's brochures as requested by the City. • Consultant shall hold one open house per season (winter, spring, summer and fall) on a weekend for at least 2 hours, at no cost to the City, to promote the tennis program. The City shall provide the facilities for the open house at no cost to the Consultant. The Consultant shall assume costs and responsibility for promoting the open house. • The City of Evanston will produce seasonal usage calendars that will be posted at the City's tennis courts. • Consultant shall distribute and collect City program evaluation forms at the end of each session. Consultant will submit all evaluations to City Staff for data compilation. Consultant will receive one copy of data summary. F. Safety • Consultant will provide, at Consultant's expense, one working cell phone on location at every program for the entire length of the program. • Consultant will have at least one person currently certified in CPR and basic first aid on location at every program for the entire length of the program. • Consultant will provide first aid supplies including ice packs, band-aids, CPR shields, rubber gloves and a wound cleaning agent on location at every program for the entire length of the program, at Consultant's expense. • Should Consultant need to use first aid or CPR on any participant, Consultant will complete a participant accident form, provided by the City, and return it to the City within 24 hours of incident. • For all programs, Consultant will keep on location a completed participant information/emergency form and medication authorization form (if necessary) for EVERY participant. City will provide blank forms to Consultant for on-site registrants. At end of program, Consultant will remit all such forms to City. • Consultant will make sure that all program participants under age 18 have been picked-up by a parent or responsible adult or that participant has parental permission to leave without said adult before Consultant will leave 120 of 447 16 program. All fees collected under City’s Child Pick-Up Policy will be paid to Consultant. • Consultant's programs will comply with all minimum health and safety requirements of other similar City recreation programs. • Consultant’s staff will carry staff ID tags (provided by City) at all times while instructing participants or performing City related work in Evanston. • Consultant’s staff will be subject to the same employment eligibility requirements as other City recreation division employees. 2. Registration A. Fees. The City shall set the fees for the tennis program. B. Initial Registration. The City will be responsible for administering the initial registration of participants for the tennis program. Before the first day of each session, the City shall provide Consultant with a list of the names, addresses, telephone numbers and fees paid of all who have registered for that session. The Consultant will be responsible for reporting unpaid participants to the City. Consultant shall inform the participant that failure to pay will exclude that participant from play during the next class meeting. Consultant will receive payment only for fees collected and shown on City's official accounts receivable class list. C. Low Enrollment. Should low enrollment for programs occur, the Consultant will contact past participants to solicit enrollment. At least five days before the beginning program date, the Consultant will be responsible for contacting registrants for programs with insufficient attendance or altered class times/locations. The Consultant will offer these registrants the following options: 1) Full refund 2) Transfer into another tennis program 3) Transfer into another Evanston Recreation Division class (if space is available in the new class requested). The Consultant will then inform the City of any changes. The city requires a 1:6 ratio of instructors to students. A higher ratio may be acceptable to the City if Consultant can justify the higher ratio. D. Pro-Rating. Consultant may grant participants permission to pro-rate programs and will notify City with the details. E. Class Refunds. The City will be responsible for reimbursing the participant, should they request a refund. The City will process refunds using the Evanston Recreation Division refund policy. If Consultant has already been 121 of 447 17 paid for refunded participant, Consultant will be responsible for reimbursing the City. F. Fee Assistance. The City may provide full or partial fee assistance for tennis programs. The assistance shall be provided according to the criteria developed and applied by the City. There will be no scholarships for private lessons. Consultant will make the normal percentage of the full resident rate for participants receiving fee assistance. G. Reimbursement • The City shall pay Consultant a percentage of all fees earned in connection with the tennis program. The allocation of program revenues shall be in accordance with formulas contractually agreed upon by both parties. • Consultant will provide a typed invoice to the City requesting payment. This will be submitted in accordance with the Consultant invoice submittal deadlines; schedule will be provided by City. If the invoice needs adjustment or explanation, Consultant will work with the City to adjust or explain the invoice. Once the invoice is agreed upon by both parties, it shall be submitted for processing and be paid by the City billing procedure, or earlier if possible. Consultant will receive payment only for fees collected by the City as shown on City class lists. Consultant is responsible for submitting to the City all cash, checks and other payments received by Consultant from registrants. 122 of 447 For City Council meeting of May 29, 2012 Item A3.2 Business of the City by Motion: Non-Union Compensation Study For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Cheryl Chukwu, Human Resources Division Manager Marty Lyons, Assistant City Manager / CFO Subject: Purchase of Services – Comprehensive Non-Union Compensation Study Evergreen Solutions, LLC - $28,000 all inclusive Date: May 23, 2012 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract with Evergreen Solutions, LLC (2852 Remington Green Circle, Suite 101, Tallahassee, Florida) to conduct a comprehensive compensation study for all non-union positions within the City of Evanston. The all-inclusive cost for their service is $28,000. Evergreen has agreed to sign our standard professional services agreement. Funding Source: This study was proposed in the 2012 budget. Funding will be provided by the Division of Human Resources Account 1929.62509 - Service Agreements, budgeted at $38,500. Summary: This study will help define our new normal and establish an updated non-union pay system that is fair and competitive, both internal and externally. Remaining competitive will be critical in the next five years as the economy continues to recover. Although it was anticipated that a large number of baby-boomers would be leaving the workforce in 2011 as they became Medicare eligibility, due to the troubled economic environment, many boomers retained their employment. As soon as the economy begins to show the necessary signs of recovery, boomers will start to drop off the employment roles. Recruitment for highly qualified replacements will be very competitive. With all the recent national media focus on municipal pensions, and organizational downsizing, a significant portion of the smaller new talent pool is not looking at public service as a viable option. We currently have approximately 125 non-union job titles with 200 employees filling those positions. These positions include directors, managers, supervisors, and non- union technical staff. Since January of 2008, 93 people have vacated non-union Memorandum 123 of 447 Page 2 of 2 positions via ERI, resignations, retirements, terminations, and position eliminations. Forty-one non-union employees have joined the organization since 1/1/08, and 9 employees have been promoted into non-union positions. Few of the vacated positions were refilled as they previously existed; most were modified within the context of major departmental reorganizations. In short, the City is not the same organization it was 8 years ago. A Request for Proposals to conduct a study was issued in January 2012. Six proposals were received by the February deadline. A committee of five people reviewed all 6 proposals in March and then interviewed the top two candidates in April. Following is a summary of the scores and costs for each of the proposals. RFP Number 12-106 Score sheet Consultants Qualificatio ns Expertise Organization and Complete- ness of Proposal Price Willingnes s to Contract Agreement M/W/EBE Participatio n Total Total Points Available 25 15 10 30 10 10 100 Public Sector Personnel Consultants 20 8 7 13 ($45,000) 10 1 60 Fox Lawson & Associates 25 13 7 3 ($63,500) 10 3 62 Evergreen Solutions, LLC 22 12 9 30 ($28,000) 10 3 86 Management Advisory Group 21 10 6 21 ($34,985) 10 3 70 The Waters Consulting Group 22 12 9 15 ($36,000) 10 1 69 Springsted Inc. 11 6 6 25 ($31,995) 0 0 48 Evergreen Solutions, while being the most affordable, also has the most comprehensive program which includes the desired level of involvement of staff, supervisors, management and City Council. A proposed workplan, which will take 3-4 months to complete, is attached. As a part of the scope of services, Evergreen will provide the City with an updated compensation plan, an online program to evaluate and classify future positions, and training of HR staff to maintain the new system going forward. Legislative History: This study was part of the approved 2012 Budget proposal. Attachment: Evergreen Workplan 124 of 447 125 of 447 126 of 447 Page 1 of 2 For City Council meeting of May 29, 2012 Item A3.3 Business of the City by Motion: Third Party Claims Administration Contract For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin S. Lyons, Assistant City Manager W. Grant Farrar, Corporation Counsel Robert R. Gustafson, Safety & Worker’s Compensation Manager Subject: Contract Extension for Third Party Administration of General Liability and Worker’s Compensation Claims Date: April 27, 2012 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a one-year extension for the purchase of claims administration services from Cannon Cochran Management Services Inc. (CCMSI) for automobile liability, general liability, and worker’s compensation at an estimated cost of $97,375 for the contract year March 1, 2012 through February 28, 2013. Source of Funding: Funding is provided by the FY2012 Insurance Fund Account 7800.62266 with a budget of $145,000. Summary Staff has been very satisfied with the services provided by CCMSI to date. The utilization of the services provided by CCMSI has allowed City of Evanston staff to focus on long-range planning for injury prevention training and risk management issues, resulting in a reduction in general liability and worker’s compensation claims, ultimately resulting in a reduction in the annual fee from an estimated $145,000 to $97,375 Services provided by CCMSI for the City of Evanston include: handling of Worker’s Compensation, General Liability and Automobile Liability claims. The scope of these services for these claims includes, but is not limited to, managing and administering all claims; paying claims invoices in a timely manner; monitoring, investigating, overseeing and adjusting all actual and alleged claims; recommending reserves for unpaid reported claims and unpaid claims expenses; settling and closing claims in a timely manner so as to reduce potential liability for the City of Evanston; subrogation services for claims involving third-party interests. Memorandum 127 of 447 Page 2 of 2 Prior to the end of this extension staff will solicit RFP’s to ensure continuity of services at a competitive price. Attachments: Service Agreement with Cannon Cochran Management Services Inc. 128 of 447 TPA CCMSI Service Agreement 1-year extension 3-1-12 thru 2-28-13 with new prices SERVICE AGREEMENT BETWEEN CITY OF EVANSTON AND CANNON COCHRAN MANAGEMENT SERVICES, INC. THIS SERVICE AGREEMENT is made and entered into this 1st day of March 2012, by and between CITY OF EVANSTON (the “Client”), a self-insured entity, and Cannon Cochran Management Services, Inc. (“CCMSI”), a Delaware corporation. It is agreed between the parties hereto as follows: A. APPOINTMENT OF CCMSI. The Client hereby appoints CCMSI, and CCMSI hereby agrees to serve, as Third Party Administrator (“Administrator”) of the Client’s self-insurance program created and existing under the State of Illinois (“State”) Self-Insurance Regulations. This program will include claims for workers compensation, general liability and auto liability. B. FUNCTIONS OF CCMSI. During the term of this Agreement, the regular functions of CCMSI as the Client’s Administrator shall include the following: 1. Claim Administration. (a) Claim Management and Administration. In compliance with its Best Practices, CCMSI will manage and administer all claims of the Client that occur during the period of this Agreement. CCMSI will also assume responsibility for limited number of claims that occurred prior to this agreement. All claim payments shall be made with Client funds. CCMSI will act on behalf of Client in handling, monitoring, investigating, overseeing and adjusting all such actual and alleged claims. (b) Claim Settlement. CCMSI will settle claims of the Client with Client funds in accordance with reasonable limits and guidelines established with the Client. (c) Claim Reserves. CCMSI will recommend reserves for unpaid reported claims and unpaid claim expenses. (d) Allocated Claim Expenses. CCMSI will pay all Allocated Claim Expenses with Client Funds. Allocated Claim Expenses are charges for services provided in connection with specific claims by persons or firms which are eligible claim expenses under the Client’s program. Notwithstanding the foregoing, Allocated Claim Expenses will include all expenses incurred in connection with the investigation, adjustment, settlement or defense of Client claims, even if such expenses are incurred by CCMSI. Allocated Claim Expenses will include, but not be limited to, charges for: 1) Independent medical examinations of claimants; 2) Managed care expenses, which include the services provided by comp mc™, CCMSI’s proprietary managed care program. Examples of managed care expenses includes but is not limited to state fee schedule, PPO net works, utilization review, nurse case management, medical bill audits and medical bill review; 3) Fraud detection expenses, such as surveillance, which include the services provided by FIRE, CCMSI’s proprietary Special Investigation Unit (SIU), and other related expenses associated with the detection, reporting and prosecution of fraudulent claims, including legal fees; 4) Attorneys, experts and special process servers; 129 of 447 TPA CCMSI Service Agreement 1-year extension 3-1-12 thru 2-28-13 with new prices 5) Court costs, fees, interest and expenses; 6) Depositions, court reporters and recorded statements; 7) Independent adjusters and appraisers; 8) Index bureau and OFAC (Office of Foreign Assets Control) charges; 9) Electronic Data Interchanges, EDI, charges if required by State law; 10) CCMSI personnel, at their customary rate or charge, but only with respect to claims outside the State and only if such customary rate is communicated to the Client prior to incurring such cost; 11) Actual reasonable expenses incurred by CCMSI employees outside the State for meals, travel, and lodging in conjunction with claim management; 12) Police, weather and fire report charges that are related to claims being administered under Client’s program; 13) Charges associated with accident reconstruction, cause and origin investigations, etc.; 14) Charges for medical records, personnel documents, and other documents necessary for adjudication of claims under Client’s program; 15) Charges associated with Medicare Set-Aside Allocations; and 16) Other expenses normally recognized as ALAE by industry standards. (e) Subrogation. CCMSI will monitor claims for subrogation (f) Provision of Reports. CCMSI agrees to provide reports to the Client as specified in the Schedule of Reports attached hereto as Exhibit A. 2. Risk Management Services. CCMSI will provide the Client with additional Risk Management Services not contemplated in the Agreement upon mutual agreement of the parties. The Schedule of additional Risk Management Services to be provided is attached hereto as Exhibit B. 3. Loss Control Services. CCMSI will provide the Client loss control services upon mutual agreement of the parties. The Client shall remain fully responsible for the implementation and operation of its own safety programs and for the detection and elimination of any unsafe conditions or practices. The Schedule of Loss Control Services to be provided is attached hereto as Exhibit C. 4. Managed Care Services. CCMSI will provide the Client with managed care services (comp mc™) upon mutual agreement of the parties. The Schedule of Managed Care Services to be provided is attached hereto as Exhibit D. C. CLIENT RESPONSIBILITIES. Client agrees to: 130 of 447 City of Evanston - SERVICE AGREEMENT Page 3 of 19 1. Report all claims, incidents, reports or correspondence relating to potential claims in a timely manner. 2. Reasonably cooperate in the disposition of all claims. 3. Provide adequate funds to pay all claims and expenses in a timely manner. 4. Respond to reasonable information requests in a timely manner. 5. Provide a complete copy of current excess or other insurance policies, including endorsements and audits, applicable to Client’s self-insurance program and claims being handled by CCMSI. 6. Promptly pay CCMSI’s fees. D. OPERATING EXPENSES. The Client agrees to be responsible for and pay all of its own operating expenses other than service obligations of CCMSI. Such operating expenses shall include but not be limited to charges for the following: 1. All costs associated with Client meeting its State security and licensing requirements; 2. Certified Public Accountants 3. Attorneys, other than provided for in Section B.1. (d) 3) and B.1. (d) 4) of this Agreement; 4. Outside consultants, actuarial services or studies and State audits; 5. Independent payroll audits; 6. Allocated Claims Expenses incurred pursuant to Section B. 1. (d) of this Agreement; 7. All applicable regulatory fees and taxes; 8. Educational and/or promotional material, industry-specific loss control material, customized forms and/or stationery, supplies and extraordinary postage, such as bulk mailing, express mail or messenger service. 9. National Council on Compensation Insurance, NCCI, charges; 10. Excess and other insurance premiums; 11. Costs associated with the development, record keeping and filing of fraud statistics and plans, but only if required by any State or regulatory authority having jurisdiction over Client; 12. Other operating costs as normally incurred by the Client. E. BOOKS AND RECORDS. 1. (a) CCMSI shall maintain all claim information relating specifically to the Client which is necessary to the performance of CCMSI’s obligations under this Agreement (the “Records”). The records shall remain at all times the sole property of the Client. (b) The Records shall not include any manuals, forms, files and reports, documents, customer lists, rights to solicit renewals, computer records and tapes, financial and strategic data, or information which documents CCMSI’s processes, procedures and methods, or which CCMSI 131 of 447 City of Evanston - SERVICE AGREEMENT Page 4 of 19 employs to administer programs other than the Client. The items specified in this Paragraph E. 1. (b) shall at all times be and remain the sole and exclusive property of CCMSI, and the Client shall not have any ownership, interest, right to duplicate or right to utilize these items except for the above documentation or information that relates soley to Client’s Program. 2. During the term of this Agreement, CCMSI shall provide the Client with copies of the Records, if so requested by the Client. Any reasonable costs of reproduction of the Records shall be borne by the Client. In the event this Agreement is terminated or non-renewed, Client Records will be turned over to the Client or to a successor administrator designated by the Client. 3. CCMSI shall make the Records available for inspection by any duly authorized representative of the Client, or any governmental or regulatory authority having jurisdiction over CCMSI or the Client. F. NON-SOLICITATION OF EMPLOYEES. During the term of the Agreement and for two (2) years thereafter, the Client and CCMSI mutually agree not to recruit, solicit or hire any employee of the other without written permission. G. OTHER INSURANCE. If CCMSI places any specific or aggregate excess insurance, reinsurance, or other insurance product associated with this Agreement, then customary commissions and fees will be retained by CCMSI. H. TERM AND TERMINATION. 1. Term of Agreement. The first term of this Agreement shall be for one (1) years beginning on March 1, 2012 and terminating on February 28, 2013. Unless the Agreement is terminated as set forth in paragraph H. 2., it will automatically renew for successive 1-year terms. At least ninety (90) days prior to the expiration of each term of this Agreement, the parties shall enter into good- faith negotiations regarding any proposed change in Agreement terms or fees. If there are no changes requested by either party, then the Agreement will automatically renew under the same terms and fee arrangement as the prior term. 2. Termination of Agreement. This Agreement may be terminated: (a) By mutual agreement of the parties hereto; (b) Upon expiration of the current term of this Agreement if either party has given the other at least ninety (90) days written notice of its intention to terminate as set forth in paragraph H. 1.; (c) Upon dissolution of the Client’s self-insurance program whether voluntary or due to cessation of Client’s authority to self-insure; (d) Upon dissolution of the Client’s self-insurance program due to Client insolvency or bankruptcy; (e) Upon ninety (90) days written notice by either party if the other party is in material breach of any term, covenant or condition contained herein; provided, however, that as a condition precedent to termination under this Section H. 2. (e), the terminating party shall give written notice to the other party, who shall have sixty (60) days from the date of such notice to cure or correct the grounds for termination. If the grounds of termination are not corrected or cured during the sixty (60) day period, this Agreement may be terminated on the termination date specified in the notice, but not prior to the expiration of the ninety (90) day period described herein. 132 of 447 City of Evanston - SERVICE AGREEMENT Page 5 of 19 3. Services Following Termination of Agreement. Should this Agreement be terminated or non- renewed for any reason, CCMSI Will upon the Client’s request: (a) Provide for continued administration of the open claim files; (b) Cooperate with any successor administrator in the orderly transfer of all functions, including providing a runoff listing of open claim files if desired by the Client and any other records reasonable and necessary for a successor administrator; and (c) Provide an electronic transfer of data if such is feasible, with the cost of providing such borne by the Client. The electronic transfer of data will be subject to a flat fee of $2,500. I. SERVICE FEE PAYMENTS. The Client shall pay to CCMSI a service fee as outlined in the Fee and Payment Schedule attached hereto as Exhibit E. J. ARBITRATION. If an irreconcilable difference of opinion or claim should arise between the Client and CCMSI as the interpreters of any matter relating to this Agreement, such matter will be submitted to mediation or arbitration as the sole remedy available to both parties. Any such mediation or arbitration will take place in the City of Chicago, IL and will be conducted in accordance with the then- current rules of the American Arbitration Association. K. RELATIONSHIP OF PARTIES. With respect to the services provided by CCMSI in this Agreement, CCMSI is considered an independent contractor. Nothing in this Agreement shall be construed to create a relationship of employer/employee, partners or joint ventures between the Client and CCMSI. This Agreement is non-exclusive, and CCMSI shall have the right to perform services on behalf of other individuals, firms, corporations and entities. L. INDEMNIFICATION. 1. Indemnification by Client. The Client agrees that it will indemnify and hold harmless CCMSI and CCMSI’s directors, officers, employees, agents, shareholders, subsidiaries and other affiliates from and against any and all claims, losses, liability, costs, damages and reasonable attorney’s fees incurred by CCMSI as a result of breach of this Agreement by the Client, or misconduct, error or omissions by the Client, or by any of the Client’s trustees, directors, officers, employees, agents, shareholders, subsidiaries, or other affiliates in connection with the performance of this Agreement. 2. Indemnification by CCMSI. CCMSI agrees that it will indemnify and hold harmless the Client and the Client’s trustees, directors, officers, employees, agents, shareholders, subsidiaries, members, or other affiliates from and against any and all claims, losses, liability, costs, damages and reasonable attorney’s fees incurred by the Client as the result of breach of this Agreement by CCMSI or misconduct, error or omissions by CCMSI, or by any of CCMSI’s directors, officers, employees, agents, shareholders, subsidiaries or other affiliates in connection with the performance of this Agreement. M. CHANGE IN CIRCUMSTANCES. In the event the adoption of any statute, rule or regulation materially changes the nature of the relationship between the parties hereto or the legal or economic premises upon which this Agreement is based, the parties hereto shall undertake good faith negotiations to amend the terms of this Agreement to account for such changes in a reasonable manner. 133 of 447 City of Evanston - SERVICE AGREEMENT Page 6 of 19 N. MISCELLANEOUS. 1. Governing Law. This Agreement shall be governed by and construed in accordance with the internal laws of the State of ILLINOIS without regard to principles of conflicts of law. 2. Timing of Services. CCMSI may exercise its own reasonable judgment, within the parameters set forth herein and in compliance with State regulations, as to the time and manner in which it performs the services required hereunder. Additionally, CCMSI will be held to a standard of like administrators performing like services for customers such as Client. 3. Successors in Interest. This Agreement shall be binding upon, and inure to the benefit of, the successors in interest and permitted assigns of the parties hereto. 4. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if the invalid or unenforceable provision had been revised to the minimum extent necessary to make it valid and fully enforceable under applicable law. 5. Paragraph Headings. All paragraph headings in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 6. Waiver. The failure of any party to enforce any provisions of this Agreement shall not constitute a waiver by such party of any provision. A past waiver of a provision by either party shall not constitute a course of conduct or a waiver in the future with respect to that same provision. 7. Notice Provision. All notices, requests and other communications required under this Agreement shall be in writing and delivered by hand or mailed, registered or certified, return receipt requested, postage paid, or sent via a nationally recognized overnight courier to the other party at the following address: Client: City of Evanston, IL 2500 Ridge Ave Evanston, IL 60201-2798 Attn: Jewell Jackson CCMSI: Cannon Cochran Management Services, Inc. 2 E. Main St. Danville, IL 61832 Attn: Chief Operating Officer 8. File Destruction Policy. CCMSI will maintain all closed files on behalf of Client for a period of seven (7) years after the month of closure, or for as long as necessary to protect the applicable statute of limitations, whichever is longer. It is the sole responsibility of Client to advise CCMSI if files are not to be destroyed per this policy. 9. Insurance. CCMSI will purchase and maintain insurance coverages for its performance of the services contemplated in this Agreement. Minimum policy limits are as follows: Workers Compensation – Statutory Professional - $5,000,000 General Liability - $1,000,000 / $2,000,000 Umbrella - $5,000,000 134 of 447 City of Evanston - SERVICE AGREEMENT Page 7 of 19 10. Entire Agreement/Amendment. This Agreement sets forth the full and final understanding of the parties hereto with respect to the matters described herein, and supersedes any and all prior agreements and understandings between them, whether written or oral. This Agreement may be amended only by written document executed by the Client and CCMSI. Executed this ____ day of ________________, 200__. CANNON COCHRAN MANAGEMENT SERVICES, INC. By:___________________________________________ Rodney J. Golden Its: Chief Operating Officer/Executive Vice President CITY OF EVANSTON By:___________________________________________ Its:___________________________________________ 135 of 447 City of Evanston - SERVICE AGREEMENT Page 8 of 19 EXHIBIT A SCHEDULE OF REPORTS 1. A detailed listing of all claims broken down by location, policy year and line of coverage. (MONTHLY) 2. A summary of all claims broken down by location, policy year and line of coverage. (MONTHLY) 3. A check register listing all checks issued during a reporting period. (MONTHLY) 136 of 447 City of Evanston - SERVICE AGREEMENT Page 9 of 19 EXHIBIT B SCHEDULE OF RISK MANAGEMENT SERVICES No services to be provided 137 of 447 City of Evanston - SERVICE AGREEMENT Page 10 of 19 EXHIBIT C SCHEDULE OF LOSS CONTROL SERVICES No services to be provided 138 of 447 City of Evanston - SERVICE AGREEMENT Page 11 of 19 EXHIBIT D SCHEDULE OF comp mc ™ SERVICES AND FEES The fees to be paid to comp mc™ for Managed Care Services provided by CCMSI are as follows: Provider Bill Re-pricing Service Fee Fee schedule re-pricing $9.00 per bill Usual and Customary re-pricing $9.00 per bill PPO Re-pricing PPO re-pricing is billed at 30% of savings Pharmacy Network Services Pharmacy Network services are priced at 33% of savings. The above Managed Care Services are contingent on the provision that all medical bills are being routed for review through CCMSI’s Managed Care Program, comp mc™. 139 of 447 City of Evanston - SERVICE AGREEMENT Page 12 of 19 EXHIBIT E FEE AND PAYMENT SCHEDULE RENEWAL PROPOSAL FOR CITY OF EVANSTON Life of this Agreement: March 1, 2012 – February 29, 2013 Services: Fees: Claims Administration (minimum) $85,000* CCMSI will manage all workers’ compensation claims for the life of contract for fee as follows: Newly Reported claims only Type of Claim Life of Contract (1) (2) Workers’ Compensation - Indemnity Workers’ Compensation-Medical Only $875 per Claim $149 per Claim General Liability BI General Liability PD Auto Liability BI Auto Liability PD Professional Liability/EO Property Damage SUBRO $641 per Claim $429 per Claim $641 per Claim $429per Claim $1108 per Claim $429 per claim $360 per Claim Incident Reports $35 **In-house claims reported for SCHIP Reporting only. CCMSI will only input claim and capture payments $150 per claim Internet Claims Reporting Included in account management fee 800# Reporting (Optional) $25 per Claim *Note: Claims will be analyzed by the number of claims as well as the type of claim on an on- going basis and priced on a per claim fee as outlined above. Any additional charges over the $85,000 minimum claim fee will be billed at the expiration of the policy term. The flat rate unit prices includes: • Prompt and courteous customer service • Timely investigation and determination of compensability in accordance with CCMSI Best Practices • Strict adherence to state workers compensation statutes and regulations, attendance at hearings, as required. • Preparation for and compliance with and response to regulatory audits • Timely payment of all legitimate claims • Fraud detection and prevention • Litigation Management (1) These prices do not include those costs typically identified and expense as allocated loss expenses. Please see the attached roster that details those typical allocated loss expense items. (ex. Field investigation & adjusting ) SEE BELOW (2) Claim charges are quoted on a per claim, not per occurrence basis 140 of 447 City of Evanston - SERVICE AGREEMENT Page 13 of 19 **Note: For liability claims being managed "in-house" by City of Evanston CCMSI will charge $150.00 per claim to: I. Input the claim and capture any payments made by City of Evanston as a "paid w/o check" for administrative purposes only. The following will apply: 1. Evanston must provide CCMSI copies of bills/payments made on each claim. 2. City of Evanston understands that CCMSI will not provide any claims management, investigation or oversight of these "in-house" claims. 3. CCMSI will take over claims management of a claim at any time at the request of City of Evanston for the applicable per claim charge as outlined in the current Service Agreement. II. CCMSI will transmit payment information as required to CMS. In the event of a "hit", City of Evanston will be responsible for providing CCMSI with the information required by CMS to meet their mandatory reporting requirements. Take-Over Claims As Outlined Takeover Claims Our Life of Contract pricing for taking on the open inventory of claim files from current TPA would be priced as follows. Run off claim totals will be at the end of each contract year, and additional years will be billed on the actual number of claims remaining open. Type of Claim Each subsequent Year All Except Med Only $125 per Claim per Year Medical Only 0 Annual Administration $10,000 Annual Account Management Fee includes: • Designated National Account Manager • Preparation and participation in Semi-Annual claims reviews • Risk Management Information System (iCE) cost to include: 3 User IDs; Internet access to your adjusters claim files; the ability to email your adjuster and Account Manager; access to our library of template risk management reports together with initial training and ongoing support • Maintenance of the loss fund account • Monthly loss runs and loss fund activities reports • Filing of all required state forms including state mandated assessments • Reporting to excess/fronting carrier 141 of 447 City of Evanston - SERVICE AGREEMENT Page 14 of 19 Managed Care Services See Detail Field Case Management CCMSI does not offer proprietary field case management, utilization review or vocational rehabilitation services. These services would be provided by various third party providers agreed to and approved by the client at competitive price and the cost of these services would be captured as an allocated loss expense to the referral file. Provider Bill Re-pricing Service Fee Fee schedule re-pricing $9.00 per bill Usual and Customary re-pricing $9.00 per bill PPO Re-pricing PPO re-pricing is billed at 30% of savings Pharmacy Network Services Pharmacy Network services are priced at 33% of savings. MMSEA Section 111 Reporting $25 / Per Hit    CCMSI in conjunction with our reporting agent will comply with MMSEA Section 111 Reporting on behalf of City of Evanston for a charge of $25.00 per “hit”. • All injury claims will be submitted to CMS for Medicare eligibility • CCMSI along with our reporting agent will report all claims meeting the reporting guidelines as set forth by CMS. SCHIP/MMSEA Compliance    Background    The Centers for Medicare and Medicaid Services ("CMS") is responsible for the  oversight of the Medicare Program, including the Medicare Secondary Payor  program ("MSP").  MSP refers to situations where another entity, such as Client,  is required to pay for medical services prior to any payment being made by  Medicare.  Section 111 of the Medicare, Medicaid and SCHIP Extension Act of  2007 (MMSEA) contains certain mandatory reporting requirements for entities  that provide benefits under workers compensation and other liability insurance  plans.  Certain data elements must be reported to CMS' Coordination of  Benefits Contractor in a specified form and manner as defined by CMS so that  CMS may determine when CMS, or another entity such as Client, has liability for  payment of medical services.    Relationship of Parties    CCMSI and Client have entered into a business agreement whereby CCMSI  provides claim management services to Client, including but not limited to,  assisting Client in its compliance with the Medicare, Medicaid and SCHIP    142 of 447 City of Evanston - SERVICE AGREEMENT Page 15 of 19 Extension Act (MMSEA), and     CCMSI has entered into an Agreement with Gould & Lamb, LLC (G&L), whereby  G&L will act as the Reporting Agent (RA) for Client, if so designated by Client,  pursuant to the MMSEA and provide other applicable Medicare Set‐Aside  compliance services.    Registration      The Client shall register as an MSP Responsible Reporting Entity ("RRE").  As  part of the registration, Client shall name CCMSI as its Account Manager, and  name Gould & Lamb LLC, as its Reporting Agent (RA).  If Client has a RA other  than Gould & Lamb LLC, then Client shall advise CCMSI as to the appropriate  identity of its Reporting Agent.  The RA selected by Client shall be responsible  for submitting mandatory reports to CMS on behalf of Client.        Responsibilities of Parties    1. Responsibilities of Client.      (a) Client must register as a Responsible Reporting Entity (RRE).   (b) Client must name CCMSI as Account Manager.  (c) Client must name Gould & Lamb as Reporting Agent (RA), or designate  another vendor as its RA.  (d) Client must cooperate with CCMSI and timely report all claim  information subject to MMSEA reporting.  (e) Client must authorize CCMSI to utilize G&L as its exclusive vendor for  MSA and CSA services.    2. Responsibilities of CCMSI.    (a) CCMSI must electronically submit all necessary data to comply with  MMSEA reporting to G&L.  (b) CCMSI must update their systems to transmit all current information  requested by G&L in a timely manner and enable G&L to comply with all  current and future CMS reporting requirements.  (c) CCMSI shall not be responsible for fines, penalties or damages of any  nature which might occur as the result of receiving incorrect information from  Client, or untimely filings resulting from delays of Client in providing the  information required by CMS.  143 of 447 City of Evanston - SERVICE AGREEMENT Page 16 of 19   3. Responsibilities of Gould & Lamb, LLC (if selected as Client's 'RA')    (a) Upon receipt of all fields of information requested by G&L from CCMSI  via electronic transfer, G&L shall determine if the claimant is Medicare eligible  by performing a Medicare Query Function ("MQF").  (b) G&L will, when determining that a claimant is Medicare beneficiary,  electronically file with CMS all initial information which may be required by  MMSEA compliance and any ongoing required reports.  (c) G&L must submit the Mandatory Insurance Reporting (MIR) files in a  timely and accurate manner.  (d) G&L must update their systems to transmit and comply with all required  CMS directives and in the format mandated by CMS.  (e) G&L will not be responsible for fines, penalties or damages of any  nature which might occur as the result of the filing of incorrect information  provided by CCMSI or Client, or untimely filings resulting from delays of Client  or CCMSI in providing the information required by G&L to perform timely  MMSEA reporting services.      Indemnification    As protection for CCMSI and Client against fines or penalties levied against  Client by CMS for MMSEA data non‐compliance, the contract between CCMSI  and G&L contains the following indemnification provision under Section 5.1.    "Gould & Lamb, LLC shall indemnify and hold Client and each of their affiliates  and assigns (collectively, the "Indemnified Parties") harmless from and against  any claim, damage, fine, loss and expense, arising in connection with, or as a  result of, any error, omission, or negligent performance of its obligations  hereunder, which indemnity shall include all reasonable costs of litigation and  attorneys' fees incurred by the Indemnified Party.  Without in any way limiting  the indemnity set forth in this Agreement, all work performed by Gould & Lamb  shall be done in a good and professional manner.  The provisions of this  paragraph shall survive the expiration or termination of this Agreement.        G&L shall not indemnify Client, nor be responsible for any losses, damages or  fines incurred by Client as a result of errors, omissions, inaction, or incorrect  information of the Client or any errors on the part of CMS or other government  agency."      144 of 447 City of Evanston - SERVICE AGREEMENT Page 17 of 19 SPECIAL REPORTS $125/Hour CCMSI will provide special reports, (reports not currently programmed or written) for a fee of $125 per hour for system programming time. CCMSI will provide an estimate of charges before any work will be done. Loss Control Services – Optional N/A Ala Carte Services • Ergonomic Assessments • Development of Hazard Specific Programs • Training and Education of Employees and Management Staff • Blood borne Pathogens • CTS • Diffusing a Combative Resident • Ergonomics • Fire Safety • Hazard Communication • Personal Protective Equipment (PPE) • Respiratory Protection • Save Your Back • Tuberculosis • Workplace Violence • OSHA Compliance • Safety Audit • Program Development and Implementation • Incentive Plan Development *These services can be billed at an hourly rate of $125 per hour or we can put together a customized Loss Control Package for a flat fee that includes a combination of any of the Ala Carte Services listed above. Service hours include preparation time, travel time, field time and follow-up time. GRAND TOTAL $95,000 Fee & Payment Schedule The quarterly installments will be due on the first day of March, June, September and December of 2012. Any additional charges over the minimum fee will be billed at the end of the contract year. Allocated Loss Expense are those costs that can be directly assigned to the settlement of a particular claim other than the investigation conducted by the adjuster. These costs are absorbed by client and are in addition to the flat rate per claim unit price quote by CCMSI. The following rosters are categorical representations of those more typical expenses. This list is comprehensive but not exhaustive. Managed Care Services • Telephonic Nurse Case Management • On-site Nurse Case Management • Vocational Rehabilitation Specialist • Provider Bill repricing • PPO reductions 145 of 447 City of Evanston - SERVICE AGREEMENT Page 18 of 19 • Independent Medical Exams Legal Services • Defense counsel including depositions • Subpoenas • Subject Matter Experts (expert testimonies) • Paralegal costs • Court reporting • Document copying • Videotaping • The costs for a petitioner to travel to a specialist for an Independent Medical Examination or a surgery. Outside Investigation • On-site claims investigation including the cost to secure statements, canvass for witnesses, photographs and diagrams together with the associated travel and expense costs • Automobile appraisals (1st and 3rd party) • Property appraisals (1st and 3rd party) • Surveillance • Private investigators/fraud investigation • Engineers • Courier service • Travel agreed to and previously authorized by the client with respect claims audits • “Skip” tracing services Public Records • Index Bureau Reporting • Police reports • Fire reports • Coroner’s reports • Medical records Executed this ____ day of ________________, 200__. CANNON COCHRAN MANAGEMENT SERVICES, INC. By:___________________________________________ Rodney J. Golden Its: Chief Operating Officer/Executive Vice President CITY OF EVANSTON By:___________________________________________ Its:___________________________________________ 146 of 447 City of Evanston - SERVICE AGREEMENT Page 19 of 19 147 of 447 For City Council meeting of May 29, 2012 Item A3.4 Business of the City by Motion: Fires Stations’ Mechanical Systems Improvement For Action To: Honorable Mayor and Members of the City Council and Administration and Public Works Committee From: Douglas J. Gaynor, Director of Parks, Recreation & Community Services Paul D’Agostino, Superintendent of Parks, Forestry & Facilities Stefanie Levine, Assistant Superintendent of Parks, Forestry & Facilities Subject: Contract Award Recommendation for the Fire Stations #1 and #2 Mechanical Systems Improvement Project, Bid #12-115 Date: May 29, 2012 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract with Therm Flo Inc. (251 Holbrook Drive, Wheeling, IL) in the total amount of $285,875 for Fire Stations #1 and #2 Mechanical Systems Improvement Project. Funding Sources: FY 2012 CIP #415822: $150,000 FY 2012 CIP #415823 $210,000 Total Funding: $360,000 Summary: Fire Station 1 was originally built in 1998 and is staffed by three 24 hour shifts of one shift chief, one captain, and four firefighters/paramedics. Due to value engineering efforts, the existing mechanical systems installed when the building was first built were of residential grade. Currently these systems have exceeded their useful life expectancy and require replacement before failure. Fire Station 2 was originally built in 1954 and is staffed by three 24 hour shifts of two captains and six firefighters/paramedics. The existing heating boilers were installed as part of a 1994 building remodel and have reached their useful life expectancy. The building’s chimney was lined in 1998 and during recent maintenance operations was found to be cracked in half. As a result, significant damage to the masonry chimney has occurred, threatening the chimney’s structural integrity and requiring corrective action. As a result of the above described conditions, plans have been prepared by a Memorandum 148 of 447 consultant engineering firm to replace the deteriorated mechanical systems at these two facilities. Bids to perform this work were opened and publicly read on May 8, 2012. A total of two bids were received as follows: Contractor Address Base Bid Therm Flo, Inc. 251 Holbrook Drive, Wheeling, Illinois 60090 $285,875 R.J. Olmen Company 3200 West Lake Avenue, Glenview, Illinois 60026 $427,717 Staff recommends award of this project to Therm Flo, Inc. for the lump sum amount of $285,875. Therm Flo has requested and received approval for a partial waiver of the City’s M/W/EBE goals (please see attached memorandum for additional information). Staff has reviewed references provided for this contractor with favorable results. One reference from a private commercial contractor indicated that Therm Flo recently completed work for them on a hospice facility as well as a large data center both of which involved extensive piping. This reference described Therm Flo as a highly skilled contractor who performed their work competently. A second reference from a private commercial company indicated Therm Flo has provided several installations / pipefitting projects for them of various scales. This reference highly recommends Therm Flo and routinely contracts with them for service work as well. A breakdown of project expenditures is as follows: Item Amount Funding accounts 415822 and 415823 $360,000 * Expenditures/encumbrances to date -$20,039 Recommended bid award -$285,875 Balance Remaining $54,086 * Expenditures/encumbrances to date include engineering services and legal advertisements. Work on this project is scheduled to begin in June 2012. The current substantial completion deadline is September 7, 2012. ------------------------------------------------------------------------------------- Attachments: MWEBE Memo 149 of 447 Bid No. 12-115,Fire Station 1 & 2 Mechanical System Improvements, M/W/EBE Subcontracting Participation Partial Waiver To: Stefanie Levine, Assistant Superintendent of Parks, Forestry & Facilities From: Joseph McRae, Deputy City Manager Subject: Bid # 12-115, Fire Stations #1 and #2 Mechanical Systems Improvement Project Date: May 23, 2012 The goal of the Minority, Women, and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City has established a 25% M/W/EBE subcontracting participation goal for general contractors. With regard to Bid# 12-115 for mechanical system improvements at Fire Stations 1 & 2, in the base bid amount of $285,875, the primary contractor Therm Flo, Inc. has subcontracted the following: • 19% to Evanston Based Enterprise (EBE) Able Distributors located at 2423 Main Street, Evanston IL for HVAC equipment • 2% to Garlo Mechanical Insulation located at 2315 Gardner Road, Broadview IL for insulation. Therm Flo, Inc. has requested a waiver for the remaining 4% MWEBE participation goal. A 4% MWEBE waiver is granted. Therm Flo, Inc. will receive credit for 21% M/W/EBE participation. Cc: Marty Lyons, Assistant City Manager/CFO Jewell Jackson, Manager of Purchasing & Contracts Memorandum 150 of 447 Page 1 of 1 For City Council meeting of May 29, 2012 Item A3.5 Business of the City by Motion: Northwest Municipal Conference 2012-13 Dues For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Matt Swentkofske, Intergovernmental Affairs Coordinator Subject: Northwest Municipal Conference 2012-13 Dues Date: May 29, 2012 Recommended Action: Staff recommends that City Council authorize payment of 2012-13 dues to the Northwest Municipal Conference in the amount of $24,784. The City has been a member of the Northwest Municipal Conference since 1978. Funding Source: Funding is provided by the City Council Membership Dues Account 1300.62360. Summary: The Northwest Municipal Conference (NWMC) has been working to strengthen communities and enhance intergovernmental relationships in the north and northwest suburbs of Chicago. As one of the premier regional councils of government, the Northwest Municipal Conference represents over 1.3 million citizens residing in our 41 municipalities and 1 township. Its membership area covers over 300 square miles in Cook, DuPage, Kane, Lake and McHenry counties. The Northwest Municipal Conference serves the needs of local governments through a variety of policy initiatives, programs and services that combine the resources of individual members to address regional issues. The Conference works on a variety of issues bettering local governments including: • Protection of Local Government Distributive Fund (LGDF) revenues as the first step to guaranteeing fiscal stability. • Promote the restoration and protection of Personal Property Replacement Tax (PPRT) funds. • Support ending sales tax diversions ensuring the fair distribution of revenues. • Further reform public safety pensions and require of a supermajority of legislators to approve future pension benefit enhancements. Memorandum 151 of 447 152 of 447 For City Council meeting of May 29, 2012 Item A3.6 Business of the City by Motion: Renewal of Library Database Software License with Gale/Cengage For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Karen Danczak Lyons, Library Director Subject: Renewal of Library Reference Database License with Gale/Cengage Learning Date: May 22, 2012 Recommended Action: Staff recommends City Council authorize the City Manager to renew the annual sole source software license with Gale/Cengage Learning (27500 Drake Road, Farmington Hills, MI) for Library reference database services (Gateway) in the amount of $21,000 for the eleven month period ending April 30, 2013. Funding Source: Funding is provided by the Library Adult Services – Internet Solution Providers account 4806.62341. Summary: Gale’s Gateway database provides Library patrons and staff on-line access to: 1) General OneFile, which includes access to 8,000 full text magazine and journals, and citations or abstracts to an additional 5,000 titles. Over 6,000 searches were made in the past twelve months. 2) Three electronic collections: a) Books & Authors, a reader’s advisory tool, containing reviews of over 146,000 fiction and non-fiction books, and allowing the reader to answer the question, “What do I read next,” based on their particular interests. b) Chilton’s Library, containing repair, maintenance and specification tables providing critical data on thousands of domestic and imported models of cars and light trucks from 1940 onward. This will allow staff to eliminate the print versions of many of our Chilton’s car repair manuals, freeing up much needed space in our circulating collection. Memorandum 153 of 447 Budget\City Council Agenda Items\5-14-12 Workforce Board lease.doc Gottschalk c) PriceIt, an identification, research and pricing tool for collectors of antiques. PriceIt uses data gathered from a number of antique pricing guides and dynamic websites, including eBay, to help the user determine the value of an item he or she owns. This, too, may help us to eliminate some of our print resources, freeing up more space on our shelves, both in the circulating and the reference collections. Additionally, the Gateway highlights four collections, Culinary, Home Improvement, Gardening and Tourism, which consist mainly of subsets of General One File, above, but also include 24 eBook titles relevant to these categories. These are eBook titles we do not currently own. The subsets themselves exist mainly to make searching a particular hobby easier for the patron. Legislative History: N/A ------------------------------------------------------------------------------------- Attachments: N/A 154 of 447 1 Todd, Kate Subject:FW: Gale/Cengage memo to Council From: Carlson, Angela M [mailto:angela.carlson@cengage.com] Sent: Thursday, April 26, 2012 3:56 PM To: Lanigan, Kathleen Subject: Quote for Board: Hobbies Gateway “HOME, HOBBIES AND COLLECTIBLES GATEWAY” Easy-to-use resources and interactive tools that make home, hobbies and collectibles information discoverable   *Promo Code: HHEGTWY • YES! I want to subscribe to the Home, Hobbies and Collectibles Gateway for a period of 11 months beginning 06/01/2012 – 04/30/2013. My customizable Home, Hobbies and Collectibles Gateway will consist of the following Gale resources as indicated below:   _X_ Books and Authors _X_ Chilton’s Reference _X_ PriceIt _X_ Culinary Collection _X_ Home Improvement Collection _X_ Gardening, Landscape & Horticulture Collection _X_ Tourism, Hospitality & Leisure Collection _X_ GVRL – 24 eBook titles _X_ Gen One File with Gen Ref Gold Access   Home, Hobbies and Collectibles Gateway Subscription Price: $21,000 (replaces 5/1/2012 $19,801.35 Gen Ref Gold Subscription; account will be credited 11 months or $18,151.24 to apply to new 11- month sub of Gateway beginning 6/1/2012.)   Payment Terms: Net 30 days   Bill To: Kathleen Lanigan Evanston Public Library  1703 Orrington Avenue  Evanston, IL 60201  www.epl.org  JDE#: 156929    155 of 447 2   Contact: Kathleen Lanigan 847‐448‐8642 KLanigan@cityofevanston.org   Ship To: Same as Bill To.       ________________________________________________ __________________________ Signature Date     Angela M. Carlson Account Executive – Public Libraries, Illinois Gale | Cengage Learning 27500 Drake Road, Farmington Hills, MI 48331‐3535 (o) 800‐877‐4253 X2286 (c) 815‐207‐0036 angela.carlson@cengage.com | www.cengage.com/gale   Here to help: Customer Care Consultant: Sarah Withers sarah.withers@cengage.com | 800.877.4253 x 8138 Technical Support: gale.technicalsupport@cengage.com | 800.877.4253 x 6000/option 4 Customer Service (Billing/Invoices): gale.customerservice@cengage.com | 800.877.4253 x 5001/option3 156 of 447 For City Council meeting of May 29, 2012 Item A4 Resolution 37-R-12: Agreement for GIS System with Cook County Assessor For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Marty Lyons, Assistant City Manager/Chief Financial Officer Jennifer Spaulding, Interim Information Technology Manager Mark Varner, GIS Analyst Subject: Resolution 37-R-12 Authorizing the City of Evanston to Enter Into An Agreement with the Cook County Assessor’s Office for Access to a Geographic Information System Date: May 16, 2012 Recommended Action: Staff recommends that the City Council authorize the City Manager to sign an agreement with the Cook County Assessor’s Office for access to GIS (Geographic Information System) data. Summary: Information Technology receives an annual update of the Cook County Assessor’s database along with other GIS data such as parcels, digital photographs of properties, and aerial photography. This data is used to augment the City’s GIS database and shows up in many of the web mapping applications as well as internal enterprise systems. The Assessor requires a resolution along with the signed agreement. ------------------------------------------------------------------------------------- Attachments: Resolution 37-R-12 Memorandum 157 of 447 4/26/12 37-R-12 A RESOLUTION Authorizing the City of Evanston to Enter Into An Agreement with the Cook County Assessor’s Office for Access to a Geographic Information System WHEREAS, the City of Evanston (“City”) has actively utilized a Geographic Information System (“GIS”) since 1995; and WHEREAS, access to GIS information facilitates efficient operation of City services, thereby helping to provide improved customer service to City residents; and WHEREAS, the Cook County Assessor’s Office has a GIS database it will make available to the City at no charge; and WHEREAS, the City and Cook County Assessor’s Office have negotiated an Intergovernmental Agreement attached hereto as Exhibit A and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized to sign, and the City Clerk hereby authorized to attest, the Intergovernmental Agreement (“Agreement”) between the City and the Cook County Assessor’s Office, 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. 158 of 447 37-R-12 ~2~ SECTION 3: This Resolution 37-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 159 of 447 37-R-12 ~3~ EXHIBIT A Intergovernmental Agreement Between the City and the Cook County Assessor’s Office 160 of 447 AGREEMENT FOR ACCESS TO GEOGRAPHIC INFORMATION SYSTEM This AGREEMENT is entered into as of the ____ day of ____________, 20____, by and between _________________________________________ (“Agency”) and the Cook County Assessor’s Office (the “CCAO”). WITNESSETH: WHEREAS, the CCAO has developed a Geographic Information System (the “GIS”) consisting of cadastral data, planimetric data, assessment data, property images, digital orthophotography (aerial photos) and other data (collectively, such images, photos and data, “Assessor Data”); WHEREAS, portions of the GIS, and the related data dictionary, are copyrighted materials of the CCAO and/or Cook County of the State of Illinois (“Cook County”); WHEREAS, some of the Assessor Data in the GIS is only available to the public and to commercial users for a fee, as permitted by law; WHEREAS, Agency has requested access to and license to use the GIS for use in performing its official functions (as set forth below); WHEREAS, the CCAO in the spirit of cooperation desires to make the GIS available, efficiently and without charge, to Agency for use in performing its official functions; and WHEREAS, Agency acknowledges and agrees that access to the GIS and/or Assessor Data is conditioned upon the agreement that access is provided as set forth in this Agreement solely for use in performing the official functions of the Agency, and that any other use, alteration, sale, dissemination, lease or transfer of the GIS and/or Assessor Data by Agency, or by any employee or agent of same, without written consent of the CCAO is strictly prohibited, and shall be deemed to warrant immediate termination of this Agreement, as well as entitle the CCAO to pursue any other remedies to which it is entitled. NOW, THEREFORE, in consideration of the mutual promises and covenants and the terms and conditions hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. INCORPORATION OF RECITALS. The foregoing recitals are incorporated into and made a part of this Agreement as if fully set forth herein. SECTION 2. STATEMENT OF OFFICIAL PURPOSES; RESTRICTIONS ON USE. For purposes of this Agreement, Agency represents and warrants as its official purpose for access to the GIS and Assessor Data as stated in Exhibit A and incorporated herein. Agency agrees that access to the 161 of 447 2 GIS and/or Assessor Data is conditioned upon and provided as set forth in this Agreement solely for its use in performing its official purposes (as described in Exhibit A). Any other use of the GIS or Assessor Data, without express written consent of the CCAO, is strictly prohibited, including the display, sale, transfer, lease, dissemination or lease of the GIS or Assessor Data in any location or manner in its current form, derivative or altered form, or otherwise. Any such prohibited use shall be deemed to be a breach which warrants immediate termination of this Agreement. This Section shall survive the termination of this Agreement. SECTION 3. INFORMATION PROVIDED. The CCAO agrees to provide Agency access to the GIS and Assessor Data only upon the conditions and based upon the representations and warranties set forth in this Agreement. In order to obtain specific Assessor Data, Agency must request Assessor Data by filing the attached exhibits with the Department of Automation of the CCAO (each such request, an “Information Request”). Each Information Request is subject to approval of the CCAO. SECTION 4. LIMITED LICENSE TO USE. Subject to the provisions of this Agreement, the CCAO hereby grants to Agency a non-exclusive, non- transferable license to use the Assessor Data only as specifically provided for in this Agreement. Agency acknowledges that the title, copyright and all other rights to the GIS and Assessor Data remain with the CCAO and/or Cook County. Neither Agency nor any other authorized user shall have any right, title or interest in the GIS or Assessor Data except as expressly described herein. The CCAO reserves the right to withdraw from the GIS and/or Assessor Data any item or part of an item for which it no longer retains ownership rights or which it has reasonable grounds to believe infringes copyright or is unlawful or otherwise objectionable. SECTION 5. TERM AND EXTENSION. This Agreement is for one year, effective from the date of execution. It will be extended annually for terms of one year each, unless, at least 30 days prior to the expiration of any term, either party notifies the other in writing of its intent not to renew the Agreement. SECTION 6. DISCLAIMER OF WARRANTIES. The GIS and the Assessor Data is provided “as is” without any warranty or representation whatsoever, including any representation as to accuracy, timeliness, completeness, infringement of rights of privacy, copyright or trademark rights or disclosure of confidential information. All burdens, including any burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use, rests solely on Agency and/or the requester. The CCAO and Cook County make no warranties, express or implied, as to the use of the GIS. There are no implied warranties of merchantability or fitness for a particular purpose. There is no warranty to update any of the information provided hereunder. THE CCAO AND COOK COUNTY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED, ORAL OR WRITTEN) RELATING TO THE GIS AND/OR ASSESSOR DATA, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR 162 of 447 3 PURPOSE. Agency acknowledges and accepts the limitations of the GIS and the Assessor Data, including the fact that the GIS and Assessor Data are dynamic and are in a constant state of maintenance, correction and update. SECTION 7. LIMITATION OF LIABILITY. AGENCY EXPRESSLY AGREES THAT NO MEMBER, OFFICIAL, EMPLOYEE, REPRESENTATIVE OR AGENT OF THE CCAO OR COOK COUNTY, OR THEIR RESPECTIVE SUCCESSORS, HEIRS OR ASSIGNS, SHALL BE LIABLE, WHETHER INDIVIDUALLY OR PERSONALLY OR OTHERWISE, TO AGENCY OR ANY OTHER PERSON OR ENTITY, OR THEIR RESPECTIVE SUCCESSORS, HEIRS OR ASSIGNS, FOR ANY LOSS OR CLAIM, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL DATA OR IN THE EVENT OF ANY DEFAULT OR BREACH BY THE CCAO UNDER THIS AGREEMENT OR ANY INACCURACY OF THE GIS OR ASSESSOR DATA, IN ANY WAY ARISING FROM OR RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OR INABILITY TO USE THE GIS AND/OR ANY ASSESSOR DATA. SECTION 8. AGENCY INDEMNIFICATION. Agency agrees to hold harmless and indemnify the CCAO and Cook County, its commissioners, officers, agents, employees, representatives and affiliates, and their respective heirs, successors and assigns, from and against, and defend, at its own expense (including reasonable attorneys’, accountants’ and consultants’ fees), any suit, claim, action or proceeding brought by any third party against the CCAO, Cook County or any commissioner, officer, agent, employee, representative or affiliate of the CCAO or Cook County arising out of or incident to the performance or nonperformance of this Agreement by CCAO, Cook County, Agency or any other entity. To the extent that the CCAO or Cook County incurs administrative expenses including attorneys’ fees during Agency’s defense of any claim, Agency shall reimburse the CCAO or Cook County, as appropriate, for all such expenses. The provisions of this Section shall survive the termination of this Agreement. SECTION 9. APPLICABLE LAW. This Agreement shall be interpreted and construed in accordance with, and governed by, the laws of the State of Illinois, excluding any such laws that might direct the application of the laws of another jurisdiction. Venue shall be in a court of competent jurisdiction located within the County of Cook, Illinois. The CCAO and Agency each acknowledge the existence of state and other applicable law defining the duties and responsibilities of each party regarding real estate taxation and other governmental functions. No part of this Agreement has the effect of or is intended to impact any applicable legal duty of either party under existing law, especially the Illinois Property Tax Code, 35 ILCS 200/1 et seq. Both parties remain responsible under applicable law for performing all stated duties and responsibilities. 163 of 447 4 SECTION 10. CONFIDENTIALITY. Agency acknowledges and agrees that information regarding this Agreement, and portions of the GIS and Assessor Data and other information disclosed hereunder, is confidential and shall not be disclosed, directly, indirectly or by implication, or be used by Agency in any way, whether during the term of this Agreement or any time thereafter, except solely in accordance with the official purposes set forth above. All such Assessor Data and the GIS shall be treated in confidential manner, except as otherwise expressly stated in a written document. SECTION 11. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, in relation to the matters dealt with herein. There are no representations, warranties, collateral agreements or conditions to this Agreement, except as expressly stated in this Agreement. (b) The section headings are for reference and information purposes only, and shall not affect in any way the meaning or interpretation of this Agreement. References to singular shall include the plural and to plural shall include the singular. References to a person shall include a corporate or government body. Words such as “including” and similar expressions shall not be read as words of limitation. * * * * * * * * IN WITNESS WHEREOF, the parties have executed this Agreement by their respective authorized representatives as of the date first written above. COOK COUNTY ASSESSOR’S OFFICE ______________________________ ______________________________ Signature: Chief Deputy Assessor ______________________________ Cook County Assessor’s Office Print Name Title: _________________________ Agency Name: __________________ ______________________________ Telephone Number: 164 of 447 5 Exhibit A: Statement of Official Purpose 165 of 447 6 Exhibit B: Assessment Data __________________________________ (“Agency”) hereby requests access to assessment data in accordance with the Agreement, dated _______________, between Agency and the Cook County Assessor’s Office (the “CCAO”). The CCAO has developed a file of assessment data, which is maintained on the Cook County Mainframe. The CCAO will make the file of assessment data available to Agency, subject to the terms and restrictions and limitations as set forth in the Agreement. A data dictionary is available upon request. Agency requests assessment data based on the following geographic area (select area by completing one of the blanks below): ¨ Tax Codes: _________________________________ _________________________________ _________________________________ ¨ Municipality: _________________________________ _________________________________ ¨ Permanent Index Number range: Attach additional sheet if necessary _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ ¨ Township: _________________________________ Requested by Name: ____________________________________ Signature: ______________________________ Date: ____________________________________ 166 of 447 7 Exhibit C: Property Images __________________________________ (“Agency”) hereby requests access to property images in accordance with the Agreement, dated _______________, between Agency and the Cook County Assessor’s Office (the “CCAO”). The CCAO has developed a computerized database of property images. The CCAO will make this computerized database of property images available to Agency in JPEG format, subject to the terms and restrictions and limitations as set forth in the Agreement. In addition to the property images, the CCAO will provide a file containing Permanent Index Number(s), property image capture date, and a list of Permanent Index Number(s) that have no property image assigned. A data dictionary is available upon request. Agency requests assessment data based on the following geographic area (select area by completing one of the blanks below): ¨ Permanent Index Number range: Attach additional sheet if necessary _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ ¨ Municipality: _________________________________ ¨ Year 1998 Photos ¨ Year 2007 Photos Requested by Name: ____________________________________ Signature: ______________________________ Date: ____________________________________ 167 of 447 8 Exhibit D: Digital Orthophotography (Aerial Photos) __________________________________ (“Agency”) hereby requests access to digital orthophotography (aerial photos) in accordance with the Agreement, dated _______________, between Agency and the Cook County Assessor’s Office (the “CCAO”). The CCAO has developed a computerized database of digital orthophotography (aerial photos). The computerized database of digital orthophotography for Cook County contains 4,486 tiles. The CCAO will make the computerized database of digital orthophotography available to Agency, subject to the terms and restrictions and limitations as set forth in the Agreement. The digital orthophotgraphy will be provided in .tif or .sid format. In addition to the digital orthophotography, the CCAO will provide a shapefile containing an index of all the tiles for Cook County. Metadata is available upon request. Agency requests assessment data based on the following geographic area (select area by completing one of the blanks below): ¨ Municipality: _________________________________ ¨ Township: _________________________________ ¨ Year 1998 Photos ¨ Year 2003 Photos Requested by Name: ____________________________________ Signature: ______________________________ Date: ____________________________________ 168 of 447 9 Exhibit E: Planimetric data __________________________________ (“Agency”) hereby requests access to planimetric data in accordance with the Agreement, dated _______________, between Agency and the Cook County Assessor’s Office (the “CCAO”). The CCAO has developed a computerized database of geographic information system (GIS). This computerized database consists of both planimetric data and cadastral data. The CCAO will make the computerized database of planimetric data available to Agency, subject to the terms and restrictions and limitations as set forth in the Agreement. The planimetric data is maintained using ESRI’s ArcGIS software and is in a geodatabase format specific to ESRI’s product line. Metadata is available upon request. Agency requests assessment data based on the following geographic area (select area by completing one of the blanks below): ¨ Permanent Index Number range: Attach additional sheet if necessary _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ ¨ Municipality: _________________________________ ¨ Township: _________________________________ Requested by Name: ____________________________________ Signature: ______________________________ Date: ____________________________________ 169 of 447 10 Exhibit F: Cadastral data __________________________________ (“Agency”) hereby requests access to cadastral data in accordance with the Agreement, dated _______________, between Agency and the Cook County Assessor’s Office (the “CCAO”). The CCAO has developed a computerized database of geographic information system (GIS). This computerized database consists of both planimetric data and cadastral data. The CCAO will make the computerized database of cadastral data available to Agency, subject to the terms and restrictions and limitations as set forth in the Agency Agreement. The cadastral data is maintained using ESRI’s ArcGIS software and is in a geodatabase format specific to ESRI’s product line. Metadata is available upon request. Agency requests assessment data based on the following geographic area (select area by completing one of the blanks below): ¨ Permanent Index Number range: Attach additional sheet if necessary _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ ¨ Municipality: _________________________________ ¨ Township: _________________________________ Requested by Name: ____________________________________ Signature: ______________________________ Date: ____________________________________ 170 of 447 11 Exhibit G: Digital Terrain data __________________________________ (“Agency”) hereby requests access to digital terrain data in accordance with the Agreement, dated _______________, between Agency and the Cook County Assessor’s Office (the “CCAO”). The CCAO has developed a computerized database of geographic information system (GIS). This computerized database includes digital terrain data. The CCAO will make the computerized database of digital terrain data available to Agency, subject to the terms and restrictions and limitations as set forth in the Agency Agreement. Agency requests assessment data based on the following geographic area (select area by completing one of the blanks below): ¨ Municipality: _________________________________ ¨ Township: _________________________________ Requested by Name: ____________________________________ Signature: ______________________________ Date: ____________________________________ 171 of 447 12 Exhibit H: Lidar data __________________________________ (“Agency”) hereby requests access to lidar data in accordance with the Agreement, dated _______________, between Agency and the Cook County Assessor’s Office (the “CCAO”). The CCAO has developed a computerized database of geographic information system (GIS). This computerized database includes lidar data. The CCAO will make the computerized database of digital terrain data available to Agency, subject to the terms and restrictions and limitations as set forth in the Agency Agreement. Agency requests assessment data based on the following geographic area (select area by completing one of the blanks below): ¨ Municipality: _________________________________ ¨ Township: _________________________________ Requested by Name: ____________________________________ Signature: ______________________________ Date: ____________________________________ 172 of 447 13 Exhibit I: Oblique Aerial Imagery __________________________________ (“Agency”) hereby requests access to oblique aerial imagery in accordance with the Agreement, dated _______________, between Agency and the Cook County Assessor’s Office (the “CCAO”). The CCAO has developed a computerized database of geographic information system (GIS). This computerized database includes Oblique Aerial Imagery data. The CCAO will make the computerized database of Oblique Aerial Imagery data available to Agency, subject to the terms and restrictions and limitations as set forth in the Agency Agreement. Agency requests assessment data based on the following geographic area (select area by completing one of the blanks below): ¨ Municipality: _________________________________ ¨ Township: _________________________________ Requested by Name: ____________________________________ Signature: ______________________________ Date: ____________________________________ 173 of 447 For City Council Meeting of May 29, 2012 Item A5 Resolution 41-R-12: United States Postal Service Parking Lease For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Martin Lyons, Director of Administrative Services/CFO Rickey A. Voss, Parking/Revenue Manager Subject: Resolution 41-R-12 Authorizing Lease Agreements with the United States Postal Service (USPS) for Vehicle Parking Date: May 22, 2012 Recommended Action: The Transportation/Parking Committee and staff recommend that the City Council approve Resolution 41-R-12 authorizing the City Manager to enter into lease agreements with the US Postal Service (USPS) (Real Estate Division, Great Lakes FSO 62 Stratford Drive, Bloomingdale, IL), for the parking of Postal Service Vehicles in Lot 25, 1612-1616 Maple Avenue and the Maple Avenue Self Park, 1800 Maple Avenue. Projected total revenue for the period from 11/1/2012 – 10/31/2014 is $155,040 and for the period of 11/1/2014 – 10/31/2016 is $163,200. Funding Source: N/A Summary: In 2007 the City entered into a five (5) year lease with the US Postal Service to park 44 USPS vehicles in the 1800 Maple Avenue Parking Garage. In 2008 the City entered into a four (4) year with the US Postal Service to park 24 USPS vehicles in City parking Lot #25 located at 1612 – 1616 Maple Avenue. These leases expire on October 31, 2012 and the USPS Real Estate Division has agreed to enter into new four (4) year leases (November 1, 2012 – October 31, 2016) with a total revenue projection of $318,240 distributed as follows. Memorandum 174 of 447 Revenue Source: Maple Parking Garage Lot 25: 1612-1616 Maple Parking Account 7037.53510 Parking Account 7005.53385 11/1/2012 to 10/31/2013 $50,160 11/1/2012 to 10/31/2013 $27,360 11/1/2013 to 10/31/2014 $50,160 11/1/2013 to 10/31/2014 $27,360 11/1/2014 to 10/31/2015 $52,800 11/1/2014 to 10/31/2015 $28,800 11/1/2015 to 10/31/2016 $52,800 11/1/2015 to 10/31/2016 $28,800 Total $205,920 $112,320 Attachment: Resolution 41-R-12 175 of 447 5/3/2012 41-R-12 A RESOLUTION Authorizing the City Manager to Enter Into Lease Agreements with the United States Postal Service for Parking in the City Parking Garage, 1800 Maple Avenue, and City Parking Lot 25, 1612-1616 Maple Avenue WHEREAS, the City of Evanston (“City”) owns a parking garage at the location commonly known as 1800 Maple Avenue in Evanston, Illinois, and a parking lot at the location commonly known as 1612 – 1616 Maple Avenue; and WHEREAS, the City currently leases 44 parking spaces in said parking garage and 24 parking spaces in said parking lot to the United States Postal Service (“USPS”). Said leases will expire October 31, 2012; and WHEREAS, the USPS wishes to continue leasing said parking spaces through October 31, 2016; and WHEREAS, the City Council of the City of Evanston has determined that the best interests of the City would be served by the continued leasing of said parking to, and executing of leases with, the USPS; and WHEREAS, pursuant to the Evanston City Code of 1979, as amended, Subsection 1-17-4-1, the City Council may authorize by resolution leases of parking, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: The City Manager is hereby authorized and directed to sign, and the City Clerk hereby authorized and directed to attest on behalf of the City, a lease 176 of 447 41-R-12 ~2~ between the City and the USPS for parking in the City Parking Garage, 1800 Maple Avenue, attached hereto as Exhibit A and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to sign, and the City Clerk hereby authorized and directed to attest on behalf of the City, a lease between the City and the USPS for parking in City Parking Lot 25, 1612 – 1616 Maple Avenue, attached hereto as Exhibit B and incorporated herein by reference. SECTION 3: The City Manager is hereby authorized and directed to negotiate any additional terms and conditions of said leases as he may determine to be in the best interests of the City. SECTION 4: This Resolution shall be in full force and effect from and after its adoption. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2012 177 of 447 41-R-12 ~3~ EXHIBIT A USPS Lease Agreement for parking in the City Parking Garage – 1800 Maple Avenue 178 of 447 Lease EVANSTON - CITY PARKING GARAGE (162622-003) 1800 Maple Street, EVANSTON, IL 60201-9998 179 of 447 Lease LEASE (Feb. 2003) Facility Name/Location In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. The Landlord hereby leases to the Postal Service and the Postal Service leases from the Landlord the following premises, hereinafter legally described in paragraph 7, in accordance with the terms and conditions described herein and contained in the ‘General Conditions to U.S. Postal Service Lease,’ attached hereto and made a part hereof. Net Interior Floor Space Total Site Area: 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the following term: Rent checks shall be payable to: FIXED TERM: The term becomes effective November 01, 2012 with an expiration date of October 31, 2016, for a total of 4 Years. Upon which is a multi-tenant, steel frame building and which property contains areas, spaces, improvements, and appurtenances as follows: 13,200 CITY OF EVANSTON CITY MANAGER 2100 RIDGE AVE EVANSTON, IL 60201-2790 13,200.00 This Lease made and entered into by and between CITY OF EVANSTON hereinafter called the Landlord, and the United States Postal Service, hereinafter called the Postal Service: February 2004 3. RENTAL: The Postal Service will pay the Landlord an annual rent of: See Addendum. Lease: J00000399394 Gross Rentable SF of Building 30,000 USPS occupies 47.52% - 44 parking spaces in a self parking garage County: CookEVANSTON - CITY PARKING GARAGE (162622-003) 1800 Maple Street, EVANSTON, IL 60201-9998 SQ. FEETAREA 1180 of 447 Lease 4. 5. OTHER PROVISIONS: The following additional provisions, modifications, riders, layouts, and/or forms were agreed upon prior to execution and made a part hereof: 6. TERMINATION: 7. LEGAL DESCRIPTION: None, except as specified elsewhere in this Lease. RENEWAL OPTIONS: None 2 Maple Avenue Parking Garage located at 1800 Maple Avenue, Evanston Illinois. February 2004 Utilities Services & Equipment Rider, Maintenance Rider - Landlord Responsibility, Mortgagee's Agreement. See Attached Addendum. 181 of 447 Addendum Facility Name/Location 3. RENTAL: The Postal Service will pay the Landlord an annual rental of: $50,160.00 beginning November 01, 2012 and ending October 31, 2014 $52,800.00 beginning November 01, 2014 and ending October 31, 2016 payable in equal installments at the end of each calendar month. Rent for a part of a month will be prorated. 1. Landlord may, at its option, relocate the Postal Service's parking spaces to a different area within the premises by providing a ten (10) day written notice to the Postal Service. Newly assigned spaces shall be in the covered parking areas, and the number of spaces dedicated exclusively for Postal Service use shall remain at or greater than 44. 2. Paragraph 6 of the General Conditions concerning subleasing has been deleted in its entirety. 3. Paragraph 4 of the Utilities, Services & Equipment Rider has been amended to read: Landlord is responsible for replacement of light bulbs. 4. The Lease may be terminated by either party any time after 10-31-14 by providing written notice to the other party at least 180 days prior to the effective date of the proposed termination. County: Cook February 2004 3 Lease: J00000399394 EVANSTON - CITY PARKING GARAGE (162622-003) 1800 Maple Street, EVANSTON, IL 60201-9998 182 of 447 Lease EXECUTED BY LANDLORD this ________ day of _______________________, ______. GOVERNMENTAL ENTITY By executing this Lease, Landlord certifies that Landlord is not a USPS employee or contract employee (or an immediate family member of either), or a business organization substantially owned or controlled by a USPS employee or contract employee (or an immediate family member of either). Name of Governmental Entity: _____________________________________________________________ _____________________________________ _____________________________________ _____________________________________ _____________________________________ Landlord’s Address: ____________________________________________________________________________________ ____________________________________________________________________________________________________ Landlord’s Telephone Number(s): ___________________________ __________________________________ E-mail Address: ________________________________________________________________________________ Federal Tax Identification No.:______________________________________ _________________________________________ _________________________________________ Witness Witness a. Where the Landlord is a governmental entity or other municipal entity, the Lease must be accompanied by documentary evidence affirming the authority of the signatory(ies) to execute the Lease to bind the governmental entity or municipal entity for which he (or they) purports to act. b. Any notice to Landlord provided under this Lease or under any law or regulation must be in writing and submitted to Landlord at the address specified above, or at an address that Landlord has otherwise appropriately directed in writing. Any notice to the Postal Service provided under this Lease or under any law or regulation must be in writing and submitted to “Contracting Officer, U.S. Postal Service” at the address specified below, or at an address that the Postal Service has otherwise directed in writing. ACCEPTANCE BY THE POSTAL SERVICE Date: _______________ __________________________________ ____________________________________ Contracting Officer Signature of Contracting Officer _______________________________________________________________________________ Address of Contracting Officer LEASE (June 2003) CITY MANAGER 2100 RIDGE AVE Great Lakes FSO 62 STRATFORD DRIVE, BLOOMINGDALE, IL 60117-7000 Name & Title: Wally Bobkiewicz, City Manager Name & Title: Name & Title:Name & Title: Bryant J Schroeder CITY OF EVANSTON XX-XXX5870 4 EVANSTON, IL 60201-2790 183 of 447 General Conditions to USPS Lease gencond2 Oct 2006 GC-1 1. CHOICE OF LAW This Lease shall be governed by federal law. 2. RECORDING Not Required 3. MORTGAGEE'S AGREEMENT If there is now or will be a mortgage on the property which is or will be recorded prior to the recording of the Lease, the Landlord must notify the contracting officer of the facts concerning such mortgage and, unless in his sole discretion the contracting officer waives the requirement, the Landlord must furnish a Mortgagee's Agreement, which will consent to this Lease and shall provide that, in the event of foreclosure, mortgagee, successors, and assigns shall cause such foreclosures to be subject to the Lease. 4. ASSIGNMENTS a. The terms and provisions of this Lease and the conditions herein are binding on the Landlord and the Postal Service, and all heirs, executors, administrators, successors, and assigns. b. If this contract provides for payments aggregating $10,000 or more, claims for monies due or to become due from the Postal Service under it may be assigned to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this contract. No assignment or reassignment will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment, is filed with: 1. the contracting officer; and 2. the surety or sureties upon any bond. c. Assignment of this contract or any interest in this contract other than in accordance with the provisions of this clause will be grounds for termination of the contract for default at the option of the Postal Service. d. Nothing contained herein shall be construed so as to prohibit transfer of owner ship of the demised premises, provided that: 1. such transfer is subject to this Lease agreement; and 2. both the original Landlord and the successor Landlord execute the standard Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form to be provided by the USPS Contracting Officer; and in the case of new leased space projects, the lease may only be assigned or ownership of the property transferred following commencement of the fixed term, unless prior written consent is obtained from the Postal Service. 5. APPLICABLE CODES AND ORDINANCES The Landlord, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership and operation of the building in which the rented space is situated and to obtain all necessary permits and related items at no cost to the Postal Service. When the Postal Service or one of its contractors (other than the Landlord) is performing work at the premises, the Postal Service will be responsible f or obtaining all necessary and applicable permits, related items, and associated costs. 6. SUBLEASE The Postal Service may sublet all or any part of the premises or assign this lease but shall not be relieved from any obligation under this lease by reason of any subletting or assignment. 7. RESTORATION AND ALTERATIONS a. Upon written notification by Landlord within 30 days of the expiration or termination of this Lease, the Postal Service shall restore the premises to a “broom clean” and usable condition, excepting the following: reasonable and ordinary wear and tear; and damages by the elements or by circumstances over which the Postal Service has no control. If Landlord provides the above notice, the Postal Service and Landlord shall negotiate and reach agreement on necessary items of restoration and the reasonable cost for restoration; the Postal Service shall pay Landlord this agreed- upon amount and shall have no further restoration duties under this Lease. b. The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures or signs in or upon the premises hereby leased (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the property or in the building in which said premises are located); which fixtures, additions or structures so placed in, upon or attached to the said premises shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service. 184 of 447 General Conditions to USPS Lease gencond2 Oct 2006 GC-2 8. CLAIMS AND DISPUTES a. This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613) ("the Act"). b. Except as provided in the Act, all disputes arising under or relating to this contract must be resolved under this clause. c. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Landlord seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph d below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requireme nts of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d. A claim by the Landlord must be made in writing and submitted to the contracting officer for a written decision. A claim by the Postal Service against the Landlord is subject to a written decision by the contracting officer. For Landlord claims exceeding $100,000, the Landlord must submit with the claim the following certification: “I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable, and that I am duly authorized to certify the claim on behalf of the Landlord.” The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim. e. For Landlord claims of $100,000 or less, the contracting officer must, if requested in writing by the Landlord, render a decision within 60 days of the request. For Landlord-certified claims over $100,000, the contracting officer must, within 60 days, decide the claim or notify the Landlord of the date by which the decision will be made. f. The contracting officer's decision is final unless the Landlord appeals or files a suit as provided in the Act. g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an alternative dispute resolution (ADR) process to assist in resolving the claim. A certification as described in subparagraph d of this clause must be provided for any claim, regardless of dollar amount, before ADR is used. h. The Postal Service will pay interest on the amount found due and unpaid from: 1. the date the contracting officer receives the claim (properly certified if required); or 2. the date payment otherwise would be due, if that date is later, until the date of payment. i. Simple interest on claims will be paid at a rate determined in accordance with the Act. j. The Landlord must proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the contracting officer. 9. HAZARDOUS/TOXIC CONDITIONS CLAUSE "Asbestos containing building material" (ACBM) means any material containing more than 1% asbestos as determined by using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any ACBM that when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. The Landlord must identify and disclose, to the best of its knowledge, the presence, location and quantity of all ACBM or presumed asbestos containing material (PACM) which includes all thermal system insulation, sprayed on and troweled on surfacing materials, and asphalt and vinyl flooring material unless such material has been tested and identified as non-ACBM. The Landlord agrees to disclos e, to the best of its knowledge, any information concerning the presence of lead-based paint, radon above 4 pCi/L, and lead piping or solder in drinking water systems in the building, to the Postal Service. Sites cannot have any contaminated soil or wate r above applicable federal, state or local action levels or undisclosed underground storage tanks. Unless due to the act or negligence of the Postal Service, if contaminated soil, water, underground storage tanks or piping or friable asbestos material or any other hazardous/toxic materials or substances as defined by applicable Local, State or Federal law are subsequently identified on the premises, the Landlord agrees to remove such materials or substances upon notification by the Postal Service at Landlord's sole cost and expense in accordance with EPA and/or State guidelines; prior to accomplishing this task, Landlord must seek written approval by the USPS Contracting Officer of the contractor and scope of work, such approval not to be unreasonably withheld. If ACBM is subsequently found in the building which reasonably should have been determined, identified, or known to the Landlord, the Landlord agrees to conduct, at Landlord’s sole expense, an asbestos survey pursuant to the standards of the Asbestos Hazard Emergency Response Act (AHERA), establish an Operations and Maintenance (O&M) plan for asbestos management, and provide the survey report and plan to the Postal Service. If the Landlord fails to remove any friable asbestos or hazardous/toxic materials or substances, or fails to complete an AHERA asbestos survey and O&M plan, the Postal Service has the right to accomplish the work and deduct the cost plus administrative costs, from future rent payments or recover these costs from Landlord by other means, or may, at its sole option, cancel this Lease. In addition, the Postal Service may proportionally abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been rendered unavailable to it by reason of such condition. 185 of 447 General Conditions to USPS Lease gencond2 Oct 2006 GC-3 The Landlord hereby indemnifies and holds harmless the Postal Service and its officers, agents, representatives, and employees from all claims, loss, damage, actions, causes of action, expense, fees and/or liability resulting from, brought for, or on account of any violation of this clause. The remainder of this clause applies if this Lease is for premises not previously occupied by the Postal Service. By execution of this Lease the Landlord certifies: a. that, to the best of its knowledge, the property and improvements are free of all contamination from petroleum products or any hazardous/toxic or unhealthy materials or substances, including friable asbestos materials, as defined by applicable State or Federal law; b. that, to the best of its knowledge, there are no undisclosed underground storage tanks or associated piping, ACBM, radon, lead-based paint, or lead piping or solder in drinking water systems, on the property; and c. it has not received, nor is it aware of, any notification or other communication from any governmental or regulatory entity concerning any environmental condition, or violation or potential violation of any local, state, or federal environmental statute or regulation, existing at or adjacent to the property. 10. FACILITIES NONDISCRIMINATION a. By executing this Lease, the Landlord certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated facilities are maintained. b. The Landlord will insert this clause in all contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules, regulations, or orders issued under Executive Order 11246. 11. CLAUSES REQUIRED TO IMPLEMENT POLICIES, STATUTES, OR EXECUTIVE ORDERS The following clauses are incorporated in this Lease by reference. The text of incorporated terms may be found in the Pos tal Service’s Supplying Principles and Practices, accessible at www.usps.com/publications . Clause 1-5, Gratuities or Gifts (Ma rch 2006) Clause 1-6, Contingent Fees (Ma rch 2006) Clause 9-3, Davis -Bacon Act (Ma rch 2006)1 Clause 9-7, Equal Opportunity (Ma rch 2006)2 Clause 9-13, Affirmative Action for Handicapped Workers (Ma rch 2006)3 Clause 9-14, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (Ma rch 2006)4 Clause B-25, Advertising of Contract Awards (March 2006) Note: For purposes of applying the above standard clauses to this Lease, the terms “supplier,” “contractor,” and “lessor” are synonymous with “Landlord,” and the term “contract” is synonymous with “Lease.” 1 For premises with net interior space in excess of 6,500 SF and involving construction work over $2,000. 2 For leases aggregating payments of $10,000 or more. 3 For leases aggregating payments of $10,000 or more. 4 For leases aggregating payments of $25,000 or more. 186 of 447 Maintenance Rider Landlord Responsibility Landlordmain1 06/2005. 1. The Landlord shall, except as otherwise specified herein and except for damage resulting from the act or negligence of Postal Service agents or employees, maintain the demised premises, including the building and any and all equipment, fixtures, systems, and appurtenances, whether severable or non-severable, furnished by the Landlord under this Lease, in good repair and tenantable condition, during the continuance of the Lease. Landlord’s duties include repair and replacement as necessary. Notwithstanding the above, the Postal Service will be responsible for regular cleaning of gutters and downspouts connected to the outer edge (i.e., the eaves area) of the roof; Landlord will be responsible for regular cleaning of any other gutters, downspouts, troughs, scuppers, roof drains, etc. For the purpose of so maintaining said premises and property, the Landlord may, at reasonable times, and upon reasonable notice to the facility manager, enter and inspect the same and make any necessary repairs thereto. 2. Landlord is responsible for inspection, prevention and eradication of termites and any other wood-eating insects and for repairs of any damage resulting therefrom during the continuance of the Lease. 3. Landlord shall paint all interior and exterior previously painted surfaces as follows: no later than six (6) months following the start of the lease, and at least once every five (5) years during the continuance of the lease unless required more often because of damage from fire or other casualty, or unless the time period is specifically modified in writing by the Contracting Officer. Landlord is required to apply only one coat of paint. USPS will be responsible for cost of additional coats of paint, including application costs. USPS will be responsible for movi ng furniture and equipment away from walls as required. 4. Any heating system furnished by Landlord must be properly sized for the facility, must be in good working order, and must be maintained and, if necessary, replaced by Landlord to ensure proper operation during the continuance of the Lease and in accordance with this Maintenance Rider; such system must be capable of providing a uniform temperature of at least 65 degrees Fahrenheit (65°F.) in all enclosed portions of the demised premises (excluding the rear vestibule) at all times. Regardless of whether Landlord is required by the Lease to provide fuel for a heating system, any investigative or remediation cost associated with a release of fuel from the system, including any fuel tank, shall be the res ponsibility of the Landlord, unless the release is caused by the act or negligence of the Postal Service or its agents. The Postal Service shall be responsible for regular replacement of filters. Boilers (heating and hot water supply) and unfired pressure vessels provided by the Landlord as part of the leased premises shall be maintained and, if necessary, replaced by the Landlord in accordance with ASME Boiler and Pressure Vessel Code, Sections IV, VI, and VIII; National Fire Prevention Association (NFPA )-70, National Electric Code; and/or ASME Safety Code No. CSD-1, Controls and Safety Devises for Automatically Fired Boilers; ASME A18.1, Safety Standard for Platform Lifts and Chairlifts; NFPA-54, National Fuel Gas Code; and NFPA-31, Oil Burning Equipment Code, as applicable, or as required by local ordinances. Current safety certificates issued by an organization recognized by the National Board of Boiler and Pressure Vessel Inspectors or a federal, state or municipal authority which has adopted the American National Standard Institute/American Society of Mechanical Engineers (ASME) Boiler and Vessel Code, must be provided by the Landlord for boilers and unfired pressure vessels. In the event local jurisdictions do not require periodic inspection of such equipment, the Postal Service shall have the right to conduct inspections in accordance with the aforesaid codes, and may issue safety certificates, as appropriate. 5. Any elevators, escalators and dumbwaiters provided by the Landlord as part of the leased premises shall be maintained, and, if necessary, replaced by the Landlord during the continuance of the Lease in accordance with ASME A17.1, Safety Code for Elevators, Escalators, Dumbwaiters, and Moving Walks; ASME A17.2, Elevator Inspectors Manual; ASME A17.3 Safety Code for Existing Elevators and Escalators; ASME A17.4, Emergency Evacuation Procedures for Elevators; and ASME A17.5, Elevator and Escalator Electrical Equipment. Landlord must ensure that current safety certificates for elevators, dumbwaiters and escalators are issued by an organization authorized to inspect in accordance with the ANSI/ASME Code for Elevators, Dumbwaiters and Escalators or appropriate federal, state or municipal authority. In the event local jurisdictions do not require periodic inspection of such equipment, the Postal Service shall have the right to conduct inspections in accordance with the aforesaid codes, and may issue safety certificates, as appropriate. 187 of 447 Maintenance Rider Landlord Responsibility Landlordmain1 06/2005. 6. Any air-conditioning equipment furnished by Landlord must be properly sized for the facility, must be in good working order, and must be maintained and, if necessary, replaced by Landlord to ensure proper operation during the continuance of the Lease and in accordance with this Maintenance Rider; air-conditioning must be capable of providing a uniform temperature of no greater than 78 degrees Fahrenheit (78°F.) in all enclosed portions of the demised premises at all times. Landlord shall be responsible for servicing of the air-conditioning equipment during the continuance of the Lease, including, refrigerant as required for proper operation of the equipment. The Postal Service shall be responsible for regular replacement of filters. 7. Any electrical/power system furnished by Landlord must be properly sized for the facility, must be in good working order, and must be maintained and, if necessary, replaced by Landlord to ensure proper operation during the continuance of the Lease and in accordance with this Maintenance Rider. 8. Any wiring, including, but not limited to, wiring for the Electronic Security and Surveillance Equipment (ESS), Closed Circuit Television (CCTV), Very Small Aperture Terminal (VSAT), Criminal Investigation System (CIS), Intrusion Detection System (IDS), etc., installed by the Landlord shall be maintained, and if necessary, replaced by the Landlord during the continuance of the Lease. However, the Landlord shall not attempt any maintenance of, or repair of, or interfere with, the actual security, telephone, or telecommunications equipment, such as cameras, consoles, monitors, satellite dishes, telephone handsets, and Point -of -Service (POS) equipment. 9. Whether public or private water or sewer systems are provided, said systems are to be maintained and replaced by the Landlord during the continuance of the Lease, including any inspections that may be required. 10. If the demised premises or any portion thereof are damaged or destroyed by fire or other casualty, Acts of God, of a public enemy, riot or insurrection, vandalism, or are otherwise determined by the Postal Service to be unfit for use and occupancy, or whenever there is a need for maintenance, repair, or replacement which is the Landlord's obligation under this Maintenance Rider, the Postal Service will require the Landlord to rebuild or repair the premises as necessary to restore them to tenantable condition to the satisfaction of the Postal Service. The Postal Service will, except in emergencies, provide the Landlord with written notice stating a reasonable time period for completion of all necessary repairs. (A copy of any such notice shall be sent to the Landlord's mortgagee and any assignee of monies due or to become due under this Lease whose names and addresses have been furnished to the Postal Service by the Landlord. Failure to give such written notice to the Landlord or to the mortgagee or assignee shall not affect the Postal Service's rights to recover expended costs under this provision, provided that the costs expended by the Postal Service are reasonable in amount.) The Postal Service, acting through the Contracting Officer, may proportionately abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been rendered untenantable, or unfit for use and occupancy, by reason of such condition. If the Landlord (or the mortgagee or assignee, on behalf of the Landlord) fails to prosecute the work with such diligence as will ensure its completion within the time specified in the notice (or any extension thereof as may be granted at the sole discretion of the Postal Service), or fails to complete the work within said time, the Postal Service shall have the right to perform the work (by contract or otherwise), and withhold the cost plus any administrative cost and/or interest, from rental payments due or to become due under this Lease. Alternatively, the Contracting Officer may, if the demised premises are determined to be untenantable or unfit for use or occupancy, with reasonable discretion, cancel this Lease in its entirety, without liability. The remedies provided in this section are non-exclusive and are in addition to any remedies available to the Postal Service under applicable law. 11. The Landlord must: a. comply with applicable Occupational Safety and Health Standards, title 29 Code of Federal Regulations (CFR) (including but not limited to Parts 1910 and 1926), promulgated pursuant to the authority of the Occupational Safety and Health Act of 1970 (OSHA); and 188 of 447 Maintenance Rider Landlord Responsibility Landlordmain1 06/2005. b. comply with any other applicable federal, state, or local regulation governing workplace safety to the extent they are not in conflict with a; and c. take all other proper precautions to protect the health and safety of: (1) any laborer or mechanic employed by the Landlord in performance of this agreement; and (2) Postal Service employees; and (3) the public. The Landlord must include this clause in all subcontracts hereunder and require its inclusion in all subcontracts of a lower tier. The term “Landlord” as used in this clause in any subcontract must be deemed to refer to the subcontractor. 189 of 447 Utilities, Services, & Equipment Rider U-1 Facility Name/Location 1. HEAT 2. AIR CONDITIONING 3. ELECTRICITY 4. LIGHT County: CookEVANSTON - CITY PARKING GARAGE (162622-003) 1800 Maple Street, EVANSTON, IL 60201-9998 February 2004 Not Applicable Landlord must furnish an electrical system in good working order, in accordance with the Maintenance Rider, and pay for all recurring electric bills, during the continuance of the Lease. Landlord must provide light fixtures in good working order, in accordance with the Maintenance Rider, during the continuance of the lease. Landlord is not responsible for replacement of light bulbs. Not Applicable Lease: J00000399394 190 of 447 Utilities, Services, & Equipment Rider U-2 5. WATER 6. SEWER 7. TRASH 8. SNOW Not Applicable Not Applicable February 2004 The Landlord agrees to furnish and pay for the timely removal of snow and ice from the roof and the sidewalks, driveway, parking and maneuvering areas, and any other areas providing access to the postal facility for use by postal employees, contractors, or the public (including, but not limited to, stairs, handicap access ramps, carrier ramps, etc.) during the continuance of the Lease. The Landlord agrees to furnish and pay for all trash removal for the demised premises during the continuance of the Lease. 191 of 447 Mortgagee’s Agreement (To be executed and attached to lease) Facility Name/Location The undersigned, Holder(s) of a mortgage (or similar encumbrance, such as a Deed of Trust), in the sum of _____________________on the property situated at: _________________________________________________ ____________________________________________________________________________________________ hereby consent(s) to the leasing of said property to the U.S. Postal Service and agree(s) for itself, its successors, executors, administrators, and assigns that in the event it should become necessary to: a) foreclose said mortgage or similar encumbrance, the Mortgagee will cause the sale of said premises to be made subject to said lease; or, b) take any other action terminating the mortgage or transferring title, the Mortgagee will cause such action to be made subject to said lease. MORTGAGEE ______________________________________________ Name of Mortgage Company ______________________________________ By:______________________________________________ Witness Signature of Mortgagee’s Officer Its:______________________________________________ Title of Mortgagee’s Officer _________________________________________________________ Street Address _________________________________________________________ City, State and ZIP+4 Subscribed and Sworn to before me, a notary public, in and for _________________________ County, State of ____________________________ this ______________day of __________________________, _______. ____________________________________________________________ Notary Public My commission expires _____________________________________ February 2004 M-1 County: CookEVANSTON - CITY PARKING GARAGE (162622-003) 1800 Maple Street, EVANSTON, IL 60201-9998 Lease: J00000399394 February 2004 192 of 447 41-R-12 ~4~ EXHIBIT B USPS Lease Agreement for parking in City Parking Lot 25 – 1612-1616 Maple Avenue 193 of 447 Ground Lease EVANSTON - SEDAN PARKING (162622-004) 1612-1616 Maple Avenue, EVANSTON, IL 60201-9998 194 of 447 Ground Lease Facility Name/Location In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. The Landlord hereby leases to the Postal Service and the Postal Service leases from the Landlord the following premises, hereinafter legally described in paragraph 7, in accordance with the terms and conditions described herein and contained in the ‘General Conditions to USPS Ground Lease,’ attached hereto and made a part hereof: Total Site Area: Rent checks shall be payable to: 3. TO HAVE AND TO HOLD the said premises with their appurtenances for the following term: February 2004 2. RENTAL: The Postal Service will pay the Landlord an annual rent of: See Addendum. Lease: J00000399441 FIXED TERM: The term becomes effective November 01, 2012 with an expiration date of October 31, 2016, for a total of 4 Years. 24 Parking Spaces located in City Parking Lot #25 7,280.00 Sq. Ft. County: CookEVANSTON - SEDAN PARKING (162622-004) 1612-1616 Maple Avenue, EVANSTON, IL 60201-9998 This Lease made and entered into by and between CITY OF EVANSTON hereinafter called the Landlord, and the United States Postal Service, hereinafter called the Postal Service: 1 CITY OF EVANSTON ATTN: RICKEY A VOSS PKG MGR, DIV OF TRANS, PUBLIC WORKS 2100 RIDGE AVE EVANSTON, IL 60201-2798 195 of 447 Ground Lease 4. 5. TERMINATION: 6. OTHER PROVISIONS: The following additional provisions, modifications, riders, layouts, and/or forms were agreed upon prior to execution and made a part hereof: 7. LEGAL DESCRIPTION: February 2004 None, except as specified elsewhere in this Lease. RENEWAL OPTIONS: None 2 1. Paragraph 6 of the General Conditions concerning subleasing has been deleted in its entirety. 2. Postal Service shall have exclusive rights to the lot and City agrees to maintain asphalt surface. 3. Postal Service agrees to provide cleaning, trash and snow removal within the fenced area. 4. The Lease may be terminated by either party any time after 10-31-14 by providing written notice to the other party at least 180 days prior to the effective date of the proposed termination. A portion of the City of Evanston City Parking Lot #2 legally described as: The eastern most 102 feet of Lots 7, 8, and 9, in the resubdivision of Lots 11 and 12 in Block 67, Section 18, Township 41 North, Range 14, East of the Third Principal Meridian, City of Evanston, Cook County, Illinois. 196 of 447 Addendum Facility Name/Location February 2004 3 Lease: J00000399441 2. RENTAL: The Postal Service will pay the Landlord an annual rental of: $27,360.00 beginning November 01, 2012 and ending October 31, 2014 $28,800.00 beginning November 01, 2014 and ending October 31, 2016 payable in equal installments at the end of each calendar month. Rent for a part of a month will be prorated. EVANSTON - SEDAN PARKING (162622-004) 1612-1616 Maple Avenue, EVANSTON, IL 60201-9998 County: Cook 197 of 447 Ground Lease EXECUTED BY LANDLORD this ________ day of _______________________, ______. GOVERNMENTAL ENTITY By executing this Lease, Landlord certifies that Landlord is not a USPS employee or contract employee (or an immediate family member of either), or a business organization substantially owned or controlled by a USPS employee or contract employee (or an immediate family member of either). Name of Governmental Entity: _____________________________________________________________ __________________________________ _____________________________________ __________________________________ _____________________________________ Landlord’s Address: ____________________________________________________________________________________ ____________________________________________________________________________________ Landlord’s Telephone Number(s): ___________________________ __________________________________ Federal Tax Identification No.:______________________________________ _________________________________________ _________________________________________ Witness Witness a. Where the Landlord is a governmental entity or other municipal entity, the Lease must be accompanied by documentary evidence affirming the authority of the signatory(ies) to execute the Lease to bind the governmental entity or municipal entity for which he (or they) purports to act. b. Any notice to Landlord provided under this Lease or under any law or regulation must be in writing and submitted to Landlord at the address specified above, or at an address that Landlord has otherwise appropriately directed in writing. Any notice to the Postal Service provided under this Lease or under any law or regulation must be in writing and submitted to “Contracting Officer, U.S. Postal Service” at the address specified below, or at an address that the Postal Service has otherwise directed in writing. ACCEPTANCE BY THE POSTAL SERVICE Date: _______________ __________________________________ ____________________________________ Contracting Officer Signature of Contracting Officer _______________________________________________________________________________ Address of Contracting Officer Signature Page Grdlease Gvt. Entity (April 2009) Bryant J Schroeder 2100 RIDGE AVE Great Lakes FSO 62 STRATFORD DRIVE, BLOOMINGDALE, IL 60117-7000 (847) 448 - 8118 Name & Title: Name & Title: Name & Title: Name & Title: (847) 866 - 2922 Wally Bobkiewicz, City Manager XX-XXX5870 4 EVANSTON, IL 60201-2716 198 of 447 General Conditions to USPS Ground Lease groundgc (Oct 2009) GC-1 1. CHOICE OF LAW This Lease shall be governed by federal law. 2. RECORDING Not Required 3. MORTGAGEE'S AGREEMENT If there is now or will be a mortgage on the property which is or will be recorded prior to the recording of the Lease, the Landlord must notify the contracting officer of the facts concerning such mortgage and, unless in his sole discretion the contracting officer waives the requirement, the Landlord must furnish a Mortgagee's Agreement, which will consent to this Lease and shall provide that, in the event of foreclosure, mortgagee, successors, and assigns shall cause such foreclosures to be subject to the Lease. 4. ASSIGNMENTS a. The terms and provisions of this Lease and the conditions herein are binding on the Landlord and the Postal Service, and all heirs, executors, administrators, successors, and assigns. b. If this contract provides for payments aggregating $10,000 or more, claims for monies due or to become due from the Postal Service under it may be assigned to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this contract. No assignment or reassignment will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment, is filed with: 1. the contracting officer; and 2. the surety or sureties upon any bond. c. Assignment of this contract or any interest in this contract other than in accordance with the provisions of this clause will be grounds for termination of the contract for default at the option of the Postal Service. d. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the demised premises, provided that: 1. such transfer is subject to this Lease agreement; 2. both the original Landlord and the successor Landlord execute the standard Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form to be provided by the USPS Contracting Officer. 5. APPLICABLE CODES AND ORDINANCES The Landlord, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership and operation of the parcel on which the premises are situated and to obtain all necessary permits and related items at no cost to the Postal Service. When the Postal Service or one of its contractors (other than the Landlord) is performing work at the premises, the Postal Service will be responsible for obtaining all necessary and applicable permits, related items, and associated costs. 6. SUBLEASE The Postal Service may sublet all or any part of the premises or assign this lease but shall not be relieved from any obligation under this lease by reason of any subletting or assignment. 7. ALTERATIONS The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures or signs in or upon the premises hereby leased (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the property on which said premises are located); which fixtures, additions or structures so placed in, upon or attached to the said premises shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service. 8. CLAIMS AND DISPUTES a. This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613) ("the Act"). b. Except as provided in the Act, all disputes arising under or relating to this contract must be resolved under this clause. c. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Landlord seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph d below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a 199 of 447 General Conditions to USPS Ground Lease groundgc (Oct 2009) GC-2 claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d. A claim by the Landlord must be made in writing and submitted to the contracting officer for a written decision. A claim by the Postal Service against the Landlord is subject to a written decision by the contracting officer. For Landlord claims exceeding $100,000, the Landlord must submit with the claim the following certification: “I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable, and that I am duly authorized to certify the claim on behalf of the Landlord.” The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim. e. For Landlord claims of $100,000 or less, the contracting officer must, if requested in writing by the Landlord, render a decision within 60 days of the request. For Landlord-certified claims over $100,000, the contracting officer must, within 60 days, decide the claim or notify the Landlord of the date by which the decision will be made. f. The contracting officer's decision is final unless the Landlord appeals or files a suit as provided in the Act. g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an alternative dispute resolution (ADR) process to assist in resolving the claim. A certification as described in subparagraph d of this clause must be provided for any claim, regardless of dollar amount, before ADR is used. h. The Postal Service will pay interest on the amount found due and unpaid from: 1. the date the contracting officer receives the claim (properly certified if required); or 2. the date payment otherwise would be due, if that date is later, until the date of payment. i. Simple interest on claims will be paid at a rate determined in accordance with the Act. j. The Landlord must proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the contracting officer. 9. HAZARDOUS/TOXIC CONDITIONS CLAUSE "Asbestos containing building material" (ACBM) means any material containing more than 1% asbestos as determined by using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any ACBM that when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. The Landlord must identify and disclose the presence, location and quantity of all ACBM or presumed asbestos containing material (PACM) which includes all thermal system insulation, sprayed on and troweled on surfacing materials, and asphalt and vinyl flooring material unless such material has been tested and identified as non-ACBM. The Landlord agrees to disclose any information concerning the presence of lead-based paint, radon above 4 pCi/L, and lead piping or solder in drinking water systems in the building, to the Postal Service. Sites cannot have any contaminated soil or water above applicable federal, state or local action levels or undisclosed underground storage tanks. Unless due to the act or negligence of the Postal Service, if contaminated soil, water, underground storage tanks or piping or friable asbestos material or any other hazardous/toxic materials or substances as defined by applicable Local, State or Federal law are subsequently identified on the premises, the Landlord agrees to remove such materials or substances upon notification by the U. S. Postal Service at Landlord's sole cost and expense in accordance with EPA and/or State guidelines. If ACBM is subsequently found which reasonably should have been determined, identified, or known to the Landlord, the Landlord agrees to conduct, at Landlord’s sole expense, an asbestos survey pursuant to the standards of the Asbestos Hazard Emergency Response Act (AHERA), establish an Operations and Maintenance (O&M) plan for asbestos management, and provide the survey report and plan to the Postal Service. If the Landlord fails to remove any friable asbestos or hazardous/toxic materials or substances, or fails to complete an AHERA asbestos survey and O&M plan, the Postal Service has the right to accomplish the work and deduct the cost plus administrative costs, from future rent payments or recover these costs from Landlord by other means, or may, at its sole option, cancel this Lease. In addition, the Postal Service may proportionally abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been rendered unavailable to it by reason of such condition. The Landlord hereby indemnifies and holds harmless the Postal Service and its officers, agents, representatives, and employees from all claims, loss, damage, actions, causes of action, expense, fees and/or liability resulting from, brought for, or on account of any violation of this clause. The remainder of this clause applies if this Lease is for premises not previously occupied by the Postal Service. By execution of this Lease the Landlord certifies: a. the property and improvements are free of all contamination from petroleum products or any hazardous/toxic or unhealthy materials or substances, including friable asbestos materials, as defined by applicable State or Federal law; 200 of 447 General Conditions to USPS Ground Lease groundgc (Oct 2009) GC-3 b. there are no undisclosed underground storage tanks or associated piping, ACBM, radon, lead-based paint, or lead piping or solder in drinking water systems, on the property; and c. it has not received, nor is it aware of, any notification or other communication from any governmental or regulatory entity concerning any environmental condition, or violation or potential violation of any local, state, or federal environmental statute or regulation, existing at or adjacent to the property. 10. FACILITIES NONDISCRIMINATION a. By executing this Lease, the Landlord certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated facilities are maintained. b. The Landlord will insert this clause in all contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules, regulations, or orders issued under Executive Order 11246. 11. CLAUSES REQUIRED TO IMPLEMENT POLICIES, STATUTES, OR EXECUTIVE ORDERS The following clauses are incorporated in this Lease by reference. The text of incorporated terms may be found in the Postal Service’s Supplying Principles and Practices, accessible at www.usps.com/publications. Clause 1-1, Privacy Protection (July 2007) Clause 1-5, Gratuities or Gifts (March 2006) Clause 1-6, Contingent Fees (March 2006) Clause 4-2, Contract Terms and Conditions Required to Implement Policies, Statues or Executive Orders (July 2009) Clause 9-3, Davis-Bacon Act (March 2006)1 Clause 9-7, Equal Opportunity (March 2006)2 Clause 9-13, Affirmative Action for Handicapped Workers (March 2006)3 Clause 9-14, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (March 2006)4 Clause B-25, Advertising of Contract Awards (March 2006) Note: For purposes of applying the above standard clauses to this Lease, the terms “supplier,” “contractor,” and “lessor” are synonymous with “Landlord,” and the term “contract” is synonymous with “Lease.” 1 For premises with net interior space in excess of 6,500 SF and involving construction work over $2,000. 2 For leases aggregating payments of $10,000 or more. 3 For leases aggregating payments of $10,000 or more. 4 For leases aggregating payments of $25,000 or more. 201 of 447 For City Council Meeting of May 29, 2012 Item A6 Ordinance 50-O-12: Prohibiting Parking on Lincoln Street For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Rickey A. Voss, Parking/Revenue Manager Subject: Ordinance 50-O-12 Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 8, Prohibited Parking at All Times, Schedule VIII(A) of the Evanston City Code Date: May 22, 2012 Recommended Action: The Transportation/Parking Committee and staff recommend that the City Council approve Ordinance 50-O-12 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 8, Prohibited Parking at All Times, Schedule VIII(A) of the Evanston City Code, to add Lincoln Street, South Side, Sheridan Road east to Campus Drive. Summary: During the recent renovations of the City Water Facility, the south side of the 500 block of Lincoln Street, from Sheridan Road east to Campus Drive, was temporarily signed to prohibit parking to accommodate truck traffic in support of the construction project. David Stoneback, Director of Utilities, suggested that the prohibition become permanent thereby increasing security measures in and around the Water Facility. Mr. Stoneback has communicated with representatives of Northwestern University and there is no objection on the permanent removal of on street parking. Attachment: Ordinance 50-O-12 Memorandum 202 of 447 5/3/2012 50-O-12 AN ORDINANCE Amending City Code Section 10-11-8-(A), Schedule VIII(A), “Parking Prohibited at All Times,” to Prohibit Parking on the South Side of Lincoln Street from Sheridan Road to Campus Drive WHEREAS, the Illinois Municipal Code, 65 ILCS 5/11-80-2, authorizes the corporate authorities of the City of Evanston to regulate the use of streets and other municipal property; and WHEREAS, the Illinois Vehicle Code, 625 ILCS 5/11-208(a)1, permits local authorities to regulate the standing or parking of vehicles with respect to streets and highways; and WHEREAS, the City regulates street parking through various traffic schedules of City Code Title 10, Chapter 11; and WHEREAS, the City Council finds it to be in the best interests of the City and its residents to prohibit parking along a certain portion of Lincoln Street near the City’s water facility, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: Section 10-11-8-(A), Schedule VIII(A), “Parking Prohibited at All Times,” of the Evanston City Code of 1979, as amended, is hereby further amended by adding the following: Lincoln Street South Side, Sheridan Road east to Campus Drive 203 of 447 50-O-12 ~2~ 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: If any provision of this Ordinance 50-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 50-O-12 that can be given effect without the invalid application or provision, and each invalid application of this Ordinance 50-O-12 is severable. SECTION 5: This Ordinance 50-O-12 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 204 of 447 For City Council Meeting of May 29, 2012 Item A7 Ordinance 51-O-12: Prohibiting Parking During Certain Hours on Davis Street For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Rickey A. Voss, Parking/Revenue Manager Subject: Ordinance 51-O-12 Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 9, Prohibited Parking During Certain Hours, Schedule IX-(NN), and adding Schedule IX-(OO) of the Evanston City Code Date: May 22, 2012 Recommended Action: The Transportation/Parking Committee and staff recommend that the City Council approve Ordinance 51-O-12 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 9, Prohibited Parking During Certain Hours, Schedule IX- (NN), of the Evanston City Code, to delete Davis Street, Both Sides, Oak Avenue to Hinman Avenue and add Davis Street, Both Sides, Hinman Avenue to Chicago Avenue and Davis Street, Both Sides, Sherman Avenue to Oak Avenue. In addition add Schedule IX-(OO), Davis Street, Both Sides, Chicago Avenue to Sherman Avenue, Three o'clock (3:00) A.M. to Five o'clock (5:00) A.M. daily, no exceptions. Summary: In October 2011, staff was contacted by Alderman Wilson on parking issues surrounding the opening of the Tru Fit Gym, 610 Davis Street. Clients of the gym were finding it difficult to park on Davis Street in order to visit the gym prior to 6 a.m. Parking is currently prohibited from 3 a.m. – 6 a.m. and it was recommended that the prohibition be amended to 3 a.m. – 5 a.m. On February 6, 2012, staff met with Suzette Robinson, Director of Public Works, to discuss if the suggested change would have an adverse impact on street sweeping efforts in the 600 block of Davis. Ms. Robinson agreed to the time change. Ms. Robinson added that in order to insure that special clean-ups, such as snow after a declared emergency has ended, going forward we consider limiting such changes as the time window for these additional clean-ups are restricted to the hours of 3 a.m.– 6 a.m. and 3 a.m. – 5 a.m. and may have an affect on operations. On March 28, 2012, the Transportation/Parking Committee recommended approval of the time change. Memorandum 205 of 447 Currently there are two (2) other such areas in the core downtown area 1600 Sherman Avenue (LA Fitness) and 1700 Benson Avenue (Evanston Athletic Club). Attachment: Ordinance 51-O-12 206 of 447 5/3/2012 51-O-12 AN ORDINANCE Amending Certain Portions of City Code Section 10-11-9, Schedule IX, Parking “Prohibited at Certain Times,” Regarding Prohibited Parking on Davis Street WHEREAS, the Illinois Municipal Code, 65 ILCS 5/11-80-2, authorizes the corporate authorities of the City of Evanston to regulate the use of streets and other municipal property; and WHEREAS, the Illinois Vehicle Code, 625 ILCS 5/11-208(a)1, permits local authorities to regulate the standing or parking of vehicles with respect to streets and highways; and WHEREAS, the City regulates street parking through various traffic schedules of City Code Title 10, Chapter 11; and WHEREAS, the City Council finds it to be in the best interests of the City and its residents to amend the times when parking is prohibited along certain portions of Davis Street, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: Section 10-11-9, Schedule IX (NN), of the Evanston City Code of 1979, as amended, prohibiting parking “Three o’clock (3:00) A.M. to six o’clock (6:00) A.M. daily, no exceptions,” is hereby further amended by deleting the following: Davis Street Both Sides Oak Avenue to Hinman Avenue 207 of 447 51-O-12 ~2~ SECTION 2: Section 10-11-9, Schedule IX (NN), of the Evanston City Code of 1979, as amended, prohibiting parking “Three o’clock (3:00) A.M. to six o’clock (6:00) A.M. daily, no exceptions,” is hereby further amended by adding the following: Davis Street Both Sides Oak Avenue to Sherman Avenue Davis Street Both Sides Chicago Avenue to Hinman Avenue SECTION 3: Section 10-11-9, Schedule IX, of the Evanston City Code of 1979, as amended, prohibiting parking at certain times, is hereby further amended by adding the following Subsection: (OO) “Three o’clock (3:00) A.M. to five o’clock (5:00) A.M. daily, no exceptions. Davis Street Both Sides Chicago Avenue to Sherman Avenue SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: If any provision of this Ordinance 51-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 51-O-12 that can be given effect without the invalid application or provision, and each invalid application of this Ordinance 51-O-12 is severable. 208 of 447 51-O-12 ~3~ SECTION 7: This Ordinance 51-O-12 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 209 of 447 For City Council Meeting of May 29, 2012 Item A8 Ordinance 45-O-12: Authorizing the Sale of Surplus Fleet Vehicles For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Lonnie Jeschke, Manager Fleet Services Subject: Ordinance 45-O-12, Authorizing the Sale of Surplus Property Date: April 10, 2011 Recommended Action: Staff recommends the City Council approve Ordinance 45-O-12 authorizing the City Manager to publicly offer for sale various vehicles and equipment owned by the City through public auction. The vehicles and equipment are either presently out of service or will be, and are assigned to various divisions/departments within the City of Evanston. Funding Source: N/A Summary: The Fleet Services Division typically participates in two to three vehicle and equipment auctions per year in the Northern Illinois area. The auctions are provided on behalf of Obenauf Auctioneers Service, 118 North Orchard, Round Lake, Illinois 60073. This request authorizes the Fleet Division of Public Works to sell the vehicles and equipment listed in the table below through Obenauf Auction Services Live Auction on Saturday, June 19, 2012 at the Lake County Fairgrounds located at 1060 E. Peterson Road in Grayslake, Illinois 60030, or any subsequent Obenauf online internet auction to the highest bidder. All proceeds from the auction will be credited to account number 7705.56065, “Sale of Surplus Property.” Memorandum 210 of 447 Page 2 of 2 SURPLUS FLEET VEHICLES/EQUIPMENT Cost Center # Department Vehicle # Vehicle Make Vehicle Model Year V.I.N. # Overall Condition Status 7710 Start All Jump Starter 000 Fountain Industries 4055 01 Serial # 71495 Poor Out of Service 2210 E.P.D. Operations 58 Ford Crown Vic 2009 2FAHP71V79X145719 Totaled Out of Service 3807 Facilities Management 262 Ford Escape 2009 1FMCU02789KB77873 Totaled Out of Service 7400 Sewer Maint. 914 Ford F- 550 2001 1FDAF57F21ED79089 Poor Being Replaced 7400 Sewer Maint. 926 Large Dump Truck 1995 1FDZY82E2SVA19898 Very Poor Being Replaced 7115 Water Dist. 953 Comb. Backhoe- Loader 2005 TO310SG944239 Poor To be Retired & Not Replaced 1932 BPAT 400 Chevy Astro Van 1996 1GNDM19W0TB121601 Very Poor To be Retired & Not Replaced 2115 C.D. Inspections 813 Ford Ranger 1999 1FTYR14X1XPB57236 Poor To be Retired & Not Replaced Legislative History: N/A Attachments: Ordinance 45-O-11: Authorizing the Sale of Surplus Fleet Vehicles Owned by the City of Evanston (Obenauf Auction Service Municipal Equipment Auction) 211 of 447 4/11/2012 45-O-12 AN ORDINANCE Authorizing the Sale of Surplus Fleet Vehicles Owned by the City of Evanston (Obenauf Auction Service Municipal Equipment Auction) WHEREAS, the City Council of the City of Evanston has determined that it is no longer necessary, practical, or economical for the best interest of the City to retain ownership of certain surplus fleet vehicles that have an aggregate value in excess of one thousand, five hundred dollars ($1,500.00) and are described in Exhibit A, which is attached hereto and incorporated herein by reference; and WHEREAS, the City Council has determined that it is in the best interest of the City of Evanston to sell said surplus fleet vehicles to the highest bidder, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: Pursuant to Subsection 1-17-3-(B) of the Evanston City Code of 1979, as amended, the City Council hereby authorizes and directs the City Manager to sell the aforementioned surplus fleet vehicles, upon terms and conditions he deems reasonable, necessary, and in the best interests of the City, to the highest bidder at the Obenauf Auction Service Municipal Vehicles & Equipment Auction to be held on June 19, 2012 at the Lake County Fairgrounds Facility located at 1060 E. Peterson Road in Grayslake, Illinois, 60030, or at any subsequent Obenauf online auction. 212 of 447 45-O-12 ~2~ SECTION 3: Upon payment of the price indicated by the Obenauf Auction Service, the City Manager is hereby authorized to convey evidence of ownership of aforesaid surplus personal fleet vehicles to the Obenauf Auction Service. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 213 of 447 45-O-12 ~3~ EXHIBIT A Surplus Fleet Vehicles/Equipment Cost Center # Division Vehicle # Vehicle Make Vehicle Model Year V.I.N. Overall Condition Status 7710 Start-All JumpStarter 000 Fountain Industries 4055 01 Serial # 71495 Poor Out of Service 2210 EPD 58 Ford Crown Vic 2009 2FAHP71V79X145719 Totaled Out of Service 3807 Facilities 262 Ford Escape 2009 1FMCU02789KB77873 Totaled Out of Service 7400 Utilities 914 Ford F-550 2001 1FDAF57F21ED79089 Poor Being Replaced 7400 Utilities 926 Large Dump Truck 1995 1FDZY82E2SVA19898 Very Poor Being Replaced 7115 Utilities 953 Combo Backhoe- Loader 2005 TO310SG944239 Poor To be Retired & Not Replaced 1932 BPAT 400 Chevy Astro Van 1996 1GNDM19W0TB121601 Very Poor To be Retired & Not Replaced 2115 C&ED Inspections 813 Ford Ranger 1999 1FTYR14X1XPB57236 Poor To be Retired & Not Replaced 214 of 447 For City Council meeting of May 29, 2012 Item A9 Ordinance 54.O-12: Lease Agreement with League of Women Voters For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Douglas J. Gaynor, Director, Parks, Recreation and Community Services Paul D’Agostino, Superintendent, Parks/Forestry Subject: Ordinance 54-O-12 Authorizing the Lease Agreement with the League of Women Voters of Evanston Date: May 15, 2012 Recommended Action: Staff recommends City Council approval of Ordinance 54-O-12 authorizing the City Manager to negotiate and execute the lease agreement with the League of Women Voters of Evanston for lease of Room 1030 in the Civic Center. Funding Source: N / A Summary: The current lease with the League of Women Voters of Evanston, for the office space on the first floor of the Lorraine H. Morton Civic Center, will expire on May 31, 2012. This leased space is utilized for the business activities of the League. The attached Ordinance is for a new three-year lease from June 1, 2012 to May 31, 2015 with an annual rent increase of 2% each of the three years. The current monthly rent paid by the LWV is $214. This renewal will increase the rent to $218 per month for the first year, $222 for the second year, and $226 for the third year. The City will receive a total of $7992 in rent for the space. Alternatives: N / A Attachments: Ordinance 54-O-12 Proposed Lease Agreement Memorandum 215 of 447 5/3/2012 54-O-12 AN ORDINANCE Authorizing the Lease of Certain Room Space on the First Floor of the Lorraine H. Morton Civic Center (Room 1030) to the League of Women Voters of Evanston from June 1, 2012 through May 31, 2015 WHEREAS, the City of Evanston (the “City) owns certain real property legally described as follows: PARCEL 1 Lot 1 (except the South 33 feet) thereof in Academy’s Subdivision of a part of Lot 19 in the Assessors Division of Section 7, Township 41 North, Range 14, east of the Third Principal Meridian, according to the plat of said Subdivision recorded June 2, 1897, in Book 72 of plats, page 36 as Document 2546204. PARCEL 2 Lots 1 to 18 (except the South 33 feet of said Lots 2 and 18) in Academy's Subdivision of part of Lot 19 in the Assessor's Division of fractional Section 7, Township 41 North, Range 14, East of the Third Principal Meridian, according to the plat of said subdivision recorded June 29, 1900, in book 78 of plats, page 48 as Document 2980315. PARCEL 3 All of the North and South 20 foot vacated alley lying West of and adjoining Lot 1 in Academy's subdivision aforesaid also all of the East and West 16.9 foot vacated alley lying between Lots 9 and 10 in Academy’s Subdivision aforesaid all in Cook County, Illinois, commonly known as 2100 Ridge Avenue, Evanston, Illinois; and WHEREAS, said real estate is improved with a five-story building known as the Lorraine H. Morton Civic Center (the “Civic Center”); and WHEREAS, the League of Women Voters of Evanston (the “League”) currently leases from the City certain first floor room space, commonly known as room 216 of 447 54-O-12 1030, in the Civic Center, and the League desires to continue leasing said room space; and WHEREAS, the City Council has determined that it is in the best interests of the City to negotiate and execute a three (3)-year lease agreement for said room space with the League, 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 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, the lease agreement, by and between the City, as lessor, and the League, as lessee, for the first-floor room space in the Civic Center, in accordance with the rental schedule and terms provided in the lease agreement. The lease agreement shall be in substantial 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 on the Lease of aforesaid room space as may be determined to be in the best interests of the City. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: If any provision of this Ordinance or application thereof to 217 of 447 54-O-12 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: 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. SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Ayes: ______________ Nays: ______________ Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: _________________________, 2012 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 218 of 447 54-O-12 EXHIBIT A Lease between the City of Evanston and the League of Women Voters for the Lorraine H. Morton Civic Center, Room 1030, from June 1, 2012 through May 31, 2015 219 of 447 54-O-12 LEASE BETWEEN THE CITY OF EVANSTON AND THE LEAGUE OF WOMEN VOTERS FOR THE LORRAINE H. MORTON CIVIC CENTER, ROOM 1030 FROM JUNE 1, 2012 THROUGH MAY 31, 2015 T E R M O F L E A S E DATE OF LEASE: BEGINNING ENDING ANNUAL RENT June 1, 2012 May 31, 2015 $218.00/month in Year 1 running June 1, 2012 – May 31, 2013 $222.00/month in Year 2 running June 1, 2013 – May 31, 2014 $226.00/month in Year 3 running June 1, 2014 – May 31, 2015 DEMISED PREMISES: Room 1030 2100 Ridge Avenue Evanston, Illinois 60201 PURPOSE: Utilization of vacant office space in the Lorraine H. Morton Civic Center by the League of Women Voters of Evanston for conduct of official business. LESSEE: League of Women Voters of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 LESSOR: City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 IN CONSIDERATION of the agreements herein stated, LESSOR hereby leases to LESSEE Room 1030 of the Lorraine H. Morton Civic Center consisting of one hundred three (103) square feet, to be used for the business activities of the LESSEE subject to the conditions stated herein. 1. The LESSEE shall pay or cause to be paid the rent above stated to the LESSOR, said rent to be due and payable one month in advance, by the first calendar 220 of 447 54-O-12 day of each month. Said rent shall be paid at the office of the LESSOR, Facilities Management Department, Room 1450, 2100 Ridge Avenue, Evanston, Illinois 60201. 2. This is a lease renewal. Lessee knows the condition of said demised premises, acknowledges the same to be in good order and repair, and acknowledges that no representations as to the condition and repair thereof have been made by the LESSOR or its agent at any time that are not expressed herein or herein endorsed. 3. LESSOR will at all reasonable hours during each day and evening, from October 1st to May 31st, during the term, when required by the season, furnish at its own expense heat for the heating apparatus in the demised premises, except when prevented by accidents and unavoidable delays, provided, however, that the LESSOR shall not be held liable in damages on account of any personal injury or loss occasioned by the failure of the heating apparatus to heat the premises sufficiently, by any leakage or breakage of the pipes, by any defect in the electric wiring, elevator apparatus and service thereof, or by reason of any other defect, latent or patent, in, around, or about the said building. LESSOR will air-condition the premises between June 1st and September 30th. 4. LESSOR will cause the halls, corridors and other parts of the building adjacent to the demised premises to be lighted, cleaned and generally cared for, accidents and unavoidable delays excepted. 5. LESSEE shall comply with such rules and regulations as may later be required of it by LESSOR for the necessary, proper, and orderly care of the Lorraine H. Morton Civic Center building in which the demised premises are located. 6. LESSEE shall neither sublet the demised premises or any part thereof, 221 of 447 54-O-12 assign, nor otherwise transfer this Lease nor permit by any act or default any transfer of LESSEE'S interest by operation of law, nor offer the demised premises or any part thereof for lease or sublease, nor permit the use thereof for any purpose other than as above mentioned, without in each case the prior written consent of LESSOR. 7. No modifications, alterations, additions, installations, or renovations including decorating shall be undertaken by the LESSEE without first obtaining the written permission from the LESSOR. The cost of all alterations and additions, etc. to said demised premises shall be borne by the LESSEE and all such alterations and additions shall remain for the benefit of the LESSOR. In the event uniform window treatment is required by LESSOR, LESSOR shall supply and install materials at LESSOR'S expense. 8. LESSEE shall return the demised premises to LESSOR at the termination of the lease with glass of like kind and quality in the several doors and windows thereof, entire and unbroken, shall not allow any waste or misuse, and will not neglect the water or light fixtures on the demised premises; LESSEE shall compensate other tenants of the building for damage caused by Lessee’s misuse, waste or neglect. 9. At the termination of the Lease, by lapse of time or otherwise, LESSEE agrees to yield up immediate and peaceable possession to LESSOR, and failing so to do, to pay as liquidated damages, for the whole time such possession is withheld, the sum of two hundred and no/100 dollars ($200.00) per day, and it shall be lawful for the LESSOR or his legal representative at any time thereafter, without notice, to re-enter the demised premises or any part thereof, and to expel, remove and put out the LESSEE or any person or persons occupying the said premises, using such force as 222 of 447 54-O-12 may be necessary so to do, and to repossess and enjoy the premises again as before this Lease, without prejudice to any remedies which might otherwise be used for arrears of rent or breach of covenants; or in case the said premises shall be abandoned, deserted, or vacated, and remain unoccupied five (5) days consecutively, the LESSEE hereby authorizes and requests the LESSOR as LESSEE'S agent to re-enter the premises and remove all articles found therein, regardless of ownership, place them in some regular storage warehouse or other suitable storage place for no more than forty- five (45) days, at the cost and expense of LESSEE, and proceed to re-rent the said premises at the LESSOR'S option and discretion and apply all money so received after paying the expenses of such removal toward the rent accruing under this Lease. This request shall not in any way be construed as requiring any compliance therewith on the part of the LESSOR. If the LESSEE shall fail to pay the rent at the times, place and in the manner above provided, and the same shall remain unpaid five (5) business days after the day whereon the same should be paid, the LESSOR by reason thereof shall be authorized to declare the term ended, and the LESSEE hereby agrees that the LESSOR, his agents or assigns may begin suit for possession or rent. 10. In the event of re-entry and removal of the articles found on the premises and personally owned by LESSEE or others as herein provided, the LESSEE hereby authorizes and requests the LESSOR to sell the same at public or private sale within fifteen (15) days notice, and the proceeds thereof, after paying the expenses of removal, storage and sale to apply towards the rent reserved herein, rendering the overplus, if any, to LESSEE upon demand. 223 of 447 54-O-12 11. At the termination of this Lease by lapse of time or otherwise, Lessee shall leave the demised premises in broom clean condition and shall turn over any and all keys to the City Manager. Lessee shall pay Lessor for any damages to the leased premises beyond normal wear and tear and shall do so within thirty (30) days of invoicing therefor by the City. 12. In the event that the LESSOR, his successors, attorneys or assigns shall desire to regain the possession of the demised premises herein described for any reason, LESSOR shall have the option of so doing upon giving the LESSEE sixty (60) days notice of LESSOR'S election to exercise such option. 13. Only those signs, posters and bulletins expressly permitted by LESSOR shall be allowed in and around the building containing the demised premises. This condition shall include, but not be limited to, signage, posters, or announcements relating to any election, candidates for public office, or other matters of public interest. 14. The LESSOR will at its cost supply electric lighting, cleaning and general maintenance of the demised premises and adjoining stairwells and access corridors. The cleaning of said premises shall be conducted on the same schedule and in the same scope and manner as with other City offices, during hours which will not unreasonably interfere with the conduct of business. 15. Access to the building and the demised premises during periods other than regular business hours, by the LESSEE, his agents or employees shall be allowed only to the demised premises and the corridors and stairwells required for access thereto, and only to those persons who have been designated in writing by the LESSEE and approved by the LESSOR. 224 of 447 54-O-12 16. All applicable laws, and ordinances, and City policies concerning political activities and electioneering shall be observed by the LESSEE in and around the demised premises. 17. The provisions of the Municipal Code of the City of Evanston concerning the consumption and use of alcoholic beverages are hereby incorporated by reference and made a part of this lease. 18. The LESSEE agrees that there shall be no unrefrigerated food stored on the leased premises, and that no refrigerator of a capacity greater than six (6) cubic feet, or stoves or other appliances for the preservation or preparation of food, other than a coffee pot or device for warming water for beverage preparation, shall be installed or otherwise maintained on the premises. 19. LESSEE shall, during the entire term hereof, keep in full force and effect a Comprehensive General liability policy in the amount of one million and no/100 dollars ($1,000,000.00) with respect to the leased premises, with provisions acceptable to Lessor, and the activities of LESSEE in the leased premises. LESSEE shall furnish copies of a Certificate of Insurance with the LESSOR/OWNER named as an additional insured with an insurance company acceptable to the LESSOR. The LESSEE shall furnish, where requested, a certified copy of the policy(s) to the LESSOR. The policy(s) shall provide, in the event the insurance should be changed or cancelled, such change or cancellation shall not be effective until thirty (30) days after the LESSOR has received written notice from the insurance company(s). An insurance company having less than an A- Policyholder’s Rating by the Alfred M. Best Company will not be 225 of 447 54-O-12 considered acceptable. LESSEE shall also insure the following indemnity provisions, and such agreement shall be clearly recited in the body of the Certificate of Insurance: LESSEE hereby agrees to indemnify, protect and save LESSOR safe and harmless against all claims, actions, or causes of action resulting from loss, damage, or injury to any person or persons or property caused by, connected with, or resulting from LESSEE’s operations on the leased premises or any activities by LESSEE’s agents, servants, employees, or invitees thereon. In the event of any conflict between the language of the insurance policy(s) and the above-recited indemnity provisions, the indemnity provision shall govern. If requested by the LESSOR, the LESSEE at its own expense, cost, and risk shall defend and pay all costs, including attorney's fees, of any and all suits or other legal proceedings that may be brought or instituted against the LESSOR, or any such claim or demand, and pay and satisfy any judgment that may be rendered against them in any such suit or legal proceeding or the amount of any compromise or settlement that may result therefrom. Notwithstanding any of the foregoing, LESSEE has no obligation to defend or indemnify LESSOR in or for any claim or action against LESSOR alleging negligence or gross negligence. 20. The Lease is executed in Evanston, Illinois. The laws of Illinois shall be applicable in the event of a dispute between Lessor and Lessee. Venue shall be in Cook County, Illinois. The parties waive trial by jury. 21. Notices given or required under this Lease shall be sent to the City in care of the Facilities Management Department and to the League of Women Voters. A mailed notice must be sent by first class mail, return receipt requested and is effective five (5) days after deposit in the U.S. Mail. Notice given by personal delivery is effective upon delivery. 226 of 447 54-O-12 22. The persons whose names are subscribed below on behalf of the Lessor and Lessee represent and warrant that they are properly authorized to execute this Lease on behalf of their respective parties. WITNESS the hands and seals of the parties hereto, as of the date of this Lease stated above. LESSOR: LESSEE: City of Evanston League of Women Voters of Evanston By: ____________________________ By: _______________________________ Wally Bobkiewicz, City Manager _______________________________ ATTEST: Typed Name _______________________________ By: ____________________________ Title Rodney Greene, City Clerk Date: _____________________, 2012 Date: ________________________, 2012 Approved as to form: W. Grant Farrar, Corporation Counsel E N D O F D O C U M E N T 227 of 447 For City Council meeting of May 29, 2012 Item A10 Ordinance 59-O-12: Class S Liquor License for Ward Eight 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 59-O-12, Increasing the Number of Class S Liquor Licenses to Permit Issuance to Ward Eight, LLC Date: May 17, 2012 Recommended Action: The Local Liquor Commissioner recommends adoption of Ordinance 59-O-12. Funding Source: N/A Summary: Ordinance 59-O-12 amends Subsection 3-5-6-(S) of the Evanston City Code of 1979, as amended, to increase the number of Class S liquor licenses from 0 to 1 to permit issuance to Ward Eight, LLC, 629 Howard Street. Ward Eight, LLC member Anne Carlson completed the application for a Class S liquor license and provided proof of Surety Bond and Liquor Liability Insurance. Ms. Carlson has provided proof of successful BASSETT training for her and Ward Eight, LLC member Cody Modeer, and background checks of Ms. Carlson and Mr. Modeer revealed no criminal record. The City has received payment of the annual Class S liquor license application fee. Legislative History: On May 16, 2012, the Liquor Control Review Board met and voted to recommend an increase in the number of Class S liquor licenses to permit issuance to Ward Eight, LLC. Attachments: Ordinance 59-O-12 Minutes of May 16, 2012 meeting of the Liquor Control Review Board Memorandum 228 of 447 5/17/2012 59-O-12 AN ORDINANCE Amending City Code Section 3-5-6-(S) to Increase the Number of Class S Liquor Licenses from Zero to One (Ward Eight LLC, 629 Howard Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-5-6-(S) of the Evanston City Code of 1979, as amended, is hereby further amended by increasing the number of Class S liquor licenses from zero (0) to one (1), to read as follows: (S) CLASS S licenses, which shall authorize the retail sale in combination restaurant/package stores of alcoholic liquor in the restaurant area and alcoholic liquor in the package store area. Sales of alcoholic liquor in the restaurant area of the licensed premises shall be for consumption on the premises where sold. No class S license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-5-1 of this Chapter. It shall be unlawful for any person licensed hereunder to sell "alcoholic liquor" at a "bar", as defined in Section 3-5-1 of this Chapter, except to persons attending a reception or party not open to the public. Alcoholic liquor may be sold in restaurants holding class S licenses only during the period when their patrons are offered a complete meal. Class S licenses authorize retail sales of alcoholic liquor in original packages to persons of at least twenty-one (21) years of age in the retail package store area of the licensed premises, for consumption off the premises. Each class S license shall be subject to the following conditions: 1. The class S licensee must sell alcoholic liquor in the restaurant area and alcoholic liquor in original packages in the package store area in accordance with the class S license provisions and restrictions. The class S license requires the licensee to operate both the restaurant and retail package areas. 229 of 447 59-O-12 ~2~ 2. The sale of alcoholic liquor in its original package shall be confined to an area which is separated by a full enclosure or full partition with a controlled access to and from the restaurant area. The retail package area shall be accessed only through the restaurant. 3. It shall be unlawful for a class S licensee to sell a single container of wine unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 4. It shall be unlawful for a class S licensee to sell a single container of beer unless the volume of the container is greater than forty (40) ounces or 1.18 liters. 5. It shall be unlawful for a class S licensee to sell a single container of alcoholic liquor, except wine and beer which are regulated by Subsections (S)3 and (S)4 of this section, unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 6. Items purchased in the retail package area in original packages are not to be consumed in the restaurant area. 7. It shall be unlawful for a class S licensee to consummate the sale of alcoholic liquor in original packages except solely within the area set forth in Subsection 2., above, and with a cash register designated as for the sale of such alcoholic liquor, which cash register is operated by a person of at least twenty-one (21) years of age. 8. Class S licensees shall sell alcoholic liquor in the restaurant area only during the hours set forth in Section 3-5-9 of this Chapter. 9. The sale of alcoholic liquor at retail pursuant to the class S license may begin after eight o'clock (8:00) a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the hour of twelve midnight on any day. 10. Class S license fees are as follows: The annual single-payment fee for initial issuance or renewal of such license shall be .....$7,500.00 The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-5-7 of this Chapter, shall be ..... 7,875.00 230 of 447 59-O-12 ~3~ No more than zero (0) one (1) such licenses shall be in force at any one (1) time. SECTION 2: This Ordinance 59-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 59-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. Introduced: _________________, 2012 Adopted: ___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 231 of 447 232 of 447 233 of 447 234 of 447 235 of 447 236 of 447 237 of 447 238 of 447 239 of 447 240 of 447 241 of 447 242 of 447 243 of 447 244 of 447 245 of 447 246 of 447 247 of 447 248 of 447 249 of 447 250 of 447 251 of 447 252 of 447 253 of 447 FINAL Page 1 of 1 Liquor Control Board MEETING MINUTES Liquor Control Board Wednesday, May 16, 2012 1:00 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Marion Macbeth, Richard Peach, Byron Wilson and Elizabeth Tisdahl Members Absent: Patrick Hughes Staff Present: W. Grant Farrar, Johanna Nyden and Wendy McCambridge Others Present: Anne Carlson (Ward Eight), Cody Modeer (Ward Eight), Bob Seidenberg (Evanston Review) Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor Call to Order The Local Liquor Control Commissioner Tisdahl called the meeting to order at 1:32 p.m. All attendees introduced themselves and roles related to the meeting. NEW BUSINESS Ward Eight Ward Eight, LLC dba Ward Eight, 629 Howard Street, Evanston, IL 60202 owners Anne Carlson and Cody Modeer were present. Ms. Carlson and Mr. Modeer explained the basic business plan to open a small café and retail establishment. Small plates and bar food will be available to complement the craft beer, wine and alcohol served. Purchase of the alcohol at retail will be available. The retail offerings will be limited and stored behind the bar. The Local Liquor Control Commissioner asked the members if there were any concerns over Ms. Carlson and Mr. Modeer’s request. No concerns were voiced. The board recommends issuing a Class S Liquor License to be introduced at the City Council meeting on May 29, 2012. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor at 1:38 p.m., May 16, 2012. Respectfully Submitted, Wendy McCambridge Administrative Adjudication/Liquor Licensing Manager, Legal Department 254 of 447 To: Honorable Mayor and Members of the City Council Members of the Administration and Public Works Committee From: Steve Griffin, Director Community and Economic Development Nancy Radzevich, Economic Development Division Manager Paul Zalmezak, Economic Development Coordinator Subject: Dempster Dodge TIF District Designation Date: May 22, 2012 Recommended Action: Staff recommend City Council adoption of the following ordinances to designate the proposed Dempster Dodge TIF District as outlined in the state statute 65 ILCS 5/11- 74.4 – Tax Increment Allocation Redevelopment Act. Suspension of the Rules is requested to allow Introduction and Action on May 29, 2012 to implement the TIF under the 2010 assessed values. (A11) Ordinance 55-O-12 Approving a Tax Increment Redevelopment Plan and Redevelopment Project for the Dempster/Dodge Redevelopment area (“TIF Plan”) (A12) Ordinance 56-O-12 Designating the Dempster/Dodge Redevelopment Project Area of the City of Evanston a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act (“TIF District”) (A13) Ordinance 57-O-12 Adopting Tax Increment Allocation Financing for the Dempster/Dodge Redevelopment Project Area Background As summarized in the attached Redevelopment Plan, the City has two fundamental goals in pursuing the designation of the Dempster/Dodge TIF District. The first is to promote redevelopment of the area to improve occupancy levels at Evanston Plaza (one of the largest retail establishments in Evanston) in coordination with a new owner. The second goal is to further the City’s overall economic development program and thereby diversify and expand its tax base. The designation of a TIF district is now under consideration to help facilitate the attraction of quality businesses to reoccupy the vacant spaces in the near term. Longer term, the TIF could be used to leverage a more significant redevelopment of the site subject to market conditions and community planning processes. Memorandum For City Council meeting of May 29, 2012 Items A11 to A13 Ordinances Designating the Proposed Dempster Dodge TIF District For Introduction and Action 255 of 447 The proposed Dempster/Dodge TIF District area is composed of a single parcel, shopping center located at the southwest corner of the intersection of Dempster Street and Dodge Avenue. (See Attachment “A”) Evanston Plaza was initially developed in 1987 on the site of a former metal plating industrial site. At first, the shopping center experienced some success with anchors that included Frank’s Nursery & Crafts, Fretters, and Phar-Mor. All three of these companies eventually went out of business, resulting in the closing of their operations at Evanston Plaza. As anchor tenants left the center, small store tenancy struggled as well. Joseph Freed & Associates (“Freed”) bought the center in 1998 for $5.9 million. Freed’s redevelopment included the renovation of a portion of a former Office Depot store and the entirety of a former Toys“R”Us store into a 57,950 square foot Dominick’s grocery store. Other improvements to the property included installation of additional landscaping, improving the lighting, resurfacing of the parking lot, and adding new pylon signs. Freed also incurred significant environmental remediation costs in the southwest corner of the parking lot to address existing soil contamination issues. An additional 19,211 square foot “out” building was built on the northeast corner of the site in 2002. By October 2009, however, Bank of America declared Freed in default on its loan for the shopping center, and the property was placed in the care of a court- appointed receiver. In December 2010, TJX, the parent company of AJ Wright announced that it would be closing local stores, including its Evanston Plaza location, by mid-February of 2011 – contributing to the continuing increased vacancy rate at this site. In December 2011, the shopping center was purchased by Bonnie Management and WHI Real Estate Partners LLC for $8.1 million. Despite its location at the busy intersection of Dodge and Dempster, this shopping center has faced chronic vacancies over the last decade. The parcel is of strategic importance to the City of Evanston, and particularly the west side community in terms of retail sales tax, jobs, neighborhood convenience, and quality of life. With the recent acquisition of the property by Bonnie Management, there is a committed private sector partner in place to foster the revitalization of this shopping center. The designation of a TIF district is now under consideration to help facilitate the attraction of quality businesses to reoccupy the vacant spaces in the near term. Longer term, the TIF could be used to leverage a more significant redevelopment of the site subject to market conditions and community planning processes. Summary Overview of Public Hearing The City of Evanston convened a public hearing for the proposed Dempster/Dodge TIF District on May 14, 2012. The public hearing was designed to allow for public comment on the draft City of Evanston TIF Redevelopment Plan Dempster/Dodge TIF District, on file with the City Clerk. (See plan attached to Ordinance 55-0-12) After opening of the public hearing by the Mayor, the City’s TIF consultants, Kane McKenna Associates (KMA) explained the summary of public notices and conformance with the TIF Act requirements for the public hearing. This was followed by a report by Alderman Tendam, the Chairman of Joint Review Board, on their April 12, 2012 public 256 of 447 hearing and subsequent recommendation. (See Attachment “B”). The City Clerk reported that no written comments were received. Following these brief reports, KMA and City staff provided a more detailed overview of the draft Dempster/Dodge TIF Plan. The City Council asked several questions – specifically seeking additional information on the eligibility findings and asking for examples of any similar TIF Districts that: 1) include a single parcel/owner and 2) support revitalization of an existing use versus redevelopment activities associated with a change of use. Members of the City Council also expressed disappointment that the TIF report was not necessarily a “plan” for catalyzing development on the west side, but instead was more of “tool” for redevelopment. The follow section and attached report from KMA provide responses to these specific questions and concerns. Prior to the close of the hearing, the Mayor called for public comments; only one person signed up to speak, an Evanston resident who expressed his opposition to the Plan and TIF District. Supplemental Information from Public Hearing As mentioned above, the City Council requested KMA and staff: • Provide more specific information about the eligibility findings (e.g. deleterious layout, inadequate utilities) for the proposed TIF designation; • Identify other examples of single parcel/owner TIF Districts, which support revitalization of an existing use versus redevelopment activities associated with a change of use. and • Provide more explanation as to why the TIF Plan lacks an action plan for catalyzing development on the west side. In response to these questions, KMA has provided a supplemental memorandum that responds to the questions/concerns raised at the public hearing (Attachment “C”). Staff has summarized their response and provided some additional information as follows: Summary of TIF Factors and Redevelopment Area As required by the TIF Act, five eligibility factors are needed to qualify the area as “blighted.” KMA determined that six factors are present at the Dempster/Dodge site: 1) lagging EAV; 2) Excessive Vacancies; 3) Obsolescence; 4) Deleterious land use/layout; 5) Environmental Remediation; and 6) Inadequate Utilities. KMA’s attached response summarizes the TIF statute language, and the data supporting the findings. Data was obtained from city staff, engineers, Cook County Assessor, and current owners. The City Council requested specific information about the inadequate utilities findings. According to Dave Stonebeck, Director of Utilities, the 700 feet of 36-inch diameter brick sewer on Dodge Avenue from Dempster to Crain is over 100 years old and therefore constituted as antiquated under the TIF statute. The conditions resulting in the Obsolescence and Deleterious land use / layout factors are not as easily quantifiable with data, but are based on professional experience and field work. It is evident that the shopping center as a whole is of a size that puts it in an “in between” category. It serves as a neighborhood shopping center, but has the 257 of 447 square footage of a larger community shopping center. Given the current retail trends, particularly with larger regional and national retailers, this factor puts the center at a disadvantage when corporate site selectors evaluate locations – this is one factor that contributes to both its market obsolescence and its deleterious layout. According to the International Council of Shopping Centers (Attachment “D”), a neighborhood shopping center is typically a straight-line strip, anchored by a supermarket supported by stores offering health related products, pharmaceuticals, snacks, and personal services. This type of center is in the range of 30,000 to 150,000 sq ft. A community shopping center on the other hand is typically L shaped, in the range of 100,000 to 350,000 sq ft, and has two or more anchors. The community shopping center has a three to six mile trade area, while a neighborhood center draws from up to three miles. The trade area is relevant because a number of new shopping centers have opened and/or expanded since the Evanston Plaza shopping center opened in 1987. For example, both the Howard Hartrey shopping center and Main Street Commons opened, Old Orchard has expanded and remodeled and Downtown Evanston has become a significant retail and restaurant draw. Lincolnwood Town Center was also remodeled during this timeframe. These shopping centers are all well within the Dempster/Dodge trade area. Evanston Plaza also has a number of larger spaces (i.e. “big box” / “medium box”) that are harder to lease in this competitive trade area. The trend nationally is a shrinking overall store footprint, partially driven by the growth of internet-based retailing. The tenants also need modernized/updated upgraded utilities. The modified L shape of the shopping center provides poor sightlines from Dempster and Dodge to the storefronts in the southwest corner of the property. These represents the obsolescence, but is also reflects the deleterious nature of the layout. Other deleterious aspects are also present. The construction of the 19,000 sq. ft. outlot building further impedes the views to the retailers in the southwest corner of the site. Due to the site layout, ingress and egress for loading along the west and south of the property is difficult in a tight space – trucks need to perform a tight “S” turn to unload goods to the businesses at the southwest corner. Further, the trucks leaving the shopping center, to head south on Dodge, are also forced to navigate through a narrow area at the southern perimeter of the site. Finally, specifically related to ingress/egress, it is difficult for both patrons to execute a left turn from the parking lot onto Dempster and trucks leaving the shopping center from the alley , westbound, while avoiding pedestrians and patrons of the shopping center. Sample Single Parcel/Single User TIF Districts KMA conducted research in response to the City Council’s questions about the perceived unusual nature of a proposed TIF District established for a single parcel, which does not immediately anticipate change of use. Attached is a table summarizing Kane McKenna’s findings. (Attached “E”) 258 of 447 As demonstrated by these examples, it is not uncommon in the Chicago area to utilize TIF to in the way proposed for Dempster Dodge. In all cases, as is required by the state statute, the TIF districts were created based on the “but for” test. If not for the creation of the TIF districts, the revitalization of the properties would not occur. The Dempster Dodge TIF district is proposed for the same reason. Without the use of the TIF financing, the revitalization of the center with the types of tenants that will maximize the property value, taxes, and/or job creation will not occur. Pressure from competing shopping centers within Evanston Plaza’s trade area – which are modern and/or currently have a more secure complementary retail base – will continually result in high vacancies in this shopping center or, perhaps re-tenanting of the spaces with non-retail or low-level uses. This will not create the retail/service mix demanded by area residents, nor will it drive increased property or sales tax revenues. TIF Plan vs. Comprehensive/Neighborhood Plans In response to the City Council’s concerns about the lack of specificity in the plan, it is important to point out that TIF is an economic development tool and not a plan in and of itself. The TIF Redevelopment Plan is technical in nature based on specific state statute requirements and, as such, is designed to serve as a general guideline, providing the City flexibility in the redevelopment process over the life of the TIF (23 years). TIF Redevelopment Plans are designed to be a framework plan because there are too many unknown factors – market conditions, change in property ownership, changing interest rates/banking priorities, etc. – that can impact redevelopment opportunities, challenges, and priorities over the 23 year timeframe. The format of the TIF plan is guided by specific technical requirements identified in the State of Illinois TIF statute and doesn’t necessarily reflect the style of plans decision makers and/or members of the public are accustomed to. However, staff recognizes the importance of supplementing the TIF Plan and resulting TIF financing proposals with: 1) Area or corridor studies specific to Dempster/Dodge Plaza and/or Dodge Street corridor; 2) Linkages to the City’s Comprehensive Plan; 3) Conformance with zoning and/or other City codes (signage, landscaping, etc.); 4) Community input; and 5) Redevelopment agreements with the property owner that balance the developer’s proposed redevelopment plans with the City’s goals and priorities. TIF financing can leverage the efforts identified in these plans. The futures of Evanston Plaza and the surrounding area are inextricably linked. Revitalization of the shopping center can only happen if there is congruent revitalization of the adjacent business area. Therefore, the revitalization efforts for Evanston Plaza should include the surrounding area – particularly the areas within the West Evanston TIF. In order to fully leverage this economic development tool, it must be used comprehensively, across the entire business area. Legislative History: April 12, 2012 and the Joint Review Board unanimously approved an advisory, non- binding recommendation to the City Council to adopt a resolution designating the Dempster Dodge Redevelopment Plan and Redevelopment Project. The City Council fulfilled the obligations of the TIF Act by convening a public hearing on May 14, 2012. 259 of 447 Attachments: Attachment A - Proposed Dempster/Dodge TIF District Map Attachment B - Resolution & Recommendation of the Joint Review Board Attachment C - Kane McKenna response to City Council / Public Hearing Questions Attachment D - ICSC Shopping Center Definitions 260 of 447 Proposed Dempster/Dodge TIF Boundary DISCLAIMER: This map and data are provided as-in without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information Scale 1:3,422 Made with Evanston's GIS Printed: May 7, 2012 6:31:52 PM261 of 447 262 of 447 263 of 447 150 North Wacker Drive T 312.444.1702 Suite 1600 F 312.444.9052 Chicago, Illinois 60606 MEMO TO: Nancy Radzevich FROM: Kane, McKenna and Associates, Inc. RE: Dempster/Dodge TIF Clarification Points DATE: May 22, 2012 I. Summary of TIF Factors and Redevelopment Area Finding TIF Act Language Data to Support Finding Remarks Lagging EAV TIF EAV must lag City- wide EAV or CPI 3 of 5 years Cook County Assessor Data. EAV lags relative to City in four of five years and the factor is present. Excessive Vacancies Buildings that are unoccupied or under- utilized; adverse influence due to frequency, extent or duration Owner data on vacancy by square feet; site survey by KMA staff confirming vacancy. 48% vacancy rate is high relative to normal 10-20% benchmark for retail vacancies in Chicago area. Duration of vacancies unusually long (e.g. Frank’s Nursery). Obsolescence Condition or “process” of falling into disuse Vacancy and lagging EAV data above support finding, as well as owner representations as to obsolescence and Kane, McKenna review. The properties reflect disuse due in part to outdated design, market conditions, and tenant requirements. Said requirements include upgraded electric and potential IT service. Deleterious land use or layout Incompatible land-use relationships or layouts Data usually based on review of existing uses/historical pattern of development versus modern uses/new construction. Example: existing outlot building poorly sited and impinges on visibility of other retail stores. Narrow loading in rear and original layout (storefront depths, storefront visibility, and sq. ft. unfavorable due in part to outlot location). Would not be built this way if built today. Also, new tenant types now seek scaled down building space with 264 of 447 150 North Wacker Drive T 312.444.1702 Suite 1600 F 312.444.9052 Chicago, Illinois 60606 enhanced electric utilities.** Finding TIF Act Language Data to Support Finding Remarks Environmental remediation Area has incurred remediation costs per the TIF Act requirements. Prior owner incurred costs for environmentally “engineered barrier”; Illinois IEPA letter on file pertaining to No Further Remediation (NFR letter). The need to leave the engineered barrier in place is an impediment to potential reuse of the western portion of the area if building footprint must be altered (or in locations where the footprint may need to be modified). Inadequate utilities Utilities of insufficient capacity or obsolete or deteriorated or antiquated and refers to offsite conditions. City Director or Utilities finds that major north/ south sewer in the public right of way is “over 100 years old and is inadequate”; this line serves the shopping center. Modern materials such as ductile iron are now used instead of older, obsolete materials such as cast iron or brick (e.g., north/south sewer on Dodge). **Trend in retail toward smaller footprint / scaled down layout and space requirements It is also important to note that although the TIF property is “stand alone,” it is adjacent to and contiguous with the West Evanston TIF District. Portions of the West Evanston TIF and the Evanston Plaza will most likely share similar redevelopment goals and objectives in relation to the community (retail and service use improvements, job creation, and infrastructure coordination) and surrounding uses along Dempster. The size of the shopping center (200,000+ s.f.) and its prominent location at the intersection do call attention to its importance in the City’s economy and to the community. 265 of 447 150 North Wacker Drive T 312.444.1702 Suite 1600 F 312.444.9052 Chicago, Illinois 60606 II. Sample Single Project/Single Parcel TIF Districts TIF District Summary Arlington Heights TIF 5 Encourage redevelopment of two (2) existing shopping centers at Rand Road and Palatine Road. Aurora Bell/Gale TIF No. 4 Replace outmoded single industrial use with multi use redevelopment. Berwyn Cermak Plaza TIF Redevelopment of existing shopping center Obsolete stores replaced with new retailers including “urban” Meijer’s store. Blue Island TIF No. 6 Vacant Jewel grocery store to be redeveloped for smaller grocery use and adjacent retail use. Bolingbrook TIF No. 2 Existing residential uses redeveloped/rehabbed Dolton TIF No. 2 Redevelopment of former Ames anchored shopping center. Forest Park Roosevelt/Hannah TIF Remodeled existing mall and addition of Walmart store Franklin Park Grand Mannheim TIF Obsolete retail shopping center demolished and redeveloped as new retail Glendale Heights TIF Rehab of 270,000 s.f. Concorde Green Shopping Center Hoffman Estates Golf Road/Higgins Road TIF Included two (2) retail shopping centers – redevelopment goals included retaining retail uses. Lisle 2600 Warrenville Road TIF Office use – Vacant Alcatel Lucent facility occupied and rehabbed by Navistar as world headquarters. Markham Canterbury TIF Redevelopment of existing shopping center Matteson-Lincoln Mall TIF Redevelopment of regional shopping mall (also includes separate TIF for Sears anchor use) – retain retail uses Oak Forest TIF No. 4 Redevelopment of vacant commercial/retail (auto dealer) with retail and/or mixed use (maintain commercial uses along 159th Street). Palos Heights Harlem Avenue and 127th Street TIF Redevelop existing Jewel grocery store with new upgraded store and outlots. Rolling Meadows TIF No. 1 Retail Shopping Center (former Woolco and ancillary retail use) reoccupied by Dominick’s. Romeoville TIF No. 4 Replace existing retail/commercial use (gas station with environmental) with Walgreens retail use. Round Lake Beach Meadow Green TIF No. 3 Existing residential condos redeveloped/ rehabbed Sauk Village TIF No. 1 Neighborhood shopping center – redevelopment regarding anchor use Sauk Village TIF No. 4 Existing strip center retained and redeveloped Skokie Science & Technology TIF reuse of former Pfizer/Searle labs offices to research park/lab and office space. Waukegan Belvidere Mall TIF District (now terminated) encourage redevelopment of existing shopping center. West Chicago Route 64/Route 59 TIF District No. 2 includes shopping center formerly occupied by K-Mart and Dominick’s store. Yorkville US Route 34 and Route 47 TIF goal to encourage retail development of vacant shopping center (demolished) with new retail uses (also included Business District overlay 266 of 447 150 North Wacker Drive T 312.444.1702 Suite 1600 F 312.444.9052 Chicago, Illinois 60606 III. Dempster/Dodge TIF Review - Summary Response to City Council Questions 1. TIF Plan and City Plans for Redevelopment In response to questions relating to the specificity of the TIF plan and proposed redevelopment uses, it is important to note that: a) The TIF plan could be in place over a maximum term of 23 years (with a final collection in the 24th year); b) Substantive amendments to the plan require procedural steps that are equivalent to steps involved in designating the TIF (Joint Review Board (JRB) meeting, public hearing, all legal notices, etc.); c) The TIF plan does not replace or supersede normal City planning and entitlement processes, rather the TIF plan serves primarily as financing tool to assist in redevelopment. The TIF Act sets forth certain parameters/provisions that must be in the TIF plan, but the City has the ability to tailor the plan to local needs. As a result, the TIF plan as drafted serves primarily as an “envelope” or “umbrella” in order to allow the City flexibility in the redevelopment process, which is expected to take place over time, including potential changing market conditions and interest rates. The City could supplement the TIF plan with the following processes and inputs: a) Area or corridor studies specific to the Dempster/Dodge or West Evanston market area; b) Linkages to the City’s Comprehensive Plan; c) Conformance with zoning and/or other City codes (signage, landscaping, etc.); d) Establishment of a TIF Policy (or economic development policy) that establishes a City wide decision framework for the provision of TIF based (or other) incentives to private developers and property owners; e) Review of the developer’s proposed plan redevelopment including any City input relating to provisions for City TIF assistance; and f) Community input. The TIF budget and uses set forth in the plan are only general guidelines. The actual utilization of TIF monies is dependent upon the review by the City Council of specific items to be funded and the approval of a redevelopment agreement(s) regarding redevelopment that are consistent inputs described above. As a result, the actual implementation “plan” for redevelopment is dependent on a number of inputs and would be expected to evolve over the next several months. 267 of 447 Copright ã1999 Internatinal Council of Shopping Centers . All Rights reserved. Protected under Universal Copyright Convention and international copyright conventions. This publication may not be reproduced in whole or in part in any form without written permission from the International Council of Shopping Centers. Printed in the U.S.A. ICSC SHOPPING CENTER DEFINITIONS Basic Configurations and Types The term “shopping center” has been evolving since the early 1950s. Given the maturity of the industry, numerous types of centers currently exist that go beyond the standard definitions. Industry nomenclature originally offered four basic terms: neighborhood, community, regional, and superregional centers. However, as the industry has grown and changed, more types of centers have evolved and these four classifications are no longer adequate. The International Council of Shopping Centers has defined eight principal shopping center types, shown in the accompanying table. The definitions, and in particular the table that accompanies the text, are meant to be guidelines for understanding major differences between the basic types of shopping centers. Several of the categories shown in the table, such as size, number of anchors, and trade area, should be interpreted as "typical" for each center type. They are not meant to encompass the operating characteristics of every center. As a general rule, the main determinants in classifying a center are its merchandise orientation (types of goods/services sold) and its size. It is not always possible to precisely classify every center. A hybrid center may combine elements from two or more basic classifications, or a center's concept may be sufficiently unusual as to preclude it from fitting into one of the eight generalized definitions presented here. There are other types of centers that are not separately defined here but nonetheless are a part of the industry. Some can be considered subsegments of one of the larger, defined groups, perhaps created to satisfy a particular niche market. One example would be the convenience center, among the smallest of centers, whose tenants provide a narrow mix of goods and personal services to a very limited trade area. A typical anchor would be a convenience store like 7- Eleven or other mini-mart. At the other end of the size spectrum are super off- price malls that consist of a large variety of value-oriented retailers, including factory outlet stores, department store close-out outlets, and category killers in an enclosed megamall (up to 2 million square feet) complex. Other smaller subsegments of the industry include vertical, downtown, off-price, home improvement, and car care centers. The trend toward differentiation and segmentation will continue to add new terminology as the industry matures. SHOPPING CENTER: A group of retail and other commercial establishments that is planned, developed, owned and managed as a single property. On-site parking is provided. The center's size and orientation are generally determined by the market characteristics of the trade area served by the center. The two main configurations of shopping centers are malls and open-air strip centers. 268 of 447 Copright ã1999 Internatinal Council of Shopping Centers . All Rights reserved. Protected under Universal Copyright Convention and international copyright conventions. This publication may not be reproduced in whole or in part in any form without written permission from the International Council of Shopping Centers. Printed in the U.S.A. BASIC CONFIGURATIONS Mall: Malls typically are enclosed, with a climate-controlled walkway between two facing strips of stores. The term represents the most common design mode for regional and superregional centers and has become an informal term for these types of centers. Strip center: A strip center is an attached row of stores or service outlets managed as a coherent retail entity, with on-site parking usually located in front of the stores. Open canopies may connect the storefronts, but a strip center does not have enclosed walkways linking the stores. A strip center may be configured in a straight line, or have an "L" or "U" shape. SHOPPING CENTER TYPES Neighborhood Center: This center is designed to provide convenience shopping for the day-to-day needs of consumers in the immediate neighborhood. According to ICSC's SCORE publication, roughly half of these centers are anchored by a supermarket, while about a third have a drugstore anchor. These anchors are supported by stores offering pharmaceuticals and health-related products, sundries, snacks and personal services. A neighborhood center is usually configured as a straight-line strip with no enclosed walkway or mall area, although a canopy may connect the storefronts. Community Center: A community center typically offers a wider range of apparel and other soft goods than the neighborhood center does. Among the more common anchors are supermarkets, super drugstores, and discount department stores. Community center tenants sometimes contain off-price retailers selling such items as apparel, home improvement/furnishings, toys, electronics or sporting goods. The center is usually configured as a strip, in a straight line, or “L” or “U” shape. Of the eight center types, community centers encompass the widest range of formats. For example, certain centers that are anchored by a large discount department store refer to themselves as discount centers. Others with a high percentage of square footage allocated to off-price retailers can be termed off-price centers. Regional Center: This center type provides general merchandise (a large percentage of which is apparel) and services in full depth and variety. Its main attractions are its anchors: traditional, mass merchant, or discount department stores or fashion specialty stores. A typical regional center is usually enclosed with an inward orientation of the stores connected by a common walkway and parking surrounds the outside perimeter. 269 of 447 Copright ã1999 Internatinal Council of Shopping Centers . All Rights reserved. Protected under Universal Copyright Convention and international copyright conventions. This publication may not be reproduced in whole or in part in any form without written permission from the International Council of Shopping Centers. Printed in the U.S.A. Superregional Center: Similar to a regional center, but because of its larger size, a superregional center has more anchors, a deeper selection of merchandise, and draws from a larger population base. As with regional centers, the typical configuration is as an enclosed mall, frequently with multilevels. Fashion/Specialty Center: A center composed mainly of upscale apparel shops, boutiques and craft shops carrying selected fashion or unique merchandise of high quality and price. These centers need not be anchored, although sometimes restaurants or entertainment can provide the draw of anchors. The physical design of the center is very sophisticated, emphasizing a rich decor and high quality landscaping. These centers usually are found in trade areas having high income levels. Power Center: A center dominated by several large anchors, including discount department stores, off-price stores, warehouse clubs, or "category killers," i.e., stores that offer tremendous selection in a particular merchandise category at low prices. The center typically consists of several freestanding (unconnected) anchors and only a minimum amount of small specialty tenants. Theme/Festival Center: These centers typically employ a unifying theme that is carried out by the individual shops in their architectural design and, to an extent, in their merchandise. The biggest appeal of these centers is to tourists; they can be anchored by restaurants and entertainment facilities. These centers, generally located in urban areas, tend to be adapted from older, sometimes historic, buildings, and can be part of mixed use projects. Outlet Center: Usually located in rural or occasionally in tourist locations, outlet centers consist mostly of manufacturers' outlet stores selling their own brands at a discount. These centers are typically not anchored. A strip configuration is most common, although some are enclosed malls, and others can be arranged in a "village" cluster. 270 of 447 Copright ã1999 Internatinal Council of Shopping Centers . All Rights reserved. Protected under Universal Copyright Convention and international copyright conventions. This publication may not be reproduced in whole or in part in any form without written permission from the International Council of Shopping Centers. Printed in the U.S.A. TYPICAL ANCHOR(S) TYPE CONCEPT SQ. FT. (Inc. Anchors) ACREAGE NUMBER TYPE ANCHOR RATIO* PRIMARY TRADE AREA** NEIGHBORHOOD CENTER Convenience 30,000 - 150,000 3 - 15 1 or more Supermarket 30 - 50% 3 miles COMMUNITY CENTER General Merchandise; Convenience 100,000 - 350,000 10 - 40 2 or more Discount dept. store; super-market; drug; home improvement; large specialty/discount apparel 40 - 60% 3 - 6 miles REGIONAL CENTER General Merchandise; Fashion (Mall, typically enclosed) 400,000 - 800,000 40 - 100 2 or more Full-line dept. store; jr. dept. store; mass merchant; disc. dept. store; fashion apparel 50 - 70% 5 - 15 miles SUPERREGIONAL CENTER Similar to Regional Center but has more variety and assortment 800,000+ 60 - 120 3 or more Full-line dept. store; jr. dept. store; mass merchant; fashion apparel 50 - 70% 5 - 25 miles FASHION/SPECIALTY CENTER Higher end, fashion oriented 80,000 - 250,000 5 - 25 N/A Fashion N/A 5 - 15 miles POWER CENTER Category-dominant anchors; few small tenants 250,000 - 600,000 25 - 80 3 or more Category killer; home im- provement; disc. dept. store; warehouse club; off- price 75 - 90% 5 - 10 miles THEME/FESTIVAL CENTER Leisure; tourist-oriented; retail and service 80,000 - 250,000 5 - 20 N/A Restaurants; entertainment N/A N/A OUTLET CENTER Manufacturers' outlet stores 50,000 - 400,000 10 - 50 N/A Manufacturers' outlet stores N/A 25 - 75 miles * The share of a center's total square footage that is attributable to its anchors **The area from which 60 - 80% of the center's sales originate ICSC Shopping Center Definitions is published by International Council of Shopping Centers 1221 Avenue of the Americas New York, New York 10020-1099 Phone: 646-728-3671 Fax: 212-589-5555 http://www.icsc.org 271 of 447 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Steve Griffin, Director Community and Economic Development Nancy Radzevich, Economic Development Division Manager Paul Zalmezak, Economic Development Coordinator Subject: Dempster Dodge TIF District Designation Date: May 22, 2012 Recommended Action: Staff recommends City Council adoption of the following ordinance to designate the proposed Dempster Dodge TIF District as outlined in the state statute 65 ILCS 5/11- 74.4 – Tax Increment Allocation Redevelopment Act. Suspension of the Rules is requested to allow Introduction and Action on May 29, 2012 to implement the TIF under the 2010 assessed values. (A11) Ordinance 55-O-12 Approving a Tax Increment Redevelopment Plan and Redevelopment Project for the Dempster/Dodge Redevelopment area (“TIF Plan”) Memorandum For City Council meeting of May 29, 2012 Item A11 Ordinance 55-O-12 Approving the Proposed Dempster Dodge TIF Plan For Introduction and Action 272 of 447 5/16/2012 55-O-12 AN ORDINANCE Approving a Tax Increment Redevelopment Plan and Redevelopment Project for the Dempster/Dodge Redevelopment Project Area WHEREAS, it is desirable and in the best interest of the citizens of the City of Evanston, Cook County, Illinois (the "City"), for the City to implement tax increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act, Division 74.4 of Article 11 of the Illinois Municipal Code, as amended (the "Act"), for a proposed redevelopment and redevelopment project (the "Plan and Project") within the municipal boundaries of the City within a proposed redevelopment project area (the "Area") described in Section 1(a) of this Ordinance, which Area constitutes in the aggregate more than one and one-half acres; and WHEREAS, pursuant to Section 11-74.4-5 of the Act, the Mayor and City Council of the City (the "Corporate Authorities") called a public hearing relative to the Plan and Project and the designation of the Area as a redevelopment project area under the Act for May 14, 2012; and WHEREAS, due notice with respect to such hearing was given pursuant to Section 11-74.4-5 of the Act, said notice being given to taxing districts and to the Department of Commerce and Economic Opportunity of the State of Illinois by certified mail on March 27, 2012, by publication on April 19, 2012, and April 26, 2012, and by certified mail to taxpayers within the Area on April 23, 2012; and 273 of 447 55-O-12 -2- WHEREAS, the City has heretofore convened a joint review board as required by and in all respects in compliance with the provisions of the Act; and WHEREAS, the Corporate Authorities have reviewed the information concerning such factors presented at the public hearing and have reviewed other studies and are generally informed of the conditions in the proposed Area that could cause the Area to be a "blighted area" as defined in the Act; and WHEREAS, the Corporate Authorities have reviewed the conditions pertaining to lack of private investment in the proposed Area to determine whether private development would take place in the proposed Area as a whole without the adoption of the proposed Plan; and WHEREAS, the Corporate Authorities have reviewed the conditions pertaining to real property in the proposed Area to determine whether contiguous parcels of real property and improvements thereon in the proposed Area would be substantially benefited by the proposed Project improvements; and WHEREAS, the Corporate Authorities have reviewed the proposed Plan and Project and also the existing comprehensive plan for development of the City as a whole to determine whether the proposed Plan and Project conform to the comprehensive plan of the City, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The Corporate Authorities hereby make the following findings: 274 of 447 55-O-12 -3- a. The Area is legally described in Exhibit A attached hereto and incorporated herein as if set out in full by this reference. The general street location for the Area is described in Exhibit B attached hereto and incorporated herein as if set out in full by this reference. The map of the Area is depicted on Exhibit C attached hereto and incorporated herein as if set out in full by this reference. b. There exist conditions that cause the Area to be subject to designation as a redevelopment project area under the Act and to be classified as a conservation area as defined in Section 11-74.4-3(b) of the Act. c. The proposed Area on the whole has not been subject to growth and development through investment by private enterprise and would not be reasonably anticipated to be developed without the adoption of the Plan. d. The Plan and Project conform to the comprehensive plan for the development of the City as a whole, as reflected in the City’s zoning map. e. As set forth in the Plan it is anticipated that all obligations incurred to finance redevelopment project costs, if any, as defined in the Plan shall be retired within twenty- three (23) years after the Area is designated. f. The parcels of real property in the proposed Area are contiguous, and only those contiguous parcels of real property and improvements thereon that will be substantially benefited by the proposed Project improvements are included in the proposed Area. SECTION 2: The Plan and Project, which were the subject matter of the public hearing held on May 14, 2012, are hereby adopted and approved. A copy of the Plan and Project is set forth in Exhibit D attached hereto and incorporated herein as if set out in full by this reference. 275 of 447 55-O-12 -4- SECTION 3: If any section, paragraph, or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 4: All ordinances, resolutions, motions, or orders in conflict herewith shall be, and the same hereby are, repealed to the extent of such conflict, and this Ordinance shall be in full force and effect immediately upon its passage by the Corporate Authorities and approval as provided by law. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Ayes: ______________ Nays: ______________ Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 276 of 447 A-1 EXHIBIT A Legal Description of Redevelopment Project Area THAT PART OF THE NORTH HALF OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 IN BANBURY THIRD CONSOLIDATION, BEING A PLAT IN THAT PART OF THE NORTHWEST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 27, 1987 AS DOCUMENT NO. 87162463; THENCE SOUTHWESTERLY, WESTERLY, SOUTHWESTERLY, SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 1 TO A POINT THAT IS 241.64 FEET NORTHWESTERLY OF THE MOST SOUTHWESTERLY CORNER OF SAID LOT 1 AS MEASURED ALONG SAID NORTHWESTERLY LINE; THENCE SOUTHEASTERLY AT A RIGHT ANGLE TO SAID NORTHWESTERLY LINE 5.00 FEET; THENCE SOUTHWESTERLY ALONG A LINE 5.00 FEET SOUTHEASTERLY OF AND PARALLEL TO SAID NORTHWESTERLY LINE TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF GREENLEAF STREET; THENCE EASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE OF GREENLEAF STREET TO THE SOUTHWEST CORNER OF LOT 1 IN ARENS CONTROLS, INC. CONSOLIDATION, BEING A PART OF THE NORTHWEST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED MAY 20, 1992 AS DOCUMENT NO. 92349794; THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF SAID LOT 1 IN ARENS CONTROLS, INC. CONSOLIDATION TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 1 TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 40.00 FEET, AN ARC LENGTH OF 64.45 FEET TO A POINT OF TANGENCY ON THE EAST LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG SAID EAST LINE TO A CORNER POINT FOR LOT 1 IN SAID BANBURY THIRD CONSOLIDATION; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 1 IN BANBURY THIRD CONSOLIDATION TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF BROWN AVENUE; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE OF BROWN AVENUE TO A POINT ON THE SOUTH LINE OF SAID LOT 1 IN BANBURY THIRD CONSOLIDATION; THENCE EASTERLY ALONG SAID SOUTH LINE OF LOT 1 AND THE EASTERLY EXTENSION THEREOF TO THE EAST RIGHT-OF-WAY LINE OF DODGE AVENUE; THENCE NORTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT 1 IN KEAT’S RESUBDIVISION, BEING A SUBDIVISION IN THE NORTHEAST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 28, 1989 AS DOCUMENT NO. 89458950; THENCE WESTERLY ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 1 TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID DODGE AVENUE; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF DEMPSTER STREET; THENCE WESTERLY, NORTHERLY AND WESTERLY ALONG SAID SOUTH RIGHT-OFWAY LINE TO THE POINT OF BEGINNING. 277 of 447 B-1 EXHIBIT B GENERAL STREET LOCATION The proposed Redevelopment Project Area consists primarily of retail/commercial parcels southwest of the intersection of Dempster Street and Dodge Avenue. 278 of 447 C-1 EXHIBIT C MAP OF REDEVELOPMENT PROJECT AREA 279 of 447 PROJECT NO.CALC. DRAWING NO. DWN. CHKD. SCALE: DATE: SHEET OF 9575 West Higgins Road (847) 823-0500 Suite 600, Rosemont, Illinois 60018 ENGINEERING, LTD.IN PREPARED FOR 1 1 1"=150’ 120101 CITY OF EVANSTON, ILLINOIS CITY OF EVANSTON 17.9 AC.| SCALE IN FEET 0 150 AJK KJR JRM 02-24-2012 TIF120101B S:\EVANSTON\120101\SURVEY\TIF120101B.SUR QUARTER OF SECTION 24-41-13EAST LINE OF THE NORTHWESTQUARTER OF SECTION 24-41-13WEST LINE OF THE NORTHEASTQUARTER OF SECTION 13-41-13 SOUTH LINE OF THE SOUTHWEST WEST EVANSTONEXSITING TIF #6QUARTER OF SECTION 24-41-13 NORTH LINE OF THE NORTHWEST DEMPSTER / DODGE TIF DEMPSTER / DODGE TIF POINT OF BEGINNING 280 of 447 D-1 EXHIBIT D REDEVELOPMENT PLAN AND PROJECT 281 of 447 CITY OF EVANSTON TIF REDEVELOPMENT PLAN DEMPSTER/DODGE TIF DISTRICT “Redevelopment plan" means the comprehensive program of the municipality for development or redevelopment intended by the payment of redevelopment project costs to reduce or eliminate those conditions the existence of which qualified the redevelopment project area as a "blighted area" or "conservation area" or combination thereof or "industrial park conservation area," and thereby to enhance the tax bases of the taxing districts which extend into the redevelopment project area as set forth in the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11- 74.4-3, et. seq., as amended. Prepared by the City of Evanston, Illinois in conjunction with Kane, McKenna and Associates, Inc. April 2012 DRAFT As of April 10, 2012 282 of 447 TABLE OF CONTENTS I. INTRODUCTION ................................................................................... 1 II. RPA LEGAL DESCRIPTION.................................................................. 6 III. RPA GOALS AND OBJECTIVES............................................................ 7 IV. EVIDENCE OF THE LACK OF DEVELOPMENT AND GROWTH; FISCAL IMPACT ON TAXING DISTRICTS ........................................... 11  Evidence of the Lack of Development / Growth Within the RPA ..................... 11  Assessment of Fiscal Impact on Affected Taxing Districts ................................ 11 V. TIF QUALIFICATION FACTORS PRESENT IN THE RPA ..................... 12 VI. REDEVELOPMENT PROJECT ............................................................. 13  Redevelopment Plan and Project Objectives ..................................................... 13  Redevelopment Activities .................................................................................. 14  General Land Use Plan ...................................................................................... 15  Additional Design and Control Standards ......................................................... 16  Eligible Redevelopment Project Costs ............................................................... 16  Projected Redevelopment Project Costs ........................................................... 20  Sources of Funds to Pay Redevelopment Project Costs .................................... 22  Nature and Term of Obligations to be Issued ................................................... 22  Most Recent Equalized Assessed Valuation (EAV) for the RPA ....................... 23  Anticipated Equalized Assessed Valuation (EAV) for the RPA ........................ 23 VII. DESCRIPTION & SCHEDULING OF REDEVELOPMENT PROJECT.... 24  Redevelopment Project ..................................................................................... 24  Commitment to Fair Employment Practices / Affirmative Action....................25  Completion of Redevelopment Project and Retirement of Obligations to Finance Redevelopment Costs .......................................................................... 26 VIII. PROVISIONS FOR AMENDING THE TIF PLAN AND PROJECT .......... 27  APPENDIX 1: Legal Description of Project Area  APPENDIX 2: Boundary Map of Proposed RPA  APPENDIX 3: Existing Land Use Map of RPA  APPENDIX 4: Future Land Use Map of RPA  APPENDIX 5: TIF Qualification Report 283 of 447 Page 1 I. INTRODUCTION The City of Evanston (the “City”) is an established community located in northern Cook County, Illinois along the shores of Lake Michigan. In this report, the City proposes a Tax Increment Financing Redevelopment Plan (the “Redevelopment Plan” or “Plan”) to assist a strategically important area in overcoming a number of redevelopment barriers. The City is pursuing the TIF designation as part of its overall strategy to promote the revitalization and increased occupancy of a key retail property located at the southwest corner of Dempster and Dodge Avenue. Kane, McKenna and Associates, Inc. (“KMA”) has been retained by the City of Evanston to conduct an analysis of the potential qualification and designation of the area as a Tax Increment Financing (“TIF”) District, and to assist the City in drafting this TIF Redevelopment Plan. The City has two fundamental goals in pursuing the potential TIF District. The first is to promote redevelopment of the area to improve occupancy levels at one of the largest retail establishments in Evanston (Evanston Plaza), in coordination with a new owner that may pursue investments for the site. The second goal is to further the City’s overall economic development program and thereby diversify its tax base. As noted in various City reports (including the annual budget, 2006 Strategic Plan and 2000 Comprehensive General Plan), a general City priority is to implement a range of economic development efforts. For example, in the City’s most recently adopted budget, the City has “targeted business district revitalization efforts throughout the City, including the redevelopment potential of Evanston Plaza.” TIF Plan Requirements. The City is preparing this Plan as required by the Tax Increment Allocation Redevelopment Act, (the “Act”) 65 ILCS 5/11-74.4-3, et. seq., as amended. To establish a TIF district (also known as a Redevelopment Project Area (“RPA”)), Illinois municipalities must adopt several documents, including a TIF Redevelopment Plan and Eligibility Report. The Act enables Illinois municipalities to establish TIF districts, either to eliminate the presence of blight or to prevent its onset. The Act finds that municipal TIF authority serves a public interest in order to: “promote and protect the health, safety, morals, and welfare of the public, that blighted conditions need to be eradicated and conservation measures instituted, and that redevelopment of such areas be undertaken; that to remove and alleviate adverse conditions it is necessary to encourage private investment and restore and enhance the tax base of the taxing districts in such areas by the development or redevelopment of project areas” (65 ILCS 5/11-74.4-2(b)). By definition, a TIF “Redevelopment Plan" means the comprehensive program of the municipality for development or redevelopment intended by the payment of redevelopment project costs to reduce or eliminate those conditions the existence of which qualify the redevelopment project area as a "blighted area," 284 of 447 Page 2 "conservation area" (or combination thereof), or "industrial park conservation area," and thereby to enhance the tax bases of the taxing districts which extend into the redevelopment project area as set forth in the Tax Increment Allocation Redevelopment Act. Community Background. The City of Evanston is one of the oldest communities in the State of Illinois, incorporated in 1863 during the Civil War. After a long period of growth during the late 19th and early 20th century, population stabilized around its current level in the post-war era. As of the 2010 Census, City population is 74,486. The City has a number of important assets that make it desirable location for residents and that fosters a competitive environment for businesses. First, the City has one of the most highly educated workforces in Illinois. 66% of the adult population (over age 25) has obtained either a bachelor’s degree or an advanced degree (master’s degree or other advanced degree). Secondly, the City possesses a variety of transportation assets, including proximity to the Interstate Highway System, state highways, a Metra train line, and a CTA (“El”) train line. Additionally, biking as a commuter option is also expanding, as the CTA and the RTA increasingly accommodate bicyclists who make connections to downtown Chicago and suburban destinations. Third, the City has a long tradition of professional city management, which ensures efficient, effective, and responsive service delivery to residents and businesses. Under the current management team, the City has identified economic development as a priority for service delivery and may expand efforts in this area. The Proposed TIF District. The proposed RPA consists of one tax parcel and is situated at the southwest corner of Dempster and Dodge Avenue. The primary use for the site is the Dempster Plaza, which is an older retail shopping center comprising three buildings: a large traditional grocer (as well as connected stores that are vacant); a series of in-line retail spaces mostly occupied by smaller retailers; and a group of stores in an outlot building. The area faces a number of long-standing redevelopment challenges: the structures in the area are underutilized, the site may require infrastructure improvements, and end users face the general risk of obsolescence. Regarding obsolescence, the anchor tenant is a traditional grocer (Dominick’s), which operates in a highly competitive retail sector undergoing transformation as traditional grocers face challenges from discount grocers, independent grocers, “high-end” grocers and even atypical competitors such as national drugstores chains (now expanding their selection of food items to include perishable groceries). Remaining retail spaces may require reconfiguration and upgrades in order to be competitive in the marketplace, and to assist in overcoming obsolescence. Overall, the proposed TIF District generally suffers from a variety 285 of 447 Page 3 of economic development impediments as identified in the TIF Act and as documented in the TIF Qualification Report (Section V). Despite the challenges, the proposed Dempster/Dodge TIF has a number of important advantages that can be potentially leveraged via TIF establishment: An anchor tenant within the proposed TIF District; A TIF District at the junction of two arterial roads, which generates the vehicular traffic necessary to support commercial and retail uses; and New ownership that intends to coordinate with the City on making improvements to the site. Additionally, the area as mentioned would benefit from professional municipal management and the City’s increasing priority on economic development. On balance, the Dempster/Dodge TIF area has the potential for redevelopment of certain underutilized properties. As such, the City has identified a number of objectives for redevelopment, with tax increment financing acting as a tool to achieve them. Please refer to Section III of this report for additional information about the goals, objectives and activities to support redevelopment. The RPA would be suitable for new development if there is coordination of uses and redevelopment activity by the City. Through this TIF Redevelopment Plan and as part of its comprehensive economic development planning, the City intends to attract and encourage commercial and retail/mixed uses to locate, upgrade, expand and/or modernize their facilities within Evanston. Through the establishment of the RPA, the City would implement a program to redevelop key areas within the new TIF District and in so doing, it would stabilize the area, extend benefits to the community, and assist affected taxing districts over the long run. Rationale for Redevelopment Plan. The City recognizes the need for a strategy to revitalize properties and promote development within the boundaries of the RPA. The needed private investment would only be possible if a TIF district is adopted pursuant to the terms of the Act. Incremental property tax revenue generated by the project will play a decisive role in encouraging private development. Site conditions and diverse ownership that has discouraged intensive private investment in the past will be eliminated. Ultimately, the implementation of the Plan will benefit both the City and surrounding taxing districts, by virtue of the expected expansion of the tax base. The City has determined that the area as a whole would not be developed in a coordinated manner unless the adoption of the TIF Redevelopment Plan occurs. The City, with the assistance of KMA, has therefore commissioned this Plan to use tax increment financing in order to address local needs and to meet redevelopment goals and objectives. 286 of 447 Page 4 The adoption of this Plan makes possible the implementation of a comprehensive program for the economic redevelopment of the area. By means of public investment and land assembly, the RPA will become a more viable area that will attract private investment. The public investment and land assembly will lay the foundation for the redevelopment of the area with private capital. This in turn will set the stage for future retail, commercial and mixed use opportunities surrounding the area. The designation of the area as an RPA will allow the City to pursue the following beneficial strategies: Providing infrastructure that supports subsequent redevelopment plans for the RPA; Improvements to the site in preparation for redevelopment (“site prep”) and improvements to the structures in order to accommodate new tenants; Entering into redevelopment agreements in order to redevelop property and/or to induce new development to locate within the RPA; Establishing a pattern of land-use activities that will increase efficiency and economic inter-relationships, especially as such uses complement adjacent current and/or future commercial opportunities and City redevelopment projects within the RPA and/or surrounding area; and Enhancing area appearance through improvements to landscape, streetscape and signage. Through this Plan, the City will direct the coordination and assembly of the assets and investments of the private sector and establish a unified, cooperative public- private redevelopment effort. Several benefits are expected to accrue to the area: entry of new businesses; new employment opportunities; and physical and aesthetic improvements. Ultimately, the implementation of the Plan will benefit (a) the City, (b) the taxing districts serving the RPA, (c) residents and property owners adjacent to the RPA, and (d) existing and new businesses within the RPA. City Findings. The City, through legislative actions as required by the Act, finds: That the RPA as a whole has not been subject to growth and development through investment by private enterprise; That in order to promote and protect the health, safety, and welfare of the public, certain conditions that have adversely affected redevelopment within 287 of 447 Page 5 the RPA need to be addressed, and that redevelopment of such areas must be undertaken; To alleviate the adverse conditions, it is necessary to encourage private investment and enhance the tax base of the taxing districts in such areas by the development or redevelopment of certain areas; That public/private partnerships are determined to be necessary in order to achieve development goals; That without the development focus and resources provided for under the Act and as set forth in this Plan, growth and redevelopment would not reasonably be expected to be achieved; That the use of incremental tax revenues derived from the tax rates of various taxing districts in the RPA for the payment of redevelopment project costs is of benefit to the taxing districts, because the taxing districts would not derive the benefits of an increased assessment base without addressing the coordination of redevelopment; and That the TIF Redevelopment Plan conforms to the Evanston Comprehensive Plan, as detailed in Section III of this report. Additionally, the City finds that it is useful, desirable, and necessary for the City to assemble land into parcels of sufficient size to encourage development consistent with current standards. It is further found, and certified by the City, in connection to the statutory process required for the adoption of this Plan, that (a) the that the RPA does not contain over seventy-five (75) inhabited residential units and (b) projected redevelopment of the RPA will not result in the displacement of ten (10) inhabited residential units or more. Therefore, this Plan does not include a Housing Impact Study. The redevelopment activities that will take place within the RPA will produce benefits that are reasonably distributed throughout the RPA. Redevelopment of the RPA area is tenable only if a portion of the improvements and other costs are funded by TIF. Pursuant to the Act, the RPA includes only those contiguous parcels of real property and improvements thereon substantially benefited by the redevelopment project. Also pursuant to the Act, the area in the aggregate is more than 1½ acres. A boundary map of the RPA is included in Appendix 2 of this Plan. 288 of 447 Page 6 II. RPA LEGAL DESCRIPTION The Redevelopment Project Area legal description is attached in Appendix 1. 289 of 447 Page 7 III. RPA GOALS AND OBJECTIVES The City has established a number of economic development goals, objectives, and strategies which would determine the types of activities to be undertaken within the proposed Dempster/Dodge TIF District. These efforts would conform to and promote the achievement of land use objectives in the City’s Comprehensive Plan. Exhibit 1 Relationship of Land Use and Economic Development Plans As indicated in the exhibit above, the City’s primary planning document is the Comprehensive Plan which describes the overall vision for the City and is the foundation for City initiatives such as the proposed Dempster/Dodge TIF District. This overarching planning document determines future land uses and influences all other City planning efforts such as the TIF planning process. General Economic Development Goals of the City. Establishment of the proposed Dempster/Dodge TIF supports the following City-wide objectives RPA Objectives, Strategies and Measures General Economic Development Goals City Comprehensive Plan Goals 290 of 447 Page 8 established in the Comprehensive Plan that would directly determine future economic development activities and influence the parameters of future redevelopment projects. Exhibit 2 identifies certain Comprehensive Plan goals that pertain to the proposed Dempster/Dodge TIF. Exhibit 2 Components of Comprehensive Plan Applicable to Dempster/Dodge TIF Comprehensive Plan Objectives Policies/Actions Promote the growth and redevelopment of business, commercial, and industrial areas Encourage the location of new or expanding businesses in existing commercial and mixed-use locations that would benefit from redevelopment, including the Evanston Plaza Retain and attract businesses in order to strengthen Evanston's economic base Support a cooperative marketing effort [with external entities] to attract new businesses to vacant storefronts and commercial spaces Recognize and support the strong role neighborhood business districts play in Evanston's economy and its identity Protect and enhance the traditional character of neighborhood business districts; carefully examine proposed design changes using the Zoning and Sign Ordinances, and site plan and appearance review Develop strategies where feasible for addressing parking and circulation concerns of merchants and surrounding residents Support and encourage efforts at employment assistance and linkages Promote and support job readiness and training programs as well as small business start-up assistance programs Invest in annual maintenance of Evanston’s water and sewer systems Complete the ongoing sewer improvement strategy, stressing preventive maintenance as an ongoing policy for the future Source: City of Evanston Comprehensive General Plan, 2000 TIF designation would allow the City to pursue the following objectives within the RPA: o Reduce or eliminate blight or other negative factors present within the area; o Coordinate redevelopment activities within the RPA in order to provide a positive marketplace signal to private investors; o Accomplish redevelopment over a reasonable time period; o Create an attractive overall appearance for the area; and 291 of 447 Page 9 o Further the goals and objectives of the Comprehensive Plan. Ultimately, the implementation of the Redevelopment Plan would contribute to the economic development of the area and provide new employment opportunities for City residents. The RPA-specific objectives would be fulfilled by the execution of certain strategies, including but not limited to the following: o Facilitating the preparation of improved and vacant sites, by assisting any private developer(s) to assemble suitable sites for modern development needs; o Coordinating site preparation and rehabilitation of structures to provide additional land for new development, as appropriate; o Fostering the replacement, repair, and/or improvement of infrastructure, including (as needed) sidewalks, streets, curbs, gutters and underground water and sanitary systems to facilitate the construction of new development within the RPA; o Facilitating the provision of adequate on- and off-street parking within the RPA; and/or o Coordinating development in tandem with any transportation system upgrades to make the area more accessible. To track success in meeting RPA-specific objectives and strategies, the City may wish to consider establishing certain performance measures that would help the City monitor the projects to be undertaken within the proposed RPA. The Government Finance Officers Association recommends that municipalities adopting TIF districts evaluate actual against projected performance (e.g., using metrics such as job creation or tax revenue generation). Exhibit 3 below identifies the types of performance measures the City may consider to track the performance of projects within the RPA. (Section VI of this report discusses the types of projects that the City may pursue within the RPA, with the caveat that specific projects at this point are only conceptual in nature.) Exhibit 3 Examples of TIF Performance Measures Measure Examples Input Public investment ($) Private investment ($) Acres of land assembled for TIF Bond proceeds 292 of 447 Page 10 Output/Workload Jobs created or retained Number of streetscaping fixtures installed Commercial space created (square feet) Efficiency Leverage ratio (private investment / public investment) Cost per square foot of commercial space Public subsidies per job created/retained Effectiveness % change in assessed value (AV) in TIF versus AV in rest of City % change in AV within TIF before and after TIF creation Municipal sales taxes before and after TIF creation Risk Debt coverage ratio Credit ratings of anchor tenants Tenant diversification (e.g., percent of total TIF EAV attributable to top 10 tenants in commercial development) Source: An Elected Official’s Guide to Tax Increment Financing, Government Finance Officers Association, 2005. 293 of 447 Page 11 IV. EVIDENCE OF THE LACK OF DEVELOPMENT AND GROWTH; FISCAL IMPACT ON TAXING DISTRICTS Evidence of the Lack of Development and Growth within the RPA. As documented in Appendix 5 of this Plan, the RPA has suffered from the lack of development and would qualify as a Conservation Area (for the improved sub- area) and as a blighted area (for the vacant sub-area). In recent years, the area has not benefited from sustained private investment and/or development, instead suffering economic decline. Absent intervention by the City, properties within the RPA would not be likely to gain in value. The proposed RPA exhibits various conditions which, if not addressed by the City, would eventually result in blight. Those conditions include structures and public improvements reflecting obsolescence as well as other deficiencies. These various conditions discourage private sector investment in business enterprises. Assessment of Fiscal Impact on Affected Taxing Districts. It is not anticipated that the implementation of this Plan will have a negative financial impact on the affected taxing districts. Instead, action taken by the City to stabilize and cause growth of its tax base through the implementation of this Plan will have a positive impact on the affected taxing districts by arresting the potential decline or lag in property values, as measured by assessed valuations (AV). In short, the establishment of a TIF district would protect other taxing districts from the potential downside risk of falling AV. Should the City achieve success in attracting private investment which results in the need for documented increased services from any taxing districts, the City will consider the declaration of “surplus funds,” as defined under the Act and pursuant to any executed intergovernmental agreement. Such funds which are neither expended nor obligated for TIF-related purposes can be used to assist affected taxing districts in paying the costs for increased services. Any surplus Special Tax Allocation Funds (to the extent any surplus exists) will be shared in proportion to the various tax rates imposed by the taxing districts, including the City. Any such sharing would be undertaken after all TIF-eligible costs – either expended or incurred as an obligation by the City – have been duly accounted for through administration of the Special Tax Allocation Fund to be established by the City as provided by the Act. An exception to the tax-sharing provision relates to the City’s utilization of TIF funding to mitigate the impact of residential redevelopment upon school districts. In such cases, the City will provide funds to offset the costs incurred by the eligible school districts in the manner prescribed by 65 ILCS Section 5/11- 74.4.3(q)(7.5) of the Act. It should be noted that new residential uses are not expected as part of future redevelopment activities. (Refer to Section VI of this Report, which describes allowable TIF project costs.) 294 of 447 Page 12 V. TIF QUALIFICATION FACTORS PRESENT IN THE RPA Findings. The RPA was studied to determine its qualifications under the Tax Increment Allocation Redevelopment Act. It was determined that the area as a whole qualifies as a TIF district under the Act. Refer to the TIF Qualification Report, attached as Appendix 5 in this Plan. Eligibility Survey. Representatives of KMA and City staff evaluated the RPA from late 2011 to the date of the publication of this Plan. Analysis was aided by certain reports obtained from the City, reports from City engineering consultants, on-site due diligence, and other sources. In KMA’s evaluation, only information was recorded which would help assess the eligibility of the proposed area as a TIF District. 295 of 447 Page 13 VI. REDEVELOPMENT PROJECT Redevelopment Plan and Project Objectives. As indicated in Section III of this Report, the City has established a planning process which guides economic development and land use activities throughout the City. Consistent with the established planning process, the City proposes to achieve economic development goals and objectives through the redevelopment of the Dempster/Dodge TIF, pursuit of projects within the RPA, and the promotion of private investment via public financing techniques (including but not limited to tax increment financing). The project-specific objectives envisioned for the Dempster/Dodge TIF are as follows: 1) Implementing a plan that provides for the attraction of users and tenants to redevelop underutilized land and buildings that are available within the RPA. 2) Constructing public improvements which may include (if necessary): Street and sidewalk improvements (including new street construction and widening of current streets; any street widening would conform with City standards for context-sensitive design); Utility improvements (including, but not limited to, water, stormwater management, and sanitary sewer projects consisting of construction and rehabilitation); Signalization, traffic control and lighting; Off-street parking and public parking facilities; and Landscaping, streetscaping, and beautification. 3) Entering into Redevelopment Agreements with developers for qualified redevelopment projects, including (but not limited to) the provision of an interest rate subsidy as allowed under the Act. 4) Providing for site preparation, clearance, environmental remediation, and demolition, including grading and excavation (any demolition activities would conform to City criteria for allowing demolition) as needed. 5) Providing for the rehabilitation of structures in order to improve the occupancy and appearance of the property within the RPA. 6) Exploration and review of job training programs in coordination with any City, federal, state, and county programs. 7) Entering into agreements for the development and/or construction of public facilities and infrastructure. 296 of 447 Page 14 Redevelopment Activities. Pursuant to the project objectives cited above, the City will implement a coordinated program of actions. These include, but are not limited to, land acquisition, land disposition, site preparation, clearance, demolition, provision of public infrastructure and related public improvements, construction of new public facilities, and rehabilitation of structures, if necessary. Such activities conform to the provision of the TIF Act that define the scope of permissible redevelopment activities. Site Preparation, Clearance, Relocation and Demolition Property within the RPA may be improved through the use of site clearance, excavation, environmental remediation or demolition prior to redevelopment. The land may also be graded and cleared prior to redevelopment. Relocation may also be required under the TIF Act; the City would conform to the provisions of the Act. Land Assembly and Disposition Certain properties or interests in properties in the RPA may be acquired by purchase or the exercise of eminent domain. Properties owned by or acquired by the City may be assembled and reconfigured into appropriate redevelopment sites. If necessary, the City would facilitate private acquisition through reimbursement of acquisition and related costs as well as through the write-down of its acquisition costs. Such land may be held or disposed of by the City on terms appropriate for public or private development, including the acquisition of land needed for construction of public improvements. Public Improvements The City may, but is not required to, provide public improvements in the RPA to enhance the immediate area and support the Plan. Appropriate public improvements may include, but are not limited to: Improvements and/or construction of public utilities including extension of water mains as well as sanitary and storm sewer systems, roadways, and traffic-related improvements; Parking facilities; and Beautification, identification markers, landscaping, lighting, and signage of public right-of-ways. Rehabilitation/Taxing District Capital Costs The City may provide for the rehabilitation of certain structures within the RPA in order to provide for the redevelopment of the area and conform to City code provisions. Improvements may include exterior and facade-related work as well as interior-related work. 297 of 447 Page 15 The City may construct or provide for the construction and reimbursement for new facilities to be owned or used by units of local government. The City does not expect that locally designated landmarks or properties listed on or eligible for listing on the National Register of Historic Places (or properties significantly contributing to districts listed on the National Register of Historic Places) will be demolished or modified in connection with the Plan. Interest Rate Write-Down The City may enter into agreements with for-profit or non-profit owners/developers whereby a portion of the interest cost for construction, renovation or rehabilitation projects are paid out of the Special Tax Allocation fund of the RPA, in accordance with the Act. Job Training The City may assist facilities and enterprises located within the RPA in obtaining job training assistance. Job training and retraining programs currently available from or through other governments include, but are not limited to: Federal programs; State of Illinois programs; Applicable local vocational educational programs, including community college sponsored programs; and Other federal, state, county or non-profit programs that are currently available or will be developed and initiated over time. School District Costs The City may provide for payment of school district costs as provided for in the Act relating to residential components assisted through TIF funding. General Land Use Plan. As noted in Section I of this report, the proposed RPA currently contains primarily retail uses. Existing land uses are shown in Appendix 3 attached hereto and made a part of this Plan. Appendix 4 designates future land uses in the Redevelopment Project Area and includes retail, commercial, and mixed uses. Future land uses will conform to the Zoning Ordinance and the Comprehensive Plan as either may be amended from time to time. 298 of 447 Page 16 Additional Design and Control Standards. The appropriate design standards (including any Planned Unit Developments) as set forth in the City’s Zoning Ordinance and/or Comprehensive Plan shall apply to the RPA. Eligible Redevelopment Project Costs. Under the TIF statute, redevelopment project costs mean and include the sum total of all reasonable or necessary costs incurred or estimated to be incurred as well as any such costs incidental to the Plan. (Private investments, which supplement “Redevelopment Project Costs,” are expected to substantially exceed such redevelopment project costs.) Eligible costs permitted by the Act and pertaining to this Plan include: (1) Professional Service Costs – Costs of studies, surveys, development of plans, and specifications, implementation and administration of the redevelopment plan including but not limited to staff and professional service costs for architectural, engineering, legal, financial, planning or other services, provided however that no charges for professional services may be based on a percentage of the tax increment collected; except that on and after November 1, 1999 (the effective date of Public Act 91-478), no contracts for professional services, excluding architectural and engineering services, may be entered into if the terms of the contract extend beyond a period of 3 years. After consultation with the municipality, each tax increment consultant or advisor to a municipality that plans to designate or has designated a redevelopment project area shall inform the municipality in writing of any contracts that the consultant or advisor has entered into with entities or individuals that have received, or are receiving, payments financed by tax increment revenues produced by the redevelopment project area with respect to which the consultant or advisor has performed, or will be performing, service for the municipality. This requirement shall be satisfied by the consultant or advisor before the commencement of services for the municipality and thereafter whenever any other contracts with those individuals or entities are executed by the consultant or advisor;  The cost of marketing sites within the redevelopment project area to prospective businesses, developers, and investors;  Annual administrative costs shall not include general overhead or administrative costs of the municipality that would still have been incurred by the municipality if the municipality had not designated a redevelopment project area or approved a redevelopment plan;  In addition, redevelopment project costs shall not include lobbying expenses; (2) Property Assembly Costs – Costs including but not limited to acquisition of land and other property (real or personal) or rights or interests therein, demolition of buildings, site preparation, site improvements that serve as 299 of 447 Page 17 an engineered barrier addressing ground level or below ground environmental contamination, including, but not limited to parking lots and other concrete or asphalt barriers, and the clearing and grading of land; (3) Improvements to Public or Private Buildings – Costs of rehabilitation, reconstruction, repair, or remodeling of existing public or private buildings, fixtures, and leasehold improvements; and the cost of replacing an existing public building if pursuant to the implementation of a redevelopment project the existing public building is to be demolished to use the site for private investment or devoted to a different use requiring private investment; (4) Public Works – Costs of the construction of public works or improvements, except that on and after November 1, 1999, redevelopment project costs shall not include the cost of constructing a new municipal public building principally used to provide offices, storage space, or conference facilities or vehicle storage, maintenance, or repair for administrative, public safety, or public works personnel and that is not intended to replace an existing public building as provided under paragraph (3) of subsection (q) of Section 11-74.4-3 unless either (i) the construction of the new municipal building implements a redevelopment project that was included in a redevelopment plan that was adopted by the municipality prior to November 1, 1999 or (ii) the municipality makes a reasonable determination in the redevelopment plan, supported by information that provides the basis for that determination, that the new municipal building is required to meet an increase in the need for public safety purposes anticipated to result from the implementation of the redevelopment plan; (5) Job Training – Costs of job training and retraining projects, including the cost of "welfare to work" programs implemented by businesses located within the redevelopment project area; (6) Financing Costs – Costs including but not limited to all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued hereunder including (a) interest accruing during the estimated period of construction of any redevelopment project for which such obligations are issued and for a period not exceeding 36 months thereafter and (b) reasonable reserves related thereto; (7) Capital Costs – To the extent the municipality by written agreement accepts and approves the same, all or a portion of a taxing district's capital costs resulting from the redevelopment project necessarily incurred or to be incurred within a taxing district in furtherance of the objectives of the redevelopment plan and project; 300 of 447 Page 18 (8) School-Related Costs – For redevelopment project areas designated (or redevelopment project areas amended to add or increase the number of tax-increment-financing assisted housing units) on or after November 1, 1999, an elementary, secondary, or unit school district's increased costs attributable to assisted housing units located within the redevelopment project area for which the developer or redeveloper receives financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the assisted housing sites necessary for the completion of that housing as authorized by the Act, and which costs shall be paid by the municipality from the Special Tax Allocation Fund when the tax increment revenue is received as a result of the assisted housing units and shall be calculated annually;1 (9) Relocation Costs – To the extent that a municipality determines that relocation costs shall be paid or is required to make payment of relocation costs by federal or State law or in order to satisfy subparagraph (7) of subsection (n) of the Act; (10) Payment in lieu of taxes; (11) Other Job Training – Costs of job training, retraining, advanced vocational education or career education, including but not limited to courses in occupational, semi-technical or technical fields leading directly 1 The calculation is as follows: (A) for foundation districts, excluding any school district in a municipality with a population in excess of 1,000,000, by multiplying the district's increase in attendance resulting from the net increase in new students enrolled in that school district who reside in housing units within the redevelopment project area that have received financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the housing sites necessary for the completion of that housing as authorized by the Act since the designation of the redevelopment project area by the most recently available per capita tuition cost as defined in Section 10-20.12a of the School Code less any increase in general State aid as defined in Section 18-8.05 of the School Code attributable to these added new students subject to the following annual limitations: (i) for unit school districts with a district average 1995-96 Per Capita Tuition Charge of less than $5,900, no more than 25% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under the Act; (ii) for elementary school districts with a district average 1995-96 Per Capita Tuition Charge of less than $5,900, no more than 17% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under the Act; and (iii) for secondary school districts with a district average 1995-96 Per Capita Tuition Charge of less than $5,900, no more than 8% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under the Act. (B) For alternate method districts, flat grant districts, and foundation districts with a district average 1995- 96 Per Capita Tuition Charge equal to or more than $5,900, excluding any school district with a population in excess of 1,000,000, by multiplying the district's increase in attendance resulting from the net increase in new students enrolled in that school district who reside in housing units within the redevelopment project area that have received financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the housing sites necessary for the completion of that housing as authorized by the Act since the designation of the redevelopment project area by the most recently available per capita tuition cost as defined in Section 10-20.12a of the School Code less any increase in general state aid as defined in Section 18-8.05 of the School Code attributable to these added new students subject to the following annual limitations: (i) for unit school districts, no more than 40% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under the Act; (ii) for elementary school districts, no more than 27% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under the Act; and (iii) for secondary school districts, no more than 13% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under the Act. (C) For any school district in a municipality with a population in excess of 1,000,000, additional provisions apply. 301 of 447 Page 19 to employment, incurred by one or more taxing districts, provided that such costs (i) are related to the establishment and maintenance of additional job training, advanced vocational education or career education programs for persons employed or to be employed by employers located in a redevelopment project area; and (ii) when incurred by a taxing district or taxing districts other than the municipality, are set forth in a written agreement by or among the municipality and the taxing district or taxing districts, which agreement describes the program to be undertaken, including but not limited to the number of employees to be trained, a description of the training and services to be provided, the number and type of positions available or to be available, itemized costs of the program and sources of funds to pay for the same, and the term of the agreement. Such costs include, specifically, the payment by community college districts of costs pursuant to Sections 3-37, 3-38, 3-40 and 3-40.1 of the Public Community College Act and by school districts of costs pursuant to Sections 10-22.20a and 10-23.3a of The School Code; (12) Developer Interest Cost – Interest cost incurred by a redeveloper related to the construction, renovation or rehabilitation of a redevelopment project provided that: (A) Such costs are to be paid directly from the special tax allocation fund established pursuant to the Act; (B) Such payments in any one year may not exceed 30% of the annual interest costs incurred by the redeveloper with regard to the redevelopment project during that year; (C) If there are not sufficient funds available in the special tax allocation fund to make the payment then the amounts so due shall accrue and be payable when sufficient funds are available in the special tax allocation fund; (D) The total of such interest payments paid pursuant to the Act may not exceed 30% of the total (i) cost paid or incurred by the redeveloper for the redevelopment project plus (ii) redevelopment project costs excluding any property assembly costs and any relocation costs incurred by a municipality pursuant to the Act; (E) The cost limits set forth in subparagraphs (B) and (D) of paragraph shall be modified for the financing of rehabilitated or new housing units for low-income households and very low-income households, as defined in Section 3 of the Illinois Affordable Housing Act. The percentage of 75% shall be substituted for 30% in subparagraphs (B) and (D); (F) Instead of the eligible costs provided by subparagraphs (B) and (D), as modified by this subparagraph, and notwithstanding any other provisions of the Act to the contrary, the municipality may pay from tax increment revenues up to 50% of the cost of construction of new housing units to be occupied by low-income households and very low-income households as defined in Section 3 of the Illinois Affordable Housing Act. The cost of construction of those units may be derived from the proceeds of bonds issued by the municipality under 302 of 447 Page 20 the Act or other constitutional or statutory authority or from other sources of municipal revenue that may be reimbursed from tax increment revenues or the proceeds of bonds issued to finance the construction of that housing. The eligible costs provided under this subparagraph (F) shall be an eligible cost for the construction, renovation, and rehabilitation of all low and very low-income housing units, as defined in Section 3 of the Illinois Affordable Housing Act, within the redevelopment project area. If the low and very low-income units are part of a residential redevelopment project that includes units not affordable to low and very low-income households, only the low and very low- income units shall be eligible for benefits under subparagraph (F).2 The TIF Act prohibits certain costs. Unless explicitly stated herein the cost of construction of new privately-owned buildings shall not be an eligible redevelopment project cost. In addition, the statute prohibits costs related to retail development that results in the closing of nearby facilities of the same retailers. Specifically, none of the redevelopment project costs enumerated in the Act shall be eligible redevelopment project costs if those costs would provide direct financial support to a retail entity initiating operations in the redevelopment project area while terminating operations at another Illinois location within 10 miles of the redevelopment project area but outside the boundaries of the redevelopment project area municipality.3 Projected Redevelopment Project Costs. Estimated project costs are shown in Exhibit 4 below. Adjustments to estimated line-item costs below are expected and may be made without amendment to the Redevelopment Plan. Each individual project cost will be reevaluated in light of the projected private development and resulting tax revenues as it is considered for public financing under the provisions of the Act. Further, the projected cost of an individual line-item as set forth below is not intended to place a limit on the described line-item expenditure. Adjustments may be made in line-items, either increasing or decreasing line-item costs for redevelopment. The specific items listed below are not intended to preclude payment of other eligible redevelopment project costs in connection with the 2 The standards for maintaining the occupancy by low-income households and very low-income households, as defined in Section 3 of the Illinois Affordable Housing Act, of those units constructed with eligible costs made available under the provisions of this subparagraph (F) of paragraph (11) shall be established by guidelines adopted by the municipality. The responsibility for annually documenting the initial occupancy of the units by low-income households and very low-income households, as defined in Section 3 of the Illinois Affordable Housing Act, shall be that of the then current owner of the property. For ownership units, the guidelines will provide, at a minimum, for a reasonable recapture of funds, or other appropriate methods designed to preserve the original affordability of the ownership units. For rental units, the guidelines will provide, at a minimum, for the affordability of rent to low and very low-income households. As units become available, they shall be rented to income-eligible tenants. The municipality may modify these guidelines from time to time; the guidelines, however, shall be in effect for as long as tax increment revenue is being used to pay for costs associated with the units or for the retirement of bonds issued to finance the units or for the life of the redevelopment project area, whichever is later. 3 Termination means a closing of a retail operation that is directly related to the opening of the same operation or like retail entity owned or operated by more than 50% of the original ownership in a redevelopment project area, but it does not mean closing an operation for reasons beyond the control of the retail entity, as documented by the retail entity, subject to a reasonable finding by the municipality that the current location contained inadequate space, had become economically obsolete, or was no longer a viable location for the retailer or serviceman. 303 of 447 Page 21 redevelopment of the RPA, provided the total amount of payment for eligible redevelopment project costs (the “Total Estimated TIF Budget” in Exhibit 4) shall not exceed the amount set forth below, as adjusted pursuant to the Act. Exhibit 4 RPA Project Cost Estimates Program Actions/Improvements Estimated Costs Land Acquisition, Assembly, and Relocation $500,000 Site Preparation, Including Environmental Remediation, Demolition, and Site Grading $4,000,000 Utility Improvements (Including Water, Storm, Sanitary Sewer, Service of Public Facilities, and Road Improvements) $3,000,000 Rehabilitation of Existing Structures; Taxing District Capital Improvements $4,750,000 Public Facilities (including Parking Facilities and Streetscaping) $4,000,000 Interest Costs Pursuant to the Act $1,250,000 Professional Service Costs (Including Planning, Legal, Engineering, Administrative, Annual Reporting, and Marketing) $1,250,000 Job Training $1,000,000 Statutory School District Payments $250,000 TOTAL ESTIMATED TIF BUDGET $20,000,000 Notes: (1) All project cost estimates are in 2012 dollars. Costs may be adjusted for inflation per the TIF Act. (2) In addition to the costs identified in the exhibit above, any bonds issued to finance a phase of the Project may include an amount sufficient to pay (a) customary and reasonable charges associated with the issuance of such obligations, (b) interest on such bonds, and (c) capitalized interest and reasonably required reserves. (3) Adjustments to the estimated line-item costs above are expected. Adjustments may be made in line-items within the total, either increasing or decreasing line-items costs for redevelopment. Each individual project cost will be reevaluated in light of the projected private development and resulting tax revenues as it is considered for public financing under the provisions of the Act. The individual line-items set forth above are not intended to place an individual limit on the described expenditures – provided that the total amount of payments for eligible redevelopment project costs shall not exceed the “total estimated TIF budget” listed above. As explained in the following sub-section, incremental property tax revenues from any contiguous RPA may used to pay eligible costs for the Dempster/Dodge TIF. Sources of Funds to Pay Redevelopment Project Costs. Funds necessary to pay for public improvements and other project costs eligible under the Act are to be derived principally from incremental property tax revenues, proceeds from municipal obligations to be retired primarily with such revenues, and interest earned on resources available but not immediately needed for the Plan. In addition, pursuant to the TIF Act and this Plan, the City may utilize net incremental property tax revenues received from other contiguous RPAs to pay eligible redevelopment project costs or obligations issued to pay such costs in contiguous project areas. This would include contiguous TIFs that the City may establish in the future. (Conversely, incremental revenues from the Dempster/Dodge TIF may be allocated to any contiguous TIF Districts.) 304 of 447 Page 22 Redevelopment project costs as identified in Exhibit 4 specifically authorize those eligible costs set forth in the Act and do not address the preponderance of the costs to redevelop the area. The majority of development costs will be privately financed. TIF or other public sources are to be used, subject to approval by the City Council, only to leverage and commit private redevelopment activity. The incremental tax revenues which will be used to pay debt service on the municipal obligations (if any) and to directly pay redevelopment project costs shall be the incremental increase in property taxes. The property tax increment would be attributable to the increase in the equalized assessed value of each taxable lot, block, tract or parcel of real property in the RPA – over and above the initial equalized assessed value of each such lot, block, tract or parcel in the RPA in the 2010 tax year for the RPA. Among the other sources of funds which may be used to pay for redevelopment project costs and debt service on municipal obligations issued to finance project costs are the following: certain local sales or utility taxes, special service area taxes, the proceeds of property sales, certain land lease payments, certain Motor Fuel Tax revenues, certain state and federal grants or loans, certain investment income, and such other sources of funds and revenues as the City may from time to time deem appropriate. Nature and Term of Obligations to Be Issued. The City may issue obligations secured by the Special Tax Allocation Fund established for the Redevelopment Project Area pursuant to the Act or such other funds as are available to the City by virtue of its power pursuant to the Illinois State Constitution. Any and all obligations issued by the Village pursuant to this Plan and the Act shall be retired not more than twenty-three (23) years after the date of adoption of the ordinance approving the RPA, or as such a later time permitted pursuant to the Act and to the extent such obligations are reliant upon the collection of incremental property tax revenues from the completion of the twenty-third year of the TIF, with taxes collected in the twenty-fourth year. However, the final maturity date of any obligations issued pursuant to the Act may not be later than twenty (20) years from their respective date of issuance. One or more series of obligations may be issued from time to time in order to implement this Plan. The total principal and interest payable in any year on all obligations shall not exceed the amount available in that year or projected to be available in that year. The total principal and interest may be payable from tax increment revenues (including tax increment revenues from current or future contiguous TIF Districts) and from bond sinking funds, capitalized interest, debt service reserve funds, and all other sources of funds as may be provided by ordinance. 305 of 447 Page 23 Certain revenues may be declared as surplus funds if not required for: principal and interest payments, required reserves, bond sinking funds, redevelopment project costs, early retirement of outstanding securities, or facilitating the economical issuance of additional bonds necessary to accomplish the Redevelopment Plan. Such surplus funds shall then become available for distribution annually to taxing districts overlapping the RPA in the manner provided by the Act. Securities may be issued on either a taxable or tax-exempt basis, as general obligation or revenue bonds. Further, the securities may be offered on such terms as the City may determine, with or without the following features: capitalized interest; deferred principal retirement; interest rate limits (except as limited by law); and redemption provisions. Additionally, such securities may be issued with either fixed rate or floating interest rates. Most Recent Equalized Assessed Valuation for the RPA. The most recent equalized assessed valuation for the RPA is based on the 2010 EAV, and is estimated to be approximately $10,816,879. It is anticipated the estimated base EAV for establishment of the RPA will be the 2010 EAV. (The 2010 EAV estimate herein is to be updated when the State of Illinois equalizer is published and values are certified.) Anticipated Equalized Assessed Valuation for the RPA. Upon completion of the anticipated private development of the RPA over a twenty- three (23) year period, it is estimated that the EAV of the property within the RPA would increase to approximately $30,000,000 to $35,000,000 depending upon market conditions and the scope of the redevelopment projects. 306 of 447 Page 24 VII. DESCRIPTION AND SCHEDULING OF REDEVELOPMENT PROJECT Redevelopment Project. The City will implement a strategy with full consideration given to the availability of both public and private funding. It is anticipated that a phased redevelopment will be undertaken. The Redevelopment Project will begin as soon as the private entities have obtained financing approvals for appropriate projects and such uses conform to City zoning and planning requirements, or if the City undertakes redevelopment activities pursuant to this Plan. Depending upon the scope of the development as well as the actual uses, the following activities may be undertaken by the City:  Land Assembly and Relocation: Certain properties in the RPA may be acquired and assembled into an appropriate redevelopment site, with relocation costs undertaken as provided by the Act. If necessary, the City would facilitate private acquisition through reimbursement or write-down of related costs, including without limitation the acquisition of land needed for construction of public improvements.  Demolition and Site Preparation: The existing improvements located within the RPA may have to be reconfigured or prepared to accommodate new uses or expansion plans. Demolition of certain parcels may be necessary for future projects. Additionally, the redevelopment plan contemplates site preparation, or other requirements including environmental remediation necessary to prepare the site for desired redevelopment projects.  Rehabilitation: The City may assist in the rehabilitation of buildings or site improvements located within the RPA.  Landscaping/Buffering/Streetscaping: The City may fund certain landscaping projects, which serve to beautify public properties or rights-of- way and provide buffering between land uses.  Water, Sanitary Sewer, Storm Sewer and Other Utility Improvements: Certain utilities may be extended or re-routed to serve or accommodate the new development. Upgrading of existing utilities may be undertaken. The City may also undertake the provision of necessary detention or retention ponds.  Roadway/Street/Parking Improvements: The City may widen and/or vacate existing roads. Certain secondary streets/roads may be extended or constructed. Related curb, gutter, and paving improvements could also be constructed as needed. Parking facilities may be constructed that would be available to the public. Utility services may also be provided or relocated in order to accommodate redevelopment activities. 307 of 447 Page 25  Traffic Control/Signalization: Traffic control or signalization improvements that improve access to the RPA and enhance its redevelopment may be constructed.  Public Safety-Related Infrastructure: Certain public safety improvements including, but not limited to, public signage, public facilities, and streetlights may be constructed or implemented.  School District Costs: The payment of such costs may be provided pursuant to the requirements of the TIF Act.  Interest Costs Coverage: The City may fund certain interest costs incurred by a developer for construction, renovation or rehabilitation of a redevelopment project. Such funding would be paid for out of annual tax increment revenue generated from the RPA as allowed under the Act.  Professional Services: The City may fund necessary planning, legal, engineering, administrative and financing costs during project implementation. The City may reimburse itself from annual tax increment revenue if available. Commitment to Fair Employment Practices and Affirmative Action. As part of any Redevelopment Agreement entered into by the City and any private developers, both parties will agree to establish and implement an honorable, progressive, and goal-oriented affirmative action program that serves appropriate sectors of the City. The program will conform to the most recent City policies and plans. With respect to the public/private development’s internal operations, both entities will pursue employment practices which provide equal opportunity to all people regardless of sex, color, race, creed, or sexual orientation. Neither party will discriminate against any employee or applicant because of sex, marital status, national origin, age, sexual orientation, or the presence of physical handicaps. These nondiscriminatory practices will apply to all areas of employment, including: hiring, upgrading and promotions, terminations, compensation, benefit programs, and education opportunities. All those involved with employment activities will be responsible for conformance to this policy and compliance with applicable state and federal regulations. The City and private developers will adopt a policy of equal employment opportunity and will include or require the inclusion of this statement in all contracts and subcontracts at any level. Additionally, any public/private entities will seek to ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which all employees 308 of 447 Page 26 are assigned to work. It shall be specifically ensured that all on-site supervisory personnel are aware of and carry out the obligation to maintain such a working environment, with specific attention to minority and/or female individuals. Finally, the entities will utilize affirmative action to ensure that business opportunities are provided and that job applicants are employed and treated in a nondiscriminatory manner. Underlying this policy is the recognition by the entities that successful affirmative action programs are important to the continued growth and vitality of the community. Completion of Redevelopment Project and Retirement of Obligations to Finance Redevelopment Costs. This Redevelopment Project and retirement of all obligations to finance redevelopment costs will be completed within twenty-three (23) years after the adoption of an ordinance designating the Redevelopment Project Area. The actual date for such completion and retirement of obligations shall not be later than December 31 of the year in which the payment to the municipal treasurer pursuant to the Act is to be made with respect to ad valorem taxes levied in the twenty-third calendar year after the ordinance approving the RPA is adopted. 309 of 447 Page 27 VIII. PROVISIONS FOR AMENDING THE TIF PLAN AND PROJECT This Plan may be amended pursuant to the provisions of the Act. 310 of 447 APPENDIX 1 Legal Description of Project Area 311 of 447 KR/jmc S:\EVANSTON\120101\Survey\Plots\2012-02-24\Legal Description-DEMPSTER&DODGE TIF.022012.doc LEGAL DESCRIPTION (DEMPSTER/DODGE TIF): THAT PART OF THE NORTH HALF OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 IN BANBURY THIRD CONSOLIDATION, BEING A PLAT IN THAT PART OF THE NORTHWEST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 27, 1987 AS DOCUMENT NO. 87162463; THENCE SOUTHWESTERLY, WESTERLY, SOUTHWESTERLY, SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 1 TO A POINT THAT IS 241.64 FEET NORTHWESTERLY OF THE MOST SOUTHWESTERLY CORNER OF SAID LOT 1 AS MEASURED ALONG SAID NORTHWESTERLY LINE; THENCE SOUTHEASTERLY AT A RIGHT ANGLE TO SAID NORTHWESTERLY LINE 5.00 FEET; THENCE SOUTHWESTERLY ALONG A LINE 5.00 FEET SOUTHEASTERLY OF AND PARALLEL TO SAID NORTHWESTERLY LINE TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF GREENLEAF STREET; THENCE EASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE OF GREENLEAF STREET TO THE SOUTHWEST CORNER OF LOT 1 IN ARENS CONTROLS, INC. CONSOLIDATION, BEING A PART OF THE NORTHWEST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED MAY 20, 1992 AS DOCUMENT NO. 92349794; THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF SAID LOT 1 IN ARENS CONTROLS, INC. CONSOLIDATION TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 1 TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 40.00 FEET, AN ARC LENGTH OF 64.45 FEET TO A POINT OF TANGENCY ON THE EAST LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG SAID EAST LINE TO A CORNER POINT FOR LOT 1 IN SAID BANBURY THIRD CONSOLIDATION; THENCE 312 of 447 KR/jmc S:\EVANSTON\120101\Survey\Plots\2012-02-24\Legal Description-DEMPSTER&DODGE TIF.022012.doc EASTERLY ALONG THE SOUTH LINE OF SAID LOT 1 IN BANBURY THIRD CONSOLIDATION TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF BROWN AVENUE; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE OF BROWN AVENUE TO A POINT ON THE SOUTH LINE OF SAID LOT 1 IN BANBURY THIRD CONSOLIDATION; THENCE EASTERLY ALONG SAID SOUTH LINE OF LOT 1 AND THE EASTERLY EXTENSION THEREOF TO THE EAST RIGHT-OF-WAY LINE OF DODGE AVENUE; THENCE NORTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT 1 IN KEAT’S RESUBDIVISION, BEING A SUBDIVISION IN THE NORTHEAST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 28, 1989 AS DOCUMENT NO. 89458950; THENCE WESTERLY ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 1 TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID DODGE AVENUE; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF DEMPSTER STREET; THENCE WESTERLY, NORTHERLY AND WESTERLY ALONG SAID SOUTH RIGHT-OF- WAY LINE TO THE POINT OF BEGINNING. 313 of 447 APPENDIX 2 Boundary Map of RPA 314 of 447 315 of 447 APPENDIX 3 Existing Land Use Map of RPA 316 of 447 PROJECT NO.CALC. DRAWING NO. DWN. CHKD. SCALE: DATE: SHEET OF 9575 West Higgins Road (847) 823-0500 Suite 600, Rosemont, Illinois 60018 ENGINEERING, LTD.IN PREPARED FOR 1 1 1"=150’ 120101 CITY OF EVANSTON, ILLINOIS CITY OF EVANSTON 17.9 AC.| SCALE IN FEET 0 150 AJK KJR JRM 02-24-2012 TIF120101B S:\EVANSTON\120101\SURVEY\TIF120101B.SUR QUARTER OF SECTION 24-41-13EAST LINE OF THE NORTHWESTQUARTER OF SECTION 24-41-13WEST LINE OF THE NORTHEASTQUARTER OF SECTION 13-41-13 SOUTH LINE OF THE SOUTHWEST WEST EVANSTONEXSITING TIF #6QUARTER OF SECTION 24-41-13 NORTH LINE OF THE NORTHWEST DEMPSTER / DODGE TIF DEMPSTER / DODGE TIF POINT OF BEGINNING CURRENT LAND USE MAP 317 of 447 APPENDIX 4 Future Land Use Map of RPA 318 of 447 PROJECT NO.CALC. DRAWING NO. DWN. CHKD. SCALE: DATE: SHEET OF 9575 West Higgins Road (847) 823-0500 Suite 600, Rosemont, Illinois 60018 ENGINEERING, LTD.IN PREPARED FOR 1 1 1"=150’ 120101 CITY OF EVANSTON, ILLINOIS CITY OF EVANSTON 17.9 AC.| SCALE IN FEET 0 150 AJK KJR JRM 02-24-2012 TIF120101B S:\EVANSTON\120101\SURVEY\TIF120101B.SUR QUARTER OF SECTION 24-41-13EAST LINE OF THE NORTHWESTQUARTER OF SECTION 24-41-13WEST LINE OF THE NORTHEASTQUARTER OF SECTION 13-41-13 SOUTH LINE OF THE SOUTHWEST WEST EVANSTONEXSITING TIF #6QUARTER OF SECTION 24-41-13 NORTH LINE OF THE NORTHWEST DEMPSTER / DODGE TIF DEMPSTER / DODGE TIF POINT OF BEGINNING FUTURE LAND USE MAP 319 of 447 APPENDIX 5 TIF Qualification Report Prepared by Kane, McKenna and Associates 320 of 447 CITY OF EVANSTON, ILLINOIS PRELIMINARY TIF QUALIFICATION REPORT PROPOSED DEMPSTER/DODGE REDEVELOPMENT PROJECT AREA A preliminary analysis to assess the likelihood that all or a portion of an area located in the City of Evanston would qualify as a blighted-improved area as defined in the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-3, et seq., as amended. Prepared for: City of Evanston, Illinois Prepared Jointly by: Kane, McKenna and Associates, Inc. and The City of Evanston April 2012 DRAFT As of April 10, 2012 321 of 447 PROPOSED DEMPSTER/DODGE REDEVELOPMENT PROJECT AREA TIF QUALIFICATION ASSESSMENT TABLE OF CONTENTS SECTION TITLE PAGE Executive Summary i I. Background 1 II. Qualification Criteria 2 III. Evaluation Methodology 5 IV. Qualification Findings for Proposed RPA 6 V. Summary of Findings; Overall Assessment 10 of Qualification 322 of 447 ______________________________________________________________________________ i EXECUTIVE SUMMARY Kane, McKenna and Associates, Inc. (KMA) has been retained by the City of Evanston, Illinois (the “City”) to conduct an analysis of the potential qualification and designation of certain property located in the City, to be addressed herein as the proposed Redevelopment Project Area (the “RPA” or “TIF District”). The City is pursuing the RPA designation as part of its strategy to promote the revitalization of the property and thereby assist the City in achieving its public policy goal of promoting economic redevelopment. By undertaking the designation, the City will help strengthen the RPA as a significant contributor to the City’s overall economic base. Based upon the preliminary analysis completed to date, KMA has reached the following conclusions regarding the potential qualification of the RPA as a TIF District: 1) The proposed TIF District meets the criteria for a “blighted area” with improvements, as the term is defined under the TIF Act – Overall, the parcels within the proposed TIF District either have declined, or are in danger of declining, toward a blighted condition. This condition prevents, or threatens to prevent, the healthy economic and physical development of properties in a manner that the community deems essential to its overall economic health. 2) Current conditions impede redevelopment – The conditions found within the proposed TIF District present a barrier to the area’s successful redevelopment. Without the use of City planning and economic development resources to mitigate such conditions, potential redevelopment activities are not likely to be economically feasible. 3) Viable redevelopment sites could produce incremental revenue – Within the proposed TIF District, there are parcels which potentially could be redeveloped or rehabilitated and thereby produce incremental property tax revenue or additional sales tax revenue. Such revenue, used in combination with other City resources for redevelopment incentives or public improvements, would likely stimulate private investment and job creation in these sites and ultimately throughout the TIF District. 4) Pursuit of TIF designation is recommended – To mitigate the existing conditions (thereby promoting the improved physical condition of the proposed RPA) and to leverage the City’s investment and redevelopment efforts, KMA recommends that the City pursue the formal TIF designation process for the RPA. Because the City will not pursue the redevelopment of residential parcels that could potentially dislocate 10 or more residential units within the proposed TIF district, the City will not conduct a housing impact study pursuant to the TIF Act. 323 of 447 ______________________________________________________________________________ 1 I. BACKGROUND In the context of planning for the proposed Redevelopment Project Area, the City has initiated a study of the area to determine whether it would potentially qualify as a TIF District. Kane, McKenna and Associates, Inc. agreed to undertake the study of the proposed RPA or TIF District on the City’s behalf. Current Land Use. The proposed RPA is a compact area situated at the southwest corner of Dempster Road and Dodge Avenue. The Dempster/Dodge intersection is a key commercial node in Evanston, and though currently underutilized, it has a number of assets that could be leveraged as part of its future redevelopment. Overall, the area faces a number of redevelopment impediments as described in Section IV of this report. Obsolescence and excessive vacancies are the principal impediments that reduce the competitiveness of the area. General Redevelopment Objectives. The redevelopment of the proposed RPA is consistent with the City’s overarching land use objectives, which are contained in the Comprehensive Plan, zoning ordinance and other land use planning elements. In the Comprehensive Plan adopted in 2000, the City has articulated a number of economic development objectives which would be supported by the City’s adoption of the proposed RPA as a TIF District. For example, a goal is to promote “growth and redevelopment of businesses, commercial, and industrial areas” including the Dempster/Dodge area. It further states that the City of Evanston “has an interest in the success of this important intersection and should support redevelopment plans that will enhance the commercial area.” Given the gap between the City’s goals for the area versus the current conditions described in this report, the City has determined that the redevelopment of the proposed RPA would be highly beneficial to the community. With a redevelopment strategy in place, the economic base of the RPA would be stabilized and increased – thereby benefiting the community as a whole. Without such a redevelopment strategy, the adverse conditions identified in this report would likely worsen. General Scope and Methodology. KMA performed its analysis by conducting a series of meetings and discussions with City staff, starting in September 2011 and continuing periodically up to the date of this report. The purpose of the meetings was to gather data related to the qualification criteria for properties included in the study area. These meetings were complemented by a series of field surveys for the entire area to evaluate the condition of the proposed RPA, on a parcel-by-parcel basis. The field surveys and data collected have been utilized to test the likelihood that the proposed RPA would qualify for TIF designation. The qualification factors discussed in this report would qualify the proposed RPA as a blighted-improved area, as the term is defined pursuant to the TIF Act. For additional information about KMA’s data collection and evaluation methods, refer to Section III of this report. 324 of 447 ______________________________________________________________________________ 2 II. QUALIFICATION CRITERIA With the assistance of City staff, Kane, McKenna and Associates, Inc. assessed the proposed RPA to determine the likelihood that qualifying factors listed in the Act would be present. The relevant provisions of the Act are cited below. The Act sets out specific procedures which must be adhered to in designating a redevelopment project area (RPA). By definition, a “redevelopment project area” is: “An area designated by the municipality, which is not less in the aggregate than 1½ acres and in respect to which the municipality has made a finding that there exist conditions which cause the area to be classified as a blighted area or a Conservation Area, or a combination of both blighted areas and Conservation Areas.” Under the Act, “blighted-improved area” means any improved or vacant area within the boundaries of a redevelopment project area located within the territorial limits of the municipality where certain conditions are met, as identified below. TIF Qualification Factors for a Blighted-Improved Area. In accordance with the TIF Act, KMA performed an assessment to determine if the proposed RPA qualified as a blighted-improved area. The following factors were examined to determine TIF qualification: If a blighted-improved area, industrial, commercial and residential buildings or improvements are detrimental to the public safety, health or welfare because of a combination of five (5) or more of the following factors, each of which is (i) present, with that presence documented to a meaningful extent so that a municipality may reasonably find that the factor is clearly present within the intent of the Act and (ii) reasonably distributed throughout the improved part of the redevelopment project area: (A) Dilapidation. An advanced state of disrepair or neglect of necessary repairs to the primary structural components of building or improvements in such a combination that a documented building condition analysis determines that major repair is required or the defects are so serious and so extensive that the buildings must be removed. (B) Obsolescence. The condition or process of falling into disuse. Structures become ill-suited for the original use. (C) Deterioration. With respect to buildings, defects include but are not limited to, major defects in the secondary building components such as doors, windows, porches, gutters, downspouts, and fascia. With respect to surface improvements, that the condition of roadways, alleys, curbs, gutters, sidewalks, off-street parking and surface storage areas evidence deterioration, including, but 325 of 447 ______________________________________________________________________________ 3 limited to, surface cracking, crumbling, potholes, depressions, loose paving material and weeds protruding through paved surfaces. (D) Presence of Structures Below Minimum Code Standards. All structures that do not meet the standards of zoning, subdivision, building, fire and other governmental codes applicable to property, but not including housing and property maintenance codes. (E) Illegal Use of Individual Structures. The use of structures in violation of applicable federal, State, or local laws, exclusive of those applicable to the presence of structures below minimum code standards. (F) Excessive Vacancies. The presence of buildings that are unoccupied or under-utilized and that represent an adverse influence on the area because of the frequency, extent or duration of the vacancies. (G) Lack of Ventilation, Light, or Sanitary Facilities. The absence of adequate ventilation for light or air circulation in spaces or rooms without windows, or that require the removal of dust, odor, gas, smoke or other noxious airborne materials. Inadequate natural light and ventilation means the absence of skylights or windows for interior spaces or rooms and improper window sizes and amounts by room area to window area ratios. Inadequate sanitary facilities refers to the absence or inadequacy of garbage storage and enclosure, bathroom facilities, hot water and kitchens and structural inadequacies preventing ingress and egress to and from all rooms and units within a building. (H) Inadequate Utilities. Underground and overhead utilities such as storm sewers and storm drainage, sanitary sewers, water lines and gas, telephone and electrical services that are shown to be inadequate. Inadequate utilities are those that are: (i) of insufficient capacity to serve the uses in the redevelopment project area; (ii) deteriorated, antiquated, and obsolete or in disrepair; or (iii) lacking within the redevelopment project area. (I) Excessive Land Coverage and Overcrowding of Structures and Community Facilities. The over-intensive use of property and the crowding of buildings and accessory facilities onto a site. Examples of problem conditions warranting the designation of an area as exhibiting excessive land coverage are: (i) the presence of buildings either improperly situated on parcels or located on parcels of inadequate size and shape in relation to present-day standards of development for health and safety and (ii) the presence of multiple buildings on a single parcel. For there to be a finding of excessive land coverage, these parcels must exhibit one or more of the following conditions: insufficient provision for light and air within or around buildings, increased threat of spread of fire due to the close proximity of buildings, lack of adequate or proper access to a public right-of-way, lack of reasonably required off-street parking or inadequate provision for loading service. 326 of 447 ______________________________________________________________________________ 4 (J) Deleterious Land-Use or Layout. The existence of incompatible land-use relationships, buildings occupied by inappropriate mixed-uses, or uses considered to be noxious, offensive or unsuitable for the surrounding area. (K) Environmental Clean-Up. The proposed redevelopment project area has incurred Illinois Environmental Protection Agency or United States Environmental Protection Agency remediation costs for (or a study conducted by an independent consultant recognized as having expertise in environmental remediation has determined a need for) the clean-up of hazardous waste, hazardous substances or underground storage tanks required by State or federal law. Any such remediation costs would constitute a material impediment to the development or redevelopment of the redevelopment project area. (L) Lack of Community Planning. The proposed redevelopment project area was developed prior to or without the benefit or guidance of a community plan. This means that the development occurred prior to the adoption by the municipality of a comprehensive or other community plan or that the plan was not followed at the time of the area’s development. This factor must be documented by evidence of adverse or incompatible land-use relationships, inadequate street layout, improper subdivision, parcels of inadequate shape and size to meet contemporary development standards or other evidence demonstrating an absence of effective community planning. (M) “Stagnant” EAV. The total equalized assessed value (EAV) of the proposed redevelopment project area has declined for three (3) of the last five (5) calendar years, or is increasing at an annual rate that is less than the balance of the municipality for three (3) of the last five (5) calendar years, or is increasing at an annual rate that is less than the Consumer Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for three (3) of the last five (5) calendar years. The finding is based on the last 5 years for which information is available. 327 of 447 ______________________________________________________________________________ 5 III. EVALUATION METHODOLOGY In evaluating the proposed RPA’s potential qualification as a TIF District, the following methodology was utilized: 1) Site surveys of the RPA were undertaken by representatives from Kane, McKenna and Associates, Inc., supplemented with photographic analysis of the sites. Site surveys were completed for each parcel of land within the proposed RPA. 2) KMA conducted evaluations of exterior structures and associated site improvements, noting such conditions as overcrowding and obsolescence. Additionally, KMA reviewed the following data: 2005-2010 tax information from Cook County, Sidwell parcel tax maps, historical aerial photos, site data, local history (including discussions with City staff), and an evaluation of area-wide factors that have affected the area's development (e.g., obsolescence, deleterious land-use and layout, etc.). 3) Existing structures and site conditions were initially surveyed only in the context of checking, to the best and most reasonable extent available, TIF Act factors applicable to specific structures and site conditions of the parcels. 4) The RPA was examined to assess the applicability of the different factors required for qualification as a TIF district. Examination was made by reviewing the information and determining how each measured when evaluated against the relevant factors. The RPA was evaluated to determine the applicability of the thirteen (13) different factors, as defined under the Act, which would qualify the area as a TIF district. 328 of 447 ______________________________________________________________________________ 6 IV. QUALIFICATION FINDINGS FOR PROPOSED RPA Based upon KMA’s preliminary evaluation of parcels in the proposed RPA and analysis of each of the eligibility factors summarized in Section II, the following factors are presented to support qualification of the proposed RPA as a blighted-improved area under the TIF Act. These factors are summarized in the table below. Exhibit 2 Summary of TIF-Qualifying Factors Maximum Possible Factors per Statute Minimum Factors Needed to Qualify per Statute Qualifying Factors Present in Proposed RPA 13 5 6 Lagging EAV Excessive Vacancies Obsolescence Deleterious Layout Inadequate Utilities Environmental Remediation Findings for RPA. The proposed RPA meets the qualifications for a blighted- improved area under the statutory criteria set forth in the TIF Act. KMA reviewed the criteria needed to qualify the area as a blighted-improved area, determining that 6 factors were likely to be present: 1. Lagging or Declining EAV. The EAV of the TIF District has grown at a rate slower than the City-wide EAV for 4 of the last 5 years (refer to chart below). Additionally, TIF District EAV has lagged the Consumer Price Index for 4 of the past 5 years. Therefore, a finding of lagging EAV is made pursuant to the TIF Act. 329 of 447 ______________________________________________________________________________ 7 Exhibit 3 EAV Trends for Proposed TIF District 2010 2009 2008 2007* 2006 2005 Total EAV for TIF District 10,816,879 10,712,129 14,148,341 13,508,513 13,346,272 13,493,788 EAV Change (%) 1.0% -24.3% 4.7% 1.2% -1.1% City-wide EAV (Excluding TIF) 3,031,067,208 3,295,277,240 2,924,249,551 2,758,831,516 2,232,546,474 2,229,259,234 City EAV Change (%) -8.0% 12.7% 6.0% 23.6% 0.1% CPI 1.6% -0.4% 3.8% 2.8% 3.2% Notes: (1) Figures in bold for those years in which City EAV exceeded growth rate of EAV within proposed TIF District. (2) Reassessment years asterisked. Source: Cook County and U.S. Bureau of Labor Statistics 2. Excessive Vacancies. The TIF Act states that this finding is characterized by the presence of unoccupied or underutilized buildings that represent an adverse influence on the area. The proposed Dempster/Dodge TIF District has numerous vacant or partially vacant structures, including partial vacancies for 3 structures having the following addresses/users: Dempster/Dodge Plaza – Building 1 Former A.J. Wright retailer 1112 Dodge 1118 Dodge 1122 Dodge 1908E Dempster Dempster/Dodge Plaza – Building 2 Former Frank’s Nursery Former Dollar Store 1938 Dempster Former EZ Laundry 1958 Dodge 1960 Dodge Dempster/Dodge Plaza – Building 3 (Outlot) 1152 Dodge 1168 Dodge 1900A Dempster According to the current property owner, only 52% of the plaza is leased as of January 2012. Moreover, the remaining unused space is not caused by transitional vacancies or turnover, but instead are relatively long-term vacancies of approximately one year or 330 of 447 ______________________________________________________________________________ 8 longer. Because of (a) the reduced economic activity associated with vacancies, (b) the size of the facility (over 200,000 square feet of built space), and (c) the prominent location along two major local roads, the vacant structures represent an adverse influence on the overall TIF District. 3. Obsolescence. The Act states that obsolescence is the condition or process of falling into disuse or structures that have become ill-suited for their original use. Overall, the RPA exhibits both functional and economic obsolescence. Economic obsolescence is manifested by the lagging EAV first and foremost. As mentioned, the EAV has lagged the City EAV growth rate for 4 of the past 5 years. Moreover, the most current EAV figures (tax year 2010) are still below the 2005 levels and have not rebounded. The numerous store vacancies observed among the 3 Dempster/Dodge Plaza buildings reflect both economic obsolescence and (in functional terms) a literal “disuse” of structures. Additionally, the larger vacant spaces are obsolete and would need to be adapted for smaller end users (requiring the space to be reconfigured for a smaller layout, changed loading bays, etc.). 4. Deleterious Layout. As noted in Section II, a municipality can make a finding of deleterious layout or land use when there exists either (a) incompatible land-use relationships, (b) buildings occupied by inappropriate mixed-uses or uses considered to be noxious, or (c) uses offensive or unsuitable for the surrounding area. Most of the problems in the area reflect incompatible land use relationships. The area reflects piece-meal, uncoordinated development, in which competing land uses abut each other -- e.g., commercial uses are situated next to residential uses within the TIF District, and residential uses outside the TIF District abut commercial uses within the TIF District. KMA observed the following indicators of deleterious land-use/layout: Minimal buffering between a residential and non-residential uses - In particular, the commercial structures along Dodge Avenue are situated directly against residences, with minimal or no buffering. Ingress and egress are problematic – It is difficult for cars to exit leaving the Dodge Avenue structures and then turning south (into traffic). The ingress/egress problems are exacerbated by the fact that the traffic volume is heavy along Dodge Avenue, in comparison to other north/south streets in the neighborhood. Loading and unloading – The southern side of the Dempster/Dodge Plaza facility has a narrow approach for the larger trucks serving the Dominick’s food store. 5. Inadequate Utilities. The Act states that overhead or underground utilities that are deteriorated, antiquated, obsolete or in disrepair are considered inadequate. Also, those utilities that lack the capacity to meet future development demands are considered inadequate. Utilities would include: storm sewers, storm drainage, sanitary sewers, water lines and gas, telephone and electrical services. 331 of 447 ______________________________________________________________________________ 9 Based on the City’s Director of Utilities analysis from December 2011, the existing public utilities in the area are antiquated and obsolete, and certain components reflect deterioration/disrepair. In particular, aged water mains and combined sewers demonstrate obsolescence and require repair. The City Engineer’s analysis demonstrates the following conditions: - The combined sewer system is generally inadequate, due to age (over 100 years old) and use of obsolete materials; - Materials such as brick, cast iron, and clay tile are obsolete, because modern materials such as PVC pipe, ductile iron and reinforced concrete are now the industry standard; and - Water and sanitary sewer for certain components need replacement, including sewer along Dodge Avenue extending from Dempster to Crain. According the Director of Utilities, the modern materials are more durable and would be less likely to fail. 6. Environmental Remediation. As indicated in Section III, a qualifying factor under the TIF Act relates to environmental remediation if the area has (a) incurred Illinois/U.S. Environmental Protection Agency remediation costs, or (b) a study has determined a need for environmental clean-up. The area has previously incurred said costs, with a “No Further Remediation” letter indicating the absorption of said costs. Moreover, the efforts to address the environmental problems have resulted in an “engineered barrier” to prevent the migration of contaminants. While necessary to protect the environment and complete the clean-up project, the need to leave the engineered barrier in place has limited the marketability of the parcels within the proposed TIF District and reduced the re-use potential of the site – thereby creating an impediment to the redevelopment of the project area. 332 of 447 ______________________________________________________________________________ 10 V. SUMMARY OF FINDINGS; GENERAL ASSESSMENT OF QUALIFICATION The following is a summary of relevant qualification findings as it relates to the City potentially designating the proposed RPA as a TIF District. The area is contiguous and is greater than 1½ acres in size; The proposed RPA meets the criteria for a blighted-improved area TIF District, if the City pursues this course of action. The qualifying factors found in the proposed RPA are present to a meaningful extent and are evenly distributed throughout the proposed RPA. A more detailed analysis of the qualification findings is outlined in Section IV of this report; All property in the area would substantially benefit by the proposed redevelopment project improvements; The sound growth of taxing districts applicable to the area, including the City, has been impaired by the factors found present in the area; and The area would not be subject to redevelopment without the investment of public funds, including property tax increments. In the judgment of KMA, these preliminary findings support the case for the City to initiate a formal process to consider the proposed RPA as a TIF District. 333 of 447 55-O-12 Alderman ______________ moved and Alderman ________________ seconded the motion that said ordinance as presented and read by the City Clerk be adopted. After a full discussion thereof including a public recital of the nature of the matter being considered and such other information as would inform the public of the nature of the business being conducted, the Mayor directed that the roll be called for a vote upon the motion to adopt said ordinance as read. Upon the roll being called, the following Aldermen voted AYE: ______________ ______________________________________________________________________ ______________________________________________________________________ The following Aldermen voted NAY: ___________________________________ ______________________________________________________________________ Whereupon the Mayor declared the motion carried and said ordinance adopted, approved and signed the same in open meeting and directed the City Clerk to record the same in full in the records of the Mayor and City Council of the City of Evanston, Cook County, Illinois, which was done. Other business not pertinent to the adoption of said ordinance was duly transacted at the meeting. Upon motion duly made, seconded and carried, the meeting was adjourned. City Clerk 334 of 447 55-O-12 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION OF ORDINANCE AND MINUTES I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and that as such official I am the keeper of the records and files of the Mayor and City Council of the City (the “Corporate Authorities”). I do further certify that the foregoing is a full, true and complete transcript of that portion of the minutes of the meeting of the Corporate Authorities held on the ___ day of _______, 2012, insofar as same relates to the adoption of an ordinance entitled: Approving a Tax Increment Redevelopment Plan and Redevelopment Project for the Dempster/Dodge Redevelopment Project Area. a true, correct and complete copy of which said ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the Corporate Authorities on the adoption of said ordinance were conducted openly, that the vote on the adoption of said ordinance was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice; that an agenda for said meeting was posted at the location where said meeting was held and at the principal office of the Corporate Authorities at least 48 hours in advance of the holding of said meeting; that said agenda described or made specific reference to said ordinance; that said meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and the Illinois Municipal Code, as amended, and that the Corporate Authorities have complied with all of the provisions of said Act and said Code and with all of the procedural rules of the Corporate Authorities. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the City, this ___day of ______, 2012. ________________________________ City Clerk (Seal) 335 of 447 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Steve Griffin, Director Community and Economic Development Nancy Radzevich, Economic Development Division Manager Paul Zalmezak, Economic Development Coordinator Subject: Dempster Dodge TIF District Designation Date: May 22, 2012 Recommended Action: Staff recommends City Council adoption of the following ordinance to designate the proposed Dempster Dodge TIF District as outlined in the state statute 65 ILCS 5/11- 74.4 – Tax Increment Allocation Redevelopment Act. Suspension of the Rules is requested to allow Introduction and Action on May 29, 2012 to implement the TIF under the 2010 assessed values. (A12) Ordinance 56-O-12 Designating the Dempster/Dodge Redevelopment Project Area of the City of Evanston a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act (“TIF District”) Memorandum For City Council meeting of May 29, 2012 Item A12 Ordinance 56-O-12 Designating the Proposed Dempster Dodge TIF District For Introduction and Action 336 of 447 5/16/2012 56-O-12 AN ORDINANCE Designating the Dempster/Dodge Redevelopment Project Area of the City of Evanston a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act WHEREAS, it is desirable and in the best interest of the citizens of the City of Evanston, Cook County, Illinois (the “City”), for the City to implement tax increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act, Division 74.4 of Article 11 of the Illinois Municipal Code, as amended (the “Act”), for a proposed redevelopment plan and redevelopment project (the “Plan and Project”) within the municipal boundaries of the City and within a proposed redevelopment project area (the “Area”) described in Section 1 of this Ordinance; and WHEREAS, the Corporate Authorities have heretofore by ordinance approved the Plan and Project, which Plan and Project were identified in such ordinance and were the subject, along with the Area designation hereinafter made, of a public hearing held on May 14, 2012, and it is now necessary and desirable to designate the Area as a redevelopment project area pursuant to the Act, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The Area, as legally described in Exhibit A attached hereto and incorporated herein as if set out in full by this reference, is hereby designated as a redevelopment project area pursuant to Section 11-74.4-4 of the Act. The general street location for the Area is described in Exhibit B attached hereto and incorporated 337 of 447 56-O-12 -2- herein as if set out in full by this reference. The map of the Area is depicted on Exhibit C attached hereto and incorporated herein as if set out in full by this reference. SECTION 2: If any section, paragraph, or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 3: All ordinances, resolutions, motions, or orders in conflict herewith shall be, and the same hereby are, repealed to the extent of such conflict, and this Ordinance shall be in full force and effect immediately upon its passage by the Corporate Authorities and approval as provided by law. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Ayes: ______________ Nays: ______________ Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 338 of 447 A-1 EXHIBIT A Legal Description of Redevelopment Project Area THAT PART OF THE NORTH HALF OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 IN BANBURY THIRD CONSOLIDATION, BEING A PLAT IN THAT PART OF THE NORTHWEST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 27, 1987 AS DOCUMENT NO. 87162463; THENCE SOUTHWESTERLY, WESTERLY, SOUTHWESTERLY, SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 1 TO A POINT THAT IS 241.64 FEET NORTHWESTERLY OF THE MOST SOUTHWESTERLY CORNER OF SAID LOT 1 AS MEASURED ALONG SAID NORTHWESTERLY LINE; THENCE SOUTHEASTERLY AT A RIGHT ANGLE TO SAID NORTHWESTERLY LINE 5.00 FEET; THENCE SOUTHWESTERLY ALONG A LINE 5.00 FEET SOUTHEASTERLY OF AND PARALLEL TO SAID NORTHWESTERLY LINE TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF GREENLEAF STREET; THENCE EASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE OF GREENLEAF STREET TO THE SOUTHWEST CORNER OF LOT 1 IN ARENS CONTROLS, INC. CONSOLIDATION, BEING A PART OF THE NORTHWEST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED MAY 20, 1992 AS DOCUMENT NO. 92349794; THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF SAID LOT 1 IN ARENS CONTROLS, INC. CONSOLIDATION TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 1 TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 40.00 FEET, AN ARC LENGTH OF 64.45 FEET TO A POINT OF TANGENCY ON THE EAST LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG SAID EAST LINE TO A CORNER POINT FOR LOT 1 IN SAID BANBURY THIRD CONSOLIDATION; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 1 IN BANBURY THIRD CONSOLIDATION TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF BROWN AVENUE; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE OF BROWN AVENUE TO A POINT ON THE SOUTH LINE OF SAID LOT 1 IN BANBURY THIRD CONSOLIDATION; THENCE EASTERLY ALONG SAID SOUTH LINE OF LOT 1 AND THE EASTERLY EXTENSION THEREOF TO THE EAST RIGHT-OF-WAY LINE OF DODGE AVENUE; THENCE NORTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT 1 IN KEAT’S RESUBDIVISION, BEING A SUBDIVISION IN THE NORTHEAST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 28, 1989 AS DOCUMENT NO. 89458950; THENCE WESTERLY ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 1 TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID DODGE AVENUE; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF DEMPSTER STREET; THENCE WESTERLY, NORTHERLY AND WESTERLY ALONG SAID SOUTH RIGHT-OFWAY LINE TO THE POINT OF BEGINNING. 339 of 447 B-1 EXHIBIT B GENERAL STREET LOCATION The proposed Redevelopment Project Area consists primarily of retail/commercial parcels southwest of the intersection of Dempster Street and Dodge Avenue. 340 of 447 C-1 EXHIBIT C MAP OF REDEVELOPMENT PROJECT AREA 341 of 447 PROJECT NO.CALC. DRAWING NO. DWN. CHKD. SCALE: DATE: SHEET OF 9575 West Higgins Road (847) 823-0500 Suite 600, Rosemont, Illinois 60018 ENGINEERING, LTD.IN PREPARED FOR 1 1 1"=150’ 120101 CITY OF EVANSTON, ILLINOIS CITY OF EVANSTON 17.9 AC.| SCALE IN FEET 0 150 AJK KJR JRM 02-24-2012 TIF120101B S:\EVANSTON\120101\SURVEY\TIF120101B.SUR QUARTER OF SECTION 24-41-13EAST LINE OF THE NORTHWESTQUARTER OF SECTION 24-41-13WEST LINE OF THE NORTHEASTQUARTER OF SECTION 13-41-13 SOUTH LINE OF THE SOUTHWEST WEST EVANSTONEXSITING TIF #6QUARTER OF SECTION 24-41-13 NORTH LINE OF THE NORTHWEST DEMPSTER / DODGE TIF DEMPSTER / DODGE TIF POINT OF BEGINNING 342 of 447 56-O-12 Alderman ______________ moved and Alderman ________________ seconded the motion that said ordinance as presented and read by the City Clerk be adopted. After a full discussion thereof including a public recital of the nature of the matter being considered and such other information as would inform the public of the nature of the business being conducted, the Mayor directed that the roll be called for a vote upon the motion to adopt said ordinance as read. Upon the roll being called, the following Aldermen voted AYE: ______________ ______________________________________________________________________ ______________________________________________________________________ The following Aldermen voted NAY: ___________________________________ ______________________________________________________________________ Whereupon the Mayor declared the motion carried and said ordinance adopted, approved and signed the same in open meeting and directed the City Clerk to record the same in full in the records of the Mayor and City Council of the City of Evanston, Cook County, Illinois, which was done. Other business not pertinent to the adoption of said ordinance was duly transacted at the meeting. Upon motion duly made, seconded and carried, the meeting was adjourned. City Clerk 343 of 447 56-O-12 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION OF ORDINANCE AND MINUTES I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and that as such official I am the keeper of the records and files of the Mayor and City Council of the City (the “Corporate Authorities”). I do further certify that the foregoing is a full, true and complete transcript of that portion of the minutes of the meeting of the Corporate Authorities held on the ___ day of _______, 2012, insofar as same relates to the adoption of an ordinance entitled: Designating the Dempster/Dodge Redevelopment Project Area of the City of Evanston a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act. a true, correct and complete copy of which said ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the Corporate Authorities on the adoption of said ordinance were conducted openly, that the vote on the adoption of said ordinance was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice; that an agenda for said meeting was posted at the location where said meeting was held and at the principal office of the Corporate Authorities at least 48 hours in advance of the holding of said meeting; that said agenda described or made specific reference to said ordinance; that said meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and the Illinois Municipal Code, as amended, and that the Corporate Authorities have complied with all of the provisions of said Act and said Code and with all of the procedural rules of the Corporate Authorities. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the City, this ___day of ______, 2012. ________________________________ City Clerk (Seal) 344 of 447 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Steve Griffin, Director Community and Economic Development Nancy Radzevich, Economic Development Division Manager Paul Zalmezak, Economic Development Coordinator Subject: Dempster Dodge TIF District Designation Date: May 22, 2012 Recommended Action: Staff recommends City Council adoption of the following ordinance to designate the proposed Dempster Dodge TIF District as outlined in the state statute 65 ILCS 5/11- 74.4 – Tax Increment Allocation Redevelopment Act. Suspension of the Rules is requested to allow Introduction and Action on May 29, 2012 to implement the TIF under the 2010 assessed values. (A13) Ordinance 57-O-12 Adopting Tax Increment Allocation Financing for the Dempster/Dodge Redevelopment Project Area Memorandum For City Council meeting of May 29, 2012 Item A13 Ordinance 57-O-12 Adopting Tax Increment Financing for Dempster Dodge TIF Project For Introduction and Action 345 of 447 5/16/2012 57-O-12 AN ORDINANCE Adopting Tax Increment Financing for the Dempster/Dodge Redevelopment Project Area WHEREAS, it is desirable and in the best interest of the citizens of the City of Evanston, Cook County, Illinois (the "City"), for the City to implement tax increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act, Division 74.4 of Article 11 of the Illinois Municipal Code, as amended (the "Act"); and WHEREAS, the City has heretofore approved a redevelopment plan and project (the "Plan and Project") as required by the Act by passage of an ordinance and has heretofore designated a redevelopment project area (the "Area") as required by the Act by the passage of an ordinance and has otherwise complied with all other conditions precedent required by the Act, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Tax increment allocation financing is hereby adopted to pay redevelopment project costs as defined in the Act and as set forth in the Plan and Project within the Area as legally described in Exhibit A attached hereto and incorporated herein as if set out in full by this reference. The general street location for the Area is described in Exhibit B attached hereto and incorporated herein as if set out in full by this reference. The map of the Area is depicted in Exhibit C attached hereto and incorporated herein as if set out in full by this reference. 346 of 447 57-O-12 -2- SECTION 2: Pursuant to the Act, the ad valorem taxes, if any, arising from the levies upon taxable real property in the Area by taxing districts and tax rates determined in the manner provided in Section 11-74.4-9(c) of the Act each year after the effective date of this Ordinance until the Project costs and obligations issued in respect thereto have been paid shall be divided as follows: a. That portion of taxes levied upon each taxable lot, block, tract, or parcel of real property that is attributable to the lower of the current equalized assessed value or the initial equalized assessed value of each such taxable lot, block, tract, or parcel of real property in the Area shall be allocated to and when collected shall be paid by the county collector to the respective affected taxing districts in the manner required by law in the absence of the adoption of tax increment allocation financing. b. That portion, if any, of such taxes that is attributable to the increase in the current equalized assessed valuation of each lot, block, tract, or parcel of real property in the Area shall be allocated to and when collected shall be paid to the municipal treasurer, who shall deposit said taxes into a special fund, hereby created, and designated the "Dempster/Dodge Redevelopment Project Area Special Tax Allocation Fund" of the City and such taxes shall be used for the purpose of paying Project costs and obligations incurred in the payment thereof. SECTION 3: If any section, paragraph, or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, or provision shall not affect any of the remaining provisions of this Ordinance. 347 of 447 57-O-12 -3- SECTION 4: All ordinances, resolutions, motions, or orders in conflict herewith shall be, and the same hereby are, repealed to the extent of such conflict, and this Ordinance shall be in full force and effect immediately upon its passage by the Corporate Authorities and approval as provided by law. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Ayes: ______________ Nays: ______________ Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 348 of 447 A-1 EXHIBIT A Legal Description of Redevelopment Project Area THAT PART OF THE NORTH HALF OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 IN BANBURY THIRD CONSOLIDATION, BEING A PLAT IN THAT PART OF THE NORTHWEST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 27, 1987 AS DOCUMENT NO. 87162463; THENCE SOUTHWESTERLY, WESTERLY, SOUTHWESTERLY, SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 1 TO A POINT THAT IS 241.64 FEET NORTHWESTERLY OF THE MOST SOUTHWESTERLY CORNER OF SAID LOT 1 AS MEASURED ALONG SAID NORTHWESTERLY LINE; THENCE SOUTHEASTERLY AT A RIGHT ANGLE TO SAID NORTHWESTERLY LINE 5.00 FEET; THENCE SOUTHWESTERLY ALONG A LINE 5.00 FEET SOUTHEASTERLY OF AND PARALLEL TO SAID NORTHWESTERLY LINE TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF GREENLEAF STREET; THENCE EASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE OF GREENLEAF STREET TO THE SOUTHWEST CORNER OF LOT 1 IN ARENS CONTROLS, INC. CONSOLIDATION, BEING A PART OF THE NORTHWEST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED MAY 20, 1992 AS DOCUMENT NO. 92349794; THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF SAID LOT 1 IN ARENS CONTROLS, INC. CONSOLIDATION TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 1 TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 40.00 FEET, AN ARC LENGTH OF 64.45 FEET TO A POINT OF TANGENCY ON THE EAST LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG SAID EAST LINE TO A CORNER POINT FOR LOT 1 IN SAID BANBURY THIRD CONSOLIDATION; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 1 IN BANBURY THIRD CONSOLIDATION TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF BROWN AVENUE; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE OF BROWN AVENUE TO A POINT ON THE SOUTH LINE OF SAID LOT 1 IN BANBURY THIRD CONSOLIDATION; THENCE EASTERLY ALONG SAID SOUTH LINE OF LOT 1 AND THE EASTERLY EXTENSION THEREOF TO THE EAST RIGHT-OF-WAY LINE OF DODGE AVENUE; THENCE NORTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT 1 IN KEAT’S RESUBDIVISION, BEING A SUBDIVISION IN THE NORTHEAST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 28, 1989 AS DOCUMENT NO. 89458950; THENCE WESTERLY ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 1 TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID DODGE AVENUE; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF DEMPSTER STREET; THENCE WESTERLY, NORTHERLY AND WESTERLY ALONG SAID SOUTH RIGHT-OFWAY LINE TO THE POINT OF BEGINNING. 349 of 447 B-1 EXHIBIT B GENERAL STREET LOCATION The proposed Redevelopment Project Area consists primarily of retail/commercial parcels southwest of the intersection of Dempster Street and Dodge Avenue. 350 of 447 C-1 EXHIBIT C MAP OF REDEVELOPMENT PROJECT AREA 351 of 447 PROJECT NO.CALC. DRAWING NO. DWN. CHKD. SCALE: DATE: SHEET OF 9575 West Higgins Road (847) 823-0500 Suite 600, Rosemont, Illinois 60018 ENGINEERING, LTD.IN PREPARED FOR 1 1 1"=150’ 120101 CITY OF EVANSTON, ILLINOIS CITY OF EVANSTON 17.9 AC.| SCALE IN FEET 0 150 AJK KJR JRM 02-24-2012 TIF120101B S:\EVANSTON\120101\SURVEY\TIF120101B.SUR QUARTER OF SECTION 24-41-13EAST LINE OF THE NORTHWESTQUARTER OF SECTION 24-41-13WEST LINE OF THE NORTHEASTQUARTER OF SECTION 13-41-13 SOUTH LINE OF THE SOUTHWEST WEST EVANSTONEXSITING TIF #6QUARTER OF SECTION 24-41-13 NORTH LINE OF THE NORTHWEST DEMPSTER / DODGE TIF DEMPSTER / DODGE TIF POINT OF BEGINNING 352 of 447 57-O-12 Alderman ______________ moved and Alderman ________________ seconded the motion that said ordinance as presented and read by the City Clerk be adopted. After a full discussion thereof including a public recital of the nature of the matter being considered and such other information as would inform the public of the nature of the business being conducted, the Mayor directed that the roll be called for a vote upon the motion to adopt said ordinance as read. Upon the roll being called, the following Aldermen voted AYE: ______________ ______________________________________________________________________ ______________________________________________________________________ The following Aldermen voted NAY: ___________________________________ ______________________________________________________________________ Whereupon the Mayor declared the motion carried and said ordinance adopted, approved and signed the same in open meeting and directed the City Clerk to record the same in full in the records of the Mayor and City Council of the City of Evanston, Cook County, Illinois, which was done. Other business not pertinent to the adoption of said ordinance was duly transacted at the meeting. Upon motion duly made, seconded and carried, the meeting was adjourned. City Clerk 353 of 447 57-O-12 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION OF ORDINANCE AND MINUTES I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and that as such official I am the keeper of the records and files of the Mayor and City Council of the City (the “Corporate Authorities”). I do further certify that the foregoing is a full, true and complete transcript of that portion of the minutes of the meeting of the Corporate Authorities held on the ___ day of _______, 2012, insofar as same relates to the adoption of an ordinance entitled: Adopting Tax Increment Allocation Financing for the Dempster/Dodge Redevelopment Project Area. a true, correct and complete copy of which said ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the Corporate Authorities on the adoption of said ordinance were conducted openly, that the vote on the adoption of said ordinance was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice; that an agenda for said meeting was posted at the location where said meeting was held and at the principal office of the Corporate Authorities at least 48 hours in advance of the holding of said meeting; that said agenda described or made specific reference to said ordinance; that said meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and the Illinois Municipal Code, as amended, and that the Corporate Authorities have complied with all of the provisions of said Act and said Code and with all of the procedural rules of the Corporate Authorities. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the City, this ___day of ______, 2012. ________________________________ City Clerk (Seal) 354 of 447 For City Council meeting of May 29, 2012 Item A14 Ordinance 49-O-12: Increase Class C Liquor Licenses for Issuance to The Alcove For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Wendy McCambridge, Administrative Adjudication Manager Subject: Ordinance 49-O-12, Increasing the Number of Class C Liquor Licenses to permit issuance to NSB Ventures LLC, d/b/a The Alcove Date: May 14, 2012 Recommended Action: The Local Liquor Commissioner recommends adoption of Ordinance 49-O-12. This Ordinance was introduced at the May 14, 2012 City Council meeting. Funding Source: N/A Summary: Ordinance 49-O-12 amends Subsection 3-5-6-(C) of the Evanston City Code of 1979, as amended, to increase the number of Class C liquor licenses from 28 to 29 to permit issuance to NSB Ventures LLC, d/b/a The Alcove, 512 Main Street. NSB Ventures LLC sole member Scott J. Bradley completed the application for a Class C liquor license and provided proof of Surety Bond and Liquor Liability Insurance. Mr. Bradley has provided proof of successful BASSETT training, and a background check of Mr. Bradley revealed no criminal record. The City has received payment of the annual Class C liquor license application fee. Legislative History: On April 5, 2012, the Liquor Control Review Board met and voted to recommend an increase in the number of Class C liquor licenses to permit issuance to NSB Ventures LLC. Attachments: Ordinance 49-O-12 Minutes of April 5, 2012 meeting of the Liquor Control Review Board Memorandum 355 of 447 4/30/2012 49-O-12 AN ORDINANCE Amending City Code Subsection 3-5-6-(C) to Increase the Number of Class C Liquor Licenses from Twenty-Eight to Twenty-Nine (NSB Ventures LLC, d/b/a The Alcove, 512 Main Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 3-5-6-(C) of the Evanston City Code of 1979, as amended, is hereby further amended by increasing the number of Class C liquor licenses from twenty-eight (28) to twenty-nine (29), to read as follows: (C) CLASS C licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a “restaurant”, as defined in Section 3-5-1 of this Chapter. It shall be unlawful for any person licensed hereunder to sell "alcoholic liquor" at a "bar", as defined in Section 3-5-1 of this Chapter, except to persons attending a reception or party not open to the public. Alcoholic liquor may be sold in restaurants holding class C licenses only during the period when their patrons are offered a complete meal. The applicants for the renewal of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be . . . . . . . . . . . . $2,800.00 The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-5-7 of this Chapter, shall be . . . . . . . . . . . . . . $2,940.00 No more than twenty-eight (28) twenty-nine (29) such licenses shall be in force at any one time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 356 of 447 49-O-12 ~2~ SECTION 3: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: _________________________, 2012 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 357 of 447 358 of 447 359 of 447 360 of 447 361 of 447 362 of 447 363 of 447 364 of 447 365 of 447 366 of 447 367 of 447 368 of 447 369 of 447 370 of 447 371 of 447 372 of 447 373 of 447 To: Honorable Mayor Elizabeth Tisdahl Local Liquor Control Board From: Wendy McCambridge, Liquor Licensing Manager Subject: Background Check Summary for The Alcove Date: March 30, 2012 A background investigation was conducted for liquor license applicant NSB Ventures dba The Alcove. Reference checks were also conducted and are attached to each Shareholder and/or Sitemanager Background Form. The names of the shareholder(s) submitted to the Illinois State Police and FBI are as follows: - Scott Bradley Fingerprint results from the Illinois State Police and FBI revealed no criminal record. - - Memorandum 374 of 447 375 of 447 376 of 447 FINAL Page 1 of 3 Liquor Control Board MEETING MINUTES Liquor Control Board Thursday, April 5, 2012 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Marion Macbeth, Byron Wilson and Elizabeth Tisdahl Members Absent: Richard Peach and Patrick Hughes Staff Present: W. Grant Farrar and Wendy McCambridge Others Present: Ron Cope (The Mather), David Kane (The Mather), Scott Bradley (The Alcove), Prakash Mohanty (7-Eleven), Mike Drop (7-Eleven), Ted Mavrakis (World of Beer), Ted Pirpiris (World of Beer), Jing Jie Shen (resident), Mary Gavin (Evanston Roundtable), Jonathan Bullington (TribLocal Evanston) Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor Call to Order The Local Liquor Control Commissioner Tisdahl called the meeting to order at 11:02 a.m. All attendees introduced themselves and roles related to the meeting. NEW BUSINESS The Mather Ron Cope, attorney for The Mather, and David Kane, Vice President for Senior Living at The Mather, were present as representatives for The Mather. The Mather would like to install and use a wine dispensing machine at The Mather located at 425 Davis Street, Evanston, IL 60201 and inquired whether the use of the machine fell within the license guidelines for a Class U liquor license. The representatives passed out written information regarding the machine and presented information regarding the machine capabilities and general operations. The machine would be used by the residents (seniors) which would be issued by management at The Mather and would be restricted to meal times. The machine would be programmable to be able to limit by individual card holder consumption and time frame. The Mayor requested that the sales be further limited to two (2) drinks during the time lunch and dinner will be served, between 12:00 P.M. until 6:00 P.M. The Mather representatives agreed. The Local Liquor Commissioner stated the use of the machine would not be contrary to the current liquor class definition. Mr. Farrar, Corporation Counsel for the City of Evanston, agreed. No ordinance amendment is required. The Alcove NSB Ventures, LLC dba The Alcove, 512 Main Street, Evanston, IL 60202 owner, Scott Bradley was present. 377 of 447 FINAL Page 2 of 3 Liquor Control Board Mr. Bradley explained his basic business plan to open a small café at the location. He is requesting the issuance of a Class C liquor license. The café will have ten (10) seats inside with the hope of some outside seating. Initially the café will be open for dinner and eventually will branch out into serving lunch. The Local Liquor Control Commissioner asked the members if there were any concerns over Mr. Bradley’s request. No concerns were voiced. The board recommends issuing a Class C Liquor License to be introduced at the City Council meeting on May 14, 2012. 7-Eleven #33888 Jayharipath, Inc. dba 7-Eleven #33888, 817 Emerson Street, Evanston, IL 60201 franchise owner, Prakash Mohanty and Field Consultant, Mike Drop was present. Mr. Drop expressed his desire to obtain a liquor license to sell beer and wine in the 7- Eleven. The application is based on the request of the customers of the convenience store. The Board was concerned checking the IDs of customers purchasing alcohol to prevent sale to underage persons. The cash registers require entry of the DOB in order to complete the sale. 7-Eleven has a program to check all franchises monthly regarding the sale of tobacco and/or alcohol to minors. The program is administered by an outside vendor. Mr. Farrar informed the Board that a new liquor class would need to be created. The managers/owners at 7-Eleven would have to attend BASSETT and submit proof of the certification. Mr. Farrar asked about the amount of floor area and stated that more information would be needed in order to draft the new liquor license class. The Commissioner informed the representatives of the need for the Evanston Police Department to meet with them to go over the placement of the alcohol within the store to deter theft of alcohol from the location. Mr. Drop indicated the intended placement of the alcoholic products would be the coolers at the rear of the store, farthest from the entrance of the store. Mr. Mohanty expressed sales would likely end at 10:00 p.m. A City Council date is pending the draft and approval of a new liquor license class and approved plan of placement of the alcohol for retail sale within the establishment. The application is approved pending the draft of the new license class and approved plan by the Evanston Police Department. Liquor License Class B2- Tavern Mr. Farrar introduced the draft of a new liquor class, B2, for a Tavern. The Commissioner explained that the ordinance was drafted as a request of the Administration and Public Works Committee of the City Council and not by the request of the Liquor Control Review Board. The Commissioner addressed Mr. Mavrakis, present on behalf of Evanston Pub, Inc doing business as World of Beer, 1601 Sherman Avenue, Evanston, IL 60201. She asked him to consider building a kitchen at the location thus changing the business model presented at a previous meeting which would enable the establishment to fit one of the existing liquor classes. Mr. Mavrakis expressed this was different than the business model World of Beers had offered to him earlier. The Commissioner stated she had researched World of Beers and had found that there was consideration to include a kitchen at some locations where food service would be available. She asked Mr. Mavrakis to request that the location in Evanston would be a test case. 378 of 447 FINAL Page 3 of 3 Liquor Control Board The Commissioner was not in favor of endorsing the B2 Liquor Class to be presented to City Council. Mr. Mavrakis asked what all his options would be regarding opening World of Beers. The options provided were to: 1) install an operational kitchen and offer food service to meet an existing liquor license class, 2) come back to the Liquor Control Board after community meetings with local hotel and restaurants and the downtown resident associations. If after the meetings the Board is in favor of the new liquor class, the ordinance would be introduced to City Council. 3) if after the community meetings the Liquor Control Board does not recommend the new liquor class, the City Council may still overrule and adopt the new liquor class B2-Tavern. The board asked Mr. Mavrakis to report his findings regarding a request by him to World of Beer corporate to install a kitchen and offer food service. If the request is not met favorably, a meeting date in the future will be set to allow for time for community meetings to be conducted on the topic of a Tavern, B2 liquor license class to be introduced to City Council at a future date to be determined. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor at 11:45 a.m., April 5, 2012. Respectfully Submitted, Wendy McCambridge Administrative Adjudication/Liquor Licensing Manager, Legal Department 379 of 447 For City Council meeting of May 29, 2012 Item P1 Ordinance 48-O-12: Major Zoning Relief for Front Yard Parking and a Rear Yard Setback at 2627 Lincolnwood Drive For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Steve Griffin, Director, Community and Economic Development Department Dennis Marino, Manager, Planning and Zoning Division Melissa Klotz, Zoning Planner, Planning and Zoning Division Subject: Ordinance 48-O-12 Granting Major Zoning Relief for Front Yard Parking and a Rear Yard Setback at 2627 Lincolnwood Drive Date: May 14, 2012 Recommended Action City staff recommends the adoption of Ordinance 48-O-12 granting major zoning relief to rebuild an attached garage as livable space, establish one open parking space in the front yard, and construct a two story addition with a rear yard setback of 14.7’ where 30’ is required at 2627 Lincolnwood Drive. The Zoning Board of Appeals’ findings yielded a positive recommendation of the relief for the rear yard setback, but made no recommendation regarding the relief to establish one open parking space in the front yard due to a tied vote of 3-3 regarding the parking variance. This ordinance was introduced at the May 14, 2012 City Council meeting. Summary This property is located on the corner of Lincolnwood Drive and Hartzell Street. The property currently has a one-car attached garage, which at 11’ wide, is too small to park a vehicle in and open the vehicle doors to exit. The applicant would like to remove the existing garage and build a two-story addition utilizing the 220 square foot garage footprint as well as an additional 44 square foot area directly behind the existing garage in the rear yard setback, which will match up with the existing nonconforming setback of the rest of the house. The new construction will feature a mudroom, family room, and relocated powder room on the first floor, and an additional bedroom and bathroom on the second floor to make the residence more practical for a family of five. The required parking space that is currently located in the garage will be relocated to the existing driveway in the front yard off of Lincolnwood Drive. Memorandum 380 of 447 With the proposed addition, the existing driveway will remain, and lead directly to the residence rather than the garage, ending at a large bay window. Required open parking is only allowed in rear yards, and is specifically prohibited in front yards, as noted in Zoning Code Sections 6-8-2-8-A-4, 6-4-6-3-B-18, and 6-16-2-1-C-1. The property at 2627 Lincolnwood Drive is a unique case because of the small lot size and corner lot designation. The only other possible area for a conforming open parking space on the property is in the rear yard, which would require a new curb cut off of Hartzell Street, the relocation of a street light, removal of a large tree, and re-grading of the slope surrounding the curb cut. Such parking space would not suffice for a vehicle of today’s size as there is only a width of 14.7’ between the back of the house and the rear property line, which is not enough space to open the vehicle doors and exit the vehicle. Some residential properties throughout Evanston park vehicles in driveways on a regular basis, but those driveways have required parking spaces that are located within garages or in the rear of the yard. Typical driveway parking is considered “temporary parking” by the Zoning Ordinance, and is not allowed as required parking unless a variance is granted. Due to the small size of the existing garage and the hardship of relocating the required parking to an unpractical location in the rear yard off of Hartzell Street, it appears that the best alternative is major zoning relief to allow parking in the front yard. As the property currently stands, any average size vehicle must park in the existing driveway, just as the applicant proposes with the variance. Neighborhood Benefit This use should not cause any type of negative cumulative effect on the surrounding neighborhood. This area is zoned R1 and is comprised mostly of single family residences. The applicant has obtained support from many neighbors, who feel the option of a relocated driveway with open parking off of Hartzell Street would be detrimental to the neighborhood since a large tree would be removed to make room for the new driveway. Comprehensive Plan Some objectives of the Evanston Comprehensive Plan that apply to the proposed zoning relief include: • Maintain the appealing character of Evanston’s neighborhoods while guiding their change. • Recognize the effect of housing on the quality of neighborhoods. The proposed zoning relief would allow for a more practical use of the small building envelope the property comprises, while maintaining the appropriate character of the neighborhood. Legislative History April 17, 2012: The ZBA recommended the City Council approve the rear yard variance, but made no recommendation via a tied 3-3 vote regarding the parking variance. At the time, City staff had recommended denial of the parking variance, but in light of the 381 of 447 difficulties presented regarding the creation and use of a parking space off of Hartzell Street, City staff now recommends approval of both variances. Attachments Proposed Ordinance 48-O-12 April 17, 2012 ZBA Draft Meeting Minutes ZBA Findings Staff memo to the ZBA ZBA Application Packet Supplemental ZBA Information 382 of 447 5/2/2012 48-O-12 AN ORDINANCE Granting Major Variations Related to Front-Yard Parking and Rear-Yard Setbacks at 2627 Lincolnwood Drive in the R1 Single-Family Residential District WHEREAS, Dawn and Nikolai Larbalestier (the “Applicants”), owners of the property commonly known as 2627 Lincolnwood Drive (the “Subject Property”), located within the R1 Single-Family Residential District (“R1 District”) and legally described in Exhibit A, attached hereto and incorporated herein by reference, submitted an application seeking approval of Major Variations pursuant to Subsections 6-8-2-8- (A)-1, 6-8-2-8-(A)-4, 6-4-6-3-(B)-18, and 6-16-2-1-(C)-1 of Title 6 of the Evanston City Code of 1979, as amended (“the Zoning Ordinance”); and WHEREAS, the Applicants request Major Variations to the applicable rear-yard setback requirement and prohibitions on front-yard parking, in order to alter the existing single-family dwelling on the Subject Property by constructing a two (2)- story addition in the rear yard, converting the attached garage to habitable space, and establishing one (1) open parking space in the front yard; and WHEREAS, on April 17, 2012, the Zoning Board of Appeals (“ZBA”) held a public hearing, pursuant to proper notice, in case no. 12ZMJV-0020, to consider the application, received testimony, and made written records and findings whether the application met the standards for Major Variations set forth in Subsection 6-3-8-12-(E) of the Zoning Ordinance; and 383 of 447 48-O-12 ~2~ WHEREAS, the ZBA recommended the City Council deny the application for Major Variations to allow front-yard parking and issued no recommendation regarding the application for a Major Variation to the applicable rear-yard setback requirement; and WHEREAS, at its meeting of May 14, 2012, the Planning and Development Committee of the City Council (the “P&D Committee”) considered the ZBA’s findings and recommendations, rejected those regarding the proposed front-yard parking, and recommended City Council approve all the requested Major Variations; and WHEREAS, at its meetings of May 14, 2012 and May 29, 2012, the City Council considered and adopted the recommendations of the P&D Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby adopts the ZBA and P&D Committee’s records, findings, and recommendations, and hereby approves, pursuant to Subsection 6-3-8-10-(D) of the Zoning Ordinance, the Major Variations on the Subject Property applied for in case no. 12ZMJV-0020. SECTION 3: The Major Variations approved hereby are: (A) To permit open, off-street parking in the front yard of the Subject Property. Subsections 6-8-2-8-(A)-1 and 6-16-2-1-(C)-1 of the Zoning Ordinance prohibit such parking. (B) To permit one (1) open off-street parking space approximately forty-five feet (45’) from the rear lot line of the Subject Property. Subsection 6-4-6-3-(B)-18 of the Zoning Ordinance requires open, off-street parking to be within thirty feet (30’) of the rear lot line. 384 of 447 48-O-12 ~3~ (C) To permit a rear-yard setback of fourteen and seven-tenths feet (14.7’). Subsection 6-8-2-8-(A)-4 of the Zoning Ordinance requires a rear-yard setback of thirty feet (30’) for residential structures in the R1 District. SECTION 4: Pursuant to Subsection 6-3-8-14 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Major Variations granted by the terms of this ordinance, 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 Requirements: The Applicants shall develop and use the Subject Property in substantial compliance with all applicable legislation, with the testimony and representations of the Applicants to the ZBA, the P&D Committee, and the City Council, and the approved plans and documents on file in this case. (B) Recordation: The Applicants shall, at their cost, record a certified copy of this ordinance, including all Exhibits attached hereto, with the Cook County Recorder of Deeds, and provide proof of such recordation to the City, before the City may issue any construction permits pursuant to the Major Variations authorized by the terms of this ordinance. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicants” shall be read as “Applicants’ agents, assigns, and successors in interest.” SECTION 6: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. SECTION 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity 385 of 447 48-O-12 ~4~ shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 9: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 10: 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. Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 386 of 447 48-O-12 ~5~ EXHIBIT A LEGAL DESCRIPTION THE WEST ½ OF LOT 11 IN WESTERLAWN, A SUBDIVISION OF LOTS 9, 10, 11 AND 12 IN COUNTY CLERK’S DIVISION OF THE SOUTHEAST FRACTIONAL ¼ OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 17, 1915 IN BOOK 140 OF PLATS, PAGE 37 AS DOCUMENT 5772065, IN COOK COUNTY, ILLINOIS. PIN: 05-33-429-001-0000 COMMONLY KNOWN AS: 2627 Lincolnwood Drive, Evanston, Illinois. 387 of 447 DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, April 17, 2012 7:30 PM Civic Center, 2100 Ridge Avenue, Council Chambers 2627 Lincolnwood Drive ZBA 12ZMJV-0020 Bruce Rogers, architect for Dawn & Nikolai Larbalestier, property owners, applies for major zoning relief to construct a two story addition in the rear yard, convert an attached garage to livable space, and establish one open parking space in the front yard. The applicant requests a rear yard setback of 14.7’ where 30’ is required (Zoning Code Section 6-8-2-8-A-4), and to establish one open parking space in the front yard (Zoning Code Sections 6-4-6-3-B-18, 6-8-2-8-A-1, 6-16-2-1-C-1). The Zoning Board of Appeals makes a recommendation to City Council, the final determining body. Supplemental information was passed out to the Zoning Board members that included emails from adjacent property owners in support of the proposal, a map showing the relative location of the supporters, and a packet from the applicant. Ms. Klotz clarified Lincolnwood Drive is considered the front yard and Hartzell Street is considered the street side yard. Mr. Larbalestier explained the proposal and addressed the Standards regarding the parking variance, as noted in the applicant’s supplemental packet. Ms. Berns asked the property owner if he considered leaving the garage as is and just adding a second story above it to keep the garage parking, and Mr. Larbalestier replied that it was considered, but there is a need for added living space on the first floor as well. He also added that constructing a new driveway off of Hartzell Street would add more concrete on the property, and the car doors would not be able to open in that location due to the 14.7’ width of the rear yard. Bruce Rogers added that the option of creating a half story on the residence for added living space was not practical because the entire roof would have to be lifted. Brian Farrel, 2622 Lincolnwood Drive, explained that as a neighbor to the west, he would like to see the existing owners remain and continue to improve the property. Jason Ross, 2621 Lincolnwood Drive, noted that the proposal will not impact anyone and he would like the owners to remain in the neighborhood as well. Liza Kirkpatrick, 2904 Hartzell Street, explained that she has no issue with the proposal, and she understands the situation because she has a similar garage that does not fit a vehicle. Ms. Kirkpatrick added that many homes in that area have small garages that force residences to park in driveways. The Zoning Board then entered into deliberation: 388 of 447 DRAFT NOT APPROVED Mr. Gingold noted that squaring off the house in the back corner is the minimal change necessary to create more livable space and had no problem with that portion of the proposal. Ms. Wineberg stated there would be a greater negative impact by adding a garage in the rear yard off of Hartzell Street, and the proposal makes sense because the homeowners do not currently utilize the garage for parking anyway. Mr. Matt Rogers explained that once the garage is removed, there will be a driveway that does not lead to a garage – it will lead to living space. The driveway will then become a parking pad, not a driveway. Mr. Gingold added that the driveway is effectively being used as a parking pad anyway, and that the variance will not change the character of the neighborhood in any way since other properties have the same issue. Chairman Summers added that the City does not want front yard parking spaces, however this is clearly a unique property. Ms. McLennan added that she does not usually want front yard parking, but this case is unique because we do not want to add a driveway on Hartzell Street and cut down a tree, and the need for a family room for family of five is understandable. It seems to be a reasonable request for the footprint of the building, but turning the driveway into a front yard parking space is an issue. The Standards were then discussed for the rear yard setback: 1) Yes 2) Yes 3) Yes 4) Yes 5) Yes 6) Yes 7) Yes The Standards were then discussed for the front yard parking variance: 1) Yes 2) Yes – Mr. Gingold, Ms. McLennan, Ms. Wineberg No – Chairman Summers, Mr. Matt Rogers, Ms. Berns 3) Yes – all ZBA members except Chairman Summers 4) Yes – Mr. Gingold, Ms. McLennan, Ms. Wineberg No – Chairman Summers, Mr. Matt Rogers, Ms. Berns 5) Yes 6) Yes – Mr. Gingold, Ms. McLennan, Ms. Wineberg No – Chairman Summers, Mr. Matt Rogers, Ms. Berns 7) Yes – Mr. Gingold, Ms. McLennan, Ms. Wineberg No – Chairman Summers, Mr. Matt Rogers, Ms. Berns A motion was approved 6-0 to recommend approval of the rear yard setback variance. A motion was made to recommend approval of the front yard parking variance. The Zoning Board voted 3-3 for the parking variance, so the variance will move forward to City Council with no recommendation from the Zoning Board. 389 of 447     FF II NN DD II NN GG SS FOR STANDARDS OF VV AA RR II AA TT II OO NN SS In the case of after conducting a public hearing on April 17, 2012, the Zoning Board of Appeals makes the following findings of fact, based upon the standards for special uses specified in Section 6-3-8-12 of the City Code: Standard Finding (A) The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties; __x___Met _____Not Met 6-0 (B) The requested variation is in keeping with the intent of the zoning ordinance; ______Met _____Not Met 3-3 (C) The alleged hardship or practical difficulty is peculiar to the property; __x___Met _____Not Met 5-1 (D) The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out; ______Met _____Not Met 3-3 (E) The purpose of the variation is not based exclusively upon a desire to extract additional income from the property; __x___Met _____Not Met 6-0 Case Number: 12ZMJV-0020 Address or Location: 2627 Lincolnwood Drive Applicant: Bruce Rogers, architect for Dawn & Nikolai Larbalestier Proposed Zoning Relief: Establish one open parking space in the front yard 390 of 447     (F) The alleged difficulty or hardship has not been created by any person having an interest in the property; ______Met _____Not Met 3-3 (G) The requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property; ______Met _____Not Met 3-3 and, based upon these findings, and upon a vote of __3__ in favor & __3__ against recommends to the City Council ____ approval ____ denial __________________________________________ Date: _____________ Lori Summers Zoning Board of Appeals Chairman Attending: Vote: Aye No __x__ Lori Summers ____ _x__ __x__ Mary Beth Berns ____ _x__ __x__ Beth McLennan _x__ ____ __x__ Matt Rodgers ____ _x__ _____ Andrew Gallimore ____ ____ __x__ Scott Gingold _x__ ____ __x__ Clara Wineberg _x__ ____ 391 of 447     FF II NN DD II NN GG SS FOR STANDARDS OF VV AA RR II AA TT II OO NN SS In the case of after conducting a public hearing on April 17, 2012, the Zoning Board of Appeals makes the following findings of fact, based upon the standards for special uses specified in Section 6-3-8-12 of the City Code: Standard Finding (A) The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties; __x___Met _____Not Met 6-0 (B) The requested variation is in keeping with the intent of the zoning ordinance; __x___Met _____Not Met 6-0 (C) The alleged hardship or practical difficulty is peculiar to the property; __x___Met _____Not Met 6-0 (D) The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out; __x___Met _____Not Met 6-0 (E) The purpose of the variation is not based exclusively upon a desire to extract additional income from the property; __x___Met _____Not Met 6-0 Case Number: 12ZMJV-0020 Address or Location: 2627 Lincolnwood Drive Applicant: Bruce Rogers, architect for Dawn & Nikolai Larbalestier Proposed Zoning Relief: Rear yard setback of 14.7’ where 30’ is required 392 of 447     (F) The alleged difficulty or hardship has not been created by any person having an interest in the property; __x___Met _____Not Met 6-0 (G) The requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property; __x___Met _____Not Met 6-0 and, based upon these findings, and upon a vote of __6__ in favor & __0__ against recommends to the City Council __x__ approval ____ denial. __________________________________________ Date: _____________ Lori Summers Zoning Board of Appeals Chairman Attending: Vote: Aye No __x__ Lori Summers _x__ ___ __x__ Mary Beth Berns _x__ ___ __x__ Beth McLennan _x__ ___ __x__ Matt Rodgers _x__ ___ _____ Andrew Gallimore ___ ___ __x__ Scott Gingold _x__ ___ __x__ Clara Wineberg _x__ ___ 393 of 447 394 of 447 395 of 447 396 of 447 397 of 447 398 of 447 399 of 447 400 of 447 401 of 447 402 of 447 403 of 447 404 of 447 405 of 447 406 of 447 407 of 447 408 of 447 409 of 447 410 of 447 411 of 447 412 of 447 413 of 447 414 of 447 415 of 447 416 of 447 417 of 447 418 of 447 419 of 447 420 of 447 421 of 447 422 of 447 423 of 447 424 of 447 425 of 447 426 of 447 427 of 447 428 of 447 429 of 447 430 of 447 431 of 447 432 of 447 433 of 447 434 of 447 435 of 447 436 of 447 437 of 447 438 of 447 439 of 447 440 of 447 441 of 447 442 of 447 443 of 447 444 of 447 445 of 447 446 of 447 447 of 447