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HomeMy WebLinkAbout09.26.11 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, September 26, 2011 Administration & Public Works (A&PW) Committee meets at 5:45 p.m. Planning & Development (P&D) Committee meets at 7:15 p.m. City Council meeting will convene immediately after P&D. ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Burrus (II) Mayor Public Announcements (III) City Manager Public Announcements (IV) Communications: City Clerk (V) Citizen Comment Members of the public are welcome to speak at City Council meetings. As part of the Council agenda, a period for citizen comments shall be offered at the commencement of each regular Council meeting. Those wishing to speak should sign their name, address and the agenda item or topic to be addressed on a designated participation sheet. If there are five or fewer speakers, fifteen minutes shall be provided for Citizen Comment. If there are more than five speakers, a period of forty-five minutes shall be provided for all comment, and no individual shall speak longer than three minutes. The Mayor will allocate time among the speakers to ensure that Citizen Comment does not exceed forty-five minutes. The business of the City Council shall commence forty-five minutes after the beginning of Citizen Comment. Aldermen do not respond during Citizen Comment. Citizen Comment is intended to foster dialogue in a respectful and civil manner. Citizen comments are requested to be made with these guidelines in mind. (VI) Recess for Township Meeting (VII) Reconvene as City Council (VIII) Consent Agenda: Alderman Rainey Page 1 of 563 City Council Agenda September 26, 2011 Page 2 of 8 9/22/2011 6:01 PM (IX) Report of the Standing Committees Administration & Public Works - Alderman Holmes Planning & Development - Alderman Wilson Human Services - Alderman Fiske (X) 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)} (XI) Executive Session (XII) Adjournment TOWNSHIP OF EVANSTON MEETING (T1) Township of Evanston Budget and Organizational Structure Staff recommends approval of Ordinance 2T-O-11, Proposed Budget and Appropriation Ordinance for Town Purposes for Second Half of Fiscal Year 2011/12 Ending March 31, 2012. This item was introduced at the September 19, 2011 Township Meeting. For Action SPECIAL ORDER OF BUSINESS (SP1) City Council FY2012 Budget and Capital Projects Update Staff recommends that City Council accept and place on file the FY2012 Budget and Capital Project Update. At the September 26, 2011 Council meeting staff will present a FY2012 update, which will include a recap of our current 2012 deficit projection and a summary of anticipated Capital Projects for the coming year. For Discussion CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of September 12, 2011 (M2) Approval of Minutes of the Regular City Council Meeting of September 19, 2011 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through 09/11/11 $2,595,718.06 (A2) City of Evanston Bills FY2011 through 09/27/11 $4,125,553.02 Page 2 of 563 City Council Agenda September 26, 2011 Page 3 of 8 9/22/2011 6:01 PM (A3) Approval of Sole Source Purchase of Davit Arm Street Light Replacement Fixtures from American Induction Technologies Staff recommends that the City Council authorize the City Manager to execute a sole source contract with American Induction Technologies (AITI) (1620 S. Sunkist St. Anaheim, CA) in the the amount of $128,000 to purchase 200 replacement street light fixtures for the following areas: West Evanston TIF District; Church Street from McDaniel Avenue to Darrow Avenue; and Chicago Avenue from Howard Street to Sheridan Road. Funding will be provided by the Capital Improvement Fund (CIP) “Streetlight Upgrade Program – Luminaire Replacement” (415868) in the amount of $80,640, by the Economic Development Fund (5300.65522) in the amount of $10,240, and by the West Evanston TIF Fund (5870.62605) in the amount of $37,120. For Action (A4) Approval of Change Order #1 to the 2011 50/50 Sidewalk & Curb Replacement Program (Bid 12-25) Staff recommends that the City Council authorize the City Manager to approve Change Order #1 to the 2011 50/50 Sidewalk & Curb Replacement Contract (Bid 12-25) to the lowest responsive and responsible bidder, Schroeder & Schroeder Inc. (7307 Central Park Avenue, Skokie, IL) in the amount of $32,750. The change order will allow an additional forty two home owners to participate in this year’s Program. Funding will be from the Special Assessment Fund with a total budget of $200,000 (6365.65515) and the Resident’s Share. For Action (A5) Accept and Place on File the FY2010-11 Audited Annual Financial Report Staff recommends that the City Council accept and place on file the City of Evanston FY2010-11 Audited Annual Financial Report. The full report is available at: http://www.cityofevanston.org/transparency/budget-financial-reports/. This item was held in Committee on September 12, 2011. For Action (A6.1) Resolution 55-R-11 to Accept Grant Awards for the Maximum Award Amount of $42,528.50 from Age Options in Order to Award a Contract to Help Fund a Senior Meal Congregate Program at the Levy Senior Center and Fleetwood-Jourdain Community Center Staff recommends City Council approval of Resolution 55-R-11 authorizing the City Manager to sign notification of grant awards to fund and operate a congregate senior meal program at the Levy Senior Center and Fleetwood- Jourdain Community Center. See agenda item A6.2 below. For Action Page 3 of 563 City Council Agenda September 26, 2011 Page 4 of 8 9/22/2011 6:01 PM (A6.2) Approval of Contract Award to Catholic Charities Lunch-n-More for Senior Meal Food Programs Staff recommends City Council approval of the contract between the City of Evanston and Catholic Charities Lunch-n-More to provide a senior meal congregate program at the Levy Senior Center and Fleetwood-Jourdain Community Center for a period of October 1, 2011 through September 30, 2012 in the not-to-exceed amount of $4.15 per lunch meal. The program will be reimbursed through a grant from Age Options, with estimated City funding of $13,000. See agenda item A6.1 above. For Action (A7) Approval of Rotary International “Race to the Finish” Special Event Staff recommends approval of the request from Rotary International to hold the ”Race to the Finish” on November 6, 2011 from 6 a.m. to 1 p.m. at the lakefront. This request was submitted in August and not on the calendar of special events approved in March 2011. It is a policy of the City to limit the number of special events at the lakefront to 12 events. The Special Events Committee has reviewed this request and is submitting it for consideration understanding that it will exceed the limit for the number of special events held at the lakefront by one. For Action (A8) THIS ITEM HAS BEEN WITHDRAWN FROM THE AGENDA (A9) Resolution 56-R-11, Authorizing a Construction Funding Agreement with IDOT for the Chicago Avenue Streetscape Project (South Boulevard to Main Street) Staff recommends approval of the proposed Resolution 56-R-11 authorizing the City Manager to sign the construction funding agreement with the Illinois Department of Transportation (IDOT) for the Chicago Avenue Streetscape Project (South Boulevard to Main Street). Funding will be provided by a Federal Illinois Transportation Enhancement Program (ITEP) Grant in the amount of $800,460, and CIP funding of $201,141 from the Chicago Avenue Streetscape account (415895). For Action (A10) THIS ITEM HAS BEEN WITHDRAWN FROM THE AGENDA (A11) Resolution 53-R-11, Authorizing the City Manager to Execute License Agreement for the Installation of Solar Canopies and Electric Vehicle Charging Stations Staff recommends City Council approve Resolution 53-R-11 authorizing the City Manager to execute a license agreement for the installation of solar canopies and electric vehicle charging stations at two City parking lots. For Action Page 4 of 563 City Council Agenda September 26, 2011 Page 5 of 8 9/22/2011 6:01 PM (A12) Ordinance 69-O-11, Authorizing the Sale of Surplus Fleet Vehicles Owned by the City of Evanston through Obenauf Auction Service Municipal Equipment Auction Staff recommends that the City Council authorize the City Manager to publicly offer for sale through public auction various vehicles and equipment owned by the city based on Ordinance 69-O-11. The vehicles and equipment are presently out of service or will be in the next few weeks and were assigned to various divisions/departments within the City of Evanston. This ordinance was introduced at the September 12, 2011 City Council meeting. For Action (A13) Ordinance 65-O-11, Amending Subsection 3-5-6-(O) of the City Code to Increase the Number of Class O liquor licenses from 2 to 3 to Permit Issuance to ALDI, Inc., 2211 Oakton Street Local Liquor Commissioner recommends City Council adoption of Ordinance 65- O-11. ALDI, Inc. has paid the annual Class O liquor license application fee and provided proof of Surety Bond and Liquor Liability Insurance. At the July 13 Liquor Control Review Board meeting, the Commissioner and the Board Members voiced concern over applicant’s plan for placement of the beer and wine for sale. Section 2 of Ordinance 65-O-11 conditions ALDI’s license on compliance with recommendations from Evanston Police Chief Eddington regarding placement. This ordinance was introduced at the September 12, 2011 City Council meeting. For Action (A14) Ordinance 72-O-11, Amending Subsection 3-5-6-(D) of the City Code to Decrease the Number of Class D Liquor Licenses from 24 to 23 Due to a Change in License Class for Peter Mills Productions, Inc., d/b/a “Chef’s Station,” 915 Davis Street The Local Liquor Commissioner recommends adoption of Ordinance 72-O-11, which decreases the Number of Class D Liquor Licenses due to a change in license class for Chef’s Station. This ordinance was introduced at the September 12, 2011 City Council meeting. For Action (A15) Ordinance 73-O-11, Amending Subsection 3-5-6-(C) of the City Code to Increase the Number of Class C Liquor Licenses from 25 to 26 Due to a Change in License Class for Peter Mills Productions, Inc., d/b/a “Chef’s Station,” 915 Davis Street. The Local Liquor Commissioner recommends adoption of Ordinance 73-O-11. On August 11, 2011, the Liquor Control Review Board met and voted to recommend an increase in the number of Class C liquor licenses due to a change in license class for Chef’s Station. This ordinance was introduced at the September 12, 2011 City Council meeting. For Action Page 5 of 563 City Council Agenda September 26, 2011 Page 6 of 8 9/22/2011 6:01 PM (A16) Ordinance 74-O-11, Amending Subsection 3-5-6-(K) of the City Code to Increase the Number of Class K Liquor Licenses from 1 to 2 to Permit Issuance to Sodexo America, LLC, 1501 Central Street Local Liquor Commissioner recommends City Council adoption of Ordinance 74- O-11, which Increases the Number of Class K Liquor Licenses to permit issuance to Sodexo America. Sodexo has paid the annual Class K liquor license application fee and provided proof of Surety Bond and Liquor Liability Insurance. This ordinance was introduced at the September 12, 2011 City Council meeting. For Action (A17) Ordinance 76-O-11, Amending Section 10-11-16 of the City Code to Update Designated Truck Routes Staff recommends the consideration of proposed ordinance 76-O-11 by which the City Council would amend Section 10-11-16 to update the designated truck routes within the City. Funding for any necessary sign updates would be provided through the General Fund budget, 2670.65115, traffic control supplies. This ordinance was introduced at the September 12, 2011 City Council meeting. For Action (A18) Ordinance 37-O-11, Amending the City Code to Establish a City Wide 8,000 Pound Weight Limit on City Streets Staff recommends the consideration of Ordinance 37-O-11 by which the City Council would amend Section 10-1-3, 10-1-9-2, and delete 10-11-13, Schedule XIII to establish a City-wide eight thousand (8,000) pound weight limit on City streets unless otherwise designated. The City-wide 8,000 pound limit will not apply to streets under the jurisdiction of the Illinois Department of Transportation (IDOT), City designated truck routes or prohibited truck routes. This ordinance was introduced at the September 12, 2011 City Council meeting. For Action (A19) Ordinance 50-O-11, Provisionally Adopting, Enacting and Re-enacting Titles 3 and 7 of the Evanston City Code Staff submits for review and consideration adoption of Ordinance 50-O-11 provisionally amending the following Titles to the Evanston City Code: Title 3, Business Regulations; and Title 7, Public Ways. This ordinance was introduced at the September 12, 2011 City Council meeting. Please note: Due to length, proposed Ordinance 50-O-11 with blackline revisions to Titles 3 and 7 are included on the City Council Agenda & Minutes Webpage with the Council agenda packet as a separate document. For Action Page 6 of 563 City Council Agenda September 26, 2011 Page 7 of 8 9/22/2011 6:01 PM PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 80-O-11 Amending the Approved Planned Development for 1700- 1722 Central Street (7-O-07) The Site Plan and Appearance Review Committee and staff recommend approval of Ordinance 80-O-11 amending the approved planned development (7- O-07) for 1700-1722 Central Street. The Site Plan and Appearance Committee recommendation was based on a proposal of 78 units. The unit count has been requested to increase from the approved 51 units to 80 units. The on-site parking has been proposed to decrease from 100 spaces in the approved PD to 81 spaces, including one space for a car-sharing vehicle. For Introduction (P3) Ordinance 75-O-11, Granting a Special Use for a Type 2 Restaurant at 1701 Sherman Avenue in the D2 Downtown Retail Core Zoning District Staff and the Zoning Board of Appeals (ZBA) recommend the adoption of ordinance 75-O-11, granting a special use permit for the operation of a type 2 restaurant at 1701 Sherman Avenue. Warren Johnson Architects Inc., on behalf of Pret A Manger contract lessee, applied for a special use permit to operate a type 2 restaurant, “Pret a Manger.” This ordinance was introduced at the September 12, 2011 City Council meeting. For Action HUMAN SERVICES COMMITTEE (H1) Ordinance 52-O-11, Amending Certain Provisions of Title 9, Chapter 4 of the Evanston City Code, “Dogs, Cats, Animals and Fowl” The Human Services Committee recommends adoption of Ordinance 52-O-11, as submitted by Alderman Burrus and amended by the Committee. Ordinance 52-O-11 amends the regulations within the City Code for dangerous dogs as provided in Section 9-4-17. This ordinance was approved at the August 1, 2011 Human Services Committee. For Action Page 7 of 563 City Council Agenda September 26, 2011 Page 8 of 8 9/22/2011 6:01 PM APPOINTMENTS (APP1)For Appointment to: Library Board Sandra Smith Zoning Board of Appeals Andrew Gallimore Zoning Board of Appeals New Chair Lori Summers MEETINGS SCHEDULED THROUGH OCTOBER 18, 2011 Upcoming Aldermanic Committee Meetings: Tuesday, September 27 7 PM Housing & Community Dev Act Committee Monday, October 3 6 pm Rules Committee Monday, October 3 7:30 pm Human Services Committee Monday, October 10 5:45 pm Administration & Public Works Committee Monday, October 10 7:15 pm Planning & Development Committee/City Council Wednesday, October 12 6 pm M/W/EBE Committee Monday, October 17 7 pm City Council Tuesday, October 18 7:30 pm Housing & Community Dev Act 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. Page 8 of 563 For Township Meeting of September 26, 2011 Item T1 Township Budget, Organization and Financial Issues Ordinance 2T-O-11 Proposed Budget and Appropriation Ordinance for Town Purposes for Second Half of Fiscal Year 2011/12 For Action To: Township of Evanston Board of Trustees From: Wally Bobkiewicz, City Manager Subject: Township of Evanston Organization Structure and Financial Issues Options Date: September 22, 2011 Recommended Action: It is recommended that the Township Board of Trustees receive this report and provide direction to staff. On September 19, 2011 the Township Trustees requested additional information from staff regarding Township issues. Corporation Counsel Grant Farrar and Intergovernmental Affairs Coordinator Matt Swentkofske will provide the requested information to Trustees at the September 26, 2011 Township meeting. Attachments: Agenda Item T1 from September 19, 2011 Township Meeting 1. Ordinance 2T-O-11 Township Budget Appropriation for Second Half of FY2011-12 2. September 12, 2011 Memorandum from Corporation Counsel. 3. September 13, 2011 Memorandum from Director of Administrative Services. 4. September 7, 2011 Township Lease Information 5. September 12, 2011 Memo from Assessor Wilson Memorandum Page 9 of 563 For Township Meeting of September 19, 2011 Item T1 Township Budget, Organization and Financial Issues Ordinance 2T-O-11 Proposed Budget and Appropriation Ordinance for Town Purposes for Second Half of Fiscal Year 2011/12 For Introduction and Action To: Township of Evanston Board of Trustees From: Wally Bobkiewicz, City Manager W. Grant Farrar, Corporation Counsel Joellen Earl, Director of Administrative Services Matt Swentkofske, Intergovernmental Relations Coordinator Subject: Township of Evanston Organization Structure and Financial Issues Options Date: September 14, 2011 Recommended Action: It is recommended that the Township Board of Trustees receive this report and provide direction to staff. Summary: At its June 27, 2011 meeting, the Township Board of Trustees requested that the Corporation Counsel provide a memorandum on options for dissolution or other potential structural changes to the Township of Evanston. This memorandum is attached. Also at this meeting, the Board of Directors requested that the City Manager investigate what City of Evanston services maybe provided to the Township Supervisor and Township Assessor to decrease Township administrative costs. An analysis of these options was prepared by Director of Administrative Services Joellen Earl is also attached. At its September 7, 2011 meeting, the City Council’s Human Services Committee requested information on the current Township offices lease. That information is also attached. With this information, staff is requesting that the Township Board of Directors determine next steps, if any, on potential changes to the Township of Evanston’s organizational structure and finances. Memorandum Page 10 of 563 Page 2 of 2 Attachments: 1. Ordinance 2T-O-11 Township Budget Appropriation for Second Half of FY2011-12 2. September 12, 2011 Memorandum from Corporation Counsel. 3. September 13, 2011 Memorandum from Director of Administrative Services. 4. September 7, 2011 Township Lease Information 5. September 12, 2011 Memo from Assessor Wilson Page 11 of 563 9/15/2011 2T-O-11 AN ORDINANCE Proposed Budget and Appropriation Ordinance For Town Purposes, For Second Half of Fiscal Year 2011/2012 Ending March 31, 2012 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 1T-O-11 on June 13, 2011; WHEREAS, all persons desiring to be heard on the matter of the budget were heard, and the Budget was submitted to the Township Board of the Town of Evanston, Cook County, Illinois; WHEREAS, the Human Services Committee sitting as certain members of the Township Board of the Town of Evanston considered the proposed budget at open meetings in May and June 2011; WHEREAS, the Township’s fiscal year begins April 1, 2011 and ends March 31, 2012; WHEREAS, the Township Board has previously met, considered, and already approved certain of the Township bills incurred during the second quarter of this fiscal year; WHEREAS, the Township Board of the Town of Evanston further deliberated regarding the proposed budget on June 27, 2011, and in the Township Page 12 of 563 2T-O-11 ~2~ Board’s dialog with the Town Board Attorney and the City Manager, discussion was had regarding approving the Township budget for 90 days, incepting July 1, 2011 and continuing through September 30, 2011; WHEREAS, pursuant to 60 ILCS 1/80-60, the Township Board may adopt all or part of the tentative budget and appropriation ordinance, as the Township Board deems necessary; WHEREAS, pursuant to 60 ILCS 1/85-13, the Township Board may expend funds to provide certain services to the residents of Evanston Township; WHEREAS, at the June 27, 2011 meeting, via Ordinance 1T-O-11, the Township Board approved the budget for the Township for the first half of the Township’s fiscal year, through September 30, 2011; WHEREAS, the Township Supervisor transmitted to the Township Clerk on September 14, 2011 the attached line item budget document for the General Assistance Fund and Town Fund. Exhibit 1; and WHEREAS, the Township Board convened a Special Township Meeting on September 19, 2011, to consider the budget and appropriations for the Town of Evanston for the second half of the fiscal year, October 1, 2011 through March 31, 2012. BE IT ORDAINED BY THE TOWNSHIP BOARD OF THE TOWN OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the following Budget for the second half of the fiscal year commencing September 30, 2011 and ending March 31, 2012 (6 months), attached as Exhibit 1, be and is hereby approved and adopted. Page 13 of 563 2T-O-11 ~3~ SECTION 2: That there is hereby appropriated for use of this Town for the second half (6 months) of said fiscal year, the following: FROM THE TOWN FUND, A TOTAL OF $137,876.50 FROM THE GENERAL ASSISTANCE FUND A TOTAL OF $493,281.50 TOTAL APPROPRIATIONS $631,158.00 SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2011 Adopted:___________________, 2011 Approved: _________________________, 2011 ______________________________ Elizabeth B. Tisdahl, Mayor; Member, Township Board of the Town of Evanston Attest: _______________________________ Town Clerk Approved as to form: ______________________________ W. Grant Farrar, Town Board Attorney Page 14 of 563 2T-O-11 ~4~ EXHIBIT “1” TOWNSHIP BUDGET Page 15 of 563 TOWNSHIP OF EVANSTONGA SUMMARY Fiscal Year EndingGeneral Assistance Fund - Revenue & Expenditures 03/31/20124/1/2010 Proposed3/31/2011BudgetProposed10/1/2011DescriptionEstimated Actual 2010-2011Variance2011-20123/31/2012===============================================================================================================================================101-000-402.000 Previous Tax Year Levy482,917.00$ 986,553.00$ 503,636.00$ 986,553.00$ 493,276.50$ 101-000-650.000 Interest1,511.00$ 1,500.00$ (11.00)$ 1,500.00$ 750.00$ 101-000-670.000 SSI Reimbursement23,205.00$ 15,000.00$ (8,205.00)$ 15,000.00$ 7,500.00$ 101-000-698.000 Transfer from Fund Balance564,375.00$ 250,000.00$ (314,375.00)$ 192,105.00$ 96,052.50$ ==================================================================================================== Total Revenue1,072,008.00$ 1,253,053.00$ 181,045.00$ 1,195,158.00$ 597,579.00$ ====================================================================================================Client Payments452,597.00$ 484,086.00$ 31,489.00$ 546,041.00$ 273,020.50$ Payroll266,674.00$ 291,068.00$ 24,394.00$ 270,657.00$ 135,328.50$ GA Administrative Overhead285,354.00$ 315,094.00$ 29,740.00$ 276,210.00$ 138,105.00$ Work Opportunity Program (WOP)4,577.00$ 8,000.00$ 3,423.00$ 9,000.00$ 4,500.00$ Medical Payments Systems (MPS)41,301.00$ 60,500.00$ 19,199.00$ 54,750.00$ 27,375.00$ Emergency Assistance Services (EAS)27,790.00$ 75,000.00$ 47,210.00$ 38,500.00$ 19,250.00$ ==================================================================================================== Total Expenditures1,078,293.00$ 1,233,748.00$ 136,401.00$ 1,195,158.00$ 597,579.00$ ==================================================================================================== Net Income (Loss)(6,285.00)$ 19,305.00$ 44,644.00$ -$ -$ ====================================================================================================Page 1 of 15Page 16 of 563 CLIENT EXPENSE Evanston Township General Assistance Office Fiscal Year EndingGeneral Assistance Fund - Revenue & Expenditures 03/31/20124/1/2010Proposed3/31/2011BudgetProposed10/1/2011DescriptionEstimated Actual 2010-2011Variance2011-20123/31/2012===============================================================================================================================================101-011-940.000 Rent Expense149,187.00$ 150,000.00$ 813.00$ 200,000.00$ 100,000.00$ 101-011-790.000 Personal Expense201,712.00$ 210,000.00$ 8,288.00$ 240,000.00$ 120,000.00$ 101-011-990.000 Other Needs197.00$ 250.00$ 53.00$ 250.00$ 125.00$ 101-011-900.000 50/50 Program913.00$ 3,000.00$ 2,087.00$ 3,000.00$ 1,500.00$ 101-011-943.000 Client Contractual Services100,588.00$ 120,836.00$ 20,248.00$ 102,791.00$ 51,395.50$ ==================================================================================================== Total Expenditures452,597.00$ 484,086.00$ 31,489.00$ 546,041.00$ 273,020.50$ ====================================================================================================Page 2 of 15Page 17 of 563 PAYROLL Evanston Township General Assistance Office Fiscal Year EndingGeneral Assistance Fund - Revenue & Expenditures 03/31/20124/1/2010Proposed3/31/2011BudgetProposed10/1/2011DescriptionEstimated Actual 2010-2011Variance2011-20123/31/2012===============================================================================================================================================101-012-702.001 Executive Director72,284.00$ 72,284.00$ -$ 72,284.00$ 36,142.00$ 101-012-702.003 Office Manager43,600.00$ 43,600.00$ -$ 43,600.00$ 21,800.00$ 101-012-702.007 EAS Manager/Case Worker33,500.00$ 33,500.00$ -$ 33,500.00$ 16,750.00$ 101-012-702.008 EAS Administrative Assistant14,128.00$ 13,902.00$ (226.00)$ 13,902.00$ 6,951.00$ 101-012-702.009 Case Coordinator/WOP Counselor27,025.00$ 48,331.00$ 21,306.00$ 48,331.00$ 24,165.50$ 101-012-702.011Confidential Accounts/Personnel Manager59,040.00$ 59,040.00$ -$ 59,040.00$ 29,520.00$ 101-012-702.012 Maintenance Person12,021.00$ 11,933.00$ (88.00)$ -$ -$ 101-012-702.013 Merit Increases5,076.00$ 8,478.00$ 3,402.00$ -$ -$ ==================================================================================================== Total Expenditures266,674.00$ 291,068.00$ 24,394.00$ 270,657.00$ 135,328.50$ ====================================================================================================Page 3 of 15Page 18 of 563 ADMINISTRATIVE Evanston Township General Assistance Office Fiscal Year EndingGeneral Assistance Fund - Revenue & Expenditures 03/31/20124/1/2010Proposed3/31/2011BudgetProposed10/1/2011DescriptionEstimated Actual 2010-2011Variance2011-20123/31/2012===============================================================================================================================================101-013-710.000 Unemployment Tax State4,240.00$ 6,000.00$ 1,760.00$ 4,000.00$ 2,000.00$ 101-013-711.000 FICA19,920.00$ 21,618.00$ 1,698.00$ 19,000.00$ 9,500.00$ 101-013-713.000 IMRF21,652.00$ 19,612.00$ (2,040.00)$ 20,000.00$ 10,000.00$ 101-013-714.000 Medical & Life Insurance59,915.00$ 75,054.00$ 15,139.00$ 65,000.00$ 32,500.00$ 101-013-715.000 General Insurance6,174.00$ 9,000.00$ 2,826.00$ 7,000.00$ 3,500.00$ 101-013-750.000 Supplies12,305.00$ 14,000.00$ 1,695.00$ 14,000.00$ 7,000.00$ 101-013-751.000 Postage1,450.00$ 2,000.00$ 550.00$ 1,500.00$ 750.00$ 101-013-752.000 Printing & Duplicating1,998.00$ 2,000.00$ 2.00$ 2,000.00$ 1,000.00$ 101-013-802.000 Contract Services30,164.00$ 30,000.00$ (164.00)$ 30,000.00$ 15,000.00$ 101-013-803.000 Payroll Processing2,499.00$ 2,500.00$ 1.00$ 2,500.00$ 1,250.00$ 101-013-810.000 Membership/Dues/Subs.573.00$ 800.00$ 227.00$ 600.00$ 300.00$ 101-013-811.000 Advertising1,564.00$ 2,000.00$ 436.00$ 2,000.00$ 1,000.00$ 101-013-812.000 Data Processing26,587.00$ 28,000.00$ 1,413.00$ 10,000.00$ 5,000.00$ 101-013-839.000 Training-$ 5,000.00$ 5,000.00$ 2,500.00$ 1,250.00$ 101-013-840.000 Seminars & Conferences3,398.00$ 4,500.00$ 1,102.00$ 2,500.00$ 1,250.00$ 101-013-845.000 Staff Travel & Mileage1,577.00$ 1,500.00$ (77.00)$ 1,500.00$ 750.00$ Page 4 of 15Page 19 of 563 ADMINISTRATIVE Evanston Township General Assistance Office Fiscal Year EndingGeneral Assistance Fund - Revenue & Expenditures 03/31/20124/1/2010Proposed3/31/2011BudgetProposed10/1/2011DescriptionEstimated Actual 2010-2011Variance2011-20123/31/2012===============================================================================================================================================101-013-919.000 Phone13,522.00$ 10,500.00$ (3,022.00)$ 10,500.00$ 5,250.00$ 101-013-920.000 Utilities9,860.00$ 9,700.00$ (160.00)$ 11,000.00$ 5,500.00$ 101-013-936.000 Equipment Purchase-$ 2,000.00$ 2,000.00$ 2,000.00$ 1,000.00$ 101-013-940.000 Rent64,810.00$ 64,810.00$ -$ 64,810.00$ 32,405.00$ 101-03-942.000 Storage Rental1,955.00$ 2,500.00$ 545.00$ 2,200.00$ 1,100.00$ 101-013-950.000 Contingency161.00$ 1,000.00$ 839.00$ 500.00$ 250.00$ 101-013-981.000 Bank Fees1,030.00$ 1,000.00$ (30.00)$ 1,100.00$ 550.00$ ==================================================================================================== Total Expenditures285,354.00$ 315,094.00$ 29,740.00$ 276,210.00$ 138,105.00$ ==================================================================================================== Page 5 of 15Page 20 of 563 WOP Evanston Township General Assistance Office Fiscal Year EndingGeneral Assistance Fund - Revenue & Expenditures 03/31/20124/1/2010Proposed3/31/2011BudgetProposed10/1/2011DescriptionEstimated Actual 2010-2011Variance2011-20123/31/2012===============================================================================================================================================101-014-745.000 Uniforms/Shoes-$ 500.00$ 500.00$ 500.00$ 250.00$ 101-014-799.000 Other Needs15.00$ 500.00$ 485.00$ 500.00$ 250.00$ 101-014-860.000 Transportation4,562.00$ 5,000.00$ 438.00$ 6,000.00$ 3,000.00$ 101-014-936.000 Equipment Purchase-$ 2,000.00$ 2,000.00$ 2,000.00$ 1,000.00$ ======================================================================================-$ Total Expenditures4,577.00$ 8,000.00$ 3,423.00$ 9,000.00$ 4,500.00$ ====================================================================================================Page 6 of 15Page 21 of 563 CLIENT MEDICAL Evanston Township General Assistance Office Fiscal Year EndingGeneral Assistance Fund - Revenue & Expenditures 03/31/20124/1/2010Proposed3/31/2011BudgetProposed10/1/2011DescriptionEstimated Actual 2010-2011Variance2011-20123/31/2012===============================================================================================================================================101-016-721.000 Hospital Inpatient8,157.00$ 5,000.00$ (3,157.00)$ 10,000.00$ 5,000.00$ 101-016-722.000 Hospital Outpatient2,384.00$ 8,000.00$ 5,616.00$ 4,000.00$ 2,000.00$ 101-016-723.000 All Other Physicians1,491.00$ 3,000.00$ 1,509.00$ 3,000.00$ 1,500.00$ 101-016-724.000 Drugs10,290.00$ 30,000.00$ 19,710.00$ 15,000.00$ 7,500.00$ 101-016-725.000 Other Medical8,760.00$ 4,000.00$ (4,760.00)$ 10,000.00$ 5,000.00$ 101-016-726.000 Glasses663.00$ 500.00$ (163.00)$ 1,000.00$ 500.00$ 101-016-727.000 Emergency Room Physician171.00$ 1,000.00$ 829.00$ 250.00$ 125.00$ 101-016-728.000 Psych Outpat/Mental Assessment2,894.00$ 2,000.00$ (894.00)$ 3,500.00$ 1,750.00$ 101-016-729.000 Transport/Ambulatory Services-$ 500.00$ 500.00$ 500.00$ 250.00$ 101-016-730.000 Catastrophic Insurance3,175.00$ 3,500.00$ 325.00$ 3,500.00$ 1,750.00$ 101-016-731.000 X-Rays3,316.00$ 3,000.00$ (316.00)$ 4,000.00$ 2,000.00$ =================================================================================================== Total Expenditures41,301.00$ 60,500.00$ 19,199.00$ 54,750.00$ 27,375.00$ ====================================================================================================Page 7 of 15Page 22 of 563 Emergency Assistance Services Evanston Township General Assistance Office Fiscal Year EndingGeneral Assistance Fund - Revenue & Expenditures 03/31/20124/1/2010Proposed3/31/2011BudgetProposed10/1/2011DescriptionEstimated Actual 2010-2011Variance2011-20123/31/2012===============================================================================================================================================101-017-760.000 Housing Assistance21,570.00$ 60,000.00$ 38,430.00$ 30,000.00$ 15,000.00$ 101-017-761.000 Food Assistance2,197.00$ 5,000.00$ 2,803.00$ 2,500.00$ 1,250.00$ 101-017-920.000 Utilities4,023.00$ 10,000.00$ 5,977.00$ 6,000.00$ 3,000.00$ ==================================================================================================== Total Expenditures27,790.00$ 75,000.00$ 47,210.00$ 38,500.00$ 19,250.00$ ====================================================================================================Page 8 of 15Page 23 of 563 TOWN SUMMARYEvanston Township Fiscal Year EndingTown Fund - Revenue & Expenditures 03/31/20124/1/2010Proposed3/31/2011BudgetProposed10/1/2011DescriptionEstimated Actual 2010-2011Variance2011-20123/31/2012===============================================================================================================================================202-000-402.000 Property Tax Levy143,357.00$ 275,753.00$ 132,396.00$ 275,753.00$ 137,876.50$ 202-000-402.500 Replacement Property Tax61,467.00$ 50,000.00$ (11,467.00)$ 50,000.00$ 25,000.00$ 202-000-650.000 Interest337.00$ -$ (337.00)$ -$ -$ 202-000-698.000 Transfer from Fund Balance347,117.00$ 350,000.00$ 2,883.00$ 20,000.00$ 10,000.00$ ==================================================================================================== Total Revenue552,278.00$ 675,753.00$ 123,475.00$ 345,753.00$ 172,876.50$ ====================================================================================================Assessor's Office114,894.00$ 148,035.00$ 33,141.00$ 148,564.00$ 74,282.00$ Supervisor75,462.00$ 81,030.00$ 5,568.00$ 85,519.00$ 42,759.50$ Community Purchased Services321,209.00$ 324,164.00$ 2,955.00$ 60,000.00$ 30,000.00$ Community Action Programs27,003.00$ 45,550.00$ 18,547.00$ 42,650.00$ 21,325.00$ Legal Fees15,100.00$ 50,000.00$ 34,900.00$ 5,000.00$ 2,500.00$ ==================================================================================================== Total Expenditures538,568.00$ 598,779.00$ 60,211.00$ 341,733.00$ 170,866.50$ ==================================================================================================== Net Income (Loss)13,710.00$ 76,974.00$ 183,686.00$ 4,020.00$ 2,010.00$ ====================================================================================================Page 9 of 15Page 24 of 563 ASSESSOR Evanston Township Fiscal Year EndingTown Fund - Revenue & Expenditures 03/31/20124/1/2010Proposed3/31/2011BudgetProposed10/1/2011DescriptionEstimated Actual 2010-2011Variance2011-20123/31/2012===============================================================================================================================================202-021-702-004 Assessor8,000.00$ 8,000.00$ -$ 8,000.00$ 4,000.00$ 202-021-702.005 Deputy Assessor25,096.00$ 45,000.00$ 19,904.00$ 44,845.00$ 22,422.50$ 202-021-702.006 Assessor Assistant31,504.00$ 31,620.00$ 116.00$ 33,000.00$ 16,500.00$ 202-021-702.010 Part-Time Assistant2,500.00$ 2,500.00$ -$ 8,155.00$ 4,077.50$ 202-021-710.000 Unemployment Tax-State2,541.00$ 1,000.00$ (1,541.00)$ 3,000.00$ 1,500.00$ 202-021-711.000 FICA/Medicare Tax Expense4,547.00$ 5,300.00$ 753.00$ 5,300.00$ 2,650.00$ 202-021-713.000 IMRF735.00$ 4,700.00$ 3,965.00$ 1,000.00$ 500.00$ 202-021-714.000 Medical & Life Insurance5,829.00$ 10,586.00$ 4,757.00$ 6,400.00$ 3,200.00$ 202-021-750.000 Supplies3,530.00$ 2,000.00$ (1,530.00)$ 3,000.00$ 1,500.00$ 202-021-751.000 Postage284.00$ 1,000.00$ 716.00$ 500.00$ 250.00$ 202-021-752.000 Printing and Duplicating725.00$ 1,000.00$ 275.00$ 1,500.00$ 750.00$ 202-021-755.000 Sid Well Maps378.00$ 400.00$ 22.00$ 400.00$ 200.00$ 202-021-802.000 Contract Service 3,103.00$ 4,750.00$ 1,647.00$ 4,000.00$ 2,000.00$ 202-021-803.000 Payroll Processing1,839.00$ 1,300.00$ (539.00)$ 1,510.00$ 755.00$ 202-021-809.000 Dues & Subscriptions391.00$ 1,000.00$ 609.00$ 500.00$ 250.00$ Page 10 of 15Page 25 of 563 ASSESSOR Evanston Township General Assistance Office Fiscal Year EndingTown Fund - Revenue & Expenditures 03/31/20124/1/2010Proposed3/31/2011BudgetProposed10/1/2011DescriptionEstimated Actual 2010-2011Variance2011-20123/31/2012===============================================================================================================================================202-021-841.000 Travel/Education1,285.00$ 1,500.00$ 215.00$ 2,000.00$ 1,000.00$ 202-021-919.000 Phone1,769.00$ 2,500.00$ 731.00$ 2,025.00$ 1,012.50$ 202-021-920.000 Utilities3,037.00$ 2,450.00$ (587.00)$ 3,500.00$ 1,750.00$ 202-021-935.000 Equipment Maintenance1,122.00$ 2,500.00$ 1,378.00$ 2,000.00$ 1,000.00$ 202-021-936.000 Equipment Purchase-$ 2,000.00$ 2,000.00$ 1,000.00$ 500.00$ 202-021-940.000 Rent16,679.00$ 16,679.00$ -$ 16,679.00$ 8,339.50$ 202-021-950.000 Contingency-$ 250.00$ 250.00$ 250.00$ 125.00$ ==================================================================================================== Total Expenditures114,894.00$ 148,035.00$ 33,141.00$ 148,564.00$ 74,282.00$ Page 11 of 15Page 26 of 563 SUPERVISOR Evanston Township Fiscal Year EndingTown Fund - Revenue & Expenditures 03/31/20124/1/2010Proposed3/31/2011BudgetProposed10/1/2011DescriptionEstimated Actual 2010-2011Variance2011-20123/31/2012================================================================================================================================202-022-702.000 Supervisor Salary13,400.00$ 13,400.00$ -$ 13,400.00$ 6,700.00$ 202-022-711.000 FICA/Medicare1,165.00$ 1,100.00$ (65.00)$ 1,165.00$ 582.50$ 202-022-713.000 IMRF376.00$ 930.00$ 554.00$ 376.00$ 188.00$ 202-022-802.000 Contractual Services-$ -$ -$ 4,000.00$ 2,000.00$ 202-022-804.000 Legal352.00$ 500.00$ 148.00$ 1,500.00$ 750.00$ 202-022-805.000 Auditing Services20,000.00$ 28,000.00$ 8,000.00$ 22,250.00$ 11,125.00$ 202-022-806.000 Accounting Services31,278.00$ 30,000.00$ (1,278.00)$ 31,278.00$ 15,639.00$ 202-022-809.000 Dues & Subscriptions5,407.00$ 3,000.00$ (2,407.00)$ 5,500.00$ 2,750.00$ 202-022-936.000 Equipment Purchase-$ -$ -$ 2,000.00$ 1,000.00$ 202-022-841.000 Travel/Conference3,431.00$ 4,000.00$ 569.00$ 4,000.00$ 2,000.00$ 202-022981.000 BankingFees53.00$ 100.00$ 47.00$ 50.00$ 25.00$ ==================================================================================================== Total Expenditures75,462.00$ 81,030.00$ 5,568.00$ 85,519.00$ 42,759.50$ ====================================================================================================Page 12 of 15Page 27 of 563 COMMUNITY PURCHASED SERVICES Evanston Township Fiscal Year EndingTown Fund - Revenue & Expenditures 03/31/20124/1/2010Proposed3/31/2011BudgetProposed10/1/2011DescriptionEstimated Actual 2010-2011Variance2011-20123/31/2012===============================================================================================================================================202-023-917.500Collaborative Supportive Housing Program3,512.00$ 3,512.00$ -$ -$ -$ 202-023-903.000 Childcare Network of Evanston50,000.00$ 50,000.00$ -$ 5,000.00$ 2,500.00$ 202-023-917.501 Family Focus19,800.00$ 19,800.00$ -$ 5,000.00$ 2,500.00$ 202-023-917.502 Legal Assistance Foundation31,504.00$ 31,504.00$ -$ 5,000.00$ 2,500.00$ 202-023-917.503 YOU25,000.00$ 25,000.00$ -$ 5,000.00$ 2,500.00$ 202-023-905.000James B. Moran Center/ CommunityDefender28,512.00$ 28,512.00$ -$ 5,000.00$ 2,500.00$ 202-023-906.000 Housing Options22,000.00$ 22,000.00$ -$ 5,000.00$ 2,500.00$ 202-023-917.504 Shore Community Services8,865.00$ 11,820.00$ 2,955.00$ 5,000.00$ 2,500.00$ 202-023-908.000 Evanston Northshore YWCA6,600.00$ 6,600.00$ -$ -$ -$ 202-023-909.000 Child Care Center of Evanston16,016.00$ 16,016.00$ -$ 5,000.00$ 2,500.00$ 202-023-910.000 Connections For The Homeless24,200.00$ 24,200.00$ -$ 5,000.00$ 2,500.00$ 202-023-911.000 Infant Welfare Soceity25,000.00$ 25,000.00$ -$ 5,000.00$ 2,500.00$ 202-023-912.000 North Shore Senior Services35,200.00$ 35,200.00$ -$ 5,000.00$ 2,500.00$ 202-023-913.000 Metropolitan Family Services25,000.00$ 25,000.00$ -$ 5,000.00$ 2,500.00$ ==================================================================================================== Total Expenditures321,209.00$ 324,164.00$ 2,955.00$ 60,000.00$ 30,000.00$ ====================================================================================================Page 13 of 15Page 28 of 563 COMMUNITY ACTION Evanston Township Fiscal Year EndingTown Fund - Revenue & Expenditures 03/31/20124/1/2010Proposed3/31/2011BudgetProposed10/1/2011DescriptionEstimated Actual 2010-2011Variance2011-20123/31/2012===============================================================================================================================================202-024-901.000 Community Action Programs6,445.00$ 24,900.00$ 18,455.00$ 12,000.00$ 6,000.00$ 202-024-902.000 Veteran Services558.00$ 650.00$ 92.00$ 650.00$ 325.00$ 202-024-916.000 Summer Youth Program20,000.00$ 20,000.00$ -$ 30,000.00$ 15,000.00$ ==================================================================================================== Total Expenditures27,003.00$ 45,550.00$ 18,547.00$ 42,650.00$ 21,325.00$ ====================================================================================================Page 14 of 15Page 29 of 563 LEGAL Evanston Township Fiscal Year EndingTown Fund - Revenue & Expenditures 03/31/20124/1/2010Proposed3/31/2011BudgetProposed10/1/2011DescriptionEstimated Actual 2010-2011Variance2011-20123/31/2012================================================================================================================================202-025-804.000 Legal Services15,100.00$ 50,000.00$ 34,900.00$ 5,000.00$ 2,500.00$ ==================================================================================================== Total Expenditures15,100.00$ 50,000.00$ 34,900.00$ 5,000.00$ 2,500.00$ ====================================================================================================Page 15 of 15Page 30 of 563 1 To: Members of the Evanston Township Board From: W. Grant Farrar, Township Board Attorney Subject: Township Organization and General Assistance Date: September 12, 2011 Purpose We analyze issues regarding the Township Fund, the General Assistance Fund and General Assistance Program, township staffing and services, the township budget, and township dissolution. This opinion is an informed overview of the legal context of these issues. Given the very complex interplay of numerous statutes, much more evaluation and research into these areas is necessary. We note that consideration of the legal context aside, cooperative efforts between the City and Township may address these issues in an alternative manner, and cooperative efforts which may have been undertaken in the past could further inform this analysis. Lastly, the possibility exists that legislation could be introduced and adopted in Springfield to create an alternate form of township government in Evanston. Executive Summary x The Illinois Constitution and relevant statutes allow for the dissolution of townships pursuant to a successful public referendum passed in a general election. However, the Constitution and relevant portions of the Township Code conflict regarding the necessary procedures for placing a referendum on the ballot and whether a referendum may dissolve a single coterminous township. Based upon the applicable precedent that is discussed herein, we believe Evanston Township may be dissolved upon passage of a referendum question regarding same. Further research is necessary to confirm this initial assessment. x General Assistance is provided by Evanston Township pursuant to the General Assistance Code. The Township Board has auditing, accounting and taxing powers in relation to General Assistance. While the Township Supervisor, as ex officio supervisor of General Assistance, has administrative power over General Assistance, the Township Supervisor must maintain records detailing the use of public funds and must submit reports regarding the use of public funds to the Township Board annually and at the request of the Township Board. Further evaluation is required regarding consolidation, assumption or transfer of General Assistance functions. Memorandum Page 31 of 563 2 x If the Township were dissolved, the Township Board would likely have the power to enter into an agreement with the City to administer a General Assistance Program. However, more evaluation of this course of action is needed. x While the Township Board has oversight over Township finances through its auditing, accounting and taxing powers, the Supervisor and the Assessor are tasked with handling staffing matters in the General Assistance Office and in the Assessor’s Office, respectively. Background & Analysis I. The Township Board & Status of Legal Representation In the Township The Evanston City Council, sitting as the Township Board of Trustees for the coterminous township of the Town of Evanston, approves the Township’s annual budget. 60 ILCS 1/15-50. It is the legislative arm of the Township. The Township Supervisor and Township Assessor are elected officers of the Township. The powers of the Township Board are exercised by the City Council, and the Mayor, as presiding officer of the City Council, is also a member of the Town Board and presides over Township Board meetings.See, IL Atty.Gen.Op. 97-025 (1997). The Township Supervisor has no authority to participate in proceedings of a City Council sitting as a township board.Id. This department issued two opinions regarding the dual representation as Corporation Counsel and Township Attorney on May 26 and June 29, 2011. In light of the vigorous debate regarding the proposed Township Budget during the Township meeting on June 27th, and the Board’s direction to me to opine regarding the dissolution of the Township, there was a concurrent conflict of interest implicating the Law Department’s role as “Township Attorney”. The Law Department represents the Township in an organizational capacity, and not any one individual officer or constituent of the organization. Accordingly, this department withdrew from representing the Township as the “Township Attorney”. We continue to advise the legislative arm of the Township, the Township Board, as to legal matters. II. Township Budget The Township’s fiscal year began April 1, 2011 and ends March 31, 2012. The first half of the fiscal year elapses on September 30, 2011. The Township Board has previously met, considered, and already approved certain of the Township bills incurred during the first half of the fiscal year. The Board deliberated regarding the proposed budget on June 27, 2011, and in the Township Board’s dialog with the Township Board Attorney, discussion was had regarding approving the Township budget for 90 days, incepting July 1, 2011 and continuing through September 30, 2011. Pursuant to 60 ILCS 1/80-60, the Township Board may adopt all or part of the tentative budget and appropriation ordinance, as the Township Board deems necessary, and pursuant to 60 ILCS 1/85-13, the Township Page 32 of 563 3 Board may expend funds to provide certain services to the residents of Evanston Township. Pursuant to its statutory authority at the June 27th meeting, the Township Board approved the budget for the Township for the first half of the Township’s fiscal year through September 30, 2011 with total appropriations of $631,153.00. From the Town Fund, the Town Board approved a total appropriation of $137,876.50. From the General Assistance Fund, the Town Board approved a total of $492,276.50. This appropriation equated to 50% of the Township’s proposed budget and was approved via ordinance 1-T-11. At the September 19th meeting, it is necessary to consider and approve the second half of the fiscal year budget for the period of October 1, 2011 through March 31, 2012. This office will prepare the cover ordinance for the budget, Ordinance 2T-O-11. However, it is not involved with, and has no comment on, the budget line items prepared by Supervisor Vance or Assessor Wilson. III. Dissolving an Illinois Township The City of Evanston and the Township share the same boundaries, making the City coterminous with the Township. Cook County contains 30 townships. Of those 30 townships, five townships – Berwyn, Cicero, Evanston, Oak Park, and River Forest – are coterminous with a city, village, or town. How a single coterminous township may be dissolved is a question of law complicated by conflicting provisions in the Township Code vis-à-vis the Illinois Constitution and Election Code. The Illinois Constitution authorizes the dissolution of a township via referendum in the following manner: The General Assembly shall provide by law for the formation of townships in any county when approved by county-wide referendum. Townships may be consolidated or merged, and one or more townships may be dissolved or divided, when approved by referendum in each township affected. All townships in a county may be dissolved when approved by a referendum in the total area in which township officers are elected. [emphasis added] Article VII, Section 5 of the Illinois Constitution of 1970. It is clear that Article VII of the Illinois Constitution authorizes the dissolution of one or more townships by referendum in each township affected. Thus, under Article VII, Evanston Township could be dissolved by a dissolution referendum approved in the township affected, i.e., Evanston Township. According to the Illinois Election Code 10 ILCS 5/ et seq., referenda authorized by Article VII of the Illinois Constitution with respect to units of local government may be initiated by the public body or voters. Page 33 of 563 4 Any such public question may be initiated by the governing body of the unit of local government by resolution or by the filing with the clerk or secretary of the governmental unit of a petition signed by a number of qualified electors equal to or greater than 10% of the number of registered voters in the governmental unit, requesting the submission of the proposal for such action to the voters of the governmental unit at a regular election. [emphasis added] 10 ILCS 5/28-7. However, there is a clear conflict between the referendum authorized in Article VII of the Constitution, and the language in the dissolution provisions of the Township Code. Specifically, the Township Code only provides for the dissolution of township organization county-wide. 60 ILCS 1/25-5. For the dissolution question to reach the ballot, at least 10% of the registered voters of each township must petition the county board to certify the continuation question for a referendum. Id. (Emphasis added). In order for dissolution to prevail, a majority of the votes in at least three-fourths of the townships, containing at least a majority of the population in the county, must cast their vote against the continuance of township organization. 60 ILCS 1/25-10. We note that a tenet of statutory construction holds that a specific statute such as the Township Code speaking to townships, will control over a general statute such as the Election Code. However the Illinois Constitution’s enabling language must be the first port of call in any analysis. We opine that the Illinois Constitution is clear and overrides the inconsistent language in the implementing statute, the Township Code. We found only one Illinois circuit court decision which considered this issue, such opinion which accords with our conclusion. Prior to Public Act 89-365, effective August 18, 1995, the Township Code required only that a majority of the votes cast on the question of township continuation be against continuation in order for township organization to be dissolved within a county. In 1995, citizen groups challenged the “three-fourths” addition to 60 ILCS 1/25-10 in DuPage County. On June 3, 1996, a DuPage county judge issued an order and opinion declaring 60 ILCS 1/25-10 unconstitutional. Send Township Officials Packing v. DuPage County Election Commission, 95 MR 750 (18th Jud. Cir. 1996). Judge Byrne specifically held that referendum approval is not required by a majority in each township to abolish all township government in a county. It follows that a court would conclude that if Evanston voters desired to abolish the township, the outcome is not dependent upon what other voters in Cook County townships desired to do. Lastly, despite the 1996 opinion, 60 ILCS 1/25-10 remains unchanged. We also note P.A. 97-0611 signed by Governor Quinn in August 2011. Public Act 97-0611 provides for voter referendums to abolish township road districts in Cook County, with townships assuming the powers of the road district. While this bill does not apply to Evanston as there is no township road district, it is an indication of the fact that the General Assembly has considered and approved of combining and dissolving certain township functions in Cook County. Page 34 of 563 5 Given the legal contradictions between Article VII of the Illinois Constitution, which allows for the dissolution of a single township, and the Township Code, which allows only for dissolution of township organization county-wide, there are additional practical considerations which touch upon dissolution. The peculiarity of township organization in Cook County, as opposed to the 84 other Illinois counties with township organization, likely makes attaining the “three-fourths” majority requirement of 60 ILCS 1/25-10 impossible, and provides additional grounds for distinguishing the statute. Delegates at the 1970 Constitutional Convention recognized the distinctiveness of Cook County townships, and even recognized that Chicago has townships, but that they are inactive. And of course, a coterminous township such as Evanston is distinctive when considering statutory issues. In short, the Constitution and the implementing statutes regarding township dissolution are complex and contradictory. Yet based upon the clear language of the Illinois Constitution, we conclude at this preliminary juncture that a referendum may be placed on the ballot in Evanston Township which asks the voters to approve or disapprove of township discontinuation. Pending further direction by the Board, we caution that further legal evaluation and analysis of this issue is required if a referendum is to be pursued. The due process considerations attendant to the elected township officials must also be considered. IV. General Assistance Program Statutory Background General Assistance is administered pursuant to the Illinois Public Aid Code 305 ILCS 5/1 et seq. In counties under township organization, the Public Aid Code places administration of General Assistance in townships. This opinion is limited to consideration of the legal ramifications of the provision of General Assistance and does not speak to administrative issues which are the subject of a separate analysis. Article 6 of the Illinois Public Aid Code is the general Public Assistance statute directing eligibility and detailing forms of aid. 305 ILCS 5/6 et seq. On its own terms, Article 6 does not state with specificity which governmental bodies must administer General Assistance; rather, Article 6 pertains to “each unit of local government subject to this Article,” without defining units of local government. [emphasis added] 305 ILCS 5/6-1. Generally, “unit of local government” is a broad term that includes municipalities, townships, special districts, and certain units, and Article 2 circularly defines “unit of local government” as every county, city, incorporated town or township charged with the duty of providing public aid under Article 6. 305 ILCS 5/2-14. Applying the general definition of “unit of local government” to include a municipality in this context is incompatible with the Public Aid Code’s broader legislative scheme. Specifically, Article 12, which directs the administration of the Public Aid Code, provides that local governmental units shall provide funds for and administer the programs of Article 6 (Public Assistance), without defining those units. 305 ILCS 5/12-3. That same article, however, further categorizes Public Assistance administration based on the existence of township organization within a county. Id. In counties with township organization the “various towns” provide funds for and administer Public Assistance programs. Id. In Page 35 of 563 6 counties without townships, county government funds and administers Public Assistance. Id. This specific categorization therefore defines townships and counties as the local governmental units “subject to” Article 6. Moreover, under the Code, township supervisors are ex officio Supervisors of Public Assistance. 305 ILCS 5/12- 21.2. Roles of the Township Board and Supervisor Under the Public Aid Code and the Township Code, the township board has accounting, auditing, and taxing powers in relation to the General Assistance Fund. The board has the authority to consent to expenditures of the supervisor beyond the tax monies raised for the purpose of providing general assistance, to audit the supervisor’s accounts as supervisor of general assistance, to raise money by taxation for the general assistance fund, to transfer funds from the general fund to the general assistance fund (if not earmarked for other purposes), and to contract with other governmental entities or non- profit corporations.Johnson v. Town of the City of Evanston, 350 N.E.2d 70, 75 (1st Dist. 1976). Under the Public Aid Code, the supervisor of General Assistance may appoint employees necessary to provide public aid and may prescribe the compensation and duties of those employees. 305 ILCS 5/12-2. The supervisor may receive and payout tax money allocated for General Assistance, must keep records, and must submit annually and as required by the township board reports detailing the administration of the General Assistance Program.Id. The supervisor must keep accurate records pertaining to the payout of public funds, and that information must be made available to the township board as auditors of those expenses.Wayne Township Board of Auditors v. Vogel, 386 N.E.2d 91, 94 (2nd Dist. 1979). Possible City Involvement in the General Assistance Program In the instance of a dissolved township, it will be necessary for another general purpose unit of local government to transfer over and then administer the necessary programs, in this case, it could be the City. We opine that this could be possible in the case where the township electors voted to dissolve the township. See, IL Atty.Gen.Op. 97-021. It is necessary to further consider the possibility that the City could administer General Assistance, and its possible funding powers, in the context of its home rule authority, particularly where the Public Aid Code is ambiguous relative to this issue. Another option to investigate is whether the coterminous City of Evanston could administer General Assistance without dissolving the township. The township board has the statutory authority to reach an agreement with another governmental entity to provide General Assistance services to residents of the Township. 60 ILCS 1/85-13. Specifically, the township board may either expend funds directly or may enter into a cooperative agreement or contract with any other governmental entity, to provide social services for the poor and aged. 60 ILCS 1/85-13(G). Individuals in the General Counsel’s office and in Human Capital Development at the state Department of Human Services are unaware of any township in Illinois engaging in an intergovernmental agreement with a municipality for the administration of Public Assistance. Given the Page 36 of 563 7 potential scope and related issues of an intergovernmental agreement, it will be necessary to exhaustively research and vet these issues if this course of action is recommended. V. Alternate Form of Township Government Cook County Commissioner Larry Suffredin recently spoke to the possibility that legislative action in Springfield could create an alternate form of township government in Evanston. This course of action may provide for a transition period for coterminous township services and tie into the principles of intergovernmental cooperation discussed in this opinion. The Township Code may be able to be amended to carve out a distinct status for coterminous Evanston Township. VI. Conclusion We opine that dissolution of Evanston Township may be provided for by referendum, consistent with the Illinois Constitution. Service levels in the context of the statutory schemes require further investigation, however, we note that the Illinois Constitution provides for, and favors, intergovernmental cooperation among various units of local government. Page 37 of 563 1 To: Wally Bobkiewicz, City Manager From: Joellen C. Earl Subject: Review of Township Budget Date: September 13, 2011 As requested, I have reviewed all of the available documents related to the Township’s budget, specifically the budget as submitted for the year ending 03-31-2012 and the memorandum prepared for the Human Services Committee by Evonda Thomas, Director of the Health Department, dated May 17, 2011. I have consulted with the City’s Accounting and Human Resources staff and well as with the Corporation Counsel. While the question of dissolution of the Township remains open, a review of the administrative costs associated with the operation of the Township reveals that there may be some opportunities for cost savings if cooperative efforts are established between the City and Township of Evanston. I have attached a spreadsheet that contains all of the administrative line items with associated costs and possible opportunities that exist for consideration and cost savings. On Wednesday, September 7, 2011 we met with the Township and provided my preliminary analysis of the budgets and potential cost savings. As a result of the review, we scheduled a follow-up meeting for Monday, September 12, which I attend at the Township Supervisor’s Office. At that time, we reviewed additional budget detail and discussed potential areas of savings by coordinating some efforts to provide administrative support to the Township and Assessor’s Offices. The opportunities that are presented on the attached spreadsheet assume that the Township budget is absorbed into the City budget, the benefits of which are as follows: 1. The Township budget would be treated as a separate fund within the City of Evanston, such as the Water, Sewer, Solid Waste and Parking. The Township budget would be available for public inspection on the website, similar to the City’s other budget documents. 2. Accounts payable functions would be combined, thus resulting in cost savings and the generation of a comprehensive bills list that includes all Township expenses. Memorandum Page 38 of 563 2 3. If legally possible, a Township fund would be included as part of the City’s annual audit, thus significantly eliminating the expense on behalf of the Township. 4. Payroll services would be offered through the City, thus eliminating the expense on behalf of the Township. 5. IT services would be offered through the City, thus significantly reducing or eliminating the expense on behalf of the Township. The figures on the attached spreadsheet contain the best case scenario, which includes savings of just over $85,000 should these changes be implemented. Also, any potential savings related to the reduction of personnel at the Township have not been included. Prior to implementing any of these opportunities, it is recommended that the following occur: 1. The following IT items be implemented: a. PC, Printer and phone support be provided by City staff rather than by the current contractor – there is a 30-day cancellation provision with the current provider. b. Networking service be provided by utilizing the City’s wireless connection from either Fire Station 4 or Robert Crown. There is a one time cost of about $3,000 to set up the network. i. Provide Internet access, file storage and backup, and email. ii. Review and discontinue current contractual obligations with network and email providers. c. Further review phone service options – either through the City’s Internet connection or Cisco VOIP solution. 2. Determine if the Audit can be completed legally in conjunction with the City. 3. Extend Office Depot pricing via the Finance Division to the Township and Assessor’s Offices. 4. Allow the Township and Assessor to store files in a City facility to eliminate the fee paid to Public Storage. 5. Review the Xerox copier lease to determine if the lease could be discontinued and the service provided in conjunction with the City lease of copier equipment. 6. Review the Pitney Bowes arrangement with the Township and Assessor to determine if the service could be combined with the City. 7. Eliminate the yearly alarm fee charged by the City of Evanston to the Township. Finally, it would be advisable to change the fiscal year of the Township to coincide with the City’s calendar year fiscal year so all of the financial documents can be developed, administered and reviewed within the same timeframe. Please let me know if you have any questions or need additional information. Page 39 of 563 Township Budget General Assistance Administrative Overhead Proposed Annualized Account Number Description 2011-2012 Cost Savings Comment 101-013-802.000 Contract Services* 30,000.00 10,000.00 See Below for Detail 101-013-803.000 Payroll Processing 2,500.00 2,500.00 Transfer to City 101-013-812.000 Data Processing 10,000.00 9,000.00 Transfer to City - 30-day cancellation provision 101-013-981.000 Banking Fees 1,100.00 1,100.00 Transfer to City 101-013-942.000 Storage Fee 2,200.00 2,200.00 Transfer to City Assessor 202-021-802.000 Contract Service 4,000.00 3,450.00 Transfer to City - IT Support/Software 202-021-803.000 Payroll Processing 1,510.00 1,510.00 Transfer to City Supervisor 202-022-802.000 Contractual Services 4,000.00 4,000.00 Transfer to City - Web Development 202-022-805.000 Auditing Services 22,250.00 22,250.00 Transfer to City 202-022-806.000 Accounting Services 31,278.00 31,278.00 Transfer to City 202-022-981.000 Banking Fees 50.00 50.00 Transfer to City 108,888.00$ 87,338.00$ Monthly Annual Description Detail Cost Cost Comment *Contract Services Xerox Copier 623.05 7,476.60 Five-year Lease Ptiney Bowes 201.00 2,412.00 Lease expires 11/30/11 NJS-VisualNet GA 2,800.00 Maintenance and Technical Support of Software Alarm Detection 2,012.16 Groot 55.31 663.72 Hinckley Springs 45.16 541.92 Tyler Technologies 875.60 Software Maintenance Fee COE Alarm Fee 30.00 Janitorial Services 530.00 6,360.00 Telephone Maintenance 1,000.00 Unanticipated 5,828.00 30,000.00$ Page 40 of 563 Page 41 of 563 Page 42 of 563 Page 43 of 563 Page 44 of 563 Page 45 of 563 Page 46 of 563 Page 47 of 563 Page 48 of 563 Page 49 of 563 Page 50 of 563 Page 51 of 563 Page 52 of 563 Page 53 of 563 Page 54 of 563 For City Council meeting of September 26, 2011 Item SP1 Special Order of Business: 2012 Budget and Capital Project Update For Action To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager and Interim Director of Administrative Services Subject: City Council FY2012 Budget and Capital Project Update Date: September 21, 2011 Recommended Action Staff recommends that City Council accept and place on file the FY2012 Budget and Capital Project Update. Summary The Proposed 2012 Budget will be submitted to the City Council October 7, 2012. Staff continues to provide updates on the status of our current budget compared to actual performance as well as highlight our process for 2012. This 2012 update will include a recap of our current 2012 deficit projection and a summary of anticipated Capital Projects for the coming year. At the September 26, 2011 Council meeting staff will also present the results of the Citizen Engagement meetings as well as the summary results from the Engage Evanston Budget Survey. Memorandum Page 55 of 563 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, September 12, 2011 Roll Call: Alderman Grover Alderman Wynne Alderman Rainey Alderman Wilson Alderman Burrus Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Presiding: Mayor Elizabeth B. Tisdahl Mayor Tisdahl called the meeting of the Regular Meeting of the City Council at 8:45 pm after the Roll Call had been completed. Mayor Public Announcements and Proclamations The Mayor announced that September is the National Preparedness Month. She also congratulated Fire Chief Klaiber for an excellent job on presenting the 911 Remembrance Service. City Manager Public Announcements Recognition of Joellen Earl’s Retirement, the City Manager and Mayor Tisdahl presented Mrs. Earl with a plaque of appreciation of her great service to the City of Evanston. She then thanked the City Manager and said how much she enjoyed working with the Council and the staff. Mr. Bobkiewicz then introduced Donna Dziedzic the Interim Library Director and she stated she was impressed with the staff and was looking forward to working here in Evanston. Mr. Bobkiewicz then mentioned the North Shore Century Bike Race which will be held this Sunday the 18th, about 1600 participants. He then mentioned the budget process which starts Saturday, September 17th at the Crown Center at 9:00 am as well as the schedule of remaining budget discussions. He next called Mr. McRae, Assistant City Manager to come forward to speak on a program that was sponsored this summer by the City. Mr. McRae stated the skating initiative was so well accepted that people asked to continue it. The City is looking for partnerships to rent skates and if not possible the City would purchase the skates. Alderman Rainey offered the Community Development Block Grant Committee to pay for the skates. Mr. Bobkiewicz stated his concern for becoming yet another business owner in skating rental. Page 56 of 563 September 12, 2011 2 Communications: City Clerk had no communications. Citizen Comment: Lisa Flint, 2147 Dewey Ave. spoke of her concern of the dog day care center and its affects on the residents around the center. She also stated the residents were not considered before the center was to move in. Junad Rizki, 2202 Sheridan spoke of his concerns of the $80,000.00 for payment to a consultant. Council members should demand more work from the staff and exercise better use of our tax dollars before hiring a consultant. Jim Wolinski, 2242 Lincolnwood announced the Kiwani’s “Faces of Evanston Reception” will be held this Thursday, the 15th at the Noyes Cultural Arts Center at 5:30- 7:30 pm. The peanut day will be Friday, 23rd of September. He also gave a short report of the various organizations the Kiwanians support. Kevin O’Connor, 1227 ½ had questions and concerns of the budget and the consultant’s fee and how much of the taxpayers dollars are used. He also pointed out monies being allocated for items A3.6 and A3.3. Padma Rao, 2246 Sherman spoke concerning the Kendall project and 1st amendment Issues. She asked why the Council voted to kill over two dozen trees and endanger the lives of young children with a dangerous alley behind Kendall. She then accused the Council, Mayor, and City Manager for misrepresenting the residence and unduly allowing attacks own her personage. B.K. Rao, 2246 Sherman spoke of her concern for the Kendall project and the killing of the trees and the installation of an alley which will be endangering the children who play in that area. She stated respect must be shown before it is expected of others. Priscilla Giles, 1829 Ashland spoke concerning the Fleetwood/Jourdain turnaround and how it has become a hardship for the handicap to get from the parking lot in the back into the building to use the elevator which is in the front of the building. She stated the building is not handicap assessable and she requested the replacement of the turnaround for the seniors and handicap. She supports the keeping of the waste station. Jeff Kretchmer, 1614 Main St. spoke of his injuries and his dog from the attack of a loose Pit-bull dog and how the dog then attacked the Policeman who responded and the dog was shot in his head, but the dog went back to his owners home. He requested to have a greater responsibility for dog owners. Items not approved on Consent Agenda: (A3.6) Approval of Contract Award for Economic Development Consulting Services to Kane McKenna and Associates, Inc. (RFP 12-39) Staff and the Economic Development Committee recommends City Council authorize the City Manager to execute a contract in response to RFP 12-39 for consulting services pertaining to economic development activities to Kane McKenna and Associates, Inc. with Special Consultant: Michio Murakishi (150 North Wacker Drive, Chicago, IL) for an amount not to exceed $80,000. Funding will be provided by the Economic Development Fund-Other Consulting Services - Account 5300.62185. For Action Page 57 of 563 September 12, 2011 3 (A4) Accept and Place on File the FY2010-11 Audited Annual Financial Report Staff recommends that the City Council accept and place on file the City of Evanston FY2010-11 Audited Annual Financial Report. The full report is available at: http://www.cityofevanston.org/transparency/budget-financial-reports/. For Action (P3)Application for a Special Use for a Bed and Breakfast at 300 Church Street in the R1 Single-Family Zoning District The Zoning Board of Appeals recommends to the City Council to deny the application for a special use permit to operate a Bed and Breakfast at 300 Church Street. The Site Plan and Appearance Review Committee and Staff declined to make a positive recommendation due to practical concerns about parking. A draft ordinance will be provided at a future meeting if the Planning and Development Committee and City Council disagree with the ZBA’s recommendation to deny. For Action (P4)Ordinance 67-O-11 Amending Various Portions of the Zoning Ordinance Relating to the Creation of “Domestic Animal Daycare Center” and “Kennel” Uses Plan Commission and staff recommend approval of the proposed Ordinance 67-O-11 to establish “Domestic Animal Daycare Center” and “Kennel” uses within the City and as allowable special uses in the following zoning districts: Business-B1, B2, B3, and B1a; Commercial-C1, C1a, and C2; Mixed Use-MXE and MUE; and Industrial- I1, I2, and I3. At present, the only zoning code definition dealing with the care of animals is Animal Hospitals. The Animal Hospital definition does not fit proposals where the primary purpose is the daily sheltering of animals. For Action (H4)Ordinance 49-O-11 Provisionally Adopting, Enacting and Re-Enacting New and Amended Code Provisions to Titles 8, 9, 10 Staff submits for review and consideration adoption of Ordinance 49-O-11 provisionally amending Titles 8, 9, 10 to the Evanston City Code. At the August 1, 2011, meeting of the Human Services Committee, the Committee noted the length and complexity of the Code sections amended in this installment of the Code modernization project and recommended a careful and comprehensive review of the proposed changes by the full Council before passage. For Action (O1) Approval of Amendments to Ward Manufacturing Company Agreement Staff and the Economic Development Committee support a recommendation to City Council to authorize the City Manager to amend the agreement for financial assistance between the City of Evanston and Ward Manufacturing Company (“Ward”). The amendment will revise the conditions for payment of assistance based on the construction phasing adopted by Ward. The funding source for this project was identified previously as the Southwest Tax Increment Financing (TIF) District (Account: 5540.62665). For Action Page 58 of 563 September 12, 2011 4 CONSENT AGENDA (M1) Approval of Minutes of the Special City Council Meeting of August 1, 2011 (M2) Approval of Minutes of the Regular City Council Meeting of August 8, 2011 ADMINISTRATION & PUBLIC WORKS COMMITTEE ((A1) City of Evanston Payroll through 08/14/11 $2,745,227.46 City of Evanston Payroll through 08/28/11 $2,590,693.33 (A2) City of Evanston Bills FY2011 through 09/13/11 $4,575,116.80 Credit Card Activity for Period Ending 07/ 31/11 $ 101,491.79 (A3.1)Approval of Contract for the Evanston Water Utility Asbestos Abatement Phase 2 (Bid 12-55) Staff recommends that City Council authorize the City Manager to execute a contract for Asbestos Abatement Phase 2 at the Evanston Water Utility (Bid No. 12-55) with DEM Services, Inc. (1765 Cortland Court, Suite A, Addison, IL) in the amount of $27,530.20. Funding for this work will be from the Water Fund, Account 733095.65515. This capital improvement account has a budget of $50,000 specifically allocated for the engineering and abatement associated with this project. For Action (A3.2)Approval of Contract Award to Mechanical Concepts of Illinois, Inc. for Service Center Air Unit Project Staff recommends that the City Council authorize the City Manager to execute a contract for the Service Center Fleet Services Make Up Air Unit Replacement Project to Mechanical Concepts of Illinois, Inc. (333 S. O’Hare Drive, Romeoville, IL) in the total amount of $102,350.00. Funding will be provided by FY 2011 Capital Improvement Plan Account #416427 in the amount of $85,000 and from General Fund Account 2610.62446 in the amount of $17,350. For Action (A3.3)Approval of Contract Award to Office Concepts for a Three Year Office Furniture Supplier Contract (RFP 12-31) Staff recommends that the City Council authorize the City Manager to execute an office furniture supplier contract with Office Concepts (965 W. Chicago Avenue, Chicago, IL) in response to RFP 12-31. The contract will be valid for three years beginning January 1, 2012. Funding will be provided by individual departments as budgeted annually for furniture replacements. For Action Page 59 of 563 September 12, 2011 5 (A3.4)Approval of Contract Award to Utility Dynamics Corporation for SNAP Lighting Project (Bid 12-53) Staff recommends that the City Council authorize the City Manager to execute a contract in response to Bid 12-53 to award the Darrow Avenue (Simpson Street to North Dead End) Safer Neighborhood Area Project (SNAP) Lighting Project Contract to the lowest responsive and responsible bidder, Utility Dynamics Corporation (23 Commerce Dr., Oswego, IL) in the amount of $52,839.75. Funding for this work will be from CDBG Fund (5170.62780) in the amount $50,807 and Traffic Operations Fund (416028.65515) in the amount of $2032.75. For Action (A3.5)Approval of Contract award for 2011 Block Curb, Sidewalk & ADA Curb Ramp (Bid 12-54) Staff recommends that the City Council authorize the City Manager to execute a contract in response to Bid 12-54 to award the 2011 Block Curb, Sidewalk & ADA Curb Ramp Program to the lowest responsive and responsible bidder, D’Land Construction (600 S. County Line Road, Bensenville, IL) in the amount of $361,976.40. Funding for this work will be from CDBG Fund (5170.62780 & 5170.63030) in the amount of $220,000 and Special Assessment Reserve Fund (6365.65515) in the amount of $141,976.40. For Action (A5)Resolution 50-R-11, Appointing a Director and Alternate Director to the Solid Waste Agency of Northern Cook County Board of Directors Staff recommends City Council consideration of Resolution 52-R-11, which appoints Mayor Tisdahl to serve as Director of the Solid Waste Agency of Northern Cook County, with City Manager Bobkiewicz as Alternate Director, with terms to expire April 30, 2013, or until a successor is appointed. For Action (A6)Resolution 52-R-11, Authorizing the City Manager to Execute a License Agreement with I-GO for the Installation of a Solar Canopy and Electric Vehicle Charging Station at a City Parking Lot Staff recommends City Council approve Resolution 53-R-11 authorizing the City Manager to execute a license agreement with I-GO Car Sharing for the installation of solar canopies and electric vehicle charging stations. I-GO is proposing to install and maintain four plug-in electric vehicles (PEV) in the City of Evanston and two solar canopies. Two vehicles would be placed at Parking Lot 3 and two others at Parking Lot 4. Each lot would have a solar canopy, covering four parking spaces. Two spaces would be dedicated for the I-GO PEVs and two spaces would remain public parking. There will be no cost to the City of Evanston for this project. For Action Page 60 of 563 September 12, 2011 6 (A7)Ordinance 69-O-11, Authorizing the Sale of Surplus Fleet Vehicles Owned by the City of Evanston through Obenauf Auction Service Municipal Equipment Auction Staff recommends that the City Council authorize the City Manager to publicly offer for sale through public auction various vehicles and equipment owned by the city based on Ordinance 69-O-11. The vehicles and equipment are presently out of service or will be in the next few weeks and were assigned to various divisions/departments within the City of Evanston. For Introduction (A8)Ordinance 65-O-11Amending Subsection 3-5-6-(O) of the City Code to Increase the number of Class O liquor licenses from 2 to 3 to permit issuance to ALDI, Inc., 2211 Oakton Street Local Liquor Commissioner recommends City Council adoption of Ordinance 65-O-11. ALDI, Inc. has paid the annual Class O liquor license application fee and provided proof of Surety Bond and Liquor Liability Insurance. At the July 13 Liquor Control Review Board meeting, the Commissioner and the Board Members voiced concern over applicant’s plan for placement of the beer and wine for sale. Section 2 of Ordinance 65- O-11 conditions ALDI’s license on compliance with recommendations from Evanston Police Chief Eddington regarding placement. For Introduction (A9)Ordinance 72-O-11 Amending Subsection 3-5-6-(D) of the City Code to decrease the number of Class D liquor licenses from 24 to 23 due to a change in license class for Peter Mills Productions, Inc., d/b/a “Chef’s Station,” 915 Davis Street The Local Liquor Commissioner recommends adoption of Ordinance 72-O-11, which decreases the Number of Class D Liquor Licenses due to a change in license class for Chef’s Station. For Introduction (A10)Ordinance 73-O-11Amending Subsection 3-5-6-(C) of the City Code to increase the number of Class C liquor licenses from 25 to 26 due to a change in license class for Peter Mills Productions, Inc., d/b/a “Chef’s Station,” 915 Davis Street. The Local Liquor Commissioner recommends adoption of Ordinance 73-O-11. On August 11, 2011, the Liquor Control Review Board met and voted to recommend an increase in the number of Class C liquor licenses due to a change in license class for Chef’s Station. For Introduction Page 61 of 563 September 12, 2011 7 (A11)Ordinance 74-O-11Amending Subsection 3-5-6-(K) of the City Code to increase the number of Class K liquor licenses from 1 to 2 to permit issuance to Sodexo America, LLC, 1501 Central Street Local Liquor Commissioner recommends City Council adoption of Ordinance 74-O-11, which Increases the Number of Class K Liquor Licenses to permit issuance to Sodexo America. Sodexo has paid the annual Class K liquor license application fee and provided proof of Surety Bond and Liquor Liability Insurance. For Introduction (A12)Ordinance 76-O-11, Amending Section 10-11-16 of the City Code to Update Designated Truck Routes Staff recommends the consideration of proposed ordinance 76-O-11 by which the City Council would amend Section 10-11-16 to update the designated truck routes within the City. Funding for any necessary sign updates would be provided through the general fund budget, 2635.65115 traffic control supplies. For Introduction (A13) Ordinance 37-O-11, Amending the City Code to Establish a City Wide 8,000 Pound Weight Limit on City Streets Staff recommends the consideration of Ordinance 37-O-11 by which the City Council would amend Section 10-1-3, 10-1-9-2, and delete 10-11-13, Schedule XIII to establish a City-wide eight thousand (8,000) pound weight limit on City streets unless otherwise designated. The City-wide 8,000 pound limit will not apply to streets under the jurisdiction of the Illinois Department of Transportation (IDOT), City designated truck routes or prohibited truck routes. For Introduction (A14)Ordinance 50-O-11, Provisionally Adopting, Enacting and Re-enacting Titles 3 and 7 of the Evanston City Code Staff submits for review and consideration adoption of Ordinance 50-O-11 provisionally amending the following Titles to the Evanston City Code: Title 3, Business Regulations; and Title 7, Public Ways. Please note: Due to length, proposed Ordinance 50-O-11 with blackline revisions to Titles 3 and 7 will be included on the City Council Agenda & Minutes Webpage with the Council agenda packet as a separate document. For Introduction (A15)Ordinance 64-O-11, Amending City Code Subsection 3-5-6-(V), Class V Liquor Licenses, to Permit Sale of Alcohol Other than Beer and Wine Local Liquor Commissioner recommends City Council adoption of Ordinance 64-O-11. On July 13, 2011, the Liquor Control Review Board convened a hearing to consider amending the Class V liquor license to permit licensees to sell liquors other than beer and wine. Consideration arose from a request by the only Class V licensee, D&D Finer Foods. For Action Page 62 of 563 September 12, 2011 8 PLANNING & DEVELOPMENT COMMITTEE (P1)Ordinance 75-O11: Granting a Special Use for a Type 2 Restaurant at 1701 Sherman Avenue in the D2 Downtown Retail Core Zoning District Staff and the Zoning Board of Appeals (ZBA) recommend the adoption of ordinance 75- O-11, granting a special use permit for the operation of a type 2 restaurant at 1701 Sherman Avenue. Warren Johnson Architects Inc., on behalf of Pret A Manger contract lessee, applied for a special use permit to operate a type 2 restaurant, “Pret a Manger.” For Introduction (P2)Ordinance 77-O-11: Proposed Amendment to the Existing Approved Planned Development at 1100 Clark Street/1719 Ridge Avenue Staff and the Site Plan & Appearance Review Committee recommend approval of the proposed amendment, Ordinance 77-O-11, to the existing approved planned development for 1100 Clark Street/1900 Ridge. Focus Development has proposed constructing a 174 unit rental development on the vacant lot that is part of the approved planned development commonly known as the Sienna Development. Introduction and Action is requested for September 12, 2011 City Council meeting. For Introduction and Action HUMAN SERVICES COMMITTEE (H1)Approval of August 2011 Township of Evanston 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 August 2011 in the amount of $106,485.15. For Action (H2)Approval of Contract with Miriam Pollack & Associates for Interim Library Director Services / Donna Dziedzic It is recommended that the City Council authorize the City Manager to execute an agreement with Miriam Pollack & Associates for Interim Library Director Services with Donna Dziedzic for the period of September 6, 2011 through February 29, 2012 for an amount not to exceed $67,500 for the initial term of contract. The contract would allow for a three month extension of services. This contract will be funded by existing budgeted salary and benefits for Library Director. For Action (H3)Ordinance 52-O-11, Amending Certain Provisions of Title 9, Chapter 4 of the Evanston City Code, “Dogs, Cats, Animals and Fowl” Page 63 of 563 September 12, 2011 9 The Human Services Committee recommends adoption of Ordinance 52-O-11, as submitted by Alderman Burrus and amended by the Committee. Ordinance 52-O-11 amends the regulations within the City Code for dangerous dogs as provided in Section 9-4-17. For Introduction APPOINTMENTS (APP1)For Appointment to: Library Board Michael M. Tannen Mayor’s Youth Task Force Sharon Weeks (APP2)For Reappointment to: Ladd Arboretum Committee James LaRochelle Alderman Rainey motioned for approval of the Consent Agenda with a second. The Roll Call was performed with a 9-0 result for approval and the Consent Agenda was approved. Items for discussion: (A3.6) Approval of Contract Award for Economic Development Consulting Services to Kane McKenna and Associates, Inc. (RFP 12-39) Staff and the Economic Development Committee recommends City Council authorize the City Manager to execute a contract in response to RFP 12-39 for consulting services pertaining to economic development activities to Kane McKenna and Associates, Inc. with Special Consultant: Michio Murakishi (150 North Wacker Drive, Chicago, IL) for an amount not to exceed $80,000. Funding will be provided by the Economic Development Fund-Other Consulting Services - Account 5300.62185. For Action Alderman Holmes motioned for approval and seconded by Alderman Rainey. A Roll Call was taken with the results of 9-0 and the motion was approved. (A4) Accept and Place on File the FY2010-11 Audited Annual Financial Report Staff recommends that the City Council accept and place on file the City of Evanston FY2010-11 Audited Annual Financial Report. The full report is available at: http://www.cityofevanston.org/transparency/budget-financial-reports/. For Action Alderman Holmes stated this item was discussed in committee and had been decided to keep in committee. (P2)Ordinance 77-O-11: Proposed Amendment to the Existing Approved Planned Development at 1100 Clark Street/1719 Ridge Avenue Staff and the Site Plan & Appearance Review Committee recommend approval of the proposed amendment, Ordinance 77-O-11, to the existing approved planned development for 1100 Clark Street/1900 Ridge. Focus Development has proposed Page 64 of 563 September 12, 2011 10 constructing a 175 unit rental development on the vacant lot that is part of the approved planned development commonly known as the Sienna Development. Introduction and Action is requested for September 12, 2011 City Council meeting. For Introduction and Action Alderman Wilson motioned for suspension of the rules with a second by Alderman Holmes. Roll Call vote was 9-0 and the rules were suspended. Alderman Wilson then motioned for approval and Alderman Wynne. Roll Call vote was 9-0 the motion passed. (P3)Application for a Special Use for a Bed and Breakfast at 300 Church Street in the R1 Single-Family Zoning District The Zoning Board of Appeals recommends to the City Council to deny the application for a special use permit to operate a Bed and Breakfast at 300 Church Street. The Site Plan and Appearance Review Committee and Staff declined to make a positive recommendation due to practical concerns about parking. A draft ordinance will be provided at a future meeting if the Planning and Development Committee and City Council disagree with the ZBA’s recommendation to deny. For Action Alderman Wilson stated in committee there was a 3-2 vote to not accept ZBA’s Recommendation. Alderman Rainey motioned to approve the special use and to refer back to Committee. Attorney Farrar stated Council had to approve or reject the recommendation first. Alderman Wilson motioned to reject the ZBA’s recommendation and Alderman Rainey seconded it. Attorney Farrar stated there will be in P&D to consider the Ordinance. Roll Call was taken with a 7-2 vote for rejection so the ZBA’s recommendation was rejected (Aldermen Wynne and Fiske voted nay). Alderman Wilson then motioned to refer back to Planning & Development Committee for further consideration of the proposed Ordinance and seconded by Alderman Holmes. Alderman Rainey asked for the Planning and Zoning Department City Manager stated staff would come back with an appropriate ordinance with direction from Council. Alderman Fiske wanted to suggest some recommendation. Alderman Wilson withdrew his original motion and restated as: He motioned to refer back to the Planning & Development Committee to create an Ordinance approving the special use with conditions that are consistent with the staff recommendations and it was seconded by Alderman Wynne. Roll Call resulted with a 7-2 vote (Aldermen Fiske and Wynne voted nay), and the motion passed. (P4)Ordinance 67-O-11 Amending Various Portions of the Zoning Ordinance Relating to the Creation of “Domestic Animal Daycare Center” and “Kennel” Uses Plan Commission and staff recommend approval of the proposed Ordinance 67-O-11 to establish “Domestic Animal Daycare Center” and “Kennel” uses within the City and as allowable special uses in the following zoning districts: Business-B1, B2, B3, and B1a; Commercial-C1, C1a, and C2; Mixed Use-MXE and MUE; and Industrial- I1, I2, and I3. At present, the only zoning code definition dealing with the care of animals is Animal Hospitals. The Animal Hospital definition does not fit proposals where the primary purpose is the daily sheltering of animals. Page 65 of 563 September 12, 2011 11 For Action Alderman Wilson motioned for approval with a second by Alderman Grover. Alderman Fiske stated some of the business districts do not have access to mailing and should make sure the facility owners are responsible. Alderman Wynne stated she wanted to remove C1a from the Ordinance. Roll Call was taken with a 9-0 vote and the motion passed to remove C1a. Concern for proper space for each dog and the grandfather clause. Roll Call vote netted 9-0 for approval with the deletion of C1a and the motion passed. (H4) Ordinance 52-O-11, Amending Certain Provisions of Title 9, Chapter 4 of the Evanston City Code, “Dogs, Cats, Animals and Fowl” The Human Services Committee recommends adoption of Ordinance 52-O-11, as submitted by Alderman Burrus and amended by the Committee. Ordinance 52-O-11 amends the regulations within the City Code for dangerous dogs as provided in Section 9-4-17. This ordinance was approved at the August 1, 2011 Human Services Committee. For Introduction Alderman Fiske motioned for adoption and Alderman Tendam seconded the motion. Alderman Fiske wanted to suggest to amendments 1) proper appeal process, 2) and section 9-4-17B. Alderman Grover wanted to make sure the owner of a dangerous dog would be penalized. Alderman Rainey stated after much discussion that this item was for introduction and discussion. Alderman Fiske declined her original motion and then motioned to have the Ordinance introduced and it was seconded. A voice vote was taken that was unanimous for introduction. (O1) Approval of Amendments to Ward Manufacturing Company Agreement Staff and the Economic Development Committee support a recommendation to City Council to authorize the City Manager to amend the agreement for financial assistance between the City of Evanston and Ward Manufacturing Company (“Ward”). The amendment will revise the conditions for payment of assistance based on the construction phasing adopted by Ward. The funding source for this project was identified previously as the Southwest Tax Increment Financing (TIF) District (Account: 5540.62665). For Action Alderman Burrus motioned for approval with a second from Alderman Holmes. Alderman Rainey stated they had agreed to allocate $700,000.00 and she suggested the whole amount be given at this time through her amendment and she received a second for her motion. City Manager stated because there was a change in the original proposal it was divided into two portions and the second half would be provided at the completion of the project. A Roll Call was taken after explanations were offered to the satisfaction of the Council members, and the vote was 9-0 to award the total amount of $700,000.00 and the motion passed. Call of the Wards Ward 7, Alderman Grover thanked the Fire Chief Klaiber for the excellent 911 event on Page 66 of 563 September 12, 2011 12 yesterday as well as other personnel in Fire and Police Department. Ward 8 Alderman Rainey stated she echoes everything Alderman Grover said, and she also announced a meeting of the yellow line at the St. Francis Hospital on Thursday at 7 o’clock. She urged all to mark their calendars for the “Bike the Ridge” 9-1 pm October 2, 2011. Ward 9 Alderman Burrus announced on Saturday, October 1, 2011 at St. Nick’s social hall a night out for Ridgeville, and she stated that Ridgeville is in 5 wards (2,3,4,8,9). Ward 1 Alderman Fiske thanked the City Manager and staff for a great job at her ward meeting last Wednesday. She also made a reference to Human Relations Committee to make amendments to the animal Ordinance. She stated she has found a way of saving the elms and oaks on the Kendall project. The developer stated he will relocate the trees Ward 2 Alderman Braithwaithe stated the trees could be relocated and transplanted in Grandmother’s Park. He as well thanked the organizers for the 911 and peaceable cities walk and talk events. He will be holding a ward meeting on Thursday, September 15th from 7-9 pm, where he will be taking a close look at the budget in two parts. Ward 3 Alderman Wynne made a reference to Plan Commission to examine the City’s definitions of Bed & Breakfast to tighten up our Ordinance and make it comply with what we believed to states and ownership requirements. Ward 4 Alderman Wilson had no report. Ward 5 Alderman Holmes announced the regular 5th ward meeting with an update on the West Evanston plan from Mr. Steve Griffin, an also on Saturday, September 17th at the West End Market there will be live entertainment from noon until 3 pm. She expressed her joy of the walk & talk on Sunday. She also thanked the staff at the Burger King for securing her wallet that she left behind while on their premises. Ward 6 Alderman Tendam stated there will be a meeting of the 6th ward next Tuesday 7 0’clock at Three Crown’s Senior Campus, and the topic will be concerning the pocket of outages in the area. Alderman Grover motioned to adjourn and Alderman Rainey seconded the motion. A Roll Call vote resulted in a 9-0 in favor to adjourn. The Open Session ended at 11:35 pm. Submitted by, Rodney Greene, City Clerk Page 67 of 563 CITY COUNCIL MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER 2100 RIDGE AVENUE, EVANSTON 60201 COUNCIL CHAMBERS Monday, September 19, 2011 7:00 p.m. Roll Call: Alderman Rainey Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Alderman Grover Alderman Wynne Alderman Wilson Absent: Alderman Burrus Presiding: Mayor Elizabeth Tisdahl The Mayor opened the Regular meeting of the City Council at 7:11 pm, after the Roll Call was completed. Mayor Public Announcements Mayor Tisdahl read a proclamation honoring the Piven Theatre’s 40th Anniversary Workshop and proclaimed September 19th as their day. She presented the proclamation to Ms. Evelyn Farabaugh one of the Board of Directors for the Piven Theatre. The Mayor also commented on the excellent assistance from the Northwestern students who came out in the rain on Saturday and worked in various areas around the City. City Manager Presentations and Announcements Shanee Watson, Volunteer Coordinator came forward to speak on the volunteer program. She stated there were 170 freshman students from Northwestern University who helped in composting, power washed neighbors homes, picked up litter, and many other tasks. She thanked them for all of their help as well as some of the City staff. Mr. Fleckman, co-chair Citizen’s Greener Evanston came forward to present their kickoff project “10,000 Neighbors Campaign”. This is a project that will be reaching out to10,000 neighbors in becoming a more sustainable community, and asking them to list items they are willing to share or lend to others to accomplish tasks around their homes, office or neighborhood. These items will be for example: power drills, lawn mowers, ladders, etc.. It will get people involved and a chance to get to know each other better. He announced that tonight was the kickoff date for the project. Catherine Hurley, Sustainability Coordinator stated the Car Free Day is scheduled for September 22, 2011. On Thursday the 22nd people are asked to not drive their cars, instead walk, roller-blade, or bike to wherever they need to go. There will be a pit stop at Page 68 of 563 September 19, 2011 2 909 Davis from 6 am until 2 pm for all who do not drive, and there will be refreshments, giveaways and bike tips. Green Living Festival – September 24, 2011 from 9 am to 3 pm at the Evanston Ecology Center, was announced by City Manager Bobkiewicz. National Public Lands Day – September 24, 2011 was announced by Ms. Shanee Watson and she stated the event will last only two hours starting at 9 am. The volunteers will be picking up trash and debris from the parks and recreation areas Citizen Comment Junad Rizki, 2284 Sheridan Road spoke of his concerns of the budget and mentioned The Yard waste stickers that proved to be a mistake, and asked that the City Manager Explain the total budget picture and not the operating budget. He then invited the City Manager to come to his home on the 24th and pull weeds with him at his home, and they could also talk about City budget. Mike Vasilko, 2728 Reese Ave. stated there was not enough information in the SP1 item concerning goal setting. The following persons spoke on item SP3 Elizabeth Mertic, 708 Dodge Ave. stated she is a gardener and has been for 8 years at James Park and shares the space with other neighbors. She is against the salt dome being place next to the garden. Gregg Clarke, 1720 Cleveland St. stated he is the father of two children who participate in sports and other activities. He stated he is in favor of having an indoor sports center. He stated he has a petition with over 1250 online signatures that urges the Council to approve the SP3 proposal. Ryan Garton, 914 Asbury is the regional commissioner of ASYO Soccer in Evanston. They have two sessions, spring and fall. He urged the Council to make big plans not small ones for the children who need the support of the Council. Randall Mayne, 321 Lake St. stated his previous positions and that he is in favor of the proposal for a sport center. Bill Blanchard, 2677 Prarie Ave. stated he and the board strongly urge the Council to approve the proposal for the sports center. Marjorie Fujara, 343 Dewey Ave. stated she signed the petition to convert the recycling facility into a sports center for children. She stated she is a Pediatrician at Stroger Hospital. She also announced that the City of Evanston ranks 24 out of 50 in adult obesity, and ranks 4th in childhood obesity. This trend can be altered by offering a safe place for them to play and teaching them to choose good eating habits. She strongly urges the Council to support item SP3. Lois Headman, 1100 Dobson stated she was in support with the conversion into a sports center. She stated the best value for the property in question would be to transform it into a sports center that will be more beneficial to all concerned. Speaking on Kendall project Padma Rao, 2246 Sherman Ave. stated in the last call of the wards, Alderman Fiske said she had meetings with the contractor and this was just another closed door meeting excluding the public. She asked if there was a study on how to save all the trees and if not why not. She stated the Council continues to disenfranchise the taxpayers by Page 69 of 563 September 19, 2011 3 excluding the public in these matters of concern, and that it should stop. BK Rao, 2246 Sherman Ave. stated her statements were approved by her Lawyer. She stated at the last meeting she heard from an Alderman that some of the trees would be saved. She then asked if the Alderman was really trying to save the trees or was it to try and save themselves from the mess they created. She said the Kendall project is a mystery and bad news a nightmare, and it benefits no one in the neighborhood. Recess: Alderman Wilson motioned to recess to go into a Special meeting of the Township to discuss the Township and its Budget which was seconded by Alderman Rainey. A voice vote was taken and it was unanimous. Meeting closed at 7:59 pm. SPECIAL TOWNSHIP MEETING (T1)Township of Evanston Organization Structure and Financial Issues Options Staff recommends Board of Trustees receive report on Township organizational structure and financial issues and provide direction to staff. Suspension of Rules is requested for Introduction and Action on Ordinance 2T-O-11, Proposed Budget and Appropriation Ordinance for Town Purposes for Second Half of Fiscal Year 2011/12 Ending March 31, 2012. For Introduction and Action The Township Clerk Rodney Greene called the Special Township Meeting to order at 8:00 pm. The advertisement for the meeting was read which included the reason for said meeting. The Clerk then asked for nominations from the floor for a Moderator for the meeting. Trustee Rainey nominated Trustee Tisdahl with a second from Trustee Holmes. Clerk Greene asked if there were any other nominations and a nomination for Clerk Greene came from the floor. Clerk Greene turned down the nomination stating he could not perform the duties of Clerk and Moderator at the same time. A voice vote was taken on the nomination of Trustee Tisdahl as Moderator which resulted in a unanimous yes. Trustee Tisdahl was sworn in as the Moderator and she continued with the agenda at hand. She asked for the approval of the minutes from the April 12, 2011 meeting, there was a motion and a second. Alderman Grover requested that the reports from both the Township Supervisor and the Assessor be attached to the minutes, because they were not in the packet. A voice vote was taken and the minutes were passed unanimously. Moderator Tisdahl asked for a motion to approve Ordinance 2T-O-11 and the budget. It was moved by Trustee Tendam and seconded by Trustee Holmes. Trustee Grover recommended to the Trustees to pursue the $87,000.00 cost savings that Ms. Earl had suggested in her report concerning the Township. Moderator Tisdahl stated the amount was the maximum amount Ms. Earl suggested and that it is unwise to make it mandatory that they achieve the maximum possible. Alderman Grover wanted the Township Officials to come and point out which of the cost effectiveness issues are realistic to the last six months of this budget year. Township Supervisor Pat Vance stated the Township budget started April 1. The cost allocations that Ms. Earl listed were based on a budget that began April 1 stated are in the April 1, and some of those costs have already been incurred. Ms. Vance also stated she could probably cut out the storage costs, but the accounting fees would have to Page 70 of 563 September 19, 2011 4 occur after April when the contract expires. Alderman Fiske stated it is a better idea to incorporate these cost savings in next year’s budget, and will have further discussion on October 3rd in the Human Services Committee. Ms. Vance stated the Township does not have a deficit or any unfunded pension obligations. Alderman Wilson stated we are all looking at cost savings and not to have duplicating costs. Alderman Rainey believes that the lease was entered into illegally, and the value of that lease is $144,000.00 and she believes the City can get an adjustment in the lease in a way of terminating. A vote was taken to approve the original statement of accepting the motion as it stands. There was a 6-2 vote to approve and the budget passed. (Trustee Rainey and Grover voted nay). A vote was then taken to suspend the rules and it failed due to lack of a unanimous yes. The item is only introduced. There will be a Special Township Meeting on the 26th of September as a result of a motion and second from the Trustees and their unanimous voice vote. Alderman Rainey noted the memorandum from the Legal Department was an excellent document that enlightened the Board more than they ever have been in the past concerning Township government. City Manager stated from the last Township meeting the Trustees asked the staff to look at the following issues: 1) Budgets and he mentioned the document from Mrs. Earl in the packet, 2) Corporation Counsel to prepare a document on organizational structure issues, and Mr. Farrar is here to answer any questions, and finally 3) a request from the Human Services Committee to have all leases of the Township Offices. The City Manager then stated he and the staff want to move cautiously forward with the directions that the Board and Council give them in making changes in the Township’s structure. Concerns from the Trustees: • The cost of the referendum • To get an assessment of who would object to this idea of eliminating the Township • The mechanisms for governmental consolidation • The General Assistance Program and how it is administrated • How a referendum works • Do we need to seek advisory for a binding referendum in Evanston • Have a smaller group to discuss the findings from staff • Why haven’t previous Councils pursued the elimination of the Township • Have Commissioner Suffredin to expand on Legislative actions in Springfield for creating alternative government • Make sure the Township Officials are at the table during these discussions • Have all the resources and options been exhausted including getting a bill passed in Springfield City Manager then stated it is up to the Board and Council to make the decision on what they want to do in the way of alternative solutions and directions. • To move the Township Offices to the Civic Center to cut down on cost • Deadlines for the referendum to be placed on the ballot Mr. Farrar, Corporate Counselor stated a referendum could be advisory and binding referendum which can be done through the governing body or through the voter led petition. March 20, 2012 is the next Illinois election and the referendum deadlines are January 3, 2012 for a resolution from this board for submission to the State Board of Elections to be placed on the ballot. December 19, 2012 for voter generated petitions submission. Page 71 of 563 September 19, 2011 5 A motion was made to adjourn the Township meeting and to reconvene on September 26, 2011. A Roll call was taken which resulted in a 7-0 affirmation. Trustee Wilson moved to have a five minute recess before reconvening as the City Council. The Aldermen reconvened as City Council for Special Orders of Business at 8:41 pm. The Mayor decided to move the SP2 presentation up the agenda to allow the children who were still there to leave for home earlier. SPECIAL ORDERS OF BUSINESS (SP1)2012 Goal Setting Session Staff recommends City Council consider changes, additions or deletions to the list of City Council goals. For Action City Manger had the 13 goals of the Council presented on the screen for discussion and preceded to move through each goal. These goals are: 1. Affordable Housing 2. Budget Planning 3. Capital Improvement Program Planning Street and Alley Infrastructure 4. Climate Action Plan 5. Economic Development Water Sales Issues and Neighborhood Revitalization 6. Efficiency and Effectiveness of Services Transparency of City Operations 7. Federal/State/Regional Government Affairs Agenda 8. Lakefront Development 9. Northwestern University 10. Police and Fire Pension Funding Issues 11. Robert Crown Center Improvements 12. Safety Issues Crime Prevention 13. Youth Engagement Concerns from the Aldermen: • Crime prevention in the neighborhoods as a subsection City Manager suggested to the Council to agree to remove the following from the list: • Budget Planning, • Fed./State/Regional Governmental Affairs • Lakefront Development Add the following six to the List: • Citizen engagement • Community Partner Collaboration • Development Services and Design Reviews (Question- is this part of Administrative goals or Economic Development) Answer: I think it is both, as stated by Mr. Bobkiewicz. • Innovations • Job Training and Employment Page 72 of 563 September 19, 2011 6 • Visual and Performing Arts Alderman Wilson motioned to remove the three items suggested by City Manager and then add to the list: • Innovations • Development Services and Design Reviews • Visual and Performing Arts It was seconded and a voice vote was taken with the result of a unanimous response to approve, so the goals were amended and approved. Concerns from the Aldermen: • Have the goals placed in a prioritized order and not alphabetically • Do a ranking system for the approved goals • Place Youth higher on the list • The Challenge of prioritizing • The Funds are not there for everything (SP2) Health Department Update Staff recommends that City Council members review the Health Department update, including: Northwestern University donation; “Let’s Move” video; and status of Federally Qualified Health Center. For Presentation She called upon Ms. Thomas, Director of Health to deliver her presentation. Ms. Thomas acknowledged the residents who had to leave. She also invited the Mayor and City Manager to come forward to receive a donation from Northwestern Feinberg Scholl of Medicine presented by Dr. Virginia Bishop. Dr. Bishop praised the Evanston Health Department as she presented a check to the City. Ms. Thomas gave an update of the grant application submitted to HERSHA from the City of Evanston as well as an update on the food safety initiative. She then introduced Mr. Jonathan Webb, Community Health Division Manager who presented the video “Let’s Move”. He stated it is a national movement initiated by first Lady Obama as a means to addressing childhood obesity in the United States. He asked those who participated in the Let’s Move Video” to stand and be recognized and after the video he recognized the other entities who were involved in is production. (SP3) West Oakton Committee Report Staff recommends that City Council members review the West Oakton Committee Report. In addition the City Manager has written a memo regarding this subject. For Action Mr. Steve Griffin, Director of Community & Economic Development presented the findings of the Committee, as he also named those who were on the committee. He presented three options the committee arrived to and they were as follows: The Committee’s research and development of three potential redevelopment concepts for the site include: Option A: Indoor Sports Facility Concept The first concept is to convert the former Recycling Center into an indoor sports facility to be operated and managed by a not-for-profit entity AYSO and EBSA. Option B: Commercial Retail Concept Page 73 of 563 September 19, 2011 7 This concept includes the relocation of the Evanston Animal Shelter, demolition all existing structures on the site and the development of two, 6,000 square foot retail pad sites. Option C: Satellite Municipal Services Center Concept The utilization of the former Recycling Center as a combined salt dome and storage facility was contemplated as a way to meet the needs of the City’s salt storage. (SP4)Frank Govern Memorial Golf Course Staff recommends that the City Council receive this update on the status of the operation of the Frank Govern Memorial Golf Course. For Discussion City Manager Bobkiewicz reiterated the three points on contention which were: • Staff would evaluate the terms and conditions of the existing sublease between the City and Association to determine if conditions exist for termination of the sublease and report back to the City Council on September 1, 2011. If conditions do exist for termination, staff recommends that termination occur on December 31, 2011. • City Council would hold in abeyance past due water service charges and withhold future charges through December 31, 2011. Staff believes this is appropriate because the cost of the City to assume control and maintain the subleased property exceeds the value of the water consumed by the golf course. • The City Manager and the Director of Parks, Recreation, and Community Services would investigate costs associated with maintaining the golf course property as open space/park land. He asked the Council to accept this report and he will come back at the meeting in December with an update. (SP5)311 Center 2nd Quarter Report Presentation Staff recommends that City Council review the 2nd Quarter 311 Report. For Discussion City Manager suggested this item be deferred to the next meeting on October 10th. A motion was made and seconded and a voice vote was unanimously received and the motion passed. (SP6)License Plate Recognition Proposal Presentation Staff recommends City Council review the License Plate Recognition proposal. For Discussion City Manager suggested this item be deferred to the next meeting on October 10th. A motion was made and seconded and a voice vote was unanimously received and the motion passed. A motion for adjournment was made and seconded. A Roll Call was taken which resulted in a 8-0 approval for adjournment. The meeting was closed at 10:30 pm. Submitted by, Hon. Rodney Greene, City Clerk Page 74 of 563 Page 1 of 3 Rev. 9/22/2011 5:01:36 PM ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, September 26, 2011 5:45 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers AGENDA I. DECLARATION OF A QUORUM: ALDERMAN HOLMES, CHAIR II. APPROVAL OF MINUTES OF REGULAR MEETING of September 12, 2011 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 09/11/11 $2,595,718.06 (A2) City of Evanston Bills FY2011 through 09/27/11 $4,125,553.02 (A3) Approval of Sole Source Purchase of Davit Arm Street Light Replacement Fixtures from American Induction Technologies Staff recommends that the City Council authorize the City Manager to execute a sole source contract with American Induction Technologies (AITI) (1620 S. Sunkist St. Anaheim, CA) in the the amount of $128,000 to purchase 200 replacement street light fixtures for the following areas: West Evanston TIF District; Church Street from McDaniel Avenue to Darrow Avenue; and Chicago Avenue from Howard Street to Sheridan Road. Funding will be provided by the Capital Improvement Fund (CIP) “Streetlight Upgrade Program – Luminaire Replacement” (415868) in the amount of $80,640, by the Economic Development Fund (5300.65522) in the amount of $10,240, and by the West Evanston TIF Fund (5870.62605) in the amount of $37,120. For Action (A4) Approval of Change Order #1 to the 2011 50/50 Sidewalk & Curb Replacement Program (Bid 12-25) Staff recommends that the City Council authorize the City Manager to approve Change Order #1 to the 2011 50/50 Sidewalk & Curb Replacement Contract (Bid 12-25) to the lowest responsive and responsible bidder, Schroeder & Schroeder Inc. (7307 Central Park Avenue, Skokie, IL) in the amount of $32,750. The change order will allow an additional forty two home owners to participate in this year’s Program. Funding will be from the Special Assessment Fund with a total budget of $200,000 (6365.65515) and the Resident’s Share. For Action Page 75 of 563 Page 2 of 3 Rev. 9/22/2011 5:01:36 PM (A5) Accept and Place on File the FY2010-11 Audited Annual Financial Report Staff recommends that the City Council accept and place on file the City of Evanston FY2010-11 Audited Annual Financial Report. The full report is available at: http://www.cityofevanston.org/transparency/budget-financial-reports/. This item was held in Committee on September 12, 2011. For Action (A6.1) Resolution 55-R-11 to Accept Grant Awards for the Maximum Award Amount of $42,528.50 from Age Options in Order to Award a Contract to Help Fund a Senior Meal Congregate Program at the Levy Senior Center and Fleetwood-Jourdain Community Center Staff recommends City Council approval of Resolution 55-R-11 authorizing the City Manager to sign notification of grant awards to fund and operate a congregate senior meal program at the Levy Senior Center and Fleetwood- Jourdain Community Center. See agenda item A6.2 below. For Action (A6.2) Approval of Contract Award to Catholic Charities Lunch-n-More for Senior Meal Food Programs Staff recommends City Council approval of the contract between the City of Evanston and Catholic Charities Lunch-n-More to provide a senior meal congregate program at the Levy Senior Center and Fleetwood-Jourdain Community Center for a period of October 1, 2011 through September 30, 2012 in the not-to-exceed amount of $4.15 per lunch meal. The program will be reimbursed through a grant from Age Options, with estimated City funding of $13,000. See agenda item A6.1 above. For Action (A7) Approval of Rotary International “Race to the Finish” Special Event Staff recommends approval of the request from Rotary International to hold the ”Race to the Finish” on November 6, 2011 from 6 a.m. to 1 p.m. at the lakefront. This request was submitted in August and not on the calendar of special events approved in March 2011. It is a policy of the City to limit the number of special events at the lakefront to 12 events. The Special Events Committee has reviewed this request and is submitting it for consideration understanding that it will exceed the limit for the number of special events held at the lakefront by one. For Action (A8) THIS ITEM HAS BEEN WITHDRAWN FROM THE AGENDA Page 76 of 563 Page 3 of 3 Rev. 9/22/2011 5:01:36 PM (A9) Resolution 56-R-11, Authorizing a Construction Funding Agreement with IDOT for the Chicago Avenue Streetscape Project (South Boulevard to Main Street) Staff recommends approval of the proposed Resolution 56-R-11 authorizing the City Manager to sign the construction funding agreement with the Illinois Department of Transportation (IDOT) for the Chicago Avenue Streetscape Project (South Boulevard to Main Street). Funding will be provided by a Federal Illinois Transportation Enhancement Program (ITEP) Grant in the amount of $800,460, and CIP funding of $201,141 from the Chicago Avenue Streetscape account (415895). For Action (A10) THIS ITEM HAS BEEN WITHDRAWN FROM THE AGENDA (A11) Resolution 53-R-11, Authorizing the City Manager to Execute License Agreement for the Installation of Solar Canopies and Electric Vehicle Charging Stations Staff recommends City Council approve Resolution 53-R-11 authorizing the City Manager to execute a license agreement for the installation of solar canopies and electric vehicle charging stations at two City parking lots. For Action IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Page 77 of 563 Final Page 1 of 9 Administration and Public Works MEETING MINUTES Administration & Public Works Monday, September 12, 2011 5:45 P. M. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers Members Present: Ald. Braithwaite, Ald. Burrus, Ald. Grover, Ald. Holmes, Ald. Rainey Members Absent: Staff Present: Wally Bobkiewicz, Godwin Chen, Don Cornelius, Paul D’Agostino, Rajeev Dahal, Hitesh Desai, Grant Farrar, Doug Gaynor, Stephen Griffin, Curtis Hanawalt, Jewell Jackson, Lonnie Jeschke, Chief Klaiber, , Marty Lyons, Joe McRae, Sat Nagar, Nancy Radzevich, Suzette Robinson, Paul Schneider, Dave Stoneback, Evonda Thomas, Paul Zalmezak Others Present: Steve Bartlebaugh – Executive Director - ECTV John Rossi – Baker Tilly Auditors Residents – Scott Baker, Cheryl Muno, Eric Thompson, James A. Zimmer Presiding Member: Delores Holmes I. DECLARATION OF QUORUM With a quorum present, Chairman Holmes called the meeting to order at 5:50 P. M. II. APPROVAL OF MINUTES OF REGULAR MEETING of August 8, 2011 It was moved by Ald. Burrus and seconded by Ald. Braithwaite that the minutes of the August 8, 2011 meeting be approved. A voice vote was taken and the minutes were approved. III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 08/14/11 $2,745,227.46 City of Evanston Payroll through 08/28/11 $2,590,693.33 It was moved by Ald. Burrus and seconded by Ald. Grover that the payrolls of 08/14/11 and 08/28/11 be approved. A voice vote was taken and they were approved 5 – 0. (A2) City of Evanston Bills FY2011 through 09/13/11 $4,575,116.80 Credit Card Activity for Period Ending July 31, 2011 $ 101,491.79 Page 78 of 563 Final Page 2 of 9 Administration and Public Works It was moved by Ald. Grover and seconded by Ald. Braithwaite that the bills list of 09/13/11 and the credit card activity through 07/31/11 be approved. A voice vote was taken and they were approved 5 – 0. (A3.1) Approval of Contract Award to DEM Services, Inc. for the Evanston Water Utility Asbestos Abatement Phase 2 (Bid 12-55) Staff recommends that City Council authorize the City Manager to execute a contract for Asbestos Abatement Phase 2 at the Water Utility (Bid 12-55) with DEM Services, Inc. (1765 Cortland Court, Suite A, Addison, IL) in the amount of $27,530.20. Funding for this work will be from the Water Fund, Account 733095.65515. This Capital Improvement account has a budget of $50,000 specifically allocated for the engineering and abatement associated with this project. It was moved by Ald. Burrus and seconded by Ald. Grover that A3.1 be approved. A voice vote was taken and it was approved 5 – 0. (A3.2) Approval of Contract Award to Mechanical Concepts of Illinois, Inc. for Service Center Air Unit Project (Bid 12-12) Staff recommends that the City Council authorize the City Manager to execute a contract for the Service Center Fleet Services Make Up Air Unit Replacement Project (Bid 12-12) to Mechanical Concepts of Illinois, Inc. (333 S. O’Hare Drive, Romeoville, IL) in the total amount of $102,350. Funding will be provided by FY 2011 Capital Improvement Plan Account #416427 in the amount of $85,000 and from General Fund Account 2610.62446 in the amount of $17,350. It was moved by Ald. Burrus and seconded by Ald. Braithwaite that A3.2 be approved. A voice vote was taken and it was approved 5 – 0. (A3.3) Approval of Contract Award to Office Concepts for a Three Year Office Furniture Supplier Contract (RFP 12-31) Staff recommends that the City Council authorize the City Manager to execute an office furniture supplier contract with Office Concepts (965 W. Chicago Avenue, Chicago, IL) in response to RFP 12-31. The contract will be valid for three years beginning January 1, 2012. Funding will be provided by individual departments as budgeted annually for furniture replacements. It was moved by Ald. Grover and seconded by Ald. Burrus that A3.3 be approved. A voice vote was taken and it was approved 5 – 0. (A3.4) Approval of Contract Award to Utility Dynamics Corporation for SNAP Lighting Project (Bid 12-53) Staff recommends that the City Council authorize the City Manager to execute a contract in response to Bid 12-53 to award the Darrow Avenue (Simpson Street to North Dead End) Safer Neighborhood Area Project (SNAP) Lighting Contract to the lowest responsive and responsible bidder, Utility Dynamics Corporation (23 Commerce Dr., Oswego, IL) in the amount of $52,839.75. Funding for this work will be from Community Development Page 79 of 563 Final Page 3 of 9 Administration and Public Works Block Grant Fund (CDBG) (5170.62780) in the amount $50,807 and Traffic Operations Fund (2640.65515) in the amount of $2,032.75. Ald. Rainey asked if the amount afforded by Community Development Block Grant from last year is in this year’s total. Suzette Robinson (Director Public Works) replied that the sum is a combination of last year and this year. Paul Schneider (City Engineer) stated that the work was approved for 40K last year. A rollover of 10K from the previous year was added. Two thousand was found elsewhere. Ald. Rainey thought the money was not SNAP and P. Schneider replied that yes, the 10K was SNAP money. It was moved by Ald. Grover and seconded by Ald. Braithwaite that A3.4 be approved. A voice vote was taken and it was approved 5 – 0. (A3.5) Approval of Contract Award to D’Land Construction for 2011 Block Curb, Sidewalk & ADA Curb Ramp (Bid 12-54) Staff recommends that the City Council authorize the City Manager to execute a contract in response to Bid 12-54 to award the 2011 Block Curb, Sidewalk & ADA Curb Ramp Program to the lowest responsive and responsible bidder, D’Land Construction (600 S. County Line Road, Bensenville, IL) in the amount of $361,976.40. Funding for this work will be from CDBG Fund (5170.62780 & 5170.63030) in the amount of $220,000 and Special Assessment Reserve Fund (6365.65515) in the amount of $141,976.40. It was moved by Ald. Grover and seconded by Ald. Burrus that A3.5 be approved. A voice vote was taken and it was approved 5 – 0. (A3.6) Approval of Contract Award for Economic Development Consulting Services to Kane McKenna and Associates, Inc. (RFP 12-39) Staff and the Economic Development Committee recommends City Council authorize the City Manager to execute a contract in response to RFP 12-39 for consulting services pertaining to economic development activities to Kane McKenna and Associates, Inc. with Special Consultant: Michio Murakishi (150 North Wacker Drive, Chicago, IL) for an amount not to exceed $80,000. Funding will be provided by the Economic Development Fund-Other Consulting Services - Account 5300.62185. Ald. Burrus opened the discussion saying that she would like to hear from the Economic Development team. Do we not have the expertise to do this task in house she asked. It is a lot of money and I know it is important for the long-term strategy. Nancy Radzevich (Economic Development Division Manager) said a significant amount of time and hours are required to decide if a TIF district is appropriate and should be created. Because of the Evanston Plaza being sold and the Chicago/Main area going out for bid, we need these consultants to judge how far the City can go or even should go to be involved. We need to design tools to go forward. Ald. Rainey said that every time she talks to TIF consultants there is always some new fact to be considered. They are worth their money. I am confident about this she concluded. It was moved by Ald. Rainey and seconded by Ald. Grover that A3.6 be approved. A voice vote was taken and it was approved 5 – 0. Page 80 of 563 Final Page 4 of 9 Administration and Public Works (A4) Accept and Place on File the FY2010-11 Audited Annual Financial Report Staff recommends that the City Council accept and place on file the City of Evanston FY2010-11 Audited Annual Financial Report. The full report is available at: http://www.cityofevanston.org/transparency/budget-financial- reports/. Ald. Rainey asked if the Auditor was present and would talk to the committee. She finds this report disturbing. Some things she said continue to be in the audits. Marty Lyons (Assistant City Manager/Interim Administrative Services Director) introduced John Rossi of Baker Tilly Auditors. Ald. Rainey said she was interested in the management letter and especially in the recommendations regarding the Collectors Office. J. Rossi noted that there were two material weaknesses. One is the approval of journal entries; one person can approve and can enter the information as well. It is not a perfect control system. It is considered a possible risk. The second weakness is the restatement of financial statements. He noted that previous auditors did not know about this. Ald. Rainey asked how did that affect what is seen on the bottom line of previous year’s budgets. J. Rossi mentioned that there where some early retirements taken but not listed. They became a liability when the city applied for a bond. M. Lyons stated that when the ERI was done, it was recorded to IMRF and the City paid it each year. It was not recorded as a debt, it was included in the City’s IMRF rate. Ald. Burrus said that she was still concerned with what was done. It seems that we are not showing all our debt. Would it have changed our credit rating. Where did the call to do this come from. M. Lyons replied that GASB is the source relied upon to guide the City. In another year, all outstanding debt will be in our funding books. It was disclosed with Moody’s and Fitch. It could be seen. Ald. Burrus thought this was not as straight forward as it could have been. Ald. Rainey said that she always tells the public to read the financial pages. She asked if the “other funds” are related to this. She asked about the comments concerning the Collector’s Office. M. Lyons said that this will be revisited if the answers are not satisfactory. He suggested that this item can be held and they will return with the auditors who did this part of the audit. Wally Bobkiewicz stated that it was just a final question of cash handling in the Collector’s Office. If we can answer your questions, we can send this item on to Council. The firm is represented tonight. Ald. Burrus asked if there is a time element to this item and M. Lyons said there is not. Chairman Holmes agreed to hold this item in committee. It will be back on the agenda at the first opportunity. (A5) Resolution 50-R-11, Authorizing the Lease of Space within the City’s Service Center to Evanston Community Media Center Staff recommends that City Council approve Resolution 50-R-11 authorizing the City Manager to lease space within the City’s Service Center to Evanston Community Media Center (ECMC) from October 1, 2011 to September 30, 2014. Due to budget constraints, (including reductions in the allocation received from the City) ECMC has been looking for a more affordable location to house its PEG channel operations. Ald. Rainey stated that as she read through the document, she saw that the current lease is for approximately ninety-four thousand dollars a year and expires in 2012. She asked if there is an escape clause in the contract. Joe McRae Page 81 of 563 Final Page 5 of 9 Administration and Public Works (Interim Assistant City Manager) responded that the Law Department is reviewing the papers. Steve Bartlebaugh (Executive Director ECTV) stated that there was an out clause that had to be met at a specific time and that that time was missed. The current company they lease from is aware of tonight’s meeting. Ald. Rainey asked if there is a buy out clause. S. Bartlebaugh replied not in the lease but he felt it would be worked out. Ald. Rainey noted that the City lease said September 15. S. Bartlebaugh said that they hope to be out by November and only have to pay an extra month rent. Ald. Rainey wondered that they did not want to negotiate a release before they moved. Did your property owner say he would let you out of your lease if you signed elsewhere. S. Bartlebaugh replied, not specifically. Ald. Grover asked if this move would put a closure to ECMC being financially dependent. S. Bartlebaugh said it would. Ald. Rainey asked if ECMC would do advertising. S. Bartlebaugh said they have been looking into it as a not for profit organization. Ald. Burrus thanked him and ECMC for their work with the City and S. Bartlebaugh thanked the City for their help. It was moved by Ald. Burrus and seconded by Ald. Grover that A5 be approved. A voice vote was taken and it was approved 5 – 0. (A6) Resolution 52-R-11, Appointing a Director and Alternate Director to the Solid Waste Agency of Northern Cook County Board of Directors Staff recommends City Council consideration of Resolution 52-R-11, which appoints Mayor Tisdahl to serve as Director of the Solid Waste Agency of Northern Cook County, with City Manager Bobkiewicz as Alternate Director, with terms to expire April 30, 2013, or until a successor is appointed. It was moved by Ald. Rainey and seconded by Ald. Braithwaite that A6 be approved. A voice vote was taken and it was approved 5 – 0. (A7) Ordinance 69-O-11, Authorizing the Sale of Surplus Fleet Vehicles Owned by the City of Evanston through Obenauf Auction Service Municipal Equipment Auction Staff recommends that the City Council authorize the City Manager to publicly offer for sale through public auction various vehicles and equipment owned by the city based on Ordinance 69-O-11. The vehicles and equipment are presently out of service or will be in the next few weeks and were assigned to various divisions/departments within the City of Evanston. It was moved by Ald. Burrus and seconded by Ald. Braithwaite that A7 be approved. A voice vote was taken and it was approved 5 – 0. (A8) Ordinance 65-O-11, Amending Subsection 3-5-6-(O) of the City Code to Increase the Number of Class O liquor licenses from 2 to 3 to Permit Issuance to ALDI, Inc., 2211 Oakton Street Local Liquor Commissioner recommends City Council adoption of Ordinance 65-O-11. ALDI, Inc. has paid the annual Class O liquor license application fee and provided proof of Surety Bond and Liquor Liability Insurance. At the July 13 Liquor Control Review Board meeting, the Commissioner and the Board Members voiced concern over applicant’s plan for placement of the beer and wine for sale. Section 2 of Ordinance 65- Page 82 of 563 Final Page 6 of 9 Administration and Public Works O-11 conditions ALDI’s license on compliance with recommendations from Evanston Police Chief Eddington regarding placement. Ald. Rainey said that she had asked Chief Eddington about shoplifting at ALDI’s. She said that she would like to know more on this subject. She noted that there is a skeletal staff there most times. W. Bobkiewicz said that the Chief could not attend but Corporation Counsel Grant Farrar should be able to address the question. Grant Farrar responded that at the latest Liquor Commission Board meeting this item was discussed. At the Mayor’s request, this item is under review as pertains to future petitions. Ald. Rainey said her concern is not the selling of liquor but the safeguard polices from the various stores around town. Ald. Holmes felt they could get information. Ald. Braithwaite questioned where the liquor would be placed in the store. G. Farrar referred to a memo from Chief Eddington that said it would be placed up front by the cashiers where access is limited. Ald. Holmes asked that the Chief provide an update. It was moved by Ald. Grover and seconded by Ald. Burrus that A8 be approved. A voice vote was taken and it was approved 5 – 0. (A9) Ordinance 72-O-11 Amending Subsection 3-5-6-(D) of the City Code to Decrease the Number of Class D Liquor Licenses from 24 to 23 Due to a Change in License Class for Peter Mills Productions, Inc., d/b/a “Chef’s Station,” 915 Davis Street The Local Liquor Commissioner recommends adoption of Ordinance 72-O- 11, which decreases the Number of Class D Liquor Licenses due to a change in license class for Chef’s Station. It was moved by Ald. Grover and seconded by Ald. Burrus that A9 be approved. A voice vote was taken and it was approved 5 – 0. (A10) Ordinance 73-O-11Amending Subsection 3-5-6-(C) of the City Code to Increase the Number of Class C Liquor Licenses from 25 to 26 Due to a Change in License Class for Peter Mills Productions, Inc., d/b/a “Chef’s Station,” 915 Davis Street. The Local Liquor Commissioner recommends adoption of Ordinance 73-O- 11. On August 11, 2011, the Liquor Control Review Board met and voted to recommend an increase in the number of Class C liquor licenses due to a change in license class for Chef’s Station. It was moved by Ald. Burrus and seconded by Ald. Braithwaite that A10 be approved. A voice vote was taken and it was approved 5 – 0. (A11) Ordinance 74-O-11Amending Subsection 3-5-6-(K) of the City Code to Increase the Number of Class K Liquor Licenses from 1 to 2 to Permit Issuance to Sodexo America, LLC, 1501 Central Street Local Liquor Commissioner recommends City Council adoption of Ordinance 74-O-11, which Increases the Number of Class K Liquor Licenses to permit issuance to Sodexo America. Sodexo has paid the annual Class K liquor license application fee and provided proof of Surety Bond and Liquor Liability Insurance. Page 83 of 563 Final Page 7 of 9 Administration and Public Works It was moved by Ald. Rainey and seconded by Ald. Burrus that A11 be approved. A voice vote was taken and it was approved 5 – 0. (A12) Ordinance 76-O-11, Amending Section 10-11-16 of the City Code to Update Designated Truck Routes Staff recommends the consideration of proposed ordinance 76-O-11 by which the City Council would amend Section 10-11-16 to update the designated truck routes within the City. Funding for any necessary sign updates would be provided through the General Fund budget, 2670.65115, traffic control supplies. Chairman Holmes offered those residents who had signed in to speak. * Eric Thompson – 1805 Oakton Street. I am a new resident of six months. I support both A12 and A13 on tonight’s agenda. Obviously living on Oakton, I have been awakened many times. Our 1946 home was built as a bomb shelter and yet it shakes as trucks pass by. I am here to support A12 and A13. * Cheryl Muno – 1729 Oakton Street. In 1999 there were few trucks on Oakton, now after 2006, there are many. Tractor trailers have doubled and then tripled. Cracks are appearing in my home. Three windows developed hairline cracks. I am not alone, my neighbors have the same problems. All of this occurs on a street designated as a non-truck street. We call the police and we call 311. I support your designating truck routes and for more Police enforcement. * Scott Baker – 436 Oakton Street. My question is more about enforcement. There is an elementary school on Oakton and it is marked for speed limits, etc. What will these new tools change? * James Zimmer – 1101 Oakton Street. My house rattles. A section of Oakton needs to be repaired. The patches are not holding from east of Dodge towards Chute. In addition, I own a tow truck of 15 to 16 thousand pounds. Will I be ticketed when I go home? School buses are as heavy as are the Groot trucks. How do they get in to the area? Ald. Burrus assured him that the new ordinance defines what local traffic means. S. Robinson said local traffic means you can travel up to one-half mile without receiving a ticket. Ald Holmes told Mr. Zimmer that if he had further questions, he should feel free to call Ald. Burrus. It was moved by Ald. Burrus and seconded by Ald. Braithwaite that A12 be approved. A voice vote was taken and it was approved 5 – 0. (A13) Ordinance 37-O-11, Amending the City Code to Establish a City Wide 8,000 Pound Weight Limit on City Streets Staff recommends the consideration of Ordinance 37-O-11 by which the City Council would amend Section 10-1-3, 10-1-9-2, and delete 10-11-13, Schedule XIII to establish a City-wide eight thousand (8,000) pound weight limit on City streets unless otherwise designated. The City-wide 8,000 pound limit will not apply to streets under the jurisdiction of the Illinois Department of Transportation (IDOT), City designated truck routes or prohibited truck routes. Ald. Rainey said that there are probably more exceptions than restrictions in this ordinance like the man who owns a tow truck. All emergency vehicles are exceptions as are buses and garbage trucks. I went on line she continued to see vehicle weight standards and they are based on 6000 and 8500 pounds. None were based on 8000 pounds. What are we restricting she asked. Oakton had an Page 84 of 563 Final Page 8 of 9 Administration and Public Works enormous construction project this year. They were an exception. She stated that almost all trucks can go one-half mile to a truck route and get along with this ordinance. Ald. Burrus said that once a truck passes east on Oakton at Dodge, they would be going more that one-half mile to the next truck route. Also of note, the 8000 pound limit was changed by the State to 8400 pounds. Ald. Rainey said the drivers when stopped by a policeman should show them the map. S. Robinson noted that with regards to the map, the Police are familiar with the map and the ordinance. There will be a re-training of truckers to get them the new map and to show them which routes to use. Oakton Street will not be a pass through. Ald. Holmes felt that once a resident calls the police, by the time the Police arrive, the truck is long gone. S. Robinson replied that the Police will do random stops in the no-go areas. A MPH speed sign has been purchased to alert drivers to their speed and hopefully will act as a reminder the next time they come down the street. This sign is portable and will be moved to numerous spots. Ald. Holmes suggested that more are needed on Church Street. When the Police leave she said, the offenders return. The 20 mile speed limit is not upheld by drivers on Church Street near Dodge Avenue. Resident Scott Baker asked if this piece of equipment can film a license plate. S. Robinson said that it is a passive machine but it will weigh the truck and the speed it is going. This recorded information will supply stats for a specific time period to help in addressing the problem. Ald. Rainey asked if the number of trucks on Oakton have ever been counted. S. Robinson said that a study was done. Rajeev Dahal (Senior Traffic Engineer) said trucks were counted for three days between 7:30 am and 6 pm. East bound on Oakton they counted 99 trucks and 88 on Custer. West bound on Oakton the number was 30 and 18 on Custer for a total of 235 trucks. 38 were landscape trucks with trailers, 34 were waste pick-up trucks, 44 were from the City, 32 were tow trucks and construstion trucks equaled 35. In addition there were 59 tractor trailers and 162 single unit box trucks. Ald. Rainey asked if they noted which trucks were exempt as put forward in this ordinance and R. Dahal said they did. As shown above, the COE trucks, construction trucks and waste pick-up trucks were identified as those that would be an exception. It was moved by Ald. Burrus and seconded by Ald. Grover that A13 be approved. A voice vote was taken and it was approved 5 – 0. (A14) Ordinance 50-O-11, Provisionally Adopting, Enacting and Re-enacting Titles 3 and 7 of the Evanston City Code Staff submits for review and consideration adoption of Ordinance 50-O-11 provisionally amending the following Titles to the Evanston City Code: Title 3, Business Regulations; and Title 7, Public Ways. Please note: Due to length, proposed Ordinance 50-O-11 with blackline revisions to Titles 3 and 7 are included on the City Council Agenda & Minutes Webpage with the Council agenda packet as a separate document. It was moved by Ald. Grover and seconded by Ald. Burrus that A14 be approved. A voice vote was taken and it was approved 5 – 0. Page 85 of 563 Final Page 9 of 9 Administration and Public Works IV. ITEMS FOR DISCUSSION (APW1) Comcast Cable Franchise Negotiation Update J. McRae noted that there have been two preliminary meetings with Comcast and he wanted to update the committee. The goal is to get another franchise in place. The current agreement expires in November 2011. Ald. Rainey felt that this is an item of great concern to the community. I am surprised she said that no one from the City has been allowed to participate. W. Bobkiewicz said the hard reality is the State and Federal government has taken away all issues the citizens would be concerned about. We hope to accomplish a couple of things. The franchise fee Evanston collects is the Federal maximum allowable. The Peg fees Evanston collects are the highest in the area. The question is what else the City can leverage for the citizens. We are looking at high-speed internet access provided by Comcast. Normally they would not discuss this item but they are with us at this time. Ald. Rainey asked that at least something would be put on our web site to explain why citizens are not on the committee. W. Bobkiewicz replied that it can be done. V. COMMUNICATIONS VI. ADJOURNMENT Ald. Burrus motioned and Ald. Braithwaite seconded to adjourn. A voice vote was taken and the motion was approved at 7:15 p.m., September 12, 2011. Respectfully Submitted, Phillip Baugher Administrative Assistant, Administrative Services Page 86 of 563 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Marty Lyons, Assistant City Manager Richard Perry, Accounts Payable Coordinator Subject: City of Evanston Payroll and Bills Date: September 22, 2011 Recommended Action: Staff recommends approval of the city of Evanston Payroll and Bills List. Summary: Payroll – Aug. 29, 2011 through Sept. 11, 2011 $2,595,718.06 (Amount includes employer portion of IMRF, FICA, and Medicare) Bills List – September 27, 2011 $4,125,553.02 General Fund Amount – Bills list $514,591.65 General Fund Amount – Supplemental list $ 10,605.05 General Fund Total: $525,196.70 Attachments: Bills List For City Council meeting of September 26, 2011 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum Page 87 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING 00100 GENERAL ACCOUNT 100 GENERAL FUND ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 100.41420 IL HOMICIDE INVESTIGATORS ASSO REGIST. FEE HOMICIDE INVEST.350.00 100.41060 NATIONAL AWARD SERVICES INC PLASTIC PLATE 20.00 100.41060 NATIONAL AWARD SERVICES INC PLASTIC PLATE 20.00 100.13040 MSF GRAPHICS, INC.DELIVERY 15.00 100.13040 MSF GRAPHICS, INC.9 X 12 BROWN KRAFT ENVELOPE 392.40 100.13040 MSF GRAPHICS, INC.7 1/2 X 10 1/2 BROWN KRAFT 504.00 100.22777 ILLINOIS DEPT OF REVENUE SALES TAX AUG. 2011 334.00 1,635.40 1300 CITY COUNCIL 1300.62285 AARYNN/ALLYSSA TRUCKING COURIER SERVICE COUNCIL MAIL 104.98 1300.62285 AARYNN/ALLYSSA TRUCKING COUNCIL MEMBER COURIER MAIL 46.66 1300.62285 AARYNN/ALLYSSA TRUCKING CITY COUNCIL MAIL DELIVERY 93.31 1300.62285 AARYNN/ALLYSSA TRUCKING CITY COUNCIL MAIL DELIVERY 134.14 379.09 1400 CITY CLERK 1400.62360 MUNICIPAL CLERKS OF ILLINOIS MEMBERSHIP APPLICATION FEE 105.00 105.00 1505 CITY MANAGER 1505.64540 AT & T MOBILITY WIRELESS SERVICE 119.62 1505.65095 MUMM PRINT SHOP BUSINESS CARDS CMO 38.00 1505.62295 MORRISON ASSOC LTD ANNUAL PROF. DEVELMNT MEETINGS 600.00 757.62 1510 PUBLIC INFORMATION 1510.62205 EVANSTON ROUND TABLE LLC 1/16 PAGE AD 311 VOLUNTEERING 86.00 1510.62205 EVANSTON ROUND TABLE LLC 1/16 PAGE AD 311 VOLUNTEERING 86.00 1510.62665 EVANSTON COMMUNITY MEDIA CENTE VIDEO PLANNING/ZONING MEETINGS 1,000.00 1510.62210 SIR SPEEDY PRINTING PAINT EVANSTON POSTER 65.50 1510.62205 EVANSTON ROUND TABLE LLC 1/16 PAGE AD 311 VOLUNTEERING 86.00 1510.62205 EVANSTON ROUND TABLE LLC 1/16 PAGE AD 311 VOLUNTEERING 86.00 1510.62210 QUARTET COPIES SEPT. 11TH PROGRAM 149.00 1510.62205 EVANSTON ROUND TABLE LLC 1/16 PAGE AD 311 VOLUNTEERING 86.00 1510.62205 QUARTET COPIES BIKE THE RIDGE FLYER/POSTER 352.50 1510.62665 EVANSTON COMMUNITY MEDIA CENTE TV COVERAGE HUMAN SERV. COM.400.00 1510.62210 SIR SPEEDY PRINTING PAINT EVANSTON PURPLE 65.50 2,462.50 1525 MISC. BUSINESS OPERATIONS 1525.62280 FEDERAL EXPRESS CORP.SHIPPING 59.05 59.05 1535 SUSTAINABILTY GRANT 1535.65125 EVANSTON IMPRINTABLES,INC.COE CLOTHING/EMPLOYEES 361.99 361.99 1705 LEGAL ADMINISTRATION 1705.62345 FEDERAL EXPRESS CORP.SHIPPING 59.81 1705.65010 THOMSON WEST INFORMATION CHARGES 706.74 Page 88 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 1705.65095 OFFICE DEPOT OFFICE SUPPLIES 39.49 1705.65010 THOMSON WEST LIBRARY ADDITIONS 1,240.00 1705.52570 ROMANOWSKI, JANUSZ COMPLIANCE TICKET REFUND 35.00 1705.62130 PROPERTY INSIGHT SPECIAL SEARCH SERVICE 370.00 2,451.04 1905 ADM.SERVICES- GENERAL SUPPORT 1905.65095 OFFICE DEPOT OFFICE SUPPLIES - 2011 18.30 1905.62295 NORTHERN ILLINOIS UNIVERSITY *ICMA CONFERENCE DINNER-3 135.00 153.30 1910 FINANCE DIVISION - REVENUE 1910.65095 OFFICE DEPOT BLANKET PO FOR REVEUE OFFICE 23.67 1910.64541 AZAVAR TECHNOLOGIES AUDIT OF COMED 986.34 1910.65095 OFFICE DEPOT BLANKET PO FOR REVEUE OFFICE 15.76 1910.62431 GARDA CL GREAT LAKES, INC.PICK UP SERVICE-SEPTEMBER 2,100.49 3,126.26 1920 FINANCE DIVISION - ACCOUNTING 1920.62185 TEPFER CONSULTING GROUP LTD *ACTUARIAL VALUATION 2011-12 POLICE 2,500.00 1920.62185 TEPFER CONSULTING GROUP LTD *ACTUARIAL VALUATION 2011-12 FIRE 2,500.00 5,000.00 1925 FINANCE DIVISION - PURCHASING 1925.62275 FEDERAL EXPRESS CORP.SHIPPING 15.87 15.87 1929 HUMAN RESOURCE DIVISION 1929.65095 OFFICE DEPOT OFFICE SUPPLY 2011 BLANKET 82.06 1929.65095 OFFICE DEPOT OFFICE SUPPLY 2011 BLANKET 70.49 1929.62160 LASER ASSOC., STEPHEN A.TESTING 5,525.00 1929.62270 HEALTH ENDEAVORS, S.C.PRE EMPLOYMENT TESTING 2,190.00 1929.62160 LASER ASSOC., STEPHEN A.TESTING 4,575.00 1929.62274 TRANS UNION CORP RECRUITMENT 518.04 1929.65095 OFFICE DEPOT OFFICE SUPPLY 2011 BLANKET 47.36 1929.65095 OFFICE DEPOT OFFICE SUPPLY 2011 BLANKET 8.54 1929.65095 OFFICE DEPOT OFFICE SUPPLY 2011 BLANKET 38.67 1929.65125 PRINTABLE PROMOTIONS FOLDERS 38.12 1929.65095 MUMM PRINT SHOP BUSINESS CARDS HUMAN RESOURCES 19.00 1929.62160 CLS BACKGROUND INVESTIGATIONS BACKGROUND INVESTIGATIONS 5,349.80 18,462.08 1932 INFORMATION TECHNOLOGY DIVI. 1932.62340 EMPHASYS FIRE/POLICE INVESTMNT SOFTWARE 8,328.32 1932.64505 CALL ONE COMMUNICTION CHARGES 7,718.86 1932.64540 VERIZON WIRELESS (25505)WIRELESS SERVICE 1,324.70 1932.64505 AT & T COMMUNICATION CHARGES 24.74 1932.62340 ORACLE AMERICA, INC.JDEVELOPER PROG TOOL 396.61 1932.62175 US Bank COPIER LEASE AGREEMENT 1,641.52 1932.65605 SOUND INC.MAINT. CONTRACT NEC 2400 824.16 1932.62175 IRON MOUNTAIN OSDP SERVICE AGREEMENT 400.55 1932.65615 COMCAST CABLE COMMUNICATION CHARGES 99.30 20,758.76 Page 89 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 1941 PARKING ENFORCEMENT & TICKETS 1941.64005 COMED ELECTRICITY 56.61 1941.62451 BALAKRISHNAN, KARTHIK TOW REFUND 45.00 1941.64540 NEXTEL WIRELESS SERVICE 698.96 1941.62451 VITIJAY, RASIM TOW REFUND 185.00 985.57 2101 COMMUNITY DEVELOPMENT ADMIN 2101.64540 NEXTEL WIRELESS SERVICE 50.72 50.72 2105 PLANNING & ZONING 2105.65095 OFFICE DEPOT BLANKET PO FOR FY 2011 176.45 2105.62285 AARYNN/ALLYSSA TRUCKING CDBG PACKETS COURIER SERV.73.40 2105.65095 OFFICE DEPOT BLANKET PO FOR FY 2011 19.47 269.32 2115 HOUSING CODE COMPLIANCE 2115.64540 NEXTEL WIRELESS SERVICE 346.46 2115.62190 GARRISON, LARRY DEBRIS REMOVALS 760.00 1,106.46 2120 HOUSING REHABILITATION 2120.64540 NEXTEL WIRELESS SERVICE 106.10 106.10 2121 EECBGRANT-RESI.WEATHER.PROGRAM 2121.55253 MIDWEST ENERGY AUDITS, INC.CASE SF1 014-11 330 ASBURY 400.00 2121.55253 MIDWEST ENERGY AUDITS, INC.WEATHER 011-11 131 CALLAN 400.00 800.00 2126 BUILDING INSPECTION SERVICES 2126.64540 NEXTEL WIRELESS SERVICE 109.05 2126.65095 OFFICE DEPOT BLANKET PO FY 2011 BLDG 47.79 2126.65095 OFFICE DEPOT BLANKET PO FY 2011 BLDG 29.00 2126.62464 T.P.I.BUILDING INSPECTION 858.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTIONS 75.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTIONS 80.00 2126.52085 RAPISAROSA, JOHN REFUND PERMIT #11 196.00 2126.62464 B & F TECHNICAL CODE SERVICES, INSPECTIONS-PRJ #3110032 1,721.25 2126.52095 RAPISAROSA, JOHN REFUND PERMIT #11 45.00 3,161.09 2127 COMMUNITY INTERVENTION SERVICE 2127.62605 INTERFAITH HOUSING CENTER OF N INTERFAITH LANDLORD TENANT 5,000.00 5,000.00 2205 POLICE ADMINISTRATION 2205.65040 LAPORT INC JANITORIAL SUPPLIES 595.29 2205.65125 EVANSTON FUNERAL & CREMATION REMOVALS AUG. 2011 275.00 2205.65040 LAPORT INC JANITORIAL SUPPLIES 79.08 2205.62210 FEDEX KINKO'S - CAS HUMAN SERV. PACKETS 82.99 2205.62275 EDDINGTON, RICHARD EXPENSES REIMB.6.65 2205.68205 EDDINGTON, RICHARD EXPENSES REIMB.20.00 2205.65040 LEMOI HARDWARE BRUSH SCRUB 3.17 Page 90 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2205.62490 SCHIENBEIN, TED REIMB. MEDICAL CARE K-9 "JACK"290.35 2205.62375 NORTHERN ILLINOIS POLICE ALARM LANGUAGE LINE 12.50 2205.62375 AMERICAN MESSAGING PAGERS-9/11 19.99 2205.64005 COMED MONTHLY CHARGES 116.03 2205.64005 COMED MONTHLY CHARGES 116.18 2205.62360 PUBLIC ENGINES, INC. DBA CRIME TIP SOFT ONLINE 2,187.00 2205.68205 NATIONAL AWARD SERVICES INC PLATE 20.00 3,824.23 2210 PATROL OPERATIONS 2210.65010 CHICAGO BADGE & INSIGNIA BADGE-DEPUTY CHIEF 96.72 2210.65020 O'HERRON CO., INC., RAY DINNER DANCE 241.06 2210.65020 VCG UNIFORM LEVEL II VEST 750.00 2210.65020 NORTHERN ILLINOIS POLICE ALARM NIPAS UNIFORM 953.75 2210.65020 VCG UNIFORM UNIFORM 207.23 2,248.76 2215 CRIMINAL INVESTIGATION 2215.65095 OFFICE DEPOT FY 2011 OFFICE SUPPLIES 105.51 2215.65095 OFFICE DEPOT FY 2011 OFFICE SUPPLIES 159.47 2215.65095 OFFICE DEPOT FY 2011 OFFICE SUPPLIES 215.98 2215.65095 OFFICE DEPOT FY 2011 OFFICE SUPPLIES 6.44 2215.65095 OFFICE DEPOT FY 2011 OFFICE SUPPLIES 16.72 2215.65095 OFFICE DEPOT FY 2011 OFFICE SUPPLIES 8.95 2215.65095 OFFICE DEPOT FY 2011 OFFICE SUPPLIES 9.95 523.02 2225 SOCIAL SERVICES BUREAU 2225.62370 ANDERSON, JONAH YOUTH OUTREACH 8/22-9/2/11 1,104.00 1,104.00 2240 POLICE RECORDS 2240.65095 OFFICE DEPOT FY 2011 OFFICE SUPPLIES 46.16 2240.65095 OFFICE DEPOT FY 2011 OFFICE SUPPLIES 179.31 2240.65095 LEMOI HARDWARE TAPE DISPENSER 5.45 2240.65095 OFFICE DEPOT FY 2011 OFFICE SUPPLIES 87.40 2240.65095 OFFICE DEPOT FY 2011 OFFICE SUPPLIES 5.79 2240.65095 LEMOI HARDWARE DOOR STOP TIP 2.35 326.46 2245 COMMUNICATIONS 2245.64540 AT & T MOBILITY P.S.T. WIRELESS 55.80 2245.64540 NEXTEL WIRELESS SERVICE 1,736.34 1,792.14 2250 SERVICE DESK 2250.62425 COLLEY ELEVATOR CO.SMOKE DETECTOR TESTING 175.00 2250.62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTION SERV.168.00 2250.65020 VCG UNIFORM INITIAL UNIFORM PURCHASE 500.00 2250.65020 VCG UNIFORM INITIAL UNIFORM PURCHASE 266.15- 576.85 2251 311 CENTER 2251.64505 CYMBAL COMMUNICATIONS WIRELESS HEADSET SYSTEM 1,977.95 Page 91 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2251.64505 NATIONAL AWARD SERVICES INC MAGNET CUSTOM 677.55 2251.64505 WEBQA, INC.TRAINING STAFF VIA ONLINE 250.00 2251.64505 AT & T 8100 *311 OPERATIONS 398.47 3,303.97 2260 OFFICE OF ADMINISTRATION 2260.62295 ENDRE, MICHAEL REIMB. MEALS BASIC INVEST.60.00 2260.65015 EDDINGTON, RICHARD EXPENSES REIMB.189.60 2260.62295 EVANSTON ATHLETIC CLUB FITNESS 414.00 2260.62295 COLLEGE OF DUPAGE TRAINING 2,117.00 2260.62295 HINDES, KEVIN MEALS- LEAD HOMICIDE INVEST.60.00 2260.62295 EVANSTON ATHLETIC CLUB FITNESS 499.50 3,340.10 2265 NEIGHBORHOOD ENFORCEMENT TEAM 2265.65020 J. G. UNIFORMS, INC BODY ARMOR 857.50 857.50 2270 TRAFFIC BUREAU 2270.65125 EDDINGTON, RICHARD EXPENSES REIMB.215.00 2270.65125 NORTH SHORE TOWING MISC. TOWS 2,085.00 2270.65020 J. G. UNIFORMS, INC BODY ARMOR 730.00 2270.65125 MAIVALD, JAMES TOW REFUND 185.00 3,215.00 2280 ANIMAL CONTROL 2280.62225 ANDERSON PEST CONTROL PEST CONTROL ANIMAL SHLT. 9-11 50.25 2280.65025 HILLS PET NUTRITION ANIMAL SHELTER FOOD 326.22 2280.65025 PETSMART KITTY LITTER 17.97 2280.65025 PETSMART KITTY LITTER 53.91 448.35 2305 FIRE MGT & SUPPORT 2305.65020 UNIFORMITY, INC.UNIFORM ISSUE 14.95 2305.65020 UNIFORMITY, INC.UNIFORM ISSUE 30.90 2305.65020 UNIFORMITY, INC.UNIFORM ISSUE 63.70 2305.65020 UNIFORMITY, INC.UNIFORM ISSUE 151.75 2305.65020 UNIFORMITY, INC.UNIFORM ISSUE 35.90 2305.65020 UNIFORMITY, INC.UNIFORM ISSUE 61.95 2305.65020 UNIFORMITY, INC.UNIFORM ISSUE 65.90 2305.65020 UNIFORMITY, INC.UNIFORM ISSUE 87.90 2305.65020 UNIFORMITY, INC.UNIFORM ISSUE 52.00 2305.65020 UNIFORMITY, INC.UNIFORM ISSUE 280.00 2305.65095 OFFICE DEPOT OPEN PO FOR OFFICE SUPPLIES 53.32 2305.62315 FEDERAL EXPRESS CORP.SHIPPING 29.10 2305.62235 HENRICHSEN FIRE & SAFETY EXTINGUISHER RECHARGE 204.90 2305.65095 OFFICE DEPOT OPEN PO FOR OFFICE SUPPLIES 6.15 2305.65095 OFFICE DEPOT OPEN PO FOR OFFICE SUPPLIES 56.74 2305.64540 NEXTEL WIRELESS SERVICE 467.84 2305.65020 UNIFORMITY, INC.UNIFORM ISSUE 70.95 1,733.95 2310 FIRE PREVENTION Page 92 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2310.62250 ZOLL DATA SYSTEMS COMPUTER SUPPORT 550.00 2310.65095 ILLINOIS PAPER COMPANY OPEN P. O. FOR COPY PAPER 416.20 966.20 2315 FIRE SUPPRESSION 2315.65075 PHYSIO-CONTROL, INC.MEDICAL SUPPLIES 566.10 2315.65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 279.36 2315.65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 431.76 2315.62295 RESURRECTION HEALTH CARE PARAMEDIC TRAINING 75.00 2315.65625 RESURRECTION HEALTH CARE CPR SUPPLIES 139.50 2315.65625 RESURRECTION HEALTH CARE CITIZEN CPR SUPPLIES 93.00 2315.62295 ENH HIGHLAND PARK HOSPITAL EMT CLASS 725.00 2315.65085 LEMOI HARDWARE CREDIT-FILTER 7.26- 2315.65085 LEMOI HARDWARE REPAIR PARTS 11.25 2315.65040 LAPORT INC JANITORIAL SUPPLIES 515.43 2315.65040 LAPORT INC JANITORIAL SUPPLIES 722.79 2315.65040 LAPORT INC JANITORIAL SUPPLIES 226.65 2315.65625 CDS OFFICE TECHNOLOGIES DC POWER ADAPTER 240.00 2315.65625 CDS OFFICE TECHNOLOGIES BUNGI TETHER FOR STYLUS 32.90 2315.65625 CDS OFFICE TECHNOLOGIES STYLUS FOR DIGITIZER 10 PACK 288.00 2315.65625 CDS OFFICE TECHNOLOGIES 2 GB DDR MEMORY 232.00 2315.65625 CDS OFFICE TECHNOLOGIES PANASONIC TOUGHBOOK 6,900.00 2315.65085 FROGGMAN INDUSTRIES DBA FROGGM DIVE EQUIPMENT 173.00 2315.62295 FROGGMAN INDUSTRIES DBA FROGGM FIREFIGHTER TRAINING 600.00 2315.62521 EMSAR CHICAGO/MILWAUKEE STRETCHER MAINTENANCE 853.87 2315.65075 EMERGENCY MEDICAL PRODUCT MEDICAL SUPPLIES 1,046.24 2315.65625 ARMSTRONG MEDICAL CITIZEN CPR EQUIPMENT 110.00 2315.53675 ANDRES MEDICAL BILLING AMBULANCE CHARGES AUG 2011 6,377.17 2315.62522 AIR ONE EQUIPMENT AIR QUALITY TEST 145.00 2315.62522 AIR ONE EQUIPMENT COMPRESSOR SERVICE 436.40 2315.62522 AIR ONE EQUIPMENT GAS METER REPAIR 228.33 21,441.49 2407 HEALTH SERVICES ADMIN 2407.62210 MUMM PRINT SHOP BUSINESS CARDS HEALTH 19.00 19.00 2425 DENTAL SERVICES 2425.65095 FEDERAL EXPRESS CORP.SHIPPING 24.58 2425.62521 PATTERSON DENTAL SUPPLY, INC. DENTAL SUPPLIES 281.00 2425.62210 MUMM PRINT SHOP BUSINESS CARDS HEALTH 19.00 2425.65075 DENTAL CITY DENTAL SUPPLIES 58.17 382.75 2435 FOOD AND ENVIRONMENTAL HEALTH 2435.65075 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 54.00 2435.62477 NEXTEL WIRELESS SERVICE 120.42 2435.64540 NEXTEL WIRELESS SERVICE 139.13 2435.65095 OFFICE DEPOT OFFICE SUPPLIES 68.30 2435.65095 OFFICE DEPOT OFFICE SUPPLIES 55.66 437.51 2440 VITAL RECORDS Page 93 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2440.53220 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES 926.00 2440.62210 MUMM PRINT SHOP BUSINESS CARDS HEALTH 38.00 2440.65095 MSF GRAPHICS, INC.DEATH CERT. W/ FEATURES 1,325.00 2,289.00 2455 COMM.HEALTH PROG.ADMINSTRATION 2455.62210 MUMM PRINT SHOP BUSINESS CARDS HEALTH 95.00 2455.64540 NEXTEL WIRELESS SERVICE 51.71 146.71 2605 DIRECTOR OF PUBLIC WORKS 2605.64540 NEXTEL WIRELESS SERVICE 49.71 49.71 2610 MUNICIPAL SERVICE CENTER 2610.65085 LEMOI HARDWARE SPRAY PAINT 7.65 2610.62225 SMITHEREEN PEST MANAGEMENT SER RODENT CONTROL 90.00 2610.64015 NICOR 0632 MONTHLY CHARGES 206.72 2610.65050 SCHNEIDER ELECTRIC BUILDINGS A MATERIALS MUNICIPAL BUILDING 1,325.00 2610.65050 SCHNEIDER ELECTRIC BUILDINGS A MATERIALS MUNICIPAL BUILDING 1,370.00 2610.64015 NICOR 0632 MONTHLY CHARGES 135.57 2610.65040 LAPORT INC JANITORIAL SUPPLIES 49.50 3,184.44 2625 ENGINEERING 2625.65105 PITMAN COMPANY DEVELOPER 304.36 2625.65105 PITMAN COMPANY TONER 301.95 2625.65105 PITMAN COMPANY TONER 211.82 2625.65105 PITMAN COMPANY INKJET VELLUM/PIXMA 127.82 2625.65105 PITMAN COMPANY BOND UNTAPED 549.43 1,495.38 2640 TRAF. SIG. & ST. LIGHT. MAINT 2640.65070 TRAFFIC TECHNICAL SUPPORT CONTROLLER REPAIR 436.00 2640.65070 BROWN TRAFFIC PRODUCTS 1 TRAFFIC SIGANAL CONTROLLER 7,440.00 7,876.00 2665 STREETS AND SANITATION ADMINIS 2665.64540 NEXTEL WIRELESS SERVICE 2,772.40 2,772.40 2670 STREET AND ALLEY MAINTENANCE 2670.65055 ARROW ROAD CONSTRUCTION MODIFIED HOT MIX ASPHALT 2011 608.53 2670.65055 ARROW ROAD CONSTRUCTION MODIFIED HOT MIX ASPHALT 2011 523.29 2670.65055 ARROW ROAD CONSTRUCTION MODIFIED HOT MIX ASPHALT 2011 254.52 2670.62415 KLF TRUCKING 2011 DEBRIS HAULING & DISPOSAL 2,530.00 2670.65055 OZINGA CHICAGO RMC, INC.CONCRETE/FLOWABLE FILL 2011 936.00 2670.65055 OZINGA CHICAGO RMC, INC.CONCRETE/FLOWABLE FILL 2011 2,358.00 2670.65115 ARTS & LETTERS LTD.HONORARY STREET NAME SIGNS 782.00 2670.65055 ARROW ROAD CONSTRUCTION MODIFIED HOT MIX ASPHALT 2011 1,455.42 2670.65055 ARROW ROAD CONSTRUCTION MODIFIED HOT MIX ASPHALT 2011 307.55 2670.65055 ARROW ROAD CONSTRUCTION MODIFIED HOT MIX ASPHALT 2011 246.95 2670.65055 ARROW ROAD CONSTRUCTION MODIFIED HOT MIX ASPHALT 2011 259.57 2670.65055 ARROW ROAD CONSTRUCTION MODIFIED HOT MIX ASPHALT 2011 260.58 Page 94 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2670.65055 ARROW ROAD CONSTRUCTION MODIFIED HOT MIX ASPHALT 2011 337.85 2670.65055 ARROW ROAD CONSTRUCTION MODIFIED HOT MIX ASPHALT 2011 255.53 2670.65055 ARROW ROAD CONSTRUCTION MODIFIED HOT MIX ASPHALT 2011 401.48 11,517.27 2805 YOUTH SERVICES 2805.65630 BOOK WHOLESALERS INC.JUV PRINT 675.19 2805.65630 BAKER & TAYLOR JUV PRINT 1,747.20 2805.65630 BOOK WHOLESALERS INC.JUV PRINT 20.38 2805.65630 BAKER & TAYLOR JUV PRINT 48.14 2805.65630 BAKER & TAYLOR JUV PRINT 18.95 2805.65641 RANDOM HOUSE INC JUV A/V 118.40 2805.65641 MIDWEST TAPE JUV AV 132.68 2805.65630 BAKER & TAYLOR JUV PRINT 1,287.08 2805.65641 BAKER & TAYLOR JUV, ADULT AV 288.54 2805.65641 MIDWEST TAPE JUV AV 338.18 2805.65641 MIDWEST TAPE JUV AV 480.28 2805.65641 MIDWEST TAPE JUV AV 538.87 2805.65641 MIDWEST TAPE JUV AV 25.58 2805.65641 MIDWEST TAPE JUV AV 76.74 2805.65641 MIDWEST TAPE JUV AV 59.98 2805.65641 MIDWEST TAPE JUV AV 63.98 2805.65641 MIDWEST TAPE JUV AV 44.98 2805.65641 BOOK WHOLESALERS INC.JUV AV 180.68 2805.65630 BOOK WHOLESALERS INC.JUV PRINT 138.68 6,284.51 2806 ADULT SERVICES 2806.65641 BAKER & TAYLOR ADULT AV 14.23 2806.65641 BAKER & TAYLOR ADULT AV 10.18 2806.65641 BAKER & TAYLOR ADULT AV 22.01 2806.65641 BAKER & TAYLOR ADULT AV 40.37 2806.65641 BBC AUDIOBOOKS AMERICA ADULT AV 79.92 2806.65641 BBC AUDIOBOOKS AMERICA ADULT AV 371.06 2806.65630 BRODART COMPANY ADULT PRINT 331.91 2806.65641 RECORDED BOOKS INC.ADULT AV 151.00 2806.65641 RECORDED BOOKS INC.ADULT AV 206.60 2806.65641 RECORDED BOOKS INC.ADULT AV 111.60 2806.65641 RECORDED BOOKS INC.ADULT AV 1,926.60 2806.65641 RECORDED BOOKS INC.ADULT AV 33.00 2806.65641 RANDOM HOUSE INC ADULT AV 29.96 2806.65641 RANDOM HOUSE INC ADULT AV 30.00 2806.65641 RANDOM HOUSE INC ADULT AV 30.00 2806.65641 RANDOM HOUSE INC ADULT AV 59.96 2806.65641 RANDOM HOUSE INC ADULT AV 63.75 2806.65641 RANDOM HOUSE INC ADULT AV 251.25 2806.65641 RECORDED BOOKS INC.ADULT AV 272.20 2806.65635 CHICAGO SUN-TIMES PERIODICALS 267.28 2806.65630 BAKER & TAYLOR ADULT PRINT 833.66 2806.65630 BAKER & TAYLOR ADULT PRINT 158.44 2806.65630 BAKER & TAYLOR YA PRINT 467.11 Page 95 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2806.65630 BAKER & TAYLOR ADULT PRINT 37.56 2806.65635 MICROFILM EQUIPMENT AND SUPPLI MIRCOFILM SERVICE 769.00 2806.65630 BAKER & TAYLOR ADULT PRINT 210.00 2806.65630 BAKER & TAYLOR ADULT SERVICES 70.00 2806.65630 BRODART COMPANY ADULT PRINT CREDIT 20.50- 2806.65630 BRODART COMPANY ADULT PRINT 940.79 2806.65630 BRODART COMPANY ADULT PRINT 392.46 2806.65630 BRODART COMPANY ADULT PRINT 332.59 2806.65630 BRODART COMPANY ADULT PRINT 975.62 2806.65630 BRODART COMPANY ADULT PRINT 93.06 2806.65630 BRODART COMPANY ADULT PRINT 197.85 2806.65630 BRODART COMPANY ADULT PRINT 90.16 2806.65630 BRODART COMPANY ADULT PRINT 37.56 2806.65630 BRODART COMPANY ADULT PRINT 83.78 2806.65630 BRODART COMPANY ADULT PRINT 79.88 2806.65630 BRODART COMPANY ADULT PRINT 93.01 2806.65630 BRODART COMPANY ADULT PRINT 62.40 2806.65630 BRODART COMPANY ADULT PRINT 118.94 2806.65630 BAKER & TAYLOR ADULT PRINT 677.37 2806.65630 BAKER & TAYLOR ADULT PRINT 188.17 2806.65630 BAKER & TAYLOR YA PRINT 234.34 2806.65641 BAKER & TAYLOR ADULT AV 215.31 2806.65641 BAKER & TAYLOR JUV, ADULT AV 88.39 2806.65630 BAKER & TAYLOR ADULT PRINT 41.19 2806.65630 BAKER & TAYLOR ADULT PRINT 187.93 2806.65630 BAKER & TAYLOR YA PRINT 368.88 2806.65641 BAKER & TAYLOR ADULT AV 14.69 2806.65641 MIDWEST TAPE ADULT AV 9.99 2806.65641 BLACKSTONE AUDIO BOOKS INC.ADULT AV 904.45 2806.65630 BAKER & TAYLOR ADULT PRINT 61.06 2806.65641 BAKER & TAYLOR ADULT AV 113.85 2806.65641 BAKER & TAYLOR ADULT AV 251.18 2806.65641 BAKER & TAYLOR ADULT AV 10.18 2806.65641 BAKER & TAYLOR ADULT AV 110.12 2806.65641 BAKER & TAYLOR ADULT AV 44.08 2806.65641 BAKER & TAYLOR ADULT AV 73.42 2806.65641 BAKER & TAYLOR ADULT AV 123.65 14,044.50 2808 NEIGHBORHOOD SERVICES-LIBRARY 2808.65635 WALL STREET JOURNAL PERIODICALS 309.40 309.40 2820 CIRCULATION 2820.52610 UNIQUE MANAGEMENT SERVICES COLLECTION CHARGES 322.20 2820.65100 K-LOG, INC.LIBRARY SUPPLIES 209.32 531.52 2825 NORTH BRANCH 2825.64015 NICOR 0632 MONTHLY CHARGES 104.18 104.18 Page 96 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2835 TECHNICAL SERVICES 2835.65100 SHOPPER, INC.TECH SERVICES SUPPLIES 485.27 2835.62340 COOPERATIVE COMPUTER SERVICES LIBRARY AUTOMATION SERVICES 4,944.30 2835.62340 COOPERATIVE COMPUTER SERVICES LIBRARY AUTOMATION SERVICES 801.35 6,230.92 2840 MAINTENANCE 2840.62340 CINTAS #769 MAT SERVICES 57.69 2840.62225 CINTAS #769 MAT SERVICE 57.69 2840.65040 LAPORT INC FY11-12 BLANKET PURCHASE ORDER 564.20 2840.62225 CINTAS #769 MAT SERVICE 57.69 2840.64015 NICOR 0632 MONTHLY CHARGES 217.79 2840.62245 AMERICAN MESSAGING PAGER 6.00 961.06 2845 ADMINISTRATION 2845.64540 NEXTEL WIRELESS SERVICE 27.04 2845.65095 OFFICE DEPOT FY2011 P.O. BLANKET ORDER 25.05 2845.65095 OFFICE DEPOT FY2011 P.O. BLANKET ORDER 79.81 2845.56140 ILLINOIS DEPT OF REVENUE SALES TAX AUG. 2011 1,171.00 1,302.90 3005 REC. MGMT. & GENERAL SUPPORT 3005.64540 NEXTEL WIRELESS SERVICE 47.38 47.38 3010 REC. BUS. & FISCAL MGMT 3010.65095 OFFICE DEPOT 2011 BLANKET PO OFFICE 12.56 3010.62705 PLUG & PAY TECHNOLOGIES CREDIT CARD BANK FEES 15.00 3010.65095 OFFICE DEPOT 2011 BLANKET PO OFFICE 26.04 3010.65095 OFFICE DEPOT 2011 BLANKET PO OFFICE 63.65 3010.65095 OFFICE DEPOT 2011 BLANKET PO OFFICE 3.50 120.75 3020 RECREATION GENERAL SUPPORT 3020.64540 NEXTEL WIRELESS SERVICE 47.38 3020.65125 COMCAST CABLE CABLE SERVICES AT REC CENTERS 8.41 55.79 3025 PARK UTILITIES 3025.64015 NICOR 0632 MONTHLY CHARGES 38.45 3025.64015 NICOR 0632 MONTHLY CHARGES 24.31 3025.64015 NICOR 0632 MONTHLY CHARGES 29.74 3025.64015 NICOR 0632 MONTHLY CHARGES 41.42 3025.64015 NICOR 0632 MONTHLY CHARGES 48.63 3025.64005 COMED MONTHLY CHARGES 43.41 3025.64005 COMED MONTHLY CHARGES 253.33 3025.64005 COMED MONTHLY CHARGES 32.84 3025.64005 COMED MONTLY CHARGES 146.14 3025.64005 COMED MONTHLY CHARGES 39.99 3025.64005 COMED MONTHLY CHARGES 98.99 3025.64005 COMED MONTHLY CHARGES 30.76 3025.64005 COMED MONTHLY CHARGES 52.57 3025.64005 COMED MONTHLY CHARGES 23.52 Page 97 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3025.64005 COMED MONTHLY CHARGES 277.99 3025.64005 COMED MONTHLY CHARGES 207.93 3025.64005 COMED MONTHLY CHARGES 27.19 3025.64005 COMED MONTHLY CHARGES 194.90 3025.64005 COMED MONTHLY CHARGES 20.68 3025.64005 COMED MONTHLY CHARGES 78.81 3025.64005 COMED MONTHLY CHARGES 91.10 3025.64005 COMED MONTHLY CHARGES 40.82 3025.64005 COMED MONTHLY CHARGES 279.06 3025.64005 COMED MONTHLY CHARGES 35.85 3025.64005 COMED MONTHLY CHARGES 12.09 3025.64005 COMED MONTHLY CHARGES 20.52 3025.64005 COMED MONTHLY CHARGES 18.61 3025.64005 COMED MONTHLY CHARGES 59.65 3025.64005 COMED MONTHLY CHARGES 340.06 3025.64005 COMED MONTHLY CHARGES 18.63 3025.64005 COMED MONTHLY CHARGES 379.09 3025.64005 COMED MONTHLY CHARGES 158.41 3025.64015 NICOR 0632 MONTHLY CHARGES 27.29 3025.64015 NICOR 0632 MONTHLY CHARGES 32.49 3025.64005 MID AMERICAN ENERGY COMPANY MONTHLY CHARGES 305.01 3025.64005 COMED MONTHLY CHARGES 24.92 3025.64015 NICOR 0632 MONTHLY CHARGES 24.32 3025.64005 COMED MONTHLY CHARGES 29.08 3025.64005 COMED MONTHLY CHARGES 72.64 3025.64005 EXELON ENERGY COMPANY MONTHLY CHARGES 861.78 3025.64005 EXELON ENERGY COMPANY MONTHLY CHARGES 294.04 4,837.06 3030 CROWN COMMUNITY CENTER 3030.65110 EVANSTON IMPRINTABLES,INC.HATS 84.80 3030.62375 JEAN'S GREENS, INC.PLANT SERVICE AUG 11 50.00 3030.62505 FIEBIG, ESTHER YOUTH DANCE INSTRUCTOR 180.00 3030.62505 LOCKETT, LAMAR ADULT DANCE INSTRUCTOR 90.00 3030.62507 POSITIVE CONNECTIONS, INC.SURF TURF CAMP FIELD TRIP 261.00 665.80 3035 CHANDLER COMMUNITY CENTER 3035.64005 EXELON ENERGY COMPANY MONTHLY CHARGES 1,779.68 3035.62505 SPORTS ENDEAVORS, INC 2011 VOLLEYBALL INSTRUCTION 558.00 3035.65040 LAPORT INC 2011 BLANKET PO JANITORAL 461.75 3035.65040 LAPORT INC 2011 BLANKET PO JANITORAL 346.72 3035.64540 NEXTEL WIRELESS SERVICE 28.94 3035.62507 VERTICAL ENDEAVORS SPORTS CAMP FIELD TRIP 848.00 3035.64005 MID AMERICAN ENERGY COMPANY MONTHLY CHARGES 48.63 3035.62507 AMERICA'S ACTION TERRITORY CAMP FIELD TRIP 495.38 3035.62507 POSITIVE CONNECTIONS, INC.CAMP FIELD TRIP 184.88 3035.62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL SERVICES 28.36 3035.62507 POSITIVE CONNECTIONS, INC.CAMP FIELD TRIP 281.38 3035.62507 POSITIVE CONNECTIONS, INC.CAMP FIELD TRIP 326.25 3035.62507 POSITIVE CONNECTIONS, INC.CAMP FIELD TRIP 217.50 Page 98 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3035.62507 POSITIVE CONNECTIONS, INC.CAMP FIELD TRIP 261.00 3035.62507 POSITIVE CONNECTIONS, INC.CAMP FIELD TRIP 304.50 3035.62507 POSITIVE CONNECTIONS, INC.CAMP FIELD TRIP 130.50 3035.65040 LAPORT INC 2011 BLANKET PO JANITORAL 241.85 6,543.32 3040 FLEETWOOD JOURDAIN COM CT 3040.65095 OFFICE DEPOT 2011 BLANKET PO OFFICE 21.15 3040.64540 NEXTEL WIRELESS SERVICE 27.04 3040.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BLOOMING CAMPERS 1,261.50 3040.62507 POSITIVE CONNECTIONS, INC.BLOOMING CAMPERS FIELD TRIP 293.63 3040.62507 POSITIVE CONNECTIONS, INC.BLOOMING CAMPERS FIELD TRIP 449.68 3040.62507 POSITIVE CONNECTIONS, INC.BLOOMING CAMPERS FIELD TRIP 1,000.50 3040.64015 NICOR 0632 MONTHLY CHARGES 146.93 3040.64005 MID AMERICAN ENERGY COMPANY MONTHLY CHARGES 176.79 3040.62225 STA-KLEEN INC.11-12 BLANKET PO CLEANING 375.00 3040.62225 STA-KLEEN INC.11-12 BLANKET PO CLEANING 250.00 4,002.22 3045 FLEETWOOD/JOURDAIN THEATR 3045.62511 MUSIC THEATRE INTERNATIONAL ROYALTY 525.00 3045.62505 SMITH, ANYA BLAKEMAN STAGE MGR DRAMATIC READING SER 220.00 3045.62505 MARQUEZ, AUBREY STAGE CREW FJT 30.00 3045.62505 AGWADA, VINCENT PERFORMER SUMMER BLUES SET 375.00 3045.62505 HUDSON, JAMES PIANO TUNING 5 GUYS MOE 110.00 3045.62505 ROSEBOROUGH, KARA ADRIENNE STAGE CREW FJT SUMMR BLUES SET 80.00 3045.62511 MUSIC THEATRE INTERNATIONAL RENTAL 327.75 1,667.75 3050 RECREATION OUTREACH PROGRAM 3050.62505 DYKES, ALEX AFTER SCHOOL HANDS ON SCIENCE 210.00 210.00 3055 LEVY CENTER 3055.62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL SERVICES 42.00 3055.65040 LAPORT INC 2011 BLANKET PO JANITORAL 168.95 3055.65095 OFFICE DEPOT 2011 BLANKET PO OFFICE 113.75 3055.64540 NEXTEL WIRELESS SERVICE 27.04 3055.62210 ALLEGRA PRINT & IMAGING 2011 BLANKET PO PRINTING 575.00 3055.62505 JANKIEWICZ, MALGORZATA 8 WEEK BEADING CLASS INSTR. 440.00 3055.62505 KOLAKOWSKI, DONALD 1ST PYMT ECT DIRECTOR FALL 11 1,175.00 3055.62505 SMITH, ANYA BLAKEMAN FIRST PYMT ECT ASSIST DIRECTOR 425.00 3055.56045 ILLINOIS DEPT OF REVENUE SALES TAX AUG. 2011 35.00 3055.65110 PIONEER DRAMA SERVICE INC SCRIPTS FOR ECT 114.75 3055.65110 PIONEER DRAMA SERVICE INC SCRIPTS FOR ECT 579.50 3055.62210 QUARTET COPIES POSTERS FOR ECT 160.00 3055.65040 LAPORT INC 2011 BLANKET PO JANITORAL 511.85 3055.65040 LAPORT INC 2011 BLANKET PO JANITORAL 142.00 4,509.84 3080 BEACHES 3080.64005 EXELON ENERGY COMPANY MONTHLY CHARGES 166.21 3080.64540 NEXTEL WIRELESS SERVICE 77.61 Page 99 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 243.82 3085 RECREATION FACILITY MAINT 3085.64540 NEXTEL WIRELESS SERVICE 77.61 3085.65090 EVANSTON IMPRINTABLES,INC.LAKEFRONT TSHIRTS 357.61 435.22 3095 CROWN ICE RINK 3095.65095 OFFICE DEPOT 2011 BLANKET PO OFFICE 19.58 3095.64540 NEXTEL WIRELESS SERVICE 84.42 3095.62505 BABICZ, GEORGE S.SPEEDSKATING INSTRUCTOR 550.00 3095.65070 ANDERSON PEST CONTROL MONTHLY PEST CONTROL SERVICES 75.00 3095.62507 SIX FLAGS GREAT AMERICA ROBERT CROWN CAMP 4,212.00 3095.62251 MCCAULEY MECHANICAL SERVICE COMMERCIAL FREEZER REPAIR 669.82 3095.62251 MCCAULEY MECHANICAL SERVICE REPAIR AIR UNIT MOTOR IN LOBBY 412.00 3095.62245 JORSON & CARLSON BLADE SHARPENING 33.06 3095.62507 POSITIVE CONNECTIONS, INC.CAMP FIELD TRIP 119.63 3095.62507 POSITIVE CONNECTIONS, INC.CAMP FIELD TRIP 228.38 3095.62507 POSITIVE CONNECTIONS, INC.CAMP FIELD TRIP 174.00 3095.62375 JEAN'S GREENS, INC.PLANT SERVICE AUG 11 50.00 6,627.89 3100 SPORTS LEAGUES 3100.62508 MEYER, HAL UMPIRE FEE 60.00 3100.62508 DANIELS, GARRY UMPIRE FEE/ASSIGNMENT FEE 475.00 3100.62508 BROOKS, MARVIN UMPIRE FEES 240.00 775.00 3110 TENNIS 3110.62205 EVANSTON ROUND TABLE LLC GOLF AND TENNIS AD 225.00 225.00 3130 SPECIAL RECREATION 3130.64540 NEXTEL WIRELESS SERVICE 54.08 54.08 3140 BUS PROGRAM 3140.64540 NEXTEL WIRELESS SERVICE 27.04 27.04 3150 PARK SERVICE UNIT 3150.64540 NEXTEL WIRELESS SERVICE 54.08 54.08 3155 GOLF 3155.62205 EVANSTON ROUND TABLE LLC GOLF AND TENNIS AD 200.00 200.00 3205 COMMUNITY RELATIONS 3205.62513 LADEN, BLAIR COMMUNITY PICNIC FACE PAINTER 300.00 3205.62513 GREENWELL, DALE PERFORMANCE 400.00 3205.62513 PORTAJANE CHICAGO COMMUNITY PICNIC WASHROOMS 340.00 3205.62513 CHICAGO TRUCK LEASING COMPANY RENTAL TRUCK COMMUNITY PICNIC 512.83 3205.64540 NEXTEL WIRELESS SERVICE 27.16 3205.62513 SIR SPEEDY PRINTING COMMUNITY PICNIC POSTER/FLYERS 510.36 Page 100 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3205.62490 HENRY'S FARM LINK CARD REIMBURSEMENT 268.00 3205.62490 IRON CREEK FARM LINK VOUCHER REIMBURSEMENT 52.00 3205.62490 K & K FARM'S LINK VOUCHER REIMBURSEMENT 120.00 3205.62490 LAKE BREEZE ORGANICS LINK VOUCHER REIMBURSEMENT 122.00 3205.62490 TERESA'S FRUIT AND HERBS LINK VOUCHER REIMBURSEMENT 55.00 3205.62490 GAST, ED LINK VOUCHER REIMBURSEMENT 66.00 3205.62490 ELKO'S PRODUCE AND GREENHOUSE LINK VOUCHER REIMBURSEMENT 65.00 3205.62490 KINNIKINNICK FARM LINK VOUCHER REIMBURSEMENT 42.00 3205.62490 SEEDLING LINK VOUCHER REIMBURSEMENT 45.00 3205.62490 OLD TOWN OIL LINK VOUCHER REIMBURSEMENT 45.00 3205.62490 ZELDENRUST FARM LINK VOUCHER REIMBURSEMENT 96.00 3205.62490 D & H FARMS LINK VOUCHER REIMBURSEMENT 48.00 3205.62490 NEW WORLD BAGEL CO. DBA BAGEL LINK VOUCHER REIMBURSEMENT 16.00 3205.62490 DONGVILLO FARM LINK VOUCHER REIMBURSEMENT 10.00 3205.62490 RIVER VALLEY RANCH LINK VOUCHER REIMBURSEMENT 132.00 3205.62490 M AND D FARMS LINK VOUCHER REIMBURSEMENT 55.00 3205.62490 DENNY'S ACRES LINK VOUCHER REIMBURSEMENT 11.00 3205.62490 LYON'S FARM LINK VOUCHER REIMBURSEMENT 69.00 3205.62490 J.W. MORLOCK AND GIRLS LINK VOUCHER REIMBURSEMENT 73.00 3205.62490 NICHOLS FARM LINK VOUCHER REIMBURSEMENT 109.00 3205.62490 FIRST, JON LINK VOUCHER REIMBURSEMENT 192.00 3205.62490 SMITS FARMS LINK VOUCHER REIMBURSEMENT 26.00 3205.62490 GENEVA LAKES PRODUCE LINK VOUCHER REIMBURSEMENT 64.00 3205.62490 NOFFKE FAMILY FARM LINK VOUCHER REIMBURSEMENT 76.00 3205.62490 TOMATO MOUNTAIN FARM LINK VOUCHER REIMBURSEMENT 37.00 3205.62490 HEARTLAND MEATS LINK VOUCHER REIMBURSEMENT 62.00 3205.62513 OFFICE DEPOT COMMUNITY PICNIC SCHOOL 1,499.10 3205.62513 HOUSE OF RENTAL RENTAL OF EQUIPMENT FOR 4,540.00 3205.62513 L.H. KLEIN & ASSOCIATES COMMUNITY PICNIC TSHIRTS 1,140.00 3205.62513 NEXPAK USA, INC.BACK PACKS FOR COM. PICNIC 5,680.35 3205.62490 GREAT HARVEST BREAD CO.LINK VOUCHER REIMBURSEMENT 111.00 3205.62513 CASTILLA, LUCHO PERFORMER-COMMUNITY PICNIC 75.00 3205.62513 FREEMAN, DEBBIE BALLOON SCULPTING COM. PICNIC 350.00 3205.62513 GREENWELL, DALE PERFORMANCE 100.00 17,541.80 3215 YOUTH ENGAGEMENT DIVISION 3215.64540 NEXTEL WIRELESS SERVICE 50.53 50.53 3505 PARKS & FORESTRY GENERAL SUP 3505.64540 NEXTEL WIRELESS SERVICE 608.50 608.50 3510 HORTICULTURAL MAINTENANCE 3510.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 78.26 3510.65070 MIDWEST FUEL INJECTION SERVICE REBUILT 4 INJECTORS 426.68 3510.62195 KGI LANDSCAPING 2011 LANDSCAPE MAINTENANCE 5,540.00 3510.62195 KGI LANDSCAPING 2011 LANDSCAPE MAINTENANCE 5,540.00 3510.62195 LANDSCAPE CONCEPTS MANAGEMENT, 2011 LANDSCAPE MAINTENANCE 394.75 3510.62195 LANDSCAPE CONCEPTS MANAGEMENT, 2011 LANDSCAPE MAINTENANCE 555.75 3510.62195 LANDSCAPE CONCEPTS MANAGEMENT, 2011 LANDSCAPE MAINTENANCE 551.50 Page 101 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 13,086.94 3515 PARKWAY TREE MAINTENANCE 3515.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 25.13 25.13 3520 DUTCH ELM DISEASE CONTROL 3520.62385 HAIR, MARY ASH TREE REMOVAL 208.00 208.00 3535 DUTCH ELM INOCULATION PROGRAM 3535.62496 JOHNSON TREE EXPERTS ABORTECT INJECTION~ELMS 223,574.05 223,574.05 3605 ECOLOGY CENTER 3605.65095 OFFICE DEPOT 2011 BLANKET PO OFFICE 7.12 3605.56045 ILLINOIS DEPT OF REVENUE SALES TAX AUG. 2011 11.00 3605.64015 NICOR 0632 MONTHLY CHARGES 15.41 3605.64005 MID AMERICAN ENERGY COMPANY MONTHLY CHARGES 640.50 3605.65095 OFFICE DEPOT 2011 BLANKET PO OFFICE 80.86 3605.62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL SERVICE 56.75 811.64 3610 ECO-QUEST DAY CAMP 3610.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 228.38 3610.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 228.38 3610.64540 NEXTEL WIRELESS SERVICE 15.52 472.28 3706 NCAP- NOYES CULTURAL FUND 3706.62665 Evanston Symph Orchestra Assoc GENERAL OPERATING GRANT 675.00 3706.62665 MUSIC INSTITUTE OF CHICAGO GENERAL OPERATING GRANT 875.00 1,550.00 3710 NOYES CULTURAL ARTS CTR 3710.64005 EXELON ENERGY COMPANY MONTHLY CHARGES 1,984.33 3710.64015 NICOR 0632 MONTHLY CHARGES 136.11 3710.64540 NEXTEL WIRELESS SERVICE 27.04 2,147.48 3723 NCAP - ARTS CAMP 3723.62511 KAUFMANN'S EMPORIUM PERFORMER ARTS CAMP 175.00 3723.62507 POSITIVE CONNECTIONS, INC.CAMP FIELD TRIP 130.50 305.50 3727 NCAP - ETHNIC FESTIVAL 3727.62515 SUNBELT RENTALS, INC RENTAL ELECTRIC EQUIP.6,497.66 3727.65020 EVANSTON IMPRINTABLES,INC.TSHIRTS ETHNIC FESTIVAL 19.40 3727.65020 EVANSTON IMPRINTABLES,INC.TSHIRTS ETHNIC FESTIVAL 1,060.60 3727.62509 YARESEME, POORNIMA ETHNIC ARTS FEST DEMONSTRATOR 300.00 3727.62490 INNOVATIVE DESIGN & GRAPHICS C ETHNIC ARTS FEST POSTERS 265.00 3727.62210 INNOVATIVE DESIGN & GRAPHICS C GRAPHIC DESIGN ETHNIC ART 1,340.00 9,482.66 3729 NCAP - LAKESHORE FESTIVAL 3729.62490 ROBINSON, VIRGIL A.LAKESHORE ARTS FEST JUDGE 75.00 Page 102 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3729.62490 MELISSAS, JACQUELINE B.LAKESHORE ARTS FEST JUDGE 75.00 3729.62490 DEBRA MURRAY / WEARABLE ART LAKESHORE ARTS FEST AWARD 100.00 3729.62490 Mary Lou Hess LAKESHORE ARTS FEST AWARD 100.00 3729.62490 LORENZO'S STUDIO LAKESHORE ARTS FEST AWARD 100.00 3729.62210 INNOVATIVE DESIGN & GRAPHICS C LAKESHORE ARTS FEST POSTERS 265.00 3729.62509 YARESEME, POORNIMA LKSHR ARTS FEST DEMONSTRATOR 375.00 3729.62210 INNOVATIVE DESIGN & GRAPHICS C GRAPHIC DESIGN LAKESHORE 1,230.00 3729.65020 EVANSTON IMPRINTABLES,INC.TSHIRTS LAKESHORE 1,164.00 3,484.00 3733 NCAP - STARLIGHT CONCERTS 3733.62511 DRAZIN, DAVID PIANO FOR SILENT MOVIE STRLGHT 300.00 3733.62511 ARLEN MUSIC CONSULTANTS, INC. 2011 STARLIGHT CONCERT 1,700.00 3733.62210 EVANSTON SIGNS & GRAPHICS, INC BANNER MOVIES DAWES PARK 162.00 3733.62515 WINDY CITY FENCE,LLC, DBA WIND PORTABLE RESTROOMS TWIGG PK 185.00 2,347.00 3734 NCAP - THE GALLERY 3734.62210 SERAPH DIGITAL, INC.LAND AND WATER SHOW POSTCARDS 250.00 250.00 3736 NCAP- ARTS WEEK 3736.62205 EVANSTON ROUND TABLE LLC BACKSTAGE EVANSTON AD 924.00 924.00 3805 FACILITIES ADMINISTRATION 3805.64015 NICOR 0632 MONTHLY CHARGES 76.18 3805.65095 OFFICE DEPOT OFFICE SUPPLIES 18.56 3805.65095 OFFICE DEPOT OFFICE SUPPLIES 468.22 3805.64540 NEXTEL WIRELESS SERVICE 77.76 3805.64005 COMED MONTHLY CHARGES 321.59 3805.65095 OFFICE DEPOT OFFICE SUPPLIES 1,169.97 3805.62376 NICOR 0632 MONTHLY CHARGES 24.32 2,156.60 3806 CIVIC CENTER SERVICES 3806.65040 MARK VEND COMPANY VENDING SUPPLIES 168.00 3806.65040 MARK VEND COMPANY VENDING SUPPLIES 156.08 3806.64015 NICOR 0632 MONTHLY CHARGES 220.65 3806.62245 THYSSENKRUPP ELEVATOR *ELEVATOR SERVICE 540.00 3806.62225 DUSTCATCHERS, INC.FLOOR MATS FOR 209.00 3806.64540 NEXTEL WIRELESS SERVICE 107.48 3806.65040 EDWARD DON & COMPANY NAPKIN LOWFOLD 293.94 1,695.15 3807 CONSTRUCTION AND REPAIRS 3807.62509 DWG, INC.HEAT PUMPS 16,442.00 3807.64540 NEXTEL WIRELESS SERVICE 852.42 3807.62509 SCHNEIDER ELECTRIC BUILDINGS A MAINT. AGREEMENT 7,728.00 25,022.42 244502 CHILDHOOD LEAD POISONING GRANT 244502.62190 STAT ANALYSIS CORPORATION CASE SF2 002-10 304 SOUTH BLVD 162.00 244502.62190 ACE REMODELING CASE SF2 002-10 LEAD ABATEMNT 12,160.00 Page 103 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 12,322.00 522,216.12 00190 HPRP GRANT FUND 4901 HPRP GRANTS 4901.63160 CONNECTIONS FOR THE HOMELESS HPRP AUGUST 2011 7,758.78 4901.63159 CONNECTIONS FOR THE HOMELESS HPRP AUGUST 2011 249.58 4901.62295 FLAX, SARAH K REIMB. HPRP TRAINING TRIP 41.74 4901.63158 CONNECTIONS FOR THE HOMELESS HPRP AUGUST 2011 580.97 8,631.07 8,631.07 00200 MOTOR FUEL TAX FUND 5149 DODGE AV RESURFAC-OAKT-LEE STR 5149.65515 ARROW ROAD CONSTRUCTION 2011 DODGE AVE RESURFACING 95,018.34 95,018.34 95,018.34 00205 EMERGENCY TELEPHONE SYSTEM 5150 EMERGENCY TELEPHONE SYSTM 5150.65095 HENRY SCHEIN, INC.TOWELETTES 99.00 5150.62509 IRON MOUNTAIN OSDP BLANKET P.O. FOR OFF-SITE DATA 308.62 5150.65625 MOTOROLA SOLUTIONS, INC.UHF R2 XTL5000 CONSOLETTE 4,938.00 5150.65625 SUNGARD PUBLIC SECTOR, INC.TRAINING TRAVEL EXPENSES 315.00 5150.65085 MOTOROLA SOLUTIONS, INC.COMMUNICATION CHARGES 1,372.41 5150.65085 MOTOROLA SOLUTIONS, INC.CABLE 5 UNITS 534.75 5150.65085 MOTOROLA SOLUTIONS, INC.CABLE 213.90 5150.65085 MOTOROLA SOLUTIONS, INC.COMMUNICATION CHARGES 1,499.13 5150.64540 NEXTEL WIRELESS SERVICE 1,383.10 5150.64540 VERIZON WIRELESS (25505)WIRELESS SERVICE 2,698.71 13,362.62 13,362.62 00215 CDBG FUND 5200 HOUSING ASSISTANCE 5200.62825 DREW, INA SECURITY IMPROVMNTS 144 CALLAN 230.00 230.00 5205 TARGETED CODE ENFORCEMENT 5205.62770 ABG SERVICES, INC.CASE 11-1873 920 DODGE 225.00 5205.62770 ABG SERVICES, INC.CASE 11-1873 920 DODGE 125.00 5205.62770 TGF ENTERPRISES, INC.CASE 08-1905 2027 BROWN 75.00 5205.62770 TGF ENTERPRISES, INC.CASE 11-1838 1824 EMERSON 150.00 575.00 5220 CDBG ADMINISTRATION 5220.62185 BORJA, THERESA FINANCIAL MANAGEMENT SERV.3,690.00 5220.62285 FEDERAL EXPRESS CORP.SHIPPING 17.83 5220.62285 AARYNN/ALLYSSA TRUCKING CDBG PACKETS COURIER SERV.43.78 3,751.61 5240 PUBLIC SERVICES 5240.62980 NORTH SHORE SENIOR CENTER CASE MANAGEMENT SERVICES 19,568.00 Page 104 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 5240.62935 JAMES B. MORAN CENTER FOR YOUT LEGAL/SOCIAL WORK 32,483.00 5240.63120 MEALS AT HOME FOOD-SENIORS-DISABILITIES 11,306.00 5240.62940 LEGAL ASSISTANCE FOUNDATION 1 EVANSTON LEGAL SERVICES 7,827.00 5240.62985 INTERFAITH HOUSING CENTER OF N HOMESHARING PROGRAM 12,176.00 5240.62960 INTERFAITH ACTION OF EVANSTON JOB COUNSELOR FOR HOMELESS 1,960.00 5240.67030 FAMILY FOCUS INC.TEEN PROGRAM BLOCK GRANT 8,697.00 5240.62970 CONNECTIONS FOR THE HOMELESS ENTRY POINT FY 2011 3,480.00 5240.62955 EVANSTON NORTHSHORE YWCA, DOME YWCA DOMESTIC VIOL. SERV.30,440.00 5240.62945 YOUTH JOB CENTER OF EVANSTON YOUTH EMPLOYMENT INITIATIVE 39,290.00 167,227.00 5260 ECONOMIC DEVELOPMENT 5260.62966 TECHNOLOGY INNOVATION CENTER/ EVANSTON BUSN. OWNERSHIP INIT.12,500.00 12,500.00 184,283.61 00220 CD LOAN FUND 5280 SINGLE FAM REHAB PROGRAM 5280.62190 RAM ARCHITECTS, INC.CASE SF1 011-11 1720 GREY 2,000.00 5280.65535 ANTON, KOCHIS & BOOTHE CASE SF1 013-11 1802 GREENLEAF 250.00 5280.65535 ANTON, KOCHIS & BOOTHE CASE SF1 016-11 1523 MCDANIEL 250.00 5280.65535 PHOENIX CONSTRUCTION COMPANY O CASE SF1 014-11 330 ASBURY 450.00 5280.65535 VALUE REMODELING CASE SF 962-09 939 MCDANIEL 12,800.00 5280.65535 INNERSPACE ENVIRONMENTAL CASE SF1 014-11 330 ASBURY 550.00 5280.65535 STAT ANALYSIS CORPORATION CASE SF 962-09 939 MCDANIEL 54.00 16,354.00 16,354.00 00225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 5300.62295 ACCELA, INC.Administrator Training 3,000.00- 5300.65522 ROOF TO DECK RESTORATION BUSINESS DISTRICT IMPROVEMENTS 680.00 5300.62295 ACCELA, INC.Administrator Training 1,500.00 5300.62295 ACCELA, INC.Administrator Training 1,048.70- 5300.62490 VICTORY VAN CORPORATION Moving Expenses - Griffin 9,714.50 5300.65522 MURRAY, PATRICIA WINDOW SIGNAGE 197.50 5300.62659 CHICAGO'S NORTH SHORE CONVENTI ANNUAL CONTRIBUTION - 6/30/12 32,781.81 5300.62295 ACCELA, INC.Administrator Training 6,000.00 5300.65522 NEW WORLD BAGEL CO. DBA BAGEL NEW SIGNAGE 615 DEMPSTER 296.50 5300.65522 SIR SPEEDY PRINTING MERCHANT GRAN REIMB.875.00 5300.65522 V.A. SHAF DESIGN/ EVANSTON PRI MERCHANT GRANT REIMB.1,785.00 49,781.61 49,781.61 00250 AFFORDABLE HOUSING FUND 5465 AFFORDABLE HOUSING 5465.66061 CONNECTIONS FOR THE HOMELESS FIT`6 MONTHS SERV. REQUEST 2,592.00 5465.62490 INTERFAITH HOUSING CENTER OF N 2ND PAYMNT FORECLOSURE PREV.6,250.00 8,842.00 8,842.00 00320 DEBT SERVICE FUND Page 105 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 5700 1999 GO BONDS 5700.62350 WELLS FARGO BANK SERIES 2008D 250.00 250.00 5713 2011 A BONDS 5713.62280 FEDERAL EXPRESS CORP.SHIPPING 74.29 74.29 324.29 00330 HOWARD RIDGE TIF 5860 HOWARD RIDGE TIF 5860.64015 NICOR 0632 MONTHLY CHARGES 53.42 5860.64015 NICOR 0632 MONTHLY CHARGES 54.56 5860.64015 NICOR 0632 MONTHLY CHARGES 121.79 229.77 229.77 00415 CAPITAL IMPROVEMENTS FUND 415175 CIVIC CTR RENOVATIONS 415175.65050 ADDISON STEEL INC.iron plating 49.00 415175.65050 SIMPLEX GRINNELL WATERFLOW TESTING 545.25 415175.62145 KLAUCENS & ASSOCIATES, INC.CIVIC CENTER FIRE PUMP DESIGN 8,350.00 415175.65050 ADDISON STEEL INC.iron plating 1,127.60 415175.62145 KLAUCENS & ASSOCIATES, INC.CIVIC CENTER FIRE PUMP DESIGN 2,700.00- 7,371.85 415227 SERV. CTR- LOCKER ROOM RENOVAT 415227.62135 BEHLES & BEHLES SERVICE CTR LOCKER ROOM 11,361.93 11,361.93 415347 BRUMMEL TOT LOT 415347.62135 JJR, LLC BRUMMEL-RICHMOND TOT LOT 420.00 420.00 415555 CROWN CENTER STUDY 415555.62180 HVS CONVENTION, SPORTS & ENTER CROWN RFP 11-59 23,069.20 23,069.20 415857 STREET RESURFACING 415857.65515 ARROW ROAD CONSTRUCTION 2011 DODGE AVE RESURFACING 217,559.26 415857.65515 A LAMP CONCRETE CONTRACTORS, I 2011 WATER MAIN & CIP PROJECT 493,173.94 710,733.20 415871 TRAFFIC SIGNAL UPGRADES 415871.65515 STANLEY CONSULTANTS INC.Sheridan/NU Entrance Design Pr 3,641.22 3,641.22 416006 DOWNTOWN BRICK REPAIR 416006.65515 SCHROEDER & SCHROEDER INC EMERSON/GREENBAY & CLARK STR 108,012.15 108,012.15 416028 TRAFFIC SIGNAL& ST.LIGHT MAINT 416028.65515 MARK-IT THERMOPLASTIC PAVEMENT MARKS 1,157.51 1,157.51 416127 LAKEFRONT MASTER PLAN Page 106 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 416127.62280 FEDERAL EXPRESS CORP.SHIPPING 17.83 416127.62280 FEDERAL EXPRESS CORP.SHIPPING 17.83 35.66 416138 2011 PARKING REPAIR PROJECTS 416138.65515 WISS, JANNEY, ELSTNER ASSOCIAT COMPREHENSIVE GARAGE REPAIR 71,652.92 416138.62225 BULLEY & ANDREWS, LLC COMPREHENSIVE PARKING 252,233.74 323,886.66 1,189,689.38 00420 SPEC ASSESS CAP PROJECT FUND 6365 SPECIAL ASSESSMENT 6365.65515 A LAMP CONCRETE CONTRACTORS, I 2011 ALLEY PAVING PROJECT 107,307.00 6365.65515 SCHROEDER & SCHROEDER INC 2011 50/50 SIDEWALK & CURB 106,228.08 213,535.08 6372 SPECIAL ASSESSMENT 1457 6372.56570 BEAUDOIN, MICHAEL OVERPAY INTEREST ON WARRANT 118.74 118.74 213,653.82 00505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 7005.62210 MUMM PRINT SHOP BUSINESS CARDS ADMIN SERVICES 19.00 7005.62431 GARDA CL GREAT LAKES, INC.PICK UP SERVICE-SEPTEMBER 1,210.10 7005.64540 NEXTEL WIRELESS SERVICE 304.21 7005.65095 OFFICE DEPOT BLANKET PO FOR OFFICE SUPPLIES 33.88 1,567.19 7015 PARKING LOTS & METERS 7015.62230 TENG & ASSOCIATES INC.STRUCTUAL ENGINEERING AND 2,748.00 7015.65070 IPS GROUP, INC.MONTHLY MANAGEMENT FEE 360.80 7015.64005 COMED ELECTRICITY 1,258.84 7015.62245 TOTAL PARKING SOLUTIONS, INC. MAINTENANCE AGREEMENT 780.00 7015.62245 TOTAL PARKING SOLUTIONS, INC. PARTS AND LABOR CONTRACT 1,360.00 7015.65070 GRAINGER, INC., W.W.BATTERIES 642.60 7015.53500 COOK COUNTY COLLECTOR PARKING TAX AUG. 2011 240.00 7,390.24 7025 CHURCH STREET GARAGE 7025.53515 DE ANTA, ALDO VIDAL ACCESS CARD REFUND 25.00 7025.64005 EXELON ENERGY COMPANY MONTHLY CHARGES 2,081.10 7025.53515 NAZARENUS, ELLEN ACCESS CARD REFUND 25.00 7025.53515 SARMINI, JONATHAN ACCESS CARD REFUND 25.00 7025.53500 COOK COUNTY COLLECTOR PARKING TAX AUG. 2011 3,280.25 7025.53515 THOMPSON, RYAN ACCESS CARD DEPOSIT REFUND 25.00 7025.64505 CALL ONE COMMUNICTION CHARGES 918.95 7025.62509 REVCON TECHNOLOGIES, INC.REVCON MAINTENACE AGREEMENT 2,650.00 7025.53515 LEVINE, ZACK ACCESS CARD REFUND 25.00 7025.53515 DEO, DEEPAK ACCESS CARD REFUND 25.00 7025.53515 KEROUAC, CHARLES ACCESS CARD REFUND 25.00 7025.53515 KIM, JUNG ACCESS CARD REFUND 25.00 7025.53515 BAJOREK, JOSEF ACCESS CARD REFUND 25.00 Page 107 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7025.53515 CRAIG, GERALD ACCESS CARD REFUND 25.00 7025.53500 FEDERAL EXPRESS CORP.SHIPPING 20.53 7025.53515 RINCON, TOMAS ACCESS CARD REFUND 25.00 9,225.83 7036 SHERMAN GARAGE 7036.53515 WILSON, DENNIS ACCESS CARD DEPOSIT REFUND 25.00 7036.64505 CALL ONE COMMUNICTION CHARGES 1,895.59 7036.53515 SANTIAGO, AMANDA ACCESS CARD REFUND 25.00 7036.53515 WALTOS, ROBERT ACCESS CARD REFUND 25.00 7036.53515 BLAIN, TERENCE ACCESS CARD REFUND 25.00 7036.53515 KASS, AMANDA G.ACCESS CARD REFUND 25.00 7036.53515 YADAV, SHASHWAY ACCESS CARD REFUND 25.00 7036.53515 OLSON, MARK ACCESS CARD REFUND 25.00 7036.53515 FRIED, ROBERT ACCESS CARD REFUND 25.00 7036.53515 JOSEPH, ROBERT ACCESS CARD REFUND 25.00 7036.53515 ORTNER, DAVID M.ACCESS CARD REFUND 25.00 7036.53515 STUCKA, GREG ACCESS CARD REFUND 25.00 7036.53515 DALY, LAURA ACCESS CARD REFUND 25.00 7036.53515 PARTINGTON, LAURA G.ACCESS CARD REFUND 25.00 7036.53515 UFHEIL, WILLIAM ACCESS CARD REFUND 25.00 7036.53515 PICKERING, PAUL ACCESS CARD REFUND 25.00 7036.53515 BOLDT, EUGENE ACCESS CARD REFUND 25.00 7036.53515 LASSMAN, WILLIAM ACCESS CARD REFUND 25.00 7036.53515 VANEGAS, SANDRA ACCESS CARD REFUND 25.00 7036.53515 TERESE, ADAM ACCESS CARD REFUND 25.00 7036.53515 WOLF, ISABEL ACCESS CARD REFUND 25.00 7036.53515 WHITFIELD, CHRISTOPHER ACCESS CARD REFUND 25.00 7036.53515 D'AGOSTINO, ANGELA M.ACCESS CARD DEPOSIT 25.00 7036.53500 COOK COUNTY COLLECTOR PARKING TAX AUG. 2011 4,164.25 7036.62509 REVCON TECHNOLOGIES, INC.REVCON MAINTENANCE AGREEMEN 5,982.50 7036.62509 REVCON TECHNOLOGIES, INC.REVCON MAINTENANCE AGREEMEN 7,510.00 7036.53515 EVMARK ACCESS CARD REFUND 25.00 7036.53515 TOTTINGHAM, NICOLE ACCESS CARD REFUND 25.00 7036.53515 LEVIN, LAWRENCE E.ACCESS CARD REFUND 25.00 7036.53515 PENG, HENRY ACCESS CARD REFUND 25.00 7036.53515 RIEDER, ANITA ACCESS CARD REFUND 25.00 7036.53515 VISCARRA, ADRIANA ACCESS CARD REFUND 25.00 7036.53515 KHAN, FARRUKH ACCESS CARD REFUND 25.00 7036.53515 SHNAYDERSHTEYN, MILANA ACCESS CARD REFUND 25.00 7036.53515 SHIELDS, CHRISTOPHER ACCESS CARD DEPOSIT REFUND 25.00 7036.53515 TRAN, BRADLEY ACCESS CARD REFUND 25.00 7036.53515 KUSHNIR-GROMAN, TAMARA ACCESS CARD REFUND 25.00 7036.53515 MILESKI, BRITTANY ACCESS CARD REFUND 25.00 7036.53515 DAM, CHRISTA ACCESS CARD REFUND 25.00 7036.53515 WEINBERGER, ADAM ACCESS CARD REFUND 25.00 7036.53515 LINVILLE, WILLIAM ACCESS CARD REFUND 25.00 7036.53515 BRODERICK, KENDAL ACCESS CARD REFUND 25.00 7036.53515 LEVIN, FRANCINE ACCESS CARD REFUND 25.00 7036.53515 ORTNER, DAVID M.ACESS CARD REFUND 25.00 Page 108 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7036.53515 TAN, LOUIS ACCESS CARD REFUND 25.00 7036.53515 STAACKMANN, JANET ACCESS CARD REFUND 25.00 7036.53515 ACHESON, JERRY ACCESS CARD REFUND 25.00 20,627.34 7037 MAPLE GARAGE 7037.64505 CALL ONE COMMUNICATION CHARGES 1,194.51 7037.53515 GUDI, RADHIKA ACCESS CARD REFUND 25.00 7037.53515 DESLAUNERS, JOY ACCESS CARD REFUND 25.00 7037.53515 KAULOCK, CHARLES ACCESS CARD REFUND 25.00 7037.53515 HERNANDEZ, YOON ACCESS CARD REFUND 25.00 7037.53515 OUCHI, TORU ACCESS CARD REFUND 25.00 7037.53515 CHUNG, TERESA ACCESS CARD REFUND 25.00 7037.53515 GITS, JENNIFER ACCESS CARD REFUND 25.00 7037.53515 SHIAO, JAY ACCESS CARD REFUND 25.00 7037.53515 NELSON, ELENA ACCESS CARD REFUND 25.00 7037.53515 GOLECKLER, LARRY ACCESS CARD REFUND 25.00 7037.53515 SIMONSON, CHRIS ACCESS CARD REFUND 25.00 7037.53515 YUNGMANN, CHRISTOPHER ACCESS CARD REFUND 25.00 7037.53500 COOK COUNTY COLLECTOR PARKING TAX AUG. 2011 2,918.00 7037.53515 MANIBOG, YANN ACCESS CARD REFUND 25.00 7037.53515 CHEN, VINCENT ACCESS CARD REFUND 25.00 7037.64015 NICOR 0632 INVOICE AUG 2011 170.48 7037.53515 DOLINSKAYA, IRINA ACCESS CARD REFUND 25.00 7037.53515 MCCLELLAND, JOSEPH ACCESS CARD REFUND 25.00 7037.53515 YOUNG, WILLIAM ACCESS CARD REFUND 25.00 7037.53515 TALISCHI, FARNAK ACCESS CARD REFUND 25.00 7037.53515 CHOI, YUN SEUNG ACCESS CARD REFUND 25.00 7037.53515 ANDONI, NABIL ACCESS CARD REFUND 25.00 7037.53515 MOON, HWARANG ACCESS CARD REFUND 50.00 7037.53515 NASCI, ELIZABETH ACCESS CARD REFUND 25.00 7037.53515 FRANCO, RICHARD ACCESS CARD REFUND 25.00 7037.53515 NGUYEN, MINH ACCESS CARD REFUND 25.00 7037.53515 MOY, JACKIE ACCESS CARD REFUND 25.00 4,932.99 43,743.59 00510 WATER FUND 510 WATER FUND 510.22700 EVANSTON HOUSING CORP OVERPAYMENT WATER ACCOUNT 6,375.00 510.22700 LITTLE, GARY & MARIA REFUND OVERPAYMENT WATER 136.02 510.22700 STELZER, SCOTT REFUND OVERPAYMENT WATER 147.59 510.22700 ACCARINO, ROBERT REFUND OVERPAYMENT WATER 78.81 510.22700 OLSEN, ELIZABETH REFUND OVERPAYMENT WATER 94.54 510.22700 WELCOME, RICHARD & MARCIA REFUND OVERPAYMENT WATER 139.98 510.22700 AMBROGIO WACHOWSKI ENTERPRISE REFUND OVERPAYMENT WATER 83.15 510.22700 LPS FIELD SERVICES REFUND OVERPAYMENT WATER 38.00 510.22700 DIXON, RALPH REFUND OVERPAYMENT WATER 49.24 510.22700 GULI, JOE REFUND OVERPAYMENT WATER 75.59 510.22700 FITZGERALD, PATRICK & ANASTASI REFUND OVERPAYMENT WATER 196.54 510.22700 DEVINE, BETH REFUND OVERPAYMENT WATER 120.71 Page 109 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 510.22700 TURK, STEPHEN & ELIZABETH REFUND OVERPAYMENT WATER 114.86 510.22700 EVANSTON BOND AND MORTGAGE REFUND OVERPAYMENT WATER 42.20 510.22700 MARLATTE, TRAVIS REFUND OVERPAYMENT WATER 52.29 510.22700 AT PROPERTIES REFUND OVERPAYMENT WATER 35.88 510.22700 HURWITZ, MR REFUND WATER OVERPAYMNT 73.20 7,853.60 7100 WATER GENERAL SUPPORT 7100.64540 NEXTEL WIRELESS SERVICE 205.90 7100.65095 OFFICE DEPOT OFFICE SUPPLIES FOR FY 2011 74.38 7100.65095 OFFICE DEPOT OFFICE SUPPLIES FOR FY 2011 22.72 7100.65095 OFFICE DEPOT OFFICE SUPPLIES FOR FY 2011 102.17 7100.62210 MUMM PRINT SHOP BUSINESS CARDS UTILITIES 76.00 7100.65040 LAPORT INC Janitorial Supplies 7100.65040 253.29 7100.56145 MCGAW YMCA FIRE HYDRANT DEPOSIT REFUND 300.00 7100.56140 ILLINOIS DEPT OF REVENUE SALES TAX AUG. 2011 140.00 7100.62315 FEDERAL EXPRESS CORP.SHIPPING 27.72 7100.53575 FEDERAL EXPRESS CORP.SHIPPING 98.40 1,300.58 7105 PUMPING 7105.64005 MID AMERICAN ENERGY COMPANY MONTHLY CHARGES 950.04 7105.64505 CALL ONE COMMUNICTION CHARGES 128.56 7105.64005 EXELON ENERGY COMPANY MONTHLY CHARGES 102,897.28 7105.64540 NEXTEL WIRELESS SERVICE 162.24 104,138.12 7110 FILTRATION 7110.65015 ALEXANDER CHEMICAL CORPORATION HYDROFLUORSILIC ACID 15,809.80 7110.65015 ALEXANDER CHEMICAL CORPORATION HYDROFLUORSILIC ACID 14,535.70 7110.65070 OAK SERVICES COMPANY CONDENSATE PUMP PARTS 152.50 7110.64540 NEXTEL WIRELESS SERVICE 162.24 7110.65015 JCI JONES CHEMICALS INC LIQUID CHLORINE -TON CONTAINER 2,940.00 7110.65015 JCI JONES CHEMICALS INC LIQUID CHLORINE -TON CONTAINER 2,940.00 7110.62465 UNDERWRITERS LABORATORIES INC. 2011 Laboratory Testing 10.00 36,550.24 7115 DISTRIBUTION 7115.64540 NEXTEL WIRELESS SERVICE 400.72 400.72 7120 WATER METER MAINTENANCE 7120.62245 M.E. SIMPSON COMPANY INC 24" Mag Meter Test Hi/Lo 600.00 7120.65070 BADGER METER, INC.WATER METER & METER READING 1,210.00 7120.64540 NEXTEL WIRELESS SERVICE 85.62 7120.62245 M.E. SIMPSON COMPANY INC 36" Venturi Meter Test Hi/Lo 425.00 7120.65070 BADGER METER, INC.WATER METER & METER READING 319.00 7120.62245 M.E. SIMPSON COMPANY INC 8" Turbine Meter Test 325.00 7120.62245 M.E. SIMPSON COMPANY INC 12" Turbine Meter Test 325.00 3,289.62 153,532.88 00513 WATER-DEPR, IMPROV & EXTENSION Page 110 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 733048 FILTER REHAB ( #19-#24) 733048.65515 KENO & SONS, CONSTRUCTION 1964 Filter Addition Rehab 46,975.50 46,975.50 733086 2008 WATER MAIN INSTALLATION 733086.65515 A LAMP CONCRETE CONTRACTORS, I 2011 WATER MAIN & CIP PROJECT 600,000.00 600,000.00 733113 PUMP. STATON SWITCHGEAR REPAIR 733113.62145 CAMP DRESSER & MCKEE INC.ENGINEERING SERVICES FOR 27,720.50 27,720.50 674,696.00 00515 SEWER FUND 7400 SEWER MAINTENANCE 7400.62415 KLF TRUCKING 2011 DEBRIS HAULING & DISPOSAL 2,370.50 7400.64540 NEXTEL WIRELESS SERVICE 232.30 7400.62460 THIRD MILLENNIUM ASSOC REGULAR, PAST DUE & SHUT OFF 501.09 3,103.89 7420 SEWER IMPROVEMENTS 7420.65515 A LAMP CONCRETE CONTRACTORS, I 2011 WATER MAIN & CIP PROJECT 170.00 170.00 3,273.89 00520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 7685.62415 GROOT RECYCLING & WASTE SERVIC RESIDENTIAL REFUSE -MARCH 128,646.00 7685.62405 WELLS FARGO BANK- SWANCC SWANCC OPERATIONS & MAINT.75,358.79 7685.56155 ILLINOIS DEPT OF REVENUE SALES TAX AUG. 2011 278.00 7685.62390 LAKESHORE WASTE SERVICES, LLC CONDO REFUSE COLLECTION FOR 30,250.00 7685.62210 QUARTET COPIES COMPOST MANUALS 281.00 7685.68310 WELLS FARGO BANK- SWANCC SWANCC CAPITAL COSTS 7,283.06 242,096.85 7690 RESIDENTIAL RECYCLING COL 7690.62415 WELLS FARGO BANK- SWANCC RECYCLING TRANSFER FEES 10,580.03 7690.62415 GROOT RECYCLING & WASTE SERVIC YARD WASTE CONTRACT CHANGE 61,620.00 72,200.03 314,296.88 00600 FLEET SERVICES 7705 GENERAL SUPPORT 7705.64540 NEXTEL WIRELESS SERVICE 107.82 7705.64505 CALL ONE COMMUNICTION CHARGES 199.36 307.18 7710 MAJOR MAINTENANCE 7710.65060 FULL THROTTLE MARINE, INC.REPLACE STARTER 1,033.13 7710.65060 GOLF MILL FORD A/C PARTS 299.51 7710.65060 GOLF MILL FORD FUEL LINES 600.85 7710.65060 GOLF MILL FORD WATER PUMP 96.17 7710.65060 GOLF MILL FORD GASKET 7.10 7710.65060 GOLF MILL FORD MISC. FILTERS 443.08 Page 111 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 GOLF MILL FORD HOSE ASYMB.60.72 7710.65060 GOLF MILL FORD OUTSIDE REPAIR 3,281.41 7710.65060 GOLF MILL FORD RETAINER RETURN 45.08- 7710.65060 GOLF MILL FORD CORE RETURN 40.00- 7710.65060 GOLF MILL FORD SEAL ASYMB. RETURN 47.83- 7710.65060 GOLF MILL FORD SWITCH RETURN 44.05- 7710.65060 GROVER WELDING COMPANY WELD REPAIR 522.90 7710.65060 GROVER WELDING COMPANY WELD REPAIR 775.20 7710.65060 HAVEY COMMUNICATIONS INC.STROBE BULB S/ WIRIING PIGTAIL 213.90 7710.65060 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTING REPAIR 347.80 7710.65060 HAVEY COMMUNICATIONS INC.CABLE FOR SQUAD CAR COMPUTERS 81.90 7710.65060 INTERSTATE BATTERY OF NORTHERN BATTERY 85.95 7710.65060 INTERSTATE BATTERY OF NORTHERN BATTERY 394.00 7710.65060 KELLER HEARTT CO, INC.HXD OIL BULK 1,368.80 7710.65060 LAKE/COOK C.V. JOINTS INC SHAFT REPAIR 451.00 7710.65060 LAWSON PRODUCTS, INC.MISC. HARDWARE 94.14 7710.65060 MIDWEST FUEL INJECTION SERVICE MAIN HP FUEL 1,226.61 7710.65060 NAPLETON'S NORTHWESTERN -CHRYS OUTSIDE REPAIR 102.00 7710.65060 NORTH SHORE TOWING TOW & HOOK MEDIUM DUTY 290.00 7710.65060 NORTH SHORE TOWING TOW & HOOK HEAVY DUTY 600.00 7710.65060 NORTH SHORE TOWING TOW & HOOK HEAVY DUTY 900.00 7710.65060 ORLANDO AUTO TOP SEAT REPAIRS 350.00 7710.65065 POMP'S TIRE SERVICE, INC.TIRE REPAIRS 754.00 7710.65065 POMP'S TIRE SERVICE, INC.TIRE REPAIRS 654.80 7710.65065 POMP'S TIRE SERVICE, INC.TIRE REPAIRS 525.10 7710.65060 POWER WASHING PROS.TRUCK WASHES 522.00 7710.65060 R.N.O.W., INC.OUTSIDE REPAIR 3,427.07 7710.65060 SIGLER'S AUTOMOTIVE & BODY SHO AUTO PARTS 1,280.80 7710.65060 SIGLER'S AUTOMOTIVE & BODY SHO AUTO PARTS 652.00 7710.65060 SIGLER'S AUTOMOTIVE & BODY SHO OUTSIDE REPAIR 262.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 353.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 144.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 124.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 128.00 7710.65060 SPEX HAND WASH - 1235 DODGE WASHES 128.00 7710.65060 STANDARD EQUIPMENT COMPANY STEERING REPAIRS 803.24 7710.65060 STANDARD EQUIPMENT COMPANY CAMERA PARTS 104.40 7710.65060 STANDARD EQUIPMENT COMPANY STREET SWEEPER BROOMS~20 2,779.40 7710.62240 STANDARD INDUSTRIAL & AUTOMOTI WASHER SYSTEM REPAIRS 260.00 7710.65060 SUBURBAN ACCENTS, INC.GRAPHICS/LETTERING FIRE DEPT.625.00 7710.65060 SUNNYSIDE PARTS WAREHOUSE MODULE RETURN 125.00- 7710.65060 SUNNYSIDE PARTS WAREHOUSE PUMP RETURN 113.61- 7710.65060 SUNNYSIDE PARTS WAREHOUSE JOINT / TIE ROD 244.72 7710.65060 SUNNYSIDE PARTS WAREHOUSE SENSOR 29.58 7710.65060 SUNNYSIDE PARTS WAREHOUSE PUMP 113.61 7710.65060 SUNNYSIDE PARTS WAREHOUSE PULLEY 156.77 7710.65060 SUNNYSIDE PARTS WAREHOUSE ECM MODULE 544.00 7710.65060 SUNNYSIDE PARTS WAREHOUSE PUMP 238.84 7710.65060 SUNNYSIDE PARTS WAREHOUSE BRAKE PADS & FILTERS 1,041.24 7710.65060 WENTWORTH TIRE SERVICE TIRE REPAIRS 428.35 Page 112 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 WHOLESALE DIRECT INC REPLACE STRB. TUBE 71.20 7710.65035 WORLD FUEL SERVICES, INC./TEXO UNLEADED GAS 24,941.98 7710.65035 WORLD FUEL SERVICES, INC./TEXO ULTRA LOW DIESEL 24,509.10 7710.65035 WORLD FUEL SERVICES, INC./TEXO BIODIESEL 27,747.30 7710.65060 ZEIGLER CHEVROLET-SCHAUMBURG L FUEL PUMP 111.26 7710.65010 MUMM PRINT SHOP Business Cards 19.00 7710.65060 FULL THROTTLE MARINE, INC.REPAIR TRIM/PORT WINDSHIELD 2,798.58 7710.65060 FULL THROTTLE MARINE, INC.REPAIR WIRING/IGNITION 1,620.98 7710.65060 1ST AYD CORP.BRAKE PARTS 223.39 7710.65060 A & A TRANSMISSION CORP.OUTSIDE REPAIR 2,601.75 7710.65060 A & A TRANSMISSION CORP.OUTSIDE REPAIR 273.05 7710.65060 AETNA TRUCK PARTS, INC.OIL FILTERS 632.40 7710.65060 AETNA TRUCK PARTS, INC.FUEL FILTERS 178.36 7710.65060 AETNA TRUCK PARTS, INC.LED SIGNAL STAT 75.69 7710.65060 AETNA TRUCK PARTS, INC.HI-POWER BELT 65.36 7710.65060 AETNA TRUCK PARTS, INC.RELAY 170.90 7710.65060 AETNA TRUCK PARTS, INC.BRAKE JOB 1,103.56 7710.65060 AETNA TRUCK PARTS, INC.BRAKE JOB 325.67 7710.65060 AETNA TRUCK PARTS, INC.LIGHTING PARTS 199.54 7710.65060 AETNA TRUCK PARTS, INC.ALARM SWITCH 270.99 7710.65060 BILL'S AUTO & TRUCK REPAIR MIRROR REPAIR 59.73 7710.65060 BUCK BROTHERS, INC.FILTER/PARTS 60.00 7710.65060 CARQUEST EVANSTON BRAKE ROTOR 76.33 7710.65060 CARQUEST EVANSTON MOTOR TUNE-UP 41.94 7710.65060 CARQUEST EVANSTON GASKET 1.10 7710.65060 CARQUEST EVANSTON SEAT BELT STOP KIT 19.47 7710.65060 CARQUEST EVANSTON SEAT BELT STOP KIT 64.90 7710.65060 CARQUEST EVANSTON TRACTOR LAMP 93.60 7710.65060 CARQUEST EVANSTON ELECTRICAL 18.64 7710.65060 CARQUEST EVANSTON BAND CLAMP 12.94 7710.65060 CARQUEST EVANSTON 3-WIRE MALE PIGTAIL 33.36 7710.65060 CHICAGO HARLEY-DAVIDSON OUTSIDE REPAIR 314.70 7710.65060 CHICAGO HARLEY-DAVIDSON OUTSIDE REPAIR 325.26 7710.65060 CHICAGO HARLEY-DAVIDSON OUTSIDE REPAIR 307.66 7710.65060 CHICAGO HARLEY-DAVIDSON OUTSIDE REPAIR 307.66 7710.65060 CHICAGO HARLEY-DAVIDSON OUTSIDE REPAIR 307.66 7710.65060 CHICAGO HARLEY-DAVIDSON OIL CHANGE-LEASED CYCLE 307.66 7710.65060 CHICAGO INTERNATIONAL TRUCKS, INJECTION PRESSURE REGULATOR 339.90 7710.65060 CHICAGO INTERNATIONAL TRUCKS, FUEL PRIMER 103.02 7710.65060 CHICAGO INTERNATIONAL TRUCKS, TRANS GASKET 45.83 7710.65060 CHICAGO INTERNATIONAL TRUCKS, BLOWER 177.18 7710.65060 CHICAGO INTERNATIONAL TRUCKS, SENSOR 135.47 7710.65060 CHICAGO INTERNATIONAL TRUCKS, BRACKET/KIT/VALVE 175.21 7710.65060 CHICAGO INTERNATIONAL TRUCKS, FUEL KIT 15.38 7710.65060 CHICAGO INTERNATIONAL TRUCKS, FUEL RESERVOIR 70.45 7710.65060 CHICAGO INTERNATIONAL TRUCKS, STARTER MOTOR 325.64 7710.65060 CHICAGO INTERNATIONAL TRUCKS, FUEL/WATER DRAIN VALVE 33.82 7710.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 167.33 7710.62355 CINTAS #22 UNIFORM SERVICE 146.96 7710.62355 CINTAS #22 UNIFORM SERVICE 108.46 Page 113 of 563 CITY OF EVANSTON, ILR5504003B BILLS LIST 09/27/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.62355 CINTAS #769 MAT SERVICE 123.73 7710.62355 CINTAS #769 MAT SERVICE 123.73 7710.65060 CITY WELDING SALES & SERVICE I PROPANE, LIQUIFIED 62.40 7710.65060 CITY WELDING SALES & SERVICE I ACETYLENE WELDING 81.48 7710.65060 COUNTRY GAS CO.CYLNDER RENTAL 29.95 7710.65060 CUMBERLAND SERVICENTER SENSOR/ COOLANT 28.42 7710.65060 CUMMINS N POWER, LLC.OUTSIDE REPAIR 3,319.54 7710.65060 CUMMINS N POWER, LLC.OUTSIDE REPAIR 1,378.32 7710.65060 DOUGLAS TRUCK PARTS TOUCHMASTER CONTROL REBUILD 156.00 7710.65060 DOUGLAS TRUCK PARTS HITCH PIN 93.60 7710.65060 EQUIPMENT DEPOT LIFT TRUCK SERVICE 104.01 7710.65060 EVANSTON CAR WASH & DETAIL CEN CAR WASHES 40.96 7710.65060 FREEWAY FORD TRUCK SALES OUTSIDE REPAIR 3,321.64 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC DOOR LIGHT 84.14 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC DISPLAY, COLOR HED 2,839.95 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC FLOOD LIGHT BULB 66.42 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC REGULATOR ELECTRIC 405.81 7710.65060 GOLF MILL FORD PARTS-BRAKES 790.74 7710.65060 GOLF MILL FORD WINDOW SWITCH 44.05 7710.65060 GOLF MILL FORD GASKET KIT 73.81 7710.65060 GOLF MILL FORD SEAL ASYMB.23.09 7710.65060 GOLF MILL FORD WINDOW SWITCH 53.48 134,917.11 135,224.29 00700 FIREFIGHTERS PENSION FUND 8000 FIREFIGHTERS' PENSION 8000.61755 TEPFER CONSULTING GROUP LTD *ACTUARIAL VALUATION 2011-12 5,000.00 5,000.00 5,000.00 00705 POLICE PENSION FUND 8100 POLICEMEN'S PENSION 8100.61755 MIDWEST MEDICAL RECORDS ASSN. *MEDICAL RECORDS 78.38 8100.61755 OTTOSEN BRITZ KELLY COOPER AND *LEGAL SERVICES 6,083.02 8100.61755 SCHOOLMASTER, TIMOTHY L *MEAL REIMB. HEARING 68.86 8100.61755 TEPFER CONSULTING GROUP LTD *ACTUARIAL VALUATION 2011-12 5,000.00 8100.61755 OTTOSEN BRITZ KELLY COOPER AND *LEGAL SERVICES 2,369.93 13,600.19 13,600.19 3,645,754.35 Page 114 of 563 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT Supplemental Bills List Attachment General 1910.62655 Secap Secap Lease Monthly 255.05 3205.62695 Best Taxi Taxi Cab Coupons payment 3,774.00 3205.62695 Norshore Cab Taxi Cab Coupons payment 6,576.00 10,605.05 Insurance Various Various Casualty Loss 38,854.91 Various Various Casualty Loss 4,130.07 Various Various Worker's Comp 20,233.02 Various Various Worker's Comp 38,790.44 102,008.44 NSP2 Various Brinshore Development LLC NSP2 Real Estate Activities 196,011.27 196,011.27 Sewer 7555.68305 IEPA Loan Disbursement Sewer Imp 171,173.91 171,173.91 479,798.67 Grand Total 4,125,553.02 Prepared by Date Approved by Date CITY OF EVANSTON BILLS LIST PERIOD ENDING 09/27/2011 Page 115 of 563 For City Council meeting of September 26, 2011 Item A3 Business of the City by Motion: Davit-Arm Luminaire Upgrade For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Paul Schneider, P.E., City Engineer Rajeev Dahal, Senior Traffic Engineer Subject: Sole Source purchase of Davit Arm Street Light Replacement Fixtures for the Davit Arm Luminaire upgrade project. Date: September 19, 2011 Recommended Action: Staff recommends that the City Council authorize the City Manager to execute a sole source contract with American Induction Technologies (AITI) (1620 S. Sunkist St. Anaheim, CA 92806) in the the amount of $128,000.00 to purchase two hundred (200) replacement street light fixtures for the following areas: West Evanston TIF District; Church Street from McDaniel Avenue to Darrow Avenue; and Chicago Avenue from Howard Street to Sheridan Road. Funding Source: The majority of the funding for this work will come from the Capital Improvement Fund “Streetlight Upgrade Program – Luminaire Replacement” (415868) in the amount of $80,640. Additional funding will be provided by the Economic Development Fund (5300.65522) in the amount of $10,240 and the West Evanston TIF Fund (5870.62605) in the amount of $37,120. Summary: In 2009, a working group consisting of the City Engineer, Traffic Operations Manager, and the Sustainability Coordinator, interviewed seven lighting distributors. Replacement luminaires were evaluated based on energy efficiency, unit cost, warranty, and aesthetics. These units will achieve an estimated energy savings of 50%-60% over the existing mercury vapor units. In addition they will have a longer operating lifetime, saving replacement and maintenance cost. Four units were selected for field testing. Based on the pilot field testing, considering the initial capital cost and overall payback, the working group concluded that the American Induction Technologies (200 watt Induction Fixture) provides the best combination of value and performance. The findings were presented at the October 28, 2009 Transportation and Parking Memorandum Page 116 of 563 Page 2 of 2 Committee. The Committee voted unanimously to move forward with the procurement process for the American Induction Technologies Model #LC-S106WR-200W Induction fixtures. With the September 27, 2010 award of the Energy contract, the City Council established the AIT Model #LC-S106WR-200W Induction fixture as the standard Davit Arm fixture throughout the City of Evanston. The two hundred (200) replacement street light fixtures will be installed by City of Evanston electricians on various streets as specified above. Attachments: Location Map AITI Lighting quotation Page 117 of 563 1620 S Sunkist St Anaheim, CA. 92806 P: 866-611-2484 P: 714-456-1122 F: 866-611-2485 QUOTATION September 21, 2011 This Quotation has been specifically prepared for: Ship To: Paul Schneider Same CITY OF EVANSTON 2100 Ridge Ave Evanston, IL 60201 847-448-8291 pschneider@cityofevanston.org Delivery: 10 Weeks or sooner Shipping: FOB CA To be Added Freight allowed $15,000 Terms TBD 50%dep may be required Quantity Item No. Description Unit $ Total $ 200 LC-S106-WR-200-240 200/240 cobrahead $640 $128,000 Bronze Sealed photocell receptacle Drop lens 50% deposit required Balance N30 On approved credit Freight allowed NOTE: VOLTAGE MUST BE DESIGNATED AT TIME OF ORDER QUOTE VALID FOR 30 DAYS Rep: Quoted By: Karen Lyles 9.14.11 Sub-Tot. $128,000 Sales Tax Freight N/A Total $128,000 Page 118 of 563 NORTH SHORE CHANNELNORTH SHORE CHANNELL A K E M I C H I G A N1200 1800 29002300200019001600400100 200 800 900 1000 1700 2100 2700 2800 500 2100 2700 340030002200160015001000500300300 1100 1200 1300 1800 1900 2300 2900 900 28002500270025007006005002400 1400 1500 1900 2200 2300 2600 350026002400180017001500120011001000800600 2500 2600 300 400 600 800 700 2800 3600230020002200130012001100700200400 1600 200 1000 380033001700900900200500 2000 1300 1600 2500 2400 370026002400210019001400100300100700 1400 1500 2200 100 1100 1700 2000 320031002100180013001400800600400JENKS ST HAVEN ST PAYNE ST LEON PL P O P L A R A V E GREY AVEHARRISON ST PR A I R I E A V E REBA PL COLFAX ST SH E R IDAN RD PARK PL ASHLAND AVEDODGE AVEHURD AVEGIRARD AVELEE STOAK AVE SHERIDAN PL RIDGE CTMcCORMICK BLVDG R E E N B A Y R D THAYER ST PRATT CTGRANT PITNER ALYLAUREL AVEHINMAN AVEDEWEY AVEEWING AVECENTRAL ST CALLAN AVERIDGE TER HULL TER HOWARD STCOWPER AVEKIRK STHOVLAND CTJUDSON AVEGARRETT PLARBORLN FOREST AVEINGLESIDE PK GREY AVEST. MARK'S CTEMERSON ST SHERMAN AVEWILDER ST GARRISON AVECAMPUS DRMILBURN PK THELIN CT FOREST PLASBURY AVEMICHIGAN AVEWESLEY AVELELAND AVELEMAR AVEMARCY AVEDAVIS S T MAPLE AVEHARTZELL ST LIBRARY PL SIMPSON ST CLYDE AVEBROWN AVEGREELEYELMWOOD AVESEWARD ST ROSL YN PL GREY AVEFLORENCE AVEHOWARD ST ISABELLA ST GROSS POINT RDCUSTER AVELYONS ST FOWLER AVECLARK S T DARROW AVEPIONEER RDHASTINGS AVEHARTREY AVEEMERSON ST BRUMMEL STPRINCETON AVEPROSPECT AVEHAMLIN ST PAYNE ELM AVECASE PLRIDGEWAY AVEMULFORD ST MICHIGAN AVELAWNDALE AVECHURCH S T CRAIN ST DEMPSTER STJACKSON AVEKEDZIE ST CLINTON PL McDANIEL AVEBRI D G E ST CALVIN CIR BROWN AVENORMANDY PL WOODLAND RD ELINOR PL WARREN STLIVINGSTON WASHINGTON ST NATHANIEL PL OAKKEENEY ST SOUTH BLVD HAMILTON ST E A S T R A I L R O A D A V E GREENWOOD ST UNIVERSITY PLREESE AVEBRUMMEL PL GAFFIELD PLLINCOLNWOOD DRCRAWFORD AVELEONARD PLCENTRAL PARK AVEBENNETT AVEMADISON PL BRADLEY PL GREENLEAF STWALNUT AVEROSALIE ST BURNHAM PLBENSON AVESHERMAN PL CULVER FORESTVIEW RDMARTHA LNHAWTHORNE LN WADE CT BROWN AVECROFT LNBROWNGREYCENTRAL ST RIDGE AVECHANCELLOR ST PAYNE ST WESLEY AVEDODGE AVEHARVARD TER MAPLE AVEDOBSON STDEWEY AVEDARROW AVEDEWEY AVEINGLESIDE PL RIDGE AVEASBURY AVEFOWLER AVEBROADWAY AVEHARTREY AVECASE ST SOUTH BLVD ASHLAND AVESHERMAN AVELYONS ST STE W A R T A V EMARCY AVEWELLINGTON CTCLEVELAND ST MONROE ST LINDEN PL LAKE SHORE BLVDKNOX CIRHILLSIDE LN TRINITY CT SHERIDAN SQEDGEMERE CTG R E E N B A Y R D GARNETT PL ASHLAND AVEGROVE ST FOSTER ST ASBURY AVEBARTON AVEEUCLIDPARK PL WESLEYCLARK ST LIVINGSTON ST COLFAX TER HARRISON GRANT ST BRYANT AVEJUDSON AVESHERMAN AVECOLFAX ST ISABELLA ST DAVIS ST MAIN ST RIDGE AVEASBURY AVET H A Y E R C T THAYER ST ISABELLA ST HAYES DARTMOUTH PL COLFAX PL THAYERTHAYERSTCRAWFORD LINCOLNWOOD DRMILBURN ST LAKESIDE CT CHURCH ST HARTZELL ST P R A I R I E A V E DODGE AVEOAKTON ST SOUTH BLVD CRAINMcDANIEL AVEPITNER AVELEE ST NOYES ST LAKE ST THAYER ST WASHINGTON ST LAKE ST LIVINGSTONCHANCELLOR LYONS ST DEWEY AVEPAYNE ST MAIN STDODGE AVECENTRAL ST McDANIEL AVEEWING AVESHERIDAN RDBRUMMEL ST WASHINGTON ST PITNER AVELINCOLN ST HINMAN AVE SEWARD ST WESLEY AVECENTRAL ST KEENEY ST RIDGE AVEOAK AVEJACKSONSHERMAN AVEDOBSON ST LINCOLN ST SEWARD STDARROW AVEGREY AVEPARK PL ORRINGTON AVEELGI N R D ELMWOOD AVECOLFAX ST HINMAN AVEGROVE S T ELG I N R D FLORENCE AVEFOREST AVEFOSTER STSIMPSON ST WESLEY AVEOAKTON ST SHERIDAN RD SHERIDAN RD DEMPSTER ST GREY AVELEE ST SIMPSON ST CHICAGO AVECHICAGO AVEBENNETT AVEMADISON ST KEENEY STRIDGE AVESHERIDAN RDMONTICELLO PL RICHMOND AVEGRANT ST ASBURY AVEMcDANIEL AVEAUSTIN STASHLAND AVEWESLEY AVEGLENVIEW RD NOYES CTHAMPTON PKYOTTO LNBERNARD PLMEADOW-LARK LNRIDGE AVEMULFORD ST GREENLEAF ST HILLSIDE RD CLEVELAND ST BROWN AVEHARTREY AVEHARTREY AVEGREY AVEARNOLD PLPITNER AVELINCOLN ST McCORMICK BLVDFOSTER STGREENWOOD ST CALLANPARK PL JUDSON AVE NOYES ST DARROW AVEASHLAND AVEHARRISON ST EASTWOOD AVEARTSCIRCLE DR NOYES WOODBINE AVEPRINCETONCLIFFORD ST HIGHLAND AVELAWNDALE AVETECH DR DARTMOUTH PL Davit Arm Fixture Induction Lighting Upgrades 9/15/2011 This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. DaviArmByFunding.mxd City of Evanston Department of Public Works Projects by Funding Source Economic Development Funds West Evanston TIF CIP Luminaire Replacement Main Road Local Street Railroad Water City Boundary 0 0.5 10.25 Mile Page 119 of 563 For City Council meeting of September 26, 2011 Item A4 Business of the City by Motion: Change Order for 50/50 Sidewalk & Curb Program For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Paul Schneider, P.E., City Engineer Sat Nagar, P.E., Senior Engineer, Division of Transportation Subject: Approval of Change Order # 1 to the 2011 50/50 Sidewalk & Curb Replacement Program Date: September 15, 2011 Recommended Action: Staff recommends that the City Council authorize the City Manager to approve Change Order # 1 to the 2011 50/50 Sidewalk & Curb Replacement Contract (Bid #12-25) to the lowest responsive and responsible bidder, Schroeder & Schroeder Inc., 7307 Central Park Avenue, Skokie, IL 60076 in the amount of $32,750. The change order will allow an additional forty two home owners to participate in this year’s 50/50 Sidewalk and Curb Replacement Program. Funding Source: Funding for this work will be from the Special Assessment Fund $200,000 (6365.65515) and the Resident’s Share. The City has collected $39,000 from home owners in the first phase of the program and we expect to collect an additional $43,000 in phase II of this program. Summary: The 50/50 Sidewalk & Curb Replacement Program is a long-standing City program administered annually by the Division of Transportation to provide for the replacement of deteriorated sidewalk sections and/or curbing as requested by property owners. Under the program, property owners pay just 50% of the cost for replacing sidewalks and/or curbing along the frontage of their house. They also receive a very competitive price for the work, given the magnitude of the sidewalk program and competition for the City wide contract. While the project is generally bid and awarded in early summer based on projected quantities of sidewalk items, the actual quantity is not know until early September when the City stops taking resident requests for participation in the program. Memorandum Page 120 of 563 Page 2 of 2 Schroeder & Schroeder Inc. was selected in a competitive bidding process earlier this year to be the contractor to complete the City’s 2011 50/50 sidewalk & curb program. The quantities in this program are driven by citizen requests. Through the first week of September, this year’s requests total $218,000, which is $32,750 in excess of the projected demand reflected in the original contract amount of $185,250 approved by the City Council. This list also includes sidewalk locations that have been identified by PRCS & citizens for tree root damage. There is sufficient funding in the 50/50 Sidewalk & Curb Replacement Program to cover the cost of this change order. Schroeder & Schroeder Inc. has worked with the City before and has completed projects on time and within budget. The table below indicates the cost distribution for the City & Resident’s portion of the 50/50 sidewalk & curb replacement program. 2011 50/50 SIDEWALK AND CURB REPLACEMENT PROGRAM COST: TOTAL 50/50 RESIDENT 50/50 CITY TREE ROOT DAMAGED SIDEWALK/ PRCS PHASE 1: $117,090 $38,815 $32,832 $45,443 PHASE 2 - ESTIMATE: $100,910 $42,561 $38,981 $19,368 TOTALS: $218,000 $81,376 $71,813 $64,811 Schroeder & Schroeder Inc. has worked with the City before on similar projects and completed work on time and within budget. Attachments: Change Order Form Page 121 of 563 City of Evanston Publics Works Department Division of Transportation 2011 50/50 Sidewalk & Curb Replacement Program Change Order #1 (Contract Amendment) Contractor:Schroeder & Schroeder Inc. Contract: Original Approval:July 11, 2011 Original Contract Amount: $185,250.00 Proposed Change Order #1: $32,750.00 Revised Contract Amount: $218,000.00 Project Schedule: Start Date: August 15, 2011 Completion Date: October 30, 2011 Approvals: For the Contractor:For the City: ____________________________________________________________ Signature Signature _______________________________City Manager___________________ Title Title Date: _________________________Date: _________________________ 2011 50/50 Sidewalk & Curb Replacement Program Page 122 of 563 For City Council meeting of September 26, 2011 Item A5 Business by Motion: FY2010-11 Audited Annual Financial Report Accept and Place on File To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Marty Lyons, Treasurer Hitesh Desai, Accounting Manager Subject: 2010-11 Audited Annual Financial Report Date: September 5, 2011 Recommended Action: Staff recommends that the FY2010-11 Audited Annual Financial Report be accepted and placed on file. This item was held in Committee on September 12, 2011. Summary: Each year the City completes an independent audit of our financial performance for the prior year. Under separate cover you have received the following documents: • The 2010-11 Audited Annual Financial Report – This report provides a complete listing of all financial activities of the City of Evanston for the 2010-11 fiscal year. • The Communications from Auditor to Management and The City Council – This communication includes many enhancements to the previous versions of Council communications commonly known as the Management Letter. This correspondence includes all comments from our independent Auditor, Baker Tilley Virchow Krause, LLP. • A supplemental audit requested by City staff of our Cash Receipts and Collections procedures and activities, completed in 2011. Once again the City is receiving an unqualified opinion, meaning our Financial Report fairly states the City’s financial position in the opinion of the Auditor. The Management Letter from Baker Tilly includes many suggestions for improvement based on these requirements in accounting and finance operations and includes staff responses to these comments. In some cases, our current operating structure makes compliance difficult without staffing changes. This being said, City staff will continue to work to improve operations according to our Auditor’s recommendations. A Manager from Baker Tilly will be present on September 12, 2011 to discuss their annual review. Memorandum Page 123 of 563 This document is available on the City’s website at www.cityofevanston.org. ------------------------------------------------------------------------------------- Provided separately at: http://www.cityofevanston.org/transparency/budget-financial-reports/ The 2010-11 Audited Annual Financial Report The Communications from Auditor to Management and the City Council Report on Cash Receipts and Collections procedures Page 124 of 563 Page 125 of 563 Page 126 of 563 Page 127 of 563 Page 128 of 563 Page 129 of 563 Page 130 of 563 Page 131 of 563 Page 132 of 563 Page 133 of 563 Page 134 of 563 Page 135 of 563 Page 136 of 563 Page 137 of 563 Page 138 of 563 Page 139 of 563 Page 140 of 563 Page 141 of 563 Page 142 of 563 Page 1 Mr. Martin Lyons  Assistant City Manager  City of Evanston  2100 Ridge Avenue  Evanston, IL 60201    Report on Review of Cash Receipt Collections    The City of Evanston (“the City”) requested our assistance in reviewing and assessing internal  controls and procedures surrounding the City’s cash collection points.  The overall engagement  objectives were to identify any key issues observed and communicate best practices of a well‐run  collection system.  Identified cash collections points for this engagement included:     City Hall Collector’s office  Garage parking collections within City Hall   Chandler ‐ Newberger Community Center    Our report is organized as follows:    > Background  > Approach  > Executive Summary  > Appendix A – Internal Control Structure  > Appendix B – Specific Findings and Recommendations  Page 143 of 563 Mr. Martin Lyons  Assistant City Manager  City of Evanston Page 2 Background:    This study was undertaken to evaluate the cash collection processes and financial records with the  following specific outcomes in mind:    > Maintain and/or improve internal controls  > Identify practices that are inconsistent with “best practices”   Maintain and/or improve internal controls    Cash receipts maintain an internal control structure, the purpose of which is to provide reasonable  assurance that specific objectives are achieved.  These objectives include the safeguarding of assets  from unauthorized use or disposal and appropriate authorization of transactions.    Two of the components of the internal control structure relevant to this study are the accounting  system and the control procedures.  See Appendix A for a detailed description of these control  system components.    The objective of this evaluation is to consider the City’s internal control structure in the process of  evaluating the City of Evanston City Hall Collector’s office, garage parking collections within City Hall,  and the collection point at the Chandler – Newberger Community Center and limit recommendations  of opportunities for efficiencies to those that maintain or improve that internal control structure.        Identify practices that are inconsistent with “best practices” used by other governments     Achieving efficient cash receipt operations that maximize the benefit to the residents goes beyond  just maintaining a sound internal control structure.  Optimizing available resources, developing  comprehensive procedure manuals, and providing proper employee training also play an important  role in obtaining efficient and consistent operations.      We considered these items, referred to as “best practices,” during our evaluation of the cash receipt  processes.                 Page 144 of 563 Mr. Martin Lyons  Assistant City Manager  City of Evanston Page 3 Approach:    The evaluation of the City’s cash receipt processes consisted of the following components:    > Project Planning  > Completion of Assessments  > Analysis of Results  Project Planning  The planning phase included the following:  > Identify the practices of a well‐run municipality to develop a “best practices” benchmark  against which to compare the City’s operations.  This approach helps identify controls that are  not present in the City’s procedures but which are components of a good internal control  structure.  For these purposes, we considered industry sources, trade materials and our  experience and knowledge in the industry.  > Development of a work program. The work program served to organize the work so that the  City’s objectives were met.  In planning the work to be performed, we considered your  desired outcomes.    Completion of Assessments  The completion of assessments phase included:    > Interviews of personnel at the previously identified cash collection points and the  performance of walkthroughs of procedures with staff.   > Obtain a selection of cash receipts and assess the process performed in comparison to the  City’s current documented procedures and industry “best practices”. Assessments included  the use of daily receipt registers to record transactions, the security of daily deposits, and the  identification of control strengths and weaknesses.   Analysis of Results   > Assess the information gathered in the assessment phase with respect to the desired  outcome in Project Planning. During this phase we consider internal control structure to  identify areas of weakness. We also determine how findings compare to “best practices”  noted in other municipalities in an attempt to identify areas of improvement.          Page 145 of 563 Mr. Martin Lyons  Assistant City Manager  City of Evanston Page 4 Executive Summary:    As part of the engagement, we selected a sample of revenues from each of the previously identified  cash collection points for testing.  The results of our testing indicated that some revenues were not  processed in accordance with the City’s standard cash collection procedures.  These specific findings  are documented in Appendix B of this report.  Of the items tested during this engagement where  proper documentation was available, we did not identify any transactions that appeared to indicate  employee improprieties occurred.  However, we offer the following observations and  recommendations based on our review and evaluation of the City’s cash receipt process:      Segregation of duties  Segregation of duties can be defined as the inability of one employee to conceal errors or  improprieties in the normal course of their duties. Adequate segregation of duties reduces the  likelihood that errors or fraud will occur or remain undetected. Duties requiring segregation are  the authorization of transactions, custody of cash received, and the recording or reporting of  transactions.   A control over the processing of a transaction should not be performed by the  same individual responsible for recording or reporting the transaction.      Cash (currency, coin, checks, money orders and credit cards) is inherently risky because it is the  most liquid of the City’s assets. It is extremely important that all departments handling cash  implement and adhere to strong internal controls.  Below we list some areas where we found a  lack of segregation of duties.     At the City Hall Collector’s office, we found a lack of segregation of duties in the Operations  Coordinator position. The Coordinator reconciles the daily cash receipts collected by the  cashiers, prepares the deposit for pickup by Garda, and enters, saves and posts the receipts to  the accounting system (IRIS). During her reconciliation process, she changes dollar amounts and  account numbers when she discovers errors that were made by the cashiers. Additionally, there  is no review of the Operations Coordinator’s duties by the Accounting Department unless there  is an issue with the bank reconciliations. This lack of segregation creates an opportunity for a  misappropriation of receipts by adjusting the entries in the accounting system (IRIS) to match  the deposit made to the bank.       To assist in mitigating the risk of loss, we recommend that the embedded control within IRIS be  activated that allows someone independent from the entry of the cash receipt into the system  to post the data after reviewing supporting documentation. This posting should be completed  by someone outside of the Collector’s office, preferably in Accounting.  As part of the posting  process, a review of the amount collected according to the original cashier reports should be       Page 146 of 563 Mr. Martin Lyons  Assistant City Manager  City of Evanston Page 5 compared to the changes made by the Coordinator, and then to the amount deposited by  Garda.     City stickers   All clerks at City Hall perform cashier functions, and the Operations Coordinator also may assist  as a cashier. All cashiers also have access to the vehicle city stickers and enter the stickers into  the City Sticker database after payment has been received.  Because the cashiers are required  to enter the stickers into a separate database for tracking, there is no assurance that the  stickers entered have actually been paid. Therefore, an opportunity exists to enter a City sticker  in the database as paid without the City receiving revenue.      Additionally, although the Collector’s office uses a log to track assigned City stickers, there is no  review of the log to ensure that the stickers on the log have actually been issued, residency  requirements have been met, and payment has been recorded.  For the current process to  function correctly, a report should be generated from the Duncan cashier system by City sticker  code so the number of stickers sold according to the report can be matched to the City’s actual  sticker inventory and the dollar amount of sticker revenue in the City’s general ledger.      The current process also makes it difficult to track vehicle sticker inventory because stickers  sold are entered into Duncan in bulk for the total dollar amount of stickers sold with no  indication of the type of stickers or sticker numbers.  In order to reconcile the information in  Duncan to the log maintained by the Collector’s office, each vehicle sticker number sold would  need to be entered individually in the system.      Cash receipts ledger   Ideally, the cashiering system in the Collector’s office would interface directly with the City’s  general ledger, and all items sold by the City (residential parking permits, lot permits, dog tags,  building permits, etc.) would post directly to the proper revenue account. Dollar amounts for  each unique revenue item could be pre‐populated within the system and cashiers would be  prevented from editing the amounts.  Each revenue type also would be assigned a specific  general ledger account number in the cashier system. These system changes would eliminate  the cumbersome process of data entry into multiple systems and reduce errors due to  inaccurate entries.  The City could also use an interfaced cash receipts ledger to track vehicle  sticker inventories so that the list of stickers issued is updated as soon as a payment transaction  is completed.              Page 147 of 563 Mr. Martin Lyons  Assistant City Manager  City of Evanston Page 6 Cash drop box controls   The Collector’s office utilizes a drop box to hold prepared deposits waiting for Garda pickup.   The Operations Coordinator and recreation center place deposits in the drop box. However,  recreation center deposits are not secured and the Operations Coordinator has a key to access  the drop box.  Additionally, if the deposit were found to be missing, it would be difficult to  prove when the theft occurred, before or after it was placed in the drop box.  The inherent risk  associated with the current process could be mitigated partially be using a deposit log for the  drop box. The deposit log would document the time a deposit was put in or taken out of the  box, the amount of the deposit, and the employee (or armored car representative) that  performed each action.  Ideally, all deposits placed in the box would be counted by two  individuals to verify the correct deposit amount was recorded on the log.       The cashiers at the Chandler–Newberger Community Center also use a drop box and safe for  deposits.  We recommend that the Community Center use a similar log to help monitor its  deposits.       Accountability  There appears to be a lack of individual accountability for errors identified during the daily cash  reconciliation process.  During the reconciliation process, cashiers reconcile the total amount  collected for their drawer to the total reported collections from the system.  Then the  Operations Coordinator combines the receipts from all cashier clerks to calculate a grand total  and compares it to the amount of revenue recorded in Duncan.  Any errors discovered are  investigated and adjusted as necessary.  Overages or shortages are recorded in a separate line  item in the general ledger. Because all receipts are combined in the reconciliation process, it  cannot be determined which cashier was responsible for the error and there is no  accountability.  When cashiers are not notified of errors, the same error may be performed  repeatedly. In addition, if a cashier is suspected of causing discrepancies or misappropriating  funds, there is no proof to support the City’s disputes.       We recommend that cashiers reconcile the receipts for each transaction type to identify  miscoding errors up front.  The Operations Coordinator should then review each cashier’s  reconciliation individually so that errors can be corrected up front and the cashier can be held  accountable.  Afterwards, the Operations Coordinator can reconcile the total daily cash  collections to the Duncan system.                 Page 148 of 563 Mr. Martin Lyons  Assistant City Manager  City of Evanston Page 7 Inefficiencies  During the engagement, we had the opportunity to observe the cashiers at the Collector’s  office. We were informed that cashiers are scheduled to work at the window for half of the day  and the other half is spent completing assigned desk duties.  However, we observed numerous  occurrences when a cashier is beginning to work on reconciling accounts or entering data into  the sub‐ledgers and must leave to assist at the window because of the large volume of  customers.  The cashier returned to the desk after customers dispersed, but there often isn’t  enough desk time to complete all responsibilities. As mentioned above, a new, integrated cash  receipts ledger would reduce the amount of time needed for desk duties, such as data entry  and reconciling.  In the absence of a new cash receipts ledger, the City should consider  rearranging each cashier’s scheduled time at the window to help minimize disruptions from  desk duties as much as possible and improve efficiency.     Safety and security  The Collector’s office has a glass pane separating cashiers from the customers.  We noticed  many times that a customer could not hear the cashier and the cashier was required to stand  up and speak over the glass. When doing so, the benefit of having the glass separation in place  is lost and potentially makes the cashier vulnerable to a frustrated or disgruntled customer.  We  recommend that the protective glass be extended higher and speakers installed to improve  communication with customers and maintain the safety of the City’s cashiers.      Inconsistencies in processes  The City recently combined its cash collection and parking departments, so it is understandable  that there are inconsistencies in processes performed by cashiers.  During our observations and  inquiries at the City Hall Collector’s office we found staff performing cash handling duties in  different ways.  Employees informed us that they primarily developed the methodology for  their duties from personal experience.     We noted the City has a Cash Handling Operations Manual that documents the City’s policies  for cash handling.  We observed that the Chandler‐Newberger Community Center uses the  manual as a training device and keeps it conveniently located at the register for reference.   However, the cashiers at the Collector’s office were not aware of the manual’s existence.      We recommend that the City review the Cash Handling Operations Manual and update it as  necessary to serve as a comprehensive reference for all employees involved in the cash receipts  process. The manual should be provided to all cash collection locations and employees should  be required to participate in a training session covering important points from the manual.  The  training should cover the framework for a proper internal control structure such as:    > What types of identification are required from customers  Page 149 of 563 Mr. Martin Lyons  Assistant City Manager  City of Evanston Page 8   > When payment exceptions or discounts are allowed  > Which City employees may receive free permit parking   > Who is allowed to void transactions    Providing consistent guidelines for all cashiers limits the reliance on personal judgment or risk of  offending customers and increases the likelihood of providing a safe and secure environment for  staff and the City’s assets.    Sincerely,    BAKER TILLY VIRCHOW KRAUSE, LLP        Jason Coyle, CPA, Partner                              Page 150 of 563 Mr. Martin Lyons  Assistant City Manager  City of Evanston Page 9 Appendix  A – Internal Control Structure    An internal control structure includes the following components:    > Accounting system  > Control procedures  In evaluating the internal control structure of the City’s cash receipt functions in conjunction with our  review, we considered the accounting system and control procedures based on the following criteria.    Accounting System  The accounting system consists of the methods and records established to identify, assemble, analyze,  record, and report the City’s transactions and to maintain accountability for the related assets and  liabilities.  An effective accounting system gives appropriate consideration to establishing methods and  records that will:    > Identify and records valid transactions.  > Describe on a timely basis the transactions in sufficient detail to permit proper classification of  transactions for financial reporting.  > Measure the value of transactions in a manner that permits recording their proper monetary  value in the financial statements.  > Determine the period in which transactions occurred to permit recording of transactions in the  proper accounting period.  > Present properly the transactions and related disclosures in the financial statements.  Control Procedures  Control procedures are those policies and procedures in addition to the control environment and  accounting system that management has established to provide reasonable assurance that specific City  objectives will be achieved.  Control procedures have various objectives, and are applied at various  organizational and data processing levels.  They may also be integrated into specific components of the  control environment and the accounting system.  Generally, they may be categorized as procedures  that pertain to:    > Proper authorization of transactions and activities.    Page 151 of 563 Mr. Martin Lyons  Assistant City Manager  City of Evanston Page 10   > Segregation of duties that reduce the opportunities to allow any person to be in a position to  both perpetrate and conceal errors or irregularities in the normal course of his duties ‐  assigning different people the responsibilities of authorizing transactions, recording  transactions, and maintaining custody of assets.  > Design and use of adequate documents and records to help ensure the proper recording of  transactions and events, such as monitoring the use of pre‐numbered permit and City stickers.   > Adequate safeguards over access to and use of assets and records, such as secured facilities  and authorization for access to computer programs and data files.  > Independent checks on performance and proper valuation of recorded amounts, such as  clerical checks, reconciliations, comparison of assets with recorded accountability, computer‐ programmed controls, management review of reports that summarize the detail of account  balances (for example, an aged trial balance of accounts receivable), and user review of  computer‐generated reports.    Adopted from the AICPA's Consideration of the Internal Control Structure in a Financial Statement Audit.      Page 152 of 563 Mr. Martin Lyons  Assistant City Manager  City of Evanston Page 11 Appendix B ‐ Specific Findings and Recommendations    CITY COLLECTOR’S OFFICE – VEHICLE STICKERS    1. Finding:  It was difficult to confirm payment for several vehicle stickers.  Vehicle stickers sold  are entered into Duncan as a batch.  Therefore, the amount and date individual sticker  numbers were sold could not be determined.       Recommendation:  Vehicle stickers sold should be entered into Duncan individually or batches  should include documentation referencing the sticker numbers sold.     2. Finding:  We reviewed the City sticker database and noted several gaps in vehicle sticker  numbers issued.  The City investigated the cause for the gaps in sticker number sequence but  has not been able to provide an explanation.         Recommendation: A thorough inventory of vehicle sticker numbers should be completed  annually to ensure all vehicle stickers are accounted for properly as sold or available.        3. Finding:  All employees in the Collector’s office have access to the City’s sticker database.   Although there is identifying information in the database for data entered, there is no review  or reconciliation to verify information was entered accurately and revenue in the sticker  database agrees to revenue in the City’s general ledger.     Recommendation:  The City should have a cash receipts system that is interfaced with the  general ledger so vehicle stickers sold are immediately recorded as revenue.  An alternative  recommendation for the current system is that someone independent of the sticker database  entry should reconcile the revenue from the database to the revenue reported in the general  ledger.       4. Finding: Refunds occasionally are issued by the City Collector’s office.  We identified one  refund on 3/1/2010 for $524 that did not have any supporting documentation.           Page 153 of 563 Mr. Martin Lyons  Assistant City Manager  City of Evanston Page 12   Appendix B ‐ Specific Findings and Recommendations (continued)    Recommendation:  Supporting documentation for refunds should be reviewed in detail and  approved by an employee independent of the data entry process.     5. Finding: During our review of the City’s sticker database, we noted sticker number 012550 sold  for $10 was entered in the database twice.     Recommendation: The City’s system should require stickers sold to be entered individually  according to sticker number and include a control that prevents duplicate entries for the same  sticker number.     CITY COLLECTOR’S OFFICE – PARKING PERMITS     1. Finding:  During our testing of parking permit payments, we found the following discrepancies  between permit issuance documentation and amounts received according to the Duncan cash  receipts system:  a. Lot 4, permit numbers 16 and 17: The invoice indicates one permit was issued but no  payment data was entered.  However, two permit numbers were awarded in the  system and the amount paid could not be confirmed without the sale date or payment  information on the invoice.  b. Lot 4, permit number 10: The permit was issued to a City truck and the invoice  indicated there was no charge, but the system indicated the amount due was $150.  c. Lot 8/31, permit number 21: The invoice indicates the permit was issued for $105, but  the system includes a note that there was no charge because the permit was issued to  a crossing guard.  Recommendation:  Employees should be trained on the proper documentation required for  permit issuances to eliminate inconsistencies.  Any permits issued at no charge or discounted  fees should be documented consistently on the invoice and in the cash receipts system.   Invoices for no charge and discounted permits should also document the review and approval  of a supervisor.      Page 154 of 563 Mr. Martin Lyons  Assistant City Manager  City of Evanston Page 13   Appendix B ‐ Specific Findings and Recommendations (continued)    CHANDLER – NEWBERGER COMMUNITY CENTER     1. Finding: The Community Center has surveillance cameras in place in the cashier area.  However, the camera tapes are only reviewed if there are issues.      Recommendation:  Security tapes should be periodically reviewed by a supervisor to identify  any inappropriate behavior by employees.    2. Finding: During our testing at the Community Center, we identified a registration for a  children’s class on 3/11/2010 that did not include evidence of the customer payment.  The  program manager determined that there was a discrepancy between the registration and  payment because the class was likely paid for by a babysitter who dropped off the child  rather than the guardian who registered for the class.    Recommendation: During drop off/walk‐in activities, cashiers should record all relevant  payment information and match it to registration information to verify all participants have  properly paid.     CITY COLLECTOR’S OFFICE – MISCELLANEOUS OBSERVATIONS     1. Finding: During shift breaks in the Collector’s office, we observed that one cashier often  would take the place of another cashier at the same register.      Recommendation:  Each cashier should operate his own register drawer so the cashier can be  held accountable for any discrepancies in cash collections.    2. Finding: Payments received through the mail or drop box are opened and processed by one  employee.        Recommendation:  Drop off payments should be counted by more than one employee to  verify the amount of cash received and prevent theft.  Page 155 of 563 For City Council meeting of September 26, 2011 Item A6.1 Resolution 55-R-11: Grant Acceptance for Senior Meal Program For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Douglas J. Gaynor, Director, Parks, Recreation and Community Service Subject: Resolution 55-R-11 to Accept Grant Awards for the Maximum Award Amount of $42,528.50 from Age Options in Order to Award a Contract to Help Fund a Senior Meal Congregate Program at the Levy Senior Center and Fleetwood-Jourdain Community Center. Date: September 26, 2011 Recommended Action: Staff recommends City Council approval of Resolution 55-R-11 authorizing the City Manager to sign notification of grant awards to fund and operate a congregate senior meal program at the Levy Senior Center and Fleetwood-Jourdain Community Center. Funding Source: This is a reimbursement program in which the total amount of reimbursement the City will receive is solely dependent upon the number of lunches served and varies depending on the levels of participation. The City’s estimated reimbursement is calculated using the highest daily participation level stated in our application. Funding for this program is budgeted in Fleetwood-Jourdain Business Unit 3040 and Levy Center Business Unit 3055. Overall budgeted expenses for the 2011 program include staffing salaries, Social Security, Medicare, advertising, program supplies and food costs, which is projected at $68,363. Levy Senior Center Fleetwood-Jourdain Center TOTAL Meal Program Expenditure Budgeted Amount $51,335 $17,028 $68,363 Maximum Grant Reimbursement to Revenue Account $32,638 $9,891 $42,529 Project Income (Donations) $6,250 $1,560 $7,810 Local In-Kind (i.e. Room usage, utilities, volunteers, etc) $4,250 $0 $4,250 Local Cash (City Supported) $8,197 $5,577 $13,774 Memorandum Page 156 of 563 Staff projects meal donations of $7,810. The City will provide a local cash match of $13,774 of the $68,363 if the conservative projection for donations is met, and less if it is exceeded. The City currently does not have a grant program. The current City senior lunch program subsidy at Fleetwood and Levy is $12,000 which includes a required $4.00 donation per meal per senior. Should donations that are received from attendees of the meal program be less than expected, department staff will develop a plan to offset the revenue shortage. Summary: The City of Evanston applied for and received funding for a congregate senior meal program through Age Options. As part of the nationwide network, Age Options is authorized by the Federal Older Americans Act and the Illinois Department on Aging as the Planning and Service Area for the 30 townships surrounding Chicago. The Older Americans Act Title III-C Nutrition Services grant funds congregate meals for older adults, aged 60 and over, a spouse, or child with disabilities under the age of 60. This grant covers food costs, administrative overhead and supplies for the program. The City received a maximum grant award of $32,637.50 to provide meals 5 days a week at the Levy Senior Center and $9,891.00 to provide meals one day a week at the Fleetwood-Jourdain Community Center. The time period of this grant is October 1, 2011 through September 30, 2012. It will be renewable for the next fiscal year, with an optional third year pending funding. Currently, simple lunches are being provided at the Levy and Fleetwood-Jourdain Centers during the week for under $5 per person. This grant for Congregate Meal Nutrition Services will offset the cost of each meal and no eligible senior shall be denied participation because of inability to contribute. The suggested contribution for each meal will be $4.00 but meals will be provided regardless of ability to pay. Attachments: Resolution Age Options Award Letter Page 157 of 563 9/14/2011 55-R-11 A RESOLUTION Authorizing the City Manager to Sign Notifications of Grant Awards To Fund and Operate a Congregate Senior Meal Program WHEREAS, the City of Evanston has made it a priority to focus on providing for a comfortable and high stand of living for seniors through activities and events; and WHEREAS, the Parks, Recreation and Community Services Department (the “Department”) and Levy Senior Center strives to provide activities and opportunities to seniors; and WHEREAS, the Department applied to the Illinois Department on Aging for funding for a congregate senior meal program; and WHEREAS, the Department received two (2) grant awards, worth a combined forty-two thousand, five hundred twenty-eight dollars ($42,528.00), to operate meal programs for seniors; and WHEREAS, the grant award will allow seniors to receive meals at a suggested donation rate of four dollars ($4.00); and WHEREAS, the Department plans to operate a lunch program for seniors five (5) days a week at the Levy Senior Center; and WHEREAS, the Department plans to operate a lunch program for seniors one (1) day a week at the Fleetwood-Jourdain Community Center, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: Page 158 of 563 55-R-11 ~2~ SECTION 1: That the foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: That the City Manager is hereby authorized to sign, and the City Clerk herby authorized to attest, on behalf of the City of Evanston, the Notifications of Grant Awards attached hereto as Exhibits A and B, incorporated herein by reference. SECTION 3: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Grant Awards as he may determine to be in the best interests of the City. SECTION 4: That this Resolution 55-R-11 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: ________________, 2011 Page 159 of 563 Page 160 of 563 Page 161 of 563 Page 162 of 563 Page 163 of 563 For City Council meeting of September 26, 2011 Item A6.2 Business of the City by Motion: Contract Award for Senior Lunch Programs For Action To: Honorable Mayor and Members of the City Council Members of the Administration and Public Works Committee From: Douglas J. Gaynor, Director, Parks, Recreation & Community Services Subject: Contract award to Catholic Charities Lunch-n-More for Senior Meal Food Programs Date: September 26, 2011 Recommended Action: Staff recommends City Council approval of the contract between the City of Evanston and Catholic Charities Lunch-n-More to provide a senior meal congregate program at the Levy Senior Center and Fleetwood-Jourdain Community Center for a period of October 1, 2011 through September 30, 2012 in the not –to-exceed amount of $4.15 per lunch meal. Total meal program contract value is projected at $32,412. Lunch-n- More is located at 6212 S. Sangamon in Chicago. Funding Source: This is a reimbursement meal program in which the total amount of reimbursement the City will receive and expenses is solely dependent upon the number of lunches served and varies depending on the levels of participation. The program will be reimbursed in part through a grant from Age Options, the regional coordinator of federal funds dispersed for programs in the Older Americans Act and donations received from attendees at the meal program. The City’s estimated reimbursement is calculated using the highest daily participation level stated in our application. Funding for this program is estimated at $13,774 and is budgeted in the Fleetwood-Jourdain and Levy Center meal program expenditure accounts. Meal program food expenditure budgeted amount Maximum grant reimbursement to revenue account Fleetwood-Jourdain 3040.65025 $ 6,474 $ 4,914.00 Levy Senior Center 3055.65025 $25,938 $19,687.50 Total $32,412 $24,601.50 Memorandum Page 164 of 563 Summary: Age Options issued a bid to provide meals at all sites in the program. Meal providers were invited to respond to the bids and provide food costs, the type of meals provided, and background information on their company. After the bids were received Age Options required the City to work with the food vendors in order to determine if they could meet the needs of the program. The Levy and Fleetwood Centers received only one response to the bid for their site. The lone response came from Lunch-n-More Catering, a service that is part of the non-profit organization, Catholic Charities of the Archdiocese of Chicago. Catholic Charities Community Development and Outreach Services have a fully licensed kitchen facility on Chicago’s south side for the service area’s Lunch-n-More program. Staff met with representatives from Lunch-n-More following the bid process. Lunch-n- More provided a sample menu of meals, sample meals and answered questions from staff regarding their ability to provide effective meals services. Staff is satisfied that Lunch-n-More can meet the needs of the senior meal programs. The contract will be good for a period of one year, and then the meal program for each site will be put out to bid again by Age Options, pending available funding. Attachments Contract between the City of Evanston and Catholic Charities Lunch-n-More MWEBE Memo Please see Agenda Item A6.1 for information about the Grant Award for this program. Page 165 of 563 CITY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS PBC# Project Title Contract # Procurement Method (IFB, RFP, Small, etc): Ref. # Publication Date: Award Code: Subcontractor Utilization? Yes No Subcontractor Disclosure? Yes No Funding Source Obligation # Approval: Signature Printed Name Date Phone ______________________________ E-mail _______________________ Revision 6/2011 Page 1 AGREEMENT The Parties to this Agreement are the City of Evanston and Vendor. This Agreement, consisting of the signature page and numbered sections listed below and any attachments referenced in this Agreement, constitutes the entire Agreement between the Parties concerning the subject matter of the Agreement, and supersedes all prior proposals, Agreements and understandings between the Parties concerning the subject matter of the Agreement. This Agreement can be signed in multiple counterparts and signature may be electronic or digital upon agreement of the Parties. 1. TERM AND TERMINATION 2. DESCRIPTION OF SUPPLIES AND SERVICES 3. PRICING 4. STANDARD BUSINESS TERMS AND CONDITIONS 5. STANDARD CERTIFICATIONS 6. DISCLOSURES AND CONFLICTS OF INTEREST 7. SUPPLEMENTAL PROVISIONS In consideration of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the terms and conditions set forth herein and have caused this Agreement to be executed by their duly authorized representatives on the dates shown below. VENDOR CITY OF EVANSTON (Vendor Name) Catholic Charities Lunch-N-More (Procuring Department Name) _______________ Signature Official Signature Printed Name Printed Name Title Date Title Date Address Designee Signature Printed Name Phone Fax Title E-mail Address Page 166 of 563 CITY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS PBC# Project Title Contract # Procurement Method (IFB, RFP, Small, etc): Ref. # Publication Date: Award Code: Subcontractor Utilization? Yes No Subcontractor Disclosure? Yes No Funding Source Obligation # Approval: Signature Printed Name Date Phone ______________________________ E-mail _______________________ Revision 6/2011 Page 2 1. TERM AND TERMINATION 1.1 TERM OF THIS AGREEMENT: This Agreement has an initial term of October 1, 2011 through September 30, 2012. If a start date is not identified, the term shall commence upon the last dated signature of the Parties. Vendor shall not commence billable work in furtherance of the Agreement prior to final execution of the Agreement. 1.2 TERMINATION FOR CAUSE: The City may terminate this Agreement, in whole or in part, immediately upon notice to Vendor if: (a) the City determines that the actions or inactions of Vendor, its agents, employees or subcontractors have caused, or reasonably could cause, jeopardy to health, safety, or property, or (b) Vendor has notified the City that it is unable or unwilling to perform the Agreement. If Vendor fails to perform to the City’s satisfaction any material requirement of this Agreement, is in violation of a material provision of this Agreement, or the City determines that Vendor lacks the financial resources to perform the Agreement, the City shall provide written notice to Vendor to cure the problem identified within the period of time specified in the City’s written notice. If not cured by that date, the City may either: (a) immediately terminate the Agreement without additional written notice or (b) enforce the terms and conditions of the Agreement. For termination due to any of the causes contained in this Section, the City retains its rights to seek any available legal or equitable remedies and damages. 1.3 TERMINATION FOR CONVENIENCE: The City may, for its convenience and with 30 days prior written notice to Vendor, terminate this Agreement in whole or in part and without payment of any penalty or incurring any further obligation to Vendor. Vendor shall be entitled to compensation upon submission of invoices and proof of claim for supplies and services provided in compliance with this Agreement up to and including the date of termination. Page 167 of 563 CITY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS PBC# Project Title Contract # Procurement Method (IFB, RFP, Small, etc): Ref. # Publication Date: Award Code: Subcontractor Utilization? Yes No Subcontractor Disclosure? Yes No Funding Source Obligation # Approval: Signature Printed Name Date Phone ______________________________ E-mail _______________________ Revision 6/2011 Page 3 2. DELIVERY OF PROGRAM MEALS: Deliveries will be made to Levy Senior Center located at 300 Dodge Avenue, Evanston, IL, Monday – Friday at 10:30am, no earlier than one-half (1/2) hour prior 10:00am and no later than one-half hour (1/2) after 10:30am (11:00 am). Deliveries will be made to Fleetwood Jourdain Community Center located at 1655 Foster, Evanston, IL, Wednesdays at 11:00 am, no earlier than one-half (1/2) hour prior 10:30am and no later than one-half hour (1/2) after 11:00am (11:30 noon). The Agency reserves the right to increase or decrease the number of sites, times and days of deliveries upon ten consecutive days notice to the Contractor. 2.1 CONDITION OF THE FOOD DELIVERED BY VENDOR: Milk and/or other food delivered by the Vendor that is found to be spoiled, crushed, or otherwise not fit to be served, will not be passed for payment unless promptly exchanged prior to serving meal by the Vendor (See Attachment A). If the Vendor does not react to the above mentioned notification, milk and/or food supply will be disposed of without responsibility to the Agency. Milk carriers used to deliver cartons of milk should be sufficient size and strength to hold the contents properly without crushing when handled in a normal manner. Milk and juice will be delivered in 8 ounce serving cartons. At least 50 of meals and no more than 25% of meals shall be of a modified menu diet. All meals will be low sodium and fat controlled. The modified (therapeutic) meals will be appropriate for diabetics. 2.2 OTHER CONDITIONS FOR VENDOR: Provide disposables e.g.; napkins; straws; salt, pepper, sugar, substitutes; and other condiments as appropriate to the meal. Be responsible for maintaining hot food at 140 degrees or above and cold food at 40 degrees or below until serving time at the site. Make recipes available upon request to any authorized representative of the Agency, AgeOptions, or the Federal Government. Arrange with the Site Supervisor a schedule of special menus and shall specify additional costs. This includes monthly birthday cakes, as a substitute for the dessert. Vendor shall also provide a diabetic alternative for the cake. Provide refrigeration or warming units contingent upon necessity. Provide special utensils for handicapped persons on an as needed basis, upon notice from the Site Supervisor. Be in compliance with all local, state, and federal requirements governing food sanitation. Meals will be ordered on the Thursday prior to the following week. Vendor shall demonstrate the capability to maintain the meal service program to provide the average number of meals per day, with daily fluctuations from minus 50% to plus 100%. Page 168 of 563 Furnish needed food service training in sanitation, portion control, etc. to the Site Manager and volunteers. Use United States Department of Agriculture commodities that are donated to the Project and will give the Project credit for all such commodities used at the value determined by the USDA. Use Nutrition Services Incentive Program funds (formerly known as USDA Cash Assistance) to purchase only US grown/produced food. Vendor will keep accurate inventory records and submit same by the first of each month. Furnish reports as required to Agency, AgeOptions officials, along with the Illinois Department on Aging, and the USDA Food Distribution Agency. Officials have the right to inspect food production sites, recipes and purchase orders. Retain records for Audit purposes at least three (3) years. Comply with Title VI and Title VII of the Civil Rights Act of 1964, in regard to employment practices and persons served. 2.3 Vendor Records: The signed order receipts will be submitted with the Vendor’s monthly billing to the Agency. Shortages or omissions will be noted by the Site Staff on the order receipts. The Vendor shall submit invoices at least monthly to the Agency. The invoices shall indicate the total number of meals delivered and accepted during the period being billed with a backup listing of the Sites, total meals and total days on which deliveries were made during the billing period. All invoices shall show a summary of service as follows: a). The daily number of meals ordered and delivered, as well as the total number of meals and the total cost for the period. A second copy of the invoice should be retained by the Vendor. b). Total credits or debits due should be billed from the total bill. c). If commodities are used, total credits or debits should be deducted from the total bill from each invoice. The vendor shall maintain the following records for the sponsor: a) Production records, including quantities and amounts of food used in preparation of each meal and food component of menus b) Standardized recipes and yield from recipes c) Processed product nutritional analysis d) Dates of preparation of meals e) Number of meals and locations where meals were delivered f) Signed delivery slips g) Nutritional content of individual food items and meals as delivered h) Food and bid specifications 2.4 MENU SPECIFICATIONS REQUIREMENTS: Each meal must furnish 1\3 of the Dietary Reference Intakes for the category including 65 to 75 year old women as established by the Food and Nutrition Board of the National Academy of Sciences National Research Council. The menu must conform to the following meal pattern as set forth by the Illinois Department on Aging & AgeOptions. Menus will be prepared on a cycle of one month and changed at least every quarter. Menus will be prepared by Agency and the vendor with input from their nutritionist and dietician. Portion sizes will be specified on the menu. Menus should be low in fat and cholesterol. Sodium should be used in moderation. Menus must be approved by the AgeOptions Dietitian at least four weeks in advance of service. Menu changes on approved menus must be submitted at least four weeks in advance, with the exception of emergency situations, which shall not exceed 25 per year. Each meal shall meet the following minimum requirements: a. Meat or meat alternative group: Three ounces cooked, edible portion of meat, fish, fowl, eggs or cheese. (Excludes the weight of bones, skin, and/or breading on entrees.) - Mixed entrees such as stews and casseroles generally will require a 1 cup serving. - If any entree has less than 3 oz. of protein ingredient such as chicken tetrazzini or egg salad, the remaining protein may be included in other foods at the same meal. Page 169 of 563 Revision 6/2011 Page 5 - Meat alternatives, such as cottage cheese, soy products, cooked dried beans, peas or lentils, nuts, peanut butter or other nut butters may be used for variety and/or in accordance with the participants’ food preferences Meat alternatives may be used instead of meat/poultry/fish as an entree no more than once a week. b. Vegetable and fruit groups: There are per meal and weekly requirements for fruits and vegetables. Three standard servings of fruit/vegetables must be provided as part of each meal. On a weekly basis, two servings of fresh, raw fruit and two servings of fresh, raw vegetables must be served. Fresh, raw fruit served for dessert may count toward this weekly fresh, raw fruit requirement. The contractor should offer an equivalent substitute for participants who have poor dentition and cannot chew raw items. - A portion is ½ cup full strength juice; ½ cup cooked vegetable or fruit; 1 med. piece of whole fruit; 1 cup raw leafy vegetable (salad greens); ½ cup raw cut vegetables; 1 cup vegetable-based soup. - Fruits and vegetables may be provided as soups, juices, salads or entrees - With green salads, a 2 Tbsp. portion of salad dressing shall be provided. - Fresh seasonal fruits and vegetables are preferred. - Small amounts of fruits or vegetables such as garnishes or lettuce for sandwiches do not count toward the vegetable and fruit requirement. - Dried beans, peas or lentils may be counted as either a serving of vegetable/fruit or meat/alternative but not for both groups in the same meal. c. Bread/Grain group: Two servings of this group are required for each meal. This group includes: enriched or whole grain bread, biscuits, muffins, rolls, sandwich buns, cornbread or other hot breads, or enriched or whole grain cereals or cereal products, such as spaghetti, macaroni, rice, dumplings, pancakes, waffles, & tortillas. - A serving is equivalent to 1 slice of bread; ½ bun: 1 med. biscuit; muffin or roll; ½ cup cooked spaghetti, macaroni or rice; 1-4" diameter pancake, waffle; 1 tortilla; 1 oz. Crackers. - Whole grain and/or high fiber foods should be included at least 3 days each week. - Partial portions of bread items, do not count towards the bread requirement. d. Fortified margarine: One teaspoon when bread or a roll is served. Butter can also be provided. Meals with sandwiches do not require margarine to be provided. e. Dessert group: Each meal must include a dessert. Fresh fruits do count toward the weekly minimum of 2 fresh fruits. - Desserts may include ½ cup pudding or custard; ½ cup canned or cooked fruit; ½ cup fresh fruit pieces or 1 medium size fresh fruit (1 peach, apple, banana, etc.); ½ cup ice milk, ice cream, frozen yogurt or gelatin, or two 2-inch cookies. Page 170 of 563 Revision 6/2011 Page 6 - Desserts that are high in fat, particularly saturated fat, such as ice cream or custard, should be served no more than once a week. f. Milk group: ½ pint fluid milk must be provided. Providers are encouraged to offer low or skim milk. - Milk used in preparation of soups, puddings, etc., does not count toward the milk group requirement. - The type of milk that is lowest in fat but acceptable to the population served is preferred to lower the total fat content of the meals. g. Other beverages: Coffee/decaf and tea with half-and-half, whole or low-fat milk or non-dairy creamer, sugar/sugar substitute must be available at congregate meal sites. - Tea - Boxes of tea bags sent as requested by Center, but not to exceed 10% of meals ordered per month - Coffee - The Vendor shall provide dry packaged coffee to the Center in the equivalent to provide one cup per meal ordered. 2.5 MILESTONES AND DELIVERABLES: Vendor shall not perform services, provide supplies or incur expenses in amount exceeding the amount shown in this Section, unless the City has authorized a higher amount in writing prior to Vendor performing the services, providing the supplies, or incurring the expenses. Not-to-exceed $32,412 2.6 VENDOR / STAFF SPECIFICATIONS: The Vendor shall be required to submit quarterly inspection reports of the food preparation sites in which all meals for the program are prepared. 2.7 ASSIGNMENT AND SUBCONTRACTING: 2.7.1 This Agreement may not be assigned, transferred in whole or in part by Vendor without the prior written consent of the City. 2.7.2 For purposes of this section, subcontractors are those specifically hired to perform all or part of the work covered by the Agreement. Will subcontractors be utilized? Yes No 2.7.3 Vendor shall describe below the names and addresses of all authorized subcontractors to be utilized by Vendor in the performance of this Agreement, together with a description of the work to be performed by the subcontractor and the anticipated amount of money that each subcontractor is expected to receive pursuant to this Agreement. Vendor shall provide a copy of any subcontracts within 20 days of execution of this Agreement for approval by the City. Vendor shall be responsible for the accuracy and quality of any subcontractor’s performance. Subcontractor Name Amount to be paid Address Description of work Subcontractor Name Amount to be paid Address Description of work 2.7.4 Vendor shall obtain approval from the City prior to hiring any additional or substitute subcontractors during the term of this Agreement. Vendor shall provide to the City a draft subcontractor agreement for review and approval prior to the execution of the subcontract. Subcontractor agreements shall provide that services to be performed under the subcontracting agreement shall not be sublet, sold, transferred, assigned or otherwise disposed of to another entity or person without the City’s prior written consent. Page 171 of 563 Revision 6/2011 Page 7 2.7.5 All subcontracts must include the same certifications that Vendor must make as a condition of this Agreement. 2.8 WHERE SERVICES ARE TO BE PERFORMED: Unless otherwise specified in this section all services shall be performed in the United States. If Vendor manufactures the supplies or performs the services purchased hereunder in another country in violation of this provision, such action may be deemed by the City as a breach of the Agreement by Vendor. Vendor shall disclose the locations where the services required shall be performed and the known or anticipated value of the services to be performed at each location. If Vendor received additional consideration in the evaluation based on work being performed in the United States, it shall be a breach of contract if Vendor shifts any such work outside the United States. Location where services will be performed Value of services performed at this location Location where services will be performed Value of services performed at this location 2.9 SCHEDULE OF WORK: Vendor will deliver up to 200 meals per day, Monday through Friday at the Levy Senior Center located at 300 Dodge Avenue, Evanston, IL, and Wednesday at the Fleetwood-Jourdain Community Center located at 1655 Foster Street, Evanston, IL (with the exception of the following nine holidays). The holidays are as follows: New Year’s Day Martin Luther King Day Memorial Day Independence Day Labor Day Thanksgiving Day and Friday following Christmas Eve Christmas Day The Vendor assures the Agency of availability of personnel from the Vendor to staff the operations and provide supervisory staff in the preparation of food. In the event of a vehicle breakdown or other contingencies, the vendor must be able to dispatch replacement trucks to assure delivery of meals that may be stranded en route within one half (½) hour past regular serving time. Should the main preparation plant become inoperative, alternate sources of supply must be available. 2.8 WARRANTIES FOR SUPPLIES AND SERVICES: 2.8.1 Vendor warrants that the supplies furnished under this Agreement will: (a) conform to the standards, specifications, drawing, samples or descriptions furnished by the City or furnished by Vendor and agreed to by the City, including but not limited to all specifications attached as exhibits hereto; (b) be merchantable, of good quality and workmanship, and free from defects for a period of twelve months or longer if so specified in writing, and fit and sufficient for the intended use; (c) comply with all federal and City laws, regulations and ordinances pertaining to the manufacturing, packing, labeling, sale and delivery of the supplies; (d) be of good title and be free and clear of all liens and encumbrances and; (e) not infringe any patent, copyright or other intellectual property rights of any third party. Vendor agrees to reimburse the City for any losses, costs, damages or expenses, including without limitations, reasonable attorney’s fees and expenses, arising from failure of the supplies to meet such warranties. 2.8.2 Vendor shall insure that all manufacturers’ warranties are transferred to the City and shall provide a copy of the warranty. These warranties shall be in addition to all other warranties, express, implied or statutory, and shall survive the City’s payment, acceptance, inspection or failure to inspect the supplies. 2.8.3 Vendor warrants that all services will be performed to meet the requirements of the Agreement in an efficient and effective manner by trained and competent personnel. Vendor shall monitor performances of each individual and shall reassign immediately any individual who is not performing in accordance with the Agreement, who is disruptive or not respectful of others in the workplace, or who in any way violates the Agreement or City policies. Page 172 of 563 Revision 6/2011 Page 8 2.9 REPORTING, STATUS AND MONITORING SPECIFICATIONS: 2.9.1 Vendor shall immediately notify the City of any event that may have a material impact on Vendor’s ability to perform the Agreement. 2.10 Availability of Funds The City shall have the option to cancel this contract if the Federal government withdraws funds to support the Congregate Meal Program by giving the contractor forty-eight hour written notice. It is further understood that, in the event of cancellation of the contract, the City shall be responsible for meals that have already been assembled and delivered in accordance with this contract. 2.11 Emergencies In the event of unforeseen emergency circumstances, the contractor shall immediately notify the City by telephone of the following; (1) the impossibility of on-time delivery; (2) the circumstance(s) precluding delivery; and (3) a statement of whether or not succeeding deliveries will be affected. No payments will be made for deliveries made later than __________ minutes after specified meal time. Emergency circumstances at the site precluding utilization of meals are the concern of the City. The City may cancel orders provided they give the contractor at least 48 hours notice. Adjustments for emergency situations affecting the contractor’s ability to deliver meals, or City’s ability to utilize meals, for periods longer than 24 hours will be mutually worked out between the contractor and the Sponsor. Page 173 of 563 Revision 6/2011 Page 9 3. PRICING 3.1 METHOD AND RATE OF COMPENSATION: The City will compensate Vendor for the initial term as follows: Hourly Monthly Annually Project Item (show unit of measure and rate) 3.2 TYPE OF PRICING: Pricing under this Agreement is Firm 4.15 per meal Estimated 3.3 EXPENSES: Any expenses that Vendor may charge are shown in this section. The City will not compensate Vendor for expenses related to travel, lodging or meal. 3.4 DISCOUNT: % discount for payment within days of receipt of invoice 3.5 TAX: Vendor shall not bill for any taxes unless accompanied by proof the City is subject to the tax. If necessary, Vendor may request the applicable City’s Illinois tax exemption number and federal tax exemption information. 3.6 INVOICING: Vendor shall invoice at the completion of the Agreement unless invoicing is tied in this Agreement to milestones, deliverables, or other invoicing requirements agreed to in this Agreement. Send invoices to . 3.7 PAYMENT TERMS AND CONDITIONS: 3.7.1 By submitting an invoice, Vendor certifies that the supplies or services provided meet all requirements of the Agreement, and the amount billed and expenses incurred are as allowed in the Agreement. Invoices for supplies purchased, services performed and expenses incurred through December 31 of any year must be submitted to the City no later than January 31 of the next subsequent year. 3.7.2 Payments, including late payment charges, will be paid in accordance with all applicable laws and rules of the City of Evanston and the State of Illinois. Remedies provided for therein shall be Vendor’s sole remedy for late payments by the City. Payment terms contained on Vendor’s invoices shall have no force and effect. 3.7.3 The City will not pay for supplies provided or services rendered, including related expenses, incurred prior to the execution of this Agreement by the Parties even if the effective date of the Agreement is prior to execution. 3.7.4 As a condition of receiving payment Vendor must (i) be in compliance with the Agreement, (ii) pay its employees prevailing wages when required by law (Examples of prevailing wage categories include public works, printing, janitorial, window washing, building and grounds services, site technician services, natural resource services, security guard and food services). Vendor is responsible for contacting the Illinois Dept. of Labor 217-782-6206; http://www.state.il.us/Department/idol/index.htm to ensure compliance with prevailing wage requirements), (iii) pay its suppliers and subcontractors according to the terms of their respective contracts, and (iv) provide lien waivers to the City upon request. Page 174 of 563 Revision 6/2011 Page 10 4. STANDARD BUSINESS TERMS AND CONDITIONS 4.1 AVAILABILITY OF APPROPRIATION: This Agreement is contingent upon and subject to the availability of funds. The City, at its sole option, may terminate or suspend this Agreement, in whole or in part, without penalty or further payment being required, if a reduction in funding is necessary or advisable based upon actual or projected budgetary considerations. Vendor will be notified in writing of the failure of appropriation or of a reduction or decrease. 4.2 AUDIT/RETENTION OF RECORDS: Vendor and its subcontractors shall maintain books and records relating to the performance of the Agreement or subcontract and necessary to support amounts charged to the City under the Agreement or subcontract. Books and records, including information stored in databases or other computer systems, shall be maintained by Vendor for a period of three years from the later of the date of final payment under the Agreement or completion of the Agreement, and by the subcontractor for a period of three years from the later of final payment under the term or completion of the subcontract. If federal funds are used to pay contract costs, Vendor and its subcontractors must retain its records for five years. Books and records required to be maintained under this section shall be available for review or audit by representatives of the City upon reasonable notice and during normal business hours. Vendor and its subcontractors shall cooperate fully with any such audit and with any investigation conducted by any of these entities. Failure to maintain books and records required by this section shall establish a presumption in favor of the City for the recovery of any funds paid by the City under the Agreement for which adequate books and records are not available to support the purported disbursement. Vendor or subcontractors shall not impose a charge upon the City for audit or examination of Vendor’s books and records. 4.3 TIME IS OF THE ESSENCE: Time is of the essence with respect to Vendor’s performance of this Agreement. Vendor shall continue to perform its obligations while any dispute concerning the Agreement is being resolved, unless otherwise directed by the City. 4.4 NO WAIVER OF RIGHTS: Except as specifically waived in writing, failure by a Party to exercise or enforce a right does not waive that Party’s right to exercise or enforce that or other rights in the future. 4.5 FORCE MAJEURE: Failure by either Party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control and not due to its negligence including acts of nature, acts of terrorism, riots, labor disputes, fire, flood, explosion, and governmental prohibition. The non-declaring Party may cancel the Agreement without penalty if performance does not resume within 30 days of the declaration. 4.6 CONFIDENTIAL INFORMATION: Each Party, including its agents and subcontractors, to this Agreement may have or gain access to confidential data or information owned or maintained by the other Party in the course of carrying out its responsibilities under this Agreement. Vendor shall presume all information received from the City or to which it gains access pursuant to this Agreement is confidential. Vendor information, unless clearly marked as confidential and exempt from disclosure under the Illinois Freedom of Information Act (“FOIA”) shall be considered public. No confidential data collected, maintained, or used in the course of performance of the Agreement shall be disseminated except as authorized by law and with the written consent of the disclosing Party, either during the period of the Agreement or thereafter. The receiving Party must return any and all data collected, maintained, created or used in the course of the performance of the Agreement, in whatever form it is maintained, promptly at the end of the Agreement, or earlier at the request of the disclosing Party, or notify the disclosing Party in writing of its destruction. The foregoing obligations shall not apply to confidential data or information lawfully in the receiving Party’s possession prior to its acquisition from the disclosing Party; received in good faith from a third-party not subject to any confidentiality obligation to the disclosing Party; now is or later becomes publicly known through no breach of confidentiality obligation by the receiving Party; or is independently developed by the receiving Party without the use or benefit of the disclosing Party’s confidential information. Upon notification by the City that it has received a Freedom of Information Act request that calls for records within the Vendor’s control, the Vendor shall promptly provide all requested records to the City so that the City may comply with the request within the timeframe required by FOIA. 4.7 USE AND OWNERSHIP: All work performed or supplies created by Vendor under this Agreement, whether written documents or data, goods or deliverables of any kind, shall be deemed work-for-hire under copyright law and all intellectual property and other laws, and the City is granted sole and exclusive ownership to all such work, unless otherwise agreed in writing. Vendor hereby assigns to the City all right, title, and interest in and to such work including any related intellectual property rights, and/or waives any and all claims that Vendor may have to such work including any so-called "moral rights" in connection with the work. Vendor acknowledges the City may use the work product for any purpose. Confidential data or information contained in such work shall be subject to confidentiality provisions of this Agreement. Page 175 of 563 Revision 6/2011 Page 11 4.8 INDEMNIFICATION AND LIABILITY: Vendor 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 Vendor or Vendor’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. Vendor 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, Vendor 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 Vendor of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Project by Vendor 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, Vendor 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 Vendor that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or 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. Vendor 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 subcontractors’ work. Acceptance of the work by the City will not relieve Vendor 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 4.8 shall survive completion, expiration, or termination of this Agreement. 4.9 INSURANCE: Vendor shall, at its own expense, secure and maintain in effect throughout the duration of this contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services and work hereunder by Vendor, its agents, representatives, employees or subcontractors. Vendor acknowledges and agrees that if it fails to comply with all requirements of this Section 4.9, the City may void this Agreement. Vendor must give to the City Certificates of Insurance identifying the City to be an additional insured for the services required pursuant to the Agreement before City staff recommends award of the contract to City Council. Any limitations or modifications on the Certificate of Insurance issued to the City in compliance with this Section that conflict with the provisions of this Section 4.9 shall have no force and effect. If requested, Vendor shall give the City a certified copy (ies) of the insurance policy (ies) evidencing the amounts set forth in this Section. The policies must be delivered to the City within two (2) weeks of the request. All insurance policies shall be written with insurance companies licensed or authorized to do business in the State of Illinois and having a rating of not less than A-VII according to the A.M. Best Company. Should any of the insurance policies be canceled before the expiration date, the issuing company will mail thirty (30) days written notice to the City. Vendor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. Vendor 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 Vendor, and insuring Vendor against claims which may arise out of or result from vendor’s performance or failure to perform hereunder: a) Worker’s compensation in statutory limits and employer’s liability insurance in the amount of at least five hundred thousand dollars ($500,000); b) Comprehensive general liability coverage which designates the City as an additional insured for not less than Page 176 of 563 Revision 6/2011 Page 12 one million dollars ($1,000,000) combined single limit for bodily injury, death and property damage, per occurrence; c) Comprehensive automobile liability insurance covering owned, non-owned, and leased vehicles for not less than one million dollars ($1,000,000) combined single limit for bodily injury, death, or property damage, per occurrence; and d) Errors and omissions or professional liability insurance respecting any insurable professional services hereunder in the amount of at least one million dollars ($1,000,000). Vendor’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 the City. Vendor shall promptly forward new certificate(s) of insurance evidencing the coverage(s) required herein upon annual renewal of the subject policies. Vendor understands that the acceptance of Certificates of Insurance, policies, and any other documents by the City in no way releases Vendor and its subcontractors from the requirements set forth herein. Vendor 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 Vendor fails to purchase or procure insurance as required above, the parties expressly agree that Vendor 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 Vendor. 4.10 INDEPENDENT CONTRACTOR: Vendor shall act as an independent contractor and not an agent or employee of, or joint venture with the City. All payments by the City shall be made on that basis. 4.11 SOLICITATION AND EMPLOYMENT: Vendor shall not employ any person employed by the City during the term of this Agreement to perform any work under this Agreement. Vendor shall give notice immediately to the City if Vendor solicits or intends to solicit City employees to perform any work under this Agreement. 4.12 COMPLIANCE WITH THE LAW: Vendor, its employees, agents, and subcontractors shall comply with all applicable federal, state, and local laws, rules, ordinances, regulations, orders, federal circulars and all license and permit requirements in the performance of this Agreement. Vendor shall be in compliance with applicable tax requirements and shall be current in payment of such taxes. Vendor shall obtain at its own expense, all licenses and permissions necessary for the performance of this Agreement. 4.13 BACKGROUND CHECK: Whenever the City deems it reasonably necessary for security reasons, the City may conduct at its expense, criminal and driver history background checks of Vendor’s and subcontractors officers, employees or agents. Vendor or subcontractor shall reassign immediately any such individual who, in the opinion of the City, does not pass the background check. 4.14 APPLICABLE LAW: This Agreement shall be construed in accordance with and is subject to the laws and rules of the City of Evanston and the State of Illinois. The Department of Human Rights’ Equal Opportunity requirements (44 Ill. Adm. Code 750) are incorporated by reference. The City shall not enter into binding arbitration to resolve any contract dispute. The City does not waive tort immunity by entering into this Agreement. In compliance with the Illinois and federal Constitutions, the Illinois Human Rights Act, the U. S. Civil Rights Act, and Section 504 of the federal Rehabilitation Act and other applicable laws and rules, the City does not unlawfully discriminate in employment, contracts, or any other activity. 4.15 ANTI-TRUST ASSIGNMENT: If Vendor does not pursue any claim or cause of action it has arising under antitrust laws relating to the subject matter of the Agreement, then upon request of the City’s Corporation Counsel, Vendor shall assign to the City rights, title and interest in and to the claim or cause of action. 4.16 CONTRACTUAL AUTHORITY: The Department that signs for the City shall be the only City entity responsible for performance and payment under the Agreement. When the City’s authorized designee signs in addition to an Department, they do so as approving officer and shall have no liability to Vendor. 4.17 NOTICES: Notices and other communications provided for herein shall be given in writing by registered or certified mail, return receipt requested, by receipted hand delivery, by courier (UPS, Federal Express or other similar and reliable carrier), by e-mail, or by fax showing the date and time of successful receipt. Notices shall be sent to the individuals who signed the Page 177 of 563 Revision 6/2011 Page 13 Agreement using the contact information following the signatures. Each such notice shall be deemed to have been provided at the time it is actually received. By giving notice, either Party may change the contact information. 4.18 MODIFICATIONS AND SURVIVAL: Amendments, modifications and waivers must be in writing and signed by authorized representatives of the Parties. Any provision of this Agreement officially declared void, unenforceable, or against public policy, shall be ignored and the remaining provisions shall be interpreted, as far as possible, to give effect to the Parties’ intent. All provisions that by their nature would be expected to survive, shall survive termination. In the event of a conflict between the City’s and Vendor’s terms, conditions and attachments, the City’s terms, conditions and attachments shall prevail. 4.19 PERFORMANCE RECORD / SUSPENSION: Upon request of the City, Vendor shall meet to discuss performance or provide contract performance updates to help ensure proper performance of the Agreement. The City may consider Vendor’s performance under this Agreement and compliance with law and rule to determine whether to continue the Agreement, suspend Vendor from doing future business with the City for a specified period of time, or to determine whether Vendor can be considered responsible on specific future contract opportunities. 4.20 FREEDOM OF INFORMATION ACT: This Agreement and all related public records maintained by, provided to or required to be provided to the City are subject to the Illinois Freedom of Information Act notwithstanding any provision to the contrary that may be found in this Agreement. 4.21 SUCCESSORS AND ASSIGNS: The City and Vendor each bind themselves and their partners, successors, executors, administrators, and assigns to the other party of the Agreement and to the partners, successors, executors, administrators, and assigns of such other party in respect to all covenants of this Agreement. Neither the City nor Vendor shall assign, sublet, or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body, which may be a party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone other than the City and Vendor. 4.22 NON-WAIVER OF RIGHTS: No failure of either party to exercise any power given to it hereunder or to insist upon strict compliance by the other party with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof, nor any payment under this Agreement shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof. 4.23 SEVERABILITY: Except as otherwise provided herein, the invalidity or unenforceability of any particular provision, or part thereof, of this Agreement shall not affect the other provisions, and this Agreement shall continue in all respects as if such invalid or unenforceable provision had not been contained herein. 4.24 COUNTERPARTS: For convenience, this Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original. 4.25 SAVINGS CLAUSE: If any provision of this Agreement, or the application of such provision, shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of its requiring any steps, actions, or results, the remaining parts or portions of this Agreement shall remain in full force and effect. Page 178 of 563 Revision 6/2011 Page 14 5. STANDARD CERTIFICATIONS Vendor acknowledges and agrees that compliance with this section and each subsection for the term of the Agreement and any renewals is a material requirement and condition of this Agreement. By executing this Agreement, Vendor certifies compliance with this section and each subsection and is under a continuing obligation to remain in compliance and report any non- compliance. This section, and each subsection, applies to subcontractors used on this Agreement. Vendor shall include these Standard Certifications in any subcontract used in the performance of the Agreement. If this Agreement extends over multiple fiscal years including the initial term and all renewals, Vendor and its subcontractors shall confirm compliance with this section in the manner and format determined by the City by the date specified by the City and in no event later than January 1 of each year that this Agreement remains in effect. If the Parties determine that any certification in this section is not applicable to this Agreement, it may be stricken without affecting the remaining subsections. 5.1 As part of each certification, Vendor acknowledges and agrees that should Vendor or its subcontractors provide false information, or fail to be or remain in compliance with the Standard Certification requirements, one or more of the following sanctions will apply: • the Agreement may be void by operation of law, • the City may void the Agreement, and • Vendor and it subcontractors may be subject to one or more of the following: suspension, debarment, denial of payment, civil fine, or criminal penalty. Identifying a sanction or failing to identify a sanction in relation to any of the specific certifications does not waive imposition of other sanctions or preclude application of sanctions not specifically identified. 5.2 Vendor certifies 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. § 12101 et seq.) and applicable rules in performance under this Agreement. 5.3 Vendor certifies it is a properly formed and existing legal entity (30 ILCS 500/1.15.80, 20-43); 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. 5.4 Vendor certifies it has not been convicted of bribing or attempting to bribe an officer or employee of the City or any other City, nor has Vendor made an admission of guilt of such conduct that is a matter of record (30 ILCS 500/50-5). 5.5 If Vendor, or any officer, director, partner, or other managerial agent of Vendor, 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, Vendor certifies at least five years have passed since the date of the conviction. Vendor further certifies that it is not barred from being awarded a contract and acknowledges that the City shall declare the Agreement void if this certification is false (30 ILCS 500/50-10.5). 5.6 Vendor certifies that it and its affiliates are not delinquent in the payment of any debt to the City. 5.7 In accordance with the Steel Products Procurement Act, Vendor certifies steel products used or supplied in the performance of a contract for public works shall be manufactured or produced in the United States, unless the head of the procuring Department grants an exception (30 ILCS 565). 5.8 Vendor certifies it has not been convicted of bid rigging or bid rotating or any similar offense (720 ILCS 5/33 E-3, E-4). 5.9 Vendor certifies it complies with the Section 1-12-5 of the City of Evanston Code and the Illinois Department of Human Rights Act and rules applicable to public contracts, including equal employment opportunity, refraining from unlawful discrimination, and having written sexual harassment policies (775 ILCS 5/2-105). Page 179 of 563 Revision 6/2011 Page 15 5.10 Vendor certifies that it shall employ only persons duly licensed by the State of Illinois to perform professional services under this Agreement for which applicable Illinois law requires a license, subject to prior approval of the City. 5.11 Vendor certifies that if more favorable terms are granted by Vendor to any similar governmental entity in any state in a contemporaneous agreement let under the same or similar financial terms and circumstances for comparable goods or services, the more favorable terms will be applicable under this Agreement. Page 180 of 563 Revision 6/2011 Page 16 6.0 DISCLOSURES AND CONFLICTS OF INTEREST Section 1: Conflict of Interest Prohibited Vendor shall not have any public or private interest and shall not acquire directly or indirectly any such interest which conflicts in any manner with its performance under this Agreement. Section 2: Debarment/Legal Proceeding Disclosure (All Vendors must complete this section). Vendor must identify any of the following that occurred for it or any if its officers or directors within the previous 10 years: Debarment from contracting with any governmental entity Yes No Professional licensure discipline Yes No Bankruptcies Yes No Adverse civil judgments and administrative findings Yes No Criminal felony convictions Yes No If any of the above is checked yes, please identify with descriptive information the nature of the debarment and legal proceeding. The City reserves the right to request more information, should the information need further clarification. Page 181 of 563 Revision 6/2011 Page 17 7. SUPPLEMENTAL PROVISIONS 7.1 City Supplemental Provisions Definitions Required Federal Clauses, Certifications and Assurances ARRA Requirements (American Recovery and Reinvestment Act of 2009) Public Works Requirements (construction and maintenance of a public work) (820 ILCS 130/4) Prevailing Wage (820 ILCS 130/1 et seq.) M/W/EBE Subcontracting Requirements Other (describe) 7.2 Vendor Supplemental Provisions Page 182 of 563 Revision 6/2011 Page 18 TAXPAYER IDENTIFICATION NUMBER I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien). • If you are an individual, enter your name and SSN as it appears on your Social Security Card. • If you are a sole proprietor, enter the owner’s name on the name line followed by the name of the business and the owner’s SSN or EIN. • If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s name on the name line and the d/b/a on the business name line and enter the owner’s SSN or EIN. • If the LLC is a corporation or partnership, enter the entity’s business name and EIN and for corporations, attach IRS acceptance letter (CP261 or CP277). • For all other entities, enter the name of the entity as used to apply for the entity’s EIN and the EIN. Name: Business Name: Taxpayer Identification Number: Social Security Number or Employer Identification Number Legal Status (check one): Individual Governmental Sole Proprietor Nonresident alien Partnership ECity or trust Legal Services Corporation Pharmacy (Non-Corp.) Tax-exempt Pharmacy/Funeral Home/Cemetery (Corp.) Corporation providing or billing Limited Liability Company (select applicable tax classification) medical and/or health care services D = disregarded entity C = corporation Corporation NOT providing or billing P = partnership medical and/or health care services Signature: Date: Page 183 of 563 Revision 6/2011 Page 19 AGEOPTIONS RELATED PROVIDER/VENDOR CONTRACT PROVISIONS Introductory Provider has entered into contracts with the AgeOptions, the designated Area Agency on Aging for Suburban Cook County, to provide nutrition services for participants eligible under Title IIIC of the Older Americans Act, subject to approval of the Area Plan by the Department on Aging of the State of Illinois and the availability of funds. Provider desires that Vendor render services in connection with these contracts with AgeOptions and Vendor is willing to provide all products and services as specified by Provider in this agreement and as specified by AgeOptions in its Request for Proposal for Vendor Services issued May, 2011. Compliance with Laws Vendor will comply with all applicable federal, state, county and local laws and regulations including the retention of any books, documents, papers or other financial program and/or service records which are pertinent to the provision of services under this contract and its extensions for at least three years following the last day of service. The Grantee must permit AgeOptions, Provider, authorized State of Illinois and authorized Federal personnel access to such records for purposes of audit, monitoring, and evaluation. Indemnification During the term of this contract and any extensions thereof, Vendor will indemnify, defend and hold harmless the officers, employees, volunteers and agents of Provider and AgeOptions from and against any liability, loss or damage, including personal injury or property damage and reasonable attorneys’ fees and other costs of litigation, caused by the negligent acts or omissions of Vendor, its officers, employees or agents. This provision shall survive termination of this agreement. Insurance Vendor shall maintain sufficient and appropriate insurance of vehicles, staff and property for all services to be provided under this agreement and will provide proof of coverage to Provider and AgeOptions prior to commencement of service and throughout the term of this agreement and any extensions thereof. Provider and AgeOptions each shall be named as co-insured under Vendor’s insurance. Insurance policies must include as a minimum, but not be limited to, insurance coverage commonly known as, or similar in kind to: WORKERS’ COMPENSATION LIMITS Coverage A Statutory Coverage B $500,000 COMPREHENSIVE GENERAL LIABILITY Combined Single Limit (each occurrence) $1,000,000 Aggregate $2,000,000 COMPREHENSIVE AUTOMOBILE Hired and Non-owned Same limits as General Liability Page 184 of 563 Revision 6/2011 Page 20 Price Protection Meal prices under this agreement may be changed as of the effective dates of contract extensions granted by Provider with approval by AgeOptions. Vendor must submit requests for price changes no less than 60 days prior to the contract extension effective date. Such requests submitted less than 60 days prior will not be considered and the price then in effect will remain in effect for the twelve month period of the contract extension. The amount of change requested by the Vendor may not exceed the amount of change in the Consumer Price Index (CPI) for Food Away from Home over the 12 month period prior to the Vendor’s submission of a request for price change. Such changes in the CPI are issued monthly by the U.S. Department of Labor, Bureau of Labor statistics in its Consumer Price Index Summary - Economics News Release. All requests for price change are subject to approval by the Provider and Age Options, Inc. Vendor may be asked to submit documentation in addition to the change in the CPI for Food Away from Home for review by the Provider and/or Age Options to support its request for price change. Governing Law This agreement was made and entered to in the State of Illinois and shall be governed and construed according to the laws of the State of Illinois. Page 185 of 563 Bid No. 12-55, Asbestos Abatement, M/W/EBE Waiver Approval, DEM Services, 08-31-11 To: Douglas J. Gaynor, Director, Parks, Recreation & Community Services From: Lloyd W. Shepard, Business Development Coordinator, Community & Economic Development Department Subject: Contract Award to Catholic Charities Lunch-N-More for Senior Meal Food Programs, M/W/EBE Subcontracting Waiver Approved Date: September 21, 2011 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. However, this program precludes M/W/EBE subcontracting opportunities. Therefore; a waiver of M/W/EBE subcontractor participation is approved. Cc: Jewell Jackson, Purchasing & Contracts Manager Bob Dorneker, Superintendent of Recreation Memorandum Page 186 of 563 For City Council meeting of September 26, 2011 Item A7 Business of the City by Motion: Rotary International “Race to the Finish” For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Douglas J. Gaynor, Director, Parks, Recreation and Community Services Subject: Race to the Finish Special Event Date: September 26, 2011 Recommended Action: Staff recommends approval of the request from Rotary International to hold the”Race to the Finish on November 6, 2011 from 6 a.m. to 1 p.m. at the lakefront. This request was submitted in August and not on the calendar of special events approved in March 2011. It is a policy of the City to limit the number of special events at the lakefront to 12 events. The Special Events Committee has reviewed this request and is submitting it for your consideration with the knowledge that it will exceed the limit for the number of special events held at the lakefront by one. Funding Source: At this time, there are no City costs associated with this event. The event will be staged on the Northwestern campus and the start and finish points of the route will be on Northwestern’s campus. There will be no street closures for this race. Should any costs for Cty services be incurred, Rotary would be required to reimburse the City 100% for those services. Summary: City Administration appointed a Special Events Committee comprised of staff from each department to review, evaluate and monitor special event requests in order to ensure the coordination and compliance of the conditions and requirements set forth in approving the events. Lakefront special events are normally sent to the Human Services Committee for consideration, however due to timing for Rotary to begin marketing the event, this item is being presented to Administration and Public Works Committee for consideration. Memorandum Page 187 of 563 Rotary International is requesting permission to hold a run “Race to the Finish” on Sunday, November 6th at the lakefront. Runners will use the walkways around the Northwestern University campus and the lakefront pathway system. The race course is as follows (map is included in attached permit application): • Start at the Arts Circle Drive on Northwestern University Campus and proceed south to Lake Street (Dawes Park) • Runners turn around at Lake and head north on the lakefront path, which ends at Clark St., then continue north to Lincoln Street and then onto the Northwestern University campus. • Runners finish at the Norris Center on the campus. Norris Center will be used for check in, awards and the picnic. ------------------------------------------------------------------------------------- Attachments: Rotary Permit application Page 188 of 563 Page 189 of 563 Page 190 of 563 Page 191 of 563 Page 192 of 563 Agenda Item A8 has been withdrawn from this agenda. Page 193 of 563 For City Council meeting of September 26, 2011 Item A9 Resolution 56-R-11: Chicago Avenue Streetscape Project For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Paul Schneider, P.E., City Engineer Sat Nagar, P.E., Senior Engineer, Division of Transportation Subject: Construction Funding Agreement with IDOT for the Chicago Avenue Streetscape Project (South Boulevard to Main Street) Date: September 14, 2011 Recommended Action: Staff recommends approval of the proposed Resolution 56-R-11 authorizing the City Manager to sign the construction funding agreement with the Illinois Department of Transportation (IDOT) for the Chicago Avenue Streetscape Project (South Boulevard to Main Street). Funding Source: Funding for this work will be from a Federal Illinois Transportation Enhancement Program (ITEP) Grant in the amount of $800,460 and CIP funding of $201,141 in from the Chicago Avenue Streetscape account (415895). Summary: On December 18, 2009 the City of Evanston was notified that it would receive a $800,640 ITEP Grant towards the Chicago Avenue Streetscape Improvement. The Phase I environmental study and the Phase II Design (construction plans) for the section of Chicago Avenue (South Boulevard to Main Street) streetscape project started in the summer of 2010. City staff completed the Design Engineering and the construction plans have been submitted to the Illinois Department of Transportation (IDOT) for letting. The plans have been approved by IDOT – District 1 and the project is scheduled for a November 11, 2011 letting. The construction is expected to start in April of 2012. Attachments: Resolution 56-R-11 Construction Funding Agreement ITEP Award Notification Memorandum Page 194 of 563 Page 195 of 563 Page 196 of 563 Page 197 of 563 Page 198 of 563 Page 199 of 563 Page 200 of 563 Page 201 of 563 Page 202 of 563 Page 203 of 563 Page 204 of 563 Agenda Item A10 has been withdrawn from this agenda. Page 205 of 563 For City Council meeting of September 26, 2011 Item A11 Resolution 53-R-11: Solar Canopy and Electric Vehicle Charging Station For Action To: Honorable Mayor and Members of the City Council Members of the Administration and Public Works Committee From: Catherine Hurley, Sustainable Programs Coordinator Marty Lyons, Assistant City Manager Subject: Resolution 53-R-11 Authorizing the City Manager to Execute a License Agreement for the Installation of a Solar Canopy and Electric Vehicle Charging Station at a City Parking Lot Date: September 22, 2011 Recommended Action: Staff recommends City Council approve Resolution 53-R-11 authorizing the City Manager to execute a license agreement for the installation of a solar canopy and electric vehicle charging station at a City parking lot. Funding Source: N/A Summary: The City of Evanston has been collaborating with I-GO Car Sharing (I-GO) since 2005 to provide Evanston residents with convenient and cost effective access to temporary car rental. I-GO Car Sharing is a non-profit organization whose mission is to create a robust, regional, and sustainable mobility system in the Chicagoland area. I-GO currently has 15,000 members and over 250 cars in their fleet. In Evanston, I-GO has 11 cars and has served more than 1,000 residents since 2005 with more than 500 current Evanston I-GO members. I-GO is adding plug-in electric vehicles (PEV) to their fleet as part of their commitment to providing sustainable transportation. I-GO received grant funding from the Clean Cities Coalition, the State of Illinois, Illinois Clean Energy Community Foundation and the City of Chicago to deploy 36 electric vehicles across the Chicagoland area and to install solar photo voltaic canopies (solar canopy) to generate the energy needed to charge the vehicles. I-GO is proposing to install and maintain four PEVs in Evanston and two solar canopies. Two vehicles would be placed at Parking Lot 27, located at 621 Oak Avenue across Memorandum Page 206 of 563 Page 2 of 5 from the U.S. Post Office. Two other vehicles would be placed at Parking Lot 4, located at Central Street and Stewart Avenue. Each lot would have a solar canopy installed, covering a total of four parking spaces. Two spaces would be dedicated for the I-GO PEVs and the other two spaces would remain for public parking. A schematic of the canopy placement for each parking lot is provided as Attachment 1. An example of the solar canopy is provided as Attachment 2. Due to a planned Parking Lot 4 rehabilitation project and I-GO funding deadlines, installation of the canopies and charging stations needs to be completed in two phases. Phase 1 will include the installation of the electric charging stations, not including the canopy, to support the two I-GO PEVs in Parking Lot 4. The location of the two proposed charging stations are shown in Figure 2 of Attachment 1. During the construction work for the Parking Lot 4 rehabilitation project, the two I-GO PEVs will be temporarily exchanged with regular passenger vehicles and will be re-located to the proposed on-street parking as an interim step. The charging stations will be removed temporarily. Following completion of the rehabilitation project at Parking Lot 4, the solar canopy and electric charging stations will be installed at their final location as shown in Figure 3 of Attachment 1. I-GO will pay for the installation of the charging stations, solar canopies and associated electric infrastructure to support the PEVs. In addition, I-GO will pay a monthly lease fee of $80 for each parking spot reserved for the I-GO cars. This fee will cover the anticipated revenue from each metered spot based on the current capacity rate at the parking lot and associated meter fee. I-GO will also connect directly to the ComEd utility infrastructure in the area as a back-up energy source for the PEVs. The energy used by the charging facility will be metered individually and I-GO will compensate ComEd directly for the energy used. There will be no infrastructure cost to the City of Evanston for this project. The total investment by I-GO for this project is estimated at more than $250,000. This proposal was presented and discussed at the Transportation and Parking Committee meeting held on August 24th and September 21st. At the Committee meeting on September 21st, the I-GO proposal to install a solar canopy and provide two PEV at Parking Lot 27 and Parking Lot 4 was approved by the Committee and recommended for consideration by the Administration and Public Works Committee on August 26th. Resolution 53-R-11 authorizes the City Manager to execute a license agreement for the installation of a solar canopy and electric vehicle charging station at a City parking lot. A draft of the agreement with I-GO is provided as Exhibit A to Attachment 3. Attachments: Solar Photo Voltaic Canopy Placement Sample Solar Photo Voltaic Canopy Resolution 53-R-11 Page 207 of 563 Page 3 of 5 Attachment 1 - Solar Photo Voltaic Canopy Placement Figure 1 - Lot 27 – 621 Oak Avenue Across from the U.S. Post Office Location of Proposed Solar Canopy Shown in Green Figure 2 - Lot 4 – Existing Conditions at Central Street and Stewart Avenue Location of Proposed Charging Stations Shown in Green Page 208 of 563 Page 4 of 5 Figure 3 - Lot 4 – Planned Conditions at Central Street and Stewart Avenue Location of Proposed Solar Canopy Shown in Green Page 209 of 563 Attachment 2 –Sample Solar Photo Voltaic Canopy Page 210 of 563 8/31/2011 53-R-11 A RESOLUTION Authorizing the City Manager to Execute a License Agreement for the Installation of a Solar Canopy and Electric Vehicle Charging Station at a City Parking Lot NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign the license agreement (“Agreement”) between the City and I-GO Car Sharing, attached hereto as Exhibit A and incorporated herein by reference. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Agreement as he may determine to be in the best interests of the City. SECTION 3: That this Resolution 53-R-11 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: __________________, 2011 Page 211 of 563 53-R-11 ~ 2 ~ EXHIBIT A License Agreement Between the City and I-GO Car Sharing Page 212 of 563 I-GO Master Form of License License Agreement This License Agreement is made and entered as of the ____ day of ___________, 2011 by and between the Alternative Transportation Services of Chicagoland, an Illinois not-for-profit corporation d/b/a I-GO Car Sharing (“I-GO”) and ____________., a _________corporation (“Licensor”). Each of I-GO and Licensor are referred to individually as “Party” and collectively as “Parties.” WHEREAS, I-GO provides car sharing services which require dedicated parking locations for its vehicles and, for its electric and hybrid electric vehicles, in some cases, the placement of solar canopies and/or electric vehicle charging stations (“Parking Facility”). WHEREAS Licensor owns, leases or manages the property commonly known as _______________, and desires to have I-GO locate a car sharing facility for [electric and hybrid] vehicles at such property. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Facility Location. Licensor hereby grants to I-GO the privilege and license to use the property described on Exhibit A (the “Property”) for the placement of a Parking Facility, consisting of a solar canopy, a charging station, ancillary related equipment and designated parking spaces, at the specific location on such property set forth in Exhibit B (hereafter, “Licensed Premises”). 2. Term. The Term of this Agreement shall commence on ________________________, 2011 (“Effective Date”) and continue for seven (7) years from the date of I-GO’s locating of the solar canopy and related equipment at the Licensed Premises (“Initial Term”), unless otherwise terminated as provided herein. Licensor may agree to extend the term for additional one (1) year periods upon receipt of a written request for extension from I-GO and upon mutual agreement of the parties (“Renewal Term”). For the entire Term of this Agreement, I-GO shall obtain, pay for, and keep current no fewer than two (2) permits from Licensor for parking spaces on the Property. 3. Solar Canopy Placement, Maintenance and Removal. (a) I-GO shall own the solar canopy and related equipment and shall be responsible for all costs associated with the installation, operation, maintenance and removal of the solar canopy and related equipment at the end of the Term. Said costs shall include, but are not limited to, any loss of revenue Licensor may suffer due to I-GO’s installation, operation, maintenance, and/or removal of the Parking Facility pursuant to this Agreement. At no time shall Licensor have any ownership or other interest in the solar canopy or other Parking Facility equipment. During the Term, I-GO shall maintain the Parking Facility in good working order. I-GO agrees to abide by all posted rules and regulations now in effect or hereafter implemented (as long as provided to I-GO in writing) pertaining to use of the Parking Facility or related to the safety, care and cleanliness of the Page 213 of 563 I-GO Master Form of License Parking Facility. The Parties agree that such rules and regulations shall not unreasonably restrict or diminish I-GO’s rights under this License Agreement. I-GO shall not use, receive, store or dispose of any product, material or merchandise which is toxic, explosive, highly flammable or classified by law as hazardous at the Parking Facility and shall not permit the Parking Facility or the premises on which it is located to be used in any manner which would render the insurance risk on the premises as more hazardous. This section excludes the storage of items in the cars or charging systems (including but not limited to gas, oil, and battery acid) which would be expected to be in use for their intended purpose. (b) Licensor agrees to provide I-GO with reasonable access for it, and its Parking Facility vendors, to the Licensed Premises to allow the placement of the solar canopy and the location of the related equipment and materials necessary to support the location and operation of the Parking Facility. The Parties agree to cooperate in connection with such access, but any Licensor approvals in connection with such access will not be unreasonably withheld or delayed. (c) I-GO shall have reasonable ingress and egress to the Parking Facility during the Initial Term and any Renewal Term, including reasonable access for its employees and vendors to maintain the Parking Facility and shall have the authority to order the towing of non-I-GO vehicles improperly parked within the Parking Facility at I- GO’s cost. 4. Parking Lot Maintenance/Repairs. In the event of any emergency repairs or maintenance commissioned by Licensor, I-GO agrees that Licensor, at its own expense, may tow I-GO vehicles in order to gain access to the parking space(s) comprising the Parking Facility. Licensor shall make reasonable efforts to contact I-GO prior to moving the car(s). For routine maintenance at any Parking Facility, Licensor shall provide twenty-four (24) hours advance notice to I-GO. I-GO understands that Licensor must clear the parking lot of accumulated snow and that prior notice of such may not always be feasible. Licensor shall provide fifteen (15) days prior notice to I-GO of the dates and anticipated duration of any planned repairs and/or maintenance (such as such as striping and resurfacing) affecting the Parking Facility. I-GO acknowledges and agrees that I-GO may need to make other parking arrangements during the course of such planned repairs/maintenance. If I-GO fails to relocate the I-GO vehicles after notice has been provided, Licensor may tow (at I-GO’s expense) such I-GO vehicles. In the event any repairs/maintenance conducted by Licensor materially damages I-GO signage or other I-GO equipment, reasonably costs to repair shall be the responsibility of Licensor. 5. Signage. I-GO shall have the right to place signage (pole, wall and/or pavement) at each Parking Facility at I-GO’s expense. All signage and placement thereof shall be reviewed in advance with Licensor. Licensor acknowledges and agrees that such signage is an important component of I-GO’s marketing of its car sharing services, and agrees that its review will not be unreasonably withheld or delayed. I-GO shall work with any local governing authorities to obtain permits for such signage and shall conform to applicable zoning or other governmental restrictions on such signage, including the City’s Sign Regulations, set forth in Title 4, Chapter 12 of the Evanston City Code of 1979, as Page 214 of 563 I-GO Master Form of License amended. Signage will reinforce the terms of this License Agreement by specifying that only I-GO’s vehicles may be parked in designated spaces. Licensor shall not be responsible for towing of improperly parked cars or any charges or claims related thereto. Upon termination of this License Agreement for any reason, I-GO shall remove all signage and shall return the parking spaces to their previous condition, normal wear and tear excepted. 6. Canopy Events. I-GO shall be allowed to hold publicity-related events at each Parking Facility once annually; provided, however, that I-GO shall provide Licensor no less than thirty (30) days advance notice of such events and work with Licensor as to the timing of such events. 7. Taxes. I-GO shall be responsible for all taxes with respect to the solar canopy, the I-GO vehicles and its other Parking Facility equipment, including but not limited to personal property taxes and any assessments levied against any of the Parking Facility equipment, including the solar canopy and the vehicles. 8. Termination. (a) In the event of a material breach of the terms and conditions hereunder by either Party, the non-breaching Party shall give the breaching Party thirty (30) days notice of its intent to terminate this Agreement should such breach remain uncured for a period of sixty (60) days. “Material breach” includes, but is not limited to, (i) failure by I-GO to properly maintain the Parking Facilities in reasonably good condition; and (ii) failure by I-GO to maintain insurance as set forth herein. (b) Notwithstanding anything to the contrary contained herein, this Agreement may be terminated by either Party if the other Party: (i) becomes insolvent or unable to pay its debts as they mature within the meaning of the United States Bankruptcy Code or any successor statute; (ii) makes an assignment for the benefit of its creditors; (iii) files or has filed against it, voluntarily or involuntarily, a petition under the United States Bankruptcy Code or any successor statute unless such petition is stayed or discharged within ninety (90) days; or (iv) has a receiver appointed with respect to all or substantially all of its assets. (c) In the event Licensor elects to sell or transfer the Property, or if the Property otherwise will cease to be operated by Licensor, Licensor shall give I-GO no less than thirty (30) days advance notice. At I-GO’s request, Licensor shall use its best efforts to ensure that the buyer or transferee accepts an assignment of this License Agreement. (d) Upon termination of this License Agreement for any reason, I-GO shall remove its equipment and personal property (including, without limitation, its solar canopy and the entire Parking Facility) and shall return the parking spaces to their previous condition, normal wear and tear excepted. 9. Representations. Page 215 of 563 I-GO Master Form of License (a) Each of the Parties represents and warrants that it is duly registered and validly existing under the laws of the jurisdiction of its formation and has the requisite power and authority to execute, deliver and perform its respective obligations under this License Agreement. (b) As of the Effective Date, there is no material litigation, administrative proceeding or arbitration presently pending or, to the knowledge of either Party, threatened against such Party which, if adversely determined, could have a material adverse effect on the ability of such Party to perform its obligations under this License Agreement. 10. General Terms. (a) Default Remedy. Other than cure, the sole remedy of either Party in the event of a material breach of any of the terms of this Agreement by the other Party, is to institute legal action. (b) Assignment. Licensor will have the unrestricted right to assign its rights and obligations under this License Agreement to any entity as long as such assignment does not result in a requirement that I-GO exit or relocate the Parking Facility in a manner or under terms inconsistent with this License Agreement. (c) Confidentiality. The Parties agree that in the course of dealing between the Parties, each Party may acquire Confidential Information. Each Party will take all commercially reasonable affirmative steps to prevent disclosure of the other Party’s Confidential Information and maintain all Confidential Information, whether obtained either directly or incidentally and regardless of its form, confidential and safe from accidental or purposeful disclosure to any third Party. Each Party will disclose the other Party’s Confidential Information only to those of its employees, agents, attorneys, consultants, and contractors (“Agents”) who have a need to receive the Confidential Information to further the purposes of this Agreement. Notwithstanding the foregoing, the Party disclosing Confidential Information to its Agents shall be responsible and liable for any unauthorized disclosure by its Agents. Each Party shall make all reasonable efforts (including the design and implementation or use of an existing procedure for handling Confidential Information) to safeguard the other Party’s Confidential Information from disclosure to unauthorized individuals and for as long as the information disclosed remains Confidential Information. For the purpose of this Contract, "Confidential Information" shall mean the terms and provisions of the Agreement and all information received by either Party or either Party's Agent (i) that is not generally known in the industry in which the other Party is or may become engaged, or (ii) which is marked "confidential" and/or "proprietary" about the other Party's processes, services and products, including, without limitation, information relating to research, development, inventions, manufacturing process, accounting, engineering, marketing, merchandising and selling, as well as customers and potential customers. The restrictions herein shall not apply with respect to Confidential Information which (i) is already available to the public; (ii) becomes available to the public through no fault of the receiving Party, its employees or associates; (iii) is already known to the receiving Party as shown by written records in the receiving Party's Page 216 of 563 I-GO Master Form of License possession at the time that the Confidential Information was received, provided that the source of such information was not bound by a confidentiality agreement with another Party; or (iv) the receiving Party is required to disclose by a governmental or judicial entity or act, including, but not limited to, the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.), provided that the receiving Party notifies the disclosing Party of the pending disclosure prior to such disclosure. This section shall survive the termination of this Agreement for a period of two (2) years. (d) Force Majeure. Neither Party shall be deemed to be in default of its obligations hereunder (other than the obligation to make payments) to the extent any delay in its performance is caused by or is the result of factors beyond its reasonable control, including, without limitation, fire, explosion, accident, riot, flood, drought, storm, earthquake, lightning, frost, civil commotion, sabotage, vandalism, smoke, hail, embargo, act of God or of a public enemy, other casualty, strike or lockout, (collectively, an event of "Force Majeure"). Without limiting any rights a Party may otherwise have hereunder to terminate this Agreement, if either Party is unable to perform its obligations under this Agreement for at least thirty (30) consecutive days due to an event of Force Majeure, either Party may terminate this Agreement by delivery of a written notice to such affect to the other Party. In the event of any such termination of obligations hereunder due to an event of Force Majeure, neither Party shall be liable for any damages to the other Party resulting solely from such termination. (e) Indemnity. I-GO shall hold Licensor, its officials, whether appointed or elected, and whether or not serving at the time of commencement of this Agreement, its officers, employees, volunteers and agents, harmless from and against any and all injury, death, loss, damage, claims, actions. suits, liabilities and expenses (including, without limitation, costs and expenses for investigation and litigation, whether in law or in equity, and attorneys’ fees) (“Claims”) in any way arising from or connected with this Agreement (f) Independent Contractor. I-GO shall be deemed to be an independent contractor and neither Party shall be deemed a partner or joint-venturer of the other. (g) Insurance. I-GO shall maintain at all times, at its sole cost and expense, at least the following insurance covering its obligations under this Agreement: (a) Commercial General Liability including but not limited to (i) injury to a person, (ii) damage to property, (iii) contractual liability coverage, (iv) personal injury liability coverage and (v) products liability coverage in an amount of not less than Two Million Dollars ($2,000,000) for each occurrence; and (b) Automobile Liability for owned, hired and non- owned vehicles in an amount of not less than Two Million Dollars ($2,000,000) for each accident. All policies maintained by I-GO hereunder shall list Licensor as additional an insured. I-GO shall not substantially modify or cancel such policy(ies) without at least thirty (30) days notice to Licensor. (h) Notices. Any notices or other communications required to be given by the Parties hereunder shall be deemed given four (4) days after deposit in the U.S. Mail (certified mail/return receipt requested) or one (1) day after deposit with an overnight Page 217 of 563 I-GO Master Form of License delivery service or upon receipt of personally delivered and shall be sent to the following addresses: LICENSOR: City Manager City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Copy to: Parking Manager City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Copy to: Corporation Counsel City of Evanston 2100 Ridge Avenue Evanston, IL 60201 I-GO: Alternative Transportation Services of Chicagoland d/b/a I-GO Car Sharing 2125 W North Avenue Chicago, IL 60647 Attn: Marketing (i) No Relief for Breach. The expiration or termination of this Agreement shall not relieve either Party of any liability for a breach of its obligations under this Agreement for any misrepresentation or failure to comply with any agreement or covenant therein. Any such expiration or termination shall not be deemed to be a waiver of any available remedy for any such breach, misrepresentation or failure to comply with any agreement or covenant. (j) Governing Law. This License Agreement is made under and shall be governed by and construed in accordance with the substantive laws of the State of Illinois. (k) Entire Agreement. This Agreement sets forth all the promises, inducements, Agreements, conditions and understandings between Proprietor and City relative to the subject matter hereof, and there are no promises, Agreements, conditions or understandings, either oral or written, express or implied, between them, other than are herein set forth. (l) Amendments. This Agreement may be amended from time to time with the written consent of the Parties hereto. (m) Survival of Terms, Binding upon Successors. The covenants, terms, conditions, representations, warranties, Agreements and undertakings set forth in this Agreement (and specifically including, without limitation, those covenants, terms, Page 218 of 563 I-GO Master Form of License conditions, representations, warranties, agreements and undertakings which survive the termination of this agreement) shall be binding upon and inure to the benefit of the Parties hereto and their respective successors, assigns and legal representatives, and the covenants, provisions and agreements herein contained shall run with the Property and shall expire twelve (12) months after the expiration of the Term. (n) Severability. If any provision, condition, covenant or other clause, sentence or phrase of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised and the invalidity thereof shall not affect any other provision, condition, covenant or other clause, sentence or phrase contained herein. Notwithstanding the foregoing, if any such invalid provision goes to the essence of this Agreement so that the purposes of the Agreement cannot be fulfilled, then this Agreement shall terminate as of the date of such judgment. [Signature Page Follows] Page 219 of 563 I-GO Master Form of License IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed by its duly authorized representative. LICENSOR I-GO CAR SHARING By:___________________________________________ By:_______________________________________ Name:______________________________________ Name:___________________________________ Title:_______________________________________ Title:_____________________________________ CH1 5933898v.1 Page 220 of 563 For City Council Meeting of September 12, 2011 Item A12 Ordinance 69-O-11: Authorizing the Sale of Surplus Fleet Vehicles For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Lonnie Jeschke, Manager of Fleet Services Subject: Sale of Surplus Property Date: September 1, 2011 Recommended Action: Staff recommends that the City Council authorize the City Manager to publicly offer for sale through public auction various vehicles and equipment owned by the City based on Ordinance 69-O-11. The vehicles and equipment on the list were replaced for various divisions/departments within the City of Evanston. This ordinance was introduced at the September 12, 2011 City Council meeting. Funding Source: N/A Summary: The Fleet Services Division typically participates in two to three vehicle and equipment auctions per year in the Northern Illinois area. The auctions are through 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, October 1, 2011 at the Lake County Department of Transportation located at 600 Winchester Road in Libertyville, Illinois 60048 or any subsequent Obenauf online internet auction to the highest bidder. All proceeds from the auction/s will be credited to account # 7705.56065, “Sale of Surplus Property”. Memorandum Page 221 of 563 Page 2 of 2 SURPLUS FLEET VEHICLES/EQUIPMENT Cost Center # Department Vehicle # Vehicle Make Vehicle Model Year V.I.N. # Overall Condition Status 2225 E.P.D. 29 Chevy Astro Van 2001 1GCDL19W71B146231 Poor Out of Service 2265 E.P.D. 2012 Dodge Intrepid Seized Vehicle 2003 2B3HD46R73H530939 Very Poor Out of Service 2675 Public Works 620 Dodge 3500 4X4 1999 3B6MF3667XM592229 Very Poor In Service 2675 Public Works 621 Dodge 3500 4X4 1999 3B6MF3663XM592230 Very Poor In Service 2665 Public Works 733 Dodge Dakota 2001 1B7GG22X51S311574 Poor In Service 3510 PFR&FM 524 Dodge 3500 4X4 1998 3B6MF3665WM275015 Very Poor In Service Legislative History: N/A Attachments: Ordinance 69-O-11: Authorizing the Sale of Surplus Fleet Vehicles Owned by the City of Evanston (Obenauf Auction Service Municipal Equipment Auction) Page 222 of 563 8/22/2011 69-O-11 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: SECTION 1: That the foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: That, 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 Saturday, October 1, 2011 at the Lake County Department of Transportation Facility located at 600 Winchester Roads in Libertyville, Illinois, 60048, or at any subsequent Obenauf online auction. Page 223 of 563 69-O-11 ~2~ SECTION 3: That, 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: That the findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: That this ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Introduced: Adopted: Approved: _________________________, 2011 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel Page 224 of 563 69-O-11 ~3~ EXHIBIT A SURPLUS FLEET VEHICLES/EQUIPMENT Cost Center # Dept. Vehicle # Vehicle Make Vehicle Model Year V.I.N. Overall Condition Status 2225 EPD 29 Chevy Astro Van 2001 1GCDL19W71B146231 Poor Out of Service 2265 EPD 2012 Dodge Intrepid 2003 Seized Vehicle 2B3HD46R73H530939 Very Poor Out of Service 2675 PW 620 Dodge 3500 4X4 1999 3B6MF3667XM592229 Very Poor In Service 2675 PW 621 Dodge 3500 4X4 1999 3B6MF3663XM592230 Very Poor In Service 2665 PW 733 Dodge Dakota 2001 1B7GG22X51S311574 Poor In Service 3510 PR&CS 524 Dodge 3500 4X4 1998 3B6MF3665WM275015 Very Poor In Service Page 225 of 563 For City Council meeting of September 26, 2011 Item A13 Ordinance 65-O-11: Class O Liquor License for ALDI For Action To: Honorable Mayor and Members of the City Council From: W. Grant Farrar, Corporation Counsel Wendy McCambridge, Administrative Adjudication Manager Subject: Approval of Ordinance 65-O-11, Increasing the Number of Class O Liquor Licenses to permit issuance to ALDI Date: September 15, 2011 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 65-O-11. This ordinance was introduced at the September 12, 2011 City Council meeting. Funding Source: n/a Summary: Amends Subsection 3-5-6-(O) of the City Code to increase the number of Class O liquor licenses from 2 to 3 to permit issuance to ALDI, 2211 Oakton Street. ALDI, Inc. has paid the annual Class O liquor license application fee and provided proof of Surety Bond and Liquor Liability Insurance. Site manager Shelly Raso successfully completed BASSET Training, and fingerprint checks are pending for Ms. Raso. If the fingerprint results are not returned prior to the City Council meeting, the Council may issue a conditional license pursuant to City Code Subsection 3-5-3-(B)-1. At the July 13 meeting, the Commissioner and the Board Members voiced concern over applicant’s plan to place the beer and wine for sale within close proximity of the storefront, fearing easy shoplifting of the alcohol. The Commissioner directed EPD Chief Eddington to contact ALDI in order to produce recommendations for placement of the alcohol for sale in the ALDI location. After consulting with ALDI and 2 site visits, the Chief made recommendations regarding the alcohol sale area. Section 2 of Ordinance 65-O-11 conditions ALDI’s license on compliance with said recommendations. If the Council adopts 65-O-11 and approves the liquor license for ALDI, the Board intends to monitor ongoing activity at the location for reports of theft, if any, of alcohol. Legislative History: Memorandum Page 226 of 563 On July 13, 2011, the Liquor Control Review Board met and voted to recommend an increase in the number of Class O liquor licenses. Alternatives: n/a ------------------------------------------------------------------------------------- Attachment: Ordinance 65-O-11 ALDI Application Minutes of the July 13, 2011 meeting of the Liquor Control Review Board Page 227 of 563 8/1/2011 65-O-11 AN ORDINANCE Amending City Code Subsection 3-5-6-(O) to Increase the Number of Class O Liquor Licenses from Two to Three (ALDI, Inc., d/b/a “ALDI”, 2211 Oakton Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 3-5-6-(O) of the Evanston City Code of 1979, as amended (“City Code”), is hereby further amended by increasing the number of Class O liquor licenses from two (2) to three (3), to read as follows: (O) CLASS O licenses, which shall authorize the retail sale of beer and wine in grocery stores and combination stores as defined in Section 3-5-1 of this Chapter, and in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. The applicant for such license shall pay an initial fee of twenty thousand dollars ($20,000.00) and thereafter an annual fee of four thousand one hundred dollars ($4,100.00). 1. It shall be unlawful for a Class O licensee to sell a single container of beer unless the volume of the container is greater than forty (40) ounces or 1.18 liters. 2. It shall be unlawful for a Class O licensee to sell a single container of wine unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 3. The sale of alcoholic liquor at retail pursuant to the Class O license may begin after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 12:00 midnight on any day. 4. A Class O licensee shall provide a minimum of twelve thousand (12,000) square feet of production, preparation, and display area in which products are prepared and are for sale. The total number of Class O licenses in effect at any one (1) time shall not exceed two (2) three (3). Page 228 of 563 65-O-11 ~2~ SECTION 2: That the City Council hereby imposes the following condition on the liquor license granted hereby, violation of which shall constitute grounds for revocation thereof pursuant to Section 3-5-15 of the City Code: ALDI shall display any beer and/or wine for sale only on an interior aisle in close proximity to the checkout lanes. SECTION 3: That the findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 4: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2011 Adopted:___________________, 2011 Approved: _________________________, 2011 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel Page 229 of 563 Page 230 of 563 Page 231 of 563 Page 232 of 563 Page 233 of 563 Page 234 of 563 Page 235 of 563 Page 236 of 563 Page 237 of 563 Page 238 of 563 Page 239 of 563 Page 240 of 563 Page 241 of 563 Page 242 of 563 Page 243 of 563 Page 244 of 563 Page 245 of 563 Page 246 of 563 Page 247 of 563 Page 248 of 563 Page 249 of 563 Page 250 of 563 Page 251 of 563 Page 252 of 563 Page 253 of 563 Page 254 of 563 Page 255 of 563 Page 256 of 563 Page 257 of 563 Page 258 of 563 Page 259 of 563 Page 260 of 563 Page 261 of 563 Page 262 of 563 Page 263 of 563 Page 264 of 563 Page 265 of 563 Page 266 of 563 For City Council meeting of September 26, 2011 Item A14 Ordinance 72-O-11: Decreasing Class D License for Chef’s Station 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 72-O-11, Decreasing the Number of Class D Liquor Licenses due to a change in license class for Chef’s Station Date: August 22, 2011 Recommended Action: The Local Liquor Commissioner recommends adoption of Ordinance 72-O-11. This ordinance was introduced at the September 12, 2011 City Council meeting. Funding Source: N/A Summary: Amends Subsection 3-5-6-(D) of the City Code to decrease the number of Class D liquor licenses from 24 to 23 due to a change in license class for Peter Mills Productions, Inc., d/b/a “Chef’s Station,” 915 Davis Street. Legislative History: On August 11, 2011, the Liquor Control Review Board met and voted to recommend a decrease in the number of Class D liquor licenses. Attachments: Ordinance 72-O-11 Minutes of August 11, 2011 meeting of the Liquor Control Review Board Memorandum Page 267 of 563 8/22/2011 72-O-11 AN ORDINANCE Amending City Code Section 3-5-6-(D) to Decrease the Number of Class D Liquor Licenses from Twenty-Four to Twenty-Three Due to a Change in License Class of Chef’s Station, 915 Davis Street NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Subsection 3-5-6-(D) of the Evanston City Code of 1979, as amended, is hereby further amended by decreasing the number of Class D liquor licenses from twenty-four (24) to twenty-three (23), to read as follows: (D) CLASS D licenses, which shall duplicate class C licenses in all regards except that beer and/or wine only shall be served. It shall be unlawful for any person licensed hereunder to sell “alcoholic liquor” at a “bar,” as defined in Section 3-5-1 of this Chapter, except to persons attending a reception or party not open to the public. The applicants for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be $1,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-5-7 of this Chapter, shall be $1,890.00. No more than twenty-four (24) twenty-three (23) such licenses shall be in force at any one time. SECTION 2: That the findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Page 268 of 563 72-O-11 ~2~ SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2011 Adopted:___________________, 2011 Approved: _________________________, 2011 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel Page 269 of 563 FINAL Page 1 of 3 Liquor Control Board MEETING MINUTES Liquor Control Board Thursday, August 11, 2011 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Patrick Hughes, Marion Macbeth, Byron Wilson and Elizabeth Tisdahl Members Absent: Richard Peach Staff Present: W. Grant Farrar and Wendy McCambridge Others Present: Peter Mills (Chef’s Station), Chad Burch (Century Theatre), Matt Dunne (Century Theatre), Brian Ward (Sodexo), Steven Sena (Sodexo), Harlan Powell (Sodexo), John Skelly (NU student), Bill Smith (EvanstonNow), Jonathan Bullington (Chicago Tribune) 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. NEW BUSINESS Chef’s Station Peter Mills Productions, Inc., doing business as Chef’s Station, 915 Davis Street, Evanston, IL 60201 owner Peter Mills was present. Local Liquor Control Commissioner asked Mr. Mills the reason for this meeting. Mr. Mills explained that he was interested in upgrading his current Class D to a Class C liquor license to allow service of alcoholic liquor in addition to the beer and wine already permitted. The Local Liquor Control Commissioner asked the members if there were any concerns over Mr. Mills request. No concerns were voiced. The board recommends increasing the liquor Class C and decrease the number of Class D licenses both by one (1). The ordinance would be introduced to City Council on September 12, 2011 and for action at the City Council meeting scheduled for September 26, 2011. Century Theatres Century Theatres, Inc. doing business as Century Theatres, 900 Clark Street, Evanston IL 60201 representatives Chad Burch (General Manager Century Theatres) and Matt Dunne (General Manager Rhythm Room Bar and Bistro) were present. Page 270 of 563 FINAL Page 2 of 3 Liquor Control Board Local Liquor Control Commissioner asked the gentlemen the reason for this meeting. The representatives explained that Century Theatres would like to extend the liquor service into the auditoriums for regularly scheduled showings. Other Chicagoland theatres are already serving beer and wine in their auditoriums and Century Theatres would like to remain competitive. The Local Liquor Commissioner asked if there were any incidents reported at any of these theaters as a result of the enhanced liquor availability. Mr. Dunne stated so far there have been no significant problems reported. The Commissioner then opened up for the Board Members to ask questions. Ms. Macbeth asked about details regarding the service location and strategies to reduce the sale or possession of the alcohol by underage patrons of the theaters. Suggestions ranging from wristbands, restriction to particular theatres, ID checks at the point of purchase and entry to the auditorium, auditorium restriction according to movie rating were presented. As a result of the discussion, the Board agreed to initially allow for alcohol in the Arts auditoriums. According to City Attorney, Grant Farrar, a re-write of the AC Class Liquor License would be necessary. The ordinance would take time to write, therefore, the introduction date to City Council was unknown. Mr. Farrar will complete the re-write of the ordinance and request Ms. McCambridge to get in touch with Century Theatres representatives when a tentative introduction date is set. Sodexo America, Inc. Sodexo America, LLC doing business as Sodexo America, 1501 Central Street, Evanston, IL 60201 representatives Steven Sena (Regional Manager), Brian Ward (Concessions Manager) and Harlan Powell (Attorney) were present. Local Liquor Control Commissioner asked the gentlemen for the reason for this meeting. Mr. Powell informed the Board that Sodexo was pursuing a catering license to be able to provide beer and wine for catered events held at the Stadium Club at Ryan Field and “N” Club at Welsh-Ryan Arena. The events would be private and likely occur during football or basketball games. The Local Liquor Control Commissioner asked the members if there were any concerns over Sodexo America request request. No concerns were voiced. The board recommends issuing a Class K Liquor License to be introduced at City Council meeting on September 12, 2011 and for action at the City Council meeting scheduled for September 26, 2011. A one day liquor license for the first home foot all game on September 10, 2011 was recommended because the license would not be approved prior to that time. Liquor Theft Reporting and Sanctions The Local Liquor Control Commissioner expressed her concern over local grocery stores with liquor licenses have been experiencing liquor thefts. The Commissioner would like the Liquor Control Board to offer options and assistance to the stores to better manage increased liquor thefts. However, the Commissioner had been informed that often the stores are not aware of the magnitude of the theft until after the annual inventory is taken and reported. The Commissioner would like to determine the threshold for average liquor theft and request grocery stores to remit inventory reports Page 271 of 563 FINAL Page 3 of 3 Liquor Control Board to the Liquor Board to be able to analyze the data to develop baseline and average rates of theft for grocery stores. Initial data should be requested from the stores and then data submitted annually at liquor license renewal. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor at 11:52 a.m., August 11, 2011. Respectfully Submitted, Wendy McCambridge Administrative Adjudication/Liquor Licensing Manager, Legal Department Page 272 of 563 For City Council meeting of September 26, 2011 Item A15 Ordinance 73-O-11: Increasing Class C Liquor Licenses for Chef’s Station 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 73-O-11, Increasing the Number of Class C Liquor Licenses due to a change in license class for Chef’s Station Date: August 22, 2011 Recommended Action: The Local Liquor Commissioner recommends adoption of Ordinance 73-O-11. This ordinance was introduced at the September 12, 2011 City Council meeting. Funding Source: N/A Summary: Amends Subsection 3-5-6-(C) of the City Code to increase the number of Class C liquor licenses from 25 to 26 due to a change in license class for Peter Mills Productions, Inc., d/b/a “Chef’s Station,” 915 Davis Street. Legislative History: On August 11, 2011, the Liquor Control Review Board met and voted to recommend an increase in the number of Class C liquor licenses. Attachments: Ordinance 73-O-11 Chef’s Station application See Agenda Item A14 for Minutes of August 11, 2011 meeting of the Liquor Control Review Board Memorandum Page 273 of 563 8/22/2011 73-O-11 AN ORDINANCE Amending Subsection 3-5-6-(C) of the City Code to Increase the Number of Class C Liquor Licenses from Twenty-Five to Twenty-Six (Peter Mills Productions, Inc. d/b/a “Chef’s Station,” 915 Davis Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Subsection 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-five (25) to twenty-six (26), 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-five (25) twenty-six (26) such licenses shall be in force at any one time. Page 274 of 563 73-O-11 ~2~ SECTION 2: That the findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2011 Adopted: ___________________, 2011 Approved: __________________________, 2011 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel Page 275 of 563 Page 276 of 563 Page 277 of 563 Page 278 of 563 Page 279 of 563 Page 280 of 563 Page 281 of 563 Page 282 of 563 Page 283 of 563 Page 284 of 563 Page 285 of 563 Page 286 of 563 Page 287 of 563 Page 288 of 563 Page 289 of 563 Page 290 of 563 Page 291 of 563 Page 292 of 563 Page 293 of 563 Page 294 of 563 For City Council meeting of September 26, 2011 Item A16 Ordinance 74-O-11: Increasing Class K Liquor Licenses for Sodexo America For Action To: Honorable Mayor and Members of the City Council From: W. Grant Farrar, Corporation Counsel Wendy McCambridge, Administrative Adjudication Manager Subject: Approval of Ordinance 74-O-11, Increasing the Number of Class K Liquor Licenses to permit issuance to Sodexo America Date: August 22, 2011 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 74-O-11. This ordinance was introduced at the September 12, 2011 City Council meeting. Summary: Amends Subsection 3-5-6-(K) of the City Code to increase the number of Class K liquor licenses from 1 to 2 to permit issuance to Sodexo America, LLC, 1501 Central Street. Sodexo has paid the annual Class K liquor license application fee and provided proof of Surety Bond and Liquor Liability Insurance. Site manager Craig Granzetto successfully completed BASSET Training, and fingerprint checks are pending for Mr. Granzetto. If the fingerprint results are not returned prior to the City Council meeting, the Council may issue a conditional license pursuant to City Code Subsection 3-5-3-(B)-1. Legislative History: On August 11, 2011, the Liquor Control Review Board met and voted to recommend an increase in the number of Class K liquor licenses. Alternatives: n/a Attachment: Ordinance 74-O-11 Sodexo America Application Please see Agenda Item A14 for Minutes of the August 11, 2011 meeting of the Liquor Control Review Board Memorandum Page 295 of 563 8/22/2011 74-O-11 AN ORDINANCE Amending Subsection 3-5-6-(K) of the City Code of the City of Evanston to Increase the Number of Class K Liquor Licenses from One to Two (Sodexo America, LLC, 1501 Central Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Subsection 3-5-6-(K) of the City Code of the City of Evanston of 1979, as amended, is hereby further amended by increasing the number of Class K licenses from one (1) to two (2) to read as follows: (K) CLASS K licenses, which shall authorize the sale of beer and wine for consumption on the premises where served, only to invited guests at private, catered functions. Such licenses shall be issued only to businesses defined as catering establishments under Section 6-18-3 of this Code and having a current Evanston business license. Catering establishments holding Class K licenses must have food service available when beer and wine are being served. The service of beer and wine shall be by employees of the licensed catering business. Class K licensees shall serve beer or wine only to invited guests at catered functions. Such licenses shall be issued only for the premises owned, operated, or maintained by the licensed catering business or for the location in which the licensed catering business shall serve food, beer and wine. The service of beer and wine shall only take place from ten o'clock (10:00) A.M. to one o'clock (1:00) A.M.; except, that service may be made up to two o'clock (2:00) A.M. on Saturday and Sunday mornings. The sale of beer and wine shall be deemed to occur at the address of the catering establishment. The annual single payment fee for initial issuance or renewal of such license shall be one thousand eight hundred dollars ($1,800.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-5-7 of this Chapter, shall be one thousand eight hundred ninety dollars ($1,890.00). No more than one (1) two (2) such licenses shall be in force at any one time. Page 296 of 563 74-O-11 ~2~ SECTION 2: That the findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2011 Adopted: ___________________, 2011 Approved: __________________________, 2011 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel Page 297 of 563 Page 298 of 563 Page 299 of 563 Page 300 of 563 Page 301 of 563 Page 302 of 563 Page 303 of 563 Page 304 of 563 Page 305 of 563 Page 306 of 563 Page 307 of 563 Page 308 of 563 Page 309 of 563 Page 310 of 563 Page 311 of 563 Page 312 of 563 Page 313 of 563 Page 314 of 563 Page 315 of 563 Page 316 of 563 Page 317 of 563 Page 318 of 563 Page 319 of 563 Page 320 of 563 Page 321 of 563 Page 322 of 563 Page 323 of 563 Page 324 of 563 Page 325 of 563 For City Council meeting of September 26, 2011 Item A17 Ordinance 76-O-11: Designated Truck Routes For Action To: Honorable Mayor and Members of the City Council Members of the Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Paul Schneider, P.E., City Engineer Rajeev Dahal, Senior Traffic Engineer Subject: Amending Section 10-11-16 of the City Code to Update Designated Truck Routes. Date: August 29, 2011 Recommended Action: Staff recommends the consideration of proposed ordinance 76-O-11 by which the City Council would amend Section 10-11-16 to update the designated truck routes within the City. This ordinance was introduced at the September 12, 2011 City Council meeting. Funding Source: Funding for any necessary sign updates would be provided through the General Fund budget, 2670.65115 traffic control supplies. Summary: This ordinance change is being requested to ensure that the truck route map, signage and ordinance are consistent. The Illinois Vehicle Code states that local authorities can control the use of roadways within its jurisdiction by trucks and other commercial vehicles (625 ILCS 5/15-316(c)). The following streets are under Illinois Department of Transportation’s (IDOT) jurisdiction and the City cannot restrict or designate its use without IDOT approval. However, IDOT has identified these streets as overweight truck permit routes: • Gross Point Road: South City Limits to Crawford Avenue • Crawford Avenue: Gross Point Road to Central Street • Central Street: Lincolnwood Drive to Sherman Avenue • Simpson Street: West City Limits to Elgin Road • Elgin Road: Simpson Street to Leland Avenue Memorandum Page 326 of 563 • Dempster Street: West City Limits to Chicago Avenue • Asbury Avenue: Oakton Street to Howard Street • South Boulevard: Chicago Avenue to Sheridan Road • Sheridan Road: South Boulevard to South City Limits Currently, staff has been using a truck route map prepared before 1980 to guide overweight/oversize trucks. However, not all the streets in the truck route map are listed in the City code. The proposed amendment to the City code by staff is based on the information summarized hereafter. Staff finds that most of the primary streets have been identified as truck routes to guide local service deliveries and avoid residential streets but needs to be updated to include other streets to complete the truck route network. Viaduct clearance is also a factor. Designated Truck Routes: (Section 10-11-16) The following streets have been designated truck routes in the City-code: • Central Street: Sherman Avenue to Gross Point Road (needs to be amended from Lincolnwood Drive to Gross Point Road to conform with City’s jurisdiction) • Chicago Avenue: Howard Street to Clark Street • Church Street: McCormick Boulevard to Chicago Avenue (needs to be amended from Dodge Avenue to Chicago Avenue to conform with City’s jurisdiction) • Dempster Street: McCormick Boulevard to Oak Avenue (need to be removed since it is under IDOT jurisdiction) • Dodge Avenue: Howard Street to Simpson Street • Emerson Street: McCormick Boulevard to Sherman Avenue (needs to be amended from Leland Avenue to Sherman Avenue to conform with City’s jurisdiction) • Green Bay Road: Emerson Street to Isabella Avenue • Greenwood Street: Chicago Avenue to Sherman Avenue • Main Street: McCormick Boulevard to Chicago Avenue • Oak Avenue: Clark Street to Davis Street • Ridge Avenue: Clark Street to Emerson Street • Sherman Avenue: Dempster Street to Central Street • Simpson Street: Dodge Avenue to Ashland Avenue • Simpson Street: Ashland Avenue to Green Bay Road The City code needs to be updated to include the following streets to provide service delivery routes and to connect the designated truck route network: • Ashland Avenue: Green Bay Road to Simpson Street (due to the angle of the Noyes/Green Bay intersection) • Asbury Avenue: Green Bay Road to Emerson Street (since southbound Green Bay Road left turns are prohibited onto Emerson Street) Page 327 of 563 • Clark Street: Oak Avenue to Ridge Street (to complete the truck route to access Emerson Street) • Crawford Avenue: North City Limits to Gross Point Road, and Central Street to the South City Limits (to connect IDOT overweight permit routes and City truck route) • Davis Street: Chicago Avenue to Oak Avenue (to complete the network so that trucks can exit the area and not loop back to use Sherman Avenue) • Dempster Street: Sherman Place to Chicago Avenue (to connect the IDOT overweight permit route to City truck route) • Elgin Road/Clark Street: from Emerson Street to Chicago Avenue (so that trucks do not proceed on Emerson Street to Sherman Avenue. The viaduct clearance on this segment of the street is greater than on Emerson Street) • Gross Point Road: North City Limits to Crawford Avenue (to connect IDOT overweight routes and City truck route) • Oakton Street: West City Limits to Dodge Avenue (to serve the commercial/industrial area to the west; this section was previously a Cook County route) • McCormick Blvd: Emerson Street to Green Bay Road (to connect Emerson Street to Green Bay Road; this section was previously an IDOT route) Page 328 of 563 8/31/2011 76-O-11 AN ORDINANCE Amending Title 10, “Motor Vehicles and Traffic”, to update the City Truck Route Schedule XVI(A) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Schedule XVI (A), found in Subsection 10-11-16-(A) of the City Code, is hereby amended to read as follows: SCHEDULE XVI (A): DESIGNATION OF TRUCK ROUTES AND BICYCLE ROUTES Asbury Avenue Green Bay Road to Emerson Street Ashland Avenue Green Bay Road to Simpson Street Central Street Sherman Avenue Lincolnwood Drive to Gross Point Road Chicago Avenue Howard Street to Clark Street Church Street McCormick Boulevard Dodge Avenue to Chicago Avenue Clark Street Oak Avenue to Ridge Avenue Crawford Avenue North City Limits to Gross Point Road, and Central Street to the South City Limits Davis Street Chicago Avenue to Oak Avenue Dempster Street McCormick Boulevard to Oak Avenue Sherman Place to Chicago Avenue Dodge Avenue Howard Street to Simpson Street Elgin Road/Clark Street Emerson Street to Chicago Avenue Emerson Street McCormick Boulevard Leland Avenue to Sherman Avenue Green Bay Road Emerson Street to Isabella Street Page 329 of 563 76-O-11 ~2~ Greenwood Street Chicago Avenue to Sherman Avenue Gross Point Road North City Limits to Crawford Avenue Main Street McCormick Boulevard to Chicago Avenue Oak Avenue Clark Street to Davis Street Oakton Street West City Limits to Dodge Avenue McCormick Boulevard Emerson Street to Green Bay Road Ridge Avenue Clark Street to Emerson Street Sherman Avenue Dempster Street to Central Street Simpson Street Dodge Avenue to Ashland Avenue Simpson Street Ashland Avenue to Green Bay Road SECTION 2: That the findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: That this Ordinance 76-O-11 shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 5: That if any provision of this Ordinance 76-O-11 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 76-O-11 that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. Page 330 of 563 76-O-11 ~3~ Introduced:_________________, 2011 Adopted:___________________, 2011 Approved: __________________________, 2011 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel Page 331 of 563 For City Council meeting of September 26, 2011 Item A18 Ordinance 37-O-11: City-Wide 8,000 Pound Weight Limit on City Streets For Action To: Honorable Mayor and Members of the City Council Members of the Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Paul Schneider, P.E., City Engineer Rajeev Dahal, Senior Traffic Engineer Subject: Amending the City Code to Establish a City Wide 8,000 Pound Weight Limit on City Streets Date: August 29, 2011 Recommended Action: Staff recommends the consideration of Ordinance 37-O-11 by which the City Council would amend Section 10-1-3, 10-1-9-2, and delete 10-11-13, Schedule XIII to establish a City-wide eight thousand (8,000) pound weight limit on City streets unless otherwise designated. The City-wide 8,000 pound limit will not apply to streets under the jurisdiction of the Illinois Department of Transportation (IDOT), City designated truck routes or prohibited truck routes. Funding Source: N/A Summary: The proposed code amendment stems from aldermanic requests where staff was asked to determine if weight limits could be established for Oakton Street east of Dodge Avenue and for Church Street. In consideration of the request, staff noted that it would be more appropriate to establish a city-wide 8,000 pound weight to address any future requests for such designations. The proposed recommendation was discussed at the June 13, 2011 Administration and Public Works Committee meeting. The request for weight limit on Church Street was withdrawn by the 5th ward Alderman since a portion of Church Street is under IDOT jurisdiction. The 9th ward Alderman asked for clarification regarding “local pick up or delivery” allowed on non-truck routes. In addition, staff was asked to explore the problem surrounding the ability of larger trucks to make left turns from eastbound Main Street onto northbound Custer Avenue. Memorandum Page 332 of 563 In response to clarifying “local” the proposed ordinance defines local as one-half (1/2) mile distance on a non-truck route to provide service from the designated truck route. In addition, Public Works and Evanston Police Department met in the field at Main and Custer to observe the traffic patterns. While smaller trucks do not have issues making the turns, larger trucks do. Staff observed damage to the retaining wall at the northeast corner of the intersection for the Metra/Union Pacific rail line and sidewalk/bollards protecting a hydrant at the northwest corner. Staff believes this damage is due to large trucks having difficulty making left turns. To mitigate the situation, reconstruction of the retaining wall, geometric improvements to widen Custer Avenue, line of sight for pedestrian and vehicles and the drop off location for the post office would need to be evaluated. Historically, residents have expressed concerns about trucks, even on major streets. These concerns are primarily due to vibration and noise caused by trucks going over uneven street surfaces. The Illinois Vehicle Code states that local authorities can control the use of roadways within its jurisdiction by trucks and other commercial vehicles (625 ILCS 5/15-316(c)). Local authorities, such as the City of Evanston, can impose limitations on the weight of certain trucks and commercial vehicles on designated roadways and such designation shall be marked with appropriate signage. The 8,000 pound restriction would not apply to the designated truck routes per Section 10-11-16 and the streets that are under IDOT jurisdiction. Trucks should primarily use the identified routes, and only use the 8,000 pounds limit streets when they need to make delivery or provide service. Citywide weight limit signs would need to be posted on all approaches to the City. The following vehicle exemptions to the 8,000 pound limit are included in the proposed ordinance: • Vehicles owned and operated by governmental agencies; • Vehicles owned and operated by private utilities and emergency services vehicles; • Buses; • Vehicles engaged in the collection and removal of garbage or refuse; • Snow removal vehicles engaged in snow removal functions on any right-of-way; • Detoured vehicles. Attachment Ordinance 37-O-11 Page 333 of 563 8/31/2011 37-O-11 AN ORDINANCE Amending Various Portions of Title 10, “Motor Vehicles and Traffic”, related to Vehicles of Excessive Weight WHEREAS, Chapter 15 of the Illinois Vehicle Code, 625 ILCS 5/15 et al., authorizes local municipalities to regulate the size and weight of vehicles upon its roadways; and WHEREAS, Title 10 of the Evanston City Code (the “City Code”) sets forth standards and restrictions on the size, weight, and use of vehicles within the City; and WHEREAS, the City finds it to be in the best interests of persons traversing the City roadways to adopt the following ordinance to limit the weight of vehicles to 8,000 pounds or less on certain roadways in the City and to further regulate the use of City truck routes for vehicles exceeding said limit. NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 10-1-3 of the City Code, as amended is hereby further amended to add the following definition: “LOCAL PICKUP OR DELIVERY: The delivery of goods, wares and services leaving a city, State of Illinois or other jurisdictional truck route and using a non-truck route for no more than one-half mile to complete the delivery or pickup.” SECTION 2: That Subsection 10-1-9-2 of the City Code is hereby deleted in its entirety and replaced with the following: “COMMERCIAL VEHICLES OF EXCESSIVE WEIGHT PROHIBITED ON CERTAIN STREETS: (A) No motor vehicle having a total gross weight in excess of eight thousand (8,000) Page 334 of 563 37-O-11 pounds shall travel and operate on any city street except as further provided for in this ordinance. 1. Exempt Vehicles: The following vehicles are exempt from the provisions of this Subsection: a. Vehicles owned and operated by governmental agencies; b. Vehicles owned and operated by private utilities, emergency services vehicles, and fire apparatus vehicles; c. Buses; d. Vehicles engaged in the collection and removal of garbage or refuse; e. Snow and ice removal vehicles engaged in snow removal functions on any right-of-way; or f. Detoured vehicles. 2. Pickups and Deliveries: The operation of said motor vehicles having a total gross weight in excess of eight thousand pounds (8,000 pounds) is permitted on any roadway in the City for local pickup or delivery, where the destination is not on a Truck Route (as designated in Section 10-11-16, Schedule XVI(A)), provided that ingress and egress thereto or therefrom is accomplished in the following manner: a. Said vehicles shall utilize the designated Truck Routes to the point closest to the local delivery or pickup. b. Upon leaving or returning to the Truck Route, said vehicles shall utilize the shortest route available on non-Truck Routes when necessary for the completion of the local delivery or pickup, said distance traveled on non- Truck Route shall be within one-half mile of leaving the Truck Route. c. In making consecutive local deliveries or pickups to points not on Truck Routes, said vehicles may proceed on roadways other than Truck Routes only if: the distance traveled on non-Truck Routes as a result of this routing would be less than if the vehicle had returned to a Truck Route and then proceeded to the next delivery point, as specified above. 3. Operational constraints: Vehicles may use the non-truck routes when physical characteristics of the street, intersection, or viaduct cause operational or safety problems to reach the final destination within the parameters set forth in this Subsection. 4. Posting of Truck Routes: The City Manager or his or her designee shall cause all of the truck routes designated in Section 10-11-16, Schedule XVI(A), which are within the jurisdiction of the City, to be posted by the erection and maintenance of appropriate signs. With respect to truck routes within the jurisdiction of any authority other than the City, the City may erect signs at the direction of the proper authority. ~2~ Page 335 of 563 37-O-11 5. Other Jurisdictions, Conflict: Nothing in this Section shall be construed as permitting the operation of trucks over routes within the jurisdiction of the State of Illinois, Cook County or any other unit of government to the extent that such operation is otherwise regulated by the ordinances, resolutions, rules or regulations of such authority. SECTION 3: That Schedule XIII, “Commercial Vehicles of Excessive Weight Prohibited From Using Certain Streets,” found in Section 10-11-13 of the City Code is hereby deleted in its entirety. SECTION 4: That ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: That this Ordinance 37-O-11 shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 6: That if any provision of this Ordinance 37-O-11 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 37-O-11 that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 7: That the findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2011 Adopted:___________________, 2011 Approved: __________________________, 2011 _______________________________ Elizabeth B. Tisdahl, Mayor ~3~ Page 336 of 563 37-O-11 ~4~ Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel Page 337 of 563 For City Council meeting of September 26, 2011 Item A19 Ordinance 50-O-11: Amending Titles 3 and 7 of the Evanston City Code For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 50-O-11, Provisionally Adopting, Enacting and Re-enacting Titles 3 and 7 of the Evanston City Code Date: August 31, 2011 Recommended Action: Staff submits for review and consideration adoption of Ordinance 50-O-11 provisionally amending the following Titles to the Evanston City Code: Title 3, Business Regulations; Title 7, Public Ways The appropriate motion to adopt this Ordinance is: “I move to adopt Ordinance 50-O-11, the provisional ordinance related to amendments to Titles 3 and 7 of the Evanston City Code”. This ordinance was introduced at the September 12, 2011 City Council meeting. Summary: Introduction The current City Code was last codified in 1979, and in our work on this project we learned that the 1979 codification was primarily technical in nature. Thus, the Code has been amended and revised on a piecemeal basis for as long as we can tell, going all the way back to 1957. Recognizing the need for a modern revision became readily apparent in 2009. To this end, the Law Department worked with all City departments to perform a detailed evaluation and review. While the proposed revisions are broad and comprehensive, certain sections of the Code, such as Title 6 – Zoning, and Liquor Licensing, fall outside of the parameters of the proposed revisions, as those revisions will be heavily substantive or require separate hearings. The Code revision process and Council review of same is scheduled to occur in phases up to the September 26, 2011 Council meeting. At the completion of the review stage, a subsequent ordinance adopting and re-codifying the entire Code will be presented. Upon approval, our codifier will codify and reproduce the “Evanston City Code, 2011” Memorandum Page 338 of 563 2 General Changes Modernizing the Code included removing gender bias by using both masculine and feminine terms. Repetitious and sometimes contradictory language was simplified by rewording and eliminating duplicative provisions. Other stylistic and wording changes were made to clarify text. Many amendments reflect changes in the names of departments and position titles. Lastly, re-numbering certain Chapters and Sections was necessary where we removed references to previously deleted/repealed Code provisions. These non-substantive changes are obvious and will not be summarized in further detail in this report. Summary of Proposed Substantive Changes Title 3 Chapters 1 and 27 (amended numbering) contain the bulk of substantive changes to Title 3. These are the City’s general license and business license provisions. The necessity for this clarification was highlighted in the past year with respect efforts to revoke or decline to transfer the licenses of problem businesses. The revised provisions clarify the City Manager or other designee’s discretion to deny license applications or to suspend or revoke existing licenses, in accordance with accepted principles of due process: notice and pre- or post- decision hearing, depending on whether summary action is justified based on ongoing threats to public health, safety, or welfare. Subsection 27-11 provides for a set of procedures for such hearings to be made available upon request. Chapter 3, Weights and Measures, has been removed entirely. State law regulates extensively in this area; see 225 ILCS 470/1 et seq. The state law continues to delegate powers to a city inspector of weights and measures, id. § 470/19, so the City’s role is preserved. However, a separate City ordinance is not necessary, especially given the age of the provisions in Chapter 3 (50+ years). Also omitted are antiquated business licensing provisions that are not in use and have not been for years: “carters,” in former Chapter 22; self-service dry cleaning machines in former section 3-8-10-2 (note that dry cleaning businesses continue to be licensed and regulated), and “minstrel shows”/ “sideshows” in former sections 3-7-1 & 7-4. Former chapters 10 (Roller-skating Rinks), 26 (Farmer’s Marker Commission,), and 33 have been entirely deleted due to lack of use, repeal, and consolidation, respectively. Re-numbering the remaining chapters and sections occurred as a result. Various sections (3-2-9-5, 3-2-9-8, 3-2-9-9, 3-2-12-8) have been revised to remove a misdemeanor conviction as a penalty for non-compliance with tax or licensing provisions, because misdemeanors must prosecuted in Circuit Court. The offenses remain punishable by fines to allow for prosecution in the Administrative Hearings Division. Various provisions in Title 3 make reference to tax collection or enforcement responsibilities vested in the Finance Director or Finance Department. In the present Page 339 of 563 3 code revision, no changes have been made, pending the final restructuring of the Administrative Services Department and the creation of a C.F.O/ Treasurer position. Future changes will likely be necessary to Title 3 to precisely identify the officials responsible for the administration/ enforcement of tax and licensing provisions found throughout the Title. No substantive changes have been proposed in the area of liquor control regulations, Chapter 4 (as renumbered), although there is an ongoing effort to comprehensively amend and streamline these provisions—for example by reducing the total number of classifications if feasible. Title 7 Chapter 1, which establishes the Public Works Department and its responsibilities, was amended to remove control of the waterworks and sewer system, now managed by the Utilities Department (see Chapter 12), and to reflect the changes to the Subdivision ordinance included in 31-O-11, adopted May 9, 2011. Subsections 7-2-4-3 (p.3) and 7-2-5-4 (p.6) represent the first of numerous provisions that were amended to remove outdated bond or permit fee amounts and allow the Public Works Director to set the appropriate amount for each project. Further such replacements shall not be noted in this memorandum. Subsection 7-2-5-1 (p.4) creates a general definition of “right-of-way” for Title 7. Subsection 7-2-5-10-(B) (p.9) is the first of several provisions wherein the named penalty was a misdemeanor conviction, which must be heard in Circuit Court, and is now replaced with a monetary fine that can be assessed in Administrative Hearings. Further such replacements shall not be noted in this memorandum. Subsection 7-2-9-2 (p.27) increases the fine for illegal construction that blocks the public right-of-way. Subsection 7-2-9-3 (pp.27-28) clarifies that ice and snow on public sidewalks are regulated by Title 7, whereas ice and snow on private property are regulated by the Property Maintenance Code in Title 5. Moreover, the amendments allow the City to clear public sidewalks when the adjacent owner fails to do so, and lien the property for the related costs. While not substantively amended at this time, Subsection 7-2-12-1 (p.29) may be subject to future revisions to create stronger loitering regulations. Section 7-2-13 (p.31) was amended to remove outdated regulations regarding open air meetings that contained free speech implications. Section 7-3-11 (p.40), which regulates “newsstands,” was deleted in its entirety because Section 7-3-17 contains better justified and more thorough and enforceable regulations of “newsracks.” Subsequent Sections were re-numbered accordingly. Page 340 of 563 4 Section 7-3-14 (p.41) was deleted in its entirety because it could be interpreted to create an affirmative duty for police officers with respect to city sidewalks, which would distract from their law enforcement duties. Subsequent Sections were re-numbered accordingly. Subsection 7-4-1 (pp.48-49) was amended to place the responsibility for obtaining insurance to cover a lawn sprinkler installation on the installer instead of the homeowner, and to limit the City’s liability for sprinklers, installed in the parkway, that are damaged during City work in the parkway. Section 7-6-2 (pp.54-55) was amended at the request of the Public Works Department to require that building numbers be four inches (4”) tall rather than three inches (3”). Subsection 7-7-5-(B) (p.56) was deleted in its entirety because it anachronistically allowed the City to require flag operators at railroad crossings. Subsequent Subsections were re-numbered accordingly. Section 7-10-4 (p.98) was amended to clarify that sledding, tobogganing, skiing, and snowboarding in James Park are hazardous recreational activities as defined in the Tort Immunity Act and that participants do so at their own risk. This new language should better protect the City against claims arising out of such activities. Subsection 7-10-8-(E)-5 was amended to remove codified limits on the City’s authority to deny park permits. Subsection 7-11-7-(C)-6 (pp.118-119) was amended to remove outdated water permit requirements. Section 7-12-1 (p.122) was amended to establish the Utilities Department in the Code. Section 7-12-16 (pp.134-140) was amended extensively at the request of the Utilities Department. That Section regulates cross connections, and, at present, the City requires the property owner to collect proof from the contractor connecting to the public water supply that said contractor is licensed by IEPA. The proposed amendments would require the contractor to provide that information directly to the City and obtain a City-issued license before he/she could perform such a connection. Section 7-15-5 (pp.154-155) was amended to allow the City to hire workers to complete public improvements left unfinished by the contractor, when the cost exceeded the allocated amount, if failure to do so would create an emergency situation. Subsection 7-17-22-(E) (p.191) was amended to remove an unnecessary appeals process for utilities denied a variance to the right-of-way ordinance regulations. Instead, they may seek Administrative Review in Circuit Court. Attachments: Ordinance 50-O-11 Due to length, proposed Ordinance 50-O-11 with blackline revisions to Titles 3 and 7 are included on the City Council Agenda & Minutes Webpage with the Council agenda packet as a separate document. Page 341 of 563 7/11/2011 50505050----OOOO----11111111 AN ORDINANCEAN ORDINANCEAN ORDINANCEAN ORDINANCE Provisionally Adopting, Enacting, and Re-enacting New and Amended Code Provisions to Titles 3 and 7 of the City of Evanston Code of Ordinances; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing for the Manner of Amending Such Title; and Providing When Such Title and this Ordinance Become Effective WHEREAS, the City of Evanston, Cook County, Illinois, (the “City”) is a home rule unit of government under the Illinois Constitution of 1970; and WHEREAS, the City adopted an Evanston City Code in 1979 for the purpose of carrying into effect and discharging all powers and duties conferred by law upon the City and its officers, employees, and residents; and to promote the public health, safety, and welfare of its residents; and WHEREAS, the City Council finds and determines that the current City Code needs to be significantly amended and updated to satisfy its purpose; and WHEREAS, the City Council finds and determines that the purpose of the City Code will be accomplished by provisionally adopting these 2011 amendments and revisions; and WHEREAS, these provisional approvals and enactments are intended to be subject to a final City Council review and approval, and the City Council will adopt a revision and codification of the entire City Code (excepting Title 6), later this year. NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: Page 342 of 563 50-O-11 ~2~ SECTION 1: That Title 3 and 7 of the Evanston City Code of 1979, as amended, are hereby provisionally amended as set forth, respectively, in Exhibit A, “Title 3 Amendments and Revisions”, and Exhibit B, “Title 7 Amendments and Revisions”, attached hereto and incorporated herein by reference. SECTION 2: All ordinances of a general and permanent nature enacted on or before the date of this provisional adoption continue in full force and effect and are not repealed or affected by this Council action. SECTION 3: Additions or amendments to the Code when passed in such form as to indicate the intent of the City Council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. SECTION 4: Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been adopted or repealed by a subsequent ordinance. SECTION 5: This Ordinance shall not become effective. It is a provisional policy expression which is expressly subject to and conditioned upon final review and recommendation by the City Council. Upon such final review and recommendation by the City Council, the amendments and revisions in Section 1 hereof shall be adopted via a subsequent and separate ordinance “Adopting the Evanston City Code, 2011.” Page 343 of 563 50-O-11 ~3~ Introduced:_________________, 2011 Provisionally Adopted:___________________, 2011 Approved: _________________________, 2011 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel Page 344 of 563 50-O-11 ~4~ EXHIBIT A Title 3 Amendments and Revisions Page 345 of 563 50-O-11 ~5~ EXHIBIT B Title 7 Amendments and Revisions Page 346 of 563 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, September 26, 2011 7:15 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston City Council Chambers AGENDA I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN WILSON, CHAIR II. APPROVAL OF REGULAR MEETING MINUTES OF September 12, 2011 III. ITEMS FOR CONSIDERATION (P1) Ordinance 80-O-11 Amending the Approved Planned Development for 1700- 1722 Central Street (7-O-7) The Site Plan and Appearance Review Committee and staff recommend approval of Ordinance 80-O-11 amending the approved planned development (7-O-07) for 1700- 1722 Central Street. The Site Plan and Appearance Committee recommendation was based on a proposal of 78 units. The unit count has been requested to increase from the approved 51 units to 80 units. The on-site parking has been proposed to decrease from 100 spaces in the approved PD to 81 spaces, including one space for a car-sharing vehicle. For Introduction (P2) Hearing: Appeal of the Decision of the Sign Review and Appeals Board Made on the Wall Sign Variation Requested by Office Depot Office Depot has filed a request for an appeal of the decision of the Sign Review and Appeals Board on July 25, 2011 concerning a sign variation for Office Depot store at 2722 Green Bay Road. At the August 8, 2011 meeting the Planning and Development Committee set the date of September 26, 2011 for a hearing to occur on the appeal. For Action Page 347 of 563 Planning & Development Committee Meeting Agenda Page 2 of 2 September 26, 2011 (P3) Ordinance 75-O-11, Granting a Special Use for a Type 2 Restaurant at 1701 Sherman Avenue in the D2 Downtown Retail Core Zoning District Staff and the Zoning Board of Appeals (ZBA) recommend the adoption of ordinance 75-O-11, granting a special use permit for the operation of a type 2 restaurant at 1701 Sherman Avenue. Warren Johnson Architects Inc., on behalf of Pret A Manger contract lessee, applied for a special use permit to operate a type 2 restaurant, “Pret a Manger.” This ordinance was introduced at the September 12, 2011 City Council meeting. For Action IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Page 348 of 563 Planning & Development Committee Meeting Minutes of September 12, 2011 City Council Chambers – 7:15 p.m. Lorraine H. Morton Civic Center ALDERMEN PRESENT: J. Fiske, D. Holmes, A. Rainey, D. Wilson, M. Wynne STAFF PRESENT: Ald. P. Braithwaite, Ald. Burrus, G. Farrar, C. Godwin, Ald. Grover, S. Griffin, C. Hanawalt, D. Marino, B. Newman PRESIDING OFFICIAL: Ald. Rainey I. DECLARATION OF QUORUM A quorum being present, Chair Wilson called the meeting to order at 7:31 p.m. II. APPROVAL OF THE AUGUST 8, 2011 MEETING MINUTES Ald. Fiske moved approval of the minutes, seconded by Ald. Wynne. The minutes of the August 8, 2011 meeting were approved unanimously 5-0. III. ITEMS FOR CONSIDERATION (P1) Ordinance 75-O-11: Granting a Special Use for a Type 2 Restaurant at 1701 Sherman Avenue in the D2 Downtown Retail Core Zoning District Staff and the Zoning Board of Appeals (ZBA) recommend the adoption of ordinance 75-O-11, granting a special use permit for the operation of a type 2 restaurant at 1701 Sherman Avenue. Warren Johnson Architects Inc., on behalf of Pret A Manger contract lessee, applied for a special use permit to operate a type 2 restaurant, “Pret a Manger.” For Introduction Ald. Wynne moved approval, seconded by Ald. Fiske. Yvonne Gilbert, the architect explained that the ingredients are delivered in the morning and the food is ready made for pickup, not made to order. The Committee voted unanimously 5-0 to introduce Ordinance 75-O-11. (P2) Ordinance 77-O-11, Proposed Amendment to the Existing Approved Planned Development at 1100 Clark Street/1719 Ridge Avenue Staff and the Site Plan & Appearance Review Committee recommend approval of the proposed amendment, Ordinance 77-O-11, to the existing approved planned development for 1100 Clark Street/1719 Ridge (Ordinance 5-O-04 as amended by Ordinance 125-O-05). Focus Development has proposed constructing a 175 unit rental development on the vacant lot that is part of the approved planned development commonly known as the Sienna Development. DRAFT – NOT APPROVED Page 349 of 563 Planning & Development Committee Meeting Minutes of 9-12-11 Page 2 of 7 Suspension of the Rules is requested for Introduction and Action at September 12, 2011 City Council meeting. For Introduction and Action Chair Wilson called the public who wished to speak to the podium: Bob Canizaro of 1800 Ridge, Evanston, IL, said some residents of his building were concerned about • The increase in density • Whether the setback change would align with the existing building • Whether decreased setback will affect visibility for traffic turning from Ridge east onto Clark • Why they were proposing 75% 1 bedrooms and 25% 2 bedrooms David Reifman of DLA Piper, Justin Pellai of Focus Development and George Halik, Architect of Booth Hansen presented information and the revised plans for “1717 Ridge Apartments”: • Focus has been the developer of several residential buildings in Evanston including: o Sherman Plaza o The Reserve o Church St. Station o 811 Chicago • Property is currently owned by an affiliate of Inland Bank • Developer has met 7 or 8 times with the condo association and Ald. Braithwaite, who are in support of the project • The current conditions of the property pose many issues to the community including: o Flooding o An unsightly 2-story hole in the ground o An ADA issue for condo owners that was not resolved before the previous developer went bankrupt • 175 Luxury units are proposed (condo level finishes) averaging 850 sq. ft. (42” cabinets, granite counters, etc.) • Propose to increase number of units from 256 to 286, less than the permitted 287 • Propose to reduce parking spaces from 365 to 354, but also creating more 1 bedroom units than previously proposed • F.A.R. increase from 2.0 to 2.25 is a technical issue • Propose decrease in setback from 12’ to 7’4” on Clark; decrease in setback from 20’ to 13’ on Ridge • 8 stories: no modifications to height or lot coverage • All units have balconies (recessed balconies on north and south sides) • Pool and amenities to be accessed in plaza at 3rd level and to include a pavilion, fitness center and cyber café, also accessible and available to condo owners • Parking: 16 on-grade level spaces accessed through alley; XX underground spaces access from Clark • Loading dock off alley • Materials to match existing condos: Buff-colored brick with stone on base and painted steel or natural anodized aluminum windows (matching existing) • Glass balconies: can be frosted to hide stored items Page 350 of 563 Planning & Development Committee Meeting Minutes of 9-12-11 Page 3 of 7 • Top floor to be all glass • Mr. Pellai assured Ald. Wynne that the lighting fixtures would be condo quality • Mr. Pellai assured Ald. Fiske that there would be rules in place to prevent the building from looking unsightly and there will be an on site leasing manager and engineer • Public Benefits: o LEED Silver Project o Project makes a contribution to the local economy o Generates $500,000 in property taxes o Includes 9 additional affordable units • Property is under contract • Mr. Pellai thanked City staff for their help in progressing to this point • Mr. Halik said as an Evanston resident and the architect, he is proud to be part of this project • Propose to begin project in November, 2011 and being occupancy November, 2012 • In response to Ald. Fiske’s inquiry, Mr. Pellai said there are no plans to convert the building to condo; the intent is to build rental units, as their market research has indicated a need for rental units. Ald. Braithwaite confirmed that the condo residents are in support of the project. He thanked the neighbors for their passion about the project. He said Focus Development has been diligent about addressing the residents’ issues and that the ADA issue has been resolved. He added that the project will generate $55,000 in permit fees Ald. Rainey moved approval, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to recommend approval of Ordinance 77-O-11 and suspension of the rules. (P3) Application for a Special Use for a Bed and Breakfast (B&B) at 300 Church Street in the R1 Single-Family Zoning District The Zoning Board of Appeals recommends to the City Council to deny the application for a special use permit to operate a Bed and Breakfast at 300 Church Street. The Site Plan and Appearance Review Committee and Staff declined to make a positive recommendation due to practical concerns about parking. A draft ordinance will be provided at a future meeting if the Planning and Development Committee and City Council disagree with the ZBA’s recommendation to deny. For Action Chair Wilson called the public who wished to speak to the podium: Kent Swanson of 1630 Judson and a partner in the John Buck Co., spoke in favor of the B&B: • It is being a good neighbor • Pritzker has done great restoration jobs • Positive alternative to hotel lodging • Positive impact on economic development Page 351 of 563 Planning & Development Committee Meeting Minutes of 9-12-11 Page 4 of 7 • Would increase home values through the appraisal process John Henderson of 115 Dempster for 20 years spoke against the B&B: • Commercial enterprise in a residential community • Would add noise and traffic • Doesn’t follow the intent of the ordinance • Sets a dangerous precedent • Changes atmosphere of the residential area • Reduce property values where there is no problem with property values in this area Rick Blabolil of 2325 Forestview for 30 years spoke in favor: • Need for creative opportunities to maintain and improve the economy • Number of cars will not offset parking • Noise level will not be increased by 4 units in the B&B Candace Kuzmarski of 1430 Sheridan for 20 years spoke against: • Neighbors have been fighting for 20 years to keep the area single family, being very close to a commercial district • Appraisal of a commercial property wouldn’t be used to compare to single family homes in the area Barbara Janes of 802 Colfax spoke against: • Wants to ensure housing standards are preserved • Shocked that City allows a basement with a kitchen to be used as an apartment; once it is allowed it will be difficult to remove: concerned about starting a precedent • Ordinance says owner-occupied, and this is not Jeannne Lindwall, representing Bob Atkins, President of Northwestern University Neighbors, spoke against: • They have been fighting commercial intrusions in this residential area • Concerned about precedent this B&B would set with basement apartments in homes • Concerned about parking and noise • Does not think the ZBA’s recommendation should be overturned unless they are in legal error Bob Barr of 1144 Asbury, representing the Evanston History Center at 225 Greenwood spoke in favor: • The B&B supports the History Center’s deep interest in renovation and preservation of homes • It will encourage tourism to Evanston Jan Halperin who works at the Evanston History Center spoke in favor: • The B&B will support historic tourism and welcome visitors to Evanston Ted Struve of 800 Elgin spoke against: Page 352 of 563 Planning & Development Committee Meeting Minutes of 9-12-11 Page 5 of 7 • Referred to a nice family who bought a single family home on Washington instead of a party who wanted to open a B&B Chris Ernst, who lives within 1 block of the proposed B&B, spoke against: • No one involved in the proposed B&B is a home owner • Concerned that it will set a precedent that anyone who is not a homeowner can open a B&B • City code does not address this type of B&B • City will lose hotel tax and won’t be able to regulate this type of B&B • This is a violation of the ordinance because it is not a B&B but a hotel Paul Brown of 1629 Judson, whose garage is across the alley, spoke in favor: • Not worried about property values going down, in fact in might improve them • Not a commercialization of the neighborhood • Not worried about parking • Not worried about noise Andrew Scott, representing Evergreen, LLC (the proposed B&B owner), introduced Paul Janecke, Architect and Mary Lindberger, Professional Apprasier, and argued in favor: • There is no language giving intent within the ordinance • The City’s Corporate Counsel has said the proposed B&B meets the owner occupied requirement, as an LLC is the occupant and owner • LLC’s mitigate liability and taxes and he would advise any “Mom and Pop” to become one if they were opening a B&B; there is nothing nefarious about operating the B&B as an LLC • Regarding the basement, only the operator will be sleeping in the basement and they will remove the kitchen, if necessary; she will live in the 1st 2 floors, with 5 guest bedrooms upstairs • The City has regulations in place to ensure there is not a propagation of B&B’s in Evanston because the cumulative effect must be reviewed by Council • The regulation also states that the market dictates the need • Colonel Pritzker intends to make a significant investment in this home • Regarding Mr. Struve’s comment, this is not a hotel, as the proposed use is consistent with what is already compatible with single family home use • Regarding Ms. Lindwall’s comment, they would be operating within the confines of the Evanston Municipal Code; let the City worry about the taxes • Regarding parking, there would be 3 spaces on site and another can be leased across the alley; a parking consultant was retained and concluded that there would not be negative impact • Mr. Brown, living 500’ from the property is not concerned • Ms. Lindberger, a professional appraiser has concluded that the B&B will not negatively impact property values Ald. Rainey argued in favor: • The Preservation Commission approved the project • Commended Colonel Pritzker’s magnificent preservation of his own home and added that he said he is going to make the B&B as nice. • The fact that it is a special use means that it is an acceptable use, based on the Page 353 of 563 Planning & Development Committee Meeting Minutes of 9-12-11 Page 6 of 7 terms and conditions • No one will be more impacted than Colonel Pritzker • To say 5 cars will impact the parking situation is stretching it. • There are hardly any B&B’s in Evanston • The issues raised against it were fake • The clientele will be exactly who Evanston wants to visit the history museum and restaurants • It is a perfect use for this beautiful home Linda Cooper of 420 Church spoke against: • Concerned that people who use the park feel welcomed • Concerned that older, feeble people will have to manipulate their way around the B&B guests Ald. Rainey said she would encourage Council to overturn the ZBA’s recommendation. Ald. Fiske argued: • The issue lies in what the ZBA identified as a commercial use in a residential zone, since 90% of the ownership does not live on the site • She is concerned with the aggressive marketing referred to by the owner Ald. Wynne argued against: • Of the two illegal B&B’s that she knew of in Evanston (that are no longer in existence to her knowledge), they were exactly what the ordinance stipulates: owners lived there and rented out some rooms; her objection is that the owner will not live there. • The ordinance needs to be rewritten to define ownership • She asked for clarification as whether special uses run with the land or whether they can be applied only to the applicant • Agrees with neighbors’ concerns about basement apartments • Neighbors have fought hard against widening Forest Avenue and keeping the neighborhood single family homes • Requested that the Legal Dept. do a better analysis of the special use or find a way to limit this special use to the proposed operator • She argued that Evanston is friendly to other businesses joining the community, noting the work the Economic Development Division is doing to encourage businesses to come to Evanston, so this is not a message that it is not business friendly Chair Wilson concluded the discussion with the following points: • The community is faced with falling victim to the original ordinance • Both sides have legitimate concerns • The Council must resolve the issue with what is best Ald. Fiske moved to uphold the ZBA’s recommendation to deny the special use, seconded by Ald. Wynne. The Committee voted by majority 3-2 with Ald. Wynne and Fiske voting to Page 354 of 563 Planning & Development Committee Meeting Minutes of 9-12-11 Page 7 of 7 uphold and Ald. Rainey and Holmes and Chair Wilson voting not to uphold the ZBA’s recommendation to deny the special use. IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT The meeting was adjourned at 9:10 p.m. Respectfully submitted, Bobbie Newman Page 355 of 563 For Planning & Development Committee meeting of September 26, 2011 Item P1 Ordinance 80-O-11: Amending the Approved Planned Development for 1700-1722 Central Street For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Steve Griffin, Director, Community and Economic Development Dept. Dennis Marino, Manager, Planning & Zoning Division Subject: Ordinance 80-O-11 Amending the Approved Planned Development for 1700-1722 Central Street (7-O-7) Date: September 20, 2011 Recommended Action The Site Plan and Appearance Review Committee and staff recommend approval of Ordinance 80-O-11 amending the approved planned development (7-O-07) for 1700-1722 Central Street. The site is currently vacant and unproductive and needs to be developed in order to strengthen the Central Street Corridor east of the Metra tracks. The Site Plan and Appearance Committee recommendation was based on a proposal of 78 units. Discussion In 2007 the City Council approved a mixed use residential and retail planned development (PD) for 1700-1722 Central Street in the B2 zoning district. The approved PD was proposed to include 51 dwelling units and not less than 11,130 sq. ft. of retail/office on the ground floor. The project was intended to be a transit-oriented condominium and retail development. After the developer demolished the former movie theaters, retail space and house that occupied the site, the economy collapsed and the developer graded and seeded the site. The developer, Robert Horne, now requests City Council approval of an amendment to the approved planned development to allow 80 dwelling units and no less than 10,500 sq. ft. of and no more than 11,250 sq. ft. of commercial space to be retail and restaurants. The revised proposal does not exceed the building height, total project square footage or floor area ratio approved by the PD Ordinance in 2007. It also maintains the mixed use character as in the approved planned development. Memorandum Page 356 of 563 The proposed changes that require the consideration of an amendment to the PD are the proposed changes to the number of dwelling units and the proposed changes to the number of on site parking spaces. The unit count has been requested to increase from the approved 51 units to 80 units. The proposed on site parking has been proposed to decrease from 100 spaces in the approved PD to 81 spaces, including one space for a car-sharing vehicle. The applicant’s request to not provide any commercial parking spaces on site is supported by the parking and traffic study (attached) completed by KLOA, the applicant’s traffic and parking consultant. In addition, the applicant has provided a letter from a commercial property owner across the street from the subject property stating his willingness to lease parking spaces to the applicant for use by customers of his retail spaces (attached). As indicated by the KLOA study, ample off site parking is available on Central Street. The on street parking spaces east of the Metra embankment are not occupied by commuters when retail and restaurant usage is at its peak. Other off site parking on private lots may be available as needed. The provision of 80 spaces to match 80 units on a 1 to 1 basis matches actual experience with other comparable recent rental development near rapid transit. The addition of a car sharing vehicle by the developer also supports the 1 to 1 parking ratio at this site for a rental development. The applicant will continue to adhere to other conditions included in the approved PD adopted in 2007 including a payment to the Affordable Housing Fund, undergrounding of utility services, the provision of wooden fencing for other properties along the alley as specifically stated in the approved Ordinance and appropriate lighting controls and streetscape improvements. The revised project will generate substantial building permit fees for the City estimated to be $300,000 and aggregate annual real estate taxes estimated to be $235,000 for what is now a vacant site. The applicant has also requested that the City consider making Eastwood two way instead of one way but only to the southern edge of the west alley. This would improve traffic flow in the neighborhood. This would be separately considered by City Council in the form of an ordinance once the development is under construction. Staff has favorably reviewed this request. The proposed project would include M&R Development and Management as a managing partner. This firm has considerable experience managing approximately 8,000 rental apartment units in the Chicago and Minneapolis metropolitan areas. Another major consideration for the project is its potential positive impact economically on the Central Street Corridor including existing businesses and periodically vacant commercial spaces, especially east of the Metra tracks. For many years this part of Central Street has been the subject of concern because it lacks the vitality of Central Street west of the Metra tracks. The lack of critical mass of people east of the tracks threatens the viability of some existing businesses, restricts commercial property value appreciation and represents a continuing missed opportunity for appropriate economic Page 357 of 563 development. The legislative history of the adoption of the PD in 2007 included this concern and prospect for this part of Central Street. The subject development at 1700-1722 Central Street would enhance Central Street by introducing 80 households that would help support existing businesses and likely generate new attractive retail, restaurants and other allowed commercial uses east of the Metra tracks. Legislative History Ordinance 7-O-07 was adopted on February 12, 2007. The Plan Commission recommended approval of the project in 2007. Attachments Ordinance 80-O-11 including: Exhibit A: Ordinance 7-O-07 Exhibit B: Legal Description Exhibit C: Revised Site Plan Exhibit D: Public Notice of September 26, 2011 Planning & Development Committee meeting Letter from Developer KLOA Executive Summary of Parking Study KLOA Parking Study Revised Zoning Analysis 1700-1722 Central Letter from Central Street Property Owner Regarding Parking Page 358 of 563 9/22/2011 80-O-11 AN ORDINANCE Granting Major Adjustments to the Approved Planned Development Located at 1700-1722 Central Street WHEREAS, the City of Evanston, Cook County, Illinois, (the “City”) is a home rule unit of government under the Illinois Constitution of 1970; and WHEREAS, Article VII, Section 6a of the Illinois Constitution of 1970 confers certain powers upon home rule units, among which are the powers to regulate for the protection of the public health, safety, and welfare; and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and WHEREAS, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code, 1979, as amended, (“the Zoning Ordinance”); and WHEREAS, on March 5, 2007, the City enacted Ordinance 7-O-07, attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, pursuant to the provisions of the Zoning Ordinance, Ordinance 7-O-07 granted a Special Use Permit for a Planned Development in the B2 Business Zoning District for the property located at 1700-1722 Central Street, Evanston, Illinois (the “Subject Property”), which is legally described in Exhibit B, attached hereto and incorporated herein by reference; and WHEREAS, due to economic forces not attributable to any act or omission by the City, the Planned Development has yet to be constructed; and Page 359 of 563 80-O-11 ~2~ WHEREAS, Eastwood of Evanston, LLC (“the Applicant”), owner of the Subject Property, submitted a proposed site plan (the “Revised Site Plan”), attached hereto as Exhibit C and incorporated herein by reference, which would govern the construction and operation of said Planned Development; and WHEREAS, in order to construct the Planned Development in accord with the Revised Site Plan, the Applicant requests Major Adjustments to the Planned Development authorized by Ordinance 7-O-07; and WHEREAS, Ordinance 7-O-07 is a piece of legislation enacted by the City Council of the City of Evanston, subject to revision only by said City Council; and WHEREAS, on June 7, 2011, Jane Grover, Alderman of the Seventh Ward of the City of Evanston, wherein the Subject Property is located, held a public meeting to discuss the Revised Site Plan with neighborhood and City residents; and WHEREAS, on September 26, 2011, the Planning and Development Committee (“P&D Committee”) of the City Council held a meeting, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.) and before which the City mailed a notice, a copy of which is attached hereto as Exhibit D and incorporated herein by reference, to all owners of real property located within one thousand feet (1,000’) of the Subject Property, during which it considered the Revised Site Plan; and WHEREAS, during said meeting, the P&D Committee received exhaustive input from the public, carefully deliberated on the Revised Site Plan, and found that the Revised Site Plan is in substantial conformity with the original development plan with respect to building dimensions, floor area ratio, off-street loading, and rear yard setback; and Page 360 of 563 80-O-11 ~3~ WHEREAS, the P&D Committee ultimately recommended approval of the Revised Site Plan by the City Council; and WHEREAS, at its meetings of September 26, 2011 and October 10, 2011, the City Council considered the recommendation of the P&D Committee, received additional public comment on the matter, made certain findings, and adopted said recommendation; and WHEREAS, it is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747), NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: That the City Council hereby accepts the Revised Site Plan in order to allow the construction and operation of a Planned Development on the Subject Property pursuant to Ordinance 7-O-07, as revised by this Ordinance 80-O-11. SECTION 3: That, pursuant to Subsection 6-3-6-12-(C) of the Zoning Ordinance, the City Council hereby grants the following Major Adjustments to the Planned Development approved by Ordinance 7-O-07: (A) The maximum number of dwelling units is increased from not more than fifty-one (51) to not more than eighty (80). (B) The number of open off-street parking spaces is reduced from nineteen (19) to one (1), with said space reserved for a vehicle from a car-sharing organization (e.g., I-GO, ZipCar). The Applicant shall construct eighty (80) enclosed off-street parking spaces for residential uses. Page 361 of 563 80-O-11 ~4~ (C) The Site Development Allowance allowing the nineteen (19) open off-street parking spaces to be located within two feet (2’) of the southern edge of the Subject Property, set forth in Section 5(E) of Ordinance 7-O-07, is hereby deleted in its entirety due to the elimination of said spaces. (D) The rear yard setback from the alley along the southern edge of the Subject Property is increased from one and one-half feet (1.5’) to five feet (5’). (E) The minimum area of the retail/commercial space is decreased from approximately eleven thousand one hundred thirty square feet (11,130 ft2) to approximately ten thousand five hundred square feet (10,500 ft2). The maximum area for the retail/commercial space shall remain eleven thousand two hundred fifty square feet (11,250 ft2). SECTION 4: That, in return for the Applicant agreeing to donate no less than sixty-six thousand, three hundred dollars ($66,300.00) to the City’s Affordable Housing Fund, the City Council hereby releases the Applicant from the affordable housing condition set forth in Subsection 6(B) of Ordinance 7-O-07. The Applicant shall make said donation before it may apply for a temporary certificate of occupancy (“TCO”) for any residential space in the Planned Development to be constructed on the Subject Property pursuant to the terms of Ordinance 7-O-07, as amended by this Ordinance 80-O-11. SECTION 5: That the City Council hereby revises Subsection 6(D) of Ordinance 7-O-07 to read as follows: The Applicant agrees and commits to bind the Applicant’s successors in title to the Subject Property to removing snow from the Alley from Eastwood Avenue to the west property line of the Subject Property, whenever there is a snowfall of at least four inches (4”). Such commitment shall be contained in the any future Declaration of Condominium for the Subject Property and shall not be subject to amendment or termination without the consent of the City. SECTION 6: That, pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit for a Planned Development, violation of any of which shall constitute grounds for revocation thereof pursuant to Subsection 6-3-10-6 of the Zoning Ordinance: Page 362 of 563 80-O-11 ~5~ (A) Compliance with Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with the terms of this ordinance, all applicable legislation, with the testimony and representations of the Applicant to the Site Plan and Appearance Review Committee, the P&D Committee, and the City Council, and the approved plans and documents on file in this case. (B) Recordation: The Applicant shall, at its cost, record a certified copy of this ordinance, including all Exhibits attached hereto, with the Cook County Recorder of Deeds, and provide a copy thereof to the City, before it may apply to the City for any permits related to the Special Use Permit for a Planned Development authorized by Ordinance 7-O-07, as amended by this Ordinance 80-O-11. SECTION 7: That, any other deadline set forth in the Zoning Ordinance not withstanding, the Applicant shall commence construction of the Planned Development no later than twelve (12) months after the effective date of this Ordinance 80-O-11, and shall complete said construction no later than eighteen (18) months after said commencement. SECTION 8: That, except as otherwise provided for in this Ordinance 80- O-11, all applicable regulations of Ordinance 7-O-07, the Zoning Ordinance, and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. To the extent that the terms and/or provisions of any of said documents conflict with any of the terms herein, this Ordinance 80-O-11 shall govern and control. SECTION 9: That, when necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 10: That the findings and recitals herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Page 363 of 563 80-O-11 ~6~ SECTION 11: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 12: That this Ordinance 80-O-11 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2011 Adopted:___________________, 2011 Approved: __________________________, 2011 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel Page 364 of 563 80-O-11 ~7~ EXHIBIT A Ordinance 7-O-07 Page 365 of 563 Page 366 of 563 Page 367 of 563 Page 368 of 563 Page 369 of 563 Page 370 of 563 Page 371 of 563 Page 372 of 563 Page 373 of 563 Page 374 of 563 Page 375 of 563 Page 376 of 563 Page 377 of 563 Page 378 of 563 Page 379 of 563 Page 380 of 563 Page 381 of 563 Page 382 of 563 80-O-11 ~8~ EXHIBIT B Legal Description PARCEL 1: LOTS 6, 7, 8, 9 AND 10 IN BLOCK 9 IN NORTH EVANSTON, BEING A SUBDIVISION OF LOTS 11, 12, 13, 14, 15, 16 AND THE W EST 4.3 ACRES OF LOT 17 IN GEORGE SMITH’S SUBDIVISION OF THE SOUTH PART OF THE ARCHANGE QUILMETTE RESERVATION RECORDED IN BOOK 29, PAGE 58 OF MAPS AND ALSO OF LOTS 1, 3 AND THAT PART OF LOT 2, LYING BETWEEN THE CHICAGO AND MILWAUKEE RAILWAY AND THE W EST LINE OF LOT 3 PRODUCED TO THE NORTH LINE OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, OF ASSESSOR’S PLAT OF EVANSTON, RECORDED IN BOOK 143, PAGE 45 OF MAPS, ALL IN COOK COUNTY, ILLINOIS. PARCEL 2: LOT 5 IN BLOCK 9 IN NORTH EVANSTON, BEING A SUBDIVISION OF LOTS 11, 12, 13, 14, 15, 16 AND THE W EST 4.3 ACRES OF LOT 17 IN GEORGE SMITH’S SUBDIVISION OF THE SOUTH PART OF THE ARCHANGE QUILMETTE RESERVATION RECORDED IN BOOK 29, PAGE 58 OF MAPS AND ALSO OF LOTS 1, 3 AND THAT PART OF LOT 2, LYING BETWEEN THE CHICAGO AND MILWAUKEE RAILWAY AND THE W EST LINE OF LOT 3 PRODUCED TO THE NORTH LINE OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, OF ASSESSOR’S PLAT OF EVANSTON, RECORDED IN BOOK 143, PAGE 45 OF MAPS, ALL IN COOK COUNTY, ILLINOIS. Page 383 of 563 80-O-11 ~9~ EXHIBIT C Revised Site Plan Page 384 of 563 Page 385 of 563 Page 386 of 563 Page 387 of 563 Page 388 of 563 EAST ELEVATION WEST ELEVATION T / ROOF 48’-0” T / ROOF 48’-0” EVANSTON, IL THE EASTWOOD THE EASTWOOD OF EVANSTON, LLC DATE: AUGUST 11, 2011 PROJECT NUMBER 11031 OKW Architects Page 389 of 563 VIEW FROM NORTHEAST EVANSTON, IL THE EASTWOOD THE EASTWOOD OF EVANSTON, LLC DATE: AUGUST 11, 2011 PROJECT NUMBER 11031 OKW Architects Page 390 of 563 VIEW FROM SOUTHEAST EVANSTON, IL THE EASTWOOD THE EASTWOOD OF EVANSTON, LLC DATE: AUGUST 11, 2011 PROJECT NUMBER 11031 OKW Architects Page 391 of 563 80-O-11 ~10~ EXHIBIT D Mailed Notice of the September 26, 2011 Meeting of the Planning and Development Committee Page 392 of 563 Order & Agenda Items are subject to change. Information about the P&D Committee is available at: www.cityofevanston.org/government/boards-commissions. Questions can be directed to Dominick Argumedo at 847-448-8153. The city is committed to ensuring accessibility for all citizens; If an accommodation is needed to participate in this meeting, please contact this Department 48 hours in advance so that arrangements can be made for the accommodation if possible. PUBLIC NOTICE OF A MEETING Planning and Development Committee Monday, September 26, 2011 7:15 PM Civic Center, 2100 Ridge Avenue, Council Chambers Please be advised, the following case will be considered at the September 26, 2011 P&D hearing: 1700-1722 Central Street Eastwood of Evanston, LLC (Eastwood of Evanston”), applies to amend Ordinance No. 7-O-07, (the “Ordinance”), that permitted the construction of a 4-story mixed-use development. The Ordinance governs the property bounded by Central Street to the north, Eastwood Avenue to the east, an improved alley to the south, and established development to the west (the “Property”). The Ordinance allows for the construction of 51 residential units; Eastwood of Evanston seeks to amend the Ordinance to permit the construction of up to 80 residential units. Eastwood of Evanston also proposes ordinance amendments to reduce the minimum square feet of the retail/commercial space from 11,130 square feet to 10,500 square feet and to decrease the number of required off-street parking spaces from 100 to 81. The City Council is the final determining body for this proposal. Page 393 of 563 Page 394 of 563 Page 395 of 563 Page 396 of 563 Page 397 of 563 EXECUTIVE SUMMARY Traffic and Parking Impact Analysis The Eastwood of Evanston Evanston, Illinois Prepared For: Robert Horne Evanston Central I, LLC Prepared By: September 21, 2011 Page 398 of 563 9575 West Higgins Road, Suite 400 | Rosemont, Illinois 60018 p: 847-518-9990 | f: 847-518-9987 Overview Kenig, Lindgren, O’Hara, Aboona, Inc. (KLOA, Inc.) was retained by Evanston Central I, LLC to prepare a Traffic and Parking Impact Analysis for the proposed Eastwood of Evanston residential development to be located in southwest quadrant of the intersection of Central Street and Eastwood Avenue in Evanston, Illinois. The site, which is presently vacant, was formerly occupied by two theater buildings (1,800-1,900 seats), three restaurants, three retail uses, and a single-family home. A Planned Development (PD) for the site was approved by the City of Evanston in 2007, consisting of 51 for-sale condominium units, 11,250 square feet of street-level retail space, and 100 off-street parking spaces. A revised development plan has since been developed consisting of 80 rental apartment units, 10,600 square feet of street-level retail space, and 81 off-street parking spaces. Approximately 5,000 square feet of the retail space may be developed as a restaurant. The overall traffic impact of the revised development plan will be minimal and will not adversely affect traffic operations in the project area. In addition, the on-site parking supply will be adequate to meet the needs of the apartment residents. Furthermore, a widespread surplus of on-street and off-street parking is available in the immediate area to accommodate the parking needs of the building’s commercial employees and patrons. Purpose and Objective of Study This Traffic and Parking Impact Analysis was conducted as part of a review of modification to the PD to assess the impact that the proposed development would have on traffic and parking conditions in the area and to recommend street and/or site access improvements necessary to accommodate development traffic. Key Study Findings The key findings from the Traffic and Parking Impact Analysis are described below. Traffic The study determined that the traffic impacts from the project will not be significant and the trip generating potential of the project will be low. This is due in part to the site’s proximity to several public transportation options (Metra, CTA, Pace), private shuttle services (NU shuttles, Evanston Hospital shuttle), and major employment centers (Northwestern University, Evanston Hospital), which will encourage many of the building residents, employees, patrons and visitors to travel by modes other than automobile (i.e., transit, walking, biking). This is also due to the lower parking supply provided on-site as well as the planned on-site carsharing service, which will discourage multi-car ownership by apartment residents, thus reducing the auto trip-generating potential of the Page 399 of 563 2 project. The previous movie theatre and retail/restaurant uses on the site, when fully-operational, provided a significantly higher traffic generating capability. All of the study area intersections presently operate at acceptable levels of service during the peak weekday commuting hours and, because of the low trip generating potential of the project, will continue to operate at the same levels of service upon completion of the development. The conversion of Eastwood Avenue to two-way flow, between Central Street and the public alley, also contributes to the minimal traffic impacts from this project in that it will minimize the use of the public alley by site traffic, prevent traffic conflicts with Saint Athanasius School, and minimize the use of the residential streets to the south to access the site. This is an improvement from the previously approved PD. The public alley adjoining the site will be widened from 14.5 feet to 19.5 feet, which will provide a significant improvement that facilitates better two-way flow. The two existing speed bumps will remain in place as a traffic calming measure. Parking The study also determined that the one space per unit (1:1) residential parking supply ratio provided on-site will be sufficient to accommodate the parking needs of the building residents based on the combination of efficient transit access, on-site provisions for carsharing services and bicycle storage, the potential for unbundled parking pricing policies for residents, area Census data on automobile ownership, and actual peak parking demand ratios experienced at other nearby residential buildings in Evanston that are in proximity to transit stations, which based on previous parking surveys conducted by KLOA indicated peak parking demand ratios ranging from 0.90-1.05 spaces per dwelling unit. The parking needs of the development’s commercial employees and patrons, as well as apartment guests, will be adequately accommodated by the widespread availability of on-street parking in the area and the potential availability of a large amount of off-street parking, as verified through field surveys conducted by KLOA, Inc. These parking lots include the Ryan Field lot, Evanston Hospital/City of Evanston Lot 64, Saint Athanasius School lot, and several private commercial lots. The use of these on-street and off-street parking areas for the development’s commercial uses is consistent with the current parking practices by the existing commercial businesses along Central Street. Page 400 of 563 9575 West Higgins Road, Suite 400 | Rosemont, Illinois 60018 p: 847-518-9990 | f: 847-518-9987 MEMORANDUM TO: Robert Horne Evanston Central I, LLC FROM: Eric D. Russell, PE, PTP, TSOS Principal Luay R. Aboona, PE Principal DATE: August 22, 2011 SUBJECT: Traffic and Parking Impact Analysis The Eastwood of Evanston Evanston, Illinois This memorandum summarizes the results of a Traffic and Parking Impact Analysis conducted by Kenig, Lindgren, O’Hara, Aboona, Inc. (KLOA, Inc.) for the proposed Eastwood of Evanston residential development to be located in southwest quadrant of the intersection of Central Street and Eastwood Avenue in Evanston, Illinois. The site, which is presently vacant, was formerly occupied by two theater buildings, three restaurants, three retail uses, and a single-family home. A Planned Development (PD) for the site was approved by the City of Evanston in 2007, consisting of 55 for-sale condominium units, 11,250 square feet of street-level retail space, and 100 off-street parking spaces. A revised development plan has since been developed consisting of 78 rental apartment units, 12,505 square feet of street-level retail space, and 78 off-street parking spaces. It was assumed that approximately 5,000 square feet of the retail space may be developed as a restaurant. Due to the change in density of the project, an amendment to the PD is required. This study was conducted as part of the PD amendment process to assess the impact that the proposed development would have on traffic and parking conditions in the area and to recommend any street and/or site access improvements necessary to accommodate development-generated traffic. Existing Conditions Transportation conditions in the vicinity of the site were inventoried to obtain a database for projecting future conditions. Four general components of existing conditions were considered: (1) the geographical location of the site; (2) the characteristics of the area street system, including lane usage and traffic control devices; (3) existing traffic volumes, and (4) public transportation. Page 401 of 563 2 Site Location The site of the proposed development is located in the southwest quadrant of the intersection of Central Street and Eastwood Avenue. The site is presently vacant and was formerly occupied by two theater buildings (known as the Evanston Theaters), three restaurants, three retail uses, and a single- family home. The theaters, which closed in February 2000, offered five screens and a total of approximately 1,800-1,900 seats. Land uses surrounding the site include residential homes and Saint Athanasius Church/School to the south, commercial businesses and residential homes to the north, commercial businesses and the Central Street Metra station to the west, and commercial businesses and Ryan Field to the east. Figure 1 shows the location of the approximately 1.012-acre site in relation to the area street system. Figure 2 shows an aerial view of the site area. Area Street System Characteristics The principal streets serving the site are Central Street, Eastwood Avenue, and Poplar Avenue. All of these streets are under the jurisdiction of the City of Evanston. A description of these streets follows. Central Street is classified by the City as a Major Street and is oriented in an east-west direction. In the vicinity of the site, Central Street has a two-lane cross-section with metered 2-hour parallel parking on both sides of the street, which are in effect from 9:00 A.M. to 6:00 P.M., Monday- Saturday. Central Street is signalized at its intersection with Green Bay Road to the west and Ashland Avenue to the east. The posted speed limit on Central Street is 25 miles per hour (mph). Eastwood Avenue is a local, north-south, street. In the vicinity of the site, Eastwood Avenue operates as a one-way northbound street between Central Street and Lincoln Street with non-metered parallel parking permitted on the west side of the street only, except on weekdays from 7:00-9:00 A.M. District 6 parking permit holders are not regulated by this time restriction. Eastwood Avenue is under stop sign control at Central Street. Poplar Avenue is a local, north-south diagonal street with metered 15-hour perpendicular parking on the west side of the street, which serves commuters using the Evanston Central Street Metra station and is in effect from 9:00 A.M. to 6:00 P.M., Monday-Saturday. Poplar Avenue is under stop sign control at Central Street and Broadway Avenue are under stop sign control. Public Alley. The site is bounded on the south by an east-west, two-way, public alley that extends between Eastwood Avenue and Poplar Avenue. There are two speed bumps on the alley between Eastwood and Poplar. The existing street characteristics, including lane configurations and traffic controls, at the key intersections in the study area are shown in Figure 3. Page 402 of 563 3 Figure 1 Site Location Figure 2 Aerial Photo of Site Area Page 403 of 563 PROJECT:TITLE: FIGURE NO: PROJECT NO: 05-357 CENTRAL STREET EASTWOODAVEONEWAYP O P L A R A V E C H I C A G O & N O R T H W E S T E R N R A I L R O A D PUBLIC ALLEY SITEBROADWAY AVEONEWAYNOT TO SCALE THE EASTWOOD OF EVANSTON EVANSTON, ILLINOIS 3 EXISTING STREET CHARACTERISTICS LEGEND - ONE TRAVEL LANE - STOP SIGN - ON STREET PARKING PERMITTED - ON STREET PARKING PROHIBITED P P P P P P P P P P P P P P P P P P Page 404 of 563 5 Existing Traffic Volumes Manual traffic counts were conducted by KLOA, Inc. during the morning (7:00 to 9:00 A.M.) and afternoon (4:00 to 6:00 P.M.) peak commuter periods at the following intersections: Central Street / Eastwood Avenue Central Street / Poplar Avenue / Broadway Avenue Eastwood Avenue / Public Alley Poplar Avenue / Public Alley The traffic count data indicates that the weekday morning peak hour occurs from 7:45 to 8:45 A.M. and the weekday afternoon peak hour occurs from 4:30 to 5:30 P.M. These time periods correspond with the typical commuter “rush” hours. The existing weekday morning and afternoon peak-hour traffic volumes are shown in Figure 4. Public Transportation Accessibility to and from the site is greatly enhanced by the excellent public transportation services provided along Central Street, including Metra commuter rail, CTA rapid transit, CTA bus, and PACE bus service. Metra commuter rail service is provided at the Central Street Metra Station located one block west of the site. The station is served by the Union Pacific North Line, which offers daily service between Kenosha and Chicago. CTA rapid transit service is provided at the Central station located approximately one-half mile east of the site. The CTA station is served by the Purple Line (Evanston Shuttle and Express), which offers service between the Linden Station in Wilmette and the Howard Station in Chicago. From the Howard Station, passengers can transfer to the Yellow Line (Skokie Swift) to Skokie, transfer to the Red Line to Downtown Chicago, or during weekday rush hours, continue to downtown Chicago via the Purple Line Express. CTA Bus service proximate to the site includes: Route 201 (Central/Ridge) – Weekday service from Howard terminal station (Red, Yellow, Purple Line trains) to Old Orchard Mall via Central Street. Route N201 (Central/Sherman Night Bus) – Weekday late night and weekend service from Howard station (Red, Yellow, Purple Line trains) to Old Orchard Mall via Central Street. Route 206 (Evanston Circulator) - Howard terminal station (Red, Yellow, Purple Line trains) to Central Street Metra Station via Central Street. Pace Bus service proximate to the site includes: Route 213 (Green Bay Road) - Davis Street Metra/CTA stations to Northbrook Court and Highland Park Metra Station via Green Bay Road. Page 405 of 563 PROJECT:TITLE: FIGURE NO: PROJECT NO: EXISTING TRAFFIC VOLUMES 05-357 CENTRAL STREET EASTWOODAVEONEWAYP O P L A R A V E C H I C A G O & N O R T H W E S T E R N R A I L R O A D PUBLIC ALLEY SITE14 (20)BROADWAY AVE1 (6)2 (5)0 (2)1 (2 ) 7 ( 6 )1 (1) 3 ( 0 ) LEGEND 00 (00) - (7:45-8:45) AM - (4:30-5:30) PM ONEWAY2 3 ( 5 ) 2 ( 1 ) 6 ( 0 ) 3 2 ( 1 5 ) 13 (27) 354 (640) 10 (12) 1 (1) 3 (7) 6 0 ( 1 4 ) 1 ( 3 ) 1 (12) 31 (13) 688 (270) 18 (20) 4 (1) 3 (3) 19 (22) 710 (277)18 (28)11 (21)7 (9) 350 (648)14 (14)27 (19)7 (15)0 (0)45 (44)NOT TO SCALE 4 3 ( 4 2 ) 5 ( 3 ) THE EASTWOOD OF EVANSTON EVANSTON, ILLINOIS 4Page 406 of 563 7 Metra service at the Central Street station generally operates between 4:53 A.M. and 1:01 A.M. on weekdays, between 5:45 A.M. and 1:01 A.M. on Saturdays, and between 7:57 A.M. and 1:01 A.M. on Sundays. CTA Purple Line service at the Central Street station generally operates between 4:30 A.M. and 1:20 A.M. on weekdays, between 5:05 A.M. and 2:20 A.M. on Saturdays, and between 6:05 A.M. and 1:45 A.M. on Sundays. CTA and Pace bus service in the vicinity of the site varies by route, as follows: Service Times at Central St/Green Bay Rd Bus Route Weekdays Saturdays Sundays CTA Route 201 5:23 A.M.-8:24 P.M. - - CTA Route N201 1:00 A.M.-5:19 A.M. 9:05 A.M-7:33 P.M. 2:00 A.M.-6:19 A.M. CTA Route 206 6:09 A.M.-6:57 P.M. - - Pace Route 213 5:40 A.M.-9:57 P.M. 6:55 A.M-7:45 P.M. - In addition to the CTA and Pace bus routes, Northwestern University and Evanston Hospital operate private free shuttle buses in the area for University faculty, staff and students and for Hospital doctors, employees and visitors, respectively. The University’s Ryan Field shuttle operates in a loop from 6:50 A.M. to 8:13 P.M., Monday-Friday during the academic year, connecting the Ryan Field parking lot with downtown Evanston and the main campus via Central Street. The University’s Intercampus shuttle operates in a loop from 6:40 A.M. to 11:02 P.M., Monday-Friday year round, connecting the Ryan Field parking lot with the Evanston main campus and Chicago campus via Central Street. The Hospital’s shuttle operates on 10 minute headways between the Ryan Field parking lot and the hospital on weekdays from 4:30 A.M. to 1:00 A.M. Traffic Characteristics of The Eastwood of Evanston To determine the impact of the proposed residential development on the area roadway system, it was necessary to understand the site access system, determine the directions from which traffic would approach and depart the site, and estimate the number of peak-hour vehicle trips that would be generated by the residential development. Site Accessibility Vehicular access to the enclosed parking areas on the first level of the development will be provided from two locations, including (1) a driveway on Eastwood Avenue approximately 100 feet south of the south curb line of Central Street, and (2) from the public alley on the south side of the site. Loading and building servicing will occur from a 35-foot deep loading dock located just south of the Eastwood Avenue driveway. The alley provides access to the street system via its terminus at Eastwood Avenue at the east end of the site and at Poplar Avenue to the west, allowing site traffic to enter and exit the development from either Eastwood Avenue or Poplar Avenue. The alley is currently utilized by the residential Page 407 of 563 8 properties immediately south of the site. As part of the proposed development, the width of the alley will be increased across the site frontage from its current width of 14.5 feet to 19.5 feet to improve two-way traffic flow. The two speed bumps on the alley will remain as a traffic calming measure. An additional measure that is proposed as part of the development to improve vehicular access and service truck access to the site is the conversion of the segment of Eastwood Avenue from Central Street to the public alley to two-way operation, similar to the short two-way segment of Hurd Avenue at Central Street. This will significantly reduce the volume of automobiles and trucks using the alley to access the development and will minimize traffic conflicts with Saint Athanasius School along Eastwood Avenue to the south of the site. Figure 5 shows the recommended street improvements necessary to convert Eastwood Avenue to two-way operation. Directional Distribution The directions from which traffic will approach and depart the site are a function of several variables, including the location of the regional access arterials, orientation of the current street system (i.e., one-way streets), and the ease with which motorists can travel over various sections of the street system without encountering congestion. Based on the above as well as current traffic patterns in the area, the estimated directional distribution of site-generated traffic is shown in Table 1 and Figure 6. Table 1 DIRECTIONAL DISTRIBUTION OF SITE-GENERATED TRAFFIC Inbound Traffic to Site Outbound Traffic From Site Route Percent Route Percent From the East on Central St 60% To the East on Central St 60% From the West on Central St 30% To the West on Central St 30% From the South on Eastwood Ave 5% To the South on Eastwood Ave 0% From the South on Poplar Ave 5% To the South on Poplar Ave 10% Total 100% Total 100% Site Traffic Generation The volume of traffic generated by a development is based on the type of land use and the size of the development, with consideration given to the availability of public transportation. The United States Census Bureau conducts surveys of numerous demographic, social, economic and housing issues including commuting modes. Table 2 shows travel mode data for workers aged 16 and older that reside within Block Group 1 of Census Tract 8088 in the City of Evanston, which encompasses the site and generally extends from Isabella Street on the north, Asbury Avenue on the east, North Shore Channel on the south, and Green Bay Road on the west. As shown, approximately 37 percent of working Evanston residents residing in Block Group 1 of Census Tract 8088 travel to work by means other than automobile. In addition, the Evanston Comprehensive Plan cites 1990 Census data that indicates 36 percent of all Evanston workers travel by non-auto modes. Page 408 of 563 PROJECT:TITLE:FIGURE NO:PROJECT NO:05-357EASTWOOD AVE TWO-WAY CONVERSIONONLYONLYDO NOTENTERONE WAYDO NOTENTERONEWAYEastwood Ave Central StLEGEND- EXISTING SIGN TO BE REMOVED- PROPOSED SIGNPROPOSED PAVEMENTMARKINGSPROPOSED BUMPOUTTHE EASTWOOD OF EVANSTONEVANSTON, ILLINOIS5PROHIBIT PARKING ONWEST SIDE OF STREET(LOSS OF 5 SPACES)NOT ATHRUSTREETPage 409 of 563 PROJECT:TITLE: FIGURE NO: PROJECT NO: 05-357 ESTIMATED DIRECTIONAL DISTRIBUTION CENTRAL STREET EASTWOODAVEONEWAYP O P L A R A V E C H I C A G O & N O R T H W E S T E R N R A I L R O A D PUBLIC ALLEY SITEBROADWAY AVE60%30% 5 %10%5 %NOT TO SCALE THE EASTWOOD OF EVANSTON EVANSTON, ILLINOIS 6Page 410 of 563 11 Table 2 PUBLIC TRANSPORTATION USAGE IN VICINITY OF SITE1 Area Workers Aged 16 & Older Travel by Automobile Travel by Public Transportation2 Travel by Walking or Biking Work at Home Block Group 1 Census Tract 8088 Evanston, IL 914 573 (63%) 230 (25%) 78 (8%) 33 (4%) 1 Source: US Census Bureau 2 All modes of public transportation including Metra, CTA rapid transit, CTA bus and Pace bus. Because the site is extremely convenient to Metra, CTA rapid transit, CTA and Pace bus service, and the Northwestern University shuttles, in addition to its walking proximity to major employers such as Northwestern University and Evanston Hospital, the total number of vehicular trips generated by the development was reduced by 35 percent. This reduction factor is consistent with the 1990 and 2000 Census travel data. The number of peak-hour vehicle trips estimated to be generated by the residential and retail component of the proposed Central Street Residences development is shown in Table 3 and were based on trip generation rates published in the Institute of Transportation Engineers’ Trip Generation, 8th Edition, 2008. Approximately 36 to 110 new vehicle trips are estimated to be added to the roadway system during the weekday morning and afternoon peak hours, respectively. This calculation reflects the 35 percent non-auto travel reduction by the development residents. Table 3 SITE GENERATED PEAK-HOUR TRAFFIC VOLUMES Number of Vehicle Trips1 A.M. Peak Hour P.M. Peak Hour Daily Land Use Density Enter Exit Total Enter Exit Total Apartments2 78 units 8 32 40 32 17 49 596 Public Transit Reduction 35% (3) (11) (14) (11) (6) (17) (209) Retail3 7,505 sf 3 3 6 18 22 40 333 Restaurant4 5,000 sf 2 2 4 26 12 38 450 Total New Vehicle Trips 10 26 36 65 45 110 1,170 1 Trip Generation, 8th Edition, Institute of Transportation Engineers, 2008. 2 Based on ITE Land Use Code 220 – Apartment 3 Based on ITE Land Use Code 814 – Specialty Retail 4 Based on ITE Land Use Code 931 – Quality Restaurant Page 411 of 563 12 While traffic comparisons are unable to be made with the land uses that were previously located on the site before the site was cleared (two theaters with a total of 1,800-1,900 seats, three restaurants, three retail uses, and a single-family home), it should be recognized that those land uses when fully- operational provided a significant traffic generating capability. Traffic Assignment The peak-hour traffic volumes projected to be generated by the proposed residential development were assigned to the area street system based on the directional distribution shown in Table 1. Figure 7 shows the assignment of the site-generated peak hour traffic volumes, which took into account the provision of off-street parking for apartment residents and on-street parking for retail and restaurant employees and customers. Total Projected Traffic Condition The peak hour traffic volumes generated by the proposed residential development (Figure 7) were combined with the existing traffic volumes (Figure 4) to determine the total projected peak-hour traffic volumes upon completion of the development. The total projected peak hour traffic volumes are shown in Figure 8. Traffic Analysis Traffic analyses were performed for the respective unsignalized intersections of Eastwood Avenue and Poplar Avenue with Central Street and the public alley to determine the operation of the existing street system, evaluate the incremental impact of the proposed residential development, and determine the ability of street system to accommodate future traffic demands. Analyses were performed for the following weekday morning and afternoon peak hour traffic conditions: 1. Existing traffic conditions 2. Total projected traffic conditions upon completion of the proposed development It should be noted that the analysis of total projected traffic conditions reflects the proposed conversion of the Eastwood Avenue (Central Street to the public alley) to two-way flow. The analysis of the study area intersections was accomplished using HCS+ computer software, which is based on the methodologies outlined in the Transportation Research Board’s Highway Capacity Manual (HCM), 2000. The methodologies use traffic controls, traffic volumes, and street characteristics to determine the average control delay and levels of service for vehicles at an intersection. Page 412 of 563 PROJECT:TITLE: FIGURE NO: PROJECT NO: 05-357 CENTRAL STREET EASTWOODAVEONEWAYP O P L A R A V E C H I C A G O & N O R T H W E S T E R N R A I L R O A D PUBLIC ALLEY SITEBROADWAY AVELEGEND 00 (00) - (7:45-8:45) AM - (4:30-5:30) PM 2 ( 2 ) 2 (1) 2 (2) - ( 1 ) 4 (2)4 (4)NOT TO SCALE 7 ESTIMATED SITE-GENERATED TRAFFIC VOLUMES 4 (17) - (2) - ( 2 ) 1 (3) 5 (12) - ( 2 )1 (3 ) - ( 2 )- (3)2 (5)- (1)4 (4)1 (1) 13 (6)4 (13)1 (4)3 (21) 2 (4)13 (6)3 (13) 3 (27) THE EASTWOOD OF EVANSTON EVANSTON, ILLINOIS Page 413 of 563 PROJECT:TITLE: FIGURE NO: PROJECT NO: 05-357 CENTRAL STREET EASTWOODAVEONEWAYP O P L A R A V E C H I C A G O & N O R T H W E S T E R N R A I L R O A D PUBLIC ALLEY SITE14 (20)BROADWAY AVE1 (6)2 (5)0 (2)1 (2 ) 7 ( 6 )1 (1) 3 ( 0 ) LEGEND 00 (00) - (7:45-8:45) AM - (4:30-5:30) PM 2 5 ( 7 ) 2 ( 1 ) 6 ( 0 ) 3 2 ( 1 7 ) 14 (30) 359 (652) 10 (12) 3 (2) 5 (9) 6 0 ( 1 6 ) 1 ( 4 ) 1 (12) 31 (15) 692 (287) 18 (20) 4 (1) 7 (5) 19 (22) 713 (298)18 (28)11 (21)7 (9) 353 (675)14 (14)40 (25)0 (0)45 (47)NOT TO SCALE 4 4 ( 4 5 ) 5 ( 5 ) PROJECTED TOTAL TRAFFIC VOLUMES 82 (5)- (1)1 (1) 13 (6)4 (13)1 (4)2 (4) 3 (13)49 (51)11 (19)THE EASTWOOD OF EVANSTON EVANSTON, ILLINOIS Page 414 of 563 15 The ability of an intersection to accommodate traffic flow is expressed in terms of level of service, which is a qualitative term developed to express the operating conditions along streets and at intersections. Alpha designations from A to F are assigned based on the average control delay experi- enced by vehicles passing through the intersection. Control delay is that portion of the total delay attributed to the traffic signal or stop sign control operation, and includes initial deceleration delay, queue move-up time, stopped delay, and final acceleration delay until resumption of free flow speed. Level of Service A is the highest grade (best traffic flow, least delays), Level of Service E represents saturated or at-capacity conditions, and Level of Service F is the lowest grade (oversaturated conditions, extensive delays). Typically, Level of Service D is the lowest acceptable grade for peak- hour conditions in an urban environment such as Evanston. For two-way stop controlled (TWSC) intersections, levels of service are only calculated for the approaches controlled by a stop sign (not for the intersection as a whole). Level of Service F at TWSC intersections occurs when there are not enough suitable gaps in the flow of traffic on the major (uncontrolled) street to allow minor-street traffic to safely enter the major street flow. The Highway Capacity Manual criteria for levels of service and the corresponding control delay for unsignalized intersections are shown in Table 4. Table 5 summarizes the results of the traffic analyses for the existing and total projected weekday morning and afternoon peak hour conditions. Table 4 LEVEL OF SERVICE CRITERIA - UNSIGNALIZED INTERSECTIONS Level of Service Average Control Delay (seconds per vehicle) A 0 – 10 B > 10 - 15 C > 15 – 25 D > 25 – 35 E > 35 – 50 F > 50 Source: Highway Capacity Manual, 2000. Page 415 of 563 16 Table 5 SUMMARY OF INTERSECTION CAPACITY ANALYSIS Existing Conditions Total Projected Conditions AM Peak Hour PM Peak Hour AM Peak Hour PM Peak Hour Intersection LOS Delay LOS Delay LOS Delay LOS Delay Unsignalized Intersections/Critical Movements Central St / Eastwood Ave NB1 C 21.6 C 19.7 C 22.6 C 22.5 SB2 C 19.3 C 20.7 C 20.2 C 23.1 Central St/Poplar Ave/Broadway St NB1 D 27.0 B 14.5 D 28.4 C 16.3 SB2 C 21.5 C 24.8 C 21.7 C 21.4 Eastwood Ave / Site Access Dr3 n/a n/a n/a n/a A 8.8 A 8.8 Eastwood Ave / Public Alley4 A 8.8 A 8.7 A 8.8 A 8.8 Poplar Ave / Public Alley4 A 8.7 A 8.5 A 8.8 A 8.5 Note: LOS=Level of Service; Delay is measured in seconds. n/a–not applicable. NB-northbound, SB-southbound 1 Represents operation of northbound approach of Eastwood Ave. or Poplar Ave. 2 Represents operation of southbound approach of Eastwood Ave. or Poplar Ave./Broadway St. 3 Represents operation of Site Access Driveway approach. 4 Represents operation of Public Alley approach. Traffic Evaluation The capacity analysis results in Table 5 indicate that the traffic impact of The Eastwood of Evanston development is minimal. The study area intersections presently operate at acceptable levels of service during the peak weekday commuting hours and will continue to operate at the same peak hour levels of service upon completion of the development, with minimal increases in average vehicle delays. The intersection of Central Street and Eastwood Avenue presently operates at level of service C during the peak hours and will continue to operate at level of service C upon conversion of Eastwood Avenue (Central Street to the public alley) to two-way flow adjacent to the site. The site access driveway on Eastwood Avenue will operate very well under stop sign control. As a result of this analysis, all existing intersection traffic controls should remain unchanged, with the exception of the addition of a northbound stop sign on Eastwood Avenue at Central Street, the relocation of the north facing Do Not Enter sign from Eastwood Avenue at Central Street to Eastbound Avenue at the public alley, and the removal of the One Way signs on Eastwood at Central Street, as shown in Figure 5. Page 416 of 563 17 Parking The Eastwood of Evanston will provide a total of 78 off-street parking spaces on the first level (ground level) of the building, including 53 spaces that will be accessed through a common garage door on the Eastwood Avenue driveway, 25 spaces that will be accessed from the public alley. These parking spaces will be reserved for apartment residents, resulting in a parking supply ratio of one space per unit (1:1). Four of the spaces within the parking garage will be designated as accessible parking spaces which satisfies the accessible parking requirements from the City of Evanston’s Zoning Ordinance for this sized facility. The developer also has plans to dedicate at least one of the off-street parking spaces for car-sharing services (e.g. I-Go, Zip Car). Furthermore, the garage will have a secured storage space for at least 30 bicycles. The site is located within a B1a zoning district. The City of Evanston Zoning Ordinance specifies that 144 parking spaces be provided on the site, as shown in Table 6. Thus, the proposed off-street parking supply falls short of satisfying the Zoning Ordinance by 66 spaces. Table 6 ZONING ORDINANCE PARKING REQUIREMENTS Land Use Density Parking Ratio Parking Spaces Required Multiple-Family Dwellings Studio & One Bedroom Units 45 dus 1.25 spaces/unit 56.25 Two Bedroom Units 27 dus 1.5 spaces/unit 40.5 Three Bedroom Units 6 dus 2.0 spaces/unit 12.0 Retail 7,505 sf 1.0 space/350 sf minus 2,000 sf B1a zoning exemption 15.73 Restaurant 5,000 sf 1.0 space/250 sf 20.0 Total 144.48 To render an opinion on the appropriateness of a parking supply for this development, KLOA, Inc. conducted parking occupancy surveys of on-street and off-street parking areas surrounding the site, reviewed previous parking surveys conducted by KLOA at other area residential developments located in proximity to transit stations, and researched Census data and best practices in parking policies that are supportive of Smart Growth and transit-oriented developments. Page 417 of 563 18 On-Street Parking Surveys The Eastwood of Evanston will provide off-street parking for apartment residents. However, as is typical many urban neighborhoods, patrons and employees of the development’s retail and restaurant uses will utilize parking on the street, as will guests of apartment tenants. To confirm that sufficient on-street parking is available in the area surrounding the development, KLOA conducted parking occupancy surveys within a 1,000-foot radius of the site, as required by the Zoning Ordinance, although surveys were not conducted to the west of the Metra viaduct, by direction of City staff. Figure 8 shows the on-street parking locations included in the surveys, reflecting a total on-street parking capacity of 841 spaces. In total, the surveys were conducted on 29 blocks during six time periods over the course of a typical weekday and Saturday (10:00 A.M., Noon, 2:00 P.M., 5:00 P.M., 7:00 P.M., 9:00 P.M.). For the weekday surveys, a 6:00 A.M. count was also performed. The 6:00 A.M. surveys are indicative of the neighborhood parking demand before most area residents’ leave for work in the morning. The Noon and 7:00 P.M. surveys are indicative of the parking demand during the prime lunch and dinner time periods when the restaurant use on the site would generate its highest parking demand. Tables A1 and A2 in the Appendix summarize the on-street parking occupancy data for the weekday and Saturday parking surveys, respectively. Tables A3 and A4 summarize the percentage of parking spaces occupied by block and by side of street for the weekday and Saturday parking surveys, respectively. The block numbers listed in these tables correspond to those shown in Figure 9. Peak parking occupancy on the weekday occurred at Noon when 56.4 percent of the on-street spaces in the study area were occupied (leaving 367 spaces available). Peak parking occupancy on the Saturday occurred at 5:00 P.M. when 25.8 percent of the on-street spaces were occupied (leaving 624 spaces available). Within one block of the site, there are approximately 165 on-street spaces of which 71 percent were occupied (48 available) at Noon on the weekday and 35 percent were occupied (107 available) at 5:00 P.M. on the Saturday. Off-Street Parking Surveys KLOA also surveyed five off-street parking lots in the area to document the utilization of those facilities as well over the course of a weekday and Saturday. These lots are also shown in Figure 9 and include the Ryan Field parking lot, Evanston Hospital/City of Evanston Lot 64, Saint Athanasius School lot, and two private commercial lots along the north side of Central Street. In total, these lots have a combined parking capacity of 938 spaces. It should be noted that the parking surveys in the Ryan Field lot were conducted in July when the University was on summer break. Tables A5 and A6 in the Appendix summarize the off-street parking occupancy data for the weekday and Saturday parking surveys, respectively. Tables A7 and A8 summarize the percentage of parking spaces occupied in each lot for the weekday and Saturday parking surveys, respectively. The parking lot numbers listed in these tables correspond to those shown in Figure 9. Page 418 of 563 Page 419 of 563 20 Peak parking occupancy on the weekday occurred at 10:00 A.M. when 62.7 percent of the off-street spaces were occupied (leaving 350 spaces available). Peak parking occupancy on the Saturday also occurred at 10:00 A.M. when only 3.9 percent of the off-street spaces were occupied (leaving 901 spaces available). The off-street parking surveys indicate that all locations have parking available during the time periods when the retail and restaurant uses within The Eastwood of Evanston development would generate the highest demand for parking (early evening hours). The site developer and/or business owners should explore joint-use agreements with the owners of these parking lots to utilize the facilities after normal business hours. It should be noted that the City of Evanston’s Parking Lot 64, which is leased from Northwestern University, has signs posted that continue to promote free Evanston Theatre parking on weekends and after 3:00 P.M. on weekdays. While this parking lot may not necessarily be available in the long term to patrons of the Central Street commercial businesses, it is a current resource that can serve the proposed retail and restaurant uses on the site and supplement the on-street parking supply in the area. In general, based on the on-street and off-street parking occupancy surveys, there are several hundred parking spaces available in the immediate vicinity of The Eastwood of Evanston site during the midday and early evening hours of a typical weekday, which will provide a convenient and adequate parking supply to accommodate the commercial parking requirement for the project (36 spaces). Furthermore, based on the proximity of the site to Northwestern University’s Ryan Field (49,000 seat capacity) and Welsh-Ryan Arena (8,100-seat capacity), there will always be a large amount of off- street parking in the area that is underutilized for a majority of the year. Peak Parking Demand at Other Area Residential Developments Parking surveys were conducted by KLOA in the recent past at several condominium developments in Evanston located in proximity to transit stations. The intent of the surveys was to determine the peak utilization of the parking supply. Table 7 summarizes the survey results, including the parking supply and the peak parking demand for each development. As can be seen, the peak parking demand at these facilities ranged from 0.90 to 1.05 spaces per dwelling unit. Table 7 PEAK PARKING DEMAND AT OTHER AREA RESIDENTIAL DEVELOPMENTS Development Unit Mix Parking Supply Peak Parking Demand 1B 2B 3B+ Total Optima Towers (1580 Sherman Ave) 18 69 18 105 144 (1.37 spaces/du) 94 (0.90 spaces/du) Optima Views (1720 Maple Ave) 62 99 46 207 240 (1.16 spaces/du) 187 (0.90 spaces/du) Optima Horizons (800 Elgin Rd) 82 138 26 246 366 (1.49 spaces/du) 259 (1.05 spaces/du) Page 420 of 563 21 Another example is The Reserve development at 1930 Ridge Avenue, which consists of 193 apartment units (108 studio/one-bedroom, 77 two-bedroom, 8 three-bedroom) and 219 parking spaces. Data provided by Evanston Central I indicates that 80 percent of the parking spaces have been reserved by building tenants for a parking demand ratio of 0.91 spaces per unit. Census 2000 data for the area within ½-mile of the Central Street Metra station and the Central CTA-Purple Line station indicates that the average automobile ownership per household ranges from 1.38 to 1.39, which is considerably lower than the City’s parking requirement for multi-family units with two or more bedrooms. The majority of households within ½-mile of these two stations are single-family detached units, likely with three or more bedrooms. As such, this automobile ownership range is approximately 30 percent lower than the Zoning Ordinance parking requirement for single-family homes (2 spaces/unit). Applying a similar 30 percent reduction to The Eastwood of Evanston unit mix would result in a total parking requirement of 73 spaces or 0.94 spaces per dwelling unit, on average. The parking surveys of the above-noted developments and the Census data would suggest that the 1:1 parking ratio proposed for The Eastwood of Evanston development would be sufficient to accommodate the peak parking demand from the residential tenants. Best Parking Practices The proximity of The Eastwood of Evanston site to the Metra and CTA stations qualifies the project as a Transit-Oriented Development (TOD). By definition, a TOD is a compact, mixed-use development within walking distance of public transportation. TODs are key elements of livable and sustainable communities as they foster attractive lifestyles where housing, jobs, restaurants and entertainment are all in convenient proximity while increasing transit ridership, promoting walking and biking, and reducing automobile use, congestion and emissions. Best practices with respect to parking policies that are supportive of Smart Growth and TOD’s include strategies that promote walking, biking and the use of public transit while reducing or eliminating the need for private automobiles. These strategies include the following: Incorporate transit-friendly parking design behind street-facing retail Manage/limit the amount of parking provided Reserve parking space for carsharing services Allow for parking to be shared by multiple uses Provide enclosed, secured storage facilities for bicycles Unbundle parking by separating parking costs from unit leases, which provides economic incentives for tenants to opt out of parking and make better use of alternative travel modes Page 421 of 563 22 Carsharing programs provide participants with convenient and flexible access to centrally-owned and maintained vehicles. Carsharing offers an alternative to individual car ownership, which effectively increases the number of users per vehicle and contributes to lower auto ownership rates and reduced parking demand. According to recent North American studies and carsharing member surveys, each carsharing vehicle removes an average of 15 privately-owned cars from the community. The incorporation of the above-noted strategies into a development is recognized by the U.S. Green Building Council in the form of credits towards LEED certification of the project. The Eastwood of Evanston project will pursue LEED Silver classification. The City of Seattle’s Municipal Code allows for a reduction of three required parking spaces or 15 percent of the total off-street parking requirement, whichever is fewer, for every parking space leased by a carsharing program. Furthermore, the Seattle Municipal Code allows for the reduction of one required parking space, up to a maximum of 5 percent of the total parking requirement, for every four covered bicycle parking spaces provided. The City of Milwaukee has one of the lowest city-wide parking ratios in the country. Parking requirements for multi-family residential developments range from 1 space per unit (1:1) to 2 spaces per 3 units (2:3 or 0.67:1). Furthermore, the requirements can be reduced by 25 percent for a development located within 1,000 feet of a transit stop, and can be reduced by one space for every on-street parking space that is adjacent to the development and available for public use. While the Evanston Zoning Ordinance does not contain provisions for such parking reductions as the above noted cities do, the recognition of the value that these best practices provide towards encouraging alternative modes of travel can be considered in the decision on whether the proposed off-site parking supply is sufficient. In summary, it is KLOA, Inc.’s professional opinion that the off-street parking supply proposed for The Eastwood of Evanston development is adequate and appropriate based on the combination of efficient transit access, on-site provisions for carsharing services and bicycle storage, the potential for unbundled parking pricing policies for building tenants, historic peak parking demand ratios experienced at other nearby residential buildings in Evanston, area Census data on automobile ownership, the widespread availability of on-street parking in the area, and the potential availability of a large amount of off-street parking in the area. Page 422 of 563 23 Conclusions and Recommendations Based on The Eastwood of Evanston development plan and the preceding Site Traffic Impact Analysis, the following conclusions and recommendations are made: 1. The site is ideally situated to take advantage of nearby public transportation options (Metra, CTA, Pace, NU shuttles, Evanston Hospital shuttle), which will effectively lower the site’s traffic generation and parking demands. Given the site’s proximity to Northwestern University and Evanston Hospital, The Eastwood of Evanston would be an attractive residence for University and Hospital employees. 2. Approximately 36 to 110 new vehicle trips are estimated to be added to the roadway system during the weekday morning and afternoon peak hours, respectively. 3. While traffic comparisons are unable to be made with the land uses that were previously located on the site (two theaters with a total of 1,800-1,900 seats, three restaurants, three retail uses, and a single-family home), it should be recognized that those land uses when fully-operational provided a significant traffic generating capability. 4. All study area intersections presently operate at acceptable levels of service during the peak weekday commuting hours and will continue to operate at the same peak hour levels of service upon completion of the development, with minimal increases in average vehicle delays. As such, the adjoining street system has adequate capacity to accommodate site-generated traffic safely and efficiently. 5. Access to the parking areas on the first level of The Eastwood of Evanston development will be provided from a driveway on Eastwood Avenue (100 feet south of Central Street) and from the public alley on the south side of the site. 6. The location of the access drive on Eastwood Avenue will allow efficient site ingress and egress without impedance from vehicle queues at the Eastwood/Central Street intersection. 7. Loading and building servicing will occur from a 35-foot deep loading dock on Eastwood Avenue, immediately south of the garage access drive. The loading dock will accommodate single-unit trucks. 8. The construction of the curb cuts on Eastwood Avenue will result in the elimination of two on- street parking spaces along the west side of the street. 9. Providing direct access on Eastwood Avenue will reduce the traffic load on the alley and afford the development with a more flexible access system. 10. The alley, which is currently used by the residential properties on the south side of the alley, will continue to allow two-way traffic and the two existing speed bumps will remain in place. 11. To improve two-way flow, the width of the alley will be increased across the site frontage from its current width of 14.5 feet to 19.5 feet. Page 423 of 563 24 12. On weekdays, the peak traffic generation times for The Eastwood of Evanston will occur during the typical commuter time periods (7:00-8:30 A.M.; 4:30-6:00 P.M.) when building residents are leaving for work in the morning and returning home from work in the evening. The peak traffic generation times for the street-level retail and/or restaurant businesses will likely occur around the lunch period and in the early evening hours. In either case, these traffic flows will not significantly overlap with the student drop-off/pick-up traffic flows associated with Saint Athanasius School, , which are concentrated around the school start time and dismissal times that occur after the typical morning commuter peak period and prior to the typical evening commuter period, respectively. Furthermore, School traffic primarily circulates on Eastwood Avenue, Ashland Avenue, Lincoln Street, and the public alley that adjoins the north side of the School. Traffic associated with The Eastwood of Evanston will primarily utilize Central Street. 13. To improve access to the parking garage beneath The Eastwood of Evanston and the loading dock on Eastwood Avenue, lessen the use of the public alley for site traffic circulation, and minimize the use of Eastwood Avenue from the south to avoid traffic conflicts with Saint Athanasius School, it is recommended that the one-way operation of Eastwood Avenue be converted to two-way flow between Central Street and the public alley, as shown in Figure 5, similar to the short two-way segment of Hurd Avenue at Central Street. 14. To accommodate two-way flow on this segment of Eastwood Avenue, on-street parking along the west side of the street should be prohibited to allow this space to be used by southbound traffic. This parking regulation will eliminate another three (3) on-street parking spaces. 15. To prevent southbound traffic on Eastwood Avenue from continuing south of the public alley, down the one-way northbound segment of the block, a curb extension (i.e., bump-out) should be installed on Eastwood immediately south of the public alley, as shown in Figure 5. In addition, a Right-Turn Only sign should be installed on southbound Eastwood at the alley and a north-facing Not A Thru Street sign should be installed on Eastwood at Central Street. 16. The intersection of Central Street and Eastwood Avenue presently operates at level of service C during the peak hours and will continue to operate at level of service C upon conversion of Eastwood Avenue (Central Street to the public alley) to two-way flow. 17. As a result of this analysis, all existing intersection traffic controls should remain unchanged, with the exception of the addition of a northbound stop sign on Eastwood Avenue at Central Street, the relocation of the north facing Do Not Enter sign from Eastwood Avenue at Central Street to Eastbound Avenue at the public alley, and the removal of the One Way signs on Eastwood at Central Street. 18. Stop signs should be installed on the public alley at Eastwood Avenue and Poplar Avenue. 19. A stop sign should be installed on the exit lane of the site access driveway on Eastwood Avenue. 20. The Eastwood of Evanston development will provide a total of 78 off-street parking spaces on the first level of the building, including 53 spaces that will be accessed through a common garage door on Eastwood Avenue, 25 spaces that will be accessed from the public alley. Page 424 of 563 25 21. Four of the spaces within the parking garage will be designated as accessible parking spaces which satisfies the accessible parking requirements from the City of Evanston’s Zoning Ordinance for this sized facility. 22. The parking spaces will be reserved for apartment residents, resulting in a parking supply ratio of one space per unit (1:1). 23. The customers of the retail and restaurant uses will utilize on-street parking in the site area. 24. The proposed off-street parking supply (78 spaces) falls short of satisfying the Zoning Ordinance parking requirement for the project (144 spaces) by 66 spaces. 25. To render an opinion on the adequacy of the proposed off-street parking supply, KLOA, Inc. conducted parking occupancy surveys of on-street and off-street parking surrounding the site, reviewed previous parking surveys conducted by KLOA at other area multi-family residential developments located in proximity to transit stations, and researched Census data and best practices in parking policies that are supportive of Smart Growth, LEED certification, and transit-oriented developments. 26. The parking surveys indicated that adequate on-street parking is available in the immediate area to accommodate the parking needs of the development’s retail and restaurant patrons and employees, as well as guests of the apartment residents. The surveys showed that 367 on-street parking spaces were available for use during the peak period of parking occupancy (Noon) on a weekday and more than 624 on-street spaces were available during peak parking times on a Saturday (5:00 P.M.). Within one block of the site, 48 spaces were available at Noon on the weekday and 107 spaces were available at 5:00 P.M. on Saturday, both of which exceed the City’s commercial parking requirement for the project (36 spaces). 27. The only times when these on-street spaces would not be available would be during special events that take place each year at Ryan Field or along Central Street (i.e., Northwestern football games, graduations, July 4th parade, etc.). These special events only occur 12-13 times each year and mostly on weekends. On these days, retail and restaurant patrons and employees will need to find other parking locations or alternate modes of travel to the site. 28. It is acknowledged that there is a potential for existing Evanston businesses, presently located elsewhere in the City, to relocate onto Central Street in the vicinity of the site. If and when these future relocations occur, some of the available on-street parking in the area may be utilized by the employees and patrons of these businesses as well. 29. The parking surveys also indicated that nearby off-street parking facilities are underutilized, providing a potential opportunity for the site’s developer or business owners to work out agreements with the respective land owners to utilize those facilities during the weekend and/or weekday evening hours as additional parking areas for self-parking and/or valet parking operations. These facilities include the Ryan Field lot, Evanston Hospital/City of Evanston Lot 64, Saint Athanasius School lot, and two private commercial lots, although the Ryan Field lot is likely utilized to a far greater degree during the academic year than at the time of the surveys. Page 425 of 563 26 30. Based on the proximity of the site to Northwestern University’s Ryan Field (49,000 seat capacity) and Welsh-Ryan Arena (8,100-seat capacity), there will always be a large amount of off-street parking in the area that is underutilized for a majority of the year. 31. Parking surveys previously conducted by KLOA at other multi-family residential developments in Evanston located in proximity to transit stations indicated a peak parking demand ratio that ranged from 0.90 to 1.05 spaces per dwelling unit, which would suggest that the 1:1 parking ratio proposed for The Eastwood of Evanston development would be sufficient to accommodate the peak parking demand from the apartment tenants. 32. Furthermore, Census 2000 data for the area within ½-mile of the Central Street Metra station and the Central CTA-Purple Line station indicates that the average automobile ownership per household ranges from 1.38 to 1.39, which is considerably lower than the City’s parking requirement for multi-family units with two or more bedrooms. Since the majority of these households are single-family detached units, likely with three or more bedrooms, this auto ownership range is approximately 30 percent lower than the Zoning Ordinance parking requirement for single-family homes (2 spaces/unit). Applying a similar 30 percent reduction to The Eastwood of Evanston unit mix would result in a total parking requirement of 76 spaces or 0.98 spaces per dwelling unit, on average. 33. The proximity of The Eastwood of Evanston site to the Metra and CTA stations qualifies the project as a Transit-Oriented Development (TOD). 34. Best practices with respect to parking policies that are supportive of Smart Growth and TODs include strategies that promote walking, biking and the use of public transit while reducing or eliminating the need for private automobiles. 35. Several of these strategies will be incorporated into the proposed development, including managing the amount of parking provided, reserving parking for carsharing services, providing secured bicycle storage, and potentially unbundling parking costs from the unit leases. 36. The incorporation of these strategies into the project promotes sustainable building design and will aid the project in achieving LEED Silver certification from the U.S. Green Building Council. 37. While the Evanston Zoning Ordinance does not contain provisions for reducing parking requirements based on the incorporation of these strategies as other cities do, the recognition of the value that these best practices provide towards encouraging alternative modes of travel can be considered in the decision on whether the proposed off-street parking supply is sufficient. 38. It is KLOA, Inc.’s professional opinion that the off-street parking supply proposed for The Eastwood of Evanston development is adequate and appropriate based on the combination of efficient transit access, on-site provisions for carsharing services and bicycle storage, the potential for unbundled parking pricing policies for building tenants, historic peak parking demand ratios experienced at other nearby residential buildings in Evanston, area Census data on automobile ownership, the widespread availability of on-street parking in the area, and the potential availability of a large amount of off-street parking. Page 426 of 563 Page 427 of 563 Table A1 City of Evanston On-Street Parking Occupancy Counts Thursday July 14, 2011 Block No.Block Side Capacity Parking Regulation 6:00 AM 10:00 AM Noon 2:00 PM 5:00 PM 7:00 PM 9:00 PM Livingston Street North 16 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 2 4 3 3 3 4 4 (Poplar Ave. to Broadway Ave.)South 0 No Parking Anytime 0 0 0 0 0 0 0 Livingston Street North 22 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 6 6 5 7 8 8 9 (Broadway Ave. to Eastwood Ave.)South 0 No Parking Anytime 0 0 0 0 0 0 0 Livingston Street North 7 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 0 0 0 0 0 0 0 (East of Eastwood Ave.)South 0 No Parking Anytime 0 0 0 0 0 0 0 Poplar Avenue West 79 15-hour metered parking, Mon-Sat 9 AM - 6 PM 13 70 70 68 49 29 16 (Livingston St. to Central St.)East 28 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 7 17 17 18 15 12 9 Broadway Avenue West 0 No Parking Anytime 0 0 0 0 0 0 0 (Livingston St. to Chancellor St.)East 14 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 1 7 10 10 4 5 2 Eastwood Avenue West 13 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 10 11 11 10 11 10 10 (Livingston St. to Chancellor St.)East 0 No Parking Anytime 0 0 0 0 0 0 0 Ashland Avenue West 0 No Parking Anytime 0 0 0 0 0 0 0 (Isabella St. to Central St.)East 72 38 51 48 28 12 9 7 Chancellor Street North 22 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 10 11 15 16 10 12 14 (Broadway Ave. to Eastwood Ave.)South 0 No Parking Anytime 0 0 0 0 0 0 0 Chancellor Street North 7 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 3 5 6 6 2 3 3 (East of Eastwood Ave.)South 0 No Parking Anytime 0 0 0 0 0 0 0 Broadway Avenue West 0 No Parking Anytime 0 0 0 0 0 0 0 (Chancellor St. to Central St.)East 10 2-hr metered pkg, Mon-Sat 9 A-6 P; No Pkg 7-9 A, Except S/S/Hol and Dist. 6 Permit 4 6 6 6 1 2 0 Eastwood Avenue West 13 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 10 13 13 11 11 12 12 (Chancellor St. to Central St.)East 0 No Parking Anytime 0 0 0 0 0 0 0 Central Street North 18 2-hour metered parking, Mon-Sat 9 AM - 6 PM 1 6 10 5 2 1 1 (Broadway Ave. to Eastwood Ave.)South 20 2-hour metered parking, Mon-Sat 9 AM - 6 PM 0 5 5 6 4 5 4 Central Street North 6 5 4 6 5 2 2 1 (Eastwood Ave. to Ashland Ave.)South 13 2-hr parking 9M - 6 P, Except Sun/Hol; 3-hour metered parking Mon-Sat 9 A-6 P 0 11 5 5 1 2 5 Central Street North 15 14 12 9 6 3 4 2 (Ashland Ave. to Jackson Ave.)South 12 3 6 8 8 11 10 11 Poplar Avenue West 33 15-hour metered parking, Mon-Sat 9 AM - 6 PM 12 34 33 32 21 16 12 (Central St. to Harrison St.)East 0 No Parking Anytime 0 0 0 0 0 0 0 Eastwood Avenue West 11 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 9 11 10 8 7 8 7 (Central St. to Harrison St.)East 0 No Parking Anytime 0 0 0 0 0 0 0 Harrison Street North 0 No Parking Anytime 0 0 0 0 0 0 0 (Poplar Ave. to Eastwood Ave.)South 12 No Parking 7-10 AM, Except Sat/Sun/Hol and District 6 Permit 10 6 8 9 9 9 8 Poplar Avenue West 34 15-hour metered parking, Mon-Sat 9 AM - 6 PM 9 34 34 34 21 14 8 (Harrison St. to Lincoln St.)East 0 No Parking Anytime 0 0 0 0 0 0 0 Eastwood Avenue West 11 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 3 3 5 5 4 3 2 (Harrison St. to Lincoln St.)East 0 No Parking Anytime 0 0 0 0 0 0 0 Ashland Avenue West 23 No Parking 10 AM - 4 PM Except Sat/Sun/Hol 0 0 0 0 0 0 0 (Central St. to Lincoln St.)East 27 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 11 15 14 10 8 10 10 Jackson Avenue West 28 17 6 7 6 7 13 12 (Central St. to Lincoln St.)East 24 19 16 15 17 6 14 14 Lincoln Street North 0 No Parking Anytime 0 0 0 0 0 0 0 (Poplar Ave. to Eastwood Ave.)South 4 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 0 1 3 4 1 1 1 Lincoln Street North 17 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 1 11 4 5 2 3 2 (Eastwood Ave. to Ashland Ave.)South 16 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 0 0 1 1 5 3 1 Lincoln Street North 18 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 4 5 12 2 3 2 2 (Ashland Ave. to Jackson Ave.)South 20 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 1 0 7 2 2 1 1 Poplar Avenue West 79 15-hour metered parking, Mon-Sat 9 AM - 6 PM 1 55 55 53 40 24 11 (Lincoln St. to Colfax St.)East 18 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 0 7 8 6 5 3 0 Ashland Avenue West 0 No Parking Anytime 0 0 0 0 0 0 0 (Lincoln St. to Colfax St.)East 16 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 3 3 6 1 3 3 2 Jackson Avenue West 19 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 2 0 0 0 1 2 2 (Lincoln St. to Colfax St.)East 9 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 0 0 0 0 0 0 0 Colfax Street North 7 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 0 0 0 0 0 0 0 (Colfax Terrace to Ashland Ave.)South 9 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 0 0 0 0 1 1 0 Colfax Street North 19 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 5 6 5 9 4 6 4 (Ashland Ave. to Jackson Ave.)South 0 No Parking Anytime 0 0 0 0 0 0 0 841 234 458 474 422 299 266 209 19 20 21 22 29 24 25 26 27 28 14 15 16 17 18 Total 11 Number of Spaces Occupied 1 2 3 4 5 6 7 8 9 10 23 12 13 Page 428 of 563 Table A2 City of Evanston On-Street Parking Occupancy Counts Saturday July 16, 2011 Block No.Block Side Capacity Parking Regulation 10:00 AM Noon 2:00 PM 5:00 PM 7:00 PM 10:00 PM Livingston Street North 16 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 4 6 2 2 2 2 (Poplar Ave. to Broadway Ave.)South 0 No Parking Anytime 0 0 0 0 0 0 Livingston Street North 22 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 4 3 3 2 2 2 (Broadway Ave. to Eastwood Ave.)South 0 No Parking Anytime 0 0 0 0 0 0 Livingston Street North 7 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 1 0 1 1 1 1 (East of Eastwood Ave.)South 0 No Parking Anytime 0 0 0 0 0 0 Poplar Avenue West 79 15-hour metered parking, Mon-Sat 9 AM - 6 PM 6 5 2 1 1 0 (Livingston St. to Central St.)East 28 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 12 11 9 11 12 12 Broadway Avenue West 0 No Parking Anytime 0 0 0 0 0 0 (Livingston St. to Chancellor St.)East 14 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 6 7 2 3 4 4 Eastwood Avenue West 13 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 11 11 7 5 8 9 (Livingston St. to Chancellor St.)East 0 No Parking Anytime 0 0 0 0 0 0 Ashland Avenue West 0 No Parking Anytime 0 0 0 0 0 0 (Isabella St. to Central St.)East 72 1 0 6 7 1 0 Chancellor Street North 22 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 13 15 14 15 17 18 (Broadway Ave. to Eastwood Ave.)South 0 No Parking Anytime 0 0 0 0 0 0 Chancellor Street North 7 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 5 3 4 4 3 4 (East of Eastwood Ave.)South 0 No Parking Anytime 0 0 0 0 0 0 Broadway Avenue West 0 No Parking Anytime 0 0 0 0 0 0 (Chancellor St. to Central St.)East 10 2-hr metered pkg, Mon-Sat 9 A-6 P; No Pkg 7-9 A, Except S/S/Hol and Dist. 6 Permit 7 3 1 2 1 1 Eastwood Avenue West 13 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 10 12 11 6 10 11 (Chancellor St. to Central St.)East 0 No Parking Anytime 0 0 0 0 0 0 Central Street North 18 2-hour metered parking, Mon-Sat 9 AM - 6 PM 4 3 2 0 1 0 (Broadway Ave. to Eastwood Ave.)South 20 2-hour metered parking, Mon-Sat 9 AM - 6 PM 2 5 1 5 1 1 Central Street North 6 2 3 2 1 1 0 (Eastwood Ave. to Ashland Ave.)South 13 2-hr parking 9M - 6 P, Except Sun/Hol; 3-hour metered parking Mon-Sat 9 A-6 P 3 5 0 1 1 1 Central Street North 15 6 7 6 7 5 9 (Ashland Ave. to Jackson Ave.)South 12 6 8 7 9 10 10 Poplar Avenue West 33 15-hour metered parking, Mon-Sat 9 AM - 6 PM 4 6 5 5 10 10 (Central St. to Harrison St.)East 0 No Parking Anytime 0 0 0 0 0 0 Eastwood Avenue West 11 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 10 9 5 8 7 7 (Central St. to Harrison St.)East 0 No Parking Anytime 0 0 0 0 0 0 Harrison Street North 0 No Parking Anytime 0 0 0 0 0 0 (Poplar Ave. to Eastwood Ave.)South 12 No Parking 7-10 AM, Except Sat/Sun/Hol and District 6 Permit 12 10 9 11 8 12 Poplar Avenue West 34 15-hour metered parking, Mon-Sat 9 AM - 6 PM 1 2 2 2 2 2 (Harrison St. to Lincoln St.)East 0 No Parking Anytime 0 0 0 0 0 0 Eastwood Avenue West 11 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 3 2 2 5 6 4 (Harrison St. to Lincoln St.)East 0 No Parking Anytime 0 0 0 0 0 0 Ashland Avenue West 23 No Parking 10 AM - 4 PM Except Sat/Sun/Hol 0 0 0 0 0 0 (Central St. to Lincoln St.)East 27 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 6 10 7 16 9 11 Jackson Avenue West 28 14 13 10 15 12 13 (Central St. to Lincoln St.)East 24 15 11 10 14 12 12 Lincoln Street North 0 No Parking Anytime 0 0 0 0 0 0 (Poplar Ave. to Eastwood Ave.)South 4 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 0 0 0 1 0 0 Lincoln Street North 17 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 1 2 3 10 0 0 (Eastwood Ave. to Ashland Ave.)South 16 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 0 5 1 14 1 1 Lincoln Street North 18 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 2 1 5 10 4 4 (Ashland Ave. to Jackson Ave.)South 20 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 3 3 1 6 2 3 Poplar Avenue West 79 15-hour metered parking, Mon-Sat 9 AM - 6 PM 2 0 0 0 0 0 (Lincoln St. to Colfax St.)East 18 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 2 2 1 1 0 0 Ashland Avenue West 0 No Parking Anytime 0 0 0 0 0 0 (Lincoln St. to Colfax St.)East 16 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 1 2 4 7 5 5 Jackson Avenue West 19 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 1 2 1 1 1 1 (Lincoln St. to Colfax St.)East 9 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 0 0 0 0 0 0 Colfax Street North 7 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 0 0 0 0 0 0 (Colfax Terrace to Ashland Ave.)South 9 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 2 2 2 1 1 1 Colfax Street North 19 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 6 5 7 8 5 7 (Ashland Ave. to Jackson Ave.)South 0 No Parking Anytime 0 0 0 0 0 0 841 188 194 155 217 166 178 11 1 2 3 4 5 6 7 8 9 10 23 12 13 14 15 16 17 18 19 20 21 22 Total 24 25 26 27 28 29 Page 429 of 563 Table A3 City of Evanston On-Street Parking Occupancy Percentages Thursday July 14, 2011 Block No.Block Side Capacity Parking Regulation 6:00 AM 10:00 AM Noon 2:00 PM 5:00 PM 7:00 PM 9:00 PM Livingston Street North 16 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 12.5%25.0%18.8%18.8%18.8%25.0%25.0% (Poplar Ave. to Broadway Ave.)South 0 No Parking Anytime ------- Livingston Street North 22 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 27.3%27.3%22.7%31.8%36.4%36.4%40.9% (Broadway Ave. to Eastwood Ave.)South 0 No Parking Anytime ------- Livingston Street North 7 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 0.0%0.0%0.0%0.0%0.0%0.0%0.0% (East of Eastwood Ave.)South 0 No Parking Anytime ------- Poplar Avenue West 79 15-hour metered parking, Mon-Sat 9 AM - 6 PM 16.5%88.6%88.6%86.1%62.0%36.7%20.3% (Livingston St. to Central St.)East 28 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 25.0%60.7%60.7%64.3%53.6%42.9%32.1% Broadway Avenue West 0 No Parking Anytime ------- (Livingston St. to Chancellor St.)East 14 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 7.1%50.0%71.4%71.4%28.6%35.7%14.3% Eastwood Avenue West 13 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 76.9%84.6%84.6%76.9%84.6%76.9%76.9% (Livingston St. to Chancellor St.)East 0 No Parking Anytime ------- Ashland Avenue West 0 No Parking Anytime ------- (Isabella St. to Central St.)East 72 52.8%70.8%66.7%38.9%16.7%12.5%9.7% Chancellor Street North 22 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 45.5%50.0%68.2%72.7%45.5%54.5%63.6% (Broadway Ave. to Eastwood Ave.)South 0 No Parking Anytime ------- Chancellor Street North 7 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 42.9%71.4%85.7%85.7%28.6%42.9%42.9% (East of Eastwood Ave.)South 0 No Parking Anytime ------- Broadway Avenue West 0 No Parking Anytime ------- (Chancellor St. to Central St.)East 10 2-hr metered pkg, Mon-Sat 9 A-6 P; No Pkg 7-9 A, Except S/S/Hol and Dist. 6 Permit 40.0%60.0%60.0%60.0%10.0%20.0%0.0% Eastwood Avenue West 13 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 76.9%100.0%100.0%84.6%84.6%92.3%92.3% (Chancellor St. to Central St.)East 0 No Parking Anytime ------- Central Street North 18 2-hour metered parking, Mon-Sat 9 AM - 6 PM 5.6%33.3%55.6%27.8%11.1%5.6%5.6% (Broadway Ave. to Eastwood Ave.)South 20 2-hour metered parking, Mon-Sat 9 AM - 6 PM 0.0%25.0%25.0%30.0%20.0%25.0%20.0% Central Street North 6 83.3%66.7%100.0%83.3%33.3%33.3%16.7% (Eastwood Ave. to Ashland Ave.)South 13 2-hr parking 9M - 6 P, Except Sun/Hol; 3-hour metered parking Mon-Sat 9 A-6 P 0.0%84.6%38.5%38.5%7.7%15.4%38.5% Central Street North 15 93.3%80.0%60.0%40.0%20.0%26.7%13.3% (Ashland Ave. to Jackson Ave.)South 12 25.0%50.0%66.7%66.7%91.7%83.3%91.7% Poplar Avenue West 33 15-hour metered parking, Mon-Sat 9 AM - 6 PM 36.4%103.0%100.0%97.0%63.6%48.5%36.4% (Central St. to Harrison St.)East 0 No Parking Anytime ------- Eastwood Avenue West 11 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 81.8%100.0%90.9%72.7%63.6%72.7%63.6% (Central St. to Harrison St.)East 0 No Parking Anytime ------- Harrison Street North 0 No Parking Anytime ------- (Poplar Ave. to Eastwood Ave.)South 12 No Parking 7-10 AM, Except Sat/Sun/Hol and District 6 Permit 83.3%50.0%66.7%75.0%75.0%75.0%66.7% Poplar Avenue West 34 15-hour metered parking, Mon-Sat 9 AM - 6 PM 26.5%100.0%100.0%100.0%61.8%41.2%23.5% (Harrison St. to Lincoln St.)East 0 No Parking Anytime ------- Eastwood Avenue West 11 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 27.3%27.3%45.5%45.5%36.4%27.3%18.2% (Harrison St. to Lincoln St.)East 0 No Parking Anytime ------- Ashland Avenue West 23 No Parking 10 AM - 4 PM Except Sat/Sun/Hol 0.0%0.0%0.0%0.0%0.0%0.0%0.0% (Central St. to Lincoln St.)East 27 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 40.7%55.6%51.9%37.0%29.6%37.0%37.0% Jackson Avenue West 28 60.7%21.4%25.0%21.4%25.0%46.4%42.9% (Central St. to Lincoln St.)East 24 79.2%66.7%62.5%70.8%25.0%58.3%58.3% Lincoln Street North 0 No Parking Anytime ------- (Poplar Ave. to Eastwood Ave.)South 4 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 0.0%25.0%75.0%100.0%25.0%25.0%25.0% Lincoln Street North 17 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 5.9%64.7%23.5%29.4%11.8%17.6%11.8% (Eastwood Ave. to Ashland Ave.)South 16 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 0.0%0.0%6.3%6.3%31.3%18.8%6.3% Lincoln Street North 18 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 22.2%27.8%66.7%11.1%16.7%11.1%11.1% (Ashland Ave. to Jackson Ave.)South 20 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 5.0%0.0%35.0%10.0%10.0%5.0%5.0% Poplar Avenue West 79 15-hour metered parking, Mon-Sat 9 AM - 6 PM 1.3%69.6%69.6%67.1%50.6%30.4%13.9% (Lincoln St. to Colfax St.)East 18 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 0.0%38.9%44.4%33.3%27.8%16.7%0.0% Ashland Avenue West 0 No Parking Anytime ------- (Lincoln St. to Colfax St.)East 16 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 18.8%18.8%37.5%6.3%18.8%18.8%12.5% Jackson Avenue West 19 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 10.5%0.0%0.0%0.0%5.3%10.5%10.5% (Lincoln St. to Colfax St.)East 9 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 0.0%0.0%0.0%0.0%0.0%0.0%0.0% Colfax Street North 7 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 0.0%0.0%0.0%0.0%0.0%0.0%0.0% (Colfax Terrace to Ashland Ave.)South 9 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 0.0%0.0%0.0%0.0%11.1%11.1%0.0% Colfax Street North 19 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 26.3%31.6%26.3%47.4%21.1%31.6%21.1% (Ashland Ave. to Jackson Ave.)South 0 No Parking Anytime ------- 841 27.8%54.5%56.4%50.2%35.6%31.6%24.9% 11 Number of Spaces Occupied 1 2 3 4 5 6 7 8 9 10 23 12 13 14 15 16 17 18 19 20 21 22 Total 24 25 26 27 28 29 Page 430 of 563 Table A4 City of Evanston On-Street Parking Occupancy Percentages Saturday July 16, 2011 Block No.Block Side Capacity Parking Regulation 10:00 AM Noon 2:00 PM 5:00 PM 7:00 PM 10:00 PM Livingston Street North 16 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 25.0%37.5%12.5%12.5%12.5%12.5% (Poplar Ave. to Broadway Ave.)South 0 No Parking Anytime ------ Livingston Street North 22 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 18.2%13.6%13.6%9.1%9.1%9.1% (Broadway Ave. to Eastwood Ave.)South 0 No Parking Anytime ------ Livingston Street North 7 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 14.3%0.0%14.3%14.3%14.3%14.3% (East of Eastwood Ave.)South 0 No Parking Anytime ------ Poplar Avenue West 79 15-hour metered parking, Mon-Sat 9 AM - 6 PM 7.6%6.3%2.5%1.3%1.3%0.0% (Livingston St. to Central St.)East 28 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 42.9%39.3%32.1%39.3%42.9%42.9% Broadway Avenue West 0 No Parking Anytime ------ (Livingston St. to Chancellor St.)East 14 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 42.9%50.0%14.3%21.4%28.6%28.6% Eastwood Avenue West 13 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 84.6%84.6%53.8%38.5%61.5%69.2% (Livingston St. to Chancellor St.)East 0 No Parking Anytime ------ Ashland Avenue West 0 No Parking Anytime ------ (Isabella St. to Central St.)East 72 1.4%0.0%8.3%9.7%1.4%0.0% Chancellor Street North 22 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 59.1%68.2%63.6%68.2%77.3%81.8% (Broadway Ave. to Eastwood Ave.)South 0 No Parking Anytime ------ Chancellor Street North 7 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 71.4%42.9%57.1%57.1%42.9%57.1% (East of Eastwood Ave.)South 0 No Parking Anytime ------ Broadway Avenue West 0 No Parking Anytime ------ (Chancellor St. to Central St.)East 10 2-hr metered pkg, Mon-Sat 9 A-6 P; No Pkg 7-9 A, Except S/S/Hol and Dist. 6 Permit 70.0%30.0%10.0%20.0%10.0%10.0% Eastwood Avenue West 13 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 76.9%92.3%84.6%46.2%76.9%84.6% (Chancellor St. to Central St.)East 0 No Parking Anytime ------ Central Street North 18 2-hour metered parking, Mon-Sat 9 AM - 6 PM 22.2%16.7%11.1%0.0%5.6%0.0% (Broadway Ave. to Eastwood Ave.)South 20 2-hour metered parking, Mon-Sat 9 AM - 6 PM 10.0%25.0%5.0%25.0%5.0%5.0% Central Street North 6 33.3%50.0%33.3%16.7%16.7%0.0% (Eastwood Ave. to Ashland Ave.)South 13 2-hr parking 9M - 6 P, Except Sun/Hol; 3-hour metered parking Mon-Sat 9 A-6 P 23.1%38.5%0.0%7.7%7.7%7.7% Central Street North 15 40.0%46.7%40.0%46.7%33.3%60.0% (Ashland Ave. to Jackson Ave.)South 12 50.0%66.7%58.3%75.0%83.3%83.3% Poplar Avenue West 33 15-hour metered parking, Mon-Sat 9 AM - 6 PM 12.1%18.2%15.2%15.2%30.3%30.3% (Central St. to Harrison St.)East 0 No Parking Anytime ------ Eastwood Avenue West 11 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 90.9%81.8%45.5%72.7%63.6%63.6% (Central St. to Harrison St.)East 0 No Parking Anytime ------ Harrison Street North 0 No Parking Anytime ------ (Poplar Ave. to Eastwood Ave.)South 12 No Parking 7-10 AM, Except Sat/Sun/Hol and District 6 Permit 100.0%83.3%75.0%91.7%66.7%100.0% Poplar Avenue West 34 15-hour metered parking, Mon-Sat 9 AM - 6 PM 2.9%5.9%5.9%5.9%5.9%5.9% (Harrison St. to Lincoln St.)East 0 No Parking Anytime ------ Eastwood Avenue West 11 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 27.3%18.2%18.2%45.5%54.5%36.4% (Harrison St. to Lincoln St.)East 0 No Parking Anytime ------ Ashland Avenue West 23 No Parking 10 AM - 4 PM Except Sat/Sun/Hol 0.0%0.0%0.0%0.0%0.0%0.0% (Central St. to Lincoln St.)East 27 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 22.2%37.0%25.9%59.3%33.3%40.7% Jackson Avenue West 28 50.0%46.4%35.7%53.6%42.9%46.4% (Central St. to Lincoln St.)East 24 62.5%45.8%41.7%58.3%50.0%50.0% Lincoln Street North 0 No Parking Anytime ------ (Poplar Ave. to Eastwood Ave.)South 4 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 0.0%0.0%0.0%25.0%0.0%0.0% Lincoln Street North 17 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 5.9%11.8%17.6%58.8%0.0%0.0% (Eastwood Ave. to Ashland Ave.)South 16 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 0.0%31.3%6.3%87.5%6.3%6.3% Lincoln Street North 18 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 11.1%5.6%27.8%55.6%22.2%22.2% (Ashland Ave. to Jackson Ave.)South 20 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 15.0%15.0%5.0%30.0%10.0%15.0% Poplar Avenue West 79 15-hour metered parking, Mon-Sat 9 AM - 6 PM 2.5%0.0%0.0%0.0%0.0%0.0% (Lincoln St. to Colfax St.)East 18 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 11.1%11.1%5.6%5.6%0.0%0.0% Ashland Avenue West 0 No Parking Anytime ------ (Lincoln St. to Colfax St.)East 16 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 6.3%12.5%25.0%43.8%31.3%31.3% Jackson Avenue West 19 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 5.3%10.5%5.3%5.3%5.3%5.3% (Lincoln St. to Colfax St.)East 9 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 0.0%0.0%0.0%0.0%0.0%0.0% Colfax Street North 7 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 0.0%0.0%0.0%0.0%0.0%0.0% (Colfax Terrace to Ashland Ave.)South 9 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 22.2%22.2%22.2%11.1%11.1%11.1% Colfax Street North 19 No Parking 7-9 AM, Except Sat/Sun/Hol and District 6 Permit 31.6%26.3%36.8%42.1%26.3%36.8% (Ashland Ave. to Jackson Ave.)South 0 No Parking Anytime ------ 841 22.4%23.1%18.4%25.8%19.7%21.2% 11 1 2 3 4 5 6 7 8 9 10 23 12 13 14 15 16 17 18 19 20 21 22 Total 24 25 26 27 28 29 Page 431 of 563 Table A5 City of Evanston Off-Street Parking Occupancy Counts Thursday July 14, 2011 Lot No.Lot Capacity Parking Regulation 6:00 AM 10:00 AM Noon 2:00 PM 5:00 PM 7:00 PM 9:00 PM DSI Evanston Renal Center TBI - The Bureaus, Inc. Evanston Hospital Permit Required Mon-Fri, 8 AM-4 PM City of Evanston Parking Lot 64 Permit Required Mon-Fri, 5 AM-3 PM Faculty, Staff, Student, Athletics or Visitor Permit Required Mon-Fri, 8 AM-4 PM 938 438 588 562 449 128 98 76 Table A6 City of Evanston Off-Street Parking Occupancy Counts Saturday July 16, 2011 Lot No.Lot Capacity Parking Regulation 10:00 AM Noon 2:00 PM 5:00 PM 7:00 PM 9:00 PM DSI Evanston Renal Center TBI - The Bureaus, Inc. Evanston Hospital Permit Required Mon-Fri, 8 AM-4 PM City of Evanston Parking Lot 64 Permit Required Mon-Fri, 5 AM-3 PM Faculty, Staff, Student, Athletics or Visitor Permit Required Mon-Fri, 8 AM-4 PM 938 37 29 28 23 22 23Total 5 4 1 E Ryan Field Lot 395 12 7 6 5 5 5 D 440 4 7 9 1 1 0 1 C Saint Athanasius School 58 14 10 10 12 13 15 B Private Commercial Lot 13 2 2 A 32 5 3 2 0 0 1 13 Saint Athanasius School 44 135 126 118 31 20 15 365 408 401 292 82 64 15 12 11 13 12 7 0 0 2 46 13 Total 32 13 58 440 395ERyan Field Lot Number of Spaces Occupied A B C D 12 23 22 19 Private Commercial Lot 3 1 0 2 10 2 Page 432 of 563 Table A7 City of Evanston Off-Street Parking Occupancy Counts Thursday July 14, 2011 Lot No.Lot Capacity Parking Regulation 6:00 AM 10:00 AM Noon 2:00 PM 5:00 PM 7:00 PM 9:00 PM DSI Evanston Renal Center TBI - The Bureaus, Inc. Evanston Hospital Permit Required Mon-Fri, 8 AM-4 PM City of Evanston Parking Lot 64 Permit Required Mon-Fri, 5 AM-3 PM Faculty, Staff, Student, Athletics or Visitor Permit Required Mon-Fri, 8 AM-4 PM 938 46.7%62.7%59.9%47.9%13.6%10.4%8.1% Table A8 City of Evanston Off-Street Parking Occupancy Counts Saturday July 16, 2011 Lot No.Lot Capacity Parking Regulation 10:00 AM Noon 2:00 PM 5:00 PM 7:00 PM 9:00 PM DSI Evanston Renal Center TBI - The Bureaus, Inc. Evanston Hospital Permit Required Mon-Fri, 8 AM-4 PM City of Evanston Parking Lot 64 Permit Required Mon-Fri, 5 AM-3 PM Faculty, Staff, Student, Athletics or Visitor Permit Required Mon-Fri, 8 AM-4 PM 938 3.9%3.1%3.0%2.5%2.3%2.5%Total 1.1%0.9%0.2% E Ryan Field Lot 395 3.0%1.8%1.5%1.3%1.3%1.3% D 440 0.9%1.6%2.0% 7.7%7.7%0.0%7.7% C Saint Athanasius School 58 24.1%17.2%17.2%20.7%22.4%25.9% B Private Commercial Lot 13 15.4%15.4% A 32 15.6%9.4%6.3%0.0%0.0%3.1% 5.1%3.3% Total 14.5%10.5% E 395 11.1%34.2%31.9%29.9%7.8% 20.7%22.4%25.9% D 440 83.0%92.7%91.1%66.4%18.6% 22.4% B 13 15.4%76.9%15.4%53.8% Saint Athanasius School 58 25.9%20.7%19.0% Private Commercial Lot Ryan Field Lot Number of Spaces Occupied A 32 37.5%71.9%68.8%59.4%9.4%3.1%0.0% 0.0%0.0%15.4% C Page 433 of 563 Page 434 of 563 Page 435 of 563 Page 436 of 563 Page 437 of 563 Page 438 of 563 Page 439 of 563 Page 440 of 563 For Planning & Development Committee meeting of September 26, 2011 Item P2 Office Depot Sign Appeal For Action To: Planning and Development Committee From: Steve Griffin, Director, Community and Economic Development Dennis Marino, Manager, Planning & Zoning Walter Hallen, Project Management Supervisor Subject: Appeal of the Decision of the Sign Review and Appeals Board Made on the Wall Sign Variation Requested by Office Depot Date: September 15, 2011 Recommended Action Office Depot has filed a request for an appeal of the decision of the Sign Review and Appeals Board on July 25, 2011 concerning a sign variation for the Office Depot store at 2722 Green Bay Road. At the August 8, 2011 meeting the Planning and Development Committee set the date of September 26, 2011 for a hearing to occur on the appeal. Pursuant to the relevant code provisions stated below, the P&D Committee is the final body with authority to take action relative to the appeal. The appeal should proceed consistent with the following relevant portions of City Code 4- 12-17: (C) Appeals from Decision of Sign Review and Appeals Board (SRAB): 1. Decisions of the SRAB may be appealed to Planning and Development Committee by applicant. 4. The hearing shall be confined to a review of the SRAB’s decision, and, if applicable, of the written objections submitted by the appellant property owner and response(s) thereto filed by the applicant. No verbal presentations shall be heard except upon invitation by the Committee and any such presentation shall be confined to facts and matters contained in the written materials on file in the appeal. (D) The Planning and Development Committee shall either approve, approve with conditions, deny the application, or refer the matter back to the SRAB for further proceedings. The Committee’s decision shall be in writing and shall be issued no later than the next regular meeting after the decision is made. The Committee has two options to consider at this meeting: Option #A: The Committee may agree with the Sign Review and Appeals Board decision and request that Office Depot install signage that complies with the Sign Regulations. Using the Sign Regulation maximum top of sign height on the wall facing Jenks would probably require Memorandum Page 441 of 563 Page 2 that the new canopy be re-supported. It was built with diagonal rods extending back to the building from the top of the canopy. To make a wall sign visible on this façade would require the canopy be re-built with column supports and the rods removed. Option #B: The Committee may reverse the Sign Review and Appeals Board’s decision and grant variations for either or both wall signs requested by Office Depot as follows: A) A wall sign facing Green Bay with its top 11” higher than the 15’-6” maximum given in the Sign Regulations. B) A wall sign facing Jenks with its top 5’-6” higher than the 15’-6” maximum given in the Sign Regulations. Discussion Full discussion of the events leading to this appeal are contained in the July 27, 2011 Memo from Staff to the P&D Committee (attached). Legislative History Title 4 – Chapter 12: SIGN REGULATIONS were first approved in 1987 and had minor Amendments in 2003. Attachments 8/8/11 Planning & Development Committee Meeting Minutes 7/27/11 Memo from Staff to the P&D Committee Page 442 of 563 Page 443 of 563 Page 444 of 563 Page 445 of 563 Page 446 of 563 Page 447 of 563 Page 448 of 563 Page 449 of 563 Page 450 of 563 Page 451 of 563 Page 452 of 563 Page 453 of 563 Page 454 of 563 Page 455 of 563 Page 456 of 563 Page 457 of 563 Page 458 of 563 Page 459 of 563 Page 460 of 563 Page 461 of 563 Page 462 of 563 Page 463 of 563 Page 464 of 563 Page 465 of 563 Page 466 of 563 Page 467 of 563 Page 468 of 563 Page 469 of 563 Page 470 of 563 Page 471 of 563 Page 472 of 563 Page 473 of 563 Page 474 of 563 Page 475 of 563 Page 476 of 563 Page 477 of 563 Page 478 of 563 Page 479 of 563 Page 480 of 563 Page 481 of 563 Page 482 of 563 Page 483 of 563 Page 484 of 563 Page 485 of 563 Page 486 of 563 Page 487 of 563 Page 488 of 563 Page 489 of 563 Page 490 of 563 Page 491 of 563 Page 492 of 563 Page 493 of 563 Page 494 of 563 Page 495 of 563 Page 496 of 563 Page 497 of 563 Page 498 of 563 Page 499 of 563 Page 500 of 563 Page 501 of 563 Page 502 of 563 Page 503 of 563 Page 504 of 563 Page 505 of 563 Page 506 of 563 Page 507 of 563 Page 508 of 563 Page 509 of 563 Page 510 of 563 Page 511 of 563 Page 512 of 563 Page 513 of 563 Page 514 of 563 Page 515 of 563 Page 516 of 563 Page 517 of 563 Page 518 of 563 Page 519 of 563 Page 520 of 563 Page 521 of 563 Page 522 of 563 Page 523 of 563 Page 524 of 563 Page 525 of 563 Page 526 of 563 Page 527 of 563 Page 528 of 563 For City Council meeting of September 26, 2011 Item P3 Ordinance 75-O-11 Special Use for a Type 2 Restaurant at 1701 Sherman Avenue For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Steve Griffin, Director of Community and Economic Development Dennis Marino, Manager, Planning and Zoning Division Dominick Argumedo, Zoning Planner Subject: Ordinance 75-O-11 Granting a Special Use for a Type 2 Restaurant at 1701 Sherman Avenue in the D2 Downtown Retail Core Zoning District Date: August 30, 2011 Recommended Action Staff and the Zoning Board of Appeals (ZBA) recommend the adoption of ordinance 75- O-11, granting a special use permit for the operation of a type 2 restaurant at 1701 Sherman Avenue. This ordinance was introduced at the September 12, 2011 City Council meeting. Summary Warren Johnson Architects Inc., on behalf of Pret A Manger contract lessee, applied for a special use permit to operate a type 2 restaurant, “Pret a Manger”. The proposed restaurant would operate as follows: • Products Offered: Take away sandwiches and salads, pre-made on-site. • Hours of Operation: Monday –Friday: 7AM-9PM Saturday-Sunday: 7AM-5PM • Deliveries: Two deliveries every day before 5:30 AM to the front of the store on Sherman Avenue, one delivery on Sunday. • Employment: 16 total • Floor Plan: Seating for 29 dine-in patrons. Memorandum Page 529 of 563 The Zoning Board of Appeals recommends the following conditions: • That the use and development of the property be in compliance with documents on file and testimony before the ZBA; • That owners and employees use off-street parking when operating the facility, • That the applicant adhere to the City’s litter and garbage collection plans; and • That the eligible store hours to operate be limited from 6AM until 10PM. Legislative History August 2, 2011 – ZBA voted 6-0 to recommend approval with conditions of the requested special use permit. Attachments Ordinance 75-O-11 Context Map Floor Plan Restaurant Overview Proposed Menu ZBA Staff Report ZBA Findings Letter Page 530 of 563 8/22/2011 75-O-11 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 1701 Sherman Avenue in the D2 Downtown Retail Core Zoning District (“Pret A Manger”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on August 2, 2011, pursuant to proper notice, to consider case no. 11ZMJV-0054, an application filed, with permission from Evanston Realty Associates, owner of the property legally described in Exhibit A, attached hereto and made a part hereof, commonly known as 1701 Sherman Avenue (the “Subject Property”) and located in the D2 Downtown Retail Core Zoning District, by Pret A Manger (the “Applicant”), contract lessee of the Subject Property, for a Special Use Permit to establish, pursuant to Subsection 6-11-3-4 of Title 6 of the Evanston City Code, 1979, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “Pret A Manger,” on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Type 2 Restaurant met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of September 12, 2011, the Planning and Development Committee of the City Council (“P&D Committee”) considered and adopted the ZBA’s record and findings and recommended City Council approval thereof; and Page 531 of 563 75-O-11 ~2~ WHEREAS, at its meeting of September 26, 2011, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are found as fact and made a part hereof. SECTION 2: That the City Council hereby approves the Special Use Permit for a Type 2 Restaurant on the Subject Property as applied for in case no. 11ZMJV-0054. SECTION 3: That, pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the grant of a Special Use Permit, violation of any of which shall constitute grounds for revocation thereof pursuant to Subsection 6-3-10-6 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Litter Collection Plan: The Applicant shall implement and adhere to a Litter Collection Plan that requires the policing of an area located within a radius of two hundred fifty feet (250’) of the Subject Property. The Applicant shall police this area at least once every three (3) hours during the hours the Special Use is in operation and shall keep it free of all litter, from any source. For the purpose of this ordinance, “litter” shall include, but is not limited to: food, food waste, and beverages; solid waste, including paper, wrappings, containers, cardboard, napkins, straws, utensils, plates, cans, glass, crockery, cigarette butts, ashes and similar materials; animal waste and dead animals; yard clippings and leaves; and all other waste materials which, if thrown or deposited as herein prohibited, may create a danger to public health, safety, or welfare. Page 532 of 563 75-O-11 ~3~ C. Litter Pick-Up Plan: The Applicant and/or the owner of the Subject Property shall provide and maintain, on the Subject Property, exterior litter receptacles, in sufficient number and type, and with collections therefrom of sufficient number and frequency, in the City’s judgment, to contain, with lids tightly shut, all litter emanating from operation of the Special Use authorized hereby. Litter shall be collected no less than three (3) times per week, including collections on Sundays as necessary, in the City’s judgment, to comply with this condition. All litter receptacles shall be maintained in a clean condition with tight-fitting lids, and shall be placed on Code-compliant surfaces. The owner of the Subject Property shall provide adequate space at the rear of and on the Subject Property to accommodate the litter receptacles and collections required. Within seven (7) days of written notice from the City to do so, the Applicant and/or the owner of the Subject Property shall modify the number of litter receptacles and/or the number of collections therefrom, as directed by the City. D. Hours of Operation: The Applicant shall not operate the Type 2 Restaurant authorized by the terms of this ordinance before 6:00 a.m. or after 10:00 p.m. on any day. E. Employee Parking: When driving to work at the Type 2 Restaurant authorized by the terms of this ordinance, the Applicant and its employees shall park only in an off-street parking facility. SECTION 4: That, when necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: That, before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 6: That if any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. Page 533 of 563 75-O-11 ~4~ SECTION 7: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8: That the findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 9: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2011 Adopted:___________________, 2011 Approved: __________________________, 2011 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel Page 534 of 563 75-O-11 ~5~ EXHIBIT A LEGAL DESCRIPTION PARCEL 1: THE SOUTH 150 FEET OF LOTS 5 AND 6, (TAKEN AS A TRACT), IN BLOCK 16 IN THE ORIGINAL VILLAGE, NOW THE CITY OF EVANSTON, EXCEPTING FROM SAID PREMISES THE W EST 50 FEET AND ALSO EXCEPT THE EAST 25 FEET OF THE W EST 75 FEET OF THE SOUTH 50 FEET OF THE NORTH 60 FEET OF SAID LOT 6, IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 1A: EASEMENT FOR THE BENEFIT OF PARCEL 1 AFORESAID FOR RIGHT OF WAY FOR INGRESS AND EGRESS IN, OVER AND UPON THE NORTH 10 FEET OF THE EAST 65 FEET OF LOT 6 AND THE SOUTH 2 FEET OF THE EAST 65 FEET OF LOT 7 IN BLOCK 16 IN THE ORIGINAL VILLAGE, NOW CITY OF EVANSTON, IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, AS CREATED BY WARRANTY DEED FROM CONRAD SCHMEISSER AND ANNA SCHMEISSER, HIS WIFE, TO HENRY HUNTON, DATED JUNE 5, 1915 AND RECORDED JUNE 24,1915, AS DOCUMENT 5660422, IN COOK COUNTY, ILLINOIS. PARCEL 2: THE W EST 50 FEET OF LOT 5 AND THE W EST 50 FEET OF THE SOUTH 15 FEET OF LOT 6 IN BLOCK 16 IN EVANSTON IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 2A: EASEMENT FOR THE BENEFIT OF PARCEL 2 AS CREATED BY GRANT FROM CONRAD SCHMEISSER AND ANNA, HIS WIFE TO JENNIE M. BEAKE AND HELEN S. BEAKE, DATED FEBRUARY 15, 1912 AND RECORDED FEBRUARY 16, 1912 AS DOCUMENT 4914908 FOR PASSAGEWAY OVER THE SOUTH 5 FEET OF THE NORTH 65 FEET OF THE W EST 50 FEET OF LOT 6 IN BLOCK 16 IN EVANSTON, IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN. PINs: 11-18-127-003-0000 11-18-127-004-0000 COMMONLY KNOWN AS: 1701 Sherman Avenue, Evanston, Illinois. Page 535 of 563 1701 Sherman Avenue Context Map DISCLAIMER: This map and data are provided as-in without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information Scale 1:1,232 Made with Evanston's GIS Printed: Aug 31, 2011 4:46:21 PMPage 536 of 563 Page 537 of 563 Page 538 of 563 Page 539 of 563 To: Zoning Board of Appeals From: Dominick Argumedo, Zoning Planner Subject: 1701 Sherman Avenue, 11ZMJV-0054, City Council Determining Body Date: July 29, 2011 Notice—Published in the July 14, 2011 Evanston Review: Warren Johnson Architects Inc., on behalf of Pret A Manger contract lessee, to open a Type 2 Restaurant. 1701 Sherman Avenue is located in the D2 Downtown Retail Core zoning district that requires a special use permit for any type 2 restaurant to operate. The Zoning Board of Appeals makes a recommendation to the City Council, the final determining body for this case. Site/Proposal Background: Pret A manger proposes to locate a franchise at the northeast corner of Sherman Avenue and Church Street. The site is currently a Clear Communications retail store. The applicant proposes to operate as follows: • Products Offered: Sandwiches, Salads, Wraps and assorted items • Hours of Operation: Weekdays: 7AM-7PM Weekends: 9AM-5PM • Deliveries: Every morning between 4:30 AM-5:30 AM to the front of the store in a small-medium truck • Employment: Maximum of 14 per shift, 20 total • Floor Plan: 27 proposed seats Ordinances Identified for Requested Variance Relief: 6-11-4: D2 Downtown Retail Core District 6-11-3-4 SPECIAL USES: The following uses may be allowed in the D3 district, subject to the provisions set forth in section 6-3-5 of the Zoning Ordinance: Resale Establishment (Among other uses listed) Land Use Definitions: RESTAURANT, TYPE 1: An establishment in which the principal use is the service of prepared food and beverages for consumption on the premises. All service of prepared food and beverages for consumption on the premises shall require customers to order at a table, booth, or dining counter with service by a waiter or waitress at said table, Memorandum Page 540 of 563 booth, or dining counter and shall also require the use of reusable (nondisposable) flatware and dishware. Drive-through facilities are prohibited. RESTAURANT, TYPE 2: An establishment in which the principal use is the service of prepared food and/or beverages for consumption on and/or off the premises and that is not a "restaurant, Type 1" as defined herein. This definition shall not include establishments where incidental prepared food and beverage service is accessory to a bakery, food establishment, convenience store, food store establishment, meat market, or similar principal use nor shall it include cafeterias that are accessory to hospitals, colleges, universities, schools or other similar principal uses. Site Plan and Appearance Review Committee (SPAARC) Discussion and Recommendation: July 20, 2011 SPAARC Hearing Application for special use permit for Type 2 restaurant APPLICATION PRESENTED BY: Richard Barett Pret a Manger GENERAL DISCUSSION: Mr. Barett presented an overview of Pret A Manger and the proposed 1701 Sherman Avenue site. The following was discussed: • Mr. Barett stated Pret A Manger started in London in 1986. It is now established in new York, Chicago and Washington D.C. • The restaurants cater to ready to go meals. Although the Evanston location proposes 27 seats, the store will focus on take away meals. • The kitchen will not require an exhaust as it will focus on baguettes and croissants. • Mr. Argumedo asked about deliveries • Mr. Barrett responded that deliveries would occur daily; between the hours of 4:30AM-5:30AM in the front of the store in small-medium sized trucks. • Mr. Argumedo asked about hours of operation. • Mr. Barett responded that the store sought to operate from 7:00AM-7:00PM weekdays and 9:00AM-5:00Pm on weekends. • Mr. Barett also noted that all non-purchased food would be donated to charities. • Mr. Ruiz asked if a charity had been selected. • Mr. Barett responded that the Greater Chicago Food depository had been selected. Action: The Committee voted unanimously to recommend approval to the ZBA. Comprehensive Plan and Other Specifications: The 2000 Comprehensive Plan classifies 1701 Sherman Avenue into the “Central Business District” designation. The Comprehensive Plan defines the area as follows; “A mixture of office, retail, entertainment, institutional and residential uses.” The Comprehensive Plan further defines this portion of Sherman Avenue as a Distributor Street; “a street(s) that distributes traffic to businesses and parking.” Page 541 of 563 Special Use Standards: For the ZBA to recommend that City Council grant a special use, the ZBA must find that the proposed special use: a) is one of the listed special uses for the zoning district in which the property lies; b) complies with the purposes and policies of the Comprehensive General Plan and the Zoning Ordinance; c) does not cause a negative cumulative effect in combination with existing special uses or as a category of land use; d) does not interfere with or diminish the value of property in the neighborhood; e) is adequately served by public facilities and services; f) does not cause undue traffic congestion; g) preserves significant historical and architectural resources; h) preserves significant natural and environmental resources; and i) complies with all other applicable regulations. Staff Comment: If the ZBA recommends approval of the application to City Council, Staff further recommends the following conditions on the requested Special Use permit: a. Applicant shall develop the property in compliance with documents on file and testimony before the ZBA (11ZMJV-0054) b. Litter Collection Plan: 1. The operator shall adhere to a Litter Collection Plan, requiring the policing of an area located within a 250-foot radius of the building in which the use is located. This area shall be policed once every three hours during the hours the use is in operation and shall be kept free of all litter, including, but not limited to; food, beverages, napkins, straws, containers, bags, utensils, plates, cups, bottles, cans, and all other litter of any type emanating from any source. The operator of the convenience store shall comply with the Litter Collection Plan. This Ordinance shall prevail over any inconsistent or contrary provisions in the Plan. 1. For the purpose of this Ordinance, “litter” shall include, but is not limited to: putrescible animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food; other putrescible waste, including animal waste, dead animals, yard clippings and leaves; nonputrescible solid waste, including rubbish, ashes, street cleanings, abandoned automobiles, solid business, commercial, and industrial wastes, paper, wrappings, cigarettes, cardboard, tin cans, glass, bedding, crockery and similar materials; and all other waste materials which, if thrown or deposited as herein prohibited, may create a danger to public health, safety, or welfare. c. Garbage Pick Up 1. The owner of the property shall maintain on the subject property exterior litter receptacles of a number and type adequate, in the City’s judgment, and with collections there from of sufficient frequency, also Page 542 of 563 in the City’s judgment, to contain, with lids tightly shut, all litter emanating from operation of the use, and all litter collected pursuant to the Litter Collection Plan. Collections shall be a minimum of three (3) times a week, including collections on Sundays to the extent necessary, in the City’s judgment, to comply with this condition. All litter receptacles shall be maintained in a clean condition with tight- fitting lids and shall be placed on Code-compliant surfaces. The owner of the subject property shall provide adequate space at the rear of and on the subject property to accommodate the litter receptacles and collections required. 2. Within seven (7) days of written notice from the City to do so, the number of litter receptacles, and/or the number of collections from each shall be increased or modified in accordance with the City’s directive. Page 543 of 563     FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of after conducting a public hearing on August 2, 2011, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearing, based upon the standards for special uses specified in Section 6-3-5-10 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; __X__Met _____Not Met 6-0 Vote (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; __X___Met _____Not Met 6-0 Vote (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; __X___Met _____Not Met 6-0 Vote (D) It does not interfere with or diminish the value of property in the neighborhood; __X___Met _____Not Met 6-0 Vote (E) It can be adequately served by public facilities and services __X___Met _____Not Met 6-0 Vote (F) It does not cause undue traffic congestion; __X___Met _____Not Met 6-0 Vote Case Number: 11ZMJV-0054 Address or Location: 1701 Sherman Avenue Applicant: Warren Johnson Architects Inc. Proposed Special Use: Restaurant Type 2 Page 544 of 563     (G) It preserves significant historical and architectural resources; _____Met _____Not Met N/A (H) It preserves significant natural and environmental features; and _____Met _____Not Met N/A (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. __X___Met _____Not Met 6-0 Vote and, based upon these findings, and upon a vote __6__ in favor & __0_ against recommends to the City Council ___ approval without conditions _X_ approval with conditions specifically: • That the use and development of the property be in compliance with documents on file and testimony before the ZBA; • That owners and employees use off-street parking when operating the facility, • That the applicant adhere to the City’s litter and garbage collection plans; and • That the eligible store hours to operate be limited from 6AM until 10PM. ____ denial of the proposed special use. __________________________________________ Date: _____________ Robert Creamer Zoning Board of Appeals Chair Attending: Vote: Aye No ___x__ Robert A. Creamer __x__ ___ ___x__ Mary Beth Berns __x__ ___ ___x__ Scott Gingold __x__ ___ ______ Beth McLennan _____ ___ ___x__ Matt Rodgers __x__ ___ ___x__ Lori Summers __x__ ___ ___x__ Clara Wineberg __x__ ___ Page 545 of 563 For the City Council Meeting of September 26, 2011 Item # H1 Ordinance 52-O-11 For Action To: Honorable Mayor and Members of the City Council From: W. Grant Farrar, Corporation Counsel Subject: Amendment of the Dangerous Dog Ordinance, 9-4-17 Date: September 22, 2011 Recommended Action: The Human Services Committee recommends adoption of Ordinance 52-O-11 amending the Dangerous Dog provisions at Title 9, Chapter 4, Section 17 of the City Code, as submitted by Alderman Burrus and further amended by the Human Services Committee. Funding Source: N/A Summary of Proposed Ordinance: A dog is “dangerous” if it meets particular criteria which are set forth in section 9-4-17(a) of the Code. Dangerous dogs are subject to oversight as well as strict regulations that can impose certain obligations (and expenses) on the owner or harborer of the dangerous dog, such as containment requirements and insurance. If a dog that has been deemed “dangerous” and held to be not in compliance with the applicable regulations, it may be seized, impounded, and, ultimately, euthanized. Ordinance 52-O-11 proposes various amendments to the dangerous dog provisions of the City Code: First, the Ordinance would amend the initial procedure for the designation of a dog as dangerous. Section 9-4-17(A) as amended would clarify that it is the chief of police who may designate a dog as “dangerous” (according to the existing definition), but that he must first conduct an investigation that shall include certain elements. Second, at Section 9-4-17(B)(4), the proposed ordinance states that dangerous or vicious dogs that have been ordered to be contained instead of euthanized must be contained accordingly, or else shall be impounded and destroyed. There is an exception to the containment requirement that clarifies that the dog need not be contained in an enclosure under certain routine circumstances where the dog is leashed and under the control of a human being. Memorandum Page 546 of 563 Page 2 of 5 Third, the proposed Ordinance, at Section 9-4-17(B)(5), provides that an evaluation of the dog by an animal behaviorist or other licensed expert, at the owner’s expense, must be performed if requested by the owner, before the chief of police can designate a dog as dangerous. Fourth, at Section 9-4-17(F), the proposed Ordinance obligates the owner of the dangerous dog to provide proof of insurance before a seized dangerous dog may be released from impoundment. Such proof must be re-submitted annually. Previously, an owner was required to prove proof of insurance only upon request by the City; this changes shifts the burden to the owner of the dangerous dog to affirmatively establish compliance. Fifth, at Section 9-4-17(I)(2), the proposed ordinance adds to the existing penalty provision in subsection (1) a statement that in addition to fines and insurance costs, the owner is responsible for “any and all costs connected with the seizure, confiscation, confinement, and disposal” of a dangerous dog, including any court costs and attorneys’ fees. Sixth, the proposed Ordinance at Section 9-4-17(K) allows for a dog to be deemed a “continuous threat” by the Circuit Court and, if so deemed, destroyed. This provision existed previously as part of the general penalty provision but has been moved to clarify the penalties imposed by the ordinance versus enforcement measures in Circuit Court. Timeline for Proposed Ordinance 52-O-11 At the September 26, 2011 City Council meeting, Exhibit 2—Ordinance 52-O-11 as amended and passed by the Human Services Committee on August 1, 2011—is before the Council on second reading. Alderman Fiske’s contemplated amendments are Exhibit 3; these and any other amendments may be proposed from the floor for action. The progression of the proposed ordinance is set forth in detail to assist the Council’s understanding. • July 6, 2011: Proposed Ordinance 52-O-11, amending section 9-4-17(A) of the City Code, is referred to Human Services Committee by Alderman Burrus and placed on the agenda by the Chair, Alderman Tendam. The proposed ordinance is discussed and held over until the next meeting. o Exhibit 1 to this Memo is Ordinance 52-O-11, as originally proposed by Alderman Burrus to the Human Services Committee and then held over until the next committee meeting. • August 1, 2011: The Human Services Committee revisits the proposed ordinance (Exhibit 1). The Committee votes to approve the proposed ordinance with three additional amendments and send it to the full Council. o Exhibit 2 to this Memo is the amended draft of Ordinance 52-O-11, as passed by Human Services at the August 1, 2011 meeting. o The additional amendments passed by the Committee are as follows: ƒ Section 9-4-17(A) (1): “may include any and all of the following” replaced with “shall include one or all of the following.” Page 547 of 563 Page 3 of 5 ƒ Section 9-4-17(B) (4): Add sentence: “For purposes of this subsection, the requirement that a dangerous or vicious dog be contained in an enclosure will not be violated where the individual who owns, harbors, or cares for such dog is engaged in the walking or exercising of the dog, routine transporting of the dog, or other actions inherently inconsistent with containment in an enclosure; provided that the dog must remain leashed and under the control of a human being at all times that it is not contained in the required enclosure.” ƒ Section 9-4-17(B)(5): Replace “Prior to a decision” with “Before a dog can be designated as dangerous,” and “will be performed” with “must be performed.” Clarify that the evaluation is done if “requested and paid for in advance by the owner or other individual responsible for the dog.” • August 8, 2011: The revised ordinance passed by Human Services (Exhibit 2) was scheduled for introduction at the full City Council meeting, but it was later removed from the council agenda and packet, for agenda management reasons. • September 7, 2011: The revised ordinance passed by Human Services (Exhibit 2) is placed on the Human Services agenda again, as a Communications item, by the new Chair, Alderman Fiske. At the meeting Alderman Fiske shares with the Committee drafts of additional revisions that she intends to propose to the full Council as floor amendments when the ordinance is introduced. o Exhibit 3 to this Memo sets forth additional floor amendments that Alderman Fiske discussed at Human Services. o The potential floor amendments (in addition to any others proposed by any alderman) include the following: ƒ Amending Section 9-4-17(B) to provide that if an evaluation is conducted by an expert, the Chief shall consider the evaluation as part of the evidence prior to making a determination regarding the dog. ƒ Amending Section 9-4-17(J) to provide that the chief of police’s designation of a dog as dangerous is a final administrative determination that the owner can appeal to the Circuit Court under the provisions of the Administrative Review Act. Language that is incompatible with that provision or which is redundant with the provisions providing for a pre-determination investigation is stricken. • September 12, 2011: The revised ordinance passed by Human Services on August 1 (Exhibit 2) is introduced at City Council meeting. Preliminary discussion is had regarding Alderman Fiske’s additional proposed language (Exhibit 3). • September 26, 2011: The revised ordinance passed by Human Services on August 1 (Exhibit 2) is slated for action by the City Council. Alderman Fiske’s additional language (Exhibit 3) may be moved from the floor for Council action, as may any other language proposed by any alderman. Page 548 of 563 Page 4 of 5 • October 3, 2011: The Human Services Committee will consider additional proposed regulations for problem pet owners, an issue separate from, but related to, the dangerous dog ordinance. Additional Considerations: Administrative Adjudication and Appeals The current Dangerous Dog ordinance and the version that passed Human Services provide that the Chief of Police decides whether a dog should be designated as dangerous. The enacted ordinance does not address judicial review, allowing instead for a request for reconsideration by the Police Chief. The amendments in 52-O-11 create additional due-process protections for a hearing, but do not speak to judicial review. One of the proposed floor amendments (Exhibit 3) would provide that the chief’s decision is a final determination that can be appealed to Circuit Court under the Administrative Review Law. Also discussed in committee and at the September 12 Council meeting was the question of whether the Administrative Hearings Division should play a role in Dangerous Dog determinations. No amendments have yet been proposed on this issue, but in case it surfaces, the Law Department believes that, as an alternative to the Police Chief, the Administrative Hearings Division could be given the authority to designate dogs as dangerous and to fine the owner accordingly under the city ordinance. However, under the Municipal Code, an order to destroy a dog could not issue from Administrative Hearings, as state law does not provide authority for this penalty in the administrative adjudication scheme. In short, either the police department or the Administrative Hearings division could make the determination about whether a dog is dangerous. An amendment would have to be proposed to transfer that role from the Police Chief to Administrative Hearings. The issue of appeals is separate because regardless of whether the determination comes from the Chief of Police or and Administrative Hearing Officer, any appeal would have to be to Circuit Court; neither of the City entities have the jurisdiction to entertain appeals. These alternatives are depicted in the chart below. Only the third and fourth steps (highlighted) diverge. Either alternative would require additional amendments 52-O-11. Step 6 comes into play only if the floor amendment addressing the right to a judicial appeal passes. If it does not, the ordinance will remain silent about a right to judicial review of a dangerous dog designation. Steps Alternative 1 Alternative 2 1 Incident Incident 2 Notice of Violation Notice of Violation 3 Hearing by Police Chief Administrative Adjudication 4 Determination by Police Chief Determination by Administrative Hearing Officer 5 If dangerous, fines assessed and restrictions imposed. If dangerous, fines assessed and restrictions imposed. Page 549 of 563 Page 5 of 5 6 Appeal pursuant to Administrative Review Law *if enacted by floor amendment* Appeal pursuant to Administrative Review Law *if enacted by floor amendment* 7 If affirmed, penalties and restrictions stand. If affirmed, penalties and restrictions stand. 8 Compliance with restrictions monitored by Police Department / Animal Warden Compliance with restrictions monitored by Police Department / Animal Warden ------------------------------------------------------------------------------------- Attachments Exhibit 1: Ordinance 52-O-11, as introduced to Human Services on July 6, 2011 Exhibit 2: Ordinance 52-O-11, as further amended and passed by Human Services on August 1, 2011 Exhibit 3: Further amendments suggested by Alderman Fiske at Human Services on September 7, 2011 and prepared as floor amendments for Council on September 26, 2011 Page 550 of 563 6/21/2011 52-O-11 AN ORDINANCE Amending Certain Provisions of Title 9, Chapter 4 of the Evanston Municipal Code entitled “Dogs, Cats, Animals and Fowl” WHEREAS, the City of Evanston (the “City”) is a home-rule municipality in accordance with the Constitution of the State of Illinois of 1970; and WHEREAS, the City has the authority to adopt ordinances and promulgate rules and regulations that pertain to its government and affairs that protect the health, safety, and welfare of its citizens; and WHEREAS, the City determines that it is in the best interests of its citizens to amend certain provisions of Section 9-4-17 addressing “Dangerous Dogs” of the Evanston Municipal Code concerning dangerous dogs; and NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The foregoing recitals are incorporated herein as findings of the corporate authorities of the City of Evanston. SECTION 2: That Subsection 9-4-17 (A) of the Evanston City Code of 1979, as amended, is hereby further amended to read as follows: (A) Designation of Dangerous Dogs Defined: As used in this section “dangerous dogs” shall mean and include: 1. The chief of police or his/her designee may, after conducting an investigation, declare a dog to be a “dangerous dog”. The investigation may include any and all of the following: a. Consideration of evidence pertaining to the temperament of the dog; b. Evaluation of any and all testimony, documentation, or information regarding any pending or prior complaints, citations, or Page 551 of 563 52-O-11 ~2~ arrests regarding the animal; or c. Any medical or veterinary evidence regarding the animal. 2. Dangerous Dogs shall be defined as: 1. a. Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or 2. b. Any dog which attacks a human being or domestic animal without provocation; or 3. c. Any dog which, without provocation, in a vicious or terrorizing manner approaches any person in an apparent attitude of attack, whether or not the attack is consummated or capable of being consummated.; or 4. d. Any dog owned or harbored primarily or in part for the purpose of dogfighting or any dog trained for dogfighting. ; or 5. e. Any dog which has been trained as an attack dog, except such dogs which may be used by the Evanston police department or at its direction. ; or 6. f. No dog shall be deemed dangerous solely on the grounds that it bites, attacks or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it the dog. SECTION 3: That Subsection 9-4-17 (B) of the Evanston City Code of 1979, as amended, is hereby further amended to read as follows: (B) Regulations: 1. No person owning or harboring or having the care or custody of a dangerous dog shall suffer or permit such dog to go unconfined on the premises of such person. A dangerous dog is “unconfined” as the term is used in this section if such dog is not securely confined indoors or confined in a securely enclosed and locked pen or a dog run area upon the premises of said person. Such pen or dog run area must also have sides at least six feet (6’) high and a secure top. The pen or structure must have a concrete bottom and sides secured to said bottom. All structures erected to house dangerous dogs must comply with all zoning and building regulations of the city. All such structures must be of adequate size to permit the dog to move about freely, must be adequately lighted, ventilated, and kept in a clean and sanitary condition. 2. No dangerous dog may be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit such building on its own volition. No such animal may be kept in a house or structure when the windows are open or when screen doors or screen windows are the only obstacle preventing the dog from exiting the structure. Page 552 of 563 52-O-11 ~3~ 3. All owners, keepers or harborers of dangerous dogs within the city shall within ten (10) days from the effective date of this section display in a prominent place on their premises a sign easily readable by the public using the words “Beware of Dangerous Dog”. In addition, a similar sign is required to be posted on the kennel or pen of such animal. The owner, keeper, or harborer of the dangerous dog shall have city shall issue two (2) signs produced at their own expense which meets ing the requirements of this section upon payment of the annual two hundred and fifty dollars ($250.00) dangerous dog license permit fee, more fully set forth in subsection 9-4-4(A) of this chapter. 4. Any dog which has been found to be a dangerous dog (or vicious dog under the Illinois Animal Control Act, 510 ILCS 5/15) that has been directed to be contained in an enclosure rather than being destroyed, which is not confined to an enclosure, shall be impounded by the animal control officer or the City police department. Said dog shall be turned over to a licensed veterinarian for destruction by lethal injection, subject to the provisions of the Illinois Animal Control Act, 510 ILCS 5/1 et seq.. 5. Prior to a decision, an evaluation will be performed, at the request of and upon the advance payment by the owner, of the animal by a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert selected by the chief of police or his/her designee. SECTION 4: That Subsection 9-4-17 (E) of the Evanston City Code of 1979, as amended, is hereby further amended to read as follows: (E) Sell, Breed; Buy; No person shall possess with intent to sell, or offer for sale, breed, or buy or attempt to buy, or give away within the city limits a ny dangerous dog. SECTION 5: That Subsection 9-4-17 (F) of the Evanston City Code of 1979, as amended, is hereby further amended to read as follows: (F) Insurance: Any person owning or harboring or having the care of any dangerous dog shall maintain a policy of insurance in an amount not less than one hundred thousand ($100,000.00) insuring said person against any claim, loss, damage or injury to persons, domestic animals, or property resulting from the acts of the dangerous dog. Said insurance policy shall be separate and distinct from any homeowner’s insurance policy. Upon the determination of a dog as dangerous and prior to the release of the dog, the owner, keeper, or harborer shall transmit a copy of said insurance to the police department. The insurance must list contact information for the insurance company that issued the policy. The owner, Page 553 of 563 52-O-11 ~4~ keeper, or harborer of a dangerous dog has a continuing obligation to submit annually proof of insurance for the dog to the police department. Such person shall produce evidence of such insurance upon the request of a police officer or animal warden and shall present evidence of such insurance as a condition to obtaining a dog license. SECTION 6: That Subsection 9-4-17 (I) of the Evanston City Code of 1979, as amended, is hereby further amended to read as follows: (I) Penalty: 1. a. Whoever violates this section, except for subsection (B)(3) of this section, shall be fined in an amount not less than two hundred ($200.00), but notr more than five hundred dollars ($500.00) per charge. Whoever is found guilty of a second offense of violating this section shall be guilty of a class C misdemeanor and may be imprisoned up to thirty (30) days and shall be fined five hundred dollars ($500.00), which fine shall be mandatory and shall not be suspended or remitted. Whoever is found guilty of violating this section more than two (2) times shall be guilty of a class B misdemeanor and may be imprisoned for a term in excess of thirty (30) days but less than six (6) months and shall be fined five hundred dollars ($500.00), which fine shall not suspended or remitted. A violation of subsection (B)3 of this section shall cause a mandatory fine of fifty dollars ($50.00) to be imposed on the person found guilty of such offense. b. If the violation charged is a failure to maintain the insurance coverage required by subsection (F) of this section, in addition to any fine or other penalty which may be imposed, the violator must present satisfactory evidence of said insurance to the court as a condition to returning the dog to him or her. Failure to present evidence of said insurance shall preclude return of the dog and shall cause the city to petition the court for destruction of the dog and for all costs the city has incurred, or will incur, in connection with keeping the dog in its custody and with destroying it. 2. Any person found guilty of violating this section shall be fined an amount as established in subsection 9-4-17 (I)(1), and shall be responsible for any and all costs connected with the seizure, confiscation confinement and disposal of such animal, including any and all reasonable attorneys fees and court costs. Any dangerous dog which attacks a human being or another domestic animal may be ordered destroyed when in the court’s judgment, such dangerous dog represents a continuing threat of serious harm to human beings or other domestic animals. Page 554 of 563 52-O-11 ~5~ 3. Any person found guilty of violating this section shall pay, prior to the release of the dog from the city’s custody or its destruction, all expenses, including shelter, food, and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the destruction of such dog. SECTION 7: That Section 9-4-17 of the Evanston City Code of 1979, as amended, is hereby further amended to add subsection (K) and hereby read as follows: (K) Dangerous dog as a continuous threat: any dangerous dog which attacks a human being or another domestic animal may be ordered destroyed when in the judgment of a Judge in the Circuit Court of Cook County; such dangerous dog represents a continuing threat of serious harm to human beings or other domestic animals. SECTION 8: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2011 Adopted:___________________, 2011 Approved: _________________________, 2011 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel Page 555 of 563 8/2/2011 6/21/2011 52-O-11 AN ORDINANCE Amending Certain Provisions of Title 9, Chapter 4 of the Evanston Municipal Code entitled “Dogs, Cats, Animals and Fowl” WHEREAS, the City of Evanston (the “City”) is a home-rule municipality in accordance with the Constitution of the State of Illinois of 1970; and WHEREAS, the City has the authority to adopt ordinances and promulgate rules and regulations that pertain to its government and affairs that protect the health, safety, and welfare of its citizens; and WHEREAS, the City determines that it is in the best interests of its citizens to amend certain provisions of Section 9-4-17 addressing “Dangerous Dogs” of the Evanston Municipal Code concerning dangerous dogs; and NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The foregoing recitals are incorporated herein as findings of the corporate authorities of the City of Evanston. SECTION 2: That Subsection 9-4-17 (A) of the Evanston City Code of 1979, as amended, is hereby further amended to read as follows: (A) Designation of Dangerous Dogs Defined: As used in this section “dangerous dogs” shall mean and include: 1. The chief of police or his/her designee may, after conducting an investigation, declare a dog to be a “dangerous dog”. The investigation [may include any and all of the following] shall include one or all of the following: a. Consideration of evidence pertaining to the temperament of the dog; Page 556 of 563 52-O-11 ~2~ b. Evaluation of any and all testimony, documentation, or information regarding any pending or prior complaints, citations, or arrests regarding the animal; or c. Any medical or veterinary evidence regarding the animal. 2. Dangerous Dogs shall be defined as: 1. a. Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or 2. b. Any dog which attacks a human being or domestic animal without provocation; or 3. c. Any dog which, without provocation, in a vicious or terrorizing manner approaches any person in an apparent attitude of attack, whether or not the attack is consummated or capable of being consummated.; or 4. d. Any dog owned or harbored primarily or in part for the purpose of dogfighting or any dog trained for dogfighting. ; or 5. e. Any dog which has been trained as an attack dog, except such dogs which may be used by the Evanston police department or at its direction. ; or 6. f. No dog shall be deemed dangerous solely on the grounds that it bites, attacks or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it the dog. SECTION 3: That Subsection 9-4-17 (B) of the Evanston City Code of 1979, as amended, is hereby further amended to read as follows: (B) Regulations: 1. No person owning or harboring or having the care or custody of a dangerous dog shall suffer or permit such dog to go unconfined on the premises of such person. A dangerous dog is “unconfined” as the term is used in this section if such dog is not securely confined indoors or confined in a securely enclosed and locked pen or a dog run area upon the premises of said person. Such pen or dog run area must also have sides at least six feet (6’) high and a secure top. The pen or structure must have a concrete bottom and sides secured to said bottom. All structures erected to house dangerous dogs must comply with all zoning and building regulations of the city. All such structures must be of adequate size to permit the dog to move about freely, must be adequately lighted, ventilated, and kept in a clean and sanitary condition. 2. No dangerous dog may be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit such building on its own volition. No such animal may be kept in a house or structure when the windows are open or when screen doors or screen windows are the only Page 557 of 563 52-O-11 ~3~ obstacle preventing the dog from exiting the structure. 3. All owners, keepers or harborers of dangerous dogs within the city shall within ten (10) days from the effective date of this section display in a prominent place on their premises a sign easily readable by the public using the words “Beware of Dangerous Dog”. In addition, a similar sign is required to be posted on the kennel or pen of such animal. The owner, keeper, or harborer of the dangerous dog shall have city shall issue two (2) signs produced at their own expense which meets ing the requirements of this section upon payment of the annual two hundred and fifty dollars ($250.00) dangerous dog license permit fee, more fully set forth in subsection 9-4-4(A) of this chapter. 4. Any dog which has been found to be a dangerous dog (or vicious dog under the Illinois Animal Control Act, 510 ILCS 5/15) that has been directed to be contained in an enclosure rather than being destroyed, which is not confined to an enclosure, shall be impounded by the animal control officer or the City police department. Said dog shall be turned over to a licensed veterinarian for destruction by lethal injection, subject to the provisions of the Illinois Animal Control Act, 510 ILCS 5/1 et seq. For purposes of this subsection, the requirement that a dangerous or vicious dog be contained in an enclosure will not be violated where the individual who owns, harbors, or cares for such dog is engaged in the walking or exercising of the dog, routine transporting of the dog, or other actions inherently inconsistent with containment in an enclosure; provided that the dog must remain leashed and under the control of a human being at all times that it is not contained in the required enclosure. 5. [Prior to a decision] Before a dog can be designated as dangerous under this Chapter, an evaluation of the animal by a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert selected by the chief of police or his/her designee [will] must be performed if requested and paid for in advance by the owner or other individual responsible for the dog. [at the request of and upon the advance payment by the owner.] SECTION 4: That Subsection 9-4-17 (E) of the Evanston City Code of 1979, as amended, is hereby further amended to read as follows: (E) Sell, Breed; Buy; No person shall possess with intent to sell, or offer for sale, breed, or buy or attempt to buy, or give away within the city limits a ny dangerous dog. Page 558 of 563 52-O-11 ~4~ SECTION 5: That Subsection 9-4-17 (F) of the Evanston City Code of 1979, as amended, is hereby further amended to read as follows: (F) Insurance: Any person owning or harboring or having the care of any dangerous dog shall maintain a policy of insurance in an amount not less than one hundred thousand ($100,000.00) insuring said person against any claim, loss, damage or injury to persons, domestic animals, or property resulting from the acts of the dangerous dog. Said insurance policy shall be separate and distinct from any homeowner’s insurance policy. Upon the determination of a dog as dangerous and prior to the release of the dog, the owner, keeper, or harborer shall transmit a copy of said insurance to the police department. The insurance must list contact information for the insurance company that issued the policy. The owner, keeper, or harborer of a dangerous dog has a continuing obligation to submit annually proof of insurance for the dog to the police department. Such person shall produce evidence of such insurance upon the request of a police officer or animal warden and shall present evidence of such insurance as a condition to obtaining a dog license. SECTION 6: That Subsection 9-4-17 (I) of the Evanston City Code of 1979, as amended, is hereby further amended to read as follows: (I) Penalty: 1. a. Whoever violates this section, except for subsection (B)(3) of this section, shall be fined in an amount not less than two hundred ($200.00), but notr more than five hundred dollars ($500.00) per charge. Whoever is found guilty of a second offense of violating this section shall be guilty of a class C misdemeanor and may be imprisoned up to thirty (30) days and shall be fined five hundred dollars ($500.00), which fine shall be mandatory and shall not be suspended or remitted. Whoever is found guilty of violating this section more than two (2) times shall be guilty of a class B misdemeanor and may be imprisoned for a term in excess of thirty (30) days but less than six (6) months and shall be fined five hundred dollars ($500.00), which fine shall not suspended or remitted. A violation of subsection (B)3 of this section shall cause a mandatory fine of fifty dollars ($50.00) to be imposed on the person found guilty of such offense. b. If the violation charged is a failure to maintain the insurance coverage required by subsection (F) of this section, in addition to any fine or other penalty which may be imposed, the violator must present satisfactory evidence of said insurance to the court as a Page 559 of 563 52-O-11 ~5~ condition to returning the dog to him or her. Failure to present evidence of said insurance shall preclude return of the dog and shall cause the city to petition the court for destruction of the dog and for all costs the city has incurred, or will incur, in connection with keeping the dog in its custody and with destroying it. 2. Any person found guilty of violating this section shall be fined an amount as established in subsection 9-4-17 (I)(1), and shall be responsible for any and all costs connected with the seizure, confiscation confinement and disposal of such animal, including any and all reasonable attorneys fees and court costs. Any dangerous dog which attacks a human being or another domestic animal may be ordered destroyed when in the court’s judgment, such dangerous dog represents a continuing threat of serious harm to human beings or other domestic animals. 3. Any person found guilty of violating this section shall pay, prior to the release of the dog from the city’s custody or its destruction, all expenses, including shelter, food, and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the destruction of such dog. SECTION 7: That Section 9-4-17 of the Evanston City Code of 1979, as amended, is hereby further amended to add subsection (K) and hereby read as follows: (K) Dangerous dog as a continuous threat: any dangerous dog which attacks a human being or another domestic animal may be ordered destroyed when in the judgment of a Judge in the Circuit Court of Cook County; such dangerous dog represents a continuing threat of serious harm to human beings or other domestic animals. SECTION 8: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Page 560 of 563 52-O-11 ~6~ Introduced:_________________, 2011 Adopted:___________________, 2011 Approved: _________________________, 2011 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel Page 561 of 563 Page 562 of 563 Page 563 of 563